[1705/6/143]¹

Ratification in favors of the earl of Mortoun

Our sovereign lady, with the advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a gift under the privy seal of the date at Windsoir Castle, the fifth day of August, j^M vij^C and two years, granted by her majesty, with consent of her commissioners of thesaury and exchequer for the time, in favors of James, earl of Mortoun, his heirs and successors, by which gift her majesty, in consideration of the recommendations therein mentioned from the parliament in favors of the said earl for an allowance to him to prosecute a reduction of the decreet and act of parliament therein expressed, and for a provision to him in the mean time untill the said cause were finally discussed did, with consent foresaid, give and grant to the said earl and his foresaids an annuity of ane thousand pounds sterling, or twelve thousand pounds Scots, to be payed to him and them yearly out of the first and readiest of the rents, duties, profites and casualities of the earldom and lordships of Orkney and Zetland, includeing alwayes and in full satisfaction of all former settlements made to him out of the foresaid lands or any other manner of way on the foresaid account, beginning the first term's payment of the foresaid thousand pounds sterling at the term of Martinmass then next to come and so furth yearly and termly, ay and while his foresaid cause be of new tryed and finally discussed. And for the said earl and his foresaids their more sure payment, her majesty, with advice and consent foresaid, assigned and made over to him and them yearly as much of the said yearly rents, duties, profites, casualities and first and readiest thereof as will yearly pay and clear the foresaid annuity, and further, in respect that the rents, duties and casualities of the foresaid earldom and lordship were then in collection, her majesty nominated and appointed the said James, earl of Mortoun and his foresaids and their deputes, for whom they should be answerable, her majesties' chamberlains and collectors of the said haill rents, duties and casualities, and that as fully and effectually as if a special and ample letter of chamberlainry with all clauses ordinar had been given to them for that effect, with provision alwayes that, after payment to himself and them in the first place of the foresaid free annuity, he and they should be countable to the commissioners of the thesaury for the remaining superplus of the said rents, duties and casualities when required and should find good and sufficient security for that end. As also, that if the said lords commissioners of the thesaury should think fit rather to set the said earldom and lordship in tack than continue it in collection they might freely do the same, provideing nevertheless, likeas her majesty by the said gift expresly ordained, that when the said commissioners should think fit to set the foresaid tack they should take the tacksmen ane or mae expresly oblidged in the body of their tack to pay to the said earl and his foresaids or their order the foresaid annuity yearly and termly in the first end of their tack duty, and to be allowed to the said tacksmen on his or their recept, without any necessity of any interveening precept and order of thesaury for that effect, and so as the said earl and his foresaids may have immediat diligence on the said registred tack against the said tacksmen for recovering payment of the said annuity in the forend of the said tack duty without any delay, as the said gift bears, in all and sundry heads, articles and clauses thereof. And her majesty, with advice and consent of the said estates of parliament, wills and grants and, for her and her royal successors, statutes and ordains, that the foresaid gift is and shall be conform to the tenor of the same a good, valid and sufficient right and title to the said James, earl of Mortoun for possessing and enjoying, without stopt or impediment, the foresaid annuity in manner and dureing the space abovementioned, and declares that the same shall never be quarrelled or revocked by her majesty or her successors in time comeing, and that this present ratification is and shall be as valid and sufficient, to all intents, as if every word of the said gift were insert herein, with the not inserting whereof and with all other objections that may be proponed against the validity hereof or of the said gift hereby confirmed, her majesty, with consent foresaid, dispensed and hereby dispenses for ever. Extract.