Page:The Laws and Acts of Parliament of Scotland.djvu/696

Tkefecond ^Parliament of reafons therein contained; as the faid Decreet at length proports. Therefore, -His Majefty, with advice and cpnfent of the Eftates of Parliament , doth Ratifie and Confirm the faid Decreet , and Ordains the fame to be oi full force , ftrength and effect in ail time coming ; holding and willing this their Ratification to be ais fu'fficient and effectual , as it the faid Decreet and whole tenor oi the fame were infert herein. And his Majefty, following the laudable example and practice of his Royal Predeceflors , doth , with confent forefaid , Ratifie the faid former Annexation of the fame to the Crown ; and without prejudice thereof, doth of new a^ain unite, annex and incorporat to His Crown of this His ancient Kingdom, to remain infeparably with the fame in all time coming , the faid Earldom of Qrknay and Lordihip oi Zetland, withall and iundry Ifles , Holms, Udal-lands and other Lands whatfoever, of what name and by what defignation foever the fame are or may be known, lying within the Sheriffdom of Qrknay and pertaining to the faid Earldom and Lordihip, and belonging to his Majefty in manner forefaid, in Property or Superiority, or by any other Right or Tide , together with all Cartels , Towers, Fortalices, Milns , Multars , Fifhings, Annual-rents, Rever- sions , Patronages of Kirks, and Teinds , Parfonage and Vicarage pertaining to his Majefty within the bounds forefaid; And all and whatfoever Mines of Gold, Silver, Copper and other Minerals within the forefaid bounds, with the heretable Office oiJufticiary,SherifTship and Foudrie and Admiralty within the forefaid Ifles, and belonging to the faid Earldom and Lor .lihip, with all other Parts, Pendickles and Pertinents, Carnalities, Priviledges , "jurifdictions , Offices and others whatfoever pertaining to the fame; -all which, his Majefty, with confent forefaid , doth unite and annex to His Crown , Declaring the generality forefaid to be fufficient to the intent & effect forefaid,as if each Part, Par eel, Pertinent, Office, Patronage or Priviledge belonging to the faid Earldom and Lordihip were herein expreft. And it is Statute and Declared , That the faid Earldom and Lordihip , Lands , Teinds , and others above-mentioned , annexed to the Crown in manner fore- faid, fhall remain therewith in all time coming; and that the fame or any part thereof ihail not, nor may be given away in Fee and Heretage, nor in Frank-tenement, Life-rent, Penfion or Tack, excepc for the full duty which may be gotten from , and payed by the Tennents , nor by any other manner of Alie- nation, Right or Difpofition whatfoever , to any perfon or perfons of whatfoever eftate, degree or quality they be, without Advice, Decreet and Deliberation of the whole Parliament; and for great, weighty and reafonable caufes concerning the good, wellfare and publick Intereft of the whole Kingdom, flrft to be propof- ed and to be advifed , and maturely pondered and confidered by the Eftates , re Integra , before any previous Grant, Right or Deed be given , made or done by his Majefty or his Succeflbrs, concerning the difpofttion of the faid Earldom and Lordihip or any part thereof, which may any wayes predetermine them or the Eftates of Parliament, and prejudge the freedom of their Deliberation and Confent. And if at any time hereafter if flial.1 be thought lit to difpone or grant any Right of any part of the faid Earldom and Lordihip, It is Declared , that the general narrative of good fervices , weighty caufes and confiderations fhall not be fufficient; but the particular caufes and confiderations , whereupon His Majefty and His Succeflbrs may be induced to grant, and die Eftates to confent to fuch Rights, are to be expreft ; that it may appear, that the fame is not granted through importunity , or upon private fuggeftions or pretences , but for true, juft and reafonable caufes and confiderations of publick concernment. And farther, It is Declared, that if any general ActofDiffolution of His Majefties Property fhall be made at any time hereafter ; the faid Earldom and Lordihip , and others above-mentioned and an nexed , mall not be underftood to fall or be comprehend- ed under the fame; And if the faid Earledom and Lordihip , or any part thereof , fliall be annallied or difpo- ned , or any Right of the fame fliall be granted otherwaies then is appointed and ordained in manner above- mentioned; HisMajeftie, with confent forefaid, doth ftatute and Declare , That all Difpofitions, Infeft- ifnents and other Rights of the faid Earledom and Lordihip , or any part thereof which fliall be granted con- trary to this prefent Act, with all Acts of Diflblution and Ratification and other A els of Parliament concern- ing the fame , fliall be from the beginning and in all time comming void and null, and of no effect : And not- withftanding thereof, thatit fliall be lawful to our Soveraign Lord and His Succeflbrs for the time , totake back and receive at their pleafure for their own ufe, without any Procefs of Law , the Lands and others a- bove-annexed , or any part thereof which fliall be annallied or difponed ; and thefe in whofe favours any fuch Rights and Alienations fliall be made, fliall be countable for, and liable to refound and pay all profits, intromiffion or benefit taken, uplifted or enjoyed by them in the mean time: And it is Declared, that all other Claufes , Articles and Provifions contained in any former Act or Acts of Annexation to the advantage of His Majefty and His Crown, are and fliall be holden as repeated and infert herein. And farther, His Majefty ,with advice and confent of the Eftates forefaid,hath fupprefTed the faid Office of Shenffship,and hath erected and hereby erects a Stewartry within the bounds forefaid of the faid Earldom andLordfhip,and Ifles of Orkuay and Zetland , to be called in all time comming, The Stewartry of Orknay and Zetland, Ordain- ing the Ten nants, Pofleflbrs and Inhabitants within the bounds forefaid , and other perfons who were for- merly anfwerable and lyable to the jurisdiction of Sheriffhip, and Foudrie above-mentioned , to be anfwe- rable to His Majefties Stewart of the faid Stewartry , with all Priviledgcs competent to any Stewartry of His Majefties Property within this Realm. Likeas , it is Declared and Statute , that the forefaid Oilice of Ste- wartry fliall not be given heretably to any perfon or perlonsand their heirs, without advice and confent of Parliament in manner above-mentioned ; and ail Rights of the fame which fhall be granted other- wayes at any time hereafter, fliall be from the beginning and in all time comming null and void. l!