1707 Disponement to Earl of Morton
This is an example of how the Crown will bend the law to get its own way. If, as the 1669 Act states, all disponements before 1669 were illegal (because the Crown did not have the necessary ownership), then this disponement is also illegal.
This legislation is to compensate the earl of Morton for his hardship - circumstances specifically excluded by the provisions of the 1669 Act.
1707 Disponement to Earl of Morton
1706/10/305 (NAS, PA6/34, 'February 12 1707')
12 February 1707
Legislation
Act of dissolution of the lands of Orkney and Zetland from the crown in favour of the earl of Morton
Our soveraign lady, considering the good and faithfull services done and performed by James, now earle of Morton, and his predecessors, earles of Morton, to her majesty and her royall ancestors and their native countrey; and also considering that the said James, earle of Morton, having represented his title and interest to the isles of Orkney and Zetland, to the parliament 1693, and the parliament having appointed their majesties' advocat for the time to see and answer the said representation, and answers being accordingly given in for their then majesties' interest, which, with the representation being considered by the parliament the fifteenth day of June the said year jM vjC and ninety three, they did recommend to their then majesties the said earle of Morton's case, and to consider the hardships and stretches which he and his predecessors had suffered by a decreet of reduction obtained at the instance of the king's advocat for his majesties' interest in the year jM vjC and sixty nine, reducing the earle of Morton, his right and title to the earledome of Orkney and lordship of Zetland, and others therin mentioned, and by ane act past in the parliament the said year jM vjC sixty nine, wherby the forsaid decreet was confirmed and ratified and the said isles of Orkney and Zetland were of new annexed to the croun and patrimony therof. Lykeas, the said earle, having given in a new representation to the parliament held in the year jM vijC and two, the parliament did again recommend to her majestie to consider the hardships the said earle and his predecessors have suffered by the above mentioned decreet and act, with all that followed thereon. And her majesty, having taken to her royal consideration the forsaid recommendations and representations wherupon the same proceeded, with the representation made by the said James, earle of Morton in this session of parliament, and being convinced of the hardships and stretches mentioned in the forsaid recommendations of parliament, wherby, and by the transactions depending, and following therupon, the earle and his family were very greatly leas'd; and having also considered that small or no advantage has redounded to the crown from the tacks and manadgement of Orkney and Zetland since the said annexation, and being willing to shew at once a mark of her majesties' royall justice and favour to the said earle of Morton and his family, for preserving the same, therfor, her majesty, for the good and weighty reasons and causes abovementioned, with the speciall advice and consent of the estates of parliament, for all right and title any way competent to the crown or principality of Scotland, hath dissolved and hereby dissolves from the croun and patrimony therof, all and haill the earledome of Orkney and lordship of Zetland, with all and sundry isles, holms, burghs, udal lands and other lands whatsomever, of what name and by what designation soever the same are, or may be known, lying within the sherriffdome or stewartry of Orkney, and pertaining to the said earledome and lordship, and now, by the forsaid acts of annexation past in the parliaments held in the years jM vjC and twelve and jM vjC and sixty nine, pertaining to her majesty, or by whatever other right and title, together with all castles, towers, fortalices, milnes, multures, fishings, annualrents, reversions, patronages of kirks, chaplanries, altarages or prebendries, teinds parsonage and viccarage, with the office of justiciary, sherriffship, steuartship, bailliarie or feudarie, with the casualties and priviledges thereto belonging; together with all other parts, pendicles and pertinents, casualties, jurisdictions, priviledges and others whatsomever belonging to the same; to the effect her majesty may dispone to the said James, earle of Morton, his heirs and successors whatsomever, the forsaid earledome, lordship, isles, lands, milns, offices, jurisdictions, casualties and others abovementioned or any part thereof, and that in such manner as may most effectually preserve the samen to the said earle and his forsaids for support of the family of Morton, redeemable by her majesty and her royall successors, on payment of the soume of three hundred and sixty thousand pounds Scotts money, and that in due and competent form; to be holden all and sundry the forsaid earledome, lordship, isles, lands, milns, burghs, teinds, patronages, offices, jurisdictions, casualties and others abovewritten with the pertinents, to the said James, earle of Morton, his heirs and successors whatsomever, of her majesty and her royall successors, giving yearly the said James earle of Morton, and his forsaids, to her said majesty and her royall successors, during the not redemption, for all and sundry the forsaid earledome, lordship, isles, holms, udal lands and other lands, milns, burghs, teinds, patronages, offices, jurisdictions and others abovementioned, with the pertinents, the soume of six thousand pounds Scotts money, at two terms in the year, Whitsunday and Martinmass by equall portions, in name of feu-farm, with the double of the said few-duty at the entry of every heir, and administration of justice to all and sundry her majesties' liedges in the forsaids offices, as accords, with the summe of one thousand, six hundred pounds Scotts money to the ministers of Orkney, or such other summes as are or shall be modified by way of augmentation to the said ministers, out of the teinds above disponed, at the terms of payment used and wont for all other burden, exaction, question, demand or service, which may be any wayes asked or required furth of the said earldome, lordship, isles, lands, offices, jurisdictions, and others abovementioned during the not redemption, reserving all haucks pertaining to her majesty with the falconers' sallaries and other casualties to them belonging, conforme to former custom used and wont. And lastly, her majesty, with advice and consent forsaid, declares and ordains the right to be granted by her majesty and royall successors to the said earle and his forsaids, of the premisses, hereby dissolved to the effect and in manner forsaid, to be als valid and effectuall as if the samen had never been annexed to the crown and patrimony thereof, and as if the said earledome, lordship, isles, lands and others forsaids were here more fully and particularly enumerate, albeit the samen be not so done, wheranent, her majesty, with advice and consent forsaid, has dispensed and hereby dispenses forever. And her majesty, with advice and consent foresaid, statuts and declares that this present dissolution shall have the full force and strength of any former act of dissolution past in the best form, with all clauses needfull, and hereby rescinds and repeals the forsaids acts of the parliaments past in the said years jM vjC and twelve and jM vjC and sixty nine, and all other acts annexing the foresaid earledome of Orkney, lordship of Zetland, isles, lands, offices, jurisdictions and others particularly and generally abovementioned to the croun and the haill heads, articles and clauses thereof, in so farr as the same may be hurtfull and prejudiciall to this present act and rights to follow hereon, declaring alwayes that the right and jurisdiction of admiralty is not herein comprehended.