S.O.U.L. ......Shetland & Orkney Udal Law group.

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‘With laws land will be built.’

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1669 ACT for annexation of Orknay & Zetland
to the Crown

FORASMUCH as the Iles of Orknay & Zetland
are a .great and fo considerable a parte of this his
Maiesties antient Kingdom, that for diverfe ages
they wer the occafion of much trouble and expence
of blood and money, for mantaining therof againft
the invafion of forraners, and recovering the fame
out of their hands by armes & treaties; And the
faids Iles being of a great & large extent of bounds
and fo remot and at fuch a diftance from the ordi-
nary feat of Juftice and judicatories That the inha-
bitants within the fame are not able to travell in
the winter feafon; and at other times cannot with-
out great trouble & expences, repair to the faids Ju-
dicatories to complain when they are oppreffed and
greived. It is not only fit in order to his Maiesties
intereft, but will be the great advantage of his
Maiesties fubiects duelling there, That without inter-
pofeing any other Lord or Superior betuixt his
Maiestie and them, they fhould have an imediat
dependence vpon his Majestic and his Officers,
being their great fecurity againft forrane attempts
& opprefsion at home. And feing it is moft
ex-pedient & neceffar that a publict patrimony and
certane revenew in lands lordfhips ' &., others
should be fetled vpon and annexed vnto his Maiesties
Croun for fupporting of his Royall Eftate & Go-
vernment, and the great & neceffar charges of the
fame, which if not defrayed out of his Maties oune
proppertie and revenew, would vnavoidably ly
and be a heavy burden vpon his Maties leldges.
And to that purpofe diverfe acts of annexation;
have been made from tyme to tyme, and in fpeciall
the Earledome of Orknay and Lordfhip of Zetland
with the pertinents of the fame wer annexed to
the Croun in the yeer one thousand fyve hun
dreth & fourtie, and one thoufand Sex hundreth
and tuelff rextive; And yet importunity prevail-
ling with his Maiestie and his Royall father their
goodnes & inclination to gratifie their Subiects,
they have been induced to give away and parts*
with fo great a jewell of their Croun, and to dif
pone and grant rights of the faid Earledome and
Lordfhip which being fund to be to the great
preiudice of his Maiestie, his Croun and
contrarie to the laws and acts of Parliament of this
Kingdom, by a decreit of the Lords of Seffion
obtained vpon the tuentie fyft day of ffebruary laft
paft at the inftance of Sir John Nifbet of Dirletoun
Knight his Maiesties Advocat for his Maiesties in
tereft Againft William Earle of Mortoun, Charles
Lord Dalkeith his fon, George Vifcount of Grand
diftoun and certane other perfons therin mentioned.
The faids Lords by their decreit forfaid, have re
duced the contracts, difpofitions, infeftments, acts
of diffolution and other rights therin mentioned
made & granted by his Maiestie and his Royall father
to and in favours of the deceafed William Earle of
Mortoun Grandfather to William now Earle of
Mortoun, and the faid George Vifcount of Grandis
toun of the faid Earledome of Orknay & Lordfhip
of Zetland, with the rights alfo therin mentioned
depending thervpon: And the faids Lords have
fund and declared That his Maiestie hath good &
vndoubted right to the laid Earledome & Lordfhip
as his annexed proppertie for the reafons thairin
contained As the faid decreit at lenth proports.
Thairfor his Maiestie with advice & confent of his
Eftates of Parliament Doth Ratifie and confirme
the faid decreit, & ordains the famen to be of full
force ftrenth, and effect in all tyme coming. Hold
ing and willing this their Ratification to be als fuf-
ficient and effectuall as if the faid decreit and whole
tenor of the fame wer infert heirin. And his Ma
iestie following the lawdable example and practice
of his Royall prediceffors, Doth with confent for-
faid Ratifie the faid former annexation of famen
to the Croun, And without preiudice therof Doth
of new again Vnite, Annex & incorporat to the
Croun of this his antient Kingdom, to remain in-
feperablie with the famen in all tyme comeing, the
faid Earledome of Orknay & Lordfhip of Zetland
with all and fundrie yles, holmes, udall lands and
other lands whatfoever, of what name and by what
defignation foever the famen are of or may be knoun,
lying within the Shirreffdom of Orknay, and per-
teaning to the faid Earledome & Lordfhip & be-
longing to his Maiestie in maner forlaid in proppertie
or fuperiority, or by any other right or title, To-
gether with all Caftells Tours fortalices, milns,
multers, fifhings arents, reverfions, patronages of
kirks, and teinds perfonage & viccarage perteining
to his Maiestie within the bounds forfaid; And all
and whatfomever myns of gold, Filver, copper and
other minerals within the forfaid bounds with the
heretable office of Jufticiary Sheriffhips and ffoudrie
f & Admiralitie within the forfaid yles, and belong-
ing to the laid Earldome & Lordfhip, with all
other parts pendicles & pertinents, cafualities, pri-
veledges, jurifdictions offices and others whatfoever
perteaning to the famen ; All which his Maiestie with
confent forfaid Doth Vnite and Annex to his Croun,
Declareing the generality forfaid to be fufficicnt to
the intent and effect forfaid As if each parte, par-
cell, pertinent, office, patronage or priviledge be-
longing to the faid Earledome and Lordfhip wer
heirin expreft. And it is Statute and Declared
That the faid Earledom & Lordfhip, lands teinds &
others above mentionat annexed to the croun in
maner forfaid Shall remain thairwith in all tyme-
comeing. And that the famen or any parte therof
shall not Nor may be given away in fie & heretage
nor in frank tenement lyverent penfion or tack Ex-
cept for the full duetie which may be gotten from
and payed by the tennents nor by any other maner
of alienation right or difpofition whatfomever to
any perfon or perfons of whatfoever eftate degree
or qualitie they be without advice decreit & deli-
beration of the whole Parliament; and for great
weighty & reafonable caufes concerning the good
weillfare and publict intereft of the whole King-
dom firft to he propofed and to be advifed &; ma-
turely pondered & confidered by the Eftates re
integra, befor any previous grant, right, or deid be
given, made or done be his Maiestie or his Succeffors
concerning the difpofition of the laid Earledome or
Lordfhip or any parte therof which may any
ways predetermine them or the Eftates of Parlia-
ment and prejudge the freedome of their delibera-
tion & confent. And if at any tyme heirafter it
fhall be thought fit to difpone or grant any right
of any parte of the faid Earledome & Lordfhip It
is declared that the generall narrative of good fer-
vices, weighty caufes & considerations shall not he
fufficient; Bot the particular caufes & confiderations
whervpon his Maiestie and his Succeffors may be in-
duced to grant & the Eftats to content to fuch
rights, are to he expreft; That it may appeare that
the fame is not granted through importunity or
ypon privat fuggeftions or Pretences Bot for true
juft and reafonable caufes and considerations of pub-
lict concernment. And farther it is Declared That if
any generall act of Diffolution of his Maiesties prop-
pertie shall be made at any tyme heirafter; The
faid Earledome & Lordfhip and others above men-
tioned & annexed Shall not be vnderftood to fall
or he comprehended vnder the fame; And if the
faid Earledome and Lordfhip or any parte therof
shall be annalied or difponed, or any right of the
fame fhall he granted otherways then is appointed
and ordained in maner above mentioned His Ma-
iestie with confent forfaid Doth Statute and De-
clare That all difpofitions infeftments and other
rights of the faid Earledom & Lordfhip, or any
parte therof which fhall be granted contrarie to
this prefent Act with all acts of diffolution and
Ratification & other acts of Parliamt concerning
the fame shall be from the hegining &t in all tyme-
coming voyd and null and of no effect; And not-
withftanding therof; that it fhall be lawfull to our
Soverane Lord & his fucceffors for the tyme, to tak
bak and receave at thair pleafure for their oune vfe,
without any proceffe of law, the lands and others
above annexed, or any parte therof which fhall be
annalied or difponed; And thefe in whofe favours
any fuch rights & alienations fhall be made shall
be comptable for and lyable to refound and pay all
proffeits intromifsion or benefite taken vpliftcd or
enjoyed be them in the mean tyme: And it is
Declared that all other claufes articles & provifions
contained in any former act or acts of annexation
to the advantage of his Maiestie & his Croun, Are
and fhall be holden as repeited and infert heirin.
And farther his Maiestie with advice & confent of the
Eftates forfaid hath Suppreffed the faid office of
Shirrefffhip And hath erected and heirby erects a
Stewartrie within the bounds forfaid of the faid
Earledom and Lordfhip and Yles of Orknay & Zet-
land To be called in all tymecomeing the Stewartrie
of Orknay & Zetland Ordaining the tennents poffef-
fors and inhabitants within the bounds forfaids and
other perfons who wer formerlie anfwerable and
lyable to the jurifdiction of Shirefffhip and foudrie
above mentioned To he anfuerable to his Maiestes
Stewart off the faid Stewartrie with all priveledges
competent to any Stewartrie of his Maiesties proppertie
within this Realme. Lykas it is Declared and Sta-
tute That the forfaid office of Stewartrie shall not
be given heretablie to any perfon or perfons and
their airs without advice and confent of Parlia-
ment in maner above mentioned; And all rights of
the fame which fhall he granted otherwife at any
tyme heirafter shall be from the begining and in all
tyme comeing null and voyd. It is always Declar-
ed That this act and annexation forfaid shall not
prejudge the Bifhop of Orknay of his Patrimony
and priveledges belonging to him Or of any parte
therof And that he and his Succeffors fhall be in
the fame cace as they wer befor the makeing heirof.
And likewife it is declared That the annexation
forfaid, and the fuppreffing of the faid office of
Shirreff, And the erecting of the faid Stewartrie
shall be without preiudice to his Maties Vaffalls
within the faids yles of their libertie and priveledge
to have & fend Comiffioners to Parliat to reprefent
them in the fame maner As they did or might have
done formerlie

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