[1585/12/51]*[print] [email] [cite] [preceding] [following]
†Our sovereign lord, with advice of the three estates in this present parliament, understanding that James Johnston of Elphinstone really and with effect disbursed great sums of silver of his own proper money to the late William [Ruthven], earl of Gowrie, lord Ruthven etc., for payment and satisfaction whereof the said late William, earl of Gowrie, by contract and appointment passed between him and Dame Dorothea Stewart, countess of Gowrie, his spouse, on that one part, and the said James Johnston of Elphinstone on the other part, the said late William, earl of Gowrie and his spouse bound and obliged them to infeft sufficiently the said James Johnston of Elphinstone, his heirs and assignees heritably in all and whole the lands of Cousland, with the pertinents, then occupied with the proper goods pertaining to the said late William, earl of Gowrie and his heirs, as the said contract of the date at Edinburgh, the [...] day of [...] 1583, registered in the books of council, at more length purports; by virtue of the which contract, the said James Johnston was heritably infeft in all and whole the said mains of Cousland, with the pertinents, and obtained our said sovereign lord's confirmation thereupon, as the same confirmation of the date at Holyroodhouse on 24 December 1583 in itself at more length purports; notwithstanding of the which contracts, infeftment and charter of confirmation following thereupon, the said James Johnston has obtained no payment of the mails, ferms and duties of the said lands and mails of Cousland for any years and terms bygone since the date of the said infeftment by reason of the forfeiture of the said late William, earl of Gowrie, the said lands being held of him and his heirs, and under precept that the said infeftment was granted since 23 August 1582, whereby the said James Johnston has been frustrated hitherto of the whole profits of the said lands, he remains continuously our faithful subject and liege without any suspicion of offence for his part, and having also the benefit of our sovereign lord's confirmation and the said alienation proceeding thereupon a title onerous, in no way suspected of fraud, therefore, our said sovereign lord, with advice and consent of the said three estates in this present parliament, has ratified, approved and confirmed and, by the tenor hereof, ratifies, for his highness and his successors, approves and confirms the aforesaid contract and infeftment, namely, charter, precept and instrument of sasine following thereupon, with our sovereign lord's confirmation granted in manner aforesaid, and for his highness and his successors wills and grants that the said James Johnston of Elphinstone, his heirs and assignees peaceably possess and enjoy the said mains and lands of Cousland, with the pertinents specified in the said infeftment, mails, ferms, profits and duties thereof, and that it shall be lawful to them to call, follow, poind and distrenzie for the mails, ferms, profits and duties of the said lands of all years and terms bygone since the date of the said infeftment and in time coming, according to the said infeftment in all points; and that notwithstanding of the process of forfeiture led against the said late William, earl of Gowrie, or whatsoever law, statute, act of parliament or other constitution made for annulling, rescinding, abrogating and revoking of the alienations made by the said late William, earl of Gowrie, to the which, and every one of them, our said sovereign lord, with express advice and consent aforesaid, wills, decrees and ordains this act to make express and special derogation, and ordains a charter to be made under the great seal in the more form, ratifying and approving the said infeftment and sasine, with the said other confirmation proceeding thereupon, containing the whole narration, clauses and derogations aforesaid; ordains this present act of parliament, subscribed by [Alexander Hay of Easter Kennet], clerk register, to be a sufficient and immediate warrant thereto at the great seal, without passing the signet or privy seal, and to be extended in the best form with all clauses needful.