[1585/12/51]¹

Ratificatioun of the Laird of Elphingstoun

²Oure soverane lord, with advise of the thrie estaitis in this present parliament, understanding that James Johnnestoun of Elphingstoun reallie and with effect debursit grit sowmes of silver of his awin propir money to umquhill William, erll of Gowrie, lord Ruthwen etc., for payment and satisfactioun quhairof the said umquhill William, erll of Gowry, be contract and appointment past betuix him and Dame Dorithie Stewart, countes of Gowry, his spous, on that ane pairt, and the said James Johnnestoun of Elphingstoun on the uther pairt, the saidis umquhill William, erll of Gowrie, and his spous band and oblist thame to infeft sufficientlie the said James Johnnestoun of Elphingstoun, his airis and assignais heretable in all and haill the landis of Cousland, with the pertinentis, than occupiit with the propir guidis pertening to the said umquhill William, erll of Gowry, and his airis, as the said contract of the dait at Edinburgh, the [...] day of [...] the yeir of God j^M v^C fourscoir thrie yeiris, registrat in the buikis of counsell, at mair length proportis; be vertew of the quhilk contract, the said James Johnnestoun was heretable infeft in all and haill the saidis manis of Coussland, with the pertinentis, and obtenit oure said soverane lordis confirmatioun thairupoun, as the samyn confirmatioun of the dait at Halyruidhous, the xxiiij day of December, the yeir of God j^M v^C fourscoir thrie yeiris, in it self at mair length proportis; notwithstanding of the quhilkis contractis, infeftment and chairtour of confirmatioun fallowing thairupoun, the said James Johnnestoun hes obtenit na payment of the mailles, fermes and dewateis of the saidis landis and mailles of Cousland for ony yeiris and termes bygane sen the dait of the said infeftment be ressoun of the forfaltour of the said umquhill William, erll of Gowry, the saidis landis being haldin of him and his airis, and under precept that the said infeftment was grantit sen the xxiij day of August, the yeir of God j^M v^C fourscoir twa yeiris, quhairby the said James Johnnestoun hes bein frustrat hidderto of the haill proffeittis of the saidis landis, he remanis continewallie our faithfull subject and leige but ony suspicioun of offence for his pairt, and haifing also the benefite of oure soverane lordis confirmatioun and the said alienatioun proceiding thairupoun ane titill onerous, nawayis suspect of fraud, thairfoir our said soverane lord, with advise and consent of the saidis thrie estaitis in this present parliament, hes ratefeit, approvin and confirmit and, be the tennour heirof, ratefeis, for his hienes and his successouris, apprevis and confermis the forsaid contract and infeftment, viz., chartour, precept and instrument of seasing fallowing thairupoun with oure soverane lordis confirmatioun grantit in maner forsaid, and for his hienes and his successouris willis and grantis that the said James Johnnestoun of Elphingstoun, his airis and assignais peceable bruik and joise the saidis manis and landis of Cousland, with the pertinentis specifiit in the said infeftment, mailles, fermes, proffeittis and dewateis thairof, and that it sall be lesum to thame to call, fallow, poynt and distrinyie for the mailles, fermes, proffeittis and dewateis of the saidis landis of all yeiris and termes bygane sen the dait of the said infeftment and in tyme cuming, conforme to the said infeftment in all pointis; and that notwithstanding of the proces of forfaltour led aganis the said umquhill William, erll of Gowrie, or quhatsumevir law, statute, act of parliament or uther constitutioun maid for annulling, rescinding, cassing and revoiking of the alienatiounis maid be the said umquhill Williame, erll of Gowrie, to the quhilkis, and eviry ane of thame, our said soverane lord, with expres advise and consent forsaid, willis, decernis and ordinis thir presentis to mak expres and speciall derogatioun, and ordanis ane chartour to be maid under the greit seall in the mair forme, ratefeand and apprevand the said infeftment and seasing, with the said uther confirmatioun proceiding thairupoun, conteinand the haill narratioun, clausis and dirogatiounis forsaidis; ordanis this present act of parliament, subscrivit be the clerk of register, be ane sufficient and immediat warrand thairto at the greit seill, but passing the signet or privie seill, and to be extendit in the best forme with all clausis neidfull.