Act in favour of [James Erskine], earl of Buchan

Our sovereign lord, with advice and consent of the estates of parliament now presently convened, ratifies and approves and, for his highness and his successors, perpetually confirms the decreet of reduction and declarator after-mentioned and contained therein, given and pronounced by the lords of council and session upon 25 July 1528, at the instance of the late Dame Mary Douglas, countess of Buchan, heir immediately by progress to the late James [Stewart], earl of Buchan, lord Auchterhouse, her great-great-grandfather's grandfather, and at the instance of his highness's right trusty cousin James, earl of Buchan, lord Auchterhouse, her spouse, who is heritably infeft in the earldom of Buchan, whole lands, lordships and baronies pertaining thereto, with the honours, dignities, titles and privileges of the same upon the resignation of the said late Dame Mary Douglas, countess of Buchan, his spouse, against Alexander [Montgomery], earl of Eglinton, lord Montgomery, James [Graham], earl of Montrose, lord Graham of Mugdock, John [Kennedy], earl of Cassilis, lord Kennedy, George [Sinclair], earl of Caithness, lord Sinclair, William [Sinclair], lord Sinclair of Berriedale, his eldest son and apparent heir, the late James [Cunningham], earl of Glencairn, lord Kilmaurs, and William [Cunningham], lord Kilmaurs, his eldest son and apparent heir, whereby the said lords of council and session, for the causes contained in the said decreet, have reduced, retreated and rescinded the pretended decreet given and pronounced by his majesty's late dearest father, King James VI of worthy and eternal memory, his commissioners for the time, regarding the placing and ranking of the nobility of this his highness's kingdom of the date 5 March 1606, by the which the said Alexander, earl of Eglinton, James, earl of Montrose, John, earl of Cassilis, George, earl of Caithness, William, lord Sinclair of Berriedale, his son, the late James, earl of Glencairn, and William, lord Kilmaurs, his son, and their predecessors have allotted to them the precedency and priority in place and dignity before the said late Dame Mary Douglas, countess of Buchan, and his highness's said right trusty cousin James, earl of Buchan, her spouse, together with all and whatsoever charters, infeftments, writs, evidents, creation of dignities and other testimonies and documents whatsoever made and granted by our said sovereign lord or his highness's predecessors kings and queens of Scotland to the foresaid persons above-named, their fathers, grandfathers, great-grandfathers, great-great-grandfathers or any other of their predecessors of the father or mother side, to whom they have succeeded or may succeed by right of blood, or conceived or introduced in their favour, whereby they or any of them claims or may claim the place, priority and precedency of rank or dignity before his highness's said right trusty cousin James, earl of Buchan and the said late Dame Mary Douglas, countess of Buchan, his spouse, of whatsoever date, tenor or contents the same be of; and has determined and declared the same to have been from the beginning, to be now and in all time coming null and of no value, force nor effect with all that has followed or may follow thereupon, in so far as the same or any of them may prejudice his highness's said right trusty cousin James, earl of Buchan and the said late Dame Mary Douglas, countess of Buchan, his spouse, in their right title and dignity of the said earldom of Buchan. And whereby the said lords have found and declared that notwithstanding thereof the said late Dame Mary Douglas, countess of Buchan, and his highness's said right trusty cousin James, earl of Buchan, her spouse, and their successors in the earldom of Buchan had, and have, good right to the place, priority and precedency in parliaments, general councils and other meetings and conventions whatsoever before the said Alexander, earl of Eglinton, James, earl of Montrose, John, earl of Cassilis, George, earl of Caithness, William, lord Sinclair of Berriedale, his son, the late James, earl of Glencairn, and William, lord Kilmaurs, his son, their heirs and successors, as the said decreet of reduction and declarator of precedency above-specified therein contained of the date foresaid at more length bears in all and sundry the heads, points, clauses, articles, circumstances and conditions contained therein, and after the form and tenor thereof in all points, likewise our said sovereign lord, with advice and consent of the said estates of this present parliament, wills and grants, and for his highness and his successors perpetually decrees and ordains that this present ratification of the said decreet of reduction and declarator of precedency is and shall be as valid, sufficient and effectual to his highness's said right trusty cousin James, earl of Buchan and his heirs and successors in the said earldom of Buchan as if the same decreet had been herein at length word for word, specially and particularly, inserted and contained; concerning which, our said sovereign lord, with advice and consent foresaid, for his highness and his successors, has dispensed and by this ratification dispenses for ever.

  1. NAS, PA2/21, f.57r-v.