[1633/6/191]¹

Act in favour of [Alexander Elphinstone], master of Elphinstone

Our sovereign lord and estates of this present parliament ordain a ratification to be made therein ratifying, approving and, for his highness and his successors, perpetually confirming the charter made, given and granted by his highness's late dearest father James, by the grace of God, king of Great Britain, France and Ireland, defender of the faith etc., to his highness's beloved Alexander, master of Elphinstone, for the whole, and Dame Elizabeth Drummond, his spouse, the longest liver of the two in conjunct fee, for a part, and the male heirs lawfully procreated or to be procreated between them, which failing, the said Alexander, master of Elphinstone, his male heirs, bearing the surname and arms of Elphinstone in fee heritably, of all and whole the lands, lordship and barony of Elphinstone, with the castle, tower, fortalice, manor place, houses, buildings, yards, orchards, dovecots, mills, mill lands, multures, sequels, knaveships, coals, coal pits, woods, forests, parks, hainings, meadows, fishings as well of salmon as other fishes, with all yairs, cruives as all other engines of fishing in all the parts of the Water of Forth, parts, pendicles, annexes, connexes, dependencies, tenants, tenancies, service of free tenants thereof and all their pertinents, with full power, privilege and liberty to build and have a ferry boat and coble at Elphinstone for transporting of his highness's lieges and all other strangers on both the sides of the said water in all time coming; the fourth part of the lands of Airthbeg, with the dovecots, coals, coal pits, and pertinents; all and whole the lands of Bannockburn, mills, multures, dovecots, coals, coal pits and pertinents thereof, together with an oxengate of land in the hill of Airth, called the Rosehill, with the dovecots, coals, coal pits and pertinents; all and sundry the lands of Carnock, quarries and plain, with the dovecots, coals, coal pits and pertinents thereof; the lands of Craigforth, with the mills, mill lands, multures, woods, parks, thickets and fishings of salmon, as well as other fishings, in all parts of the said Water of Forth, with the cruives and yairs, dovecots, coals, coal pits and all others pertinents, with the towers, fortalices, manor places, yards, orchards, houses, buildings, meadows, parks, thickets, mills, multures, woods, dovecots, fishings, cruives, coals, coal pits, parts, pendicles, annexes, connexes, dependencies, tenants, tenancies, service of free tenants of all and sundry the said lands and others particularly above-written, with all their pertinents, all lying within the sheriffdom of Stirling; and all and whole the half of all and sundry the lands and barony of Calder, with the tower, fortalice, manor place, tenants, tenancies, service of free tenants thereof and all their pertinents, in special warrandice and security of all and whole the said hills of Airth, with the fishings thereof, and of certain other lands mentioned in the said charter, lying within the sheriffdom of Perth, and of diverse and sundry other lands, lordships, baronies, mills, woods, fishings and others mentioned in the said charter; reserving always to Alexander, lord Elphinstone his freehold or liferent of all and sundry the said lands, lordship, barony and others contained in the said charter, except these lands and others therein mentioned wherein the said Dame Elizabeth Drummond is provided and infeft in conjunct fee in manner therein mentioned, and the union and incorporation of all and sundry the said towns, lands, mills, woods, fishings and others above-written therein contained in all and whole a free lordship and barony, called the barony of Elphinstone, to be held of our sovereign lord and his highness's successors in fee heritage, free lordship and barony for service of ward and relief, which, with the marriage, when it shall happen, are taxed and liquidated to the particular sums of money to be paid thereof in manner specified in the said charter, as the same under his majesty's great seal, of the date 5 July 1608, at more length bears, with the precept of sasine following thereupon under the testimony of the great seal of the same date and instrument of sasine following thereupon of the date 15 December 1608, in all and sundry the heads, points, passes, clauses, articles, circumstances and conditions therein contained, and after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament will and grant and, for his highness and his successors, decree and ordain that this present ratification of the said infeftment, charter, precept and sasine is and shall be of as great force, strength and effect to the said Alexander, master of Elphinstone, his male heirs and assignees foresaid, for possessing of all and whole the said lands, lordship and barony of Elphinstone, comprehending the particular towns, lands, mills, fishings, coals, coal pits and others above-written, with the pertinents, united and annexed in the said lordship and barony of Elphinstone, as if the said charter, precept and instrument of sasine were all at length word for word inserted, engrossed and contained in the said ratification; concerning which, and with all other defects and imperfections which may be proposed or alleged against the said infeftment, charter, precept and sasine and this present ratification thereof and validities of the same, our said sovereign lord and estates of parliament have dispensed and, for his highness and his successors, by this ratification, dispense for ever, and that the said ratification be further extended in the best form with all clauses necessary.