[1641/8/417]¹

Ratification in favour of [James Elphinstone], lord Coupar of his infeftments of Castleton and Ingliston

Our sovereign lord and estates of parliament ratify, approve and confirm a contract and appointment made between the late John [Leslie], earl of Rothes, lord Leslie and Bambreich etc., and John [Lyon], earl of Kinghorn, lord Lyon and Glamis etc., on the one part, and his majesty's trusty cousin, James, lord Coupar, and Dame Margaret Haliburton, his spouse, on the other part, of the date 11 [...] days of July 1638, regarding the alienation made by the said earls to the said James, lord Coupar and his said spouse, and the longest liver of the two, in conjunct fee, and the heirs lawfully to be procreated between them, which failing, to the said James, lord Coupar's other heirs whatsoever lawfully to be procreated of his body, which also failing, to the said James, lord Coupar's nearest and lawful male heirs and assignees whatsoever heritably without any redemption, reversion or regress whatsoever, of all and whole the lands of Castleton and Ingliston, with houses, buildings, yards, tofts, crofts, outsets, annexes, connexes, parts, pendicles and all their pertinents, together with the new mill of Eassie, mill lands and pertinents thereof, which are all proper parts and pendicles of the lands and barony of Eassie, lying within the sheriffdom of Forfar, together with the astricted multures of the lands of Nevay of such corns as grow upon the said lands or that shall be brought in, namely: a peck for the boll of the said corns according to use and wont and doing of all other duty and service for maintaining and upholding of the said mill according to use and wont, as for the principal; and also of all and whole the barony of Auchterhouse, with the castles, towers, fortalices, manor places, mills, multures, woods, fishings, tenants, tenancies, service of free tenants, parts, pendicles and pertinents of the same, with all the pendicles thereof following, namely: Halton of Auchterhouse, the lands of Burnhead, the mains of Auchterhouse, the lands of Bonnyton, with all their houses, buildings, tofts, crofts and pertinents, which are proper parts and pendicles of the said lands and barony of Auchterhouse, lying within the said sheriffdom of Forfar, and that in special clause of warrandice of the said lands principally conveyed as said is, as the said contract, containing many other conditions and provisions in favour of the said James, lord Coupar and his said spouse, at length purports, together with the charters, infeftments, sasines that have followed or may follow thereupon; together with the contract and appointment made between James [Erskine], earl of Buchan, deceased, on the one part, and the said late John, earl of Rothes and John, earl of Kinghorn on the other part of the date the [...] day of [...] 163[...] regarding the alienation made by the said late James, earl of Buchan to the said Earls of Rothes and Kinghorn, their heirs and assignees, of the living and earldom of Buchan, lordship of Auchterhouse and barony of Eassie, whereof the said lands of Castleton and Ingliston are special parts and pertinents; together with the charter granted by his majesty under the great seal to the said Earls of Rothes and Kinghorn of the said earldom and with the precept and instrument of sasine following thereupon, and with all contracts, charters, infeftments, sasines, procuratories and instruments of resignation and all other writs, rights, titles, evidents and securities whatsoever made to the said James, lord Coupar, his authors and predecessors of and concerning the said lands, with the pertinents, in the whole heads, articles, clauses, conditions and circumstances whatsoever, mentioned and contained therein after the forms and tenors thereof. And seeing the said James, lord Coupar and his said spouse have right to the said lands and mill and lands foresaid given in warrandice thereof proceeding from the said late John, earl of Rothes and John, earl of Kinghorn, who have right thereto, and to the said whole earldom proceeding from the said late James, earl of Buchan, who had right thereto by a double and twofold progress first by his marriage with the late Mary [Douglas], countess of Buchan, his spouse, who was the only bairn and heiress of the said earldom, procreated between the late James [Douglas], earl of Buchan that last deceased, and the late Dame [Margaret] Ogilvie, his spouse, which the late James, earl of Buchan was procreated between the late Dame Christian Stewart, countess of Buchan and the late Robert [Douglas], earl of Buchan, her spouse, the which the late Dame Christian succeeded thereto as the only daughter and heir of the late John [Stewart], master of Buchan, her father, who was the eldest son and heir of the late John [Stewart], earl of Buchan, his father, likewise the said late James, last earl of Buchan, had also right to the said earldom proceeding from the late John [Erskine], earl of Mar, his father, who had right thereto from the late James [Stewart], last earl of Moray, who had right thereto proceeding from the late James [Stewart], earl of Moray, his father, who had right thereto from the late James [Stewart], earl of Moray, regent, who had right thereto from his majesty's late dearest grandmother of happy memory Mary, queen of Scots; and if by the frequent interchange of the right of the said lands that some of the ancient and original writs and evidents of the said lands, living and earldom are lost and miscarried, our said sovereign lord, with consent of the estates of parliament, for reasonable causes, finds and declares that the right above-mentioned so made to the said James, lord Coupar and his said spouse and their foresaids from the said late John, earl of Rothes and the said John, earl of Kinghorn of the said lands and mill principally conveyed, and of the lands and others foresaid given in warrandice thereof with this present confirmation thereof, is, may and shall be a valid and sufficient right to them and their heirs for possessing and enjoying thereof, notwithstanding of the want and defects of the ancient and original writs or other evidents of the said earldom; concerning which, and with all other objections, imperfections and defects (if any be) which may be proposed or alleged against the validity and sufficiency of the said rights, infeftments and securities of the said earldom (whereof the said lands principal and warrandice above-mentioned are proper part and pertinent), and of this present confirmation thereof, our said sovereign lord, with consent of the estates of parliament, has dispensed and dispenses by this ratification.