[1641/8/417]¹

Ratificatione in favoures of the Lord Couper of his infeftmentes of Cassilltoune and Inglistoune

Our soverane lord and estates of parliament ratifies, approves and confirmes ane contract and appoyntment made betuixt umquhile Johne, erle of Rothes, lord Leslie and Bambreiche etc., and Johne, erle of Kinghorne, lord Lyoun and Glames etc., one the ane pairt, and his majesties trustie cousigne, James, lord Couper, and Dame Margaret Halyburtoune, his spous, one the other pairt, of the dait the ellevint [...] dayes of July, the yeere of God j^M vj^C threttie eight yeeres, anent the alienatione made be the saidis erles to the said James, lord Couper and his said spous, and the longest liver of them tua, in conjunctfie, and the aires laufullie to be procreat betuixt them, quhilkes failyieing, to the said James, lord Couper, his other aires whatsomevir laufullie to be gottine of his bodie, quhilkes also failyieing, to the said James, lord Couper, his nerrest and laufall aires maile and assigneyes whatsomevir heritablie but ony redemptioune, reversione or regres whatsomevir, off all and haill the landis of Castletoun and Inglistoun, with houss, biggingis, yairdis, toftes, croftes, outsettes, annexis, connexis, pairtes, pendicles and all ther pertinentes, togidder with the new mylne of Eissie, mylne landis and pertinentes thairof, quhilkis are all proper pairtes and pendicles of the landis and barrony of Eissie, lyand within the shereffdome of Forfarr, togidder with the astricted multoures of the landis of Nevay of sicke cornes as growes wpoun the saidis landis or that shall be inbrought, viz: a pecke for the boll of the saidis cornes according to use and wont and dooing of all other dewtie and service for menteaneing and wpholding of the said mylne according to use and wont, as for the principall; and alse of all and haill the barrony of Auchterhouse, with the castelles, toures, fortalices, maner places, mylnes, multoures, wodis, fishingis, tennentes, tennendries, service of free tennentes, pairtes, pendicles and pertinentes of the samene, with all the pendicles thairof falloweing, viz: Haltoune of Auchterhouse, the landis of Burneheed, the maynes of Auchterhouse, the landis of Bonytoun, with all thair houss, biggingis, toftes, croftes and pertinentes, quhilkis are proper pairtes and pendicles of the saidis landis and barrony of Auchterhouse, lyand within the said shereffdome of Forfare, and that in speciall clause of warrandyce of the saidis landis principallie disponit as said is, as the said contract, conteaneing many other conditiones and provisiones in favoures of the said James, lord Couper and his said spous, at lenth proportes, togidder with the chartouris, infeftmentes, seasingis that hes fallowed or may fallow thairwpoun; togidder with the contract and appoyntment made betuene James, erle of Buchane, deceased, one the ane pairt, and the saidis umquhile Johne, erle of Rothes and Johne, erle of Kinghorne one the other pairt of the dait the [...] day of [...] the yeer of God, j^M vj^C therttie [...] yeeres anent the alienatione made be the said umquhile James, erle of Buchane to the saides Erles of Rothes and Kinghorne, there aires and assigneyes, off the liveing and erldom of Buchane, lordshipe of Auchterhouse and barrony of Eissie, quhairof the saidis landis of Castletoun and Inglestoun are speciall pairtes and pertinentes; togidder with the chartour granted be his majestie wnder the great seale to the saidis Erles of Rothes and Kinghorne of the said erledome and with the precept and instrument of seasing falloweinge therwpoun, and with all contractes, chartours, infeftmentes, seasingis, procuratories and instrumentes of resignatione and all otheres writtis, rightes, tytles, evidentes and securities quhatsomevir mad to the said James, lord Couper, his authoris and predicessoures of and conserneing the saidis landis, with the pertinentes, in the haill heedis, articles, clauss, conditiones and circumstances whatsomevir, mentionat and conteanit therintill eftir the formes and tennoures therof. And sieing the said James, lord Couper and his said spous have right to the saids landis and mylne and landis foirsaid givine in warrandyce therof proceeding from the saidis umquile Johne, erle of Rothes and Johne, erle of Kinghorne, who have right thairto, and to the said haill erledome proceeding from the said umquhile James, erle of Buchane, who hade right thairto be ane double and tuofold progres first be his mariage with umquhile Marie, countes of Buchane, his spous, who was the only bairne and heretrix of the said erldome, procreat betuixt umquhile James, erle of Buchan that last deceist, and umquhile Dame [...] Ogilvie, his spous, quhilke umquhile James, erle of Buchane wes procreat betuixt umquhile Dame Christiane Stewart, countes of Buchane and umquhile Robert, erle of Buchane, hir spous, the quilke umquhile Dame Cristiane succeedit therto as the only dochter and air of umquhile Johne, maister of Buchan, hir father, who wes the eldest sone and air of umquhile Johne, erle of Buchane, his father, lykeas the said umquhile James, last erle of Buchane, had also right to the said erledome proceeding from umquhile Johne, erle of Marre, his father, who had right therto from umquhile James, last erle of Murray, who had right therto proceeding from umquhile James, erle of Murray, his father, who hade right therto from umquhile James, erle of Murray, regent, who hade righte thairto from his majesties umquhile darrest guddame of happie memorie Marie, queene of Scottes; and if be the frequent interchange of the right of the saidis landis that some of the ancient and originall writtis and evidentes of the saids landis, liveing and erldome are lost and miscaried, our said soverane lord, with consent of the estates of parliament, for reassonabll causes, findis and declaires that the right abovementionat sua made to the said James, lord Couper and his said spous and thair foirsaidis from the said umquhill Johne, erle of Rothes and the said Johne, erle of Kinghorne of the saidis landis and mylne principallie disponit, and of the landis and otheres foirsaidis givine in warrandyce therof with this present confirmatione therof, is, may and shall be ane valied and sufficient right to theme and there aires for bruikeing and joysing therof, notwithstanding of the wante and defectes of the ancient and originall writtes or other evidentes of the said erldome; quhairanent, and with all other objectiones, imperfectiones and defectes (if ony be) quhilkes may be proponit or alledged aganes the validitie and sufficiencie of the saidis rightes, infeftmentes and securities of the said erldome (quhairof the saidis landis prinicpall and warrandyce abovementionat ar proper pairt and pertinent), and of this present confirmatione thairof, our said soverane lord, with consent of the estates of parliament, have dispensit and dispenses be thir presentes.