Page:The Complete Peerage Ed 1 Vol 2.djvu/386

 COUPAR — COURTENAY. 385 male and of entail contained in his infeftment of the Barony of Balumby," i.e. the lands belonging to the dissolved Cistertian Abbey of Coupar, co. Angus, which had been disanuexed from the Crown the previous year and granted to him as a temporal lordship. He was, 7 June 16 IP. appointed one of the extraordinary Lords of Session, lie was lined i.3,000 for his loyalty under Cromwell's act ''of grace and pardon," 12 April 1654. He m. firstly, Margaret, da. of Sir James Halyhurton, of Pilcur. lie m. secondly, in 1667, when nearly SO, Marion, da. of James (Ooilvy), 2nd Earl ok Airlif. [8.1 by his first wife, Helen, da. of George ^Ooilvy), 1st Loud Banff [S. |. He d. s.p. Jany. 1669.( a ) His widow m. (as Iris l3t wife) John (Leslie), Lord Lindouks [S.J who d. 1706, and d. before 1695. II. 1GG9. 2. John (Elphixstone), Lord Balmerinoch and Lord Coufar [S.], nephew and h., who sue. to the dignity of Coupar under the spec. rem. in its creation, and who had previously sue. his father (eldest br. to Lord Coupar abovenamed) in 1649. in the dignity of Balmerinoch. The two titles remained united till both were forfeit ed h ) by the attainder and execution of the 6th Lord Balmerinock and 5th Lord Coupar, 18 Aug. 1746. See " Balmerinoch," Barouy [SJ, cr. 1606. COUECT. See "Ejngsale" Barony [I.], (Courey) cr. 1223. COURTENAY, or DE COURTENAY. Barony by 1. Hugh Courtenay of Okehampton, Devon, s.T Writ. ""d u - °f Hog' 1 C. of the same, sue. his Father, 28 Feb. 1291, being then aged 16. He was sum. to Pari, as a Baron, T 1299 LOKD COURTENAY, or DE COURTENAY, by writs directed " 6 Feb. (1298/9) 27 Ed. I., to 24 July (1334) and Ed. Ill, but with the addition of " Senior " in the latter writs. On 22 Feb. 1334/5 he was declared to be EARL OF DEVON. He d. 1340. LT. 1337. 2. Hugh (Courtenay) Lord Courtenay, s. and h. ap., was by writ, 23 April (1337) 2 Ed. Ill, sum. v.p. in his ). Father's Barony,( c ) with the addition of the word "Junior.'' In 1340 he sue. Iris Father as Earl of Dkvon. He d. 2 May 1377. IT. 1371, 3. Hugh: (Couktenay) Lord Courtenay, grandson to and h. ap., was by writ S Jan. (1870/1) 44 Ed. Ill, sum. to 1 374. Pari, as " Hugh dc Courtenay le Fitz."( c ) He was s. and h. of Sir Hugh Courtenay, K G. (1344) who was s. and h. ap. of Hugh, Lord Courtenay, Earl of Devon, next above-named, but who d., v.p., " in or before 1 349."(' 1 ) He d. s.p. also in the lifetime of the Earl, his grandfather, 20 Feb. 1373/4. (») He had, when weak both in body and mind (see " Riddell," p. 86) been inveigled into resigning his honours and estates in favour of his young wife and any one whom she might marry ; obtaining a crown charter under the caschet thereon. This, how- ever, on an action of reduction by Lord Balmerinoch, the heir-at-law, w T as set aside, 2S June 1671, by the Court of Sessiou, under the law of death-bed. The report is very full and clearly shews (what has sometimes been ignored) that the dignity as well as the estates were in question. ( b ) The title of Balmerinoch, the issue male of the 1st Lord having failed, became, apparently, extinct ; some doubt, however, may remain as to that of Coupar, according to the construction put on the word " and " in the rem. to " heirs male and of entail." See the somewhat similar case of "Polwarth," where the word "and" (et) was construed as equivalent to "whom failing." If, in this case, this was held to be so, then, on the reversal of the attainder, the collateral heir male of the 1st Lord Balmerinoch would appear to be entitled to the dignity of Lord Coupar. See " Hewlett." ( c ) " According to modern decisions [these] the two last Barons must be considered as merely sum. in their Father's [or Grandfather's] Barony." See Nicolas. (i) See Beltz's "Knights of the Garter," p. 53, &c 2 B 5 - Z M S3