[1641/8/358]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and estates of this present parliament have ratified and approved and, by the tenor hereof, ratify and approve the infeftment and sasine granted to Alexander Gordon of Earlston proceeding upon a retour as heir to the late John Gordon of Earlston, his father, of all [...] merk land of Earlston, the merk land of Mylnetoun, the merk land of Ardoch, the half merk land of Overbartie, the half merk land of Blawquhairn, the merk land of Knockgray, the two merk land with the half merk land of Marbroke, with the tower, fortalice and mill of Earlston, mill lands, multures and sequels thereof, and all and sundry parts, pendicles and pertinents whatsoever of the lands respectively above-written, lying in the lordship of Earlston, parish of Dalry and stewartry of Kirkcudbright; and also of all and whole the half land of Quhatparke†, and of all and sundry the lands of Airds, namely: Over, Middle and Nether Airds, with all and sundry their annexes, connexes, parts, pendicles and pertinents whatsoever, lying in the lordship of Galloway beneath Cree and stewartry foresaid; and also of all and whole the forty shilling land of old extent of Monydow and forty shilling land of old extent of Barmosatie, with houses, buildings, yards, orchards, mills, multures, woods, fishings, parts, pendicles and pertinents thereof, lying in the barony of Kirkpatrick-Durham and stewartry foresaid, which infeftment and sasine is dated 7 and 8 November the year of God 1628; together with the charter and infeftment granted by† the said Alexander Gordon, his heirs and assignees, of all and whole the merk land of Over Glenhoul and half merk land of Nether Barke†, with houses, buildings, parts, pendicles and pertinents thereof, lying within the said sheriffdom of Kirkcudbright, which is of the date the [...] day of [...] 16[...]; and with all and sundry other infeftments, charter, precepts, instruments of sasine, procuratories and instruments of resignation, confirmation and other evidents and writs, rights, titles and securities whatsoever made and granted to the said Alexander Gordon of Earlston or to the said late John Gordon of Earlston, his father, or any of their predecessors and authors of and concerning the lands and others respectively above-written, with the pertinents or any part thereof, of whatsoever dates, tenor or contents the same be of. And in like manner our said sovereign lord and estates of parliament have ratified and approved and, by this legislation, ratify and approve the charter and infeftment of alienation, vendition and disposition contained therein, with the precept of sasine inserted therein and instrument of sasine following thereupon, made, given and granted by the late James Gordon of Markaitnay to the said Alexander Gordon, his heirs and assignees whatsoever heritably, of all and whole the two merk, eleven shilling land and eight penny land of Over Markaitnay, thirty eight shillings and eight penny land of Nether Markaitnay of old extent, with the manor place, houses, buildings, outsets, parts, pendicles and all their pertinents, lying in the said parish of Kirkpatrick-Durham and stewartry of Kirkcudbright foresaid, to be held of our said sovereign lord and his highness's successors in feu ferm and heritage in manner contained therein, which charter and infeftment is dated 10 March 1632; together with the contract of alienation passed between the said James and Alexander Gordon on the one and other parts, whereupon the said charter and infeftment proceeded and of the date thereof foresaid; together also with the decreet and process of apprising led and deduced at the instance of Sir Robert Spottiswood of Dunipace, knight, designed therein of Newabbay, president of the college of justice, against the said late James Gordon and all others having interest, within the tolbooth of Edinburgh upon 4 February 1634, whereby the said land of Markaitnay and lands of Glengapoke, with houses, buildings, yards, orchards, annexes, connexes, parts, pendicles and pertinents thereof, lying in the said stewartry of Kirkcudbright and sheriffdom of Wigtown, and all tacks of teind thereof, decreets and acts of prorogation of the same, and all and sundry reversions, as well legal as conventional, bonds, contracts, obligations, promises, provisions and conditions of reversions and other evidents and writs mentioned therein, made and granted to the said late James Gordon or any of his predecessors and authors, were apprised from him and all others having interest to the said Sir Robert Spottiswood, his heirs and assignees, in payment and satisfaction to him of the sum of £960 money of this realm as principal, and £40 money foresaid as sheriff owing by him to the said Sir Robert in manner expressed therein; together likewise with the lords of council and session their act, allowance and approbation written on the back of the said apprising, dated 26 February 1634, and also with the assignation and disposition of the same decreet and process of apprising, sums of money contained therein, act, allowance and approbation written on the back thereof and whole grounds whereupon the same proceeded, with all benefit, profit and commodity that might accrue thereby, and all that had followed or might follow thereon, made and granted to the foresaid Sir Robert Spottiswood in favour of the said Sir Alexander Gordon, his heirs and assignees, dated 27 February 1634 foresaid; and with the bond and ratification of the said late James Gordon in favour of the said Sir Alexander Gordon, his heirs and assignees, relative to the foresaid contract of alienation, charter and infeftment following thereon, decreet and process of apprising above-written, assignation and disposition foresaid made to the said Alexander thereof, and by the which bond the said late James Gordon was obliged in payment and satisfaction to the said Alexander of a certain sum of money expressed therein at Martinmas [11 November] 1634 or then to make, subscribe and deliver to the said Alexander and his foresaids ample and sufficient letters of renunciation and discharge of the said reversion, bond, promise and condition of reversion contained in the contract above-written granted to him for redeeming of the said lands of Markaitnay and should make, subscribe and deliver to them new and ample dispositions of the same lands of Markaitnay, charters, procuratories of resignation, precepts of sasine and other evidents and writs needful for their heritable and irredeemable right and security of the same, as they should devise, and also to ratify and approve by his letters of approbation and ratification the foresaid process and decreet of apprising with all that had followed or might follow thereupon and assignation foresaid conceived in favour of the said Alexander of the same; likewise the said late James Gordon, for him and his foresaids, by the bond foresaid, ratified and approved the same decreet and process of apprising and assignation thereof granted to the said Alexander with all that had followed or might follow thereon, which bond and ratification contains diverse other heads and conditions conceived and set down in favour of the said Alexander Gordon and his foresaids therein, and is dated 13 April 1634 foresaid; and also with all and sundry other charters, infeftments, rights, titles and securities made and granted to the said Alexander Gordon of Earlston or to the said late James Gordon, his author, or any other of his predecessors and authors of or concerning the lands and others above-written of whatsoever date or dates, tenor or contents the same be of, in all and sundry the heads, points, articles, circumstances and conditions thereof; and will, grant and declare that this present general ratification and approbation of the same is and shall be as valid, effectual and sufficient to the said Alexander Gordon and his foresaids as if the foresaid charter, infeftments and other evidents and writs particularly and generally above-written and every one of them were at length word by word engrossed and set down herein; regarding which and all faults and imperfections thereof, or that may be proposed or alleged in the contrary, his majesty and estates foresaid have dispensed and by this ratification dispense for ever.