[1585/12/50]¹

Ratification granted to James Richardson of Smeaton

²Our sovereign lord, with advice of his three estates of parliament, understanding that James Richardson of Smeaton really and with effect disbursed and paid to the late William [Ruthven], earl of Gowrie, lord Ruthven and Dirleton, the sum of £4,000 of his own proper money and bestowed by the said late earl upon his own affairs, tending to his utility and profit; for security of the which sum of £4,000, the said late William, earl of Gowrie, bound and obliged him to infeft the said James in liferent and Robert Richardson, his son lawful, his heirs and assignees, in fee and heritage in all and whole an annualrent of £400 usual money of this realm yearly, to be uplifted at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, of all and whole the town and lands of Cousland, with the parts, pendicles and pertinents thereof, lying within the sheriffdom of Edinburgh, to be held of him and his heirs as in the contract made between them thereupon at Edinburgh on 24 May 1580, registered in the books of council, at more [length]³ is contained, by virtue of the which the said persons were infeft in fee and liferent of the said annualrent of any years and terms immediately thereafter, and obtained our said sovereign lord's confirmation thereupon, as the same of the date at Holyroodhouse on 13 March 1582 [1583] at more length bears; and nevertheless, the said James has obtained no payment of the said annualrent of any years and terms since the date of the said infeftment by reason of the forfeiture led against the said late Earl of Gowrie, the said annualrent being held of him and his heirs only, and under precept that our said sovereign lord's confirmation was granted between 22 August 1582 and [...] June 1583, whereby he has hitherto been frustrated of the said annualrent and of the said great sum of money disbursed therefore; and our sovereign lord, considering likewise the said late earl was bound so of good right and conscience, his heirs and successors are obliged for warranty and security of the said annualrent, right and infeftment thereof, namely, since the same sum was disbursed, the contract and infeftment aforesaid made and perfected before any suspicion or crime whereupon the said late Earl of Gowrie was attended, the said James ever remained our faithful liege and subject without any suspicion or crime (whereupon the said late earl attended as said is), and having also the benefit of our said sovereign lord's confirmation and the alienation aforesaid proceeding upon a title onerous in no way suspected of any fraud. And therefore his highness, with advice, express consent and assent of the said three estates of parliament, upon certain knowledge, has ratified and approved and, for his highness and successors, by the tenor of this act, ratifies and approves the said contract, infeftment and sasine following thereupon, with the said charter of confirmation granted of before in manner aforesaid, and wills and grants for his highness and his successors that the said James, for all the days of his lifetime, and after his decease, the said Robert, his heirs and assignees specified in the said infeftment, shall freely possess and enjoy the said annualrent of £400 yearly to be uplifted out of the lands aforesaid, and that it shall be lawful to them to call, follow, poind and distrenzie for that for all years bygone since the date of the said infeftment and in time coming, until the lawful redemption thereof by payment of the said sum of £4,000, after the form and tenor of the reversion made thereupon, and that notwithstanding the process of forfeiture led against the said late William, earl of Gowrie or whatsoever law, statute, act of parliament or other constitution made for annulling, rescinding, abrogating and revoking of the alienations made by the said late William, earl of Gowrie and our said sovereign lord's confirmation granted thereupon, to the which, and every one of them, our said sovereign lord, with advice and consent aforesaid, wills, decrees and ordains this act to make express and special derogation and ordains a charter to be made under the great seal in the more form, ratifying and approving the said infeftment and sasine, with the said other confirmation proceeding thereupon, containing the whole narrations, clauses and derogations aforesaid, ordaining this present act of parliament, subscribed by [Alexander Hay of Easter Kennet], clerk register, to be sufficient and immediate warrant thereto at the great seal, without passing the signet and privy seal, and to be extended in the best form with all clauses needful.