[1585/12/52]¹

Ratification granted to [James Carmichael], laird of Carmichael

²Our sovereign lord, with advice of the three estates of parliament, understanding that John Carmichael, younger, of that Ilk, in name and behalf of James Carmichael, his son, really and with effect disbursed and paid to the late William [Ruthven], earl of Gowrie, lord Ruthven and Dirleton, the sum of 7,000 merks money and bestowed by the said late earl upon his own affairs tending to his utility and profit, for security of the which sum the said James Carmichael was infeft heritably in all and whole the lands of Highfield and Arnot's Flat, with the pertinents, lying within the lordship of Dirleton, under reversion, containing the sum of 4,000 merks, and likewise in all and whole an annualrent of 300 merks to be taken up yearly at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions, out of all and whole the mains of Dirleton, with the pertinents, likewise under reversion, containing the sum of 3,000 merks, as the same infeftments and our sovereign lord's confirmation following thereupon of the date the [...] day of [...] 1580 at more length bears; nevertheless, the said James has obtained no payment of the said annualrent of any years and terms since the date of his said infeftment by reason of forfeiture, as well led against the said late Earl of Gowrie as against the said John Carmichael, and under pretext that our said sovereign lord's confirmation was granted between 22 August 1582 and [...] day of [...] next thereafter, whereby he is hitherto frustrated of the said annualrent and of the great sum of money disbursed; therefore the said James Carmichael, being within the age of 16 years, ever remained our sovereign lord's faithful liege and subject without any suspicion of offence, and having also the benefit of our sovereign lord's confirmation and the alienation aforesaid proceeding upon a title onerous and in no way suspected of any fraud; and therefore his highness, with express consent and assent of the three estates of parliament, upon certain knowledge, has ratified and approved and, for his highness and his successors, by the tenor of this act, ratifies and approves the said 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, his heirs and assignees specified in the said infeftment shall freely possess and enjoy the said lands of Highfield and Arnot's Flat, with the pertinents, set, use and convey thereupon at his pleasure in time coming, until the lawful redemption thereof, according to the reversion granted thereupon; and likewise, it shall be lawful to the said James and his heirs to call, follow, poind and distrenzie for the said annualrent of 300 merks of all years and terms bygone since the date of the said infeftment and in time coming, until the lawful redemption thereof by payment of the said sum of 3,000 merks, after the form and tenor of the reversion likewise granted thereupon, and that notwithstanding the process of forfeiture led against the said late earl and the said John Carmichael or whatsoever law, statute, act of parliament and other constitution made or to be made for annulling, rescinding and revoking of the alienations made by the said late Earl of Gowrie, for himself or in name of [...], his son, 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 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.