[1585/12/50]¹

Ratificatioun grantit to James Richartsoune of Smitone

²Oure soverane lord, with advise of his thrie estaitis of parliament, understanding that James Richertsoun of Smetoun realie and with effect debursit and payit to umquhill William, erll of Gowrie, lord Ruthwen and Dirltoun, the sowme of four thowsand pund of his awin propir money and bestawit be the said umquhill erll upoun his awin effaires, tending to his utilitie and proffeit; for securitie of the quhilk sowme of four thowsand pundis, the said umquhill William, erll of Gowrie, band and obleist him to infeft the said James in lyfrent and Robert Richartsoun, his sone lauchfull, his airis and assignais, in fee and heretaige in all and haill ane annuelrent of four hundreth pundis usuall money of this realme yeirlie, to be upliftit at twa termes in the yeir, Witsounday and Martimes in winter, be equall portionis, off all and haill the toun and landis of Cousland with the partis, pendiclis and pertinentis thairof, lyand within the sherefdome of Edinburgh, to be haldin of him and his airis as in the contract maid betuix thame thairupoun at Edinburgh, the xxiiij day of Maii the yeir of God j^M v^C fourscoir yeiris, registrat in the buikis of counsell, at mair³ is contenit, be vertew of the quhilk the saidis personis wer infeft in fee and lyfrent of the said annuelrent of ony yeiris and termes immediatlie thaireftir and obtenit oure said soverane lordis confirmatioun thairupoun, as the samyn of the dait at Halyruidhous, the xiij day of Marche, the yeir of God j^M v^C fourscoir twa yeiris, at mair lenth beiris; and nevirtheles, the said James has obtenit na payment of the said annuelrent of ony yeiris and termes sen the dait of the said infeftment be ressoun of the forfaltour led aganis the said umquhill Erll of Gowrie, the said annuell rent being haldin of him and his airis allanerlie, and under precept that our said soverane lordis confirmatioun was grantit betuix the xxij day of August, the yeir of God j^M v^C fourscoir twa yeiris and the [...] day of Junii nixt thaireftir, quhairby he has hitherto bene frustrat of the said annuelrent and of the said greit sowme of money debursit thairfoir; and oure soverane lord, considdering lyk as the said umquhill erll was oblishit swa of guid rycht and conscience, his airis and successouris ar obleist for warrandice and securitie of the said annuelrent, rycht and infeftment thairof, namely, sen the samine sowme was debursit, the contract and infeftment foirsaid maid and perfytit befoir ony suspicioun or cryme quhairupoun the said umquhill Erll of Gowrie was attented, the said James evir remanand oure faithfull leig and subject but ony suspicioun or cryme (quhairupoun the said umquhill erll attented as said is), and haifing also the benefite of oure said soverane lordis confirmatioun and the alienatioun foirsaid proceiding upoun ane titill onerous nawayis suspect of ony fraude. And thairfoir his hienes, with advise, express consent and assent of the saidis thrie estaitis of parliament, upoun certane knawlege, hes ratefeit and apprevit and, for his hienes and successouris, be the tennour of thir presentis, ratefeis and apprevis the said contract, infeftment and seasing fallowing thairupoun, with the said chartour of confirmatioun grantit of befoir in maner forsaid, and will and grantis for his hienes and his successouris that the said James, for all the dayis of his lyftyme, and eftir his deceise, the said Robert, his airis and assignais specifiit in the said infeftment, sall frelie bruik and join the said annuelrent of four hundreth pundis yeirlie to be upliftit furth of the landis forsaidis, and that it sall be lefull to thame to call, fallow, poynd and distrinye thairfoir for all yeiris bypast sen the dait of the said infeftment and in tyme cuming, ay and quhill the lauchtfull redemptioun thairof be payment of the said sowme of four thowsand pundis, eftir the forme and tennour of the reversioun maid thairupoun, and that notwithstanding the proces of forfaltour led aganis the said umquhill William, erll of Gowry or quhatsumevir law, statute, act of parliament or uther constitutioun maid for annulling, rescinding, cassing and revoking of the alienatiounis maid be the said umquhill William, erll of Gowry and oure said soverane lordis confirmatioun grantit thairupoun, to the quhilkis, and eviry ane of thame, oure said soverane lord, with advise and consent forsaid, will, decernis and ordanis thir presentis to mak expres and speciall dirogatioun and ordanis ane chartour to be maid under the greit seill in the mair forme, ratefeand and apprevand the said infeftment and seasing, with the said uther confirmatioun proceiding thairupoun, conteinand the haill narrationis, clausis and dirogatiounis forsaidis, ordaning this present act of parliament, subscrivit be the clerk of register, to be sufficient and immediat warrand thairto at the greit seall, but passing the signet and privie seill, and to be extendit in the best forme with all clausis neidfull.