[1592/4/177]¹

Ratification to Francis Borthwick in Ballencrieff

²Our sovereign lord and the estates of parliament, having presently read, seen and considered the letters obligators made and granted by his majesty's late dearest great-grandfather, King James IV of worthy memory, under his highness's signet and subscription manual, to his beloved familiar servant for the time the late Robert Borthwick, founder of guns, who was father to Francis Borthwick, now portioner of Ballencrieff, of the date at Edinburgh, 18 February 1510 [1511], and of our said late sovereign lord's reign the 23rd year, bearing in effect that our sovereign lord's late dearest great-grandfather above-mentioned, having infeft heritably in feu ferm of before the said late Robert Borthwick in all and whole the half of the mains of his highness's lands of Ballencrieff, with their pertinents, which James Redheugh then occupied, lying within the sheriffdom of Edinburgh and constabulary of Haddington, for yearly payment of six chalders, 12 bolls of wheat, one chalder, 12 bolls of barley and £9 money of this realm; and our sovereign lord's late dearest great-grandfather above-mentioned, then having respect to the said late Robert Borthwick's good and thankful service done to his highness in making and reparation of his highness's artillery, therefore by his letters obligators foresaid was bound and promised faithfully to renew the said infeftment in the next parliament to the said late Robert Borthwick, and to infeft him and his heirs at the said next parliament in the lands above-written heritably to be held of his highness and his successors, kings of Scotland, for yearly payment of one penny money of this realm in name of blench ferm only, and in the meantime, until the said infeftment was made in parliament, with advice and consent of the estates of this realm in the best form that could be devised, our sovereign lord's late dearest great-grandfather foresaid remitted and bestowed by the said letters to the said late Robert Borthwick and his heirs all and sundry the feu ferms of victual and money above-specified due for the said lands, as the forenamed letters obligators of the date above-specified, produced and presented in this present parliament by the said Francis Borthwick and John Borthwick, his son, to the effect written below at more length purports, which our sovereign lord and estates above-mentioned find and declare to be true and authentic, not increased, spoiled or cancelled in any sort, and that the causes therein contained, being sufficiently tried and considered by them, are presently found and proven to be of verity and to have tended to the advancement of our said late sovereign lord's honour and to the common welfare of this realm. And herewith his majesty and estates above-mentioned, having consideration that his said late dearest great-grandfather deceased from this present life in the field of Flodden, before the renewing of the said blench infeftment to the said late Robert and his heirs, and yet notwithstanding thereof, as well the said late Robert in his lifetime as since the said Francis, his son, and the said John, his grandson, respectively, have possessed and enjoyed the said half lands of the mains of Ballencrieff, with the pertinents, by virtue of the said bond and obligation freely, without any payment of feu ferms, mails or duties for that, during the later age of our sovereign lord's late dearest great-grandfather above-nominated, the government of the late John [Stewart], duke of Albany, and all the time of our sovereign lord's late most noble grandfather, King James V, as also during the time of all the governors of this realm since, who, from time to time, by reason of the said obligation, and likewise our sovereign lord's self continually since the acceptance of the regiment in his own person, have discharged to the said Francis Borthwick and his son above-nominated the ferms and duties of the forenamed half lands and mains, and have accepted and confirmed the discharges of the same granted to the said late Robert and his successors as was plainly verified in this parliament by authentic writs produced; in respect whereof, and that men of service, who have well deserved in the common good, shall not be discouraged, seeing the reward of their service frustrated by taking away the fruit thereof from their posterity, therefore, and for sundry other good causes and considerations, our said sovereign lord, now after his perfect age of 25 years complete and all his revocations, special or general, and also the estates of parliament foresaid, have ratified, approved and, by the tenor hereof, ratify, approve and perpetually confirm the forenamed letters obligators made by our sovereign lord's late dearest great-grandfather above-mentioned to the said late Robert Borthwick of the date and content above-expressed; and find, decree and declare the same to have been from the beginning, and to be now and in all time coming a sufficient discharge and exoneration, as well to the said late Robert Borthwick as to the said Francis and John Borthwick, his son, their heirs and successors; of all and sundry the feu ferms and duties above-mentioned of the said half lands and mains, with their pertinents whatsoever that might or may be claimed thereof, as well of all years and terms bygone as to come since the date of the forenamed letters obligators; and to that effect ordain the same to be inserted and registered in this present act and books of parliament, of the which the tenor follows: James, by the grace of God, king of Scots, to our treasurer, comptroller and all and sundry chamberlains, receivers and their deputes, and to others of our officers, lieges and subjects whom it pertains whose knowledge these our letters shall come, greeting. Forasmuch as we have infeft heritably in feu ferm our beloved familiar servant Robert Borthwick, founder of guns, in all and whole the half of the mains of our lands of Ballencrieff, with their pertinents, which James Redheugh now occupies, lying within our sheriffdom of Edinburgh and constabulary of Haddington, for six chalders, 12 bolls of wheat, one chalder, 12 bolls of barley, £9 usual money of our realm, yearly to be paid to us in name of feu ferm, which infeftment we tend God willing at our next parliament to renew; and promise faithfully to the said Robert, for his good and thankful service done to us in making and reparation of our artillery, to infeft the said Robert and his heirs at the said next parliament in the lands above-written heritably to be held of us and our successors, kings of Scotland, in free blench ferm for one penny usual money of Scotland only. And in the meantime, until the said infeftment be made in our said parliament, with advice and consent of the estates of this realm in the best form that can be devised, we remit and forgive by this ratification the said Robert and his heirs the foresaid six chalders, 12 bolls of wheat, one chalder, 12 bolls of barley, £9 yearly, for the feu ferms of the said lands owing to us as said is, charging for this you, all and sundry our officers, lieges and subjects foresaid that none of you take upon hand to poind, distrenzie or in any way pursue the said Robert or his heirs for any part of payment of the foresaid victual and money of feu in any time to come; discharging you and each one of you of your offices in that part by this our letter, by the tenor of the which we charge our auditors of our exchequer to make thankful allowance to you yearly in your accounts under all highest pain and charge that after may follow, given [under]³ our signet at Edinburgh, 18 February 1510 [1511], and of our reign the 23rd year. It is thus subscribed, James Rex. Moreover, for the causes above-rehearsed and namely for fulfilling of our said sovereign lord's late great-grandfather's promise contained in the forenamed letters obligators, which his majesty as successor to him is astricted to perform, our said sovereign lord and estates of this present parliament ordain a new charter and infeftment to be made under his highness's great seal in due and ample form, giving, granting and conveying, likewise his majesty, with advice and consent of the estates above-mentioned, by the tenor hereof, gives, grants and conveys to the said John Borthwick, eldest lawful son to the said Francis, and his male heirs lawfully procreated or to be procreated between him and Janet Heriot, his spouse, which failing to the nearest and lawful male heirs of the said John whatsoever bearing the arms and surname of Borthwick heritably, all and whole the foresaid half of all and sundry the said mains of Ballencrieff, with their pertinents, now and of before occupied by the said Francis and John, his son, with the mill of the same built thereupon, multures and sequels thereof, together with the mansions, yards, dovecots and meadows of the said half of the mains above-written and all their pertinents lying as said is, to be held of our sovereign lord and his successors in fee and heritage forever by all right, marches and devices etc. for yearly payment to our said sovereign lord and his successors of one penny money of this realm at the feast of Whitsunday [May/June] in name of blench ferm, if it be asked only, saving always, reserving and conveying to the said Francis Borthwick the free tenement and liferent of the east half of the mains above-written with their pertinents, together with the principal mansion, yard and dovecot of the same, and half of the open meadow lying in the west part of the said mains, and of the forenamed mill of the same with two mill acres adjacent thereto, for all the days of the said Francis Borthwick's lifetime, to be held in manner foresaid, for yearly payment of one penny in name of blench ferm thereof; and also reserving and conveying to the said Janet Heriot, her liferent, of all and whole the west half of the said half mains of Ballencrieff, with the houses, yards and pertinents thereof, for all the days of her lifetime, to be held as said is for yearly payment of one penny in name of blench ferm only. And for the causes and to the effect above-written, our sovereign lord and estates above-mentioned have dissolved and, by the tenor hereof, dissolve all and whole the said half of the forenamed mains of Ballencrieff, with the mill, pertinents and others thereof above-specified, from the patrimony of his highness's crown and from all annexation made of the same thereto in any times bygone, to the effect the same may be alienated and conveyed to the said John Borthwick and his foresaids in manner above-written, appointed to be contained in the said new infeftment, providing always that the said Francis and John Borthwick content and pay all arrears resting owed to his highness's comptroller for the said lands of all years and terms bygone specially assigned by the said comptroller to his majesty's officers and servants.