[1612/10/64]¹

Ratification to [Sir John Boswell], laird of Balmuto of his infeftment of the lands of Balmuto and patronage of the kirk of Auchtertool

Our sovereign lord and estates of this present parliament ratify, approve and confirm the heritable infeftment granted to Sir John Boswell of Balmuto, knight, of his lands of Balmuto, with the patronage of the kirk of Auchtertool, resigned by Henry [Stewart], commendator of Inchcolm, in his favour and now united and annexed in the said infeftment to the said lands of Balmuto, whereof the tenor follows:

James, by the grace of God, king of Great Britain, France and Ireland and defender of the faith, gives greetings to all good men throughout his land, both clergy and laity. Let it be known that we have given, granted, conveyed, and by the wording of this present charter of ours do give, grant, convey and by this present charter of ours do confirm in favour of our beloved Lord John Boswell of Balmuto, knight, and any of his heirs and assignees in heritage, whole and, all and singly, the lands of Balmuto, with tower, fortalice, manor and place, houses, gardens, orchards, dovecotes, coals, coalworkings, mills, mill lands, multures, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders and all their pertinents, lying within the barony of Glassmount by annexation and our sheriffdom of Fife. These lands and other things already mentioned, with their pertinents, formerly belonged in heritage to the foresaid Lord John Boswell of Balmuto, knight; he personally, of his own accord, surrendered them at Edinburgh, into our hands and those of our commissioners as arbiters for the receipt of ordinances, as if into the hands of his lord superior, through his procurators lawfully constituted for this purpose and his letters patent, and he surrendered them purely and simply, by baston and staff, and completely renounced all right and claim, property and possession which he had, has or in any way could have, in perpetuity, in return for this new charter and hereditary infeftment in favour of the foresaid Lord John and his heirs and assignees to be given and completed by us under the great seal in the due form. Further, in return for the good, loyal and gracious service offered and given to us by the foresaid Lord John, and in various other respects, and for various good considerations which influence us, we have afresh given, granted and conveyed, and by means of this present charter of ours confirmed, and by the wording of the same do give, grant, convey and in perpetuity confirm in favour of the foresaid Lord John Boswell of Balmuto, knight, and his heirs and assignees in heritage, whole and complete, the foresaid lands of Balmuto, with tower, fortalice, manor and place, houses, buildings, gardens, orchards, dovecotes, coals, coalworkings, mills, mill lands, multures, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders and all their pertinents, together with all right, title, interest, claim at law (of claimant or possessor) which we or our predecessors or successors had, have or could in any way have or claim to have in respect of them or to any part of them, or to their taxes, ferms, profits or dues in any years or at any terms in the past or in the future, by reason of ward, relief, non-entry, escheat, forfeiture, recognition, purpresture, disclaimer of bastardy, infeftments, sasines or retours, reduction, alienation of the greater or lesser part, or for any other cause, action or occasion preceding the date of our present charter. We renounce, and exonerate them, with all action and instance, on behalf of ourselves and our successors, in favour of the foresaid Lord John and his foresaid heirs and assignees, for now and in perpetuity, with agreement not to claim, and with supplement of all defects whether named or not, which we wish to have in this present charter of ours as if expressed. Besides, considering that the rectory and vicarage of the parish church, and the parish, of Auchtertool, lying within our sheriffdom of Fife, which from of old related and belonged to the abbey of Inchcolm as a part of its patrimony and spiritual property, but are now vacant and in our hands, as a result of the surrender and resignation of the same made by Henry [Stewart], recently commendator of the said abbey, as the said surrender states; and bearing in mind how necessary it is that the rectories and vicarages of the said parish church and parish of Auchtertool should be granted to and conferred upon persons who are qualified, suitable and discreet, who are fitted by their learning, honesty and suitable morals to carry this kind of charge in performing the function of ministry and the preaching of the Gospel for the comfort of the inhabitants and parishioners of the said church and parish, in which a great sloth and neglect has existed for many years past, and accordingly for the most part the said church has been deprived of the spiritual comfort of a pastor. These inconveniences can grow through the said neglect unless a better remedy can be provided. Hence, in fear of the Lord and wishing to unburden our conscience in fear of the Lord, and wishing to burden the foresaid Lord John Boswell of Balmuto, knight, and his heirs and successors in the foresaid lands of Balmuto and his foresaid heirs (with the provision of the said church in future), and through good and well tested experience of the prudence, discretion and judgment of the said Lord John in the prudent running of his own business, and of the ardent zeal which he exercises in the spreading of the Gospel, we are of a mind and settled will that the patronage of the said church of Auchtertool will remain with the foresaid Lord John and his foresaid heirs and successors. For various other reasonable causes and for good considerations which influence us, out of certain knowledge and with a proper motive, we have unified, annexed and incorporated, and by the wording of our present charter do unify, annex and incorporate the advocation, donation and right of patronage of the said church of Auchtertool and the rectory and vicarage of the same in and to the foresaid lands of Balmuto, to remain with it inseparably for all time to come. We have made and established, and by the wording of our present charter, on behalf of ourselves and our successors, we do make and establish the foresaid Lord John Boswell of Balmuto, knight, and his heirs and successors in the said lands of Balmuto the indubitable and irrevocable hereditary patrons of the said church of Auchtertool and the rectory and vicarage of the same, with authority to them to present, to the ordinaries, appropriate, suitable and qualified persons, whenever it should happen that it falls vacant as a result of death, surrender, deprivation or incapacity of the possessors present or future or in any other way, and to enjoy, use and exercise, all and singly, everything which relates to the said advocation, donation and right of patronage, as freely as any other patron could or can in similar circumstances within our realm. Whole and complete, the foresaid lands of Balmuto, with tower, fortalice, manor and place, houses, buildings, gardens, orchards, dovecotes, coals, coalworkings, mills, mill lands, multures, tofts, crofts, outsets, parts, pendicles, annex and connex, dependencies, tenants, tenancies, services of freeholders and all their pertinents, along with the said advocation, donation and right of patronage of the said church and parish of Auchtertool and the rectory and vicarage of the same, are to be held and had by the foresaid Lord John Boswell of Balmuto, knight, and his foresaid heirs and successors from us and our successors in fee and heritage in perpetuity, by all their correct ancient measures and divisions, as they lie in longitude and latitude, in houses, buildings, woods, plains and muirs, marshes, roads and paths, waters, pools and streams, meadows, pastures and grazings, mills, multures and their consequents, fowling, hunting and fishtraps, peat mosses, turfbeds, coals, coalworkings, rabbits, warrens, pigeons and dovecotes, workshops, breweries, brewhouses, whins, woods, groves and thickets, wood, timber, stoneworkings, stone and lime, with courts and their outcomes, inheritance payments, bloodwit and marriage of women, with common pasture and free entry and exit, and with, all and singly, freedoms, advantages, profits and easements and any just pertinents whether named or not, under or above ground, far and near, relating or justly capable of relating in any way in future to the foresaid lands with their pertinents, freely, quietly, fully, completely, honourably, well and in peace, without any revocation, contradiction, impediment or obstacle. In return, each year the said Lord John and his foresaid heirs and successors shall render to us and to our successors one silver penny on the day of the feast of Pentecost for the earth and stone of the said lands by way of blench ferm, if asked for, only. In testimony of this, we have instructed that our great seal be applied to this present charter of ours. Witnesses were our kinsmen and councillors James [Hamilton], marquis of Hamilton, earl of Arran, lord Aven, etc., George [Keith], earl Marischal, lord Keith, etc., marischal of our realm, Alexander [Seton], earl of Dunfermline, lord Fyvie, etc., our chancellor, our beloved familiars and councillors lords Alexander Hay [of Whitburgh], our secretary, Richard Cockburn, younger, of Clerkington, keeper of our privy seal, Thomas Hamilton of Byres, clerk of our rolls of register and council, John Cockburn of Ormiston, our justice clerk, and Master John Scott of Caiplie, director of our chancellery, at Whitehall on 1 July in the year of the Lord 1612, and in the forty-fifth and eighth of our reigns, in all and sundry heads, clauses, articles, points and conditions thereof whatsoever, and declare the said infeftment to be good, valid, effectual and sufficient to the said Sir John Boswell of Balmuto, knight, in all time hereafter.