The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[1592/4/177]1
Ratificatioun to Frances Borthuik in Ballincreif
2Oure soverane lord and the estaitis of parliament, having presentlie red, sene and considderit the lettres obligatouris maid and grantit be his majesties umquhile darrest grandschir, King James the Ferd of worthie memorie, under his hienes signet and subscriptioun manuall, to his lovit familiare servitour for the tyme umquhile Robert Borthuik, fundar of gunnis, quha wes father to Frances Borthuik, now portioner of Ballincreif, of the dait at Edinburgh, the auchtene day of Februar, the yeir of God jM vC and ten yeris, and of oure said umquhile oure soverane lordis regne the tuentie thrie yeir, bering in effect that our soverane lordis umquhile darrest grandschir abone mentionat, having infeft heretablie in fewferme of befoir the said umquhile Robert Borthuik in all and haill the halff of the manis of his hienes landis of Ballincreif, with thair pertinentis, quhilk James Reidheuch then occupiet, liand within the sherefdome of Edinburgh and constabularie of Hadingtoun, for yeirlie payment of sex chalderis, tuelf bollis quheit, ane chalder, tuelf bollis beir and nyne pundis monie of this realme; and our soverane lordis umquhile darrest grandschir abone mentionat, than having respect to the said umquhile Robert Borthuike guid and thankfull service done to his hienes in making and reparatioun of his hienes artalyearie, thairfoir be his lettres obligatouris foirsaidis wes bund and promittit faithfullie to renew the said infeftment in the nixt parliament to the said umquhile Robert Borthuik, and to infeft him and his aris at the said nixt parliament in the landis abonewrittin heretablie to be haldin of his hienes and his successoris, kingis of Scotland, for yeirlie payment of ane penny monie of this realme in name of blenche ferme allanerlie, and in the meantyme, ay and quhill the said infeftment wer maid in parliament, with advise and consent of the estaitis of this realme in the best form that culd be devysit, oure soverane lordis umquhile darrest grandschir foirsaid remittit and forgaif be the saidis lettres to the said umquhile Robert Borthuik and his aris all and sindre the fewfermes of wictuall and monie abonespecefiit addettit for the saidis landis, as the foirnamit lettrez obligatouris of the dait abonespecefiit, producit and presentit in this present parliament be the said Frances Borthuik and Johnne Borthuik, his sone, to the effect undir writtin at mair lenth proportis, quhilk oure soverane lord and estaitis abone mentionat findis and declaris to be trew and autentik, unraisit, vitiat or cancellat in ony sort, and that the causis thairin contenit, being sufficientlie tryit and considderit be thame, ar presentlie fund and provin to be of veritie and to have tendit to the advancement of oure said umquhile soverane lordis honour and to the commoun weill of this realme. And heirwith his majestie and estaitis abone mentionat, having consideratiouin that his said umquhile darrest grandschir deceissit frome this present lyff in the feild of Flowdoun, befoir the renewing of the said blench infeftment to the said umquhile Robert and his aris, and yit notwithstanding thairof, alsweill the said umquhile Robert in his lyftyme as sensyne the said Francis, his sone, and the said Johnne, his oy, respective, hes bruikit and joysit the said half landis of the manis of Ballincreif, with the pertinentis, be vertew of the said band and obligatioun frelie, without ony payment of fewfermes, males or dewties thairfoir, during the lettir aige of oure soverane lordis umquhile darrest grandschir abone nominat, the governament of umquhile Johnne, duke of Albany, and all the tyme of oure soverane lordis umquhile maist noble guidschir, King James the Fyft, as also during the tyme of all the governouris of this realme sensyne, quha, fra tyme to tyme, be reasone of the said obligatioun, and lykwayes oure soverane lordis self continuallie sen the acceptatioun of the regiment in his awin persoun, hes dischargit to the said Frances Borthuik and his sone abone nominat the fermes and dewties of the foirnamit half landis and manis, and hes acceptit and confermit the dischargis of the same grantit to the said umquhile Robert and his successouris as wes planelie verifiet in this parliament be autentik wreittis producit; in respect quhairof, and that men of service, quha hes weill deservit in the commoun weill, sall nocht be discourageit, seing the reward of thrair service frustrat be taking away the fruit thairof fra thair posteritie, thairfoir, and for sindre utheris guid causis and considerationis, oure said soverane lord, now efter his perfite aige of tuentie fyve yeris compleit and all his revocationis, speciall or generall, and als the estaitis of parliament foirsaidis, hes ratifiet, approvin and, be the tennour heirof, ratifies, apprevis and perpetuallie confermis the foirnamit lettres obligatouris maid be oure soverane lordis umquhile darrest grandschir abone mentionat to the said umquhile Robert Borthuik off the dait and contentis abone exprimit; and findis, decernis and declaris the samyne to have bene fra the beginning, and to be now and in all tymes cuming ane sufficient discharge and exoneratioun, alsweill to the said umquhile Robert Borthuik as to the said Francis and Johnne Borthuik, his sone, thair aris and successouris; off all and sindrie the fewfermes and dewties above mentionat of the said half landis and manis, with thair pertinentis quhatsumevir that micht or may be clamit thairfoir, alsweill of all yeris and termes bygane as to cum sen the dait of the foirnamit lettres obligatouris; and to that effect ordanis the samyne to be insert and registrat in this present act and buikis of parliament, off the quhilk the tennour followis: James, be the grace of God, king of Scottis, to oure thesaurair, comptrollar and all and sindrie chalmerlanis, ressaveris and thair depuittis, and to utheris oure officeris, leigis and subdittis quhome it efferis quhais knawlege thir oure lettrez sall cum, greting. Forsamekle as we have infeft heretablie in fewferme oure lovit familiare servitour Robert Borthuik, fundar of gunnis, in all and haill the half of the mannis of oure landis of Ballincreif, with thair pertinentis, quhilk James Reidheuche now occupies, lyand within oure schiredome of Edinburgh and constabularie of Hadingtoun, for sex chalder, tuelf bollis quheit, ane chalder, tuelf bollis beir, nyne pundis usuall money of oure realme, yeirlie to be pait to us in name of fewferme, quhilk infeftment we tend God willing at oure nixt parliament to renew; and promittis faithfullie to the said Robert, for his guid and thankfull service done to us in making and reparatioun of oure artelyerie, to infeft the said Robert and his aris at the said nixt parliament in the landis abonewrittin heretablie to be haldin of us and oure successouris, kingis of Scotland, in frie blenche ferme for ane pennie usuall money of Scotland allanerlie. And in the meantyme, ay and quhill the said infeftment be maid in our said parliament, with advise and consent of the estaitis of this realme in the best forme that can be devysit, we remit and forgevis be thir presentis the said Robert and his aris the foirsaidis sex chalderis, xij bollis quheit, j chalder, xij bollis beir, ix lib. yeirlie, for the fewfermes of the saidis landis aucht to us as said is, chargeing heirfoir you, all and sindrie oure officiaris, leigis and subdittis foirsaidis that nane of yow tak upoun hand to poynd, distrenyie or in onywayes persew the said Robert or his aris for ony pairt of payment of the foirsaid wictuall and money of few in ony tyme to cum; dischargeing yow and ilk ane of yow of your offices in that part be thir oure lettrez, be the tennour of the quhilkis we charge oure auditouris of oure chekker to mak thankfull allowance to yow yeirlie in your comptis under all hiest pane and charge that after may follow, gevin [under]3 oure signet at Edinburgh, the auchtene day of Februar, the yeir of God jM vC ten yeiris, and of oure regne the xxiij yeir. Sic subscribitur, James Rex. Attour, for the causis abone rehersit and namelie for fulfilling of oure said soverane lordis umquhile grandschiris promeis contenit in the foirnamit lettres obligatouris, quhilk his majestie as successour unto him is astrictit to performe, oure said soverane lord and estaitis of this present parliament ordanis ane new charter and infeftment to be maid under his hienes greit seill in dew and ample forme, gevand, grantand and disponand, lyk as his majestie, with avise and consent of the estaitis above mentionat, be the tennour heirof, gevis, grantis and disponis to the said Johnne Borthuik, eldest lauchtfull sone to the said Frances, and his aris maill lauchtfullie gottin or to be gottin betuix him and Jonet Heriott, his spous, quhilkis falyeing to the narrest and lauchfull airis maill of the said Johne quhatsumevir berand the armes and surname of Borthuik heretablie, all and haill the foirsaid half of all and sindrie the said manis of Ballincreif, with thair pertinentis, now and ofbefoir occupiit be the said Frances and Johnne, his sone, with the milne of the same biggit thairupoun, multuris and sequellis thairof, ttogidder with the mansionis, yardis, ducattis and medowis of the said half of the manis abone writtin and all thair pertinentis liand as said is, to be haldin of oure soverane lord and his successouris in fie and heretage for evir be all richt, merches and devyses etc. for yeirlie payment to our said soverane lord and his successouris off ane pennie monie of this realme at the feist of Witsonday in name of blenche ferme, gif it be askit allanerlie, saulfand alwayes, reservand and disponand to the said Frances Borthuik the frie tenement and lyfrent of the eist half of the manis abonewrittin with thair pertinentis, togidder with the principall mansioun, yard and ducat of the samyne, and half of the opin medo lyand in the wast part of the said manis, and of the foirnamit mylne of the samyne with tua mylne akaris adjacent thairto, for all the dayis of the said Francis Borthuikis lyftyme, to be haldin in maner foirsaid, for yeirlie payment of ane pennie in name of blenche ferme thairfoir; and siclyk reservand and disponand to the said Jonet Heriot, hir lyfrent, off all and haill the wast half of the saidis half manis of Ballincreif, with the housis, yardis and pertinentis thairof, for all the dayis of hir lyftyme, to be haldin as said is for yeirlie payment of ane pennie in name of blenche ferme allanerlie. And for the causis and to the effect abonewrittin, oure soverane lord and estaitis abone mentionat hes dissolvit and, be the tennour heirof, dissolvis all and haill the said half of the foirnamit manis of Ballincreif, with the mylne, pertinetis and utheris thairof above specefiit, frome the patrimonie of his hienes croun and frome all annexatioun maid of the samyne thairto in ony tymes bygane, to the effect the same may be annaleit and disponit to the said Johnne Borthuik and his foirsaidis in maner abonewrittin, appointit to be contenit in the said new infeftment, provyding alwayis that the saidis Frances and Johnne Borthuik content and pay all byruns restand awand to his hienes comptrollair for the saidis landis off all yeris and termes bygane speciallie assignit be the said comptrollair to his majesties officiaris and servandis.
- NAS, PA2/14, ff.66r-67v.
- Written in margin: 'P'.
- APS interpolation.