[1633/6/188]¹

Act in favour of James Hay of Smithfield

Our sovereign lord, with advice and consent of his highness's whole estates of this present parliament, ordains a ratification to be made therein to his majesty's trusty and familiar servant James Hay of Smithfield, one of the esquires of his highness's body, his male heirs and of tailzie after-specified, ratifying, approving and, for his majesty and his highness's successors, perpetually confirming, likewise his majesty, with advice and consent foresaid, ratifies and approves and, for his highness and his successors, perpetually confirms the charter and infeftment made and granted by our sovereign lord under his highness's great seal to the said James Hay and the male heirs lawfully procreated or to be procreated of his body, which failing, to his nearest and lawful male heirs whatsoever bearing the arms and surname of Hay heritably, all and sundry the lands and others underwritten, namely: of all and whole the lands of Smithfield, with the tower, fortalice, manor place, yards, orchards and all their pertinents; all and whole the lands of Crocecunningfield and Catcorson, with the meadow and pendicle thereof called the Struther, and lands of Horsburghhaugh and Duikhauch, being proper parts and pertinents of the same lands of Crocecunningfield and Catcorsan, with tenants, tenancies, service of free tenants thereof and all their pertinents; all and whole the lands of Swynhope, with the mill of Swynhope, mill lands, multures, sequels, kiln, houses, buildings, yards and pertinents thereof whatsoever; all and whole the lands of Flatt and all and whole two acres of land lying beside the burgh of Peebles, with all and sundry their pertinents, all lying within the sheriffdom of Peebles, with special liberty and privilege of pasturing of goods upon the commonties of Swynhope, Esheils, Venlaw and Glentress lying adjacent to the said lands of Smithfield, Swynhope and Flatt, and to pull heather and to cast, extract and take away peats, turfs and fuel thereupon, and to convey upon the same at their pleasure as their commonties adjacent to the said lands in all time coming; and all and whole the merkland of Spittlehope and Ferniehaugh, with the pertinents, extending to a third part of the said lands of Spittlehope sometime pertaining to William Lowes of Glack, lying within the sheriffdom of Peebles foresaid, as for the principal; and all and whole the lands of Horsburgh, with the pertinents, lying within the same sheriffdom, in special clause of warrandice of the same third part lands of Swynhope to be held of our said sovereign lord and his highness's successors in fee and heritage, as at more length is contained in the said charter under his highness's great seal, of the date at Holyroodhouse, 27 July 1624, together with the precept of sasine following thereupon under the testimonial of his highness's great seal of the same date, and instrument of sasine thereof given to the said James Hay according thereto, of the date the [...] day of August 1624, under the sign and subscription manual of Andrew Hay, notary public, and with all other charters, infeftments, precepts, instruments of sasine, confirmations, services, retours, infeftments and sasines following thereupon, procuratories and instruments of resignation and infeftments following thereupon, and all other writs, rights, titles and securities whatsoever made and granted by our said sovereign lord or any of his highness's predecessors or by whatsoever other person or persons to the said James Hay, John Hay, his brother, the late Alexander Hay, fiar of Smithfield, his eldest brother, the late John Hay of Smithfield, his father, or to any other of their predecessors, of or concerning the lands and others above-written, with the pertinents, or the said James Hay, his lands of Esheils and Spittlehope and chapel yards of St Leonards, three ruids of land at the Whitestone Hill beside the burgh of Peebles, and another three ruids of land lying beside the acres of the cross kirk of Peebles, and of the tenement of land called the Cunyienuik, lying in the bridge gate of the said burgh of Peebles, with all their parts, pendicles and pertinents whatsoever, all lying within the sheriffdom foresaid, of whatsoever date or dates, tenor or contents the same be, in all and sundry points, passes, heads, articles, clauses, provisions and conditions whatsoever therein contained, according to the tenor thereof in all points, with all that has followed, or may follow thereupon, willing and granting and, for his majesty and his highness's successors, with consent foresaid, determining and ordaining this present general ratification of the writs and evidents specially and generally foresaid to be as good, valid, effectual and sufficient to the said James Hay and his foresaids for possessing and enjoying of the lands and others above-written, with the pertinents, as their heritage at their pleasure in all time coming, according to the writs, rights, titles and securities foresaid granted to him and them thereupon likewise as if all and sundry the same evidents and writs specially and generally foresaid were at length and word by word engrossed herein; concerning which, and regarding the invalidity and imperfections of the said writs and grounds whereupon the same proceeded, or any clause contained therein, our said sovereign lord, for his highness and his successors, has dispensed and, by this act, with consent foresaid, dispenses for ever; and also ordains this act to be inserted amongst the other acts of his highness's parliament, regarding the which this act shall be a sufficient warrant.