[1633/6/188]¹

Act in favour of James Hay of Smithfield

Oure soverane lord, with advyse and consent of his hienes haill estates of this present parliament, ordaines ane ratificatioun to be maid thairin to his majesties trustie and familiar servitor James Hay of Smithfield, ane of the esquyres of his hienes bodie, his airs male and of taillie efterspecifiit, ratifiand, approveand and, for his majestie and his hienes successors, perpetuallie confirmand, lykas his majestie, with advyse and consent forsaid, ratifies and approves and, for his hienes and his successors, perpetuallie confirmes the chartor and infeftment maid and grantit be our soverane lord under his hienes great seale to the said James Hay and the airs male lawfullie gottine or to be gottine of his bodie, quhilkes failyeing, to his neirest and lawfull airs male quhatsumever beirand the armes and surname of Hay heretablie, all and sundrie the lands and uthers wnderwrittine, to witt: of all and haill the lands of Smithfield, with the tower, fortalice, maner place, yeards, orcheards and all thair pertinents; all and haill the lands of Crocecunningfield and Catcorson, with the medow and pendicle thairof callit the Struther, and lands of Horsburghhauch and Duikhauch, being propper pairts and pertinents of the samyne lands of Crocecunningfield and Catcorsan, with tennents, tennandries, service of frie tennents thairof and all thair pertinents; all and haill the lands of Swynhope, with the mylne of Swynhope, mylnelands, multures, sequells, kill, houses, biggings, yeards and pertinents thairof quhatsumever; all and haill the lands of Flatt and all and haill tua aikers of land lyand besyde the burgh of Peibles, with all and sundrie thair pertinents, all lyand within the shirefdome of Peibles, with speciall libertie and priveledge of pasturing of goodes upon the commounties of Swynhope, Escheills, Vainlaw and Glentres lyand adjacent to the saidis lands of Smithfield, Swynhope and Flatt, and to pull hedder and to cast, win and away leid peitts, turves and fewall thairupon, and to dispone upon the samyne at thair pleasur as thair commounties adjacent to the saidis lainds in all tyme coming; and all and haill the merkland of Spittellhope and Fairniehauch, with the pertinents, extending to ane thride pairt of the saidis lands of Spittellhope sumtyme perteining to Williame Lowes of Glack, lyand within the shirefdome of Peibles forsaid, as for the principall; and all and haill the lands of Horsburgh, with the pertinents, lyand within the samyne shirefdome, in speciall clause of warrandice of the samyne thride pairt lands of Swynhope to be haldin of our said soverane lord and his hienes successors in fie and heretage, as at mair lenth is contenit in the said chartor wnder his hiene great seale, of the dait at Halyrudhous, the tuentie sevint day of July, the yeir of God j^M vj^C tuentie and four yeirs, togider with the precept of sasing following thairupon under the testimoniall of his hienes greatt seale of the samyne dait, and instrument of sasing thairof givin to the said James Hay conforme thairto, of the dait the [...] day of August nixt thaireftir in the samyne yeir of God, under the signe and subscriptione manuall of Andro Hay, notar publick, and with all uthers chartors, infeftments, precepts, instruments of sasing, confirmationes, services, retoures, infeftments and sasings following thairupon, procuratories and instruments of resignatione and infeftments following thairupon, and all uthers wreatts, richts, titles and secuirities quhatsumever maid and grantit be our said soverane lord or any of his hienes predicessors or be quhatsumever uther persone or persones to the said James Hay, Johne Hay, his brother, umquhile Alexander Hay, fear of Smithfield, his eldest brother, umquhile Johne Hay of Smithfield, his father, or to any uthers thair antecessors, of or concerning the lands and uthers abonewrittine, with the pertinents, or the said James Hay, his lands of Escheills and Spittellhope and chapell yeards of Sanct Leonards, thrie ruids of land at the Quhytstainehill besyde the burgh of Peibles, and uther thrie ruides of land lyand besyde the aikers of the croce kirk of Peibles, and of the tenement of land callit the Cunyienuik, lyand in the brige gait of the said burgh of Peibles, with all thair pairts, pendicles and pertinents quhatsumever, all lyand within the shirefdome forsaidis, of quhatsumever daitt or daits, tennor or contents the samyne be, in all and sundrie pointes, pases, heads, articles, clauses, provisiones and conditiones quhatsumever thairin contenit, conforme to the tennor thairof in all pointes, with all that hes followit, or may follow thairupon, willing and granting and, for his majestie and his hienes successors, with consent forsaid, decerning and ordaining this present generall ratificatioun of the wreatts and evidents speciallie and generallie forsaidis to be als good, valeid, effectuall and sufficient to the said James Hay and his forsaidis for bruiking and joysing of the lands and uthers abonewrittine, with the pertinents, as thair heretage at thair pleasir in all tyme coming, conforme to the wreatts, richts, titles and secuirities forsaidis grantit to him and thame thairupon siclyk as if all and sundrie the samyne evidents and wreatts speciallie and generallie forsaidis war at lenth and word be word ingrost heirintill; quhairanent, and anent the invaliditie and imperfectiones of the saidis wreattes and grounds quhairupon the samyne proceidit, or any claus thairincontenit, oure said soverane lord, for his hienes and his successors, have dispensit and, be thir presents, with consent forsaid, dispenses for ever; and als ordaines thir presents to be insert amonges the remanent actes of his hienes parliament, anent the quhilks thir presents sall be ane sufficient warrand.