[1705/6/141]¹

Ratification in favour of John Leith of Leithhall and his son

Our sovereign lady and estates of parliament, presently convened by her majesty's special authority, have ratified and approved and hereby ratify and approve a charter under the great seal bearing date at Kensington, 1 April 1701, granted by the deceased King William, with consent of the commissioners of his treasury and exchequer for the time and proceeding on the resignations of John Leith of Leithhall and of the late John [Erskine], earl of Mar, and the deceased William Gordon of Terpersie, John and Henry Gordon, his sons, and the late Mr James Leith of Leithhall, sometime designed of Newleslie, father to the said John Leith, assignees of the said John, earl of Mar, to and in favour of the said John Leith of Leithhall, he being on life during all the days of his lifetime, and to John Leith, his lawful son, and the male heirs lawfully to be procreated of his body, which failing to the other male heirs and of tailzie and provision respectively and successively therein-mentioned, and failing of them to the said John Leith, elder, and his heirs and assignees whomsoever, heritably and irredeemably in fee with and under the condition, provision, power and faculty conceived in favour of the said John Leith, elder, of all and whole the lands and barony of Leithhall, comprehending the several and particular towns, lands, manor places, mills, teinds, privilege of a yearly fair, customs and commodities belonging thereto, and others respectively therein-mentioned, lying within the parish of Leslie and sheriffdom of Aberdeen, and all formerly united, erected and incorporated in a whole and free barony called the barony of Leithhall. All which lands, barony and others mentioned in the said charter, with all right his majesty had or might pretend thereto or to the mails and duties thereof bygone, and in time coming, are thereby of new given and conveyed to the said John Leith, elder, during his lifetime and to the said John Leith, his son, and to the male heirs of his body, which failing to the said other male heirs and of tailzie and provision respectively therein-specified, heritably and irredeemably in fee under the foresaid provision and faculty conceived in favour of the said John Leith, elder, and fully expressed in the said charter, which contains also a new erection of all the foresaid lands and barony, privilege of a fair, teinds, mills and others therein-expressed, in a whole and free barony to be called as before the barony of Leithhall, ordaining the manor place of Leithhall to be the principal messuage thereof, and one sasine to be taken, in all time coming, thereat or upon any part of the said lands to be sufficient for the said whole barony united, as said is, and every part of the same, to be held of his majesty and his royal successors in taxed ward, feu and blench ferm respectively, free barony, fee and heritage forever, in manner fully expressed in the said charter, whereby also the duties of ward, non-entry and relief of the said lands and barony of Leithhall, and the marriage of the heir or heirs when and as often as the same shall fall out, are assigned and conveyed to the said John Leith, elder, his son and their foresaids, for payment of the sum of £86 Scots money yearly, at two terms in the year, Whitsunday [15 May] and Martinmas [11 November] by equal portions during the ward and non-entry, as much for the relief and of the sum of £163 for the marriage of the heir when and how often soever the same shall happen to fall, to which sums respectively the foresaid ward, non-entry, relief and marriage are taxed, and also the heirs are allowed to be entered, served, retoured and infeft in the said lands and barony, notwithstanding of their minority, in manner at length specified in the said charter, together with the precept of sasine therein contained and instrument of sasine following thereupon, in the whole heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid will and grant and, for them and their successors, statute and ordain that the foresaid general ratification is and shall be as valid, effectual and sufficient to the said John Leith, and his said son and his foresaids, in all time coming, as if the said charter under the great seal containing the said new gift, new erection and the taxing of the ward, non-entry, relief and marriage and instrument of sasine following thereupon, were herein particularly and word for word inserted and engrossed, with the which and with all other exceptions and objections that may be moved, proposed and alleged against the validity of this present ratification, her majesty, and estates of parliament foresaid have dispensed and hereby dispense forever. Extract.