[1705/6/141]¹

Ratification in favors of John Leith of Leithhall and his son

Our sovereign lady and estates of parliament, presently conveened by her majesties' special authority, have ratified and approven and hereby ratifies and approves an charter under the great seal bearing date at Kensingtoun, the first day of April, j^M vij^C and one years, granted by the deceased King William, with consent of the commissioners of his thesaury and exchequer for the time and proceeding on the resignations of John Leith of Leithhall and of umquhile John, earl of Mar, and the deceased William Gordon of Tapersie, John and Henry Gordons, his sons, and umquhile Mr James Leith of Leithhall, sometime designed of Newlesly, father to the said John Leith, assigneys of the said John, earl of Mar, to and in favors of the said John Leith of Leithhall, he being on life dureing all the dayes of his lifetime, and to John Leith, his lawful son, and the heirs male lawfully to be procreat of his body, which failyieing to the other heirs male and of tailyie and provision respective and successive therein mentioned, and failyieing of them to the said John Leith, elder, and his heirs and assigneys whatsoever, heretably and irredeemably in fie with and under the condition, provision, pouer and faculty conceived in favors of the said John Leith, elder, of all and haill the lands and barony of Leithhall, comprehending the several and particular touns, lands, mannor places, mills, teinds, priviledge of a yearly fair, customes and commodities belonging thereto, and others respective therein mentioned, lying within the parochine of Lesline and sherifdom of Aberdeen, and all formerly united, erected and incorporated in an haill 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 maills and duties thereof bygone, and in time comeing, are therby of new given and disponed to the said John Leith, elder, dureing his lifetime and to the said John Leith, his son, and to the heirs male of his body, which failyieing to the said other heirs male and of tailyie and provision respective therein specified, heretably and irredeemably in fie under the foresaid provision and faculty conceived in favors of the said John Leith, elder, and fully expressed in the said charter, which contains also an new erection of all the foresaid lands and barony, priviledge of a fair, teinds, mills and others therein expressed, in an haill and free barony to be called as before the barony of Leithhall, ordaining the mannor place of Leithhall to be the principal messuage thereof, and one seasine to be taken, in all time comeing, thereat or upon any part of the said lands to be sufficient for the said haill barony united, as said is, and every part of the same, to be holden of his majestie and his royal successors in taxtward, few and blench ferme respective, free barony, fee and heretadge for ever, in manner fully expressed in the said charter, whereby also the duties of ward, nonentry and relief of the said lands and barony of Leithhall, and the marriage of the heir or heirs when and as oft as the same shall fall out, are assigned and disponed to the said John Leith, elder, his son and their foresaids, for payment of the sum of eighty six pounds Scots money yearly, at two terms in the year, Whitsunday and Martinmass by equal portions dureing the waird and nonentry, as much for the relief and of the sum of one hundred and sixty three pounds for the marriage of the heir when and how oft soever the samen shall happen to fall, to which sums respective the foresaid ward, nonentry, 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 seasine therein contained and instrument of seasine following thereupon, in the haill heads, clauses, conditions, tenors and contents thereof, with all that has followed or may follow thereupon. And her majesty and estates of parliament foresaid wills and grants and, for them and their successors, statutes and ordains 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 comeing, as if the said charter under the great seal containing the said new gift, new erection and the taxing of the ward, nonentry, relief and marriage and instrument of seasine following thereupon, were herein particularly and verbatim insert and ingrossed, whereanent and with all other exceptions and objections that may be moved, proponed and alleadged against the validity of this present ratification, her majesty, and estates of parliament foresaid have dispensed and hereby dispenses for ever. Extract.