Ratification in favour of Sir John Young of Leny

Our sovereign lord and his highness's estates of parliament, now presently convened, by this act ratify, approve and confirm the charter, under his majesty's great seal, of the date 18 November 1670, made and granted to Sir John Young of Leny, knight, his heirs and assignees whatsoever, of all and whole that half of the lands of Over and Nether Leny, which formerly pertained to Sir Patrick Houston of that ilk, with houses, biggings, yards, coals, coalheughs, lime, limestone and others, as well beneath as above the ground, annexes, connexes, parts, pendicles and pertinents of the same, lying within the sheriffdom of Edinburgh principal, of the which lands there is an acre lying upon the other side of the water of Almond, and is a part and pertinent of the foresaid half lands; and likewise, of all and whole the other just and equal half of the said lands of Over and Nether Leny, which pertained of before to the said Sir John Young, with houses, biggings, yards, dovecots, parts, pendicles and tenants, tenantries, service of free tenants, annexes, connexes and all their pertinents, lately united and erected in a free barony, lying within the said sheriffdom of Edinburgh principal, which two half lands of Over and Nether Leny, and others above-written, with the pertinents pertained heritably of before to the said Sir Patrick Houston and Dame Anna Hamilton, his spouse, and to the said Sir John Young respectively, held by them of our sovereign lord, for service of ward and relief, and were resigned by them in the hands of our said sovereign lord his commissioners of exchequer, as in his majesty's hands, for new infeftment to be made and granted thereof, to the said Sir John Young, his heirs and assignees foresaid, which charter does contain an ample clause of novodamus with an agreement of not petitioning, and with supplement of all other faults, defects and imperfections, as well not named as named, which his majesty holds as for expressed in the said charter. Likewise his majesty, of his proper motive, will and royal power, did dismember and separate the foresaid half of the said lands of Leny, formerly pertaining to the said Sir Patrick Houston, from the lands and barony of Balglass pertaining to the said Sir Patrick, of the which lands and barony of Balglass the said half lands of Leny were a part and pertinent, and did unite, conjoin, annex, create and incorporate the said two half lands of the foresaid lands of Over and Nether Leny pertaining to the said Sir Patrick Houston, and the said Sir John Young respectively, in a whole and free barony to be called, now and in all time coming, the barony of Leny, ordaining the manor place of Leny to be the principal messuage thereof, and a sasine to be taken at the said manor place of Leny to be sufficient for the whole foresaid lands and others above-written, with all and sundry commodities, liberties, privileges and freedoms as any other barony has. And our said sovereign lord, by the said charter, did provide, decree and ordain that whenever and so often as the said lands and barony of Leny, with the pertinents, should fall and become in his majesty's hands, or in the hands of his highness's successors, by reason of ward and non-entry, that then the said Sir John Young, his heirs and assignees foresaid, should pay to his majesty and his highness's successors, and to their treasurers in their names, for the said half lands which formerly pertained to the said Sir John Young the tax duties underwritten, namely, $35.85 Scots money at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] by equal portions, during the time that the said lands shall be in ward and non-entry, or either of them yearly, and for relief of the said lands the sum of another $35.85 and the sum of $179.23 for the marriage of the heir, when the same should happen, to the which duties the said ward, non-entry, relief and marriage of the said half lands pertaining to the said Sir John Young were formerly taxed, and that the said Sir John Young, and his foresaids, should pay to his majesty and his highness's said successors, or their said treasurers in their names, for the said other half of the said lands of Leny, which formerly pertained to the said Sir Patrick Houston, whereof there is an acre lying on the other side of the water of Almond, the sum of $179.23 Scots money, at two terms in the year, Whitsunday and Martinmas, by equal portions, for the ward and non-entry of the said half lands formerly pertaining to the said Sir Patrick Houston, so often as the same should fall in his majesty's hands, for the profit of the said ward and non-entry yearly, and the like sum of $179.23 money foresaid for the relief of the said half lands, and the sum of $358.47 money foresaid for the marriage of the heir, so often as the same should happen, to the which duties above-written the said ward, non-entry, relief and marriage of the said half lands formerly pertaining to the said Sir Patrick Houston are, by the said charter, now taxed and modified. Likewise his majesty (then as if the said ward, non-entry and marriage had fallen in his hands) did assign and convey the same to the said Sir John Young, his heirs and assignees foresaid, for payment of the foresaid tax duties and by the said charter, it is decreed and declared that it should be rightful to the apparent heir or heirs of the said Sir John Young, and his assignees, to purchase themselves entered infeft and confirmed as heir in the said lands and barony in any time of their minority, notwithstanding the foresaid lands are held ward, as said is, dispensing with the judges before whom they shall be served with the persons of inquest, and with the service or services. And further, in the said charter his majesty faithfully promised, for him and his highness's successors, to ratify and approve the said charter, signature whereupon the same proceeded and infeftments to follow thereupon in his majesty's ensuing parliament, and did require his highness's estates of parliament accordingly to ratify the same together with the procuratories and instruments of resignation and other grounds whereupon the same proceeded, precept of sasine following thereupon and infeftment and instrument of sasine following upon the same, in all and sundry their heads, articles, clauses, circumstances and conditions particularly mentioned in the said instruments of resignation, charter, instrument of sasine and infeftments following upon the same, after the forms and tenors thereof in all points. And our said sovereign lord and estates of parliament, statute, ordain and declare that the foresaid charter with the procuratories and instruments of resignation whereupon the same proceeded, precept of sasine and instrument of sasine following thereupon, and other rights and securities made to the said Sir John Young and now taxed and modified, as said is, are and shall be sufficient and valid rights and securities for bruiking and enjoying the said lands and barony of Leny, in all time coming, to be held of his majesty and his highness's successors in manner above-mentioned, and that this present ratification, taxed ward, union and erection of a barony shall stand in full force, vigour, strength and effect, notwithstanding of whatsoever general or particular revocation by our sovereign lord or his said successors made or to be made, which his majesty and estates of parliament, by this act, declare shall not be extended to the hurt and prejudice of the said charter, grounds whereupon the same proceeded, infeftment following thereupon, and this present ratification thereof in any point, articles or condition of the same. And further, our said sovereign lord and estates of parliament, statute, ordain and declare that this present ratification shall be of as great value, force, strength, efficacy and effect as if the foresaid charter, procuratories, instruments of resignation and other grounds whereupon the same proceeded, precept of sasine, infeftment and instrument of sasine following thereupon were all expressed and inserted word for word herein, albeit the same be not so done; with the which and anent the taking of the said sasine (if any be already taken) and also anent all other defects and imperfections (if any be) that can be proposed or alleged against the validity of the foresaid charter grounds foresaid, whereupon the same proceeded, precept of sasine, infeftment and sasine following thereupon, or this present ratification of the same, our said sovereign lord and estates of parliament, have dispensed and, by this act, dispense for ever.