[1641/8/403]¹

Ratification in favour of [George Hay], earl of Kinnoull of his infeftment of the barony of Dupplin, with a dissolution

Our sovereign lord, with consent of the estates of this present parliament, by this legislation, ratifies and approves the charter made and granted by his majesty under his highness's great seal to the late George [Hay], earl of Kinnoull etc., therein designed Sir George Hay of Kinfauns, knight, high chancellor of this realm for the time, his male heirs and assignees, of the barony of Dupplin, comprehending the barony of Aberdalgie and Dupplin mentioned therein, the lands of Overcairdnay, with the muir and mosses thereof, the lands whereon the wood grew called the Woodland, the lands of the chapel called the Chapel Land of the Muir, the lands of Dallquhoroquhy, with the mill and mill lands thereof, with the office of bailiary of the said lands of Overcairdny, Woodland, Chapel Lands of the Muir and Dallquhorroquhy, with the mill and mill lands thereof, and certain other lands and others expressed therein, of the date 29 July 1626, with the precept and instrument of sasine following thereupon, and with the sasine thereof now given to George, now earl of Kinnoull etc., as heir to the said late George, earl of Kinnoull, his father, in all and sundry points, heads, articles and clauses contained therein, after the forms and tenors thereof, and declares, statutes and ordains that this present general ratification thereof shall be as good and sufficient in all respects as if the same were at length inserted herein, dispensing by this ratification with the not inserting thereof herein. And further, for the good service done to his majesty and his highness's late father of worthy memory by the said George, now earl of Kinnoull, and by the said late George, earl of Kinnoull, late chancellor of this realm, his father, and by his majesty's right trusty cousin and councillor William [Douglas], earl of Morton etc., from whom the said George, earl of Kinnoull acquired the lands and others specified above and below, and who is obliged in warrandice to him thereof, and for great and seen reasonable causes of this realm, his majesty, with advice and consent of the said estates of parliament, by this ratification, dissolves the foresaid lands of Overcairdny, with the muir and mosses thereof, Woodland, the Chapel Land of the Muir, Dallquhorrochie, with the mill and mill lands thereof, the foresaid office of bailiary of the said lands of Overcairdny, Woodland, Chapel Land of the Muir and Dallquhorroquhy, with the mill and mill lands thereof, from his majesty's crown and patrimony thereof, to the effect that the same may remain perpetually with the said Earl of Kinnoull, his male heirs and assignees, to be possessed by him according to their several former infeftments and rights thereof in all time coming; or if need be that his majesty may of new give, grant and convey the same to the said George, now earl of Kinnoull, his male heirs and assignees foresaid, to be held of his majesty and his successors in manner and for payment of the duties particularly mentioned and set down in the said charter made in favour of the said late George, earl of Kinnoull only, without payment of any other duties or service than is particularly expressed in the same charter, namely: for the foresaid lands of Overcairdny with the muir and mosses thereof, the foresaid lands called the Woodland, the foresaid lands of the chapel called the Chapel Land of the Muir, with the pertinents, the sum of 40 merks usual money of this realm of Scotland, with the sum of 10s money foresaid for the capons, poultry, arriages, carriages and all other services used and wont to be paid for the same at two terms in the year, Whitsunday [May/June] and Martinmas [11 November] in winter, by equal portions in name of feu ferm, as the old mail and duty used to be paid for the lands and others immediately above-written; together with the sum of 33s 4d money foresaid as the old augmentation of the rental used to be paid for the same lands and others above-specified; together with the sum of 6s 8d money foresaid in new augmentation of the rental of the lands and others immediately above-written at the terms above-mentioned; as also giving three suits at three head courts to be held yearly at the abbey of Inchaffray, and also the male heirs of the said George, now earl of Kinnoull, doubling the said feu ferm and augmentation the first year of their entry to the lands and others immediately above-written, with the pertinents as is usual of feu ferm only; for the foresaid office of bailiary within the bounds above-mentioned of the foresaid lands of Overcairdny, Woodland, Chapel Land of the Muir and Dallquhorrochquy, with the mill and mill lands thereof and their pertinents, with all privileges, liberties and immunities pertaining and belonging thereto within the bounds foresaid, one penny money foresaid at the abbey of Inchaffray at the feast of Whitsunday yearly in name of blench ferm if it be asked only, together with the service in the said office used and wont by the late Laurence [Oliphant], lord Oliphant and his predecessors only; for the foresaid lands of Dallquhorochy, with the mill thereof and mill lands annexed to the same mill and their pertinents, the sum of 20 merks 6s 8d money foresaid at two term in the year, Whitsunday and Martinmas in winter, by equal portions in name of feu ferm; with the sum of 6s 8d money foresaid in augmentation of his majesty's rental thereof, and also the heirs of the said George, earl of Kinnoull doubling the said feu ferm and augmentation the first year of their entry to the said lands as is usual of feu ferm only. And finds, declares, statutes and ordains that the infeftments and securities foresaid made and to be made to the said Earl of Kinnoull and his above-written of the lands and others above-specified are and shall be sufficient and valid rights and securities to them for peaceable possessing and enjoying of the lands and others foresaid, for payment of the yearly duty particularly above-mentioned only perpetually in all time coming, and for that effect, by the tenor hereof, dispenses with the 10th act of his highness's first parliament held at Edinburgh in 1633 entitled, 'Regarding the annexation of his majesty's property', and with all acts of parliament and laws particularly and generally therein specified, and with all other acts of parliament and laws that may be prejudicial to the validity of the said infeftments, and declares this general dispensation with the said acts of parliament and laws to be as valid as if the same were all particularly mentioned herein and hereby dispensed with particularly.