[1681/7/102]¹

Ratification in favour of Donald Bain of Tulloch

Our sovereign lord and estates of parliament, presently convened by his majesty's special authority, have ratified and approved and, by this act, ratify and approve a charter, containing precept of sasine, made and granted by his majesty, under his highness's great seal, bearing date at Whitehall, 30 September 1678, whereby his majesty has given, granted and conveyed and, for his highness and his successors, perpetually confirmed to Donald Bain of Tulloch, and his male heirs and assignees whatsoever, heritably and irredeemably, all and whole the town and lands of Tulloch, extending to a quarter of a davach land, the lands of Drynie, all and whole the town and lands of Bellafreis, extending to a quarter of a davach land, all and whole the lands of Strathskea, and forest of Strathrannoch, with the manor place of Tulloch, houses, biggings, yards, orchards, with all the pertinents of the said lands, all and whole the mill of Insch, with the astricted multures of the towns and lands of Davachcairne, Wester Drynie, Tulloch, Bellafreis, Strathskea, Glacks, Meikle and Little Kinardies, with the pertinents, sucken, knaveships and other duties and services of the said lands due to the said mill as astricted thereto, and dissolved from the mill of Ussie; as also, all and whole the said mill of Ussie, with the croft and alehouse thereof, together with the astricted multures and sucken of the lands of Drumglust, Tollie and Brahan, and all other multures and duties used and wont pertaining to the said mill, lying in the earldom of Ross, sometime within the sheriffdom of Inverness and now within the sheriffdom of Ross, upon the resignation of the said Donald Bain of Tulloch and Roderick Bain in Easter Drynie, respectively, and whereby his majesty, for the good and many services done and performed by the said Donald Bain of Tulloch, and his predecessors, to his majesty and his predecessors, and for certain other onerous causes, good respects and considerations moving his majesty thereto, of his highness's certain knowledge and proper motive, has granted a novodamus of the foresaid whole lands, mills, forests and others above-written with the pertinents, with all right his majesty has or may pretend thereto, and has erected the same in a free barony, called the barony of Tulloch, ordaining the manor place thereof to be the principal messuage where, or upon the ground of any other part of the said barony, a sasine is to be taken for the whole in all time coming; to be held of his majesty and his successors in free barony, fee and heritage for ever, for payment for all and sundry the foresaid towns and lands of Tulloch, Bellafreis, Strathskea and forest of Strathrannoch, with the manor place of Tulloch, houses, biggings, yards, orchards and pertinents of the foresaid whole lands, and for all and whole the said mill of Insch, with the astricted multures of the said towns and lands of Davachcairne, Wester Drynie, Tulloch, Bellafreis, Strathskea, Glacks, Meikle and Little Kinardies, with the pertinents, sucken, knaveships and other duties and services of the said lands due to the said mill as astricted thereto, and dissolved from the mill of Ussie, as also, for all and whole the said mill of Ussie, with the croft and alehouse thereof, together with the astricted multures and sucken of the said lands of Drumglust, Tollie and Brahan, and all other duties and multures used and wont pertaining to the said mill, all lying as said is, the sum of £18 4s usual Scots money at the feasts of Whitsunday [May/June] and Martinmas [11 November] by equal portions, together with four bolls of bear and meal, together also with a mart and two reek hens,² at the terms used and wont in name of feu ferm, and the heirs of the said Donald Bain of Tulloch doubling the said feu ferm duty the first year of their entry to the said lands, as use is, and building and upholding upon the said lands a sufficient mansion, with whole chamber, kitchen, barn, byre, yards, orchards, dovecots and other ornaments necessary corresponding to the ground, and for all and whole the foresaid lands of Easter Drynie, with the pertinents, the rights and services used and wont, and in place thereof the taxed ward duties respectively underwritten, namely, the sum of £12 Scots money yearly, at the terms of Whitsunday and Martinmas by equal portions, during the ward and non-entry, as much for the relief and the sum of £24 money foresaid for the marriage of the heir, when and however often the same shall happen to fall, to which his majesty has been graciously pleased, by the said charter, to tax the said ward, non-entry, relief and marriage respectively of the said lands of Easter Drynie, in all time coming, and with dispensation to the heirs to enter to the said lands, notwithstanding of their minority, in all time thereafter, and whereby his majesty promised in the first word to ratify the said charter and infeftment containing the said change of holding from simple ward to taxed ward, in his majesty's next parliament, and required the estates of parliament to ratify the same accordingly, in manner at length specified in the said charter, with the precept of sasine therein contained and instrument of sasine following thereupon, in the whole heads, clauses, obligements, conditions, tenors and contents thereof. And his majesty and estates of parliament foresaid, will, decree and ordain the said general ratification to be as valid, effectual and sufficient to the said Donald Bain of Tulloch, and his foresaids, as if the said charter, precept and instrument of sasine generally above-ratified were herein word for word at length inserted and engrossed; with the which and with all other exceptions or objections that may be moved, proposed or alleged against the validity of the said ratification, his majesty and estates of parliament, for them and their successors, have dispensed and hereby dispense for ever.