1st Duke of Gordon

IS
ing appeared, the said Earle of Aboyne did give in
severall reasons why there should not be a re.
valuation. And particularly because by ye sig-
natur granted to him ye same was burdened with
no other condition bot only yes, viz., That if after
tryeall to be taken by His Majestie's Councill it
should be found that the saides landes and others
should exoeid four hundreth poundes sterling per
annuim, that then the said Earle of Aboyne should
resigne in His Majestie's hande6 for the Marquis
his behove the said overplus, and that betwixt
and the twenty-4'yft of December 1665 : conform to
which power the Council! did commissionat
severall most understanding gentlemen upon whose
report after they had taken tryeall the solemne.
oaths of a great many -witnesses, the Councill did
find that all the landes and others contained in
the signature did bot extend to three hundreth
and sextie-thrie poundes nyne shilling sexpence
sterling money, and that without deduction of
what annuities of teindes the saids lands should
pay: Vpon which signature and judiciall procedor
the said Earle is iufeft by charter and sasine and
hes b&in severall yea-res in possession of these
landes. And albeit these landes should be found
yearlie more then ffour hundreth poundes ster-
ling, yet they could not be changed seing the said
gift supposes that he hes the undoubted right of
the landes, otherwyse it could not appoint him to
resigne, and that now the said Earle is in the case
of ane absolute disposition seing the only condi-
tion vnder which the landes are disponed is puri-
fied: in respect the Privy Councill before the
day prefixed have reported the landes to be of
a yearly value within ffour hundreth poundes
sterling : so that the Earle his case is stronger, ho
haveing the decreit of a soveraigue court given
vpon the depositions of witnesses taken vpon oath,
so that albeit the depositions of the witnesses may
be quarrelled as false and unproven, and the de-
poners furnished, yet the Earle's right cannot be
quarrelled. And as to the woodes, forrests, and
reversions, seing they are all erected in ane Earle-
dom, which is nomen vniversitatis, they are in-
cluded therein. And as to the matter of fact, if
it were not to avoyd trowble and a prejudice to
subject the Earle's right to a new valuation, he
might easily take off all these informations. And
if they had any just grounds, they should have
bein at first quarrelled, for, if now a valuation
should be granted, there might be progressus in
infinitum.
To which it being answered for the said Mar-
quis, 1. That it is clear by the Earle of Aboyne
his owne signatur, and the King's letter to the'
Privy Council] that His 'Majestie did only intend
to settle upon the Earle of Aboyne alse many
landes which formerly did belong to the hous"
of Huntley as should be worth yearly rent ffour