The Lordship and Barony of Hailes remained in the Hepburn family until 20 December 1567 when it was forfeited to the Parliament of Scotland by James Hepburn, 4th Earl of Bothwell. On 1 October 1594, it was granted to Sir Walter Scott, 1st Lord Scott of Buccleuch, remaining with the Scott family until around the time of the Cromwellian invasion of Scotland in 1650 when it came into the possession of the Earls of Winton. In 1692, the Lordship and Barony of Hailes was disponed by James Melville of Halhill to Sir David Dalrymple, advocate and remained in the Dalrymple family until 1876 when it was transferred to A.J. Balfour (later created The 1st Earl of Balfour).