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Anent the supplication given in to his majesty's commissioner his grace and estates of parliament by Jean, countess of Annandale, now viscountess of Stormont, and David [Murray], viscount of Stormont, her spouse for his interest, against Thomas Richardson in Heck, John Richardson there, James Johnston there, James Kennedy there, Thomas Richardson there, Thomas Wright there, John Byres there, John MacKean in Greenhill, James Richardson there, John and James Wilson there, Robert Kennedy there, John MacGill there, James Wightman there, William Moffat there, John Nicolson there, John Wightman, alias Gouk there, John Wightman, alias Keats John there, John Wightman, alias Jock, there, John Wightman, alias Young, tutor there, James Carruthers there, Matthew Rae in Oxstart, John Wightman in Bush, Bessie Rae there, Adam Rae in Hightae, John Wilson there, John Richardson there, Matthew Wilson there, William Rae there, Thomas Moffat there, Matthew Rae there, Thomas Rae there, John Nicolson there, William Bartrum there, Nicoll Rae there, John Wright there, John Wilson there, John Richardson there, Robert Moffat there, James MacKean there, John Nicolson there and John Rae there, tenants and occupiers of the twenty pound lands of Lochmaben, mentioning that the said Jean, countess of Annandale is infeft in the said twenty pound land of Lochmaben and, by virtue of her right, has been in possession of the duties and rents thereof by uplifting of the same from the said tenants these many years past; likewise her husband, the deceased [John Murray], earl of Annandale, his authors and predecessors had been in peaceable and continual possession without any question or interruption and, nevertheless, the said Nicoll Rae in Hietae, Thomas Moffat there, John Wilson in Greenhill and remaining persons, possessors of the said lands, presuming, upon want of law and justice, does altogether refuse to make payment to the supplicant of her rents as heretofore they have done, seeing they could pretend no just reason to the contrary, whereby the supplicant is frustrated of her alimentary subsistence; humbly therefore, craving that the said defenders might be decreed to make payment to the supplicant and her said spouse for his interest of the respective sums of money due to them for the years libelled, conforming to an annexed list, as the supplication at more length bears. The supplicants compearing via Mr John Cunningham, advocate, their procurator who, for instructing of their charge, produced a sasine of the date 1 June 1641 granted to the deceased John, earl of Annandale, of all and whole the town and lands of Lochmaben, with the parts and pertinents thereof lying and divided in manner contained therein, as the same of the date foresaid under the subscription manual of David Muirhead, notary public, and registered in the general register of sasines upon 9 July 1641 by Mr Francis Hay, then keeper of the said register, at more length bears, together with another sasine of the date 11 December 1647, granted to the said Jean, countess of Annandale of the said lands of Lochmaben, comprehending and lying in manner therein specified, as in the same sasine containing therein several other lands of the date foresaid, under the subscription manual of James Murray, notary public, and registered in the clerk of register's register at Dumfries upon 15 December 1647, by Mr William Ramsay, depute keeper of the said register, at more length is contained; and the said defenders compearing via Mr George MacKenzie, advocate, their procurator, who produced for them a warrant or order under the hand of King James VI of the date 12 July 1592, whereby his majesty ordains the keeper of the castle of Lochmaben to desist and cease from molesting, poinding and using violence against those complainers written within, but to suffer them peaceably to occupy their rooms and possessions without any trouble and impediment, together with another order superscribed (rex) and subscribed (James) of the date the [---] day of [---] 1602, bearing these words: we understanding that our poor tenants of our proper lands and town of Hightae, Smallholm, Heck and Greenhill are and have been oppressed by the thieves and sorners of clans, but also are daily oppressed and repressed by the keepers of our castle of Lochmaben and compelled to pay several duties which their predecessors were never in use to pay, wherefore we charge you straightly and command the said constables of our said castle present and to come that you must in no way burden our poor tenants of our said proper town and lands to pay any duty or service further than they and their predecessors were in use to pay, as the said two orders of the dates foresaid at more length bears. The said estates of parliament, having heard, seen and considered the said supplication, with the sasines produced for the said supplicants and orders produced for the defenders, together with the report underwritten made and given in by the lords and others appointed for trade and bills containing therein the defences and replies argued for either party in manner after-specified (after his majesty's treasurer and advocate had seen the same for his majesty's interest and being satisfied therewith had reproduced the same) and they therewith, being well and ripely advised, his majesty, with advice and consent of his said estates of parliament, decrees and ordains the said persons, defenders particularly above-written, to make payment to the said Jean, countess of Annandale and her said spouse for his interest of the several sums of money underwritten due by them for the cause after-specified, each of them for their own parts, in manner under divided, namely, the said Thomas Richardson in Heck for his occupation of the said lands of Heck and teinds thereof possessed by him yearly, for the crops and years of God 1658, 1659 and 1660, £27 Scots money, the said John Richardson there, for his occupation of that part of the said lands possessed by him yearly the said years, £20, the said James Johnston there, for his occupation of that part of the said lands possessed by him yearly the said years, £20, the said John Byres there, for his occupation of that part of the said lands possessed by him yearly the said years, £17, the said James Kennedy there, for his occupation of that part of the said lands possessed by him yearly the said years, £17, the said Thomas Richardson, younger there, for his occupation of that part of the said lands possessed by him yearly the said years, £7, the said Nicoll Rae in Hightae, for occupation of those acres possessed by him within the lands of the ten merk lands of Heck yearly the said years, £14, more by him of teind and water silver for his occupation of that part of the lands of Hightae possessed by him for the term of Whitsunday [30 May] 1658, £44, more by him for his occupation of that part of the said lands possessed by him yearly the said years, £88, the said John Richardson and William Bartrum there, for their occupation of that part thereof possessed by them yearly the said years, £20, the said Adam Rae there, for his occupation of that part thereof possessed by him yearly the said years, £20, the said Thomas Rae there, for his occupation of that part thereof possessed by him yearly the said years, £10, the said John Wright there, for his occupation of that part thereof possessed by him yearly the said years, £14, the said William Rae there, for his occupation of that part thereof possessed by him yearly the said years, £20, the said Bessie Rae there, for her occupation of that part thereof possessed by her yearly the said years, £20, the said Matthew Rae in Oxstart, for his occupation of that part thereof possessed by him yearly the said years, £20, the said James Wightman in Smallholm, for his occupation of that part of the said lands possessed by him yearly the said years, 100 merks, the said William Moffat there, for his occupation of that part thereof possessed by him yearly the said years, £40, the said John Nicolson there, for his occupation of that part of the said lands possessed by him yearly the said years, £14, the said John Wightman, alias Gouk there, for his occupation of that part thereof possessed by him yearly the said years, 50 merks, the said John Wightman, alias Young, tutor there, for his occupation of that part thereof possessed by him yearly the said years, 50 merks, the said John Wightman, alias Jock there, for his occupation of that part thereof yearly the said years, £14, the said Thomas Moffat in Hightae, his duty and water silver for his occupation of that part of the said lands the said term of Whitsunday 1658, £44, more by him for his occupation thereof yearly the said years, £88, the said Matthew Rae, younger there, for his occupation of that part of the said lands the said term of Whitsunday 1658, £12, more by him for his occupation thereof yearly the said years, £24, the said John Wilson there, for his occupation of that part of the said lands the said term 1658, £14, more by him for his occupation thereof yearly the said years, £28, the said John Richardson there, for his occupation of the said lands and teinds the said term 1658, £10, more by him yearly the said years, £20, the said Robert Moffat there, for his occupation of the said lands and teinds the said term of Whitsunday 1658, £15, more by him for his occupation thereof yearly the said years, £30, the said John Nicolson there, for his occupation of that part of the said lands possessed by him the said term of Whitsunday 1658, £15, more by him for his occupation thereof yearly the said years, £30, the said James MacKean there, for his occupation of the said lands possessed by him the said term of Whitsunday 1658, £15, more by him for his occupation thereof yearly the said years, £30, the said John Rae there, for his part of the said lands possessed by him for the said term of Whitsunday 1658, £16, more by him for his occupation thereof yearly the said years, £32, the said John Wilson in Greenhills, for his occupation of that part of the said lands of Greenhills possessed by him of bygone rents and teind silver yearly and each year the said years 1658, 1659 and 1660, 50 merks, the said James Wilson there, for his occupation of that part of the said lands possessed by him yearly the said years, £24, the said Robert Kennedy, for his occupation of that part of the said lands possessed by him yearly the said years, 50 merks, the said John MacGill for his occupation of that part of the said lands yearly the said years, £17, the said James Richardson there, for his occupation of that part of the said lands possessed by him yearly the said years, £20, the said John MacKean there, for his occupation of that part of the said lands possessed by him yearly the said years, £20, the said Matthew Wilson in Hightae, for his occupation of that part of the said lands of Hightae possessed by him of the said term of Whitsunday 1658, £25, more for his occupation of the said lands and teinds possessed by him yearly and each year the said years, £50 and the said James Carruthers in Smallholm, for his occupation of that part of the said lands possessed by him yearly the said years, £36 and of teinds yearly the said years, £18; and also ordains the said tenants, defenders above-named, and each of them to get deduction of their cess as other tenants in the country gets.
Because the said commissioners appointed for trade and bills, upon consideration of the said supplication, having called both parties before them who, compearing through their procurators above-named, it was alleged for the said defenders: 1. That there could be no process against all the tenants contained in the execution because there was no warrant to summon them all, the said Mr John Cunningham, procurator foresaid for the supplicants, argued the warrant and executions thereof. 2. The said Mr George MacKenzie, for the defenders, alleged no process because there was no title produced; to which it was replied for the supplicants, that they argued in favour of the sasines above-written produced for them. 3. It was further alleged for the defenders that no process could pass against them but before the exchequer because they are the king's tenants and are not convenable before any other court by act of parliament in the year 1640. To the which it was replied for the supplicants: [1.] That they argued their libel bearing them to be the supplicants' tenants and the sasines produced provided with sixty years' possession and above, and the said defenders had been in use to be convened before the supplicant and her said deceased husband's baron courts. 2. That the foresaid act of parliament comprehends all judicatories within itself and is most competent for all kinds of causes. It was further alleged for the defenders that the said whole duties libelled could not be paid in respect the defenders had paid and advanced the cess which ought to be allowed to them, and that the duties libelled are greater than these which their predecessors paid. To the which it was replied for the supplicants that the duties libelled are no more than the defenders were in use to pay the years bygone, and that the supplicant is content that they have allowance of their cess as other tenants in the country gets.
The said commissioners for trade and bills, having considered the said supplication with the list annexed thereto as a part thereof, two sasines produced for the supplicant for instructing her interest, and two orders above-written produced for the said tenants, and whole dispute argued for either party in manner aforesaid, conceived that (notwithstanding of what is alleged for the defenders seeing they are all summoned, personally apprehended and that the supplicants referred the yearly duty to their oaths) they should be all held as confessed and decreed to make payment to the supplicant and her said spouse for his interest of the mails and duties above-written, for the crops and years above-specified, and that they ought to have deduction of their cess as other tenants in the country gets. Which report, being this day considered by his majesty's commissioner and estates of parliament, they approved the same report, held the said defenders as confessed upon the quantities libelled, and gave their decreet in manner above-written, and ordains letters etc.