[1587/7/93]¹

Act between [Annabella Murray], countess of Mar, Harry Lindsay of Careston and William Stewart of Seton

²Concerning the supplication presented and given in to our sovereign lord and estates of parliament by Harry Lindsay of Careston and William Stewart of Seton, making [mention]³ forasmuch as in the parliament held at Linlithgow in December 1585, his majesty, considering the great calamities that followed within this realm since his highness's coronation through the civil troubles, and willing to put the same to quietness and to establish a universal peace and tranquillity amongst his lieges, ordained all persons who were dispossessed of their lands and livings by the said troubles to be restored and repossessed thereto, notwithstanding of whatsoever decreet or sentence intervening that might appear to impede the full effect of the said repossession, with express provision and limitation that the mails, ferms, profits and duties of lands, possessions, tenements, benefices and pensions, teinds, the escheated goods of penalties coming in his highness's hands and already lifted should remain with the intromitters therewith. Nevertheless, since sundry persons, his majesty's true and faithful subjects, their cautioners and sureties, have been called, convened and troubled for restitution of the mails, ferms, profits and duties of sundry lands and others intromitted with and taken up by them the time of the said troubles, and by occasion thereof, at his majesty's own command, and in his name by special factories and powers granted to that effect under pretence of general acts of caution found to make the same forthcoming as law will; for remedy whereof, desiring our sovereign lord, with advice of the three estates of this present parliament, to decree and declare all and sundry his highness's subjects and servants who, by themselves or others in their names, intromitted with any ferms, mails, profits and duties of lands, mills, fishings, rooms or possessions by his highness's letters of factory, commission, power and command during the time of the troubles, their cautioners and sureties whatsoever, to be in all times coming free and exonerated thereof simply and of all intromission therewith and in no way to be accountable thereof, neither to be restricted to make the same forthcoming in any way, notwithstanding whatsoever acts of caution, decreets or others intervening or that has followed or may follow thereupon; and that the said act be specially extended to his majesty's domestic servants, Harry Lindsay of Careston and William Stewart of Seton, for all mails, ferms, profits and duties intromitted with by them, their servants and others in their names, of the lordship of Brechin, lands, fishings, yards and others belonging thereto pertaining to [John Erskine], earl of Mar or Dame Annabella Murray, countess of Mar, of the crop and year of God 1584, desiring our said sovereign lord to declare the same to have been intromitted with by the said Harry Lindsay and William Stewart at his majesty's special command, by his highness and his comptroller's factory and power granted to that effect, and that therefore they and their cautioners be free, exonerated and discharged thereof and of all acts and decreets following thereupon simply forever, as at more length is contained in the said supplication. Which being heard, seen and considered by the estates of parliament in presence of his majesty, and they therewith being ripely advised, the three estates of this present parliament remit the aforesaid supplication, contents and desire thereof so far as concerns the part of the said Harry Lindsay and William Stewart only to the king's majesty, to take order, pronounce and decide therein according to reason, equity and good conscience, and howsoever his majesty shall determine and pronounce therein, the same to have as great force and effect as if it had been decreed and ordained by his highness, with advice and consent of the said three estates in this present parliament.⁴