[1594/4/74]¹

Act in favour of [Dame Annabelle Murray], countess of Mar

The king's majesty and estates of this present parliament make void and annul a decreet allegedly given and pronounced by his majesty at Dumfries on 8 June the year of God 1588, or of whatsoever date or dates, with all that has followed or may follow thereupon, by the which his majesty decreed, declared and pronounced Harry Lindsay, fiar of Kinfauns, William Stewart of Seaton and James Scott of Balbirne and William Scott of Abbotshall, their cautioners and sureties, their executors and successors to be freed, exonerated and discharged of diverse and sundry mails, ferms and duties intromitted with and taken up by time from the tenants and possessors of the lands and lordship of Brechin, fishings and others, and of their intromission therewith in whole or in part of the crop and year of God 1584 pertaining to Dame Annabelle Murray, countess of Mar and of all action that may be moved or that has been moved against them or any of them relating thereto, with all acts of caution, decreets and others whatsoever made and given concerning the same, and all and whole contents thereof as the same of the date foresaid at more length purports. Because the said decreet arbitral was pronounced by his majesty upon 8 June the year of God etc. 1588, being then occupied in the public affairs concerning the estate and quietness of this realm, and wrongfully informed of the said Harry Lindsay and others having no other right nor ground but a pretended supplication given in by the said Harry Lindsay and William Stewart to the effect foresaid in the parliament held at Edinburgh on 29 July 1587, which supplication, contents and design thereof was at that time remitted by the three estates only to his majesty to take order, pronounce and decide therein according to reason, equity and good conscience, the said Dame Annabelle Murray having obtained decreet against the said persons before the lords of session in the court of appeals discerning them or either of them to pay to her the said mails, ferms and other duties of the said lands as is particularly contained in the same of the date 18 February 1586 [1587], and thereby having special interest in the said cause perfectly known to the said parties, and not being warned to the giving in of the said supplication nor remitting thereof by the three estates to his majesty as only judge arbiter, nor never being heard to use her lawful defences against the pronunciation of the said decreet arbitral as she ought to have been, according to the laws of this realm; and therefore decrees and declares the foresaid act of remission and decreet arbitral above-written following thereupon to be null and of no value in manner above-specified.