Act anent removeing and extinguischeing of deidlie feidis

Oure soverane lord and estaitis presentlie convenit, for removeing of the present feidis that aboundis within this realme, findis it meit and expedient that the pairties be chargeit to compeir befoir his hienes and secreit counsall at sic dayis as salbe thocht expedient to submit to tua or thrie freindis on ather syde, or to subscrive ane submissioun formit and send be his majestie to thame to be subscryvit, quhilkis freindis, be thair acceptatioun, salbe bundin ather to decerne within the space of threttie dayis eftir they haif acceptit, or ells to agrie at thair first meitting on ane ovrisman quha sall decerne within that space; quhilk gif thay can not do, thay sall within the foirsaid threttie dayis report the groundis and causes of thair disagrieance to his majestie and sic speciallis of his counsall as his hienes sall find least partiall and suspect, quhais majestie, be the advyse of the estaitis heir present, is declairit to be ovrisman in that mater; and failyeing that the freindis, arbitratouris, ather decerne or report not within the foirsaid space efter thair acceptatioun, everie ane of thame be the authoritie of this present act to incur the pane of ane thowsand pundis to be employit to his majesties use. And becaus all feidis ar ane of thir thrie natures, namelie: that thair is ather na slauchter upoun nather syde, or slauchter upoun ane syde onlie, or ells slauchter upoun bayth sydis, the pairties in the first may be commandit to agrie, dew satisfactioun being offerit and performit at the sycht of thair freindis and ovrisman in maner foirsaid; quhair thair is slauchter upoun baith sydis, his majestie may be rigour and equalitie of justice compell thame to agrie, dew satisfactioun being maid on ather syde according to the qualitie of the offence and personis offendit; quhair the slauchter is onlie on the ane syde, the pairtie grevit can not refuis in ressoun to submit in maner foirsaid all querrell he can beir to ony persoun innocent, justice being maid patent to him aganis the giltie, speciallie he being ordanit be this present act to persew nane uther bot the giltie and that be law; and the pairtie sua persewit not to beir querrell for it bot to defend in lauchfull maner, and that all querrell sall ceis aganis sic as salbe lauchfullie persewit in this forme, ather be thair convictioun and executioun be law or utherwyis be their clengeing and agriement. That all persounis being of perfyte age and within the cuntrie haifing entres to persew ony pairtie for crymis capitall sall, within fourtie dayis eftir the publicatioun of this present act at the heid burgh of the schyre quhair the persewar duellis, raise and caus execute their lettrez in the said mater and insist in the persute thairof; with certificatioun to sic as failyeis, that their actioun sall perische, expyre and be extinct, and the said persewar salbe compellit to submit his actioun in maner abone specifeit; reserveand alwyis to his majestie his actioun as accordis of the law, provyding that gif the said persewar satisfie the ordinance of this present act and be delayit ather be ane continewatioun of the dyet be warrand of the prince or be the dilatour defenses proponit be the pannell for eludeing of the finall tryell of the persute, in that cace the prescriptioun nawyis to ryn aganis the persewar, haifing done his possibill diligence in maner foirsaid. And becaus the giltines of crymes consistis not onlie in the persoun of the actuall committeris thairof bot also in the authoris, causaris and movaris of the same to be committit quha ar airt, pairt and giltie of the said fact quhairof na publict knawledge nor certane tryell is had, his majestie and estaitis, nawyis willing that nether the authoris or actoris of sic heynous cryme eschaip the dew punischment throw obscuritie and laik of publict knawledge thairof, declairis that the pairties offendit doand their diligence as said is aganis the actuall and knawin committeris of the saidis crymis and satisfeand this act anent thair reconciliatioun with all uther personis sall nawyis be prejudgit of thair actioun competent aganis sic personis of quhais giltines they sall heirefter get knawledge, provyding that they sall beir na feid aganis the saidis suspect personis quhill first efter sufficient informatioun obtenit thay raise their lettres for summounding of the saidis pairties to undirly the law and ather mak thame fugitive or utherwyis obtene the persute decydit. And forder that the prescriptioun of this present act sall nawyis ryn aganis ony pairtie quhais actiounis ar alreddy submittit to ane langer day nor is prescryvit in this act, provydeing that the pairtie do his diligence in maner abonewrittin within fourtie dayis eftir the expiring of the said submissioun. And to the intent that justice be na occasioun to breid forder trouble, everie pairtie sall cum to the town accumpanyit allanerlie with tuentie four personis, quhair baith they and thair cumpany sall keip their ludgeing to the hour of caus; at the quhilk first the ane and syne the uther salbe brocht out be the town in armes accumpanyeit fra thair ludgeing to the bar, with the number prescryveit to thair rank be act of parliament, the contravenear quhairaf gif he be persewar sall tyne his persute in all tyme cuming; and gif he be defendar, he salbe denuncit rebell as presumeit giltie and refuissand lauchfull tryell. And for the staying of all deidlie feidis in tyme to cum quhair thair is na caus nor querrell gevin as yit, it sall not be lauchfull to the persewar to invaid, persew, beir feid or querrell aganis ony freind of the offender innocent and not accusit and convict of the cryme under the pane of tinsell of his actioun and persute aganis the giltie and to be compellit to submit with the offendaris selff, reserveand awyis to his majestie his action aganis him for the cryme. Lyk as the freindis of the giltie persoun being convict and fugitive fra the law sall not beir querrell for his persute be law, nether mantene, supplie nor resset him under the panes contenit in the act aganis ressettaris of fugitives and rebellis. And in case ony of the freindis of the giltie persoun resset him in contempt of this present act and utheris his hienes lawis, the pairtie grevit, assistit with his hienes advocat, sall onle persew the ressettar be ordour of law without convocatioun, feid, grudge or querrell to be borne aganis him thairfoir, utherwyis under the pane of tinsell of his said lauchfull actioun in all tyme cuming. And to this ordour befoir specifeit, the haill nobilitie and estaittis heir present haif gevin thair approbatioun and assent and sworne to conforme thame thairto in all feidis quhilk sall fall out in tyme to cum. And this present act nawyis to militat in sic cace quhair the pairtie offendar is denuncit rebell or salhappin heirefter to be fugitive and put to the horne for slauchter or uther odious capitall crymis during the tyme of thair rebellioun. And to the intent thir present articles may haif the better effect and be the mair willinglie embraceit be his majesties haill subjectis, his hienes, of his proper motive and gratious inclinatioun to justice, quyetnes and weill and of his peopill, solempnitlie declairit and faythfullie promittit in presence of the said conventioun that for slauchter and uther odious crymes to be heirefter committit his hienes sall grant na respett, remissioun, pardoun or ovirsycht at ony tymes heireftir albeit the pairties transact and agrie amang thame selfis till the inveterat and dampnable custume of the saidis heynous crymes be ruittit out and altogidder supprest. Quhilkis articles abonewrittin in the haill heidis and pointis of the same oure soverane lord and estaittis foirsaidis presentlie convenit ratifeis, apprivis and confeirmis and ordanis the samyn to haif the strenth, force and effect of ane law be the authoritie of the estaittis presentlie convenit, and that lettres of publicatioun and executorialls pas heirupoun for the better observatioun heirof at the nixt parliament; at the quhilk tyme, his hienes, with advyse foirsaid, promeises to ratifie and caus the samyn be ratifeit as ane act of parliament and perpetuall law in all tyme cuming. Sic subscribitur, James Rex.

  1. NAS, PA8/1, f.1v-2v. Back