[1581/10/64]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and his estates convened in this present parliament, considering that the deadly feuds, quarrels and controversies between his highness's subjects and the surname of Gordon and Forbes and their partakers are not yet removed and taken away by the former submission made to that effect, the time thereof being now expired and his highness's good will and intention remaining to have the same yet done, has therefore thought fit, by advice of his said estates, that the said debatable cause, deadly feuds and controversies shall be submitted of new to certain friends on either side, according to the which his majesty's pleasure and good will remaining, being in the self so godly and reasonable, a noble and mighty lord George [Gordon], earl of Huntly, lord Gordon and Badenoch, with express consent and assent of John Gordon of Lochinvar and Patrick Gordon of Auchindoun, curators to the said earl, for their interest, for themselves and taking the burden on them for the whole kin, friends, servants and partakers of the said Earl of Huntly, on the one part, and a noble lord William [Forbes], lord Forbes, and John [Forbes], master of Forbes, his son and apparent heir, for themselves and taking the burden on them for the whole kin, friends, servants and partakers of the said Lord Forbes, on the other part, have submitted and, by the tenor hereof, submit all quarrels, deadly feuds and cause debatable, as well criminal as civil, that have fallen out and happened between them since 1 September 1571, to the persons underwritten: they are to say, for the part of the said Earl of Huntly, his name, friends and partakers aforesaid, Robert [Pitcairn], commendator of Dunfermline, secretary to our sovereign lord, Mark [Kerr], commendator of Newbattle, and Alexander Hay [of Easter Kennet], clerk register; and for the part of the said lord and master of Forbes, their name, friends and partakers, George [Keith], earl Marischal, Patrick [Lindsay], lord Lindsay of the Byres and Master James Haliburton, provost of Dundee; which persons chosen for both the said parties shall convene here and determine the said debatable cause, deadly feuds and controversies in the king's majesty's presence where his highness shall happen to be for the time, upon such day or days as his highness and the said lords being with his majesty shall appoint, so that always their sentence, decreet arbitral and deliverance shall be pronounced between now and 10 February 1582; and in case any variance results upon the premise, through which the said arbiters shall not happen to agree and appoint amongst themselves, then they shall report in presence of his majesty and council the matters and points wherein the variance stands, through which his highness, as arbitrator and oversman commonly chosen by both the said parties, with advice of so many of his privy council as he shall elect and call to him, may give final decision toward the said deadly feuds and controversies, whereupon decreet shall be pronounced between now and 10 March 1582. Moreover, both the said parties shall deliver these claims if any further they have than is already given to the clerk of secret council between now and 10 December 1581, which being interchangeable, delivered again to the parties, they shall make and deliver their answers henceforth to the said clerk within ten days thereafter; and whatever the said judges, arbiters and amicable compositors, in one voice or the most part of them in one voice, being convened in equal number in his majesty's presence as said is, or in case of variance his majesty, with advice as said is, pronounce, decreet and deliver in the premises amicably both the said parties, for themselves and taking the burden on them as said is, shall abide, underlie and fulfil the same to others without appellation, reclamation or contradiction whatsoever. Moreover, both the said parties, for themselves and taking the burden on them as said is, are content and consents that the assurance already taken and agreed upon to stand between them to 1 April 1582 shall remain and yet continue to 1 June 1582, which they promised to observe and keep inviolate in any point, under the pains contained therein. Moreover, both the said parties are content and consents that this present compromise and submission, with the decreet arbitral that shall happen to be pronounced and given thereupon, be acted and registered in the books of privy council and session, to have the strength of an act and decreet of the lords thereof, and that letters and executorials be directed thereupon in the appropriate form, and, for acting and registering of the same in the said books, has made, constituted and ordained jointly and separately in greater form, promising ratification; in witness of the which thing both the said parties and arbiters in taking of their acceptance to this present compromise in and upon them, as also our sovereign lord has subscribed this act with their hands as follows, at [...] on 28 November 1581.