[1581/10/63]¹

Act concerning the debatable cause between the Gordons and Forbeses

Concerning the supplications presented to the king's majesty and lords of articles of this present parliament by George [Gordon], earl of Huntly, lord Gordon and Badenoch, son and heir of the late George [Gordon], earl of Huntly, that last departed, for himself and the rest of his kin, friends and servants, dependants on his house, requiring the whole actions of plunder, depredations and demolitions contained in the precepts and claims of William [Forbes], lord Forbes, John [Forbes], master of Forbes, his son, their adherents whatsoever, as committed against the tenor of the abstinence concluded and agreed on 2 July 1572, to be declared to be extinguished, expired and proscribed in all time coming according to the tenor of the pacification, and the said William, lord Forbes, John, master of Forbes, their adherents and others aforesaid, never to be heard to pursue and weaken the same in time coming; and likewise desiring that command may be given to the lords of session to proceed and administer justice in the cause pursued by the said Earl of Huntly and his father's brother against the said lord and master of Forbes and certain others of their surname and dependants on the house of Forbes, for removing from the lands and baronies of Keig and Monymusk, according to the warnings made before the feast of Whitsunday [10 June] 1576, notwithstanding the act of parliament purchased by the said lord and master and their adherents at the last parliament held at Edinburgh on 11 November 1579, discharging the lords of session of all proceeding in the same cause to the time decreets were pronounced in the said actions pursued for the plunder and depredations allegedly done after the time of the abstinence, which act tends only to the frustration of justice, the said Earl of Huntly and his father's brother, whom it concerned in special, and who might have answered and informed his highness and his estates thereupon, never being called thereto nor heard therein, as at more length is contained in the said supplications; our sovereign lord, with advice of his three estates in this present parliament, decrees and declares that the said pacification shall stand firm and inviolable in favour of the said Earl of Huntly, his kin, friends, servants and dependants on his house, and that the whole actions of plunder, depredations and demolitions contained in the precepts and claims of William, lord Forbes, John, master of Forbes, his son, their dependants and others above-written, against the said Earl of Huntly, his father's brother, his kin, friends, servants and dependants on his house, as committed against the tenor of the said abstinence, are and shall be extinguished, expired and proscribed in all times coming hereafter, and the said lord and master of Forbes, their adherents and others aforesaid never to be heard to pursue and revive the same in any time coming; and likewise declares and decrees the act of parliament purchased by the said lord and master of Forbes, their kin and adherents in the parliament held at Edinburgh on 11 November 1579, to be expired and extinct in all times hereafter, which act discharged the lords of council and session to proceed in the cause of removing of the said lord and master and their friends from the lands and barony of Keig and Monymusk until decreets were pronounced in the actions of plunder, depredations and demolitions pursued by the said lord, master and their friends against the said Earl of Huntly, his father's brother and others aforesaid; and yet his majesty and three estates in this parliament, considering that the debatable cause, deadly feuds and controversies between the said parties are not yet removed and taken away, to the said submission made to that effect, the time thereof being expired, his highness's good will and intention remaining to have the same yet done, has therefore thought suitable, by advice of his said estates, that all the debatable causes, deadly feuds and controversies between the said parties shall be submitted of new to certain friends on either side, according to the which his m[ajesty's]² pleasure and good meaning in the self so godly and reasonable, the said parties have presently submitted their said whole quarrels, deadly feuds and cause debatable, as well criminal as civil, that have fallen out and happened between them since 1 November [...] to the day and date of this act, to certain their friends on either side, that sentence, decreet arbitral and deliverance may be pronounced thereupon between now and 1 February 1582; and in case any variance result upon the premise, through which the said noblemen shall not happen to appoint and agree amongst themselves, then they shall report in presence of his majesty and his 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 such 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 pronounced at the furthest between now and 10 March 1582; which day being past and the said cause into both civil and criminal not being determined and decided by the submission aforesaid, in that case either of the said parties shall have place to pursue others for whatsoever cause, except such as are taken away by this present act and the pacification aforesaid, which our sovereign lord ordains to have full effect in all time coming.