[1598/6/2]¹

Act regarding removing and extinguishing of deadly feuds

Our sovereign lord and estates presently convened, for removing of the present feuds that abound within this realm, finds it fit and expedient that the parties be charged to compear before his highness and secret council at such days as shall be thought expedient to submit to two or three friends on either side, or to subscribe a submission formed and sent by his majesty to them to be subscribed, which friends, by their acceptance, shall be bound either to submit within the space of 30 days after they have accepted, or else to agree at their first meeting on an arbiter who shall decide within that space; which if they cannot do, they shall within the foresaid 30 days report the grounds and causes of their disagreement to his majesty and such councillors of his council as his highness shall find least partial and suspect, whose majesty, by the advice of the estates here present, is declared to be arbiter in that matter; and failing that the friends, arbitrators, either submit or report not within the foresaid space after their acceptance, every one of them by the authority of this present act to incur the pain of £1,000 to be employed to his majesty's use. And because all feuds are one of these three natures, namely: that there is either no slaughter upon either side, or slaughter upon one side only, or else slaughter upon both sides, the parties in the first may be commanded to agree, due satisfaction being offered and performed at the sight of their friends and arbiter in manner foresaid; where there is slaughter upon both sides, his majesty may by rigour and equality of justice compel them to agree, due satisfaction being made on either side according to the quality of the offence and persons offended; where the slaughter is only on the one side, the party grieved cannot refuse in reason to submit in manner foresaid all quarrel he can bear to any person innocent, justice being made patent to him against the guilty, especially if he being ordained by this present act to pursue none other but the guilty and that by law; and the party so pursued not to bear quarrel for it but to defend in lawful manner, and that all quarrel shall cease against such as shall be lawfully pursued in this form, either by their conviction and execution by law or otherwise by their clearing and agreement. That all persons being of perfect age and within the country having interest to pursue any party for crimes capital shall, within 40 days after the publication of this present act at the head burgh of the shire where the pursuer dwells, raise and cause execute their letters in the said matter and insist in the pursuit thereof; with certification to such as fails, that their action shall perish, expire and be extinct, and the said pursuer shall be compelled to submit his action in manner above-specified; reserving always to his majesty his action according to the law, providing that if the said pursuer satisfy the ordinance of this present act and be delayed either by a continuation of the diet by warrant of the prince or by the dilator defences proposed by the accused for annulling the final trial of the pursuit, in that case the prescription in no way to run against the pursuer, having done his possible diligence in manner foresaid. And because the guiltiness of crimes consists not only in the person of the actual committers thereof but also in the authors, originators and movers of the same to be committed who are accessory to and guilty of the said fact whereof no public knowledge nor certain trial is had, his majesty and estates, in no way willing that neither the authors or actors of such heinous crimes escape the due punishment through obscurity and lack of public knowledge thereof, declares that the parties offended doing their diligence as said is against the actual and known committers of the said crimes and satisfying this act regarding their reconciliation with all other persons shall in no way be prejudiced of their action competent against such persons of whose guiltiness they shall hereafter get knowledge, providing that they shall bear no feud against the said suspect persons until first after sufficient information obtained they raise their letters for summoning of the said parties to underlie the law and either make them fugitive or otherwise obtain the pursuit decided. And further that the prescription of this present act shall in no way run against any party whose actions are already submitted to a longer day than is prescribed in this act, providing that the party do his diligence in manner above-written within 40 days after the expiring of the said submission. And to the intent that justice be no occasion to breed further trouble, every party shall come to the town accompanied only with 24 persons, where both they and their company shall keep their lodging to the hour of cause; at the which first the one and afterwards the other shall be brought out by the town in arms accompanied from their lodging to the bar, with the number prescribed to their rank by act of parliament, the contravener whereof if he be pursuer shall forfeit his pursuit in all time coming; and if he be defender, he shall be denounced rebel as presumed guilty and refusing lawful trial. And for the staying of all deadly feuds in time to come where there is no cause nor quarrel given as yet, it shall not be lawful to the pursuer to invade, pursue, bear feud or quarrel against any friend of the offender innocent and not accused and convicted of the crime under the pain of forfeiture of his action and pursuit against the guilty and to be compelled to submit with the offender's self, reserving always to his majesty his action against him for the crime. Likewise the friends of the guilty person being convicted and fugitive from the law shall not bear quarrel for his pursuit by law, neither maintain, supply nor shelter him under the pains contained in the act against harbourers of fugitives and rebels. And in case any of the friends of the guilty person shelter him in contempt of this present act and others of his highness's laws, the party grieved, assisted with his highness's advocate, shall only pursue the harbourer by order of law without convocation, feud, grudge or quarrel to be borne against him for that, otherwise under the pain of forfeiture of his said lawful action in all time coming. And to this order before-specified, the whole nobility and estates here present have given their approbation and assent and sworn to conform them thereto in all feuds which shall fall out in time to come. And this present act in no way to militate in such case where the party offender is denounced rebel or shall happen hereafter to be fugitive and put to the horn for slaughter or other odious capital crimes during the time of their rebellion. And to the intent these present articles may have the better effect and be the more willingly embraced by his majesty's whole subjects, his highness, of his proper motive and gracious inclination to justice, quietness and welfare and of his people, solemnly declared and faithfully promised in presence of the said convention that for slaughter and other odious crimes to be hereafter committed his highness shall grant no respite, remission, pardon or oversight at any times hereafter albeit the parties transact and agree among themselves until the inveterate and damnable custom of the said heinous crimes be rooted out and altogether suppressed. Which articles above-written in the whole heads and points of the same our sovereign lord and estates foresaid presently convened ratify, approve and confirm and ordain the same to have the strength, force and effect of a law by the authority of the estates presently convened, and that letters of publication and executorials pass hereupon for the better observation hereof at the next parliament; at the which time, his highness, with advice foresaid, promises to ratify and cause the same be ratified as an act of parliament and perpetual law in all time coming. It is thus subscribed, James Rex.