[1581/10/63]¹

Act anent the debetable caus betuix the Gordonis and Forbes

Anent the supplicatiounis presentit to the kingis majestie and lordis of articles of this present parliament be George, erll of Huntlie, lord Gordoun and Badyenout, sone and air of umquhile George, erll of Huntlie, that last depairtit, for him self and the rest of his kin, freindis and servandis dependaris on his hous, requiring the haill actionis of spuilye depredationis and demolitionis contenit in the preceptis and clames of Williame, lord Forbes, Johnne, maister of Forbes, his sone, thair adherentis quhatsumever, as committit aganis the tenour of the abstinence concludit and aggreit upoun the secund day of July 1572, to be declarit to be extinguisit, expyrit and prescrivit in all tyme cuming according to the tennour of the pacificatioun, and the saidis Williame, lord Forbes, Johnne, maister of Forbes, thair adherentis and utheris foirsaidis, nevir to be hard to persew and walkin the samyn in tyme cuming; and likwys desyring that command may be gevin to the lordis of sessioun to proceid and minister justice in the caus persewit be the said Erll of Huntlie and his fader brother aganis the saidis lord and maister of Forbes and certane utheris, thair surname and dependaris on the hous of Forbes, for removing fra the landis and baroneis of Keig and Monymusk, according to the warnyngis maid befoir the feist of Witsounday 1576 yeiris, notwithstanding the act of parliament purchest be the saidis lord and maister and thair adherentis at the last parliament haldin at Edinburgh, the xj day of November 1579 yeris, dischargeing the lordis of sessioun of all proceiding in the same caus unto the tyme decreittis wer pronunceit in the saidis actionis persewit for the spuilyeis and depredatiounis allegeit done efter the tyme of the abstinence, quhilk act tendis only to the frustratioun of justice, the said Erll of Huntlie and his father brether, quhome it concernit in speciall, and quha mycht have answerit and informit his hines and his estaitis thairanent, nevir being callit thairto nor hard thairin, as at mair lenth is contenit in the saidis supplicatiounis; oure soverane lord, with advise of his thre estatis in this present parliament, decernis and declaris that the said pacificatioun sall stand firme and inviolable in favouris of the said erll of Huntlie, his kin, freindis, servandis and dependaris on his hous, and that the haill actionis of spuilyeis, depredatiounis and demolitionis contenit in the preceptis and clames of Williame, lord Forbes, Johnne, maister of Forbes, his sone, thair dependaris and uthers above writtin, aganis the said Erll of Huntly, his father brether, his kin, freindis, servandis and dependaris on his hous, as committit aganis the tenour of the said abstinence, ar and salbe extinguisit, expyrit and prescrivit in all tymes cuming heirefter, and the said lord and maister of Forbes, thair adherentis and utheris foirsaidis nevir to be hard to persew and walkin the same in ony tyme cuming; and siclike declaris and decernis the act of parliament purchest be the said lord and maister of Forbes, thair kin and adherentis, in the parliament haldin at Edinburgh, the xj day of November 1579 yeris, to expyre and be extinct in all tymes heirefter, quhilk act dischargeit the lordis of counsale and sessioun to proceid in the caus of removing of the said lord and maister and thare freindis fra the landis and barony of Keig and Monymusk ay and quhill decreittis wer pronunceit in the actionis of spuilye, depredatiounis and demolitionis persewit be the said lord, maister and thair freindis aganis the said Erll of Huntlie, his father brether and utheris foresaidis; and yit his majestie and thre estatis in this parliament, considering that the debetable caus, deadly feidis and contraverseis betuix the saidis pairteis ar not yit removit and takin away, to the said submissioun maid to that effect, the tyme thairof being expirit, his hines gude will and intentioun remanyng to have the samyn yit done, hes thairfoir thocht meit, be advise of his saidis estatis, that all the debetable causs, deidlie feidis and contraversis betuix the saidis pairtiis salbe submittit of new to certane freindis on ather syde, according to the quhilk his m[...]² plesour and gude meanyng in the self sa godlie and ressonable, the saidis pairtiis hes presentlie submittit thair saidis haill querrellis, deidlie feidis and caus debetable, alsweill criminall as civill, that hes fallin out and happynnit betuix thame sen the first day of November [...] to the day and dait of thir presentis, to certane thair freindis on ather syde, that sentence, decreit arbitrall and delyverance may be pronunceit thairupoun betuix the first day of Februar nixtocum; and in cais ony variance result upoun the premis, quhairthrow the said noble men sall not happin to appoint and aggre amangis thame selffis, then thei sall report in presens of his majestie and his counsale the maters and pointtis quhairin the varience standis, quhairthrow his hines, as odman and owrisman commonlie chosin be bayth the saidis partiis, with advise of sic of his privie counsale as he sall elect and call unto him, may gif finall decisioun toward the saidis deidly feidis and contraversiis, quhairupoun decreit pronuncit at the furthest betuix and the tent day of Marche nixtocum; quhilk day being bigane and the saidis caus into bayth civill and criminall not being determinat and decidit be the submissioun foirsaid, in that cais ather of the saidis partiis sall have place to persew uthers for quhatsumever caus, except sic as ar takin away be this present act and the pacificatioun foirsaid, quhilk oure soverane lord ordanis to haif full effect in all tyme cuming.