Submissioun of the contraversie betuix the Erle of Angus and Lord Flemyng

2Anent the supplicatioun gevin in and presentit to oure soverane lord and lordis of articlis of this present parliament be Johnne, lord Flemyng, makand mentioun that quhair it pleasit his majestie of his gude grace and favour to grant him the benefite and privilege of the pacificatioun concluidit at Perth, and thairefter ratifiet and apprevit in parliament, restoirand and rehabilitand the said lord to all landis, heretageis, offices, honouris, rowmes and possessionis quhilkis pertenit to umquhile Johnne, lord Fleming, his fader, without ony reservatioun or exceptioun, as the last act of parliament maid thairupoun the penult day of November lxxxj yeiris at mair length contenis; and now being informit that his majestie is to grant the benefite of the said pacificatioun to Archibald, erle of Angus, as air maill or of tailze to umquhile James, erle of Mortoun, or utherwyse to restoir and repone him as successour to the said umquhile erle in the said erldome of Mortoun, quhairby he may pretend sum interes to the said Lord Flemyngis landis and barony of Kilbocho, notwithstanding that upoun the xix day of Julii, the yeir of God jM vC lxxxiij yeiris, he obtenit decreit befoir the lordis of sessioun aganis Johnne, erle of Mortoun, lord Maxwell, his majesties thesaurair and advocat for his hienes entres, reduceand and annulland ane pretendit decreit of redemptioun of the saidis landis and barony, quhilk the said umquhile James, erle of Mortoun, purchest aganis the said lordis umquhile fader, for the tyme he wes captaine and keipair of the castell of Dunbartane, quhen as he mycht not compeir and defend aganis the samin, as the said decreit will testifie; and thairfoir desirand, in consideratioun thairof and of his full restitutioun foirsaid quhairby it is certane he hes undoubtit richt to the saidis landis and barony, that his majestie and the saidis lordis will, in quhatsumever benefite, favour or restitutioun now to be grantit in this present parliament to the said Erle of Angus of the said erldome of Mortoun, caus specialie provide in the act thairof that the samin sall nawayes be hurtfull nor prejudiciall to the said Johnne, lord Flemyng, anent ony richt or title his predicessouris and he had and have of the saidis landis and barony of Kilbocho, nor to the foirsaid decreit of reductioun obtenit be him and his curatouris for the tyme annulland the pretendit redemptioun allegeit usit be the said umquhile James, erle of Mortoun, thairof; and to ordane the clerk of registri and his deputtis to forme and extend the said provisioun in the said restitutioun in dew and ample forme for his securitie, as at mair lenth is contenit in the said supplicatioun. Quhilk being hard, sene and considerit be his hienes and lordis of articles and thai thairwith being at lenth avisit, oure said soverane lord, with avise of the saidis lordis of articles, thinkand maist expedient that the foirsaid supplicatioun, contentis and desiris thairof be decydit and aggreit amicable for better amytie to stand betuix the foirsaidis pairtiis in tyme cuming, desirit baith the saidis pairties, being persounallie present, ather of thame to chuse certane freindis for intreating and aggreing of the foirsaid mater in amicable wyse, and according thairto, the said Archibald, erle of Angus being personallie present as said is, nominat and chusit Johnne, erle of Mar, and Thomas, maistir of Glammis, thesaurair, for his part, and the said Johnne, lord Flemyng, being in lykmaner personallie present, nominat Johne, erle of Montrois and Schir Johnne Maitland of Thirlstane, knicht, secretair to oure soverane lord, for his part, as amicable jugeis, to quhome baith the saidis pairteis referrit the contentis and desir of the foirsaid supplicatioun and quhat ather of the saidis pairteis aucht to do to utheris thairanent, and howsoever the foirsaidis juges all in ane voice decerne and pronunce thairintill, baith the saidis pairties band and oblist thame to obey and fulfill thair sentence and decreit arbitrall to be pronuncit be thame anent the premisis. And oure said soverane lord and lordis of articles hes interponit and interponis thair auctorite thairto, and gevis and grantis full power to the foirsaidis judges to the effect foirsaid siclike as his hienes and lordis mycht have proceidit thairintill in this present parliament. And forder, his majestie and lordis of articles declairis that this present submissioun on na wyse salbe prejudiciall to the generall act of abolitioun, pacificatioun and ratificatioun thairof maid in this present parliament, bot the samyn to have full effect and to be frelie extendit to all personis thairin mentionat unto quhome the benefite thairof apertenis siclike and als frelie as gif this present supplicatioun had nevir bene present in parliament, nor the said submissioun followit thairupoun.

  1. NAS, PA2/13, ff.112v-113r.
  2. 'P' written in margin.