The king, after fully considering the state of affairs between the rival parties, and judging that if the law were allowed to take its course the peace of the northern countries might be disturbed by the earls and their numerous followers, proposed to the Lords of the Privy Council to endeavour to prevail upon them to submit their differences to the arbitration of mutual friends. Accordingly, after a good deal of entreaty and reasoning, the parties were persuaded to agree to the proposed measure. A deed of submission was then subscribed by the Earl of Caithness and William, Lord Berridale, on the one part, and by Sir Robert Gordon and Donald Mackay on the other part, taking burden on them for the Earl of Sutherland and Mackay. The arbiters appointed by Sir Robert Gordon were the Earl of Kinghorn, the Master of Elphinston, the Earl of Haddington, afterwards Lord Privy Seal of Scotland, and Sir Alexander Drummond of Meidhop. The Archbishop of Glasgow, Sir John Preston, Lord President of the Council, Lord Blantyre, and Sir William Oliphant, Lord Advocate, were named by the Earl of Caithness. The Earl of Dunfermline, Lord-Chancellor of Scotland, was chosen oversman and umpire by both parties. As the arbiters had then no time to hear the parties, or to enter upon the consideration of the matters submitted to them, they appointed them to return to Edinburgh in the month of May, 1613. At the appointed time, the Earl of Caithness and his brother, Sir John Sinclair of Greenland, came to Edinburgh, Sir Robert Gordon arriving at the same time from England. The arbiters, however, who were all members of the Privy Council, being much occupied with state affairs, did not go into the matter, but made the parties subscribe a new deed of submission, under which they gave authority to the Marquis of Huntly, by whose friendly offices the differences between the two houses had formerly been so often adjusted, to act in the matter by endeavouring to bring about a fresh reconciliation. As the marquis was the cousin-german of the Earl of Sutherland, and brother-in-law of the Earl of Caithness, who had married his sister, the council thought him the most likely person to be intrusted with such an important negotiation. The marquis, however, finding the parties obstinate, and determined not to yield a single point of their respective claims and pretensions, declined to act farther in the matter, and remitted the whole affair back to the Privy Council.