[A1571/9/4]* [print] [email] [cite] [preceding] [following]
Sederunt domini ut in die predicte.
[A1571/9/5]*[print] [email] [cite] [preceding] [following]
Mar protestit eftir he wes chosin regent. The quhilk day, in presence of the estaittis, comperit Johnne, erll of Mar, lord Erskin, being nominat and electit to the office of regentry, and maid this protestatioun quhairof the tennour followis:
I, Johnne, erll of Mar, lord Erskin, schawis and declaris to yow, my lordis and utheris, the estaittis presentlie assemblit, that albeit it hes plesit yow be commoun voce and assent to accord that I salbe placeit in the charge of regiment to the kingis majestie, his realme and liegis, during his hienes minoritie, quhilk place I avow befoir God and the warld I wes nevir ambitious of, nowther can it be beneficiall to me, nor ony of myne, in ony respect, considering the present troublit state of the realme and the hard reward that sic as hes proceidit in that office hes ressavit. And yit finding the present necessitie that the persoun of the king, oure soverane lord, is in my custody, and not onelie his hienes persoun, bot the state of his authoritie and commoune weill of the realme, in hazard and dangeare at this tyme, having samony avowit disobedient subjectis to his hienes and his authoritie, gif it be thocht be yow, my lordis and estaittis, that my persoune and travellis can supple this want, I will nowther contend with yow or suffer the gude and honest caus we have in hand tobe indangerit throw my refuis or delay, bot will expone my self to the perrell gif ye think me qualifiit for the charge, notwithstanding seing I am not abill be my self nor upoun my awin counsall, rent or forces to beir this burdyng. I requeir that I be accumpaneit with your selffis, assistit be your counsallis and aydit be your forces at all occasionis of dangeare upoun my warning tobe gevin unto yow; and that nane of yow sall deale in ony sort to the hinder or prejudice of the kingis estait, or in ony thing twicheing the same, without commoune advise of me and ws, all that now professis his hienes obedience; or that sall preis me in that deid or grant tending to the violatioun of my present ayth, I protest that than as now, upoun ony sic refuis of your presence, counsall or ayding with your forces, gif aythere ye heirefter sall find my inhabilitie for the charge, or that I sall find my self owerburdynnit thairin abone my power, that than upoun lauchfull warning tobe gevin be me to yow, the nobilitie and estaittis and with your advise and counsall had thairto, I may lauchfullie, frelie and without violatioun of my present ayth maid for acceptatioun of this office, renunce and admit the same office and administratioun in the persoun of ony uther tobe thocht meittar and aggreit upoun be commoune advise of ws all, without reproche to me in fayth, honour or utherwayis, seing I aspire not to the rowme willinglie ar ambitiouslie, bot altogidder aganis my will, gif it wer not for the preservatioun of the kingis innocent persoune, quhilk I have alwayes thocht and thinkis sa deir to me, and for suppleing of the present necessitie, quhilk my protestatioun I require of your lord and utheris of the estaittis tobe admittit and registrat ad futuram rei memoriam.
Eftir the quhilk protestatioun red the said Erll of Mar aggreit to underly and accept the said charge and office of regentry; and to the effect that ane uniform concurrence may be betuix him and the nobilitie in the furthsetting of the glory of God and governing of the effairis of the commoune weill, thay with ane mynd and assent ar aggreit and condiscendit mutuallie to the articles following:
[A1571/9/6]*[print] [email] [cite] [preceding] [following]
In the first, sen the eternall God of his greit mercy, eftir the sounding of the trumpet of his blissit evangell throwchout this haill realme, for the glory of his awin name, hes sa oft and evidentlie deliverit ws fra diversis and mony dangearis, quilkis in all appearance to man wer inevitabill, it becumis that the honour of his godlie name be preferrit all erthlie and temporall thingis. Thairfoir the said Johnne, erll of Mar sall expreslie profes and avow the trew religioun of oure God as it is now publictlie precheit within this realme, conforme to the haly word and establissed be plane act of parliament, and sall gif ayth thairupoun. And to that effect, he and the saidis nobilitie, counsall and estaittis sall concur in the manteinance and promoting thairof and in all sic thingis belangand thairunto, conforme to the lawis alreddy establissed for the same effect and all utheris thingis concerning the polecie and governament of this realme.
[A1571/9/7]*[print] [email] [cite] [preceding] [following]
Item, the saidis nobilitie, counsall and estaittis sall concur with the said lord regent to oure said soverane lord in the furthsetting of justice equalie and indifferentlie to this haill liegis and subjectis of the realme, according to the lawis thairof, alsweill in the civile and criminall effaris, without gruge of thame or solistatioun in the contrair.
[A1571/9/8]*[print] [email] [cite] [preceding] [following]
Item, seing it is maist notour that not onelie ar the pouer liegis of this realme oppressit and heriit be thevis, oppressouris and utheris, bot als the haill estaittis of the same ar out of frame and ordour that gudelie it can not lang continew and be ane realme without haistie remeid be put thairto; thairfoir the said counsall, nobilitie and estaittis sall accumpany and remane with the said lord regent, tutour to oure said soverane lord, in sic places as salbe thocht expedient, quhill the kingis majesteis authoritie salbe universallie establissed and recognoscit throw the haill realme; quhilk being brocht to pas, that thaireftir ane ressonabill nowmer of the saidis lordis sall accumpany him and await on the counsall, be quhais avise the haill effairis of the commoune weill may be ordourit.
[A1571/9/9]*[print] [email] [cite] [preceding] [following]
Item, forsamekill as the publict offices of this realme ar the principall nervis and synnowis quhilk joynis the haill body and retenis and kepis the same in ordour, quhilkis being confoundit and out of frame, the haill consequentlie mon dissolve and cum to nocht, it is fund, thairfoir, meit and convenient that sic men be placeit in the saidis offices as ar upricht, of gude jugement and ar apt and meit to brouke, the qualitie of the persoun, without respect, being onelie regarded and all utheris presentlie placeit in the same (quhilk the law will permit) tobe removit thairfra, sua that all thingis may gang fordwart uniformelie, quietnes may be kepit and the pure subjectis easit thairby.
[A1571/9/10]*[print] [email] [cite] [preceding] [following]
Item, sen the kingis majesteis hous, with his estate and the hous tobe kepit for his regent and for the counsall, and the expensis tobe maid upoun the commoune effairis of this realme, mon be furneist and sustenit upoun the revenewis of the croun, the counsall and nobilitie sall tak ordour for performing of all thingis requisite in that behalf during the tyme of my said lord regentis grace. And becaus thir thingis mon be done upoun the offices of the thesaurare and comptrollare, quhilkis now ar altogidder in confusioun, thairfoir the saidis lordis sall tak sic ordour with the officiaris that the offices may be usit ordourlie and quietlie in tymes cuming, without grudge or trubill.
[A1571/9/11]*[print] [email] [cite] [preceding] [following]
Item, thai have consentit and condiscendit that na remissioun nor respett be grantit to ony maner of personis for ony murtheris, vyle slauchteris or utheris crymes equivolent thairto, committit sen the kingis coronatioun or tobe committit during the tyme that it sall pleis God to burding the said lord regent with the charge foirsaid, nor yit sall thai reisset, manteine privatlie nor opinlie ony fugitives fra the law for the saidis crymes.
[A1571/9/12]*[print] [email] [cite] [preceding] [following]
Item, quhen my said lord regent, with avise of the said counsall and nobilitie, sall endevoir him self to the promoting of the glory of God, executing of justice and keping of the realme in quietnes, nane of thame sall grudge thairat ony maner of way, bot sall assist him in the just executioun of the lawis aganis quhatsumevir persoune or personis rebelland aganis oure soverane lord and contravenand the lawis, alsweill within the realme as outwith.
[A1571/9/13]*[print] [email] [cite] [preceding] [following]
Item, becaus the revenew of the croun is diminisit be the dispositioun thairof in tymes bipast, and that the chargeis quhilkis ar tobe sustenit thairon ar greit and mony, thairfoir my said lord regent, in dispositioun of the casualiteis, sall gif na part thairof gratis without avise of the saidis nobilitie and counsall or the maist part of thame that beis present, nor suffer na part of the propirtie of the croun unlauchfullie disponit and gevin furth to remane with the personis quhome to it is gevin and disponit aganis the law, bot sall caus the same be recoverit be ordour of law and justice.
[A1571/9/14]*[print] [email] [cite] [preceding] [following]
Item, my said lord regent faythfullie promittis that in na tyme cuming during the tyme of his charge and office he sall contract with ony foreyne princes towart peace, weare, the state of oure soverane lord, his hienes mariage nor transporting of his persoun furth of the place quhair he is presentlie to ony part or places within this realme or outwith the same; nather sute the libertie of the quene, his moder, nor yit sall speak hir, wrychte to hir or have ony intelligence with hir, without avise and consent of the nobilitie and secreit counsall present, or maist part of thame.
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Item, that all personis ellis forfaltit and utheris aganis quhome summondis of treasoun or proces of forfaltour is dependand sall na wayis be restorit, nor the summondis or proces dependand; nather ony of thair landis, heretages, offices or possessionis quhatsumevir disponit be the said lord regent; nather yit ony remissionis, respettis, pardonis or relaxationis quhatsumevir grantit be him to the said personis quhilkis ar, or salbe, suspectit or delatit for the cruell and horribill slauchter and murthour of the king, oure soverane lordis fader, and his regentis, nor setting up of ane uther authoritie incontrair the authoritie alreddy establissed during my said lord regentis charge and governament, without the avise and consent of the saidis lordis of secreit counsall, presentlie professing the king and his authoritie, or the maist partt of thame. And in caise ony sic remissionis, respettis, pardonis, relaxationis or dispositiones quhatsumevir be gevin or grantit, that the same salbe null and of nane avale, and that na seillis be ansuerit thairto and na lettres nor executoriallis be grantit thairupoun.
[A1571/9/16]* [print] [email] [cite] [preceding] [following]
Item, that the said lord regent sall endevoir him self to observe and keip peace with all kingis and princes, freindis and consideratis of this realme, and specialie the godlie peace betuix the quenis majestie of Ingland and this realme, and sall not pas furth of this realme during the tyme of his said office without speciall avise and consent foirsaid.
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Quhilkis articles being appointit, red in presence of the nobilitie and estaittis convenit and thai aggreing thairunto, the said lord regent maid his solempnit ayth in forme following:
I, Johnne, erll of Mar, lord Erskin, promittis faythfullie in the presence of the eternall my God that I, induring the cours of my lyff, sall serve the same eternall my God to the uttermest of my power, according as he requiris in his moist holy word revelit and contenit in the New and Auld Testamentis, and according to the same word sall manteine the trew religioun of Jesus Chryst, the preching of his holy word, the dew and rycht administratioun of his sacramentis, now ressavit and practizit within this realme, and sall abolishe and ganestand all fals religioun contrair the same, and sall rewle the people committit to my charge during the minoritie of the kingis majestie, my soverane, according to the will and command of God, revelit in his foirsaid word, and according to the lovabill lawis and constitutionis ressaviit in this realme, na wyis repugnant to the said word of the eternall my God, and sall procure to my uttirmest to the kirk of God and haill Christiane people trew and perfyte peace in all tyme cuming. The rychttis and rentis, with all just privilegis of the croun of Scotland, I sall preserve and keip unviolat. Nather sall I transfer or alienat the same. I sall forbid and repres, in all states and degreis, reif, oppressioun and all kynd of wrang. In all jugementis, I sall command and procure that justice and equitie be kepit to all creatouris, without exceptioun, as he be mercifull to me and yow that is the fader of all mercyis. And out of all this realme and impyre, I salbe cairfull to rute out all heretykis and ennemeis to the trew wirschip of God that salbe convict be the trew kirk of God of the foirsaidis crymes. All thir thingis abone writtin, I faythfullie affirme be my solempnit ayth.ยท
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The lordis, prelattis, commissionaris of burrowis, baronis and gentilmen gaif thair solempnit aythis and faythfull promeisis, be extensioun of thair handis, for dew obedience to oure said soverane lord, his said regent and authoritie, and that thai sall na wayis preis him in ony act, deed or grant tending to the violatioun of his said ayth and promeis in ony sort, and that thai sall nocht tak his refuis in evill part, being preissit be thame in ony thing aganis the effect of his said ayth and promeis.
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Forsamekill as the nobilitie, prelattis and commissaris of burrowis convenit in this present parliament, considering the dangerous estate of the commoune weill, the realme being presentlie destitute of a governour throw the slauchter and awaytaking of his hienes dearest guidsir Mathew, erll of Levenax, lord Dernlie, lauchfull tutour and regent to his hienes, his realme and liegis, and his hienes being yit minor and unabill to administrat in his awin persoun, having respect to the actis of parliament concerning his hienes coronatioun and constitutioun of the regiment of this realme during his majesteis minoritie, and of the quene, his moderis commissioun, maid and subscrivit the tyme of the dimissioun of the croun in his favouris; and the same, with gude deliberatioun considerit, the saidis lordis of the nobilitie, prelattis, commissaris of burrowis and estaittis abonewrittin fand and declarit the same commissioun tobe in the self gude, valiable and sufficient, and that the haill nowmer of the nobill men mentionat thairin, or ony four, thre, twa or ane of thame, professand and acknawlegeand oure soverane lordis authoritie, the remanent or the maist part of thame refusand or havand just caus of excuse, mycht accept upoun thame the said commissioun and office of regentry to our soverane lord, his realme and liegis, and mycht use and exerce the said office be vertew of the said commissioun, alsfrelie and lauchfullie as ony utheris governouris or regentis of this realme hes usit the same office in tymes bigane preceding the dait heirof. And the saidis nobilitie, prelattis and estaittis having respect to the present necessitie quhilk this realme hes of ane establissit governament, and to the greit cair and affectioun borne to the preservatioun of his hienes innocent persoun be his rycht traist cousing Johnne, erll of Mar, lord Erskin, having the governance and custody of the same, his hienes persoun, presentlie, and evir sen his birth, being alsua ane of the personis nominat in the said commissioun, ane part of the remanent havand alreddy maid defectioun frome thair promeissit fayth and allegeance, and the greittast part of that nowmer, now leving and present, willing to eschew the confusioun of mony governouris, ar willinglie content that the governament of the realme be establissed in the persoun of the said Erll of Mar during his majesteis minoritie, as being fund be publict voce, consent and aggrement maist apt and qualifiit for the same. And he, nochtwithstanding his awin inhabilitie confessit be him for the charge and governament, yit considering the necessitie of regiment, alsweill for the kingis preservatioun as governament of the realme, hes acceptit and takin upoun him the said charge of regiment quhill God sall mak oure said soverane lord of habilitie to administrat his kingly office in his awin persoun, and hes gevin his ayth in presence of the saidis lordis and estaittis for debtfull administratioun in the said office, to the pleser of God, oure soverane lordis honour and commoditie of all his hienes gude subjectis. Thairfoir ordanis lettres tobe direct to mak publicatioun of the premisis be oppin praclamatioun at the marcat croce of Striveling and utheris places neidfull, that nane pretend ignorance of the same, and to command and charge all and sindry oure soverane lordis liegis and subdittis quhatsumevir to reddelie ansuer, intend and obey his majesteis regent foirsaid in his said office and charge of regentrie during the said space of his hienes minoritie, and to nane utheris, siclyke as ony utheris governouris or regentis hes bene obeyit in tymes bigane, under the pane of tressone; certifeing all thame that dois in the contrair, resistand oure said soverane lordis authoritie and disobeyand his said regent, that thai salbe repute and haldin as disobeyaris and resistaris of the same, his hienes authoritie, and salbe puneist thairfoir with all rigour in exempill of utheris.
[A1571/9/20]*[print] [email] [cite] [preceding] [following]
We, and every ane of ws undersubscrivand, considering the calamitie quhairwith this realme, oure native cuntre, is plagit throw the inward troubles and civile dissentioun salang continewing within the same, to the apperant subversioun of the commoune weill, and understanding the kingis majestie tobe crownit and inaugurat and the quene his moder tobe presentlie in the realme of England, willing thairfoir to yeild to all gude meanys that may quiet the troublit state and settill the same to his hienes obedience, we sall in tyme cuming, lyke as we do presentlie, reverence, acknawlege and recognosce his majestie as oure soverane lord and king, and Johnne, erll of Mar, lord Erskin, regent to his hienes, his realme and liegis thairof, and sall serve and obey his hienes, his said regent and authoritie as becumis dewithifull subjectis. Oure landis and lyvis in the defence and avancement thairof we sall bestow and wair. The skayth, harme or subversioun of the same authoritie we sall nevir knaw nor procure be ony meanys, direct or indirect. All formar bandis for obedience of ony uther authoritie, subscrivit or maid be ws in ony tymes bigane, contrarious or prejudiciall to his hienes, his said regent and authoritie we renunce and discharge, affirmyng and sweryng solempnitlie upoun oure faythis and honouris to observe and keip this oure declaratioun and plane professioun, and every point thairof, be God him self, and as we will ansuer at his generall jugement; quhairin gif we failye, we ar content tobe comptit faythles, perjurit and defamit, besyde the ordinar pane of the lawis tobe execute upoun ws without favour, as a perpetuall memorie of oure unnaturall defectioun and inexcusabill untrewithh. In witnes heirof, we have subscrivit thir presentis with oure handis as followis.