Declaration

[Marginalia reads, 'Deleit at command of the kingis majestie and lordis of secreit counsall and als be act of his hienes last parliament'. The whole act is struck through in the manuscript.]

Declaratioun anent the raid of Rutheun

The quhilk day the kingis majestie, his nobilitie, counsale and estatis presentlie convenit, ernistlie considering how almichtie God, of his geat favoure and mercy, hes mervelouslie preservit his maist noble persoun fra mony great and evident dangers, evin from his birth and coronatioun, bringing him to this estate and aige, instructit in the knawledge of his trewth and sinceir religioun, with ane virtuus educatioun worthie of his hienes persoun and estate and meit for the rewle of his realme, committit be God to his charge, the governament quhairof hes heirtofore bene the mair difficill throw mony troubles and commotiones within this realme during the inquiet tyme of his young aige, the myndis of his nobilitie and subjectis being distractit in divers querrellis and contrarie factionis, be the occasioun quhairof, and often change of counsaloures, first the chief maters of estate being altogether neglectit, the ancient lawes and custumes of this realme being misusit and, in place thairof, mony dangerous novelteis inducit, to the greif of oure soverane lordis gude subjectis, the inconvenient daylie growing in ane schort space procedit safar as the religioun sincerelie profest and be the lawes of this realme establesched, the suretie of his majesties persoun, his croun and estate of this realme maist evidentlie appearit have bene brocht to extreme danger, the remeid quhairof culd na langar be delayit, the particulars of quhilkis abusis and enormeteis the nobilitie, counsale and estaites presentlie convenit, for thame selffis and the haill body of this realme, have bene enforcit (thair dewtie and allegeance to his majestie swa craving) to oppin and propone and thairupoun maist lamentablie to complene, quhairof his hienes, understanding mony just occasiones, hes determinat, in the feir of God, for the commoun weill and quietnes of his realme and for the confort of his loving subjectis, tobe cairfull, be the advise of his saidis nobilitie, counsale and estaittis now assemblit, of ane spedie and substantious reformatioun, esteming himself tobe maist bound unto thame, quha, in the advancement of his honoure and of the weill of his realme, hes schawin or sall schaw thame selffis maist cairfull; and it being now proponit to his majestie, the nobilitie, counsale and estaittis presentlie convenit, how that William, erll of Gowry, lord Ruthven, his hienes thesaurare, Johnne, erll of Mar, lord Erskin and James, erll of Glencarne, lord of Kilmawris, constranit be necessitie foirsaid and not movit be thair particular, reparit to oure said soverane lord, quhair his hienes then maid his residence, upoun the xxij day of August lastbypast, and have remanit with his hienes continewallie sensyne, for the ernist cair and zeale, to stay the inconvenientis quhilkis apperit then schortlie to follow, and for the sute of ane gude reformatioun of the saidis lait abuses tending to the subversioun of the estait of the realme, the religioun establesched, perrill and danger of his maist noble persoun and croun, the particularis quhairof, in all and sindrie circumstances, wes at lenth oppinit, declarit knawin and tryit in presence of his majestie, his nobilitie, counsale and estaites, alsweill be his hienes declaratioun maid be his awin mowth and lettrez patentis, as utherwyse purgeing the saidis personis and all utheris, thair adherentis and assisters, of all misbehavioure, evill will and sinister intentioun conceavit or meanit be thame or ony of thame aganis his majestie, his realme and liegis, and allowing thame and everie ane of thame in thair reparing and abyding with his majestie to have done the dewtie of maist loving and lawtifull subjectis to thair soverane lord. The foirsaidis Wiiliam, erll of Gowry, lord Ruthven, thesaurar, Johnne, erll of Mar, lord Erskyn, and James, erll of Glencarne, lord Kilmawris, having particularlie and at lenth declarit the grevous causis of the abuses foirsaidis moving thame to the said interprise, and offering thame selffis in presence of his majestie, nobilitie, counsal and estaittis to have verifeit and provit the same sufficientlie, according to the lawis of this realme, upoun the personis, authors of the saidis abusis, quhilk, for certane considerationis moving his majestie and his estaites, is left undone and thairefter thay, being removit of thair awin desire furth of counsale be ressoun that the said mater wes estemit particularlie to twitche thame, and thairefter the causis of thair said resort reparing and abyding with oure said soverane lord being weill and sufficientlie tryit to have procedit upoun sic gude groundis and ressonis as mycht and suld have movit ony gude subject thairunto and, mekle mair, suld have movit the saidis personis quha wer sworne counsaloures to his majestie, the kingis majestie, with advise of his saidis nobilitie, counsale and estaittes, all in ane voce, findis and declaris the interprise of the saidis William, erll of Gowry, lord Ruthven, thesaurar, Johnne, erll of Mar, lord Erskin and James, erll of Glencarne, lord of Kilmawris, in thair resorting to oure said soverane lord the said xxij day of August lastbypast, thair reparing and abyding continewallie with him sensyne, and all and sindre factis and dedis done be thame in a meyntyme, and all that hes followit or may follow or depend thairupoun, to have bene and tobe in all tyme cuming, lyke as his majestie, his nobilitie, counsale and estaites allowis, haldis, estemis an reputis the samine to have bene and tobe gude, aufauld, trew, thankfull and necessar service to his hienes and proffitable to his haill realme, speciallie anent the preservatioun of the integretie of religioun, the assurance of his majesties maist noble persoun, the securitie of his croun and realme and for the necessar redres of the saidis abuses quhilkis culd abyde na langer delay as said is. And further, oure said soverane lord, be the advise of the saidis nobilitie, counsale and estaittis, hes declarit and, be the tennour of thir presentis, declaris that all taking armes, convocationes, conflictis and harmes following thairupoun, taking and halding of quhatsumevir personis captives and utheris dedis of hostilitie and force, making and subscriving of leagues, bandis and contractis or utheris deidis quhatsumevir, being in effect or appering tobe aganis oure soverane lordis auctoritie and lawes, in default of oure said soverane lordis consent, quhilk then culd not be cravit nor obtenit without ane gretar danger to follow, and quhatsumevir uther deid done, procurit and assistit for furtherance of the said interprise fra the [...] day of [...] lastbypast unto the day and dait of thir presentis be the saidis William, erll of Gowry, lord Ruthven, thesaurar, Johnne, erll of Mar, lord Erskin and James, erll of Glencarne, lord of Kilmawris, thair freindis, kynnismen, servandis, tennentis, assisters and partakers of quhatsumevir qualitie, preheminance or degre, and all that hes followit or salhappin to follow thairupoun, hes bene and in all tymecuming salbe repute, haldin and estemit as lauchfullie done and as gude, trew and proffitable service for oure soverane lord, tending to the preservatioun of the estate of the religioun, his majesties royall persoun and croun and for the reformatioun of the saidis abuses and enormeteis; and that the saidis personis, nor nane of thame, thair freindis, kynnismen, servandis, tennentis, assisters and partakers of quhatsumevir qualitie, preheminence or degre, sall incur na danger nor skaith thairthrow in thair personis, landis nor guidis, and sall not be callit nor accusit for the same, criminallie nor civilie, be ony maner of way in tyme cuming, exonering and dischargeing the saidis personis, thair partakers and adherentis foirsaidis of all actioun or querrell, civile or criminall, of quhatsumevir wecht, greatnes, qualitie and importance quhilkis oure soverane lord, his sucessouris or ony of his hienes liegis, for thair particular, may have or intent aganis thame be occasioun of the premisis, with publicatioun tobe maid to all his hienis subjectis that nane of thame tak upoun hand to calumpniat the saidis William, erll of Gowry, lord Ruthven, thesaurar, Johnne, erll of Mar, lord Erskin, James, erll of Glencarne, lord of Kilmawris, thair adherentis, assisters and partakers foirsaidis, of ony attempt or evill concevit be thame aganis his majestie, ayther in allegeing apprehensioun or detentioun of his hienes maist noble persoun, or ony uther kynd of mysbehaviour toward his majestie, certefeing all his hienes lieges and subjectis gif thay do in the contrar, thay salbe callit, accusit and puneist according to his hienes lawes as lesing makers and sawaris of fals and seditious rumouris, to breid dissentioun betuix oure said soverane lord and his subjectis; lyke as his majestie, with advise and consent foirsaid, dischargeis his advocat, present and tocum, of all calling and persewing of the saidis personis thair assisters and utheris foirsaidis, and of thair offices in that part, and als all and sindre jugeis, justices and ministers of oure soverane lordis lawes, present and tocum, and of thair offices in that part for evir. Attoure, oure said soverane lord, with advise of his said nobilitie, counsale and estaittes, declaris, will and grantis and, be thir presentis, decernis and ordanis that this present declaratioun is, and salbe, als sufficient in all respectis for the suretie of the freindis, kynnismen, servandis, tennentis, assisters and partakers of quhatsumever qualitie, preheminence and degre assisting with the saidis William, erll of Gowry, lord Ruthven, thesaurar, Johnne, erll of Mar, lord Erskyn and James, erll of Glencarne, lord of Kilmawris, as gif they wer speciallie expremit be thair names heirin; and gif ony doubt or questioun sall arryse heirefter upoun the meaning of this present declaratioun and ordinance, the samyn sall ressave na interpretatioun bot be oure soverane lord and his estaites convenit in parliament. And for further securitie, oure said soverane lord, with advise foirsaid, ordanis this present declaratioun tobe ratefeit and apprevit in his hienes nixt parliament, promittand in the word of ane prince to caus the same be dewlie ratefeit and apprevit as said is.

  1. NAS, PC1/11, ff.32r-33r. Back