Procedure: protests
Protestation made by sundry noblemen and others of the estates

We, undersubscribing, in the fear of God, love, favour and bound duty that we owe to our sovereign lord, our master, protest forasmuch as his grace's predecessors of good memory, and in special King James II, made acts and statutes of parliament against those that should happen to commit the horrible crimes of murder of kings, which acts have been allowed by all princes since, and in special by [John Erskine, earl of Mar], the king's majesty's regent, in the parliament held at Stirling in [August 15]71, for the cruel, horrible and detestable murder of [Henry Stewart, lord Darnley], his highness's father of good memory, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his regents, as in like manner the king's majesty himself and his estates has allowed and approved the aforesaid acts in the parliament held at Edinburgh in 1579, as the same bears at length, that in case anything be done at this present parliament to the hurt, derogation or in any way prejudicial to the acts aforesaid, that we, in one voice, dissent thereto and likewise in any time coming until his highness be of perfect age, protesting that we, nor none of us, shall be called, accused nor pursued in any time hereafter for the same in respect of this our protestation made in the contrary, which we most humbly desire to be admitted by our said sovereign lord and lords aforesaid, and that the clerks may have command of his highness etc. to insert this our protestation in the register books and there to remain for ever. It is thus subscribed: [Colin Campbell, earl of] Argyll, [James Stewart, earl of] Arran, [Robert Stewart, earl of] March, [John Graham, earl of] Montrose, [David Lindsay, earl of] Crawford, [William Ruthven, earl of] Gowrie, [John Maxwell, earl of] Morton, [Robert Stewart, earl of] Orkney, [George Seton, lord] Seton, [Andrew Leslie, earl of] Rothes, [Patrick Adamson, archbishop of] St Andrews, James Stewart, Patrick Lindsay, James [Stewart], lord Innermeath, [Sir William Murray of] Tullibardine, comptroller, Alexander [Home], commendator of Coldingham, James [Ogilvy], lord Ogilvy, [John Maxwell, lord] Herries, [Sir Lewis] Bellenden [of Auchnoull], James Haliburton, R[obert Pitcairn, commendator of] Dunfermline, Alexander Clerk [of Balbirnie], provost [of Edinburgh], [Andrew Stewart, lord] Ochiltree, [Alexander Colville, commendator of] Culross, [Alexander Campbell, bishop of] Brechin.

  1. NAS, PA2/12, f.81r. Back
  2. NAS, PA2/12, f.81v. Back
  3. NAS, PA2/12, f.81v. Back
Protestation made by James Stewart, earl of Arran

The which day James, earl of Arran, lord Aven and Hamilton, after the confirmation and ratification of his infeftment of the earldom of Arran and lordships of Aven and Hamilton by the king's majesty, with advice of his estates, compearing in presence of his majesty and three estates convened in this present parliament, expressed and declared how it has been murmured by the malicious report of his privy enemies that by the words of his infeftments of the said earldom and lordship and ratifications thereof, passed and approved by his majesty and the said estates, he should aspire indirectly to put himself in place of second person of succession to the crown, which he never thought nor meant; and therefore, for declaration of his part and innocence, protested solemnly that all such reports to his prejudice should be esteemed to have been spoken against the truth, and in so far as it may be imagined that he can pretend any claim or place in the succession of the crown or dignity and priority in state of parliament or council as being descended either of the male race and blood of Murdoch [Stewart], sometime duke of Albany, earl of Fife and Menteith, or as proceeded by line of the earls of Arran, lords of Hamilton, since the time that they joined with the blood royal, in respect that they, having offended in crimes of lese-majesty, have received the punishment of their offences, and besides the said present Earl of Arran utterly secluded from all possibility of succeeding to any of them by reason of blood, his own father and four sons of his elder brother living, he presently therefore renounces and discharges all such claim and place with all honour and interest whatsoever that he has or can have in the royal succession through being of the former possessors of the said earldoms and lordship (whereof he is descended) of the blood royal, excepting to him nevertheless the place, rank, honour and degree which the earls of Arran and lords of Hamilton have had in any time heretofore as earls and lords of that earldom and lordship as other noblemen and lords of parliament of their degree, but not in any respect of the conjunction of the said house of Hamilton with the blood royal or as being declared second persons and heirs apparent in the succession of the crown.

  1. NAS, PA2/12, f.81r. Back
  2. NAS, PA2/12, f.81v. Back
  3. NAS, PA2/12, f.81v. Back
Protestation made by Master James Foulis for Francis [Stewart], earl of Bothwell

I, Master James Foulis, advocate, in name of my lord Bothwell and for his lordship, protest that if there be any infeftment or title granted by the king's majesty to any person or persons of any lands contained in his lordship's infeftment granted to him of the earldom of Bothwell and lordships of Hailes and Crichton etc., and especially to Alexander Home of Manderston, of the lands and baronies of Oldhamstocks and Whitsome, and to John [Erskine], earl of Mar and his mother, of the lands and barony of Elsrickle and Walston, with the donation of the benefice thereof, or if there be any reservation made thereof in the first or late revocations, or exception in the reservation made of the said Earl of Bothwell's infeftment in the late revocation, or if it shall happen the same to be confirmed in this present parliament, yet that the same shall be in no way prejudicial to the infeftment granted by our said sovereign lord to the said Earl of Bothwell thereupon, but that the same infeftment may be confirmed in this present parliament, as the same is granted according to our sovereign lord's good will declared therein.

  1. NAS, PA2/12, f.81r. Back
  2. NAS, PA2/12, f.81v. Back
  3. NAS, PA2/12, f.81v. Back