[A1582/10/1]*[print] [email] [cite] [preceding] [following]
The king present
[A1582/10/2]*[print] [email] [cite] [preceding] [following]
[Marginalia reads, 'Deleted at command of the king's majesty and lords of secret council and also by act of his highness's last parliament'. The whole act is struck through in the manuscript.]
The which day the king's majesty, his nobility, council and estates presently convened, earnestly considering how almighty God, of his great favour and mercy, has marvellously preserved his most noble person from many great and evident dangers, even from his birth and coronation, bringing him to this estate and age, instructed in the knowledge of his truth and sincere religion, with a virtuous education worthy of his highness's person and estate and suitable for the rule of his realm, committed by God to his charge, the government whereof has heretofore been the more difficult through many troubles and commotions within this realm during the unquiet time of his young age, the minds of his nobility and subjects being distracted in diverse quarrels and contrary factions, by the occasion whereof, and often change of councillors, first the chief matters of estate being altogether neglected, the ancient laws and customs of this realm being misused and, in place thereof, many dangerous novelties induced, to the grief of our sovereign lord's good subjects, the inconvenience daily growing in a short space proceeded so far as the religion sincerely professed and by the laws of this realm established, the surety of his majesty's person, his crown and estate of this realm most evidently appeared have been brought to extreme danger, the remedy whereof could no longer be delayed, the particulars of which abuses and enormities the nobility, council and estates presently convened, for themselves and the whole body of this realm, have been enforced (their duty and allegiance to his majesty so craving) to open and propose and thereupon most lamentably to complain, whereof his highness, understanding many just occasions, has determined, in the fear of God, for the common benefit and quietness of his realm and for the comfort of his loving subjects, to be careful, by the advice of his said nobility, council and estates now assembled, of a speedy and substantial reformation, esteeming himself to be most bound to them, who, in the advancement of his honour and of the good of his realm, have shown or shall show themselves most careful; and it being now proposed to his majesty, the nobility, council and estates presently convened, how that William [Ruthven], earl of Gowrie, lord Ruthven, his highness's treasurer, John [Erskine], earl of Mar, lord Erskine and James [Cunningham], earl of Glencairn, lord of Kilmaurs, constrained by necessity aforesaid and not moved by their particular, repaired to our said sovereign lord, where his highness then made his residence, on 22 August 1582, and have remained with his highness continually since, for the earnest care and zeal, to stay the inconveniences which appeared then shortly to follow, and for the suit of a good reformation of the said late abuses tending to the subversion of the estate of the realm, the religion established, peril and danger of his most noble person and crown, the particulars whereof, in all and sundry circumstances, were at length opened, declared known and tried in presence of his majesty, his nobility, council and estates, as well by his highness's declaration made by his own mouth and letters patent, as otherwise purging the said persons and all others, their adherents and assisters, of all misbehaviour, evil will and sinister intention conceived or meant by them or any of them against his majesty, his realm and lieges, and allowing them and every one of them in their repairing and abiding with his majesty to have done the duty of most loving and lawful subjects to their sovereign lord. The aforesaid William, earl of Gowrie, lord Ruthven, treasurer, John, earl of Mar, lord Erskine, and James, earl of Glencairn, lord Kilmaurs, having particularly and at length declared the grievous causes of the abuses aforesaid moving them to the said enterprise, and offering themselves in presence of his majesty, nobility, council and estates to have verified and proved the same sufficiently, according to the laws of this realm, upon the persons, authors of the said abuses, which, for certain considerations moving his majesty and his estates, is left undone, and thereafter they, being removed of their own desire out of council by reason that the said matter was esteemed particularly to touch them, and thereafter the causes of their said resort, repairing and abiding with our said sovereign lord being well and sufficiently tried to have proceeded upon such good grounds and reasons as might and should have moved any good subject thereto and, much more, should have moved the said persons who were sworn councillors to his majesty, the king's majesty, with advice of his said nobility, council and estates, all in one voice, finds and declares the enterprise of the said William, earl of Gowrie, lord Ruthven, treasurer, John, earl of Mar, lord Erskine and James, earl of Glencairn, lord of Kilmaurs, in their resorting to our said sovereign lord on the said 22 August 1582, their repairing and abiding continually with him since, and all and sundry facts and deeds done by them in the meantime, and all that has followed or may follow or depend thereupon, to have been and to be in all time coming, likewise his majesty, his nobility, council and estates allows, holds, esteems and reputes the same to have been and to be good, faithful, true, thankful and necessary service to his highness and profitable to his whole realm, specially concerning the preservation of the integrity of religion, the assurance of his majesty's most noble person, the security of his crown and realm and for the necessary redress of the said abuses which could abide no longer delay as said is. And further, our said sovereign lord, by the advice of the said nobility, council and estates, has declared and, by the tenor of this act, declares that all taking arms, convocations, conflicts and harms following thereupon, taking and holding of whatsoever persons captive and other deeds of hostility and force, making and subscribing of leagues, bonds and contracts or other deeds whatsoever, being in effect or appearing to be against our sovereign lord's authority and laws, in default of our said sovereign lord's consent, which then could not be craved nor obtained without a greater danger to follow, and whatsoever other deed done, procured and assisted for furtherance of the said enterprise from the [...] day of [...] last to the day and date of this act by the said William, earl of Gowrie, lord Ruthven, treasurer, John, earl of Mar, lord Erskine and James, earl of Glencairn, lord of Kilmaurs, their friends, kinsmen, servants, tenants, assisters and partakers of whatsoever quality, pre-eminence or degree, and all that has followed or shall happen to follow thereupon, has been and in all time coming shall be reputed, held and esteemed as lawfully done and as good, true and profitable service for our sovereign lord, tending to the preservation of the estate of the religion, his majesty's royal person and crown and for the reformation of the said abuses and enormities; and that the said persons, nor none of them, their friends, kinsmen, servants, tenants, assisters and partakers of whatsoever quality, pre-eminence or degree, shall incur no danger nor hurt thereupon in their persons, lands nor goods, and shall not be called nor accused for the same, criminally nor civilly, by any manner of way in time coming, exonerating and discharging the said persons, their partakers and adherents aforesaid of all action or quarrel, civil or criminal, of whatsoever weight, greatness, quality and importance which our sovereign lord, his successors or any of his highness's lieges, for their particular, may have or intend against them by occasion of the premises, with publication to be made to all his highness's subjects that none of them take upon hand to calumniate the said William, earl of Gowrie, lord Ruthven, treasurer, John, earl of Mar, lord Erskine, James, earl of Glencairn, lord of Kilmaurs, their adherents, assisters and partakers aforesaid, of any attempt or evil conceived by them against his majesty, either in alleging apprehension or detention of his highness's most noble person, or any other kind of misbehaviour toward his majesty, certifying all his highness's lieges and subjects if they do in the contrary, they shall be called, accused and punished according to his highness's laws as leasing-makers and sowers of false and seditious rumours, to breed dissention between our said sovereign lord and his subjects; likewise his majesty, with advice and consent aforesaid, discharges his advocate, present and to come, of all calling and pursuing of the said persons, their assisters and others aforesaid, and of their offices in that part, and also all and sundry judges, justices and ministers of our sovereign lord's laws, present and to come, and of their offices in that part for ever. Moreover, our said sovereign lord, with advice of his said nobility, council and estates, declares, wills and grants and, by this act, decrees and ordains that this present declaration is, and shall be, as sufficient in all respects for the surety of the friends, kinsmen, servants, tenants, assisters and partakers of whatsoever quality, pre-eminence and degree assisting with the said William, earl of Gowrie, lord Ruthven, treasurer, John, earl of Mar, lord Erskine and James, earl of Glencairn, lord of Kilmaurs, as if they were specially expressed by their names herein; and if any doubt or question shall arise hereafter upon the meaning of this present declaration and ordinance, the same shall receive no interpretation except by our sovereign lord and his estates convened in parliament. And for further security, our said sovereign lord, with advice aforesaid, ordains this present declaration to be ratified and approved in his highness's next parliament, promising in the word of a prince to cause the same to be duly ratified and approved as said is.
[A1582/10/3]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty, with advice of his estates presently convened, upon weighty and reasonable considerations moving them tending to his highness's obedience and the common quietness of this whole realm, ordains and commands William [Ruthven], earl of Gowrie, lord Ruthven, his highness's treasurer, to keep and detain James, earl of Arran, lord Aven and Hamilton, within the said earl of Gowrie's house and fortalice of Ruthven, as he is presently, until it be certainly known that [Esme Stewart], duke of Lennox is departed out of this realm, according to the king's majesty's mind and pleasure declared and the said duke's own promise made to that effect; and upon the certain knowledge of the said duke's departing, ordains and commands, by the tenor hereof, the said William, earl of Gowrie to set at liberty out of the said house and fortalice the said James, earl of Arran, to repair where he pleases in any parts of the realm north of the water of Earn, without any other warrant or direction; commanding also the said earl of Arran, by the tenor of this present act and ordinance (to be intimated and the authentic copy thereof delivered to him), that he is in no way to transcend the said bounds nor repair to his majesty's presence during his majesty's will, as the said earls of Gowrie and Arran, and either of them for their own part respectively, will answer to his highness upon their obedience at their uttermost charge and peril.
[A1582/10/4]*[print] [email] [cite] [preceding] [following]
The which day the king's majesty, with advice of his nobility, council and estates presently convened, has thought good, concluded and resolved that 200 horsemen and 200 footmen under wages shall be levied and taken up under the charge and commandment of such persons as the king's majesty shall nominate for the guard of his highness's person and of the noblemen presently resident with his majesty, joined in the action of the reformation of the abuses and disorder in the estate; and the said companies to be continued until a quiet and settled order be established and all appearance of trouble and commotion be removed, for the good of his majesty and quietness of his realm and lieges hereafter.†