[A1583/12/2]*[print] [email] [cite] [preceding] [following]
Forasmuch as the king's majesty, with advice of his nobility and estates presently convened, has passed and subscribed an act and declaration, of the which the tenor follows:
Albeit the late surprise and restraint of our most noble person, perpetrated in August 1582, was a crime of lese-majesty, heinous in itself, of dangerous sequel and most pernicious example, meriting to be the more aggravated that the greatest part of the committers thereof, beside their allegiance and common duty of subjects, were specially bound to us by many benefits and particular obligations, deserving thereby the greater severity and more grievous punishment; yet we, being naturally inclined to mercy and according to our natural disposition always resolved by clemency to give them occasion the more willingly to return to their duty and by loving and gentle demeanour, as it were, to deserve a more allured and voluntary obedience, and therefore have not only abstained from all rigour, but also, beside the custom of most clement princes, in private speeches, public answers to several ambassadors directed towards us by [Elizabeth I], our dearest sister, the queen of England, by our ambassadors sent to her, by diverse resolutions in council and public proclamations, uttered our clemency, promised impunity, offered pardon and full security of their lives, lands and goods to such as would acknowledge their offence and return to their due obedience, fully satisfying ourself with so moderate and slender declaration thereof as was in no way to their hurt, loss or detriment, relenting the terms prefixed thereto and prorogating the same from time to time, and rather as a father seeking to recover his children than a sovereign prince in a commonwealth respecting his estate and surety, after their manifest disobedience, without any proceeding against them, permitted some of the ministers and well affected barons to deal with them, entreat them and persuade them of their duty continuing, notwithstanding the weight of their crime and disobedience of full intention, so that by their penitence, their former offence and contempt should have been altogether extinguished and buried in oblivion. And albeit our clemency and long suffering has not produced such effect, nor been so respected by them as they ought, we have thought good to assemble our nobility and estates, by their advice the more solemnly to retreat and fully perform whatsoever we had in the word of a king, and by advice of our council heretofore promised and by their advice to provide substantially, both their impunity and full assurance with our honour and surety of our person and estate, as also to bear record of our mercy and forbearance, whatsoever shall happen hereafter by the behaviour of the said persons to ensue. And seeing we have omitted no good means, nor left anything undone that could be wished in a godly, most careful and most clement prince, we, and our nobility and estates, have resolved and hereby do declare that whoever shall hereafter repine, continue in their disobedience and condemn our clemency and so long suffering, we, our nobility and estates presently assembled, will take such order as our honour, surety of our person and estate shall require and their stubborn and proud contempt shall deserve, and shall prosecute the said crime and sequel thereof against all such as either has or shall stubbornly repine, persist in disobedience, condemn our clemency or refuse to acknowledge their offence and their assisters, supporters and partakers whatsoever, which we do promise in the word of a prince; and our nobility and estates have solemnly sworn to hold hand and assist to their uttermost, which we order be enacted and registered in the books of our privy council and published at all the market crosses and other places needful of our realm; and that the same may have the better authority, we and our nobility have subscribed this declaration at Holyroodhouse on 7 December 1583. Therefore his majesty, with advice of his said nobility and estates, has ordained and ordains the other act made and passed by his majesty and such number of his estates as were then present on 19 October 158[2]† be deleted out of the books of his highness's privy council, and also that the act and declaration above-written may be notified to all his good subjects and that none, upon pretence of the ignorance thereof, presume to allow that which his majesty and his estates, he now being at his liberty, has damned, ordains letters to be directed to make publication thereof at the market crosses of the head burghs of this realm according to the tenor of the same, and to command and charge the provost and bailies of each burgh to notify and make known to his majesty the persons whatsoever which at any time hereafter shall, by word, writ or otherwise, allow that which his highness and his said estates, now being at liberty as said is, has damned; through which they may be pursued and punished according to the laws of this realm, acts and proclamations directed hereupon of before, as the said provost and bailies will answer to his majesty upon their obedience at their uttermost charge and peril.