At Stirling, 29 July 1567

Procedure: protest on behalf of the duke of Chatelherault
Process of the king's majesty's coronation

The which day, in the presence of the noble and mighty lords James [Douglas], earl of Morton, lord of Dalkeith; John [Stewart], earl of Atholl, lord of Balvenie; Alexander [Cunningham], earl of Glencairn, lord of Kilmaurs; John [Erskine], earl of Mar, lord Erskine; William [Graham], earl of Menteith; John [Graham], master of Graham; Alexander [Home], lord Home; Patrick [Lindsay], lord Lindsay of the Byres; Edward [Crichton], lord [Crichton of] Sanquhar; Robert [Sempill], lord Sempill; John [Stewart], lord Innermeath; Andrew [Stewart], lord Ochiltree; James [Sandilands, preceptor of Torphichen], lord St John; Adam [Bothwell], bishop of Orkney; Robert [Pitcairn], commendator of Dunfermline; Master Robert Richardson, commendator of St Mary Isle, treasurer; William Murray of Tullibardine, knight, comptroller; William Maitland of Lethington, younger, secretary; Sir John Bellenden of Auchnoull, knight, justice clerk; John Erskine of Dun, provost of Montrose; Master James Haliburton, provost of Dundee, and diverse of the nobility, spirituality and commissioners of burghs convened for the coronation of the right excellent Prince James, by the grace of God, prince and stewart of Scotland, compeared Arthur Hamilton of Myreton, procurator specially constituted by John [Hamilton], archbishop of St Andrews and Gavin [Hamilton], commendator of Kilwinning, commissioners lawfully constituted by a noble and mighty prince James [Hamilton], duke of Chatelherault, in all his honest and lawful business during his remaining out of this realm, as at length is contained in his commission under his seal and subscription manual, of the date 4 August, the year of God, 1566, and in the said letters of procuratory of the date at Hamilton, 28 July instant, subscribed as appeared with the hands of the said archbishop and commendator, and there the said Arthur, procurator foresaid, in name and on behalf of the said duke of Chatelherault, protested that whatsoever thing is done or to be done towards the coronation of the said most excellent prince, what acts, consents, constitutions be made thereupon, should in no way prejudice or be hurtful to the said noble and mighty duke of Chatelherault, and the rest of the queen's majesty of Scotland's royal blood, lawfully descended in their title and succession of the said crown, whenever it shall please God by any just right to call them thereto, more than if the said coronation had never been done; and thereupon asked instruments and documents of us joint notaries public under-subscribing; this was done in the council held within the castle of Stirling, day, year and place above-written.

  1. NAS, PC1/5, 16-17. Back
  2. NAS, PC1/5, 17-20. See also differing versions given at 1567/12/104. Back
Procedure: letters of demission from Mary queen of Scots; commission of regency to the Earl of Moray

The same day, within the parish kirk of Stirling, convened the noble and mighty lords underwritten, they are to say James [Douglas], earl of Morton, lord of Dalkeith; John [Stewart], earl of Atholl, lord of Balvenie; Alexander [Cunningham], earl of Glencairn, lord of Kilmaurs; John [Erskine], earl of Mar, lord Erskine; William [Graham], earl of Menteith; John [Graham], master of Graham; Alexander [Home], lord Home; Patrick [Lindsay], lord Lindsay of the Byres; William [Ruthven], lord Ruthven; Edward [Crichton], lord Crichton of Sanquhar; Robert [Sempill], lord Sempill; John [Stewart], lord Innermeath; Andrew [Stewart], lord Ochiltree; James [Sandilands], lord St John of Torphichen; Adam [Bothwell], bishop of Orkney; Robert [Pitcairn], commendator of Dunfermline; James [Stewart], commendator of Inchcolm; Adam [Erskine], commendator of Cambuskenneth; John [Erskine], commendator of Dryburgh and Inchmahome; Alexander [Colville], commendator of Culross; Robert [Cunningham], minister of Failford; Master Robert Richardson, commendator of St Mary Isle, treasurer; Sir William Murray of Tullibardine, knight, comptroller; William Maitland of Lethington, younger, secretary; Sir John Bellenden of Auchnoull, knight, justice clerk; Master John Preston and Nicol Uddart, commissioners of the burgh of Edinburgh; John Erskine of Dun, provost of Montrose; Master James Haliburton, provost of Dundee; John Stewart of Minto, knight, provost of Glasgow; John Craigengelt of that Ilk, provost of Stirling; Charles Drummond [of Kingsfield], provost of Linlithgow; the commissioners also of Ayr, Irvine and diverse others of the nobility, spirituality, commissioners of burghs and barons; where the right high and illustrious Prince James, by the grace of God, prince and stewart of Scotland, being presented, in presence of his grace and the lords of the nobility, spirituality, commissioners of burghs and barons foresaid, after invocation of the name of God, the said Patrick, lord Lindsay of the Byres and William, lord Ruthven, at command and by virtue of [Mary], the queen's majesty, our sovereign lady's letters subscribed with her hand and under her privy seal, compeared, and, in her majesty's name and upon her behalf, demitted and renounced the government, guiding and ruling of this realm, lieges and subjects thereof, all intromission with the property, casualty or other things appertaining to her highness thereby, and all right and title that she had, has or may have by any manner of way thereto, in favour of the said most excellent prince, her dearest son, to the effect that he might be inaugurated and placed in this kingdom, the crown royal delivered to him, and be obeyed in all things concerning the same, as her majesty or her predecessors have been in times bygone. And in sign and token thereof, the said Lord Lindsay and Ruthven presented before the said lords of the nobility, spirituality, commissioners of burghs, barons and people convened, the sword, sceptre and royal crown of this realm, requiring the said letters and commission to be read and inserted in the books of secret council to remain for perpetual memory, as also the other two commissions following concerning the regiment of this realm during the minority of the said most excellent prince, of the which the tenors follow:

Mary, by the grace of God, queen of Scots, etc., as may appear in the act above-written, made at Edinburgh on 25 July instant.

Mary, by the grace of God, queen of Scots, to all and sundry our judges and ministers of our laws, lieges and subjects to whom it concerns to whose knowledge these our letters shall come, greeting. Forasmuch as after long, great and intolerable pains and labours, taken by us since our arrival within our realm, for government thereof, and keeping of the lieges of the same in quietness, we have not only been vexed in our sprit, body and senses thereby, but also at length are altogether so wearied thereof that our ability and strength of body is no longer able to endure the same. Therefore, and because nothing earthly can be more comfortable and happy to us in this earth than in our lifetime to see our most dear son, the native prince of this our realm, placed in the kingdom thereof, and the crown royal set on his head; we, of our own free will and special motive, have demitted and renounced the government, guiding and governing of this our realm of Scotland, lieges and subjects thereof, in favour of our said son, to that effect that in all times hereafter he may peaceably and quietly enjoy the same without trouble, and be obeyed as native king and prince of the same by the lieges thereof. And understanding by reason of his tender youth he is not of ability in his own person to administrate in his kingly position and government as equity requires, until that hereafter he comes to the years of discretion, and also knowing the proximity of blood standing between our said son and our dearest brother James [Stewart], earl of Moray, lord Abernethy, etc., and having experience of the natural affection and kindly love he has in all times borne and presently bears towards us, and the honour and estate of our said son, of whose love and favour towards him we cannot but assure ourself, to whom no greater honour, joy nor felicity in earth can come than to see our said son inaugurated in his kingdom, feared, reverenced and obeyed by his lieges thereof; in respect whereof, and of the certainty and notoriety of the honesty, ability, qualification and sufficiency of our said dearest brother to have the cure and regiment of our said dearest son, realm and lieges foresaid during our said son's minority, we have made, named, appointed, constituted and ordained, and by these our letters name, appoint, make, constitute and ordain, our said dearest brother James, earl of Moray regent to our said dearest son, realm and lieges foresaid during his minority and less-age, and until he be of the age of seventeen years complete, and that our said dearest brother be called during the said period regent to our said son, realm and lieges, so that our said son, after the completing of the years foresaid, in his own person may take upon him the said government and use and exercise all and sundry privileges, honours and other immunities that appertain to the office of a king, as well as in governing his realm and people according to the laws as in repressing the violence of such who would invade or unjustly resist him or them or his royal authority; with power to our said dearest brother James, earl of Moray, in name, authority and on behalf of our said most dear son, to receive resignations of whatsoever lands held of him, or yet of offices, castles, towers, fortalices, mills, fishings, woods, benefices or pertinents whatsoever, the same again in our said son's name to give and deliver signatures thereupon, and upon the gifts of wards, non-entries and reliefs of lands, marriages of heirs falling or that shall happen to fall in our said son's hands as superior thereof, and also upon presentation of lands, benefices, escheats of goods moveable and unmoveable, debts and tacks, respites, remissions, supersederes, and upon the disposition of vacant offices, or when they shall happen to become vacant, to subscribe and cause be passed the seals; the said office of regency to use and exercise in all things, privileges and commodities, as freely and with as great liberty as any regent or governor to us or our predecessors used in any times bygone, and as if every head, privilege and article concerning the said office were at length expressed and amplified in this our letter, promising to hold firm and stable in the word and faith of a prince to whatsoever things our said dearest brother in these matters happens to do. Charging therefore you, all and sundry, our judges and ministers of law, lieges and subjects foresaid, to answer to and obey our said dearest brother in all and sundry things concerning the said office of regency as you and each one of you will declare you loving subjects to our said dear son, and under all pain, charge and offence that you and each one of you may commit and incur against his majesty in that part. Subscribed with our hand, and given under our privy seal, at Lochleven, 24 July, and of our reign the twenty-fifth year [1567].

Mary, by the grace of God, queen of Scots, to all and sundry our judges and ministers of law, lieges and subjects, whom it concerns, to whose knowledge these our letters shall come, greeting. Forasmuch as by long, irksome and tedious travails taken by us in the government of this our realm and lieges thereof, we are so vexed and wearied that our body, spirit and senses are become altogether unable any longer to labour in that position, and therefore we have demitted and renounced the office of government of this our realm and lieges thereof in favour of our most only, dear son, native prince of this our realm; and because of his tender youth and inability to use the said government in his own person during his minority, we have constituted our dearest brother James, earl of Moray, lord Abernethy, etc., regent to our said son, realm and lieges foresaid, and in respect that our said dearest brother is actually out of our realm, and cannot instantly be present to accept the said office of regency upon him, and use and exercise the same during our said dearest son's minority, we, until his returning within our realm, or in case of his death, have made, constituted, named, appointed and ordained, and by these our letters make, constitute, name, appoint and ordain, our trusty cousins and councillors James, duke of Chatelherault, earl of Arran, lord Hamilton; Matthew [Stewart], earl of Lennox, lord Darnley, etc.; Archibald [Campbell], earl of Argyll, lord Campbell and Lorne, etc.; John, earl of Atholl; James, earl of Morton; Alexander, earl of Glencairn; and John, earl of Mar, regents to our said dearest son, realm and lieges; and in case our said brother James, earl of Moray comes within our realm and refuses to accept the said office of regency upon his singular person, we make, constitute, name, appoint and ordain our trusty cousins and councillors foresaid and our said brother regents of our said dear son, realm and lieges, giving, granting and committing to them, or any five of them jointly, full power for our said son, and in his name to receive resignations of lands, make disposition of wards, non-entries, reliefs, marriages, benefices, escheats, offices and other casualties and privileges whatsoever concerning the said office, signatures thereupon to make, subscribe and cause be passed through the seals, and to use and exercise the said office of regency in all things, privileges, commodities, as freely and with as great liberty as any regent or governor to us or our predecessors used the same in any times bygone, promising to hold firm and stable in the word and faith of a prince to whatsoever things our said dearest cousins do in these matters. Charging therefore you, all and sundry, our judges and ministers of law, lieges and subjects foresaid, to answer to and obey our said trusty cousins, regents foresaid, in all and sundry things concerning the said office of regency, during our said dearest son's minority, and until he be of the age of seventeen years complete, as you and each one of you will declare you loving subjects to our said most dear son, your native prince, and under all pain, charge and offence that you and each one of you may commit and incur against his majesty in that part. Subscribed with our hand, and given under our privy seal, at Lochleven, 24 July, and of our reign the twenty-fifth year [1567].

Which being openly read, the said earls of Morton, Atholl, Glencairn, Mar, Menteith, Master of Graham, Lord Home and the bishop of Orkney, in name of the three estates presently convened and assembled, according to the command and tenor of the said first commission, received the said renunciation and demission, in favour of the said most excellent prince, and after the receiving thereof, the said James, earl of Morton, inclining his body and laying his hand on the book of God, in name and on behalf of his grace, solemnly made the oath and promise following, namely:

I, James, prince and stewart of Scotland, promise faithfully, in the presence of the eternal, my God, that I, enduring the whole course of my life, shall serve the same eternal, my God, to the utmost of my power, accordingly as he required in his most holy word, revealed and contained in the new and old testament; and according to the same word shall maintain the true religion of Jesus Christ, the preaching of his holy word, and due and right administration of his sacraments, now received and practised within this realm; and shall abolish and oppose all false religion contrary to the same; and shall rule the people committed to my charge, according to the will and command of God, revealed in his foresaid word, and according to the lovable laws and constitutions received in this realm, in no way repugnant to the said word of the eternal, my God; and shall procure to my utmost to the kirk of God and whole Christian people true and perfect peace in all times coming; the rights and rents, with all just privileges of the crown of Scotland, I shall preserve and keep inviolate, neither shall I transfer nor alienate the same; I shall forbid and repress in all estates and all degrees theft, oppression and all kind of wrong; in all judgements, I shall command and procure that justice and equity be kept to all creatures without exception, as he be merciful to me and you that is the Lord and father of all mercies; and out of all my lands and empire I shall be careful to root out all heresy and enemies to the true worship of God, that shall be convicted by the true kirk of God of the foresaid crimes; and these things above-written I faithfully affirm by my solemn oath.

After the which solemn oath and promise, the said lords of the nobility, spirituality and commissioners of burghs, as the estates of the realm, by the administration of the said reverend father Adam, bishop of Orkney, anointed the said most excellent prince as king of this realm and dominions thereof, invested and inaugurated his grace therein, delivered into his hands the sword and sceptre, and put the crown royal upon his head, with all due reverence, ceremonies and circumstances requisite and accustomed; and gave their oaths for due and lawful homage and obedience to be made by them to him in all times coming, as becomes subjects to do to their native king and prince. Whereupon the said Sir John Bellenden, justice clerk, in name of the said estates, and also John Knox, minister, and Robert Campbell of Kingencleugh asked acts, instruments and documents.

  1. NAS, PC1/5, 16-17. Back
  2. NAS, PC1/5, 17-20. See also differing versions given at 1567/12/104. Back