[A1571/9/4]* [print] [email] [cite] [preceding] [following]
The lords sitting as they did the previous day.
[A1571/9/5]* [print] [email] [cite] [preceding] [following]
[John Erskine, earl of] Mar protested after he was chosen regent. The which day, in presence of the estates, compeared John, earl of Mar, lord Erskine, being nominated and elected to the office of regency, and made this protestation whereof the tenor follows:
I, John, earl of Mar, lord Erskine, show and declare to you, my lords and others, the estates presently assembled, that albeit it has pleased you by common voice and assent to accord that I shall be placed in the charge of regiment to the king's majesty, his realm and lieges, during his highness's minority, which place I avow before God and the world I was never ambitious of, neither can it be beneficial to me, nor any of mine, in any respect, considering the present troubled state of the realm and the hard reward that such as have proceeded in that office have received. And yet finding the present necessity that the person of the king, our sovereign lord, is in my custody, and not only his highness's person, but the state of his authority and commonwealth of the realm, in hazard and danger at this time, having so many avowed disobedient subjects to his highness and his authority, if it be thought by you, my lords and estates, that my person and travails can supply this want, I will neither contend with you or suffer the good and honest cause we have in hand to be endangered through my refusing or delay, but will expose myself to the peril if you think me qualified for the charge, notwithstanding seeing I am not able by myself nor upon my own counsel, rent or forces to bear this burden. I require that I be accompanied with yourselves, assisted by your counsels and aided by your forces at all occasions of danger, upon my warning to be given to you; and that none of you shall deal in any sort to the hinder or prejudice of the king's estate, or in anything touching the same, without common advice of me and us, all that now profess his highness's obedience; or that shall press me in that deed or grant tending to the violation of my present oath, I protest that then as now, upon any such refusal of your presence, counsel or aiding with your forces, if either you hereafter shall find my inability for the charge, or that I shall find myself overburdened therein above my power, that then upon lawful warning to be given by me to you, the nobility and estates, and with your advice and counsel had thereto, I may lawfully, freely and without violation of my present oath made for acceptance of this office, renounce and admit the same office and administration in the person of any other to be thought suitable and agreed upon by common advice of us all, without reproach to me in faith, honour or otherwise, seeing I aspire not to the position willingly or ambitiously, but altogether against my will, if it were not for the preservation of the king's innocent person, which I have always thought and think so dear to me, and for supplying of the present necessity, which my protestation I require of your lord and others of the estates to be admitted and registered for future memory.
After the which protestation read, the said Earl of Mar agreed to underlie and accept the said charge and office of regency; and to the effect that one uniform concurrence may be between him and the nobility in the setting forth of the glory of God and governing of the affairs of the commonwealth, they with one mind and assent are agreed and condescend mutually to the articles following:
[A1571/9/6]* [print] [email] [cite] [preceding] [following]
In the first, since the eternal God of his great mercy, after the sounding of the trumpet of his blessed evangel throughout this whole realm, for the glory of his own name, has so often and evidently delivered us from diverse and many dangers, which in all appearance to man were inevitable, it becomes that the honour of his godly name be preferred to all earthly and temporal things. Therefore the said John [Erskine], earl of Mar shall expressly profess and avow the true religion of our God as it is now publicly preached within this realm, according to the holy word and established by plain act of parliament; and shall give oath thereupon. And to that effect, he and the said nobility, council and estates shall concur in the maintenance and promoting thereof and in all such things belonging thereto, conforming to the laws already established for the same effect and all other things concerning the policy and government of this realm.
[A1571/9/7]* [print] [email] [cite] [preceding] [following]
Item, the said nobility, council and estates shall concur with the said lord regent to our said sovereign lord in the setting forth of justice equally and indifferently to the whole lieges and subjects of the realm, according to the laws thereof, as well in the civil and criminal affairs, without grudge of them or solicitation in the contrary.
[A1571/9/8]*[print] [email] [cite] [preceding] [following]
Item, seeing it is most notorious that not only are the poor lieges of this realm oppressed and harried by thieves, oppressors and others, but also the whole estates of the same are out of frame and order that goodly it cannot long continue and be a realm unless hasty remedy be put thereto; therefore the said council, nobility and estates shall accompany and remain with the said lord regent, tutor to our said sovereign lord, in such places as shall be thought expedient, until the king's majesty's authority shall be universally established and recognised through the whole realm; which being brought to pass, that thereafter a reasonable number of the said lords shall accompany him and await on the council, by whose advice the whole affairs of the commonwealth may be ordered.
[A1571/9/9]* [print] [email] [cite] [preceding] [following]
Item, forasmuch as the public offices of this realm are the principal nerves and sinews which join the whole body and retain and keep the same in order, which being confounded and out of frame, the whole consequently must dissolve and come to nought, it is found, therefore, suitable and convenient that such men be placed in the said offices as are upright, of good judgement and are apt and suitable to enjoy [the same], the quality of the person, without respect, being only regarded and all others presently placed in the same (which the law will permit) to be removed from there, so that all things may go forward uniformly, quietness may be kept and the poor subjects eased thereby.
[A1571/9/10]*[print] [email] [cite] [preceding] [following]
Item, since the king's majesty's house, with his estate and the house to be kept for his regent and for the council, and the expenses to be made upon the common affairs of this realm, must be furnished and sustained upon the revenues of the crown, the council and nobility shall take order for performing of all things requisite in that behalf during the time of my said lord regent's grace. And because these things must be done upon the offices of the treasurer and comptroller, which now are altogether in confusion, therefore the said lords shall take such order with the officers that the offices may be used orderly and quietly in times coming, without grudge or trouble.
[A1571/9/11]*[print] [email] [cite] [preceding] [following]
Item, they have consented and condescended that no remission nor respect be granted to any manner of persons for any murders, vile slaughters or other crimes equivalent thereto, committed since the king's coronation or to be committed during the time that it shall please God to burden the said lord regent with the charge aforesaid, nor yet shall they reset, maintain privately nor openly any fugitives from the law for the said crimes.
[A1571/9/12]*[print] [email] [cite] [preceding] [following]
Item, when my said lord regent, with advice of the said council and nobility, shall endeavour himself to the promoting of the glory of God, executing of justice and keeping of the realm in quietness, none of them shall grudge thereat in any manner of way, but shall assist him in the just execution of the laws against whatsoever person or persons rebelling against our sovereign lord and contravening the laws, as well within the realm as beyond.
[A1571/9/13]* [print] [email] [cite] [preceding] [following]
Item, because the revenue of the crown is diminished by the disposition thereof in times past, and that the charges which are to be sustained thereon are great and many, therefore my said lord regent, in disposition of the casualties, shall give no part thereof gratis, without advice of the said nobility and council or the most part of them that are present, nor suffer any part of the property of the crown to be unlawfully conveyed and given forth to remain with the persons to whom it is given and conveyed against the law, but shall cause the same be recovered by order of law and justice.
[A1571/9/14]* [print] [email] [cite] [preceding] [following]
Item, my said lord regent faithfully promises that in no time coming during the time of his charge and office he shall contract with any foreign princes toward peace, war, the state of our sovereign lord, his highness's marriage nor transporting of his person out of the place where he is presently to any part or places within this realm or beyond the same; neither suit the liberty of [Mary], the queen, his mother, nor yet shall speak with her, write to her or have any intelligence with her, without advice and consent of the nobility and secret council present, or most part of them.
[A1571/9/15]*[print] [email] [cite] [preceding] [following]
Item, that all persons also forfeited and others against whom summons of treason or process of forfeiture is depending shall in no way be restored, nor the summons or process depending; neither any of their lands, heritages, offices or possessions whatsoever conveyed by the said lord regent; neither yet any remissions, respects, pardons or relaxations whatsoever granted by him to the said persons which are, or shall be, suspected or dilated for the cruel and horrible slaughter and murder of [Henry Stewart, lord Darnley], the king, our sovereign lord's father, and [James Stewart, earl of Moray and Matthew Stewart, earl of Lennox], his regents; nor setting up of another authority in contradiction to the authority already established during [John Erskine, earl of Mar], my said lord regent's charge and government, without the advice and consent of the said lords of secret council, presently professing the king and his authority, or the most part of them. And in case any such remissions, respects, pardons, relaxations or dispositions whatsoever be given or granted, that the same shall be null and of no value, and that no seals be answered thereto and no letters nor executorials be granted thereupon.
[A1571/9/16]* [print] [email] [cite] [preceding] [following]
Item, that the said lord regent shall endeavour himself to observe and keep peace with all kings and princes, friends and confederates of this realm, and especially the godly peace between [Elizabeth I], the queen's majesty of England, and this realm; and shall not pass out of this realm during the time of his said office without special advice and consent aforesaid.
[A1571/9/17]* [print] [email] [cite] [preceding] [following]
Which articles being appointed, read in presence of the nobility and estates convened and they agreeing thereto, the said lord regent made his solemn oath in form following:
I, John [Erskine], earl of Mar, lord Erskine, promise faithfully in the presence of the eternal my God that I, enduring the course of my life, shall serve the same eternal my God to the utmost of my power, accordingly as he requires in his most holy word revealed and contained in the New and Old Testaments, and according to the same word shall maintain the true religion of Jesus Christ, the preaching of his holy word, the due and right administration of his sacraments, now received and practised within this realm, and shall abolish and gainsay all false religion contrary to the same, and shall rule the people committed to my charge during the minority of the king's majesty, my sovereign, according to the will and command of God, revealed in his aforesaid word, and according to the loveable 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 time coming. The rights and rents, with all just privileges of the crown of Scotland, I shall preserve and keep inviolated. Neither shall I transfer or alienate the same. I shall forbid and repress, in all states and degrees, reiving, 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 father of all mercies. And out of all this realm and empire, I shall be careful to root out all heretics and enemies to the true worship of God that shall be convicted by the true kirk of God of the aforesaid crimes. All these things above-written, I faithfully affirm by my solemn oath.
[A1571/9/18]*[print] [email] [cite] [preceding] [following]
The lords, prelates, commissioners of burghs, barons and gentlemen gave their solemn oaths and faithful promises, by extension of their hands, for due obedience to our said sovereign lord, his said regent and authority, and that they shall in no way press him in any act, deed or grant tending to the violation of his said oath and promise in any sort, and that they shall not take his refusal in evil part, being pressed by them in anything against the effect of his said oath and promise.
[A1571/9/19]*[print] [email] [cite] [preceding] [following]
Forasmuch as the nobility, prelates and commissioners of burghs convened in this present parliament, considering the dangerous estate of the commonwealth, the realm being presently destitute of a governor through the slaughter and taking away of his highness's dearest grandfather Matthew [Stewart], earl of Lennox, lord Darnley, lawful tutor and regent to his highness, his realm and lieges, and his highness being yet minor and unable to administer in his own person, having respect to the acts of parliament concerning his highness's coronation and constitution of the regiment of this realm during his majesty's minority, and of [Mary], the queen, his mother's commission, made and subscribed the time of the demission of the crown in his favour; and the same, with good deliberation considered, the said lords of the nobility, prelates, commissioners of burghs and estates above-written found and declared the same commission to be in the self good, valuable and sufficient, and that the whole number of the noblemen mentioned therein, or any four, three, two or one of them professing and acknowledging our sovereign lord's authority, the remainder or the most part of them refusing or having just cause of excuse, might accept upon them the said commission and office of regency to our sovereign lord, his realm and lieges, and might use and exercise the said office by virtue of the said commission, as freely and lawfully as any other governors or regents of this realm have used the same office in times past preceding the date hereof. And the said nobility, prelates and estates having respect to the present necessity which this realm has of an established government, and to the great care and affection borne to the preservation of his highness's innocent person by his right trusty cousin John [Erskine], earl of Mar, lord Erskine, having the governance and custody of the same, his highness's person, presently, and ever since his birth, being also one of the persons nominated in the said commission, a part of the remainder having already made defection from their promised faith and allegiance, and the greatest part of that number, now living and present, willing to eschew the confusion of many governors, are willingly content that the government of the realm be established in the person of the said earl of Mar during his majesty's minority, as being found by public voice, consent and agreement most apt and qualified for the same. And he, notwithstanding his own inability confessed by him for the charge and government, yet considering the necessity of regiment, as well for the king's preservation as government of the realm, has accepted and taken upon him the said charge of regiment until God shall make our said sovereign lord of ability to administer his kingly office in his own person, and has given his oath in presence of the said lords and estates for dutiful administration in the said office, to the pleasure of God, our sovereign lord's honour and commodity of all his highness's good subjects. Therefore, ordain letters to be directed to make publication of the premises by open proclamation at the market cross of Stirling and other places needful, that none pretend ignorance of the same, and to command and charge all and sundry our sovereign lord's lieges and subjects whatsoever to readily answer, intend and obey his majesty's regent aforesaid in his said office and charge of regency during the said space of his highness's minority, and to no others, likewise as any other governors or regents have been obeyed in times past, under the pain of treason; certifying all those that do in the contrary, resisting our said sovereign lord's authority and disobeying his said regent, that they shall be reputed and held as disobeyers and resisters of the same, his highness's authority, and shall be punished for that with all rigour in example of others.
[A1571/9/20]* [print] [email] [cite] [preceding] [following]
We, and every one of us under-subscribing, considering the calamity with which this realm, our native country, is plagued through the inward troubles and civil dissention so long continuing within the same, to the apparent subversion of the commonwealth, and understanding the king's majesty to be crowned and inaugurated and [Mary], the queen, his mother, to be presently in the realm of England, willing therefore to yield to all good means that may quiet the troubled state and settle the same to his highness's obedience, we shall in time coming, likewise we do presently, reverence, acknowledge and recognise his majesty as our sovereign lord and king, and John [Erskine], earl of Mar, lord Erskine, regent to his highness, his realm and lieges thereof, and shall serve and obey his highness, his said regent and authority as becomes dutiful subjects. Our lands and lives in the defence and advancement thereof we shall bestow and wear. The hurt, harm or subversion of the same authority we shall never know nor procure by any means, direct or indirect. All former bonds for obedience of any other authority, subscribed or made by us in any times past, contrary or prejudicial to his highness, his said regent and authority we renounce and discharge, affirming and swearing solemnly upon our faiths and honours to observe and keep this our declaration and plain profession, and every point thereof, by God himself, and as we will answer at his general judgement; wherein if we fail, we are content to be accounted faithless, perjured and defamed, beside the ordinary pain of the laws to be executed upon us without favour, as a perpetual memory of our unnatural defection and inexcusable untruth. In witness hereof, we have subscribed this bond with our hands as follows.