[A1572/11/1]*[print] [email] [cite] [preceding] [following]
[A1572/11/2]* [print] [email] [cite] [preceding] [following]
†The which day the estates and others above-written, being convened in council, entered in deliberation toward the present estate of the realm, now being destitute of a governor through the death of the late John [Erskine], earl of Mar, lord Erskine, late regent to our sovereign lord, his realm and lieges, 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 the 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, considering the same with good deliberation, the said lords of the nobility, pre[lates], commissioners of burghs and estates above-written find and dec[lare] the said commission to be in the self good, valuable and sufficient, a[nd] 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, may accept upon them the said commission and office of regency to our sovereign lord, his realm and lieges, and may 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 time past, preceding the date hereof. And first of all, agreed that one is more convenient to rule and govern in the king's majesty's minority than more; secondly, all promised and gave their solemn oaths to obey the person that should happen to be chosen to that place; and lastly, the noblemen present gave their oaths that whosoever should happen to be chosen to the said office of regency should accept the same and not refuse it.
The which day the said James, earl of Morton was elected to the said office of regency to our sovereign lord, his realm and lieges during his majesty's minority, by plurality of votes of the said estates and others above-written. After which election, the said Morton agreed to underlie and accept the said charge and office of regency, and to the effect that a 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 condescended mutually to the articles following.
[A1572/11/3]*[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 the 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 majesty be preferred to all earthly and temporal things. Therefore, the said James, earl of Morton shall expressly profess and avow the true religion of our God as it is now publicly preached within this realm, conforming to the holy word 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.
[A1572/11/4]*[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.
[A1572/11/5]* [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 being 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.
[A1572/11/6]*[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 being 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 therefrom, so that all things may go forward uniformly, quietness may be kept and the poor subjects eased thereby.
[A1572/11/7]*[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 in the common affairs of the 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 treasury 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.
[A1572/11/8]* [print] [email] [cite] [preceding] [following]
Item, they have consented and condescended that no remission or 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 reset nor maintain privately nor openly any fugitives from the law for the said crimes.
[A1572/11/9]* [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 outwith.
[A1572/11/10]* [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.
[A1572/11/11]*[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 estate 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 outwith 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.
[A1572/11/12]*[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 of 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 another authority in contradiction of the authority already established during [James Douglas, earl of Morton], 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.
[A1572/11/13]*[print] [email] [cite] [preceding] [following]
Item, that the said lord regent shall endeavour himself to observe and keep peace with the 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.
[A1572/11/14]*[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 manner following:
I, James [Douglas], earl of Morton, promise faithfully in 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 the 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 not 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 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.
[A1572/11/15]*[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 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.
[A1572/11/16]*[print] [email] [cite] [preceding] [following]
Forasmuch as the nobility, prelates and commissioners of burghs presently convened, considering the dangerous estate of the commonwealth, the realm being presently destitute of a governor through the decease of the late John [Erskine], earl of Mar, lord Erskine, late regent to his highness, his realm and lieges, 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 have found and declared, as before, 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 governor or regent of this realm has used the same office in times past preceding the date hereof. And the said nobility, prelates and estates, having regard to the present estate which the 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, James [Douglas], earl of Morton, lord of Dalkeith, being so near of his majesty's blood, one of the persons nominated in the said commission, and one that has always constantly continued in his highness's service since his majesty's coronation, a part of the remainder having already made defection from their promised faith and allegiance, and others 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 Morton during his majesty's minority, as being found by public vote, 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 the 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 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 Edinburgh 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 none others, likewise as any other governors or regents have been obeyed in times bygone 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.
[A1572/11/17]*[print] [email] [cite] [preceding] [following]
We, and every one of us under-subscribing, understanding the king's majesty, our only sovereign lord, to be lawfully inaugurated and possessed with the royal crown of this kingdom of Scotland, and according to our debt bound duties and allegiance, being careful of his highness's safety and preservation, and to procure all good means that may quiet and settle this troubled state to his highness's obedience, therefore we shall, God willing, likewise we do presently reverence, acknowledge and recognise his majesty as our sovereign lord and king, and James [Douglas], earl of Morton, lord of Dalkeith etc., 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 to 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 whereof, we have subscribed this bond with our hands as follows.