Procedure: articles concerning the regency and government of the realm

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.

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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.

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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.

  1. NAS, PC1/7, pp.3-4. Back
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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.

  1. NAS, PC1/7, pp.3-4. Back
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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.

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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.

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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.

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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.

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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.

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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.

  1. NAS, PC1/7, pp.3-4. Back
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  6. NAS, PC1/7, pp.4-5. Back
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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.

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