[1578/7/10]*[print] [email] [cite] [preceding] [following]
Our sovereign lord and three estates of parliament, having considered and well remembered the true, faithful and thankful service done by the late John [Erskine], lord Erskine, father to the late John, earl of Mar and grandfather to John, now earl of Mar, to his majesty's grandfather King James V of most noble memory, [Mary], his mother, and his highness's self respectively in the times of their infancy and youth by government and attendance of their persons being committed to them, as in whom there was most assured trust reposed, as lately our sovereign lord's most dearest mother, with advice of a part of her nobility, committed the nursing of our sovereign lord shortly after his birth to the said late John, earl of Mar, who last deceased, which charge he accepted in and upon him and duly accomplished and fulfilled the same until his death, which was in the month of October 1572; at the which time, order being taken of new for preservation and surety of his highness's person, it was thought most convenient that his majesty should abide and remain within the castle of Stirling where he has been brought up from his youth, the heritable keeping whereof pertained to the said John, earl of Mar, but in consideration of his tender age at the time of his said late father's death, he being then eleven years of his age or thereby, it was appointed and devised that the charge and attendance upon our sovereign lord's person should lie for that time upon Alexander [Erskine], master of Mar, assisted always with the friends of the house of Mar, our sovereign lord's regent for the time; and his council's intention being that the said charge should endure until that the said John, earl of Mar might become more able for that service, which appointment and order was duly and well observed, and our sovereign lord approaching the end of the twelfth year of his age, having received the government of his highness's realm in his own hand by demission of the regiment thereof lately exercised of before by James [Douglas], earl of Morton, lord of Dalkeith, who at our sovereign lord's commandment, by advice of the secret council and estates, had delivered to the said Master of Mar his highness's castle of Edinburgh, with the whole plenishing inside, jewels, moveables, ammunition and artillery being therein; and at the same time, the said John, earl of Mar coming to manhood, and by the assistance of the friends of the house, able and qualified to serve in the said charge with which the said Alexander, master of Mar was burdened, but especially in respect of his age, being in pupillage at the time of his said late father's decease, and being appointed to the keeping of the said castle of Edinburgh with the moveables, jewels and ammunition received therewith, being of so great value and importance, could not conveniently attend upon his highness's service in awaiting upon our sovereign lord's person, together with the keeping of the said castle of Edinburgh, as appertains; and herewithal there appearing a certain discontent and diversity to arise between the said John, earl of Mar, his friends and dependants and the said Alexander, master of Mar, which was likely to increase, to the hindrance of our sovereign lord's service, the same was by our sovereign lord and lords of his highness's privy council timeously foreseen, and the matter, being tried in presence of both the said parties, final order was taken by his highness and lords of secret council by all their consent that for diverse reasonable causes the attendance upon our sovereign lord's person and keeping of the said castle of Stirling, where his highness did abide and abides, should chiefly appertain to the said John, earl of Mar, as an ordinance made by our sovereign lord and lords of secret council, approved and subscribed by both the said parties of the date at Stirling Castle, 3 May 1574, at more length purports; and therefore our sovereign lord and the said three estates of parliament have found, declared and decreed, and by the tenor of this present act, find, decree and declare that the late John, earl of Mar, sometime regent to his majesty, his realm and lieges, and John, now earl of Mar, lord Erskine, his son and heir, Dame Annabella [Murray], countess of Mar, his mother, Alexander Erskine of Gogar, master of Mar, David [Erskine] commendator of Dryburgh, Adam [Erskine], commendator of Cambuskenneth, and James Colville of Easter Wemyss and [John] Livingstone of Dunipace and others, the friends, servants and dependants upon the said Earl of Mar assisting his said late father and mother, his uncle and himself in performing of the charges of the preservation of his majesty's person and castle of Stirling, in the which his highness's residence has been to this present time, have done his majesty worthy, true, thankful and good service, and duly accomplished their said charge, and that whatsoever intervened or was done in the late alteration of the estate of the keeping of the castle aforesaid and attending upon his majesty's person being therein on 26 April 1578, or since, was done for the honour, well and surety of his highness's most noble person and furtherance of his service, and for discharge of the said Earl of Mar and pensions aforesaid, [his] duties in the safeguard of our sovereign lord's person and the honour of that house to the which the credit was committed according to the instructions given to the said late John, earl of Mar, his father, at the first receiving of his highness's person and castle aforesaid in keeping and diverse times since; and that the said earl, the said countess of Mar, his mother, the said Master of Mar and the commendators of Dryburgh and Cambuskenneth and others, the said earl's friends, dependants and servants assisting them therein the day aforesaid or since, have done his majesty very true, good and acceptable service in the same, decreeing and declaring by this present act that the same alteration of the keeping of the said castle, his highness's majesty being therein, nor nothing done thereupon preceding, following or depending thereupon shall ever be imputed as any action, civil or criminal, against them or any of them; and that they and their cautioners shall incur no pain, hurt or danger thereto in their person, lands or goods, but renouncing all instance and action that may be pretended or pursued against them or any of them for that; and exonerate and discharge them of the same forever by this present act. And also our said sovereign lord and three estates of parliament ratify and approve the said order and appointment made by his highness, with advice of his privy council, and with consent of both the said parties, concerning the attendance upon his highness's person and keeping of the said castle of Stirling, and decree the same to have the force and strength of an act of parliament.