Committee members: privy council
The nominatioun and electioun of the kingis majesteis counsall

2Forsamekle as our soverane lord, with advise and consent of the thrie estatis of parliament, hes ratifiit and apprevit the dimissioun of the auctoritie of his regiment maid to his hienes be James, erll of Mortoun, lord Dalkeithe, lait regent to his majestie, his realme and liegeis, to be exerceit heirefter in his awn persoun be advise of his counsale be this present parliament appointit, and lykwayis hes declarit that thair is na uther auctoritie, forme or face of regiment or counsall bot that quhilk is establissit in our soverane lordis persoun, to be exerceit be the advise of his counsall; and the saidis thrie estatis, considering weill the tender aige of our soverane lord, and as yit hes small experience in materis of wecht and importance concerning his majesties croun, the estate of this realme and guvernament of his subjectis, they all in ane voce, haveing thairto his hienes awin mynd and will, have electit and chosin and, be the tennour heirof, electis and cheisis [...]der writtin to be lordis of our soverane lordis previe counsell [...]sonis: thay ar to say, James, erll of Mortoun, lord Dalkeithe etc., [...], erll of Argyll, lord Campbell and Lorne, justice generall etc., Ro[...] Darnelie, Hew, erll of Eglintoun, lord Montgomerie, Williame, erll [...]carne [...] Andro, erll of Rothes, lord Leslie, Robert, erll of Buchane, Robert, lord Boyd, An[...] Uchiltrie, Allane, lord Cathcart, David, commendatar of Dryburgh, and Adame, commendatar off Cambuskynneth, by and attour our soverane lordis officiaris, to wot, the lordis chancellair, thesaurair, secretair, comptrollair, clerkis of register, justiciarie, advocatt and kepar of the previe seall, admittand alsua the officiaris to have acces to the counsell to be present thairat as thay salbe commandit; the quhilkis ordinar officiaris ar appointit ever upoun our soveran lordis counsell, sa mony of thame as will repair thairto, providing alwyse that of the saidis officiaris thair be four, thrie or twa at the leist, continowallie resident as thay salbe commandit be our soverane lord and the remanent of his counsall, and that in absence of the lord chancellair thair be ane president appointit be the remanent of the counsell than resident quha sall exerce his office to his returning. Inlykwise, quhensoevir the comptrollair, thesaurare or secretare salhappin for necessar causis to be absent, thay sal have thair deputis continowallie resident with the counsell for the discharge of sic thingis as apertenis properlie to everie ane of thair chargeis, for the quhilkis deputis they salbe haldin to ansuer respective; and of the remanent tuelff personis, by the saidis ordinare officiaris, thair sall remane with our soverane lord at Striveling, quhair his majestie now is, or quhair his hienes sall happin to be for the tyme, four personis, by the ordour and cours following, quhilkis salbe oblist to mak thair residence for the space of tua monethis: that is to say, the said James, erll of Mortoun, Robert, erll of Levenax, Allane, lord Cathcart and Adame, commendatar of Cambuskynneth, sall mak residence with our soverane lord upoun his counsall fra the first day off August nixtocum inclusive to the last day of September exclusive; the said Coline, erll of Ergyll, Robert, erll of Buchane, Robert, lord Boyd and Andro, lord Stewart of Ucchiltrie sall enter the first day of October, remane and continow to the last of November inclusive; the said Hew, erll of Eglintoun, Andro, erll of Rothes, Williame, erll of Glencarne and David, commendatar of Dryburgh sall enter the first day of December and remane and continow to the last day of Januar inclusive; and thairefter to begynn and continow thair coursis of residence successive according to the ordour and dispositioun foirsaid, providing alwys that in cace ony of the saidis persounis now electit refuis or delay to accept thair charge, or efter thair acceptioun deceis, that our soverane lord, with advise of the remanent of the said counsell, sall elect and cheis utheris in thair place. As als his hienes, with advise foirsaid, thinkis expedient to adjone utheris to the haill numer, not exceding twa or thrie personis, quhilkis haill personis now chosin presentlie upoun the kingis counsell hes maid faithe in presence of the kingis hienes and estatis foirsaidis that thay and everie ane of thame sall gif thair afauld, leill and trew counsall in all thingis that salhappin to be proponit in counsall tending to the honour and suirtie of our soverane lordis maist noble persoun, the comoun affairis of this realme and liegeis thairof, and keip the samyn secrete and unrevelit be ony maner of way as thay sall ansuer to God and his hienes upoun the contrare (exceptand the saidis erllis of Argyill, of Rothes and the chancellair, secretair, directair of the chancellarie now absent and utheris to be chosin as said is). And, thairfoir, the kingis grace and estatis foirsaidis gevis and grantis full power and commissioun to the rest of the foirsaidis personis chosin upoun the said counsall, or ony four of thame, to resave the athis of the saidis lordis absent quhen they salhappin to compeir, quhilk thay declare to have als great strenth, force and effect as the samyn wer now presentlie done. And becaus it is perfytlie knawn to our soverane lord and thrie estatis foirsaidis that the said James, erll of Mortoun, his lait regent, faithfullie, trewlie and diligentlie guvernit the said realme and liegeis during the tyme of his regiment, to the proffit our soverane lord, the comoun welth of the realme and the tranquillitie of all the subjectis; in respect quhairof, and of his wisdome and experience in the affairis of the estate, he is electit and chosin for ane of his hienes previe counsell, appointit to indure quhill further ordour be tane be parliament; and be reasoun that the said erll hes verie laitlie in his guvernament and regiment presentit our soverane lordis persoun in executioun of his auctoritie royall, and als in respect of his guid qualificatioun, diligent knawlege and experience in the affairis, oure soverane lord, withe the advise of his thrie estatis for the causis foirsaidis, and als that the said erll and sic personis of the nobilitie as salbe chargeit in sic maner withe the service of oure soverane lord and his successouris may considder that thay salbe promovit and advanceit to honouris, and that his hienes is not, nor sall not, be forgetfull of thair service past, thairfoir it is ordinit be our soverane lord and his thrie estatis foirsaidis that the said James, erle of Mortoun salbe the first of his majesties counsell and all uther honouris and preeminenceis befoir ony of his hienes subjectis, in respect that he hes sa laitlie borne the commandement of his majestie in his hienes name abone his liegeis as said is. It is ordanit alsua that the maister of requeistis and clerk of secreit counsall sall everie day remember the lord chancellar, or, in his absence, his place haldar, of the effairis concerning the estait of the causis dependand and of requeistis and supplicationis maid, that thai may be proponit, hard, treatit and determinat as the necessitie of everie ane of thame sall require, providing alwayis that in the counsall befoir none be treatit allanerly the publict effairis of the estait of the realme concerning the king and commoun effairis, and that the supplicationis and billis be red and deliverit and particular cause hard ressonat and determinat efter none (except that befoir none thair be na sic occasioun as is befoir specefiit); and that the saidis lordis convene everie day befoir none and efternone for treating of the saidis effairis and remane togidder in decent forme as becummis thair estaitis, honouris and offices for sic reassonabill space as the expeditioun of thair present effairis sall require. And because the greitest prejudice that may3 be engenerat to our soverane lord ather anent materis concerning the estait publict, his awin particular commoditie or the rewle of his subjectis, may stand and consist in the passing and directing of signaturis, lettres and missyves, it is considderit and fund expedient, as als it is statut and ordanit, that the thesaurar, comptrollar or secretar be thame selffis or thair deputis for the quhilkis thai salbe haldin to ansuer as said is, sall first ressave all lettres, writis and signaturis pertening properlie to thair offices, to wit, the thesaurer and his deputis, all signatouris of new infeftmentis proceding from the kingis new dispositioun; infeftmentis of landis cumand in his hienes handes be forfaltour, recognitioun, bastardrie and as last air; of presentationis of heritable tennentis to utheris superiouris of landis haldin of thame and becum in our soverane lordis handis be ressone of foirfaltour, bastardrie and as last air; of giftis of escheitis, of lyfrentis and of reversionis fallin in escheit be foirfaltour; of rehabilitationis of personis foirfaltit improvin or defamit; of respectis and remissionis of giftis and confirmationis of new regaliteis; of erectioun of new barronyis and unioun thairof; of giftis of nonentress in prejudice of the said subwassall and of naturall sazionis and of tailleis; quhilkis being ressavit first from the partie be the said thesaurer or his deputis, thay sall proceid na forder thairin but the advise of oure soverane lordis foirsaid counsall, in quhais presens at thair assemblie the sam salbe schawin and considderit and the abbreviatur of the sam and everie ane thairof salbe insert in the counsall buik be the clerk, with record of the grant or refusall of the samyn be the counsall. And gif the sute be fundin unreassonabill, that thair it sall stay and pas no farthair; bot gif the samyn beis grantit, than sall the thesaurer or his deputis than resident, with ony twa of the saidis lordis of counsall, by the ordinare officiaris foirsaidis and the clerk of secreit counsall, subscrive the said signature or writ grantit in presens of the haill counsall at thair sitting and conventioun andna utherwyiss, thairefter that the said signatour, lettre or wreting be presentit to his majestie to be subscrivit, gif his hienes find the sam ressonabill to be grantit; and that na signatour, lettre nor writing pas utherwyise nor the ordour befoir specefiit be of force, strenth nor effect, and commanding the keiparis of the signet, previe and greit seillis that thai pas na signatour or lettre bot upoun the warrand, keipand all the premisis as thai and everie ane of thame will ansuer to oure soverane lord. And as concerning utheris commoun signatouris, sic as of resignationis or confirmationis efter the forme et tennour of the auld infeftment, na thing changit bot the persoun quha salbe infeft, the signatouris of legitimationis, giftis of escheit of movabillis, signatouris of regress, of wairdis, nonentress, releiff and mariages, of the gift of unlawis signaturis of fundatioun and mortificatioun of guidis movabill fallin in escheit be bastardrie or as last air, and of all utheris signaturis concerning the thesawrer (except befoir exceptit), the thesawrer and his clerk may tak thair compositioun and fyne with the partie according to thair awin discretioun as hes bene usit befoir. It is providit alwyis that the compositioun of the infeftmentis of few ferme of kirklandis sall pas be the commissioneris appointit thairto, as the consuetude hes bene befoir in lyk maner; that the comptroller and his deputis tak cair of the kingis propertie to the customes, and that, be the advise of the counsall, he put sercheouris for forbodin guidis and guidis uncustumat had, or to be had, furth of the realme; and that na licence be gevin for transporting of forbodin guidis and guidis uncustumat had, or to be had, furth of the realme by the advise of the counsall. Lykwise, that the comptroller and his deput present to the counsall all signatouris of new infeftmentis of the kingis propertie, or signatouris past upoun resignationis quhair the contradictioun of the auld infeftment is onywayiss alterit, and that thai proceid thairupoun in manner foirsaid as is abone specefiit concerning the expeditioun of signatouris pertening properlie to the thesaurar. The said comptrollar and his deputis may alwyis set fyve yeiris tak be vertew of his office for payment of the gersum and dewtie and als may enter the kyndlie and native tennentis and pas all uther commoun signatouris properlie pertening to his office without the determinatioun of the counsall. And the secretar and his deputis sall attend upoun thair proper charge, to wit, upoun the dispatche and ressait of all messyves forane and within the realme, of all requeistis maid be our soverane lord to ony of his subjectis and all utheris messyves direct for conventioun and assembling of his estaitis liegeis and subjectis and utheris, be the quhilk our soverane lord may be fundin and oblist; all salf conductis and supplicationis for salf conductis, pervisionis of benefices be resignatioun, dimissioun or new donatioun, all the quhilkis salbe subscrivit be the secretar or his deputis being for the tyme under our soverane lordis subscriptioun, thay being alwayiss proponit and vesiit be the counsall and approvin be thame as said is. And als that na persoun present ony signatour lettre or write to our soverane lord to be subscrivit be his hienes bot the officer quhairinto the charge thairof properlie appertenis as said is, provyding gif thai refuise, the complaintis of all personis thairby interessit salbe hard in the counsall. It is alsua providit that all lettrez commanding our soverane lordis subjectis to ony effect salbe direct be the advise of the counsall and na utherwayis. And in consideratioun of the absence of Robert, commendatar [...]fermling, secretar to our soverane lord, now ambassadour to the quene of England, it is aggreit that [...] George Buchquhannane pensioner of Corsragwell, and Maister Peter Young, preceptour to our soverane lord, supplie his place in that behalf, the ane in absence of the uther. And alsua it is statut and ordanit that the thesaurar and comptrollar ansuer nane of our soverane lordis preceptis for sowmes of money to na persoun or personis, except the saidis preceptis direct or to be direct be vesiit and approvin be the said counsall, and this present ordour takin to indure ay and quhill ane ordour be takin be the parliament.

  1. NAS, PA2/12, ff.2r-3r.
  2. Manuscript is slightly damaged, resulting in a few missing and incomplete words in the text.
  3. 'And because the greitest prejudice that may' is underlined in the manuscript.