[A1596/5/7]¹

Legislation: private act

Act anent the Erllis of Huntlie and Errole

The kingis majestie, haveing oftymes tane grite panes and travellis for quieting of the troublit estate of the north cuntrey kytheit be the effectis that followit upoun the personis and levingis and houses of the principall authouris of the said trouble, besydis the expelling of thame selffis furth of the cheif pairtis and placeis quhair thay maid thair commoun residence, in end it wes thocht meit be his majestie, his counsale, noblemen and baronis of the cuntrey and uthiris resident with his hienes for the tyme, that befoir his majesteis returning furth of the same cuntrey, his hienes sould constitute and appoint ane lieutennent to mak his residence and remaning thairin in his majesteis absence for obviating and withstanding of all forder practizeis, gif ony sould preis tobe attemptit, and reduceing and contening of the inhabitantis thairof undir his majesteis obediens. And albeit sindrie noblemen then present with his majestie wer burdynnit to accept that charge upoun thame, yit few or nane could be movit thairunto, sum excuseing thame selffis be thair inhabilitie and uthiris for want of present preparatioun, sua that delay of tyme in this cais, being then thocht tobe verie dangerous, his majestie wes movit at last of verie necessitie to burdyn his darrest cousing, Ludovik, duke of Lennox, erll Darnelie, lord Torboltoun, Methven and Aubignie with the said charge, eftir the same wes refuseit tobe acceptit be all personis then present with his hienes. Lyke as his majestie wes forceit to furneis him with a counsaill of certane noblemen, besydis forceis of horsemen and futemen, for the bettir executioun of that charge, quhairin he continewit almaist during all the tyme of that winter seasoun. And becaus it wes then thocht tobe verie troublesum and fasheous and almaist unpossible that he sould remane still in thay pairtis furneist with the saidis forceis, seing the money appointit for that eirand with grite difficultie be had, in end he wes movit of verie necessitie be his majesteis allowance to oversee the passing furth of this realme to the pairtis beyond sey of George, sumtyme erll of Huntlie and Frances, sumtyme erll of Errole, cheif authouris of the said trouble, upoun bandis alwayes gevin that thay sould not returne agane within this realme without his hienes speciall licence, and that during the tyme of thair absens thay sould not trafficque to the prejudice of the trew religioun presentlie professit within this realme, his hienes persone, crowne and estate, undir certane pecuniall panes mentionat in the saidis bandis maid thairupoun; and inrespect thairof, to promeis lykwayes be his hienes allowance that the pointis foirsaidis of the said band, being observit and keipit, thair wyffis in that cais sould have intromissioun with thair rentis and leving during the tyme of thair absens. Quhilk promeis his majestie, his nobilitie, counsale and esteatis presentlie convenit findis that his hienes can nawayes violat without spott and dirogatioun of his princelie honnour, and thairfoir hes suspendit and be the tennour heirof suspendis all forder executioun tobe usit aganis the saidis sumtyme erllis tuicheing the intromissioun with thair rentis and leving ay and quhill, eftir tryale, it salbe fundin and declairit that thay have had trafficque to the prejudice of the said trew religioun, as his majestie is informit; quhilk tryale his hienes sall tak and caus be tane betuix and the feist of Lambmes nixttocum, quhairunto sindrie of the ministerie, being now personalie present, promittit to hald hand. And incais eftir tryale it salbe onywayes foundin that thay have had trafficque to the prejudice of the said trew religioun and consequentlie aganis his majestie, his persone, crowne and estate or uthirwayes to have contravenit ony parte of the said band aganis the tennour of the sam, then and in that cais not onlie sall his hienes caus intromissioun to be had with thair rentis and leving and the sam haillelie inbrocht to his hienes use, bot lykwayes thair cautionaris salbe callit and persewit for contraventioun of the saidis bandis and the panes contenit thairintill uptakin of thame with all rigour and extremitie in example of uthairis.