The Records of the Parliaments of Scotland to 1707, K.M. Brown et al eds (St Andrews, 2007-2024), date accessed: 28 March 2024
[A1567/12/18]1
Concerning the retention of [Mary], our sovereign lord's mother's person
Item, concerning the article proposed by the earls, lords and other noblemen who took arms at Carberry Hill on 15 June 1567, and concerning their convening of before and of the cause of the apprehension of the queen, mother to our sovereign lord, and whether the said noblemen and others who took arms of before her said apprehension and who joined with them and assisted them at that time, or in any way since, have done the duty of noblemen, good and true subjects of this realm, and in no way offended nor transgressed the laws in that effect, or anything depending thereupon, either preceding or following the same; our sovereign lord, with advice of [James Stewart, earl of Moray], my lord regent, and three estates and whole body of this present parliament, has found, declared and concluded and, by this present act, finds, declares and concludes that the cause and occasion of the conventions and messages of the said earls, lords, noblemen, barons and other faithful and true subjects, and consequently their taking of arms and coming to the fields with open and displayed banners, and the cause and occasion of the taking of the said queen's person on the said 15 June 1567, and holding and detaining her within the houses and fortalice of Lochleven, continually, since, presently and in all time coming, and generally all other things plotted, spoken, written or done by them, or any of them to that effect, since 10 February 1567, upon the which day the late Henry [Stewart, lord Darnley], king, then the said queen's lawful husband and our sovereign lord the king's dearest father, was treasonably, shamefully and horribly murdered, to the day and date of this present act and in all times to come, touching the said queen and detaining of her person, that the cause and all things depending thereon, or that in any way may pertain thereto, the intromission or disposing upon her property, casualties or whatsoever thing pertaining, or that in any way might pertain to her, was in the said queen's own default, in so far as by diverse of her privy letters, written wholly with her own hand and sent by her to James [Hepburn], sometime earl of Bothwell, chief executor of the said horrible murder, as well before the committing thereof as thereafter, and by her ungodly and dishonourable proceeding to a pretended marriage with him, suddenly and imprudently thereafter, it is most certain that she was privy, art and part of the actual devising and deed of the forenamed murder of the king, her lawful husband and father to our sovereign lord, committed by the said James, sometime earl of Bothwell, his accomplices and partakers and, therefore, justly deserves whatsoever has been done to her in any time past, or that shall be used towards her for the said cause in time coming, which shall be used by advice of the nobility, in respect that our said sovereign lord's mother, with the said James, sometime earl of Bothwell, lied about by indirect and coloured means to colour and hold back the knowledge of the truth of the committers of the said crime, yet all men in their hearts were fully persuaded of the authors and devisers of that mischievous and unworthy fact, awaiting until God should move the hearts of some to enter in the quarrel for revenging of the same; and, in the meantime, a great part of the nobility, upon just fear to be handled and demeaned in semblable manner as the king had been of before, perceiving also the queen so enthralled and so blindly affectionate to the private appetite of that tyrant, and that both he and she had conspired together such horrible cruelty, being therewith all garnished with a company of ungodly and vicious persons, ready to accomplish all their unlawful commandments, of whom he had a sufficient number continually awaiting upon him for the same effect, all noble and virtuous men abhorring their tyranny and company, but chiefly suspecting that they, who had so treasonably put down and destroyed the father, should make the innocent prince, his only son, and the principal and almost only comfort sent by God to this afflicted nation, to taste of the same cup (as the many invented purposes to pass where he was, and also where the noblemen were in), by their open confusion, gave sufficient warning and declaration, through which, the said earls, lords, barons and other faithful and true subjects taking arms, or otherwise whatsoever joining and assisting in the said action, and in the said conventions, displaying banners and coming to the fields, taking and retaining of the queen's person, as well in times past as hereafter, and all others that have thereafter, or shall in any time coming, adjoin to them, and all things done by them, or any of them, touching that cause, and all other things depending thereon, or that in any way may appertain thereto, the intromission or disposing upon her property or casualties, or whatsoever other things pertaining, or in any way might appertain to her, was in default of her self and the said James, sometime earl of Bothwell, and by the horrible and cruel murder of our said sovereign lord's late dearest father, conspired, devised, committed, concealed and coloured by them and not condignly punished according to the laws; and that the said earls, lords, barons and other true and faithful subjects convening at any convention bygone and now presently after the said murder, for furthering of the trial thereof; and also they, and all others that were on the fields, took arms, apprehended, held, kept or detained, or presently holds, keeps or detains her person, or shall thereafter, or that has joined or assisted or shall in any time hereafter join to them in that quarrel touching the premises, are, were and shall be innocent, free and acquitted of the same, and of all action and cause, criminal and civil, that may be intended or pursued against them, or any of them therefore in any time coming; and that a part of the three estates aforesaid, prelates, bishops, great barons and burgesses gave their seals thereupon to be used as shall be thought most expedient by them for the honour of the realm and security of the noblemen and others having interest in the said cause; and decrees this declaration to be in no way prejudicial to the issue of our sovereign lord's mother, lawfully coming of her body, to succeed to the crown of this realm, nor their heirs.
- The Actis of King James the Sext, printed by R. Lekprevick (Edinburgh, 1568), ff.15r-16r. Bound with earlier parliamentary material at NLS, Black Acts, 1566-94, H.33.c.21, Scots Acts of Parliament, H.33.c.23 or Scots Acts, H.33.c.25.