[A1572/11/14]¹

Procedure: oaths; declaration and confirmation of regency; bonds of loyalty

Which articles being appointed, read in presence of the nobility and estates convened, and they agreeing thereto, the said lord regent made his solemn oath in manner following:

I, James [Douglas], earl of Morton, promise faithfully in presence of the eternal my God that I, enduring the course of my life, shall serve the same eternal my God to the utmost of my power, accordingly as he requires in his most holy word, revealed and contained in the New and Old Testaments, and according to the same word shall maintain the true religion of Jesus Christ, the preaching of his holy word, the due and right administration of his sacraments now received and practised within this realm, and shall abolish and gainsay all false religion contrary to the same, and shall rule the people committed to my charge during the minority of the king's majesty, my sovereign, according to the will and command of God, revealed in his aforesaid word, and according to the loveable laws and constitutions received in this realm, in no way repugnant to the said word of the eternal my God, and shall procure to the utmost to the kirk of God and whole Christian people true and perfect peace in all time coming. The rights and rents, with all just privileges of the crown of Scotland, I shall preserve and keep inviolated. Neither shall I transfer not alienate the same. I shall forbid and repress, in all states and degrees, reiving, oppression and all kind of wrong. In all judgements I shall command and procure that justice and equity be kept to all creatures, without exception, as he be merciful to me and you that is father of all mercies. And out of all this realm and empire, I shall be careful to root out all heretics and enemies to the true worship of God that shall be convicted by the true kirk of God of the aforesaid crimes. All these things above-written, I faithfully affirm by my solemn oath.

[A1572/11/15]²

The lords, prelates, commissioners of burghs, barons and gentlemen gave their solemn oaths and faithful promises, by extension of their hands, for due obedience to our said sovereign lord, his regent and authority, and that they shall in no way press him in any act, deed or grant tending to the violation of his said oath and promise in any sort, and that they shall not take his refusal in evil part, being pressed by them in anything against the effect of his said oath and promise.

[A1572/11/16]³

Forasmuch as the nobility, prelates and commissioners of burghs presently convened, considering the dangerous estate of the commonwealth, the realm being presently destitute of a governor through the decease of the late John [Erskine], earl of Mar, lord Erskine, late regent to his highness, his realm and lieges, his highness being yet minor and unable to administer in his own person, having respect to the acts of parliament concerning his highness's coronation and constitution of the regiment of this realm during his majesty's minority and of [Mary], the queen, his mother's commission, made and subscribed the time of the demission of the crown in his favour; and the same, with good deliberation considered, the said lords of the nobility, prelates, commissioners of burghs and estates above-written have found and declared, as before, the same commission to be in the self good, valuable and sufficient, and that the whole number of the noblemen mentioned therein, or any four, three, two or one of them, professing and acknowledging our sovereign lord's authority, the remainder or the most [part]⁴of them refusing or having just cause of excuse, might accept upon them the said commission and office of regency to our sovereign lord, his realm and lieges, and might use and exercise the said office by virtue of the said commission as freely and lawfully as any other governor or regent of this realm has used the same office in times past preceding the date hereof. And the said nobility, prelates and estates, having regard to the present estate which the realm has of an established government, and to the great care and affection borne to the preservation of his highness's innocent person by his right trusty cousin, James [Douglas], earl of Morton, lord of Dalkeith, being so near of his majesty's blood, one of the persons nominated in the said commission, and one that has always constantly continued in his highness's service since his majesty's coronation, a part of the remainder having already made defection from their promised faith and allegiance, and others now living and present, willing to eschew the confusion of many governors, are willingly content that the government of the realm be established in the person of the said Earl of Morton during his majesty's minority, as being found by public vote, consent and agreement most apt and qualified for the same. And he, notwithstanding his own inability confessed by him for the charge and government, yet considering the necessity of the regiment, as well for the king's preservation as government of the realm, has accepted and taken upon him the said charge of regiment until God shall make our sovereign lord of ability to administer his kingly office in his own person, and has given his oath in presence of the said lords and estates for dutiful administration in the said office, to the pleasure of God, our sovereign lord's honour and commodity of all his highness's good subjects.

Therefore, ordain letters to be directed to make publication of the premises by open proclamation at the market cross of Edinburgh and other places needful, that none pretend ignorance of the same, and to command and charge all and sundry our sovereign lord's lieges and subjects whatsoever to readily answer, intend and obey his majesty's regent aforesaid in his said office and charge of regency during the said space of his highness's minority, and to none others, likewise as any other governors or regents have been obeyed in times bygone under the pain of treason; certifying all those that do in the contrary, resisting our said sovereign lord's authority and disobeying his said regent, that they shall be reputed and held as disobeyers and resisters of the same, his highness's authority, and shall be punished for that with all rigour in example of others.