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It was then considered whither the government should be lodged for the interval of time betwixt the decease of the sovereign and the elapseing of the next twenty dayes thereafter in such members of the estates as should happen to be at Edinburgh or come to it for the time, or in the privy councill of the then last deceased king or queen; and the vote being first stated, whither in the estates or in the privy councill and being thereafter stated, whither in the estates jointly with the council or in the estates alone.
The marquess of Montrose protested for himselfe, and in name and behalf of all the peers of this kingdom who should adhere to his protestation, that no vote to be past should in any manner of way prejudge the said peers in their native and undoubted right and dissented from the present vote in so far as it might derogate thereto, and thereupon asked instruments, which protestation was adhered to by his grace the duke of Hamilton, the marquess of Tweeddale, the earls Marischall, Rothes, Buchan, Home, Strathmore, Roxburgh, Haddingtoun, Selkirk, Ruglen and Marchmont, the viscounts of Stormont and Teviot and the lords Blantyre, Beilhaven, Colvill and Kinnaird.
Robert Dundass of Arniestoun protested for himself, and in name of the barons and freeholders of Midlothian, whom he had the honour to represent, and in behalf of any other shire of this kingdom whose representatives shall think fit to adhere to his protestation, that no clause to be voted and insert in the act for security of the kingdom shall in any manner of way prejudge the legal and undoubted right and priviledge of the said shire, or their lawful representatives, and dissented from the present vote in so far as it might derogate from the said right and priviledge of the commissioners for shires, whereupon he asked instruments, which protestation was likewayes adhered to by Sir Robert Dickson of Innerask, the laird of Carnwath, Sir John Lauder of Fountainhall, the laird Saltoun, the laird of Dirletoun, Sir Robert Sinclair, Sir John Home, Sir John Swintoun, Sir Patrick Home, Sir William Ker of Greenhead, William Bennet, younger of Grubbet, the laird of Lamingtoun, the laird of Jerviswood, the laird of Stevenson, younger, the laird of Aikenhead, Mr William Cochran of Kilmaronock, Sir Humphry Colquhoun of Luss, John Grahame of Kilearn, James Graham of Buchlivie, Robert Rollo of Powhouse, Thomas Sharp of Houstoun, John Haldan of Gleneagles, Sir Patrick Murray of Auchtertyre, William Oliphant of Gask, Mungo Graham of Gorthie, Sir Thomas Burnet of Leyes, Alexander Gordon of Pitlurg, William Seton of Pitmedden, James More of Stonywood, the lairds of Grant, elder and younger, the laird of Kilravock, the laird of Balfour, Major Henry Balfour of Dunboig, Robert Douglass of Strathendrie, Mr James Carnegie of Phinhaven, James Halyburton of Pitcurr, David Graham of Fintrie, Alexander Duff of Braco, Sir George Sinclair of Clyth, James Brodie of that ilk, Robert Dunbar of Grangehill and John Bruce of Kinross.
Alexander Watson of Aitherny, commissioner for the burgh of St Andrews, protested for himself, and in name of all the burghs of this kingdom whose representatives shall adhere to his protestation, that no such vote or act should prejudge the said burghs of their just and legal title and priviledge, and dissented from the present vote in so far as it might derogat to the said legal right, title and priviledge of the commissioners for burghs and thereupon he took instruments, which protestation was adhered to by Alexander Robertson, Patrick Bruce, Sir John Erskine, James Spittle, Alexander Duff, Francis Molisone, Sir Andrew Home, Sir James Halket, George Smith, Robert Kellie, Mr John Lyon, George Brodie of Aslisk, George Home, Mr James Bethun, and Mr Alexander Arbuthnot.
After which protestations the vote was asked, whither the first or the second state should be voted, and carried that the second should be voted. Then the vote was asked, whither in the estates jointly with the council or in the estates alone, and carried in the estates jointly with the council.
The lord chancellor, by order of her majesties' high commissioner, adjourned the parliament till Munday next at ten a clock.