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The laws and acts of the parliament of our most high and dread sovereign Anne, by the grace of God, queen of Scotland, England, France and Ireland, defender of the faith, held and begun at Edinburgh, 6 May 1703, by his grace James [Douglas], duke of Queensberry, marquis of Dumfries-shire, earl of Drumlanrig and Sanquhar, viscount of Nith, Torthorwald and Ross, lord Douglas of Kinmont, Middlebie and Dornock etc., principal secretary of state for the kingdom of Scotland, one of the lords of her majesty's most honourable privy council, treasury and exchequer, an extraordinary lord of session and knight of the most noble order of the garter, her majesty's high commissioner for holding the same, by virtue of a commission under the great seal of this kingdom.
With the special advice and consent of the estates of parliament underwritten.
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Prayers said.
Her majesty's commission to James [Douglas], duke of Queensberry for representing her royal person in this session of parliament was read by the lord clerk register and ordered to be recorded, whereof the tenor follows:
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we, moved by serious reasons of great importance, took pains to proclaim that the parliament of this our ancient kingdom of Scotland, due to meet at Edinburgh on 12 November last bypast, which we prorogued until 6 May next to come, and we, called by affairs of great importance in our other kingdom of England, cannot be present at the first session of our said parliament, we have decided to give a commission to represent our sacred person and authority therein to a most eminent man of the highest rank, proven good faith and imbued with extraordinary talents, and the unfailing loyalty, extraordinary talents and good faith of our most loyal and well-beloved kinsman and councillor James, duke of Queensberry, our principal secretary of state and one of the commissioners of our treasury in the foresaid kingdom, a man of the highest experience over a long period of time who has loyally fulfilled the various high appointments entrusted to him, especially as our commissioner representing our person on previous occasions; therefore since he is so gifted with so many talents of such a kind, which render him most suitable to fulfil this appointment, and promote our pious, royal intentions not only by serving us loyally but also by increasing the common good of our kingdom in church and state, know therefore that we have given and granted, and by the tenor of this commission do give and grant our foresaid most loyal and well-beloved kinsman and councillor James, duke of Queensberry, our most full and abundant power and commission to represent our sacred person and exercise our royal authority as our high commissioner in the first session of our said parliament in our foresaid ancient kingdom of Scotland, and in anything else pertaining to the welfare of the church, the peace and governance of our said kingdom, and the promotion of our service in each administrative function of the same. Moreover, by the tenor of this commission we mark the forementioned James, duke of Queensberry, with our royal title of our commissioner, and we grant him full authority and power to carry out each and every thing relating to the appointment and authority of high commissioner as fully and freely to all effects and conditions as any other person of the same appointment and authority will ever have done, or will have been able to do, during the reigns of any of our predecessors. We do and shall consider binding and permanent each and every thing legally done by him in the execution of this said commission; and we straitly order and command each and every one of our officers of state, those who give us private counsel, the judges, the officers of our troops in this kingdom and all other subjects whomsoever of our said kingdom to acknowledge the foresaid James, duke of Queensberry, as our high commissioner representing our sacred person and exercising our royal authority, and to pay him respect and obedience to the effect and according to the pattern laid down in this our commission. This commission is declared to begin from the date of this patent, and is to continue in force during the first session of the said parliament and until we are pleased to revoke it. Finally, we declare that this our commission in no way derogates from or prejudices any other letter of appointment or commission of the foresaid James, duke of Queensberry, concerning any other task† we have entrusted to him, but they will continue in full force during this our commission, and also after its expiry, and during our good pleasure, in the manner contained in each letter of appointment and commission. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 4 March in the year of our Lord 1703, and in the first year of our reign.
Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 21 April 1703. Signed thus, Charles Kerr. Sealed.
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The rolls called.
[Archibald Douglas], earl of Forfar protested in name of [Archibald Douglas], marquis of Douglas that the calling of any in the rolls of parliament before him may not prejudge him of his first vote in parliament.
The earl of Forfar protested also in name of [John Gordon], earl of Sutherland against the calling of any earls before him in the rolls of parliament.
[John Hay], earl of Erroll protested against the calling of any earls before him.
[William Keith], earl Marischal protested against the calling of any earls before him.
[John Erskine], earl of Mar protested against the calling of any earls before him.
[James Douglas], earl of Morton protested against the calling of any earls before him.
[Alexander Montgomery], earl of Eglinton protested against the calling of [John Cunningham], earl of Glencairn before him.
[James Ogilvy], earl of Findlater protested against the calling the earl of Airlie before him.†
[David Leslie/Melville], earl of Leven protested against the calling of [James Livingstone], earl of Callander before him.†
[Roderick MacKenzie of Prestonhall], lord justice clerk, protested in name of [Amelia Fraser], lady Lovat against the calling of any lord before [Alexander MacKenzie], lord Lovat.†
[John Haldane], laird of Gleneagles protested against the ranking of any shires in the rolls of parliament before the shire of Perth.
[Archibald Douglas], laird of Cavers protested against the calling of any other of the barons representing the shire of Roxburgh before him who is the most ancient baron, and against the lord clerk register and lord lyon for altering the order of their commission wherein he is first returned.
[Sir William Anstruther], lord† Anstruther for the shire of Fife protested against the ranking of any other shire in the rolls of parliament before the shire of Fife.
[Major Henry Balfour], laird of Dunbog protested against calling of [David Beaton], laird of Balfour before him, he being son to an ancient lord.
Hugh Montgomery [of Busbie], provost of Glasgow, protested that the order of the rolls that is now called might not prejudge the rank of the burgh of Glasgow.
Sir John Erskine of Alva protested that the calling of him as burgess of the burgh of Burntisland might not prejudge him of his choice to represent the shire of Clackmannan, if his commission from that shire should be sustained and preferred.
[James Spittall], laird of Leuchat for the burgh of Inverkeithing protested against the calling of any other burgh before Inverkeithing.
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Upon calling the rolls there being several questions moved about double elections, and objections against elections from shires and burghs, it was agreed to proceed to constitute the house and to qualify the uncontroverted members and then to resume the consideration of these questions before the voting of any other business.
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After calling of the rolls the court of parliament was fenced in the usual form by the lyon king at arms, the words thereof being read by the lord clerk register and repeated by him as follows:
Forasmuch as this present parliament was called by her majesty's royal authority and special mandate and is now met and convened in obedience thereto, I therefore, in the name of her most sacred majesty Anne, by the grace of God, of Scotland, England, France and Ireland, queen, defender of the faith, and in the name of the high and mighty prince James [Douglas], duke of Queensberry, her majesty's high commissioner for this kingdom, do fence and fix this court to sit, hold and continue during her majesty's pleasure, and I command all and sundry to reverence, acknowledge and obey the same, and I defend and forbid all persons whatsoever to make or occasion any trouble or molestation to this high court of parliament as they will answer at their highest peril.
Whereupon [David Boyle], lord Boyle, lord treasurer depute, took instruments in absence of her majesty's advocate.
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Her majesty's gift and commission in favour of James [Ogilvy], earl of Seafield to be lord high chancellor, read and ordered to be recorded, whereof the tenor follows:
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to her all honest men to whom these present letters shall have come, greetings. In as much as we, understanding how advantageous it is to our service to commit the appointment and office of the highest good faith, that of chancellor of our ancient kingdom of Scotland, to a single individual of unblemished loyalty, integrity and imbued with extraordinary talents, and since we have very many evidences of the loyalty as well as the outstanding talents and integrity of our most loyal and well-beloved kinsman and councillor James, earl of Seafield, whereby he is in every way fitted to exercise and carry out the duties of that very high office; know therefore that we have named, made, constituted and appointed, and by these our letters patent do name, make, constitute and appoint this same, our most loyal and well-beloved kinsman and councillor James, earl of Seafield, during the term of our good pleasure only, high chancellor of our said ancient kingdom of Scotland, and principal keeper of our great seal of this same kingdom. Likewise, we give, grant and entrust to him (during the foresaid period) this same appointment, place and office with every honour, precedence, privilege, fee and salary his predecessors in the said office had and enjoyed, and which are recognised by law and custom as pertaining thereto, and especially with full power and privilege to preside in all parliaments, meetings of the estates and all other meetings which we have summoned or may summon, at which our high chancellor shall be present, (always excepting those of our exchequer when our principal treasurer is present). Likewise, we order and command all our subjects to acknowledge the forementioned James, earl of Seafield, as our foresaid high chancellor and pay him due respect and reverence with every honour and respect due to that high office and appointment. We require and authorise the lords of our said privy council to exact his oath concerning his loyal administration of the said appointment and office, and likewise to ensure that he repeat and sign the oaths of loyalty and safeguard, and other oaths required by statute. In witness whereof, we have ordered that [the]† great seal be appended to this commission. At our palace of St James's, 21 November in the year of our Lord 1702, and in the first year of our reign.
Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 30 November 1702. Signed thus, Charles Kerr. Sealed with the privy seal 30 November 1702, by special warrant until the seal is renewed. Signed thus, William Johnston. Sealed at Edinburgh, 30 November 1702, by special warrant until the seal is renewed, in absence of Sir Andrew Home. Signed thus, George Renton.
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Her majesty's gift and commission in favour of William [Johnston], marquis of Annandale, to be president of her most honourable privy council, read and ordered to be recorded, whereof the tenor follows:
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all her honest men to whom our present letters shall have come, greetings. In as much as we, calling to our royal mind the outstanding loyalty, the most loyal services and the extraordinary talents of our most loyal and well-beloved kinsman and councillor William, marquis of Annandale, whereby he is in every way suitable to exercise properly an appointment and office of the highest good faith, that of president of our privy council of our ancient kingdom of Scotland; know therefore that we have named, constituted and appointed, and by the tenor of this commission do name, constitute and appoint the foresaid William, marquis of Annandale, president of our privy council of our said ancient kingdom of Scotland, during the term of our pleasure only, with full power to use, take pleasure in and enjoy the foresaid appointment and office, and to exercise the same with every honour, dignity, privilege, immunity and casual profit whatsoever relating thereto; and likewise, by the tenor of this commission, we ordain that the foresaid William, marquis of Annandale, foresaid president of our privy council, in all times and at all times during the foresaid period, has priority and precedence immediately after our sole and principal treasurer of the said kingdom, and immediately after the place of precedence which the principal treasurer held or should have held in former times. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 15 December in the year of our Lord 1702, and in the first year of our reign.
Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 23 December 1702. Signed thus, Charles Kerr. Sealed at Edinburgh, 24 December 1702, by special order until the seal is renewed. Signed thus, Alexander Ogilvie.
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Her majesty's gift and commission in favour of John [Murray], earl of Tullibardine, to be lord privy seal, read and ordered to be recorded, whereof the tenor follows:
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to honest men to whom our present letters shall have come, greetings. Know that we, calling to our royal mind the outstanding loyalty and great talents of our well-beloved kinsman John, earl of Tullibardine etc., whereby he is in every way fitted loyally to exercise the appointment and office of our lord privy seal of the said kingdom, have therefore named, constituted and appointed, and by the tenor of this commission do name, constitute and appoint the said John, earl of Tullibardine, for the period of our pleasure only, lord privy seal of our said kingdom. Likewise, we give, grant and entrust to him the appointment and office of lord privy seal with place and order of precedence next to and immediately after the lord president of our privy council of the said kingdom, with every honour, privilege, dignity, fee, casual profit, profit and service whatsoever relating thereto, which he is to take pleasure in and enjoy as fully and freely in every respect and condition as those possessed and enjoyed by our kinsman and councillor William, marquis of Annandale, recently lord privy seal, or by any other of his predecessors in the said place and office at any time in the past, with power to the said John, earl of Tullibardine, to nominate and constitute depute keepers of the said privy seal, and to create clerks and secretaries to the said seal, for whom he will be responsible, and in general to do, use and exercise each and every other thing relating to the privilege and liberty of the said office in former times, which shall be recognised in future as relating to it in any way. We regard as binding and permanent everything legally done by the said John, earl of Tullibardine, in the exercise of the said appointment and office. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 15 December in the year of our Lord 1702, and in the first year of our reign.
Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 23 December 1702. Signed thus, Charles Kerr. Sealed at Edinburgh, 24 December 1702, by special order until the seal is renewed. Signed thus, Alexander Ogilvie.
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Her majesty's gift and commission in favour of George [MacKenzie], viscount of Tarbat, to be one of her principal secretaries of state for this kingdom, as also a letter from her majesty to my lord commissioner appointing the said viscount to have the seat and vote of secretary of state for this session of parliament, both read and ordered to be recorded, the tenors whereof follow:
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all her honest men to whom our present letters shall have come, greetings. In as much as we, noting that the appointment and office of one of our principal secretaries of state of our ancient kingdom of Scotland is now vacant because of the promotion of our most loyal and well-beloved kinsman and councillor James, earl of Seafield, to the office of high chancellor of our said kingdom, and that nothing is more conducive to the welfare of our service and kingdoms than to have men of proven loyalty and integrity appointed as the principal ministers of our crown, especially our secretaries of state, whereby we shall be able to have a particular trustworthiness respecting our authority and the welfare of our subjects; and we are abundantly satisfied concerning the extraordinary talents, probity and other excellent abilities of our most loyal and well-beloved kinsman and councillor George, viscount of Tarbat, whereby he is in every way fitted for the appointment and office of one of our foresaid secretaries of state; therefore on account of the foresaid, and many other reasons and considerations of great importance, know that we have named, made, constituted and appointed, and by the tenor of this commission do name, make, constitute and appoint this same George, viscount of Tarbat, one of our two secretaries of state for the said ancient kingdom of Scotland, (during the term of our pleasure only, and until this commission may be revoked and discharged in writing), conjointly with our most loyal and well-beloved kinsman and councillor James, duke of Queensberry, the other secretary of state for the said kingdom; and by the tenor of this commission, we give and grant the foresaid George, viscount of Tarbat, (during the foresaid period), the place, office and appointment of one of our two conjoint foresaid secretaries of state, with a fair and equal half of all honoraria, emoluments, benefits, casual profits, dignities and immunities which pertained to the said appointment and office in the past, or could relate and pertain thereto, together with an annual pension of £1,000 sterling according to the donation of the same which we have granted him with this commission, with full power to use and exercise the foresaid appointment and office, and especially [the power] to write, sign and offer us all donations, cautions and documents whatsoever requiring our royal signature, to raise and receive a fair and equal half of all honoraria, payments and casual profits relating thereto, and to have equal power and privilege with the said James, duke of Queensberry, (our other secretary of state for the said kingdom), to receive, insert and preserve all signets of the said kingdom, and to apply an equal half of the benefits and emoluments relating thereto to his own private uses and welfare; and power to constitute deputes and keepers of our said signets, and to admit and receive all clerks and secretaries to our signet, along with all sheriff-clerks and clerks of the peace in the said kingdom, and by that authority to apportion to them, as many times as the said appointments are vacant for whatever reason, commissions whereby they can enjoy and exercise the said appointments for life, to receive a half of the composition-fees and benefits arising from the admission of the said clerks, and to put it to his private uses. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 21 November in the year of our Lord 1702, and in the first year of our reign.
Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 30 November 1702. Signed thus, Charles Kerr. Sealed at Edinburgh, 30 November 1702, in absence of Sir Andrew Home, by special warrant until the seal is renewed. Signed thus, George Renton.
Follows the tenor of the foresaid letter appointing the viscount of Tarbat to sit and vote as secretary in this session of parliament.
Signed above thus, Anne Regina,
Right trusty and right entirely beloved cousin and councillor, we greet you well. Whereas we have ordered our right trusty and well beloved cousin and councillor George, viscount of Tarbat, one of our secretaries of state for that our kingdom of Scotland, to repair thither and to be present at the ensuing session of parliament, and whereas it belongs only to one of our two secretaries indefinitely to have place and vote in parliament as an officer of state, therefore we do nominate and appoint the said George, viscount of Tarbat, to have place and vote and in everything to act in the ensuing session of parliament as the secretary of state to whom we will have the said privilege belong for this time. So we bid you heartily farewell. Given at our court at St James's, the [...] day of [...] 1702/3, and of our reign the second year.
By her majesty's command
Signed thus, Queensberry.
Directed thus: to our right trusty and right entirely beloved cousin and councillor James, duke of Queensberry, our commissioner to our parliament of our ancient kingdom of Scotland.
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Her majesty's gift and commission in favour of Sir James Murray of Philiphaugh to be lord clerk register, read and ordered to be recorded, whereof the tenor follows:
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we are already abundantly satisfied both of the loyalty and outstanding talents, and also the sincere integrity of our most loyal and well-beloved councillor, Sir James Murray of Philiphaugh, and in particular that he is in every way fitted to exercise the appointment and office of clerk of our registers and rolls in our said kingdom; know therefore that we have named, constituted and appointed, and by the tenor of this commission do name, constitute and appoint the said Sir James Murray, (during the period of our pleasure only), clerk of our registers and rolls of our council of session and exchequer, and of all commissions of the meetings of parliaments and estates in our said kingdom, by giving and granting him this same appointment and office during the foresaid period, with every honour, dignity, privilege, profit, immunity and casual profit whatsoever relating thereto, or which may be considered to relate thereto by right and the practice of our said kingdom; with full and absolute power and authority to choose and constitute one or more substitute or depute clerks in the said office or any part thereof for the lifetime of such substitutes or deputes, who shall exercise their offices† with all the emoluments of the same throughout all the days of their life respectively. Finally, we ordain and grant him authority to do and fulfil each and every thing relevant to the said office concerning the law and practice of this our kingdom, or done by anyone else in the same office in earlier times; and by the tenor of this commission, we ordain and constitute the said Sir James Murray to have, to raise and to receive the entire past profits, payments, perquisites and casual profits which have arisen through the said appointment and office from the time we declared the office vacant. In witness whereof, we have taken pains to have our great seal appended to this commission. At our palace of St James's, 21 November in the year of our Lord 1702, and in the first year of our reign. Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 30 November 1702. Signed thus, Charles Kerr. Sealed at Edinburgh, 30 November 1702, in absence of Sir Andrew Home, by special warrant until the seal is renewed. Signed thus, George Renton.
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Her majesty's gift and commission in favour of Mr Roderick MacKenzie of Prestonhall to be lord justice clerk, read and ordered to be recorded, whereof the tenor follows:
Anne, by the grace of God, queen of Great Britain, France and Ireland, and defender of the faith, to all honest men to whom our present letters shall have come, greetings. In as much as we are abundantly satisfied of the integrity and outstanding talents of our most loyal and well-beloved Master Roderick MacKenzie of Prestonhall, whereby he is in every way suited to exercise the appointment, place and office of our justice clerk within our foresaid kingdom of Scotland; know therefore that we have named, constituted and appointed, and by the tenor of this commission do name, constitute and appoint the forementioned Master Roderick MacKenzie, during the term of our pleasure only, our justice clerk of our said kingdom of Scotland, by giving, granting and assigning to the foresaid Master Roderick MacKenzie during the foresaid period the said appointment and office of justice clerk with every honour, privilege, fee, profit, immunity and casual profit whatsoever relating thereto, which he is to enjoy and possess as fully and freely in every respect and condition as any other of his predecessors in the said office has possessed therein, or had been able to possess at any time in the past. In witness whereof, we have ordered that our great seal be appended to this commission. At our palace of St James's, 31 December in the year of our Lord 1702, and in the first year of our reign.
Signed by the hand manual of our supreme lady the queen.
Written to the great seal and registered 6 January 1703. Signed thus, Charles Kerr. Sealed at Edinburgh, 6 January 1703, by special order until the seal is renewed. Signed thus, Alexander Ogilvie.
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The lord chancellor took the oath of allegiance and subscribed the same with the assurance, and then took the oath of parliament, all administered to his lordship by the lord clerk register, and the lord clerk register took the same oaths and subscribed the oath of allegiance with the assurance administered to him by the lord chancellor. After which all the other nobility, officers of state and commissioners from shires and burghs, five by five together in their order, took the oath of allegiance and oath of parliament and subscribed the allegiance and assurance.
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Her majesty's letter to the parliament was read first by the lord clerk register and thereafter read again by one of the ordinary clerks, of which letter the tenor follows:
Signed thus above, Anne Regina
My lords and gentlemen,
We thought to have brought you sooner together in this meeting of parliament, but the great and weighty affairs wherein we have been engaged this winter were a necessary hindrance.
We have on several occasions given you and all our good subjects assurances of our firm resolution to maintain and protect them in their religion, rights and liberties as at present established by law.
And if there be anything else wanting for the satisfaction of our people and the security of that our ancient kingdom we shall be always ready to have it timeously provided for and supplied.
You see that we continue to be engaged in a great and necessary war for the defence of the Protestant religion and the preservation of the liberties of Christendom; and we hope you will be careful to guard against all dangers that this war may threaten, for which end we recommend to you more particularly the consideration of the state of our forces, forts and garrisons that they be duly and sufficiently maintained and the necessary supplies granted for that effect, and all kept in such order as may be most conducing to the ease as well as safety of the country.
We also recommend to your care that trade be encouraged, and all methods taken for the advancement thereof, either by amending former laws or making new ones, or anything else may be found needful and expedient for the benefit of the kingdom.
It has been and shall always be our chief study and endeavour to establish and secure the peace and promote the good of that our ancient kingdom and, therefore, we do expect your concurrence and assistance for such good and great ends, and that you will prosecute them with that wisdom, prudence and unanimity as may most tend to our common advantage and satisfaction, but chiefly that effectual means may be laid down for promoting of religion, virtue and true piety and suppressing vice and immorality and providing for the poor.
We have appointed our right trusty and entirely beloved cousin and councillor James [Douglas], duke of Queensberry to be our commissioner to represent our royal person in this session of parliament, being well satisfied that the experience that both we and you have had of his great abilities and fidelity in his former discharge of this trust will fully commend our choice and render him to you acceptable.
This being your first meeting, and we having recommended nothing but what is for your own security and welfare, we confidently expect a suitable return, and a dutiful and cheerful concurrence in what we propose, and that all differences and animosities laid aside you will with concord and diligence bring matters to such a happy conclusion as shall establish a lasting union between us and our people. So we bid you heartily farewell. Given at our court at St James's, 30 March 1703, and of our reign the second year.
By her majesty's command, signed thus, Tarbat
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The lord high commissioner made a speech to the parliament, and the lord chancellor another, both which speeches with her majesty's letter to the estates were ordained to be printed.
Then the draft of an act for recognising and asserting her majesty's authority and her undoubted right and title to the imperial crown of this kingdom was presented by his grace [James Douglas], duke of Hamilton and read, and ordained to be marked as read for the first time.
After which the lord chancellor, by order of the lord high commissioner, adjourned the parliament until Tuesday next at 10 o'clock.