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The parliament called be his majesties special authoritie and kept at Edinburgh, the first day of January, 1661 be John, earle of Midleton, lord Clermont and Fettercairne, his majesties comissioner, and the noblemen, comissioners of shyres and borrowis underwritten, with the l[ord] constable, marischall, Sir Robert Moray, provest of Edinburgh, shiref deput of Edinburgh, Mr William Wallace and Andro Lothian, dempster.
At the calling of the rolls, the persons aftermentioned entered the protestations following:
The Lord Mordinton, in name of the marques of Douglas, protested that his absence at this parliament in regard of his minoritie and other occasions should not prejudge his right to carie the crowne and have the first voice in all subsequent parliaments, and gave in his protestation in writ, which wes ordaned to be recordit.
The earle of Sutherland protested that the calling, enrolling or voiceing of any other nobleman before him at this parliament should not prejudge him in subsequent parliaments of the place and precedencie due to him.
The earle of Mar protested as Sutherland did.
The earle of Tullibardin protested, in name of the earle of Atholl, that the calling of him in the rolls at this parliament should be without prejudice to him in subsequent parliaments and otherways of the place and precedencie due to him, conforme to his right.
The earles of Weemes and Carnwath and Hartfell, for Dunfries and Queensberry, protested that the calling and enrolling of thame after the earle of Loudoun should not prejudge them heirafter of their precedencie and place befor him, they being earles and takeing the place of earles, severall yeeres whill the earle of Loudoun wes onelie a lord and takes place as a lord.
The earle of Hadinton, in name of the earle of Airlie, protested against the calling of the earle of Finlater before Airlie, and gave in his protestation in writ.
The earle of Callender protested that he may have place and precedencie before the earle of Leven, conforme to the date of his patent which is prior to Leven; and the earle of Rothes, in name of the earle of Leven, protested in the contrare.
The Lord Cathcart and Lovat protested that the calling and enrolling of the Lord Mordinton befor thame should not prejudge thame of thair right and precedencie before him.
The comissioners for the shyres of Fyff and Perthe protested against the calling and enrolling of the shirefdom of Edinburgh before thame, that it should not prejudge thame of ther right of precedencie equal with or before the shirefdom of Edinburgh.
Sir John Urquhart of Cromertie protested that the not being of a comissioner frome the shirefdame of Cromartie in this parliament should not prejudge the shyre of ther right and priviledge of chooseing and sending a comissioner to subsequent parliaments.
The comissioner of Clackmannan protested that the rankeing of that shyre at this tyme should not prejudge the shyre of ther precedencie in tyme comeing.
John Bell protested for the toune of Glasgow and [...] for Invernes that ther tounes should not be prejudged of ther precedencie be the present rolls of parliament.
After calling of the rollis and markeing of the absents, the parliament wes fenced be Sir A[rchibald] Primrose, clerk register, in the words following:
Forasmuch as this present parliament is now called and conveened be his majesties special warrand and in his majesties name and authoritie, I doe therfore, in his majesties name and in the name of his majesties comissioner, comand all and sundrie to reverence, acknowledge and obey the same; and I doe defend and forbid all maner of persons to make any trouble or molestation therto. Wherupon Sir John Fletcher, his majesties advocat, asked instruments.
This day the lord comissioner produced his comission under his majesties great seale of the 29 November 1660, wherof the tenor followis, etc.
As also he produced a letter frome the king's majestie to the parliament, which being red and considered be the parliament, wes ordand to be registrat, wherof the tenor followis, etc.
This day ane act wes past and votted for the chancellor's right to preside in parliament, and for the oath of alledgeance to be tane be each member of parliament, and rescinding some acts contrarie therto.
Ane act past and signed against Sir Archibald Jonston of Wareston, declaring all publict offices he hald or could pretend to to be vaccand and voyd in so farre as he may be concerned therin.
The earle of Marischal produced the honors - the crowne, sword and scepter - which he had preserved saife dureing these ten yeeres troubles. The king's comissioner, with advyce of the estates, doe exoner the Earle Marischal, and doe returne him thanks for his care therof, and ordans ane act to be drawn in his favors therupon.
The king's majesties comissioner continewis this parliament till Fryday the fourt of this moneth, at 9 of the clok in the fornoone, and declars the same to be current and to runne ay and whil it be dissolved be his majestie or his comissioner; and in the meane tyme, continewis all sumonds, process of forfaultor, or other citations depending before the parliament.
Glencairne, cancellarius, I.P.D. par[liamenti]