[8 May 1662]

Procedure: opening of session

The second session of the first parliament of our most high and dread sovereign, Charles, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith, held and begun at Edinburgh 8 May 1662, by John [Middleton], earl of Middleton, lord Clairmont and Fettercairn, by virtue of the special commission under his majesty's great seal, with the advice and consent of the estates of parliament underwritten, there being also present the ordinary officers, [Gilbert Hay], earl of Erroll, constable, [William Keith], earl Marischal, Sir Robert Murray [of Cameron], provost of Edinburgh, Mr William Wallace, sheriff and Andrew Lothian, dempster.

  1. NAS. PA2/28, f.1. Back
  2. NAS. PA2/28, f.1-2. Back
  3. Mss has John Dickson in error. Back
  4. NAS. PA2/28, f.1v-3. Back
  5. 'and has tenaciously and lawfully upheld our honour and authority, the church, and the laws of this our kingdom, and this same prerogative' inserted in APS. Back
  6. NAS. PA2/28, f.3. Back
  7. Last four words in different hand. Back
  8. NAS. PA2/28, f.3. Back
Sederunt
Shires
Edinburgh
Sir John Gilmour of Craigmillar
Sir James Foulis of Colinton
Haddington
Sir Thomas Hamilton of Preston
Sir Peter Wedderburn of Gosford
Berwick
Sir Robert Douglas of Blackerston
John Home of Prenderguest
Roxburgh
Sir Gilbert Elliott of Stobs
Selkirk
Thomas Scott of Whitslade
Peebles
William Murray of Stanhope
[Archibald Murray], laird of Blackbarony, younger
Lanark
Sir James Lockhart of Lee
Sir Robert Hamilton of Silvertonhill
Dumfries
James Crichton of St Leonards
[Robert Ferguson], laird of Craigdarroch
Wigtown
Uchtred MacDowall of Freuch
Richard Murray of Broughton
Ayr
[...]
Dunbarton
Sir John Colquhoun of Luss
John Napier of Kilmahew
Bute
[Sir] James Stewart [of Ardmaleish and Kirktoun]
Renfrew
Sir Archibald Stewart of Blackhall
Stirling
[John Murray], laird of Polmaise
[John Buchanan], laird of Buchanan
Linlithgow
Sir Archibald Stirling of Garden
Perth
Mungo Murray of Garth
Sir George Kinnaird of Rossie
Kincardine
[Alexander Straton], laird of Lauriston
Sir Gilbert Ramsay of Balmain
Aberdeen
Colonel [George] Keith of Aden
Inverness
Sir John Urquhart of Cromarty
Colin MacKenzie of Redcastle
Nairn
Sir Hugh Campbell of Cawdor
John Grant of Moyness
Argyll
[John] Campbell of Ardchattan
[Sir John] Campbell of Glenorchy
Fife
William Scott of Ardross
Sir Henry Wardlaw [of Pitreavie]
Forfar
Sir James Ogilvie of Newgrange
Banff
Sir Alexander Abercrombie of Birkenbog
Kirkcudbright
David MacBrair of Newark
Sutherland
Robert Gordon of Longdale
Caithness
William Sinclair of Dunbeath
Elgin
Sir Robert Innes of that ilk
Thomas MacKenzie of Pluscarden
Orkney
Hugh Craigie of Gairsay
Clackmannan
[Sir Henry Bruce], laird of Clackmannan
Ross
Sir George MacKenzie of Tarbat
Sir George Munro of Newmore
Burghs
Edinburgh
Sir Robert Murray [of Cameron]
John Milne
Perth
Mr John Paterson [of Benchillis]
Dundee
Alexander Wedderburn [of Kingennie]
Aberdeen
William Gray
Stirling
Duncan Nairn
Linlithgow
Andrew Glen
St Andrews
Andrew Carstairs
Glasgow
John Bell [of Hamilton Ferme]
Ayr
William Cunningham [of Brownhill]
Haddington
William Seaton
Dysart
William Simpson
Kirkcaldy
John Williamson
Cupar
Andrew Paterson
Anstruther Easter
Alexander Black
Inverness
Alexander Cuthbert
Inverkeithing
Thomas Thomson
Jedburgh
John Rutherford
Dunfermline
James Moodie
Pittenweem
Thomas Swinton
Selkirk
Robert Elliott
Dumbarton
Walter Watson
Dunbar
James Lauder
Lanark
Patrick Bisset
Arbroath
John Auchterlony
Elgin
Andrew Leslie
Peebles
Alexander Williamson
Culross
Alexander Bruce [of Broomhall]
Whithorn
Alexander Donaldson
North Berwick
Adam Maxwell [of Highfield]
Kintore
Mr James Keith
Annan
Hugh Sinclair [of Ingleston]
Lochmaben
John Henderson
Sanquhar
John Williamson
New Galloway
Mr Robert Dickson [of Bughtrig]
Dingwall
Alexander Bain
Queensferry
Archibald Wilson
Inverurie
William Ferguson [of Badifurrow]
Fortrose
Alexander Graham [of Drynie]
  1. NAS. PA2/28, f.1. Back
  2. NAS. PA2/28, f.1-2. Back
  3. Mss has John Dickson in error. Back
  4. NAS. PA2/28, f.1v-3. Back
  5. 'and has tenaciously and lawfully upheld our honour and authority, the church, and the laws of this our kingdom, and this same prerogative' inserted in APS. Back
  6. NAS. PA2/28, f.3. Back
  7. Last four words in different hand. Back
  8. NAS. PA2/28, f.3. Back
Procedure: commission
His majesty's commission to [John Middleton], earl of Middleton etc.

The which day the lord commissioner produced his majesty's commission granted to him under his majesty's great seal for holding of this parliament, whereof the tenor follows.

Charles, by the grace of God, king of Scotland, England, France and Ireland, defender of the faith, etc., to all his honest men to whom this commission shall have come, greetings. Know that in as much as we, for our former good reasons, in the month of December 1660 furnished our dearly beloved, loyal kinsman and councillor John, earl of Middleton, lord of Clairmont and Fettercairn, etc., and our commissioner, with our authority to hold a parliament in our kingdom of Scotland; and since the said earl has heretofore displayed no common example of his loyalty, proficiency, and obedience in carrying out the foresaid commission, and has asserted our royal prerogative, and has maintained the peace of our kingdom, which was interrupted some time ago; we have therefore ratified and approved, and by the tenor of this commission do ratify and approve, his faithful execution of our said commission; and we make known by the foresaid that the earl has rendered outstanding service to us, to the church, and to our said kingdom of Scotland; and because we were going to declare the said parliament valid and continuous, we therefore declare that the commission previously awarded to the said earl of Middleton still continues in full force with respect to all matters specified therein; and not only do we ratify and renew the same, but also, coming to the conclusion that, after so many years during which there have been irregular disturbances and outbreaks of violence, the stable security of our royal authority, and the peace and good management of the church and of our kingdom at the present time demand greater care and a greater degree of boldness and a wider commission than in time of established peace, and having ascertained to our satisfaction the proficiency, diligence, and obedience of our said well-beloved kinsman and councillor, John, earl of Middleton, etc., and that he has been sufficiently equipped to carry out our commands, therefore without prejudice to the former commission we have once again given and granted, and by the tenor of this commission do give and grant, our full power and commission to the said earl of Middleton to represent our most sacred person and authority during the remaining sessions of our said parliament, and to carry out and exercise each and everything which may tend to the good and advantage of the church and its lawful, established governance by archbishops and bishops in all their rights and privileges, and to the public peace and government of the said kingdom, and to the increase of our service there in all the administrative functions of the same; and to carry out and be responsible for all other things concerning the law and custom of this kingdom pertaining to the office and mandate of our commissioner, as others who have exercised a similar office in the past either have done or have been able to do. Therefore we command all our officers of state, our councillors, judges, the administrators of our laws, and all our other subjects to offer due respect, to acknowledge, and to give obedience to the said earl as our commissioner, while he is representing our sacred person and exercising our authority, to the effect and in the manner specified in the said commission. We ordain that this commission continue in full force during the next session of our parliament without interruption until it be brought to an end specifically by us, in witness whereof we have ordered that our great seal be attached to this commission.

At our palace of Whitehall, 29 January, the year of our Lord 1662, and in the thirteenth year of our reign.

Signed by the hand manual of our supreme lord the king.

  1. NAS. PA2/28, f.1. Back
  2. NAS. PA2/28, f.1-2. Back
  3. Mss has John Dickson in error. Back
  4. NAS. PA2/28, f.1v-3. Back
  5. 'and has tenaciously and lawfully upheld our honour and authority, the church, and the laws of this our kingdom, and this same prerogative' inserted in APS. Back
  6. NAS. PA2/28, f.3. Back
  7. Last four words in different hand. Back
  8. NAS. PA2/28, f.3. Back
Legislation
Act for calling in the bishops to the parliament

Forasmuch as the king's majesty has been graciously pleased to restore the church to its ancient and right government by archbishops and bishops, dean and chapter, yet seeing by the troubles and confusions these twenty-four years past that government has been suppressed, so as their election and establishment at this time could not be in the form prescribed by the act of parliament by dean and chapter; his majesty has, with advice and consent of his estates in parliament, thought fit to dispense with the present manner of election, and declares the same to be sufficient and good and as valid as if the same had been done by dean and chapter; and therefore, his majesty, with advice foresaid, ratifies and approves the same. And considering that the clergy did always, in the right constitution of parliaments, represent the first state, and that now archbishops and bishops being restored, it is fit the parliament is returned to its ancient constitution, and that the clergy have their place and vote in parliament as formerly; therefore, his majesty, with advice foresaid, gives commission to the earls [Alexander Erskine, earl] of Kellie and [David Wemyss, earl of] Wemyss, [Walter Sandilands], lord Torphichen, the lairds [Sir John Urquhart] of Cromarty, [Archibald Murray, laird of] Blackbarony, and [Sir Thomas Hamilton of] Preston, the commissioners [Sir Robert Murray of Cameron and John Milne] for Edinburgh, [William Cunningham of Brownhill for] Ayr and [Andrew Carstairs for] St Andrews, to go and, in his majesty's name, invite the archbishops and bishops to come and take their place, and vote in parliament as in former times before these troubles, which was accordingly done.

  1. NAS. PA2/28, f.1. Back
  2. NAS. PA2/28, f.1-2. Back
  3. Mss has John Dickson in error. Back
  4. NAS. PA2/28, f.1v-3. Back
  5. 'and has tenaciously and lawfully upheld our honour and authority, the church, and the laws of this our kingdom, and this same prerogative' inserted in APS. Back
  6. NAS. PA2/28, f.3. Back
  7. Last four words in different hand. Back
  8. NAS. PA2/28, f.3. Back
Procedure: oaths taken

The which day the archbishops [James Sharp] of St Andrews and [Andrew Fairfoul of] Glasgow, the bishops [James Hamilton] of Galloway, [George Haliburton of] Dunkeld, [Murdo MacKenzie of] Moray, [John Paterson of] Ross, [David Strachan of] Brechin, [Patrick Forbes of] Caithness and [Robert Wallace of the] Isles, being brought in to the house, took the oath of allegiance and oath of parliament.

  1. NAS. PA2/28, f.1. Back
  2. NAS. PA2/28, f.1-2. Back
  3. Mss has John Dickson in error. Back
  4. NAS. PA2/28, f.1v-3. Back
  5. 'and has tenaciously and lawfully upheld our honour and authority, the church, and the laws of this our kingdom, and this same prerogative' inserted in APS. Back
  6. NAS. PA2/28, f.3. Back
  7. Last four words in different hand. Back
  8. NAS. PA2/28, f.3. Back
Committee membership: lords of the articles
An addition to the lords of articles

The lord commissioner adds the nine bishops above-named to the lords of the articles, and also adds Sir John Urquhart of Cromarty in place of Sir Alexander Gibson of Durie, and it is declared that the nomination and constitution of the articles at this time shall be without prejudice of what course his majesty shall take hereafter for the constitution of the articles.

  1. NAS. PA2/28, f.1. Back
  2. NAS. PA2/28, f.1-2. Back
  3. Mss has John Dickson in error. Back
  4. NAS. PA2/28, f.1v-3. Back
  5. 'and has tenaciously and lawfully upheld our honour and authority, the church, and the laws of this our kingdom, and this same prerogative' inserted in APS. Back
  6. NAS. PA2/28, f.3. Back
  7. Last four words in different hand. Back
  8. NAS. PA2/28, f.3. Back
Procedure: continuation

The lord commissioner continues the parliament until Tuesday at 2 o'clock in the afternoon etc.

  1. NAS. PA2/28, f.1. Back
  2. NAS. PA2/28, f.1-2. Back
  3. Mss has John Dickson in error. Back
  4. NAS. PA2/28, f.1v-3. Back
  5. 'and has tenaciously and lawfully upheld our honour and authority, the church, and the laws of this our kingdom, and this same prerogative' inserted in APS. Back
  6. NAS. PA2/28, f.3. Back
  7. Last four words in different hand. Back
  8. NAS. PA2/28, f.3. Back