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