[M1661/1/1]¹

[Opening of session; protests over precedency]

The parliament called by his majesty's special authority and kept at Edinburgh on 1 January, 1661 by John [Middleton], earl of Middleton, lord Clermont and Fettercairn, his majesty's commissioner, and the noblemen, commissioners of shires and burghs underwritten, with the lord constable, marischal, Sir Robert Murray [of Cameron], provost of Edinburgh, sheriff depute of Edinburgh, Mr William Wallace and Andrew Lothian, dempster.

At the calling of the rolls, the persons after-mentioned entered the protestations following:

[William Douglas], lord Mordington, in name of [James Douglas], marquis of Douglas, protested that his absence at this parliament in regard of his minority and other occasions should not prejudice his right to carry the crown and have the first vote in all subsequent parliaments, and gave in his protestation in writing, which was ordained to be recorded.

[John Gordon], earl of Sutherland protested that the calling, enrolling or voting of any other nobleman before him at this parliament should not prejudice him in subsequent parliaments of the place and precedency due to him.

[John Erskine], earl of Mar protested as [John Gordon, earl of] Sutherland did.

[James Murray], earl of Tullibardine protested, in name of [John Murray], earl of Atholl, that the calling of him in the rolls at this parliament should be without prejudice to him in subsequent parliaments and otherwise of the place and precedency due to him, according to his right.

The earls [David Wemyss, earl of] Wemyss and [Gavin Dalzell, earl of] Carnwath and [James Johnston, earl of] Hartfell, for [William Crichton, earl of] Dumfries and [James Douglas, earl of] Queensberry, protested that the calling and enrolling of them after [John Campbell], earl of Loudoun should not prejudice them hereafter of their precedency and place before him, they being earls and taking the place of earls for several years while the earl of Loudoun was only a lord and takes place as a lord.

[John Hamilton], earl of Haddington, in name of [James Ogilvy], earl of Airlie, protested against the calling of [James Ogilvy], earl of Findlater before Airlie, and gave in his protestation in writing.

[James Livingstone], earl of Callander protested that he may have place and precedency before [Alexander Leslie], earl of Leven, according to the date of his patent which is prior to Leven; and [John Leslie], earl of Rothes, in name of the earl of Leven, protested in the contrary.

[Alan Cathcart], lord Cathcart and [Hugh Fraser, lord Fraser of] Lovat protested that the calling and enrolling of [William Douglas], lord Mordington before them should not prejudice them of their right and precedency before him.

The commissioners for the shires of Fife and Perth protested against the calling and enrolling of the sheriffdom of Edinburgh before them, that it should not prejudice them of their right of precedency equal with or before the sheriffdom of Edinburgh.

Sir John Urquhart of Cromarty protested that non-election of a commissioner from the sheriffdom of Cromarty in this parliament should not prejudice the shire of their right and privilege of choosing and sending a commissioner to subsequent parliaments.

The commissioner of Clackmannan protested that the ranking of that shire at this time should not prejudice the shire of their precedency in time coming.

John Bell [of Hamilton Ferme] protested for the town of Glasgow and [...] for Inverness that their towns should not be prejudiced of their precedency by the present rolls of parliament.