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death_n	die_v	king_n	put_v	4,176	5	4.9553	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A32776	A second edition of Camden's description of Scotland containing a supplement of these peers, or Lords of Parliament, who were mentioned in the first edition, and an account of these since raised to, and further advanced in the degrees of peerage, until the year 1694.; Britannia. English. Selections	Camden, William, 1551-1623.; Dalrymple, James, Sir, fl. 1714.	1695 (1695)	Wing C376; ESTC R4896	99,150	213

Temporal is laid aside and the Lords are all of the Temporality and three principal Scribes or Clerks But by the 38 Act. 1st Sess Parl. K. Ja. 7. there is allowed two persons to be conjoyned in each of the three Offices of ordinary Clerks of Session and so now six Clerks and as many Advocats as the Senators shall think good These sit and minister Justice not according to the rigour of Law but with Reason and Equity every day save only on the Lords day and Monday from the first of November to the fifteenth of March and from Trinity Sunday unto the Calends of August But by Law and Custome the Session fitteth from the First of November to the last of February and from the First of June to the last of July inclusive In regard the Office of the Lords of Session are for Lifetime they are set down as follows JAMES Viscount of STAIR Lord President of the Session Sir John Baird of Newbyth Mr. Alexander Swinton of Mersingtoun Sir Colin Camphel of Aberuchil James Murray of Philiphaugh Robert Dundass of Arnistoun Mr. John Hamilton of Haleraig Mr. David Hume of Crossrig Sir John Lawder of Haltoun Sir John Lawder of Fountainhal William Enstruther of that llk Mr. Archibald Hope of Rankeilor Mr. James Falconer of Phesdo Robert Hamilton of Presmenuan Sir William Hamilton of Whitelaw Extraordinary LORDS William Duke of Queensberry William Earl of Annandale Patrick Lord Polwarth The fourth is vacant by the Death of William Duke of Hamilton The President of the Session by an Act of Parliament 1661. is declared to have Precedency of the Lord Register and Advocat and they to have Precedency of the Lord Thesaurer-Deput * Sir George Mckenzie in his Precedency doth relate That there was an Ordinance upon the 20. Feb. 1623 amongst his Majesties Officers and Counsellors where the lesser Officers of State are ranked and after them the Lords of Session according to their Admission and before Privy Counsellors being Barons Gentlemen Suitable to this precedency the Lords of Session have since their Institution enjoyed the Title of Lord both in Designation and Compellation albeit the Designation be proper to the Lords of Parliament The Lords of Session in the beginning being composed of Bishops and Abbots and dignified beneficed Persons Chief Barons and eminent Lawers This Designation is frequently given to them in the Acts of Parliament and particularly to President Provan in an unprinted Act anno 1581. intituled Act in favours of Mr. William Baillie Lord Provan frequently thereafter All the space between Sessions being the times of Sowing and Harvest is Vacation and Intermission of all Suites and Law matters They give Judgment according to the Parliament Statutes and Municipal Laws and where they are defective they have recourse to the Imperial Civil Law There are besides in every County or Shire in ferior civil Judicatories or Courts kept wherein the Sheriff of the Shire or his Depute decideth the Controversies of the Inhabitants about violent Ejections Instrusions Damages Debts c. From which Courts or Judges in regard of hard and unequal dealing or else of Alliance and Partiality they appeal sometime to the Session These Sheriffs are all for the most part Hereditary for the Kings of Scotland like as these of England also to oblige more surely unto them the better sort of Gentlemen by their Benefits and Favours made in old time these Sheriffs hereditary and and perpetual But the English Kings soon perceiving the inconveniencies thereby ensuing of purpose changed this Order appointed them from year to year There be Civil Courts also in every Regalitie holden by their Baillies to whom the Kings have graciously granted Royalities as also in Free-Burghs by the Magistrates thereof There are likewise Judicatories which they call Commissariats the highest whereof is k●pt at Edinburgh In which before four Judges or Commissars Actions are pleaded concerning Wills Testaments the Right of Ecclesiastical Benefices Tithes Divorces and such other Ecclesiastical Causes In every other several part almost throughout the Kingdom there sitteth but one Judge alone in a place about these matters In criminal Causes the Kings Chief Justice holdeth his Court for the most part at Edinburgh which Office the Earls of Argile executed for some time and he doth deput two or three Lawers who have the hearing and deciding of Capital Actions concerning Life and Death or of such as infer loss of Limbs or of all Goods And by the 16 Act 3d. Sess 2d Parl. K. Cha. 2d concerning the Justice Court it doth now consist of the Lord Justice-General the Lord Justice-Clerk who are both at the Kings Nomination and to them are added five of the Lords of Session who are supplied from time to time by the King and are called Lords of the Justiciary In this Court the Defendant is permitted yea in case of High-Treason to entertain a Counsellor or Advocat to plead his Cause Moreover in Criminal Matters there are sometimes by vertue of the Kings Commission and Authority Justices appointed for the deciding of this or that particular Cause Also the Sheriffs in their Territories and Magistrats in some Burghs may sit in Judgement of Man-slaughter in case the Man-slayer be taken within 24 hours after the Deed committed and being found guilty by a Jurie put him to death But if that time be once over-past the Cause is referred and put over to the Kings Justice or his Deputs The same priviledge also some of the Nobility and Gentry enjoy against Theives taken within their own Jurisdictions There be likewise that have such Royalities as that in Criminal Causes they may exercise a Jurisdiction within their own Limits and in some Cases recal those that dwell within their own Limits and Liberties from the Kings Justice howbeit with a Caution and Proviso interposed That they judge according to Law Thus much briefly the Author hath put down as one that had but slightly looked into these matters yet by the information of the judicious Knight Sir Alexander Hay Secretary to K. Ja. 6. for Scotland who had given the Author good light He being one of the three principal Clerks of Session was in the year 1608 appointed Secretary in place of the Lord Balmerinoch removed and admtted a Lord of Session the 3d of Feb. 1610. But as touching SCOTLAND what a Noble Countrey it is and what Men it breedeth as sometimes the Geographer wrote of Britain there will within a while more certain and more evident matter be delivered since that most high and mighty Prince K. Ja. 6. did set it open for us which had so long time been shut from us Mean time before we proceed to the Description of particular Places according to the Authors project we must give some short Account of the Privy Council Thesaury and Exchequer being Soveraign Courts and omitted by the Author The Privy Council is constitute by the King's Commission to decide in matters that concerns the Government and publick

Lodowick Earl of Crawford and by vertue of a former Entail the Honour Dignity and Precedency of the Earl of Crawford was declared in Parliament to belong to him and his Successors and since ratified in Parliament anno 1661 he was by King Charles the Second restored to be Thesaurer from which Office he had been removed in the year 1649 his Son William now Earl of Crawford was President of the Parliament 1689 and 1690 and one of the Commissioners of the Thesaury the secondary Title belonging to his eldest Son is Lord Lindsey Eden also runneth by Cowper a notable Burgh where the Sheriff sitteth to minister Justice Now where the shore turneth inward a Front northward hard by the Salt water of Tau there flourished in old time two goodly Abbeys Balmerinoch built by Queen Ermengard Wife to King William Daughter of Viscount Beaumont in France King James of Great Brittain advanced Sir James Elphingston of Barntoun to the honour of Baron Balmerinoch about the year 1604 being mentioned in that Parliament one of the Commissioners for the Union with England he is placed in the Decreet of Ranking after the L. Abercorn and before the L. Tullibardine he was a Lord of the Session Secretary thereafter succeeded to the L. Fyvie to be President of the Session anno 1605 whose Grand-child is John L. Balmerinoch The other Abbey is that of Lindoris Founded among the Woods by David E. of Huntingtoun is the Barony of Sir Patrick Lesly created L. Lindoris about the year 1604 and placed in the Decreet of Ranking immediatly after the Lord Roxburgh and before the Lord Lowdoun his Successor is Iohn Lord Lindoris Between which standeth Banbrich the Habitation of the Earl of Rothes strongly built Castle-wise Near to these places on the Confines toward Perth-shire is Balvaird which belongs to the Murrays ancient Cadets of the Lairds of Tullihardine their Successor was created L. Balvaird by K. Charles the 1st after the year 1641 his Grand-child hath succeeded to the Dignity of Lord Scoon and Viscount Stormonth by entail Sir David Murray the first Lord and Viscount being a younger Brother of the Laird of Balvaird The Governour of this Province like as of all the rest in this Kingdom was in times past a Thane that is in the old English tongue The Kings Minister as it is also at this day in the Danish Language but Malcolm Canmore made Macduff who before was Thane of Fife the first hereditary Earl of Fife and in consideration of his good desert and singular service done unto him granted that his Posterity should have the Honour to place the King when he is to be Crowned in his Chair and to lead the Vant-guard in his Army and if any of them should happen by casualty to kill either Gentleman or Commoner to buy it out with a piece of Money Not far from Lindoris there is to be seen a Cross of Stone which standing for a limit between Fife and Strathern had an Inscription of barbarous Verses and a certain priviledge of Sanctuary that any Manslayer Allied to Macduff Earl of Fife within the ninth Degree if he came unto this Cross and gave nine Kine with an Heifer should be quit of Manslaughter When his Posterity lost this Title and Priviledge is uncertain but it appeareth that King David the Second gave unto William Ramsey this Earldom with all and every the Immunities and Law which is called Clan-Mac-Duff and received it is for certain that the Linage of the Weymesses and Dowglasses yea and that great Kindred Clan-Hatan the Chief whereof is Mac-Intoshech descended from them And the most learned Sir John Skeen of Currie-hill Clerk of Register in his Treatise de verborum significatione informs that by an Indenture at Perth the penult day of March 1371 betwixt Robert Stuart Earl of Monteith and Dame Isabel Countess of Fife Daughter and Heir to Duncan Earl of Fife The Countess is obliged to resign her Earldom in the Kings hands in favours of the said Earl for new heretable Infestment thereof to be given to him which Earl being afterwards designed of Fife and Monteith was thereafter Duke of Albany and affecting the Kingdom with cruel Ambition caused David the Kings eldest Son to be most pitifully famished to death which is the highest extremity of all misery But his Son Murdac suffered due punishment for the Wickedness both of his Father and his own Sons being put to death by King James the First for their violent Oppressions and a Decree passed that the Earldom of Fife should be united unto the Crown for ever But the Authority of the Sheriff of Fife belongeth in right of Inheritance to the Earl of Rothes the Heir of which Family was Iohn Earl of Rothes who after he was High Commissioner for King Charles the Second to the Parliament and Conventions of Estates and enjoyed several other honourable and profitable Employments was made Chancellor anno 1668 in which Office he continued till his death in anno 1681 and was shortly before created Duke of Rothes which Dignity is extinct by default of Heirs male of his Body but his eldest Daughter Margaret Countess of Rothes being married to Charles Earl of Haddingtoun hath Iohn Lord Leslie who is to succeed in the Dignity of the Earl of Rothes and Thomas who hath succeeded his Father in the Dignity of the Earl of Hadingtoun Since Printing of the former Edition several Lords were created in this Shire some whereof have already been mentioned and also others to be mentioned viz. Sir Michael Balfour of Balgarvie by K. James the 6th created L. Burghlie July 16 1607 whose Successor is John Lord Burghlie And by the same King Sir Robert Melvil first of Murdocairny and thereafter of Burntisland who had been Thesaurer Deput and Thesaurer before the year 1592 and an extraordinar Lord of Session anno 1594 was created Lord Melvil about the year 1617 to whom succeeded Robert his Son he is ranked in the Parliament 1633 after the Lord Deskford and before Carnegie and is amongst the Commissioners for holding that Parliament who had been admitted an extraordinar Lord of Session upon the dimission of his Father and then by entail the honour fell to the Laird of Raith descended of the eldest Brother and the only Male representative of the ancient Family of the Melvils George Lord Melvil his Son is the 4th Lord who was sole Secretar of State to and created by Their Majesties Earl of Melvil Lord High Commissioner to the second and third Sessions of this current Parliament 1690 and now Lord Privy Seal his Son Alexander Lord Raith was constitute Thesaurer Deput anno 1689. Mr. John Lindsey of Belcarras was a Lord of the Session and one of the Octavians of the Thesaury Secretary before K. Ja. his Succession to the Crown of England his Grand-child Alexander about the year 1633 was created Lord Belcarras by King

Lake by which standeth Berogomum a Castle in which sometime was kept the Court of Justice or Session and not far from it Dunstaffage that is Stephens Mount the Kings House in times past above which Logh Aher a Lake insinuating it self from out of the Western Sea windeth it self so far within Land that it had conflowed together with Ness another Lake running into the East Sea but that certain Mountains between kept them with a very little Partition asunder The chiefest Place of Name in this Tract is Tarbar in Loch Kinkeran where King James the fourth ordained a Justice and Sheriff to administer Justice unto the Inhabitants of the out Islands but now the Shires of Argile and Tarbat are joyned in one These Countries and those beyond them in the year of our Lords Incarnation 655. the Picts held whom Beda calleth the Northern Picts where he reporteth that in the said year Columbane a Priest and Abbot famous for his Monkish profession and life came out of Ireland into Brittain to instruct these in Christian Religion that by means of the high rough Ridges of the Mountains were sequestred from the Southern Countries of the Picts and that they in lieu of a Reward allowed unto him the Island Hii over against them now called I-Comb-Kill a famous Monastry and Nursery of the Christian Religion over Britain The Lord of Lorna in the age aforegoing were the Stuarts but now by reason of a Female their Heir the Earls of Argile use this Title in their Honourable Designation CHAP. XXV BRAID ALBIN OR ALBANY MOre inwardly where the uninhabitable lofty and rugged Ridges of the Mountain Grampius begin a little to slope and settle downward is seated Braid-Albin that is The highest part of Scotland for they that are the true and right Scots indeed call Scotland in their Mother Tongue Albin like as that part where it mounteth up highest Drum Albin that is the Ridge of Scotland But in an old Book it is read Brun Albin where we find this Written Fergus filius Eric c. That is Fergus the Son of Eric was the first of the Seed or line of Chonare that entred upon the Kingdom of Albanie from Brun-Albain unto the Irish Sea and Inch-Gall And after him the Kings descended from the Seed or Race of Fergus Reigned in Brun-Albain or Brunhere unto Alpin the Son of Eochall But this Albanie is better known for the Dukes thereof than for any good Gifts that the Soil yieldeth The first Duke of Albanie was Robert Earl of Fife whom his Brother King Robert the third of that Name advanced to that honour yet he ungrateful person that he was pricked on with the spirit of ambition famished to Death his Son David that was Heir to the Crown But the punishment due for this wicked Fact which himself by the long sufferance of God self not his Son Mordac the second Duke of Albanie first designed in his Fathers time Sir Murdac Stuart of Kinclevin suffered most grievously being condemned for Treason and beheaded when he had seen his two Sons the day before executed in the same manner The third Duke of Albanie was Alexander second Son to King James the second who was also designed Earl of March Marr and Garioth Lord of Annandale and of Man was by his own Brother King James the third outlawed and after he had been turmoiled with many Troubles in the end as he stood by to behold at Justs and Tourneament in Paris chanced to be wounded with a piece of shattered Launce so died His Son John the fourth Duke of Albanie was called home made Regent and Tutor to King James the fifth taking contentment in the pleasant Delights of the French Court after he had Wedded there the Daughter and one of the Heirs of John Earl of Anverne and Lauragveze died there without Issue Whom in respective reverence to the Blood Royal of the Scots Francis the first King of France gave thus much honour unto as that he allowed him place between the Archbishop of Langres and the Duke of Alenson Peers of France After his death there was no Duke of Albanie until that Queen Mary conferred this Title upon Henry Lord Darnly whom within some few days after she made her Husband likeas King James the sixth granted the same unto his own second son Charles being an Infant during the lifetime of Prince Henry his elder Brother to whom he succeeded as Prince and Steward of Scotland and to his Father as King of Great-Britain and first of the Name of Charles King James the seventh did enjoy the Title of Duke of Albany during the lifetime of his elder Brother There inhabit these Regions a kind of People rude warlike ready to fight quarrellous and mischievous they be commonly termed Highlandmen who being indeed the right Progeny of the antient Scots speak Irish and call themselves Albinich their bodies be firmly made and well compact able withal and strong nimble of Foot high minded inbread and nuzzeled in warlike exercises or Robberies rather and upon a deadly feud and hatred most forward and desperat to take revenge They go attired Irish-like in stript or streaked Mantles of divers colours wearing thick and long Glibes of Hair living by hunting fishing fowling and stealing In the War their Armour is an Head-piece or Morion of Iron and an Habergeon or Coat of Mail their Weapons be Bows barbed or hooked Arrows and broad Back Swords and being divided by certain Families or Kindreds which they term Clans they commit such cruel Outrages what with Robbing Spoilling and Killing that their Savage Cruelty hath forced a Law to be enacted whereby it is lawful That if any person out of any one Clan or Kindred of theirs hath trespassed ought and done harm whosoever of that Clan or Linage chance to be taken he shall either make amends for the harms or else suffer Death for it when as the whole Clan commonly beareth Feud for any hurt received by any one Member thereof by execution of Laws order of Justice or otherwise Sir John Camphel of Glenurchie Baronet an antient and powerful Cadet of Argile descended of one of the Heiresses of Stuart Lord Lorn of whose Lands he enjoyes a part and their Arms quartered and of other great Families and from whom many Noblemen and Barons derive their Pedegree was by King Charles the second about the year 1677. Created Earl of Brade Albine and is one of the present Commissioners of their Majesties Thesaury he is Hereditary Baillie of Broad Albine CHAP. XXVI PERTHIA OR PERTH Sheriffdom OUt of the very bosome of the Mountains of Albany Tau the greatest River of all Scotland issueth and first runreth amain through the Fields until that spreading broad into a Lake full of Islands he restraineth and keepeth in his course Then gathering himself narrow within his Banks into a Channel and Watering Perth a large plentiful and rich Countrey he taketh in unto him Amond a

the first Translated hitherto from Murthlake a little Village by fair Houses of the Canons an Hospital for poor people and a free Grammer School which William Elphingstoun Bishop of the place in the year 1480. consecrated to the Training up of Youth and is called New Aherdene The other beyond it named Old Aherdene is most famous for the taking of Salmons It is almost incredible what abundance of Salmons as well these Rivers as others also in Scotland on both sides of the Realm do breed this Fish was altogether unknown unto Pliny unless it were that Esox of the Rhine but in this north part of Europe passing well known shining and glittering as he saith with his red bowels in Autumn they engender within little Rivers and in shallow places for the most part what time they cast their Spawn and cover it over with Sand and then are they so poor and lean that they seem to have nothing else in a manner but their small Bones Of that Spawn in the Spring next following there comes a Fry of tender little Fishes which making toward the Sea in a small time grow to their full bigness and in returning back again to seek for the Rivers wherein they were bred they strive and struggle against the Stream and look whatsoever lyeth in their way to hinder their passage with a jerk of their Tail and a certain leap whence happily they had their name Salmons to the wonder of the Beholders they nimbly whip over and keep themselves within these Rivers of theirs until they breed during which time it is enacted by Law they should not be caught namely from the Feast of the Assumption of our Lady to the Feast of Saint Andrew in Winter and it should seem they were reputed among the greatest Commodities of Scotland when likewise it was ordained that they should not be sold unto Englishmen but for English Gold and no other contentation But these Matters is left for others To come now unto the Earls of Marr. In the Reign of Alexander the Third William Earl of Marr is named among those that were sore offended and displeased with the King Whiles David Bruce reigned Donald Earl of Marr Protector of the Kingdom was before the Battle at Dyplin murdered in his Bed by Edward Balliol and the Englishmen that came to aid him whose Sister Isobel King Robert Bruce took to be his first Wife on whom he begat Marjory Mother to Robert Stuart King of Scots Under the same David there is mention also made of Thomas Earl of Marr who was banished in the year 1361. Likewise in the Reign of Robert the 3d Alexander Stuart is named Earl of Marr who in the Battle at Harlaw against the Islanders lost his life in the year 1411. In the days of King James the First we read in Scoto Chronicon thus Alexander Earl of Marr died in the year 1435 the base Son of Alexander Stuart Earl of Buchan Son to Robert the Second King of Scots after whom as being a Bastard the King succeeded in the Inheritance John the second Son of King James the Second afterwards bare this Title who being convict for attempting by Art Magick to take away the King his Brothers life was let blood to death and after him Robert Cochran was promoted from a Mason to this Dignity by King James the Third and soon after hanged by the Nobility since which time this honourable Title was discontinued until that Queen Mary adorned therewith James her Bastard Brother and not long after when it was found that by ancient Right the Title of Earl of Marr appertained to John Lord Ereskin in lieu of Marr she conferred upon him the Honour of Earl of Murray and created John Lord Ereskin a man of ancient and noble Birth Earl of Mar afterward Regent to King James the Sixth of whom is descended John now Earl of Marr. Forbes Lord Pitsligo was by King Charles the First created Lord Pitsligo anno 1633 whose descendant doth still enjoy the Title And Fraser of Stony-wood or Muchill was at the same time created by King Charles the First Lord Fraser whose Successor is Lord Fraser Sir John Keith of Keith-hall Knight Mareschal and Son to the Earl Mareschal was by King Charles the Second about the year 1677 created Earl of Kintore from a Burgh Royal and was Thesaurer Deput to K. Char. the 2d and K. Ja. the 7th his eldest Son is designed Lord Inverurie from another Burgh Royal both lying in this Shire Sir George Gordon of Haddo Baronet a Lord of the Session was admited President anno 1681 and constitute Chancellor the year following and created Earl of Aberdeen shortly thereafter James L. Gordon second Son to the Marquess of Huntly was created by K. Char. the 1st V. of Aboyn thereafter Charles his fourth Son was created Earl of Aboyn by King Charles the Second anno 1661 his Son is Charles Earl of Aboyn Creighton Laird of Frendraught descended of the L. Creighton Chancellor to King James the Second was by King Charles the First created Viscount of Frendraught about the year 1641 whose Successor is Lewis Viscount of Frendraught In this Shire is the River Ythan from which King Charles the First after the year 1641 gave the Title of Lord Ythan to Lieutenant General King of whom none is descended claiming the Title John Earl of Arrol is by the Kings Nomination Sheriff of this Shire CHAP. XXX BUCHANIA OR BVQVHAN THe Taizali mentioned by Ptolomy in ancient times inhabited which is now Buquhan in Latine Boghania and Buchania above the River Don beareth forth toward the German Sea Some derive this latter name à Bobus that is from Oxen and Kine whereas notwithstanding the Ground serveth better to feed Sheep whose Wool is highly commended Albeit the Rivers in this Coast every where breed great store of Salmons yet do they never enter into the River Ratra as Buchannan hath Recorded Neither let it be offensive if his Testimony be cited although his Books by Authority of Parliament in the year 1584 were forbidden because many things in them contained are to be dashed out Who also hath written That on the Bank of Ratra there is a Cave near unto Stangs Castle the nature whereof seemeth not to be passed over The water distilling by drops out of a natural Vault presently turneth into Pyramidal stones and were not the said Cave or Hole otherwhiles rid and cleansed by mans labour the whole space as far as up to the Vault would in short time be filled therewith Now the stone thus engendered is of a middle nature between Yce and hard Stone for it is brittle and easy to crumble neither groweth it ever to the solidity and hardness of Marble Concerning those Claik-geese which some with much admiration have believed to grow out of Trees both upon this Shore and elsewhere and when they be ripe to fall down