in this Court with the Lord Justice General and the Lord Justice Clerk All Tryals for Life are in this Court which sits every Friday in the Time of Session in the Afternoon Here all the Subjects Peers as well as Commons are tryed The difference between a Peer and Commoner in their Tryal in this Court is this viz. The greater part of the Peers Jury called by the Scottish Law an Assize must be Peers The Jury is made up of 15 The Foreman who is called the Chancellor of Assize gathers and reports the Votes The major part determins the matter The present Justice General is the Earl of Queensbury Of the Exchequer The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in commission the Lord Treasurer Deputy and some Assistants called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy usually carry all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of these Courts is Edinburgh which has been long the chief Seat of the Government though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience than the bringing up all their Affairs to Edinburgh CHAP. VI. Of Inferiour Courts of the Sheriffdoms The Names of the Sheriffs who are so most by Inheritance The Courts of Regality A Barons Court NExt to these Supreme Courts there are other Inferiour Courts And first there are in all the Shires of Scotland Sheriffs who are the Judges in all Matters of of Meum and Tuum in Thefts and in all lesser crimes as likewise in Murthers if the Murtherer be taken in hot blood as they call it when the person is newly slain But though there lyes no Appeal in this Kingdom in any Court yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of Inferiour Judges and order to be brought before themselves Most of the Sheriffs were antiently so by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a Power in their Shires that our King of late hath thought fit to agree with many of these Sheriffs for their Rights by which it comes to pass that many of them now are in the King's Gift The Sheriffs may either sit and give Judgment themselves or do it by a Deputy which they most commonly do except in some great cases For the more full satisfaction of the Reader it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs Shires or Counties of Scotland and their Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian Charles Maitland The Shire of Berwick containeth Mers Earl of Home The Shire of Peeblis containeth Tweddail Earl of Tweddail The Shire of Selkirk containeth the Forrest of Etterick Murray The Shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail Anandail E. of Queensbury The shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The shire of Aire containeth Kyle Carrict and Cunninghame E. Dumfreis The shire of Renfrew containeth the Barony of Renfrew E. of Eglington The shire of Lanerick containeth Clidsdail D. Hamilton The shire of Dumbritton containeth Lenox D. of Lenox The shire of Bute containeth the Isles of Bute and Arran Sir James Stewart of Bute The shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles all Ila Jura Mull Wyist Teriff Coll Lismore c. E. of Argile The shire of Perth containeth Athol Goury Glenshee Strath-Ardell Broad Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern D. of Atholl The shire of Striveling lyeth on both sides the River Forth E. of Marr. The shire of Linlithgow West Lothian John Hope of Hoptoun The shire of Clackmanan containeth a small part of Fife lying on the River Forth towards Striveling Sir D. Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Loâ—hleiven and the Ochell Hills E. of Morton The shire of Câ—uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila â—len Esk Glen-Prossin E. of Southesk The shire of Kinkardin cont Mernis E. Mareschal The shire of Aberdeen containeth Mar with its pertinents as Birse Glentaner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land E. Dumfermline The shire of Bamf containeth a small part of Buchan Strath-Dovern Boyn Enzy Strath-Awin and Balveny Sir James Baird of Auchmedden The shire of Elgine containeth the Eastern part of Murray Robert Dumbar of The shire of Nairn containeth the West part of Murray The shire of Innerness containeth Badenoch Lochabyr and the South part of Ross E. of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrquart of Cromarty The shire of Tayne containeth the rest of Ross with the Isles of Sky Lewes and Harrigh E. of Seaforth The shire of Dornoch containeth Southerland and Strath-Naver E. of Southerland The shire of Weik containeth Cathness E. of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale D. of Lauderdale Stewartries Stewards Strath-Yern E. of Pearth Monteith E. of Monteith Annandail E. of Annand Stewartries Stewards Kirkudbright containeth the East part of Galloway E. Nithisdail Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington Court of Regalities There are also many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and Death besides many other great immunities and priviledges This began chiefly in Church lands for all the Bishops and most of the Abbots had these Regalities granted them some of the antient and great Peers got the same power bestowed upon them and many more have lately got their Lands erected into Regalities The Judge is called the Bailiff of the Regality who sits as often as there is cause Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance These being given by the King a Church-man not being allowed to give a Commission in causa sanguinis A Barons Court Besides these every one that holds a Barony of the King has a Baron Court in which leâ—â—er matters are also judged and they may fine and distrain Antiently these Baron Courts might judge of Life and Death but now it is not so For all the other particulars that relate to the Regalities Superiorities and
hath not first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is the nursing Father of the Church the King hath Power to call a National Synod and by his Commissioners to make constitutions relating to the Government and polity of the Church This National Synod was stiled the General Assembly which according to its Constitution and Authority setled in King James the sixths minority was made up of two Ministers Commissioners from every Presbytery and one lay Elder a Commissioner from every Royal Burrough one from every University one fâ—om the King These had the Supream Authority about aâ—l Church-matters How much trouble this Assembly General bred King James the sixth and the pretentions the Church made afterward the sad desolations of the Church of Scotland in these times do sufficiently bear witness A shadow of this still remains for the Supream Ecclesiastical Court is declared to be a National Synod made of Bishops and Deans and two Ministers from every Presbytery one of whom is of the Bishops nomination and a Commissioner from every University yet nothing is to be proposed but by the King or his Commissioner nor can any thing that they do be of force till it be ratified by the King but of this Synod their is no need being the King's Supremacy is so large it is evident that the King is over all Persons as well in Ecclesiasticks as Civil Supream From the King of Scotland there is no appeal in Ecclesiastical Affairs to the Bishop of Rome as it is in other principal Kingdoms of Europe There is no appeal in civil Affairs as in other Dominions of Christendom nor in either Ecclesiastical or Civâ—l to the Peopâ—e who in themselves oâ— by their Representatives in Parliament were ever subordinate to the King The King being the only Soveraign and Supream Head is furnish'd with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions He may be properly call'd as all great Princes Gods Vice gerent being so much Majesty and Power is represented by him whereby the People have so much the higher esteem and more reverend awfulness of him for if that fails nothing can be expected but confusion impiety and calamity The Ancient Christians out of an high respect to their Christian Kings and Emperors used to attribute the Titles of God though imperfectly and analogically in them yet essentially and perfectly only in God and the good Christians of these times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharoah some writers of that Age seem to justifie it as being done only to beget a respect in these times in the hearts of the People for their Kings The King is not subject to Death because he is a Corporation in himself that liveth for ever All Inter-Regna being unknown in Scotland the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done The King is every where in all His Courts of Justice in all His Palaces therefore it is that all His Subjects stand bare in the Presence-Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence By his Prerogative of pardoning whom the Law hath condemned the King is in a manner invested with Omnipotency by raising men from Death to Life Can create to the highest Dignity and annihilate the same at pleasure All punishments proceed from him in his Courts of Justice and it is not lawful for any Subject to revenge himself In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from Hâ—s Subjects more Reverence Honour and Respect than the King of Scotland All His people at their first Addresses kneel to him all persons not the Prince nor the Heir apparent excepted stand bare in the presence of the King and in the Presence-Chamber though in the King's absence The King 's only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch he useth no other Witness but himself viz. Teste meipso CHAP. III. Of Succession and the next Heirs to the Crown of Scotland THE King of Scotland hath Right to the Crown by Inheritance and the Laws and Customs of the Kiâ—gdom upon the Death of the King the next of kindred though born out of the Dominions of Scotland or born of Parents not Subjects of Scotland is immediately King before any Proclamation Coronation publication or consent of Peers or people The Crown descends from Father to Son and his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of a Brother to the Sister and her Heirs The Salique Law or Custom of France hath here no more force than it had anciently among the Jews or in Spain and other Hereditary Kingdoms The Salique Law is of force only among the French Turks and Barbarians and hath been so of a long time At the Death of the King die not only the Offices of the Court but all Commissions granted to Judges In the King's Infancy a fit person of the Nobility is made choice of in Parliament who by nature or alliance hath most interest in the preservation of the Life and Authority of the Infant In Scotland the King being absent by His Majesties Commission the Lord High Commissioner to whom the King commits the grand and weighty Affairs of the Kingdom doth by Instructions from His Majesty regulate the Affairs and redresses the Grievances of the Kingdom Of the present King of Scotland The King now Reigning is Charles the Second of that name his name of Baptism Charles in the German Tongue signifies one of a masculine strength or virtue Surname His surname is Stuart which first by Office was given to Walter Father to Robert King of Scotland from whom our present King is descended he was grand Senescal or High Steward or Stuart of Scotland as bearing such an Office by a long and vulgar errour it hath so prevailed that it was accounted the surname of the Kings of Scotland and of many Families descended from them The Genealogy The King now Reigning is Son to King Charles the Martyr and the Princess Henrietta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his veins all the Royal 〈◊〉 of â—â—rope concentred he is descenâ—â—â—â—â—neally lawfully from Scotish Kings for almost 2000 years the King now Reigning the 109th so that for Royal Extraction and long line of just descent His Majesty now Reigning excels all the Monarchs of all the Christian if not of the whole world Birth He was born the 29th of May 1630. at the
Royal Palace of St. James's over which house the same day at noon was seen by thousands a Star and soon after the Sun suffered an Eclipse a sad presage as some then divined that this Princes power should for some time be Eclipsed as it hath been and some Subject signified by a Star should have extraordinary splendor Baptized Was Christened the 27th of June following by the then Bishop of London Dr. Laud. Had for his Godfathers his two Uncles Lewis the 13th King of France and Frederick Prince Palatine of the Rhein then called King of Bohemia represented by the Duke of Richmond and Marquis of Hamilton His Godmother being then the Queen Mother of France represented by the Dutchess of Richmond Had for Governess Mary Countess of Dorset In May 1633. he was first Knighted and immediately after he was made Knight of the Garter and installed at Windsor Education At the Age of Eight he had for Governour the Earl afterwards Marquis now Duke of Newcastle and after him the Late Earl of Barkshire and for Tutor or Praeceptor Dr. Duppa then Dean of Christ Church after Bishop of Salisbury and lately of Winchester At the Age of Twelve was with the King his Father at the Battel of Edge Hill and soon after at Oxford was committed to the care of the Marquis of Hertford About Fourteen years old was in the Head of an Army in the West of England At the Age of Fifteen a Marriage was proposed between him and the Eldest Daughter of the King of Portugal the Infanta Joanna since deceased Two years after was from Cornwal transported to the Isle of Scilly and after to Jersey and thence to his Royal Mother to St. Germains near Paris At this time the Parliament in England being at variance with the King A little time after he was at Sea with some Naval Forces endeavouring to rescue the King his Father then in the Isle of Wight out of the wicked hands of his Rebellious Subjects Not many months after upon the sad news of the horrid Murther of his Royal Father he was in Holland first saluted King and soon after proclaimed in Scotland being not yet nineteen years of Age. At the Age of Twenty from Holland he landed in Scotland June 1650. and in January following to the joy of His Loyal Subjects there he was Crowned at Scoone the place where his Ancestors had been Crowned At his Coronation there was this Solemnity A Reverend and Learned Divine Mr. Robert Douglass preaching a Sermon concerning the Dignity and Honour due to Kings all the Nobility being present he was invested with the Regalia The Crown being put upon his Royal Head he was by the joyful Acclamations of his people saluted King all of them present with one voice crying out God save the King God save the King God save the King These precise times not allowing the ordinary Rites of Coronation The third of September 1651. fought the Battel of Worcester whence after the unfortunate loss of his whole Army wandring in disguise about England for six weeks and most wonderfully preserved he was at length transported from a Creek near Shoram in Sussex to Feccam near Havre de Grace in France in which Kingdom with his Royal Brothers and divers Scotish and English Nobility Cleâ—gy and Gentry he was for some years received and treated as King of Scotland and England Afterwards he passed his time in Germany Flanders and Spain in the studies and exercises most befitting a Prince until the year 1660. at which time being at Brussels in the Spanish Territories perceiving a general inclination of his Subjects in England to receive him he providently removed himself to Breda within the Dominions of the United Provinces in the Netherlands and thence in May to the Hague After a little abode there by the humble invitation of his Scotish and English Subjects he imbarked at Scheveling the 23 of May 1660. and with a gallant Fleet and gentle gale of wind landed the 25th at Dover and on the 29th following being his Birth-day and then just 30 years of Age he entered into London being attended with most of the Nobility and Gentry of the Three Kingdoms where he was received with the greatest and most universal Joy and Acclamations and Magnificence that could possibly be expressed And on the 23d of April 1661. was Crowned with great Solemnity Ceremony at Westminster His Majesties life hath been full of wonders But three passages especially seem miraculous First at his Birth a bright Star seen over him at Noon-day by many thousands Secondly His escape in and after the Battel of Worcester when being in the very heart of England forsaken by all a summ of money by publick Act promised to those that should discover him and penalty of High Treason to any one that should conceal him when he was seen and known by many persons of all sorts and conditions whereof divers were very indigent and so very subject to be tempted with the proposed Reward and divers of the Female Sex and so most unapt to retain a secret When he was necessitated to wait so many weeks and appear in so many places and companies before a fit opportunity of Transportation could be found Thirdly His Majesties Restauration quippe impossibile fuit filium tot precationum tot lacrymarum tot miraculorum periisse that after so many years dispossession his most inveâ—erate potent subtle enemies in full and quiet possession on a sudden the desire of him should like Lightning or a mighty Torrent run over his Kingdoms in such a manner that he should be solemnly invited magnificently conducted and triumphantly received without blood blows bargain or any obligation to any Forein Prince or Potentate This was the Lord's doing and must for ever be marvellous in our eyes Justly might the Great Turk hearing of His Majesties Restauration declare if he were to change his Religion he would adore and worship the God of the King of Great Britain Of His Sacred Person of His Life and Safety the Laws of Scotland are so tender that it is High Treason only to imagine or intend the Death of the King And because by imagining or conspiring the Death of the King's Counsellors or great Officers of his Houshold the destruction of the King might ensue the Law hath provided they should be punished with Death The King's Person is in so high an esteem that to offend against those persons that represent the King as to kill some of the Crown Officers or the King's Judges or to counterfeit the King's Seal or his Moneys is made High Treason because by all these the King's Person is represented and High Treason is so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal His â—â—irs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them The Law by no means will suffer an Idiot or Lunatick to go
Campo-bello or Campbell Turgot Prior of Durham and B. of St. Andrews wrote the Lives of King Malcolm Canmoir and of his Queen Margaret Liber Sconae a Chronicle written by the Monks of Scoone Liber Pasletensis The Black Book of Paislay a Chronicle written by the Monks of Paislay Liber Pluscartensis a Chronicle written by the Monks of Pluscardy One Blind Henry wrote the History of Sir William Wallace in Scottish Meeter John Barbour Archdeacon of Aberdeen did write the Life of King Robert Bruce in Scottish Meeter John Major Provost of St. Salvator's Colledge in St. Andrews wrote the History of the Nation William Elphinstone B. of Aberdeen wrote a Treatise of the Scottish Antiquities Hector Boeth or Boyes Principal of the King's Colledge of Aberdeen wrote the History of the Nation till the Reign of King James the First continued till the Reign of King James the Sixth by John Ferrerius a Piemontoise a Monk of Pluscardy John Balenden Archdeacon of Murray did translate Boyes History into English George Buchanan Praeceptor to King James the Sixth wrote the History of the Nation till the year 1572. Robert Johnstone wrote a Continuation of the Scottish History from the year 1572. till the year 1624. in Latine Folio John Leslie Bishop of Ross wrote the History of the Nation till the year 138 Raphael Holinshed wrote the History of the Nation till the Reign of King James the Sixth continued by Francis Thin Will. Cambden wrote a Description of the Kingdom John Dempster wrote an Introduction to the Scottish History David Chalmer wrote a Treatise of the Scottish Saints David Hume of Godscroft did write the History of the Earls of Douglass and Angus William Drummond of Hawthornden did write the Lives of the Five King James's William Sanderson wrote the Lives of Queen Mary King James the Sixth and King Charles the First John Spotiswood Archbishop of St. Andrews did write the History of the Church of Scotland from the first Plantation of the Christian Faith therein till the Death of King James the Sixth The Office of the Chancellor of State conferred upon him by that glorious Martyr King Charles the First he discharged to the satisfaction of his Royal Master and the advantage of the Church He was a person of rare Ornaments and in all things compleatly qualified for his Imployment yet he did not escape the hard measure which other Loyal Subjects tasted of for by the Covenanters he was forced to retire into England where he met with entertainment more suitable to his worth He ended his daies in a good old Age and was honourably Interred in Westminster Abby Anno 1639. after he had governed the See twenty four years George Wishart Dr. of Divinity and Bishop of Edinburgh did write the Actions of James Marquess of Montross Robert Gordon of Stralogh did write the Theatrum Scotiae being a description of the whole Kingdom with the Maps of every particular Country Printed by Janson Bleaw at Amsterdam a very excellent work The mercenary Printer did him a double injury first in printing with his Book Buchanan's Seditious Pamphlet De Jure Regni apud Scotos it being sufficiently known that the Author was of no such principle but alwaies Loyal Then in dedicating that work to the Usurper O. Cromwell whereas the Author sent over to the Printer a Dedication of his Book to His most Sacred Majesty at that time Prince of Wales and the Copy of that Dedication written with his own hand is yet in the Custody of his Son the Reverend James Gordon Parson of Rothimay This much was necessary to be said in vindication of that worthy Gentleman who was one of the most Learned persons of the Age he lived in If any think that this Treatise hath not swelled to that bulk that might be expected from an undertaking of this nature having so large a Subject to treat of let this suffice for an Answer that the several calamities that have happened in this Antient Kingdom may justly serve for an Apology when it is to be considered that after the Death of Alexander the Third of that Name King of Scotland and all his Sons which in one years space died of a pestilent Fever which was never before known in this Kingdom his Daughter being Queen of Norway died in the same year who left behind her a Daughter whom after the Death of the King and his Sons the Estates sent for to this effect Two Ambassadors were dispatcht to Norway to take care of the safe conveyance of this Young Lady the only hope the Kingdom relyed on It was not long after these Gentlemen that were sent to Norway returned bringing News that this Lady was dead likewise Consider what fears and sorrows at the hearing of these News did perplex the Subjects of this Kingdom So many deaths falling out in the Royal Family did presage great calamities to ensue For as the Loss of so worthy a King was great so their Fears was no less because of the uncertainty of the Succession Many Competitors six they were in number claiming the Inheritance of the Crown and all of them men of power and friendship It must needs be supposed that they did divide the Realm and so beget a Civil War yet these who were trusted with the management of Affairs during the Inter Reign did by their Mediation work them to a Compromise and to remit the decision of the Controversie to King Edward the First of England a Prince of long Experience and much respected in that time For this purpose divers Gentlemen were sent to King Edward who at that time was in France to inform him of the inconveniencies that were feared to fall out in the Kingdom of Scotland and the course they had taken to prevent the same intreating his help for quieting the State King Edward glad to have an hand in the making of a King in Scotland dimitted them with many kind expressions of his kindness to the Kingdom assigning a Dyet for the Competitors at Norham upon Tweed at which Dyet the King was present at this meeting there was no decision all the Competitors except two to wit John Baliol and Robert Bruce were ordered to cease from their claim Of Baliol and Bruce an Oath was taken that they should abide and stand by the Sentence the King should pronounce The like Oath was taken by the Prelates Nobles and other Commissioners who swore to accept of him for their King that would be tryed to have the best Right and for the greater assurance all their Seals were appended to the Compromise Five years and some more were spent before the Controversie was brought to an end At last K. Edw. returned to Berwick and calling the Twenty Four to whom the important Affairs were committed they were shut up in the Church there to debate the Matter none being permitted to have access unto them he himself now and then went in to know how their proceedings went and perceiving the greater part