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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26656	Medulla historiæ Scoticæ being a comprehensive history of the lives and reigns of the kings of Scotland, from Fergus the First, to Our Gracious Sovereign Charles the Second : containing the most remarkable transactions, and observable passages, ecclesiastical, civil, and military, with other observations proper for a chronicle, faithfully collected out of authors ancient and modern : to which is added, a brief account of the present state of Scotland, the names of the nobility, and principal ministers of church and state, the laws criminal : a description of that engine with which malefactors are tortured, called the boot.	Alexander, William, fl. 1685-1704.	1685 (1685)	Wing A917; ESTC R21197	93,143	254

bear any Grain Commodities The Country every where affordeth plenty of Sheep Oxen Coneys and fallow Deer as also abundance of Geese Ducks Hens Turkies Pigeons Partridges Sea-Plover Herons Quailes and Larks c. with great plenty of Fish such as Salmonds Pikes Carps and Trouts also Herrings Oysters Cockles Mussels Turpots and Lobsters Fruits As Apples Pears Plums Cherries Peaches and Apricocks Corn Barly Rie Beans Pease and Oats Also it produceth a great quantity of Tin Lead Copper Allom Salt Hops with several Silver-Mines It is accounted Richer under ground than above by reason of their Mines which when tryed yeild much in their quantities of Ore SECT II. Of the Laws of Scotland THey are made of the Municipal and Civil Laws the Municipal consists either of Acts of Parliament or of the Customes and Practices of the Colledge of Justice and when neither of these contradict the Civil Law is of force All the Rights and Evidences of the Subject are committed to Registers by which means men are sure not to be cheated in buying or conveying Estates For first no man can have a right to an Estate but by his being seised of it which is done by delivering Earth and Stone upon which an Instrument is made called a Seising and this within sixty dayes after must be Registred else it is of no force by which means all secret Conveyances are cut off Next all Bonds have a Clause in them for inserting them in the publick Registers and they being Registred without any further Action upon a charge of six dayes the Debtor must make payment A Third Instance is that any Creditor may serve a Writ on his Debtor called Letters of Inhibitione by which he can make no disposition of his Goods or Estate till the Party be satisfied if these Letters be returned Registred within twenty-one days after they are served otherwise they have no force Many such Instances may be produced by which it appears how securely the Subject may enjoy that he hath or may purchase SECT III. Of the Cheif Officers of State of the Parliament of the Privy Council of the Colledge of Justice of the Justice Court and of the Exchequer THe King administers the Government of the Kingdom by his Officers of State who are Eight in number The first is the Lord Chancellour who is Keeper of the Great Seal and President of all Courts except the Exchequer This Office is in the Person of John Earl of Perth The second is the Lord Treasurer who manages the Revenue and presides in the Exchequer who is at present the Marquess of Queensbury The third is the Lord Privy Seal which Office the Marquess of Athole enjoyes The fourth is the Lord Secretary who is at present Alexander Earl of Murray The fifth Officer is the Lord Clerk of the Registers who has the charge of all the publick Records this Office is executed by Sir George Mikenzie of Tarbet The sixth is the Kings Advocate he is commonly a Judge except in cases where the King is concerned and then he pleads for the King The present Lord Advocate is Sir George Mikenzie of Rosehaugh The seventh Office is the Lord Treasurer Deputy which Office was Executed by Sir Charles Maitland of Hattoun now Earl of Lauderdale The eighth is the Lord Justice Clerk who assists the Lord Justice General in criminal Causes The present Justice Clerk is Richard Maitland Esquire Par. The Parliament is made up of three Estates The first is Ecclesiastical consisting of Arch-Bishops and Bishops The second Estate is The Nobility and Barons The third is The Burroughs Upon the first day of each Parliament there are such solemnities and magnificent Shews as is not observed in any Kingdom upon such occasions For all the members of Parliament according to their degree Riding as it were in Procession from the Kings Palace to the Parliament House The Commissioner Riding last The Crown the Sword and the Scepter with the rest of the Honours being carryed before him they return in the same order back again to the Palace Sometimes the King makes use of a Convention of Estates which can make no Laws only by this meeting impositions are laid upon the Subjects The Parliament being the supream Court it is not impertinent to give a List of the Nobility with their Precedency and Surnames which is as follows Dukes His Royal Highness the Duke of Albany     Surnames The Dukes of Hamilton Hamilton Buccleauch Scot. Lenox Lenox   Marquesses Surnames The Marquess of Huntley Gordone Douglas Douglas Montross Graham Athol Murray Queensbury Douglass   Earls Surnames The Earls of Crawford Lindsey Errol Hay Marishall Keith Southerland Southerland Marr Ereskine Airth Grahame Morton Douglass Buchan Ereskine Glencairn Cunninghame Eglinton Montgomery Casstles Kennedy Murray Stewart Caithness Sinclare Nithifdale Maxwell Wintoune Seatoune Linlithgow Livingstone Hume Hume Pearth Drummond Dumfermling Seatoune Wigtoun Fleming Strathmore Lyon Abercorn Hamilton Roxborough Ker. Kelly Ereiskine Haddingtoun Hamilton Galloway Stewart Seaforth Mac. Kenzy Lowthian Ker. Kinnoule Hay Loudon Campbell Dumfriess Creighton Sterling Alexander Elgine Bruce Southesk Carnaigy Traquair Stewart Ancram Ker. Weimes Weimes Dalhousy Ramsey Airly Ogilvy Callender Levingstone Carnwath Dalziel Finlator Ogilvy Levin Lesley Annandale Johnstone Dysert Murray Panmuire Mauld Tweddale Hay Northesk Carnaigy Kinkardin Bruce Forfar Douglass Balcarres Lindsay Middleton Middleton Aboyne Gordone Tarras Scot. Newburgh Levingstone Kilmarnock Boyd Dundonald Cochraine Dumbarton Douglass Kintore Keith Broad Albyne Campbell Aberdeen Gordone   Viscounts Surnames The Viscounts of Faulkland Carey Dumbarr Constable Stormont Murray Kenmure Gordone Arbuthnet Arbuthnet Frendaret Creightone Kingstone Seatoune Oxenford Macgill Kilsyth Levingstone Irwing Campbell Dumbiane Osborne Preston Grahame Newhaven Sheene   Lords Surnames The Lords of Forbes Forbes Saltone Frazier Gray Gray Ochiltry Stewart Cathcart Cathcart Sinclare Sinclare Mordington Douglass Semple Semple Elphingstone Elphingstone Oliphant Oliphant Lovat Frazier Borthwick Borthwick Rosse Rosse Torphighen Sandilands Spyne Lindsey Lindoris Lesley Balmerinoch Elphingstone Blantyre Stewart Cardrosse Ereskine Burghly Balfour Maderty Drummond Cranstone Cranstone Melvil Melvil Neaper Neaper Cameron Fairfax Cramond Richardson Rae Macky Forrester Bailzy Petsl●go Kirkudbright Mac-cleland Frazier Frazier Bargany Hamilton Bamf Ogilvy Elibank Murray Dunkeld Galloway Halcarton Falconer Belhaven Hamilton Abercromby Sandilands Carmichael Carmichael Rollo Rollo Colvil Colvil Duffus Southerland Ruthven Ruthven Mack-Donald Mack-donald Rutherford Rutherford Balanden Balanden Newark Lesly Burntisland Weimes Strathard Nairne His Majesties Privy Council is chiefly imployed about Publick Affairs the Power of it hath been mostly raised since King James came to the Crown of England by reason of which being necessitated to be absent from Scotland himself he lodged much of his power in the Lords of His Privy Council we cannot by reason of the late alterations give an exact List of the present Lords of the Council Wherefore we shall forbear The Supream Court of Judicature about the property of the Subject is called the Colledge of Justice It consists of fourteen Judges who

His Royal Highness IAMES DUKE of Alban● and Yorke only Brother to his sacred Mayesty Lord High Com̄issioner of Scotlan● Medulla Historiae Scoticae Being a Comprehensive HISTORY OF THE Lives and Reigns OF THE KINGS OF SCOTLAND FROM FERGVS the First to our Gracious Sovereign CHARLES the Second CONTAINING The most Remarkable Transactions and Observable Passages Ecclesiastical Civil and Military with other Observations proper for a Chronicle faithfully Collected out of Authors Ancient and Modern To which is added A brief Account of the Present State of Scotland the Names of the Nobility and Principal Ministers of Church and State the Laws Criminal A Description of that Engine with which Malefactors are Tortured called the BOOT LONDON Printed for Randal Taylor near Stationers Hall 1685. To the Most Noble JAMES Earl of Perth Lord Drummond and Stobhall c. Lord Justice General of the Kingdom of SCOTLAND One of the Extraordinary Lords of the SESSION and one of the Lords of His MAJESTIES Most Honourable PRIVY COUNCIL in that KINGDOM THIS Compendious History of the KINGS of Scotland is Most Humbly Dedicated by Your Lordships Most Humble most Faithful and most Obedient Servant W. A. TO THE READER I Shall not detain the Generous Reader with Flourishes upon the Grandeur and Glory of the Scotish Crown nor tell you that it may Vie Antiquity with the Ancientist Monarchy of the Vniverse that I leave to your Vmpirage when you have compared the following sheets with the Histories of other Nations Only thus far I will assure you that Scotland will be found to be a Country Pregnant of Wonderfull Changes and Revolutions a Theatre whereon Divine Providence has I Exhibited divers remarkable Instances of it's Peculiar Care over Crowned Heads and where all Treason and Disloyalty has been persued with utter ruine and Destruction It can show a Race of Kings Vnparallel'd for their Bravery and Gallantry in the Defence of their Country and Protection of their Allies and for their Heroicism in Assisting and redresing the Miserable and Opprest But I leave their own Acts as represented in the following Mirrour to make good my assertion and shall proceed to offer something in my own Vindication for I am liable to some Reprehension for Cramming so Large so Bulky a History into so small a Volum but if it be considered that all the Curious have neither the leisure to peruse nor the means to provide a larger I hope I shall need no farther Apology upon that point nor need I advocate much for differing much from many Authors as to the Origin of our Nation since I have followed the most Authentick and have only vary'd from those whose writings are vanished with Monckery and savour more of the Legend than true History Besides the plain bomespun manner wherein all these matters are deliver'd will disgust several who only delight in what is Flaunting and Trick'd up with all the Ornaments and Gawdiness of Rhetorick and Elocution but be it known I fitted my stile for the Capacities of Vulgar Readers such as becomes a History not a Panegyrick and what squars best with the Tongue of both Kingdoms wherein there was never yet any Chronicle publish'd of the Realm of Scotland so as that those who were unacquainted with the Latin were excluded from the knowledge of the Primitive state of so Illustrious a Kingdom After having fitted this account for the Common use by divesting it of a Pompous Dress and a too Stately Dignity of stile my Chief Care was to avoid Partiality by a stedy and Cauterous stearing between Buchanan and Bishop Lesley Seylla and Charybdis where vast Funds of Wit and Learning might easily have wrought the shipwrack of an unwary Pilot so that tho' a great part hereof is a translation of Eminent Authors yet I left my Originalls when I found 'em bias'd and avoiding their Extreams boul'd directly to the Block THE Introduction HIstory has been reckon'd one of the most Generous amusements of the greatest Personages and the loftier the Subject the more agreeable the Entertainment Now for the Advantages and Dignity of a Scotish Chronicle I will not so much insist upon it's Novelty and the wonderful Vicissitudes it contains as the Preheminency of that Crown over all Common-wealths Empires and Monarchies which by stating their several Claims and Pretences will sufficiently be made appear The Emperor Challenges the first Rank as succeeding to the Roman Emperors who are supposed to have been universal Monarchs the French King pretends also to it upon the Account of his being Stiled the most Christian King with other such Pretences The King of Spain also pleads it as his Right being the most Catholick King and King of manyest Kingdoms In this Debate of theirs we are not a little concerned our business therefore shall be to prove First that the King of Great Britain hath an unquestionable Right of Precedency to all the above named Princes Secondly that he hath it it as King of Scotland First he founds his Precedency to them all 1. Upon his being a absolute Monarch of the Isle of Great Britain which was first Christian 2. Upon his being one of the Quatuor nucti which were before all other Kings 3. That having Conquered France he hath Right to all it's Titles by which he carries it clear from the Spaniard or any other Competitor and Lastly that it was granted him even as King of England by the Popes themselves in the General Councils so that had they not relinquished his Papacy it is like his Holiness had not as yet questioned their Title to it II. His Majesty as King of Scotland may justly claim the Precedency from all those Princes it being by Lawyers declared the uncontroverted use of Precedency That amongst those of equal Dignity he who first attained to that Dignity is to be preferred This being a Rule among others Dignities we see no reason but that it should hold here This being granted I subsume that the King of Scotland being equal in Dignity with the Kings of England France and Spain attained to that Dignity before either of them for the first King of Scotland Reigned about three hundred and thirty years before the birth of Christ Whereas the English Historians Confess that they cannot reckon higher than eight hundred years after Christ Nor can either the French or Spaniard come up to the English for the French take the Origine from Hugh Capi who Usurped that Crown Anno. 987. And the Spaniards from Rudolphus King of the Romans Elected 1273. But here it is objected by some that the Kings of Scotland were Vassals to the Kings of England and did them Homage for the Crown of Scotland and so can Claim no Precedency amongst any free Princes far less amongst such as are of the first magnitude This some English Historians do with great Confidence aver but that their Ignorance or Malice or both may appear we are Content to refer the matter not only to the Respect the General Councils

snatched it out of his Fathers hand and wrung off her Neck for which his Father being angry Well says he Since I cannot Govern thee I will bring one shall Govern us both And from that day he ceased not to further the Redemption of the King he Governed four years 102. But the Nobles weary under this form of Government the Governour being also irritated by the Misdemeanor of his Children all Unanimously determine without longer delays to work the deliverance of their Native Prince James fourth of England which at length was effected Anno. Dom. 1424. Having Ransomed him for the sum of forty hundred thousand Marks He married Jane Daughter to the Duke of Somerset Son to John of Gaunt who bare to him two Sons Alexander who dyed shortly after and James the second who succeeded to him The King having passed the Solemnities of Hasterat Edenburgh He with his Queen came to Perth and from thence to Scone where he was Crowned in the twenty seventh year of his Age after he held a Parliament at Perth where the Tax was laid on to pay the sum promised to England for his Ransome from thence he went back to Edenburgh where he called such as were Concerned with the Crown Rents together he understood by their Accounts that the most and best part of the Crown Lands were alienated and wasted by the late Governour and his Sons whereat he was exceedingly incensed yet that time he smothered and put a fair Countenance upon his Passion But soon after pregnant Accusations were brought in against some of the Nobility especially the Governours Friends upon which some of them were made Prisoners which occasioned much discontent and Jealousie on both sides yet the King securing the Body of this Estate on his side resolved to go on and having Arrested the Governour with two of his Sons and several others his Friends they were all committed to several Prisons Whereupon James the Governours youngest Son in a desperate rage accompanied with a number of Out-laws came to Dumbarton and set on Fire and killed John Stewart the Kings Uncle with thirty others This Insolency of the Son quite diverted the Kings Clemency from his Father and Brethren Whereupon he calleth a Parliament at Sterling where the Governour with his two Sons and his Father-in-Law the Duke of Lenox were Arraigned and Condemned and soon after Executed this highly perplexed some other Lords and Gentlemen who were Prisoners at the same time fearing that they should also meet with the same measures yet the King like a wise Physitian being not willing to take away more Blood than he thought would take away the Disease of the Body in a short time set them all at Liberty The Wars continuing between France and England the French sent an Ambassador to renew the ancient League with Scotland But his main business was to carry on a match between Lewis the Daulphine tho' then very young and Margaret Daughter to King James this match the English neglected but afterward most earnestly sued for it The South parts of the Kingdom being brought under Obedience the King resolved to have the North follow their Example for which end he went thither himself in Person to keep his Courts When he came there he found things in a strange Condition all going by strength of hand the stronger overthrowing the weaker The King not knowing well how to go about the taming of these rude Villains seemed to give small Faith to what he heard of them allowing such of them as seemed to come and see him a great deal of seeming Favour till at length he got forty of their Chiefs all at once within the Castle of Innerness whom he presently surprized making them close Prisoners Within a few days after the King was convinced of this wickedness Alexander Macrory and John Macherter were hanged John Campbel for murthering John of the Isles was beheaded The Earl of Ross being taken in this Trap was brought by the King to Perth where he was accused of Oppression and other things yet the King pardoned him and freely dismist him taking his Oath of Fidelity But as soon as he went home he gathered together a Rabble of Out-laws who came towards Innerness burnt both Town and Castle to the Ground Whereupon the King himself went with his Forces against him at whose approach all the Rebels fled Alexander thus abandoned of his Forces fled to the Isles but finding that he was way-laid on all hands and had no way left him to escape he came disguised to Edenburgh Whereupon Yesterday the King being at Church he came wrapped in a mourning Garment and fell down at his Feet beging his Life which at the Queens request was granted but to keep him from any more mischief the Earl of August was appointed to take him into Custody within Tanutallon Castle Donald Balloth Cousin-german to the Earle of Ross raised a great number of outlaws and invaded Lochaber and in a Bloody Battel overthrew the Earles of Marr and Caithness at Innerlochy the news coming to the King he came with a great Army to Dunstaffage which when the Clans heard of they tendred their Submission to the King promising to break Balloth and his party which the King accepted of Balloth fled to Ireland where he was taken and his head chopt off and sent to King James Notwithstanding of the many Acts of Justice that were done upon these disorderly outlaws yet nothing frighted one Macdonald who was Famous for all sorts of Villanies among other Cruelties he is said to have nailed Horseshoes to the Soles of a Widdow because that she swore to delate him to the King being taken with twelve of his associates and brought to Perth the King caused them to be shooed in the same manner as he had served the woman draging him about for a Spectacle to the people for three days then all of them were put to death In this year A. D. 1430. the first of June was a terrible Eclipse of the Sun at three of the clock in the afternoon the day turning black for the space of half an hour as though it had been night which was afterward called by the common people The black Hour The King having setled the Country begins to look to his own affairs and having advisedly perused all evidences and Charters belonging to the Crown he recalls all such Lands as had been either alienated from it or wrongfully usurped about this time there came Ambassadors from the King of Denmark requiring of King James a Yearly Tribute due to him as King of Norway for the western Isles the Ambassador was honourably entertained and the old League renewed with Denmark soon after the French Kings Ambassadors came to have Margaret already betrothed to Lewis the Dauphin delivered to them and conveyed to France where they found the Lord Scroop earnestly dealing with the King that he must bestow his daughter upon King Henry the sixth of England promising that if he would agree thereto

are called Senators of the Colledge of Justice and a President This Court sits from the first of November till the last of March. The Justice Court being the next Supream Court where Criminals are tryed consists of a Lord Justice General and a Lord Justice Clerk who is his Assistant All Tryals for Life are in this Court where every Subject as well Peers as Commoners are tryed Peers by a Jury or Assize of Peers and Commoners by a Jury of Commoners The next Supream Court is the Exchequer which consists of the Lord Treasurer the Lord Treasurers Deputy and some Assistants called the Lords of the Exchequer Here all the Kings Grants Pensions Gifts of Wards and such like are passed SECT IV. Of Sheriff-Courts also an account of the Shires of Scotland with their Sheriffs who are most of them so by Inheritance THere are beside the Supream Courts of the Nation other inferior Courts the most considerable of which is the Sheriffs Courts where Thefts and all lesser Crimes are Judged as also Murthers if the Murtherer be taken in hot blood The Sheriffs in this Nation are most of them so by Inheritance wherefore it may not be impertinent here to give a List of the Shires of Scotland with their Sheriffs Shires of Scotland with their bounds and Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian The Earl of Lau●erdale The shire of Berwick containeth Mers Earl of Home The shire of Peeblis containeth Tweddail Earl of Tweddail The shire of Shelkirk containeth the Forrest of Etterick Murray The shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail and Anandail Marquess of Queensbury The shire of Wigton containeth the West parts of Galloway Sir Patrick Agnew of Lochnaw The shire of Aire containeth Kyle Carrict and Cunninghame Earl of Dumfreis The shire of Renfrew containeth the Barony of Renfrew Earl of Eglington The shire of Lanerick containeth Clidsdail Duke Hamilton The shire of Dumbritton containeth Lenox Duke 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 with the most part of the West Isles The shire of Pearth containeth Athol Goury Glenshee Strath-Ardell Broad-Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern Marquess of Atholl The shire of Striveling lyeth on both sides the River Forth Earl of Marr. The shire of Linlighgow West Lothian Hope of Hoptoun The shire of Clackmanan containeth a part of Fife lying upon the River Forth towards Striveling Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Lochleiven and the Ochell Hills Earl of Morton The shire of Couper containeth the rest of Fife Earl of Rothes The shire of Forfar containeth Angus with its pertinents Earl of Southesk The shire of Kinkardin containeth Mernis Earl of Kincardin The shire of Aberdeen containeth Mar with its pertinents also the most part of Buchan Forumarten and Strathbogie Sir Campbel of Caddel 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 Earl of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth The shire of Tayne containeth the rest of Ross with the Isles of Sky Lemes and Harrigh Earl of Seaforth The shire of Dornoch containeth Southerland Strath-Naver Earl of Southerland The shire of Weik containeth Cathness Earl of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale Earl of Lauderdale Stewartries Stewards The Stewartry of Strathern Earl of Pearth The Stewartry of Monteith Earl of Monteith The Stewartry of Annandate Earl of Annandale The Stewartry of Kirkudbright containeth the East parts of Galloway Earl of Nithisdale Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington We should in the next place have spoken somewhat of the Ecclesiastical Government of the Kingdom but it being done already by so many Learned Pens especially Arch-Bishop Spotswood to which we refer the Reader We shall now pass to SECT V. Of the Vniversities of Scotland In Scotland there are four Universities St. Andrews Glasgow Aberdeen Edenburgh Of the Vniversity of St. Andrews This University was founded by Bishop Heawardlaw A. D. 1412 the Arch-Bishops of St. Andrews are perpetually Chancellors thereof the Rector is chosen yearly and hath the same Power with the Vice-chancellor of Oxford and Cambridge There are in this University three Colledges viz. St. Salvator St. Leonards and St. Maryes St. Salvators Colledg was founded by Bishop Kennedy who endued it with very sumptuous and costly Ornaments and provided sufficient maintenance for the masters and professors St. Leonards Colledg was founded by Prior John Hepburn A. D. 1525. Persons endowed are Principal four Professors of Philosophy Eight Poor Schollars St. Maries Colledge was founded by Arch-Bishop Beaton no Science is here taught but Theologie which is done gratis the Schools being open to receive any to be instructed Of the Vniversity of Glasgow This University was founded by King James the second and augmented with ample Priviledges by King James the Sixth King Charles the First did ratify all the old Priviledges and bestowed mony for repairing the Fabrick also King Charles the second by consent of Parliament bestowed a considerable sum of mony uppon it Of the Vniversity of Aberdeen There were in this place an associated company of Students of Divinity and the Canon and City Laws in the times of King Alexander the second but it was by King James the Fourth made an University in A. D. 1494 it was founded with as ample Priviledges as any University in Christendom In it both Philosophy Divinity Physick and Law are very accurately taught The Vniversity of Edenburgh King James the Sixth Anno. Dom. 1580. founded this University upon the supplication of the Magistrates of the City granting them under the great Seal an University with all the priviledges and immunities that any University within the Kingdom could pretend to Persons endowed were a Principal a Professor of Divinity a Professor of Philosophy a Professor of Humanity to which is since added a Professor of Hebrew A Postscript Of the Laws of Scotland for Torturing Criminals and of that Torture in particular called the Boot THe Laws of Scotland according to a late Learned Writer Sir G. Mace●zy in his Criminals allow not Tortures but in case of Obstinacy in the criminal where there is great presumption of guilt and therefore it is not allowed to any but to the Councel or Justices to use torture in any case It is a ruled case in Law that Torture being adduced purges all

Lord Gordon usurping almost a Royal Authority over the Countries benorth the Ferth as the Lord Hume also did upon the South-side The Queen seeing her Authority contemned privately Marries the Earl of Angus looking upon him as one who could Protect her and hers in Extremity but this Match instead of heightning weakened her Interest the Nobility dividing in two Factions the one pleading for the Earl of Douglass and the other opposing him thinking him too high already made choice of the Earl of Arran but a third party steps in of whom the Lord Chamberlain was Chief who carried the choice from both pitching upon John Duke of Albany When King Henry heard that this Gentleman was like to carry the Day he writes to Scotland remonstrating to them how dangerous this choice might prove to their State Yet notwithstanding of all that could be said they adhered to their choice and sent to France to call home the Duke of Albany who furnished with all necessaries by the French King with eight well Rigg'd Ships takes the Seas and in the Month of May arrived upon the West-coasts of Scotland from whence with a great retinue of the Nobles and Barons of the Country by easie Journies the Queen meeting him he came to the Town of Edenburgh where he is restored in Parliament to his Fathers inheritance At the Presence of this new Governour the Face of the State turned more beautiful Oppression is restrained Justice sincerely executed the Governour not willing to listen to every mans Advice gave himself to follow the Councel of John Hepburn Prior of S. Andrews this man being of a subtle mind Malicious and Crafty represented to him things as he pleased representing the Factiousness of the Nobility naming several whom he said the Kingdom could not bear Among others he gave out the Lord Chamberlain to be a man unpolish'd Stubbornly Stout mighty in Riches and Power of a working Mind and vehement Spirit that he spoke against the Chamberlain c. The Governour did presently lay hold on this and changed in his affection toward him which the Chamberlain perceiving could not but reflect upon the Governours ingratitude wherefore he resolved to Face about and striking in with the Queen and her Husband became very intimate with them he represented to them what hazard the Prince was in the Governour being a man of such an unsatiable Spirit that nothing but the Crown could set bounds to his Ambition Advising the Queen to think of a way to prevent it they concluded at last that their only safety would be that the Queen would transport her Son to England But as privately as the business was managed it came to the Governours ears who presently sent a Troop of Horse who surprized the Castle of Sterling and in it the Queen with her two Sons The Prince and his Brother are sequestred from their Mother and committed to the keeping of four Noblemen Whereupon the Queen her Husband and the Chamberlain with many others mis-trust-ing the Governour fly to England their sudden departure perplexed the Court exceedingly which moved the Governour to write to King Henry representing to him how little reason they had from him to depart the Kingdom earnestly declaring his respects to the Queen and that if she and all that were with her should please to return she should be very welcom they hoping that they were sincere at last were moved to yield to his desires but when once he had got them within the Country he resolved to be revenged upon them this bred new Confusions for some of the Lords being imprisoned their Friends break very loose the Country is daily pestered and impoverished by Incursions and Inroads till at last after great loss on both sides they come to an Agreement which was followed with the renewing of the Truce with England for some Months All things being thus seemingly calmed both at home and abroad the forementioned Prior of S. Andrews begins to perswade the Governour that all his indeavours to settle the Realm would prove vain so long as the Earl of Hume was alive whom neither rewards could soften nor Honours and preferments make constant upon this the Governour begins to contrive how to get the Earl secured wherefore he came to Edenburgh and called a Convention of the states having intreated the Earl of Humes Friends that he would not fail to be there the matters to be determined concerned him dearly The Earl of Hume with his brother David came to Edenburgh the Night before the Day appointed who were received by the Governour with great Ceremonies and with more than ordinary Favours entertained and shortly after both imprisoned and a day appointed for their Tryal The first thing laid to their Charge was the death of the late King whom several Witnesses proved to have been seen coming to the Castle of Hume from Flondon this not being proved by pregnant Evidences he was accused of several other points of Treason of which he not being able to clear himself to their satisfaction the Judges prepared and directed by the Governour pronounce him and his Brother guilty and Condemn them to have their Heads chopt off which Sentence was the next day put in Execution and their Heads fixt upon the most Conspicuous places of the City This Calamity of the Family of the Humes bred Terrour and Astonishment in many of the Noblemen of the Kingdom and greatly estranged their Hearts from the Governour Ambassadors being sent from France to renew the Ancient League between the two Countries The Governour was chosen by the Nobility of Scotland to pass into France for accomplishing this solemn Action He was no sooner gone but the Queen after she had stayed a year in England Honourably dismissed by her Brother came to Scotland Sir Anthony Darcy being by the Governour made Warden of the Mers and Lothian was slain by Sir David Hume of Wedderburn coming to Dunce to hold a Justice Court Whereupon the Earl of Arran was declared Supream Warden of the Marches who soundly revenged Darcies Death upon the Humes The Kingdom now began to be sensible of the offence of the Governour Factions increasing daily the Nobility and Gentry deciding their Rights by their Swords insomuch that the Earl of Arran who was Provost of Edenburgh having been with the Prince at Dalkeith upon his return had the Gates shut upon him the Citizens pretending that he intended to invade their Priviledges Whereupon followed a Tumult in the City which continued all Night where a Deacon of the Crafts was killed by one of the Hamiltons which did quite alienate the Citizens affection from the Earl of Arran and made them incline to the Earl of Angus this made the Earls of Arran and Angus begin to cross each other Whereupon followed much Confusion in the Country and much Blood-shed between the Douglasses and the Hamiltons at last having encountred one another with their followers at Edenburgh they fight most desperately in the Street till at length

his Ambassage was That the two Kings must have an interview at York this so startled the Church-men fearing that his Uncle might infect the King with the Opinions of the new Reformers that they opposed it with all their might Yet the King and his Council proposed that the Meeting might be at New-Castle which the Lord Howard would in no wise hear of but departed in a chafe King James having so many great Matches in his offer now resolves to accept of some one or other wherefore Sailing from Kirkaldie in ten days he arrived at Diep in Normandy and from thence to Vandosme where the Lady Mary of Burbon was but upon some considerations he setled not his Affections upon her though a great Beauty but went to Paris where he fell in Love with Magdalen Daughter to King Francis with her he was Married in the Church of Nostradam with great Solemnity and soon after Returned with her to Scotland but to his great Grief she Dyed within a few Months after and was Buried at Holyrood-House Not long after the King desirous of Succession sendeth David Beaton and the Lord Maxwel to France to propose Marriage in his Name to Mary of Lorrain In the mean time two Plots against his Life are discovered at Court one by John Eldest Son to the Lord Forbes who thereupon was put to Death yet the King was much Grieved afterward finding great probability that he was accused through Malice The other was Jane Doughlass with her Husband Archbald Campbel of Keepneeth who in the thoughts of many were as groundlesly Accused as the first yet both were found Guilty and Dyed for it The King's Marriage with the foresaid Lady being Concluded they are Married by Proxie and she Arrived in Scotland A. D. 1538. Soon after the Queen Dowager Dyed at Methwen and was Buried in the Charter-House of Perth Now began the Kingdom to be divided in Matters of Religion the Reformation breaking in upon them which perplexed the King exceedingly not knowing what course to take His Council was against violent Courses to be followed but the Prelates who had most his Ear gave him a quite contrary Advice after which most vigorous Inquisitions are established and Punishments denounced against all such as departed from Popery whereupon some are Burnt alive others Banished and many Imprisoned amongst which was that famous Poet and Historian Master George Buchanan who whilst his Keepers Slept escaped by a Window of the Prison the Muses holding the Rope The King of England having by this time so Irritated the Pope that he was Excommunicated sendeth again to his Nephew King James desiring an Interview at York the Nobility were clearly for it but the Church-men fearing their Bacon was as much against it pretending the hazard that his Person and Kingdom would be lyable to After long reasoning upon both sides it was agreed That the King should not altogether refuse to meet his Uncle but adhere to the first offer proposed to his Ambassador concerning this Interview which the King of England rather than his Sute should take no effect accepts But an Incursion which hapened upon the Borders made him that he lost all heart to the Interview hereupon he sendeth many Letters excusing his stay also representing his many Grievances and Wrongs thus were the Seeds of Discord again sown amongst them The reformed Religion by this time begins to be professed by many for the curbing of which the Prelates presents Sir James Hamilton natural Son to the Earl of Arran to be Supream Judge of the Inquisition which turned to his own Ruine for while he is vigorously Persecuting all such as were suspected of the reformed Religion having many in Jayles and multitudes in Scrolls to bring within the Labyrinth of a Process the Supream Providence Arresteth himself For having a Process against James Hamilton Sheriff of Lithgow his own Couzen the said James Accuses him of High Treason for which notwithstanding all that the Prelates could do in his Favour he was Tryed Condemned and put to Death Not long after divers of the Nobility became to Favor the Protestant Religion which so perplexed the King that he knew not what to do he became very sullen and retired that he would scarce suffer his own Domesticks to come near to add to his perplexity as he lay in the Palace of Lithgow in the midst of the Night he leaped out of his Bed and called for Lights commandeth his Servants to search for Thomas Scot his Justice Clerk who he said stood by his Bed-side loaden with great Weights cursing the time that ever he Served him for by too much Obedience to him he was by the Justice of God condemned to everlasting Torments Soon after News came That the said Thomas Scot Dyed at Edenburgh much about the same Hour of the Night Another Instance of the same nature was Sir James Hamilton a little after his Death seemed to the King to have appeared to him in a gastly manner with a Sword in his hand with which he thought he cut off both his Arms advertising him he would come again shortly and be more fully revenged The next day after the Vision word came that both his Sons were departed this Life almost in one hour King Henry finding himself disappointed by his Nephew of their Meeting and understanding the Church-men to have been the occasion of it maketh Prizes of all the Scottish Ships that his Fleet could meet with by Sea and Incursions with his garrisoned Souldiers by Land King James directeth James Lermonth of Darsie to his Uncle to give sufficient Reasons for his not meeting him at New-Castle and to demand Restitution of his Ships King Henry not only refuseth to restore the Ships but also delaying the Answer of the Scottish Ambassador to gain time sendeth Sir Robert B●wes seconded with the Earl of Angus and Sir George Douglass in hasty manner to invade Scotland These to the number of Three Thousand Burn and Destroy all before them till at last the Earl of Huntly with some Borderers meeting them at a Place called Valldanrigg quite routed them Killed many and took some Prisoners The next Summer King Henry sent the Earl of Norfolk towards Scotland with an Army of Forty Thousand Men accompanied with a great many of the English Nobility King James advertised of their coming Mustered an Army of Thirty Thousand Men on Falla-moor to Oppose them When the Duke of Norfolk understood that he was resolved to give him Battel choosing rather to make an honourable Retreat than give a doubtful Charge he retireth off the Scottish ground Whereupon King James encouraged his Nobility and Army to follow them and revenge old Quarrels The Nobles answered That to defend their Prince and Country they would hazzard their Lives or whatever was dear to them If the Enemy had stayed upon Scottish Ground they would either make them retire or Dung the Field with their Carcasses But to Invade England they did not think their Quarrel just