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justice_n	henry_n	king_n	law_n	2,736	5	4.6988	4	false

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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

the next of the Womans blood should succeed the Scots gave their Daughters in Marriage to them But the Brittons who inhabited the South parts of the Island suspecting that this affinity between the Scots and the Picts might tend to their prejudice sent Ambassadors to the Picts perswading them to break with the Scots by this means the Scots suffered extreamly many of their People who dwelt among the Picts being surprized and cut off in Compensation of which they cut off as many of the Picts as they could catch thus they for a long time wasted one anothers Country with continual Incursions at last they resolved to put it to the hazard of a General Battle The Scots assembling in Argyle consulted what was fit to be done and considering that they had not only to do with the Picts but with the Brittons also therefore it was agreed to send Ambassadors to Ireland to have the Advice and Assistance of their old Friends and Progenitors in this Affair and finding that by having many supreme Captains Sedition and Division increased amongst them they resolve to elect one to have the supreem Government over the rest Their Ambassadors arriving in Ireland and representing their condition to Ferchard King of Scots he was much concerned at the wrongs done them therefore he sent his Son Fergus a wise and valiant Prince accompanied with many gallant Soldiers sending with him also the fatal Marble Chair for his incouragement Upon his arrival he called a Councel in Argyle where having made an elegant Oration he was by Unanimous Consent elected King of the Scots 1. Thus Fergus the first King of Scots was Crowned in the fatal Marble Chair which he brought with him from Ireland in the year from the Creation 3641. before the coming of Christ 330. about the beginning of the fourth Monarchy when Alexander the Great vanquished Darius the last Persian Monarch Soon after the Picts assisted by the Brittons invaded the Country against them the King most valiantly took the Field with his fierce Scots when the two Armies approached one another the Brittons stood off in Battle Array resolving that when the Scots and Picts had sufficiently weakened one another in Battle to break in upon them and destroy them both this by a Fugitive Britton was discovered to Fergus whereupon he desired an interview with the King of Picts wherein representing the eminent hazard that both of them were in by the Treachery of the Brittons after mature Deliberation it was determined that they both should convert their Arms against the Brittons this resolution was most pleasing no doubt to the Picts Wives to see their Husbands and their Fathers agreed The Brittons seeing this disappointment of their hopes break upon the Picts pillaging and spoiling at their Pleasure which when Fergus heard of he went against them and with the Assistance of the Picts he totally routed them killing their King his Name was Coil with many of his Nobles Upon this Victory the Nobles and Subjects agreed that Fergus and his Posterity should inherit the Crown of Scotland for ever whereupon Charters and Evidences were granted to them ratifying the same The Kingdom of Scotland being thus confirmed to Fergus and his Successors he with Advice and Consent of his Councel divided the whole Land then inhabited by the Scots among his Nobles and Captains making many Laws to repress Vice and Disorders Not long after he was chosen Arbitrator to determine some high Controversies amongst his Friends in Ireland whereupon he went thither accompanied with many of his Nobles and setled all their Debates But returning home he was by a tempestuous Storm driven upon a Rock in the Sea where he and all the Nobles in his Company perished this Rock is called after his Name Carrib-Fergus Thus dyed this brave and valiant Prince in the five and twentieth Year of his Raign to the unspeakable Grief and loss of his Subjects 2. Fergus being dead left two Sons behind him Ferlegus and Atainus neither of which were capable presently to manage the Government because of their tender years Whereupon a Convention was holden by the Nobles for electing of a King wherein some were for choosing one of the late Kings Children alledging that they were bound by Oath to continue the Crown in Fergus his Succession others aggravated the Danger both at home and abroad under the Government of a Child At length after a long Debate it was enacted that when it happened their King should dye the Heirs begotten of his Body being Children the nearest of the Royal Blood being the best qualified for doing of Justice should succeed and possess the Crown for his time and after his Death the former Kings Son to succeed without any impediment if he is found fit for Government This Law was in Force till the Reign of King Malcom the third Thus by this Law Feritharis Brother to Fergus the late King was chosen who begun his Reign in the Year of the World 3666. before the coming of Christ 305 Years from the beginning of the Reign of Scotland 26. Feritharis Reigned fifteen years with such Equity and Modesty that his Subjects found him an excellent King and his Nephews an excellent Tutor but at length Ferlegus having an itching after the Government and having got some loose young Men upon his side went to his Uncle and boldly demanded the Kingdom from him alledging that he enjoyed it only by way of trust during his Minority Feritharis upon this called a Convention of the Nobles where he willingly offered to resign the Kingdom in Favours of his Nephew but they being sensible how happy they had hitherto lived under his Government and knowing that the other was of a rude untractable disposition by no means would hear of it soon after there was a Conspiracy discovered against the Kings Person managed by Ferlegus and some others Whereupon he was presently arraigned and found Guilty but his Fathers memory his Uncles desire to the Parliament prevailed to have him pardoned and committed only to the keeping of some who were commanded to take special notice of all his Actions but he found a way to deceive his Keepers and make his escape he first fled to the Picts then to the Brittons where he spent the rest of his days in great Misery within a Month after Feritharis dyed not without Suspicion of being poysoned by some of his Nephews Accomplices which so inraged the Nation against him that his very Memory was hateful 3. Mainus Fergus his second Son succeeded in the Year of the World 3680. before Christ 291. After the beginning of the Reign forty one He was a noble Prince and a severe Justitiary he renewed the old League with Crinus King of Picts he dyed peaceably the 29th Year of his Reign 4. His Son Dornadill succeeded him in the Government in the Year of the World 3079. before Christ 262. after the beginning of the Reign seventy he followed his Fathers Foot-steps in Equity and Justice but was more

the Hamiltons were forced to retire having left above fourscore of their number dead upon the Street These broils coming to the Governours ears in France he made all the haste he could home coming to Edenburgh he set himself to amend the Enormities committed in his absence a Parliament is called to which many Noblemen and Gentlemen are cited to appear and answer but some fearing the Event appeared not Whereupon their Estates are forfeited several fled into England among which were the Humes and the Cockburns who were the Authors of Darcies death others submitted and were pardoned The King of England being informed of the Condition of Scotland sent thither an Embassador requiring the Duke to avoid the Country according to the Articles agreed upon between him and the King of France in their last Truce To which he answered that what the Kings of France and England agreed upon in their Treaties of Peace was to him uncertain but of this he was most certain that neither the King of England nor France had Power to Banish him a Foraigner over them where Authority did not reach his Native Country like over like having no Jurisdiction Whereupon King Henry gathered a great Army to Invade Scotland Now they draw to Arms on both sides the Governour marches with his Army to Carlile where he pitched his Camp upon the River Esk this struck great Terror to the Citizens of Carlile who offered him divers presents for their safety of the Town which were rejected but the Nobility refusing to go upon English ground suspecting that the Governour only played the Game of the French he was forced to come to a Truce However the Governour resolving to be revenged upon England went to France where he obtained from the King Three Thousand Pikes and One Thousand Lances with which he returned home and having raised an Army with them he Marches to England and Besieges Wark but is Repulsed whereupon much against his will a Truce for some Months is concluded on Soon after the Administration of the Government was put upon the Prince himself the Thirteenth Year of his age the Governour returning to France after which he never returned to Scotland A Parliament is called wherein a Peace is concluded with England and eight Lords appointed to have the Custody of the Kings Person quarterly Embassadors were sent to England to treat for a Marriage between the King and the King of Englands Daughter which came to nothing The State began of New to be tossed with the troublesom factions of the Queen and the Earl of Angus the Queens Faction accused Angus of High Treason for detaining the King against his will to which the Earl moved the King to give an answer shewing that he was not kept against his will But with all sent another Letter secretly desiring by any means he might be removed from the Earl upon this advertisment the Queen and they of her Faction Assemble what Forces they could raise and with great expedition marched from Sterling to Edenburgh The Earl of Angus with the Citizens of Edenburgh and the King though against his will Marched out against them when the Leaders of the Queens Forces understood that the King himself was in Person in the advers Army they would advance no farther but retired back again to Sterling where they Disbanded and returned every man to his own dwelling place presently after the Queen sues for a Divorce from the Earl of Angus which the Archbishop of S. Andrews granted with the Earls own consent The King wearied of his confinement in the Earl of Angus his custody consults with the Lord of Buccleugh and some Borderers how he might be set at Liberty they Essayed it by Arms at Melross but were put to the worst then the Earl of Lenox undertook it and raised some Forces for that end but the Earl of Angus having gotten the assistance of the Earl of Arran with several others quite routed him near Costerphin where he was killed in cold Blood Now the Earl of Angus thinks himself secure enough having put all things in as he thought to rights he takes a progress to Lothian leaving the King at Faulkland Now the King amidst his Solitary walks in his Park bethinks himself what a fair oportunity he had resolved to essay by stratagem what the Factions of his Nobles could not perform by Force thereupon he directeth the Forester of the Park to advertise such Gentlemen about as kept Hounds to attend him next Morning for he would have his Sport early he Suppeth sooner then he used Commanding all to their rest the waiters all shifted and the Court hush'd shutting his Camber door in the Apparel of one of his Grooms unperceived he passed the Guards to the stable where with two who attended him with ready Horses he posted to Sterline where many of the Nobility and Gentry flocking to him he discharged the Earl of Angus from all Publick Offices whereat he was so exasperated that he and his Friends followed very extravagant Courses but the King pursued them so that after much misery at home they were constrained to fly into England where they were Charitably received and Honourably entertained by King Henry The next year the King visited the Borders holding Justice Courts and executing Justice upon all Oppressors Thieves and Out-Laws there in Ewsdale He caused eight and twenty famous Robbers to be Hanged others he brought with him to Edenburgh for more publick Execution and Example yet the Borders were nothing the more Peaceable for by the means of the Earl of Angus the English make daily Incursions and Spoiles the Country the Scots likewise serving the English with the same Sauce till at last by the Mediation of the French King a Peace is concluded on during the Princes Lives and one Year after the Decease of him who should Dye first About this time the Pope's Power began to Totter in England King Henry having renounced all Subjection to him because he would not Grant him a Divorce from his Queen Katharine who had been before Married to his Brother Prince Arthur and then by a Dispensation from the Pope to him The Pope finding King Henry peremptory in his purpose did together with the Emperor deal with King James to make War with England and to this end sent an Ambassador privately to Scotland King Henry went on with his Affairs in England and Executed John Fisher Bishop of Rochester for asserting the Pope's Supremacy in England Upon this the whole Conclave stirr'd up the Pope against King Henry wherefore he sent another Ambassador to Scotland most invectively Exclaiming against the King of England's Cruelty and humbly desiring King James's assistance against him King James to try his Uncle's Mind send an Ambassador to England to acquaint him with the Emperors and Popes Embassage King Henry presently dispatched William Lord Howard to Scotland who made such hasty Journeys that he prevented the News of his coming he found the King at Sterline a part of

the mean time the Queen was conveyed out of Lochlavin by George Douglass the Governours Brother my Lord Seaton and divers of the House of Hamiltone with their dependers waited to receive her and conveyed her to Hamiltoun The Regent being at Glasgow draws together what men he could so suddenly command and with them Marches to Langsidemoor where it was Fought most Briskly but the Queen though being more in number was worsted after which she lost all courage never resting till she was in England The Regent returned Victor and destributed the Spoyl among his Friends and Dependants The Queen of England sends Ambassadors to the Regent desiring him to send Commissioners to her to give her a reason of their thus proceeding against their Queen upon which he himself went to Berwick for that purpose After long reasoning they parted without concluding any thing The Regent returning home did not sit long Idle for the Earl of Hamilton pretending a right to the Regency conveins his friends at Glasgow the Regent presently went against him He finding himself disappointed of many that he expected to come to his Assistance submitted himself and is made prisoner Queen Mary being by the Queen of Englands order conveyed to Carlisle The Duke of Norfolk in hopes to get her in Marriage became mighty forward to procure her liberation which made Queen Elizabeth begin to grow jealous of him whereupon he is committed to the Tower a Conspiracy being discovered which he managed for relievving the Queen of Scots The Regent having brought things to some order at home the Hamiltons seeing it impossible for them now to contend with him Killed him most Treacherously and Basely as he was passing through Lithgow having shot him with a Hakbut out at a Window January the 22 d. 1569. About three Months after Lennox the Kings Grandfather is chosen Regent Hamilton being by all refused he marches with 5000 to Lithgow to suppress the Queens Faction they intended to call a Parliament there great Confusion follows over all the Kingdom A Parliament being summoned by the Regent at Sterling they began to reform abuses which are very many but they thinking themselves secure took no care to keep Guards Whereupon one George Bell marches from Edenburgh in the Night time as guid to the Earl of Huntly he commanded five hundred men they surprised them all in their Beds some escaped and others were taken Prisoners but the Regent himself was killed in the Tumult Those who were for the King chose the Earl of Mar Regent about this time the Duke of Norfolk was arraigned and found guilty of Complotting with Queen Mary against Queen Elizabeth and within four Months after had his Head chopt off upon Tower-Hill where he confessed all the indictment Mar about a year after being chosen Regent dyes at Sterline to succeed whom Mortoon was without controversie Elected The King was committed to the keeping of Alexander Arskine and Mr. George Buchanan made his Tutor none of the Queens Party being permitted to come near him The Factious had by this time become very unnatural the Mother against the Son and the Son against the Mother Edenburg Castle which Kirkaldie of Grange kept for the Queen is besieged and taken by the Regent and the Governour with his Brother Hanged The Regent proud of his Success began to be somewhat extravagant which was a forerunner of his downfall which his Enemies improved to his disadvantage Whereupon he is deposed The King seeing that things were turning from bad to worse took the Scepter in his own Hand having the Assistance of twelve Noblemen whereof M●rtoun was one A Parliament soon after is called at Edingburgh where the King appeared to his People being yet but twelve years Old In this Parliament was ratified that Confession of Faith inserted in the late Test in Scotland Anno Dom. 1582. Fell out the Road of Ruthwen where the King was Seized by some of his Nobles and carried to Edinburg upon pretence That he was Misled by bad Councils They kept him under a sort of Restraint for above a Year but at last being at St. Andrews he was Relieved by Collonel Stewart Captain of the Castle for as the King had entred the Gate the Collonel presently shuts it and by this means shuts out the company that attended the King Soon after many of them are Imprisoned but all obtain a Pardon except the Earl of Goury who was Arraigned Condemned and Executed Anno Dom. 1584. About which time there is a Plot discovered in England to set the Queen of Scots at Liberty in which the Lord Pag●t Throgmorton and others were concerned who accordingly suffered for it But the Suspition of all reflected upon Queen Mary which hastened her ruine Whereupon she was removed from her Fifteen Years Imprisonment under the Earl of Shrewsberry to Sir Amias Pawlet and Sir Drew Drury in Fothrengam Castle on purpose to put her upon extremities of Redress against their extream Imprisoning Whereupon she deals with the Pope and Spain to hasten the means of her Relief but it proved the hastening of her destruction The Council of England after long deliberation what to do with Queen Mary at last resolved to proceed against her upon Act 27. Eliz. Against Plotters or Contrivers of the Queens Death To which purpose a Commission under the Great Seal issued out Impowering twenty-four Noble-Men and others therein who came to the Castle the 11th of Octob. 1536. to Try her The manner of her Tryal was thus A Chair of State was set as for the Queen of England at the upper end of the Presence Chamber Beneath against it was placed a Chair for the Queen of Scots close to the Walls on both sides of the Cloath of Estate seats were made for the Lords next to these were the Knights Privy Councellors Forward before the Earls sate the two Chief Justices and on the other side other two Justices At a Table in the midst sate the Attorney General the Solicitor a Sergeant at Law the Clerk of the Crown and two Notaries The Inditement being read she declined their Jurisdiction being a free Princess and not a Subject to the Crown of England to which it was Answered That her declinator was in vain for whosoever offends the Laws of England in England must be subject to the same and accordingly examined and Judged So they proceeded to examine the Evidence and after a long Tryal and much spoken on both sides she is found guilty Not many dayes after a Parliament was called wherein Queen Elizabeth was besought that the Sentence against the Queen of Scots might be put in Execution The Queen desired that some other methods might be consulted for safely and that poor distressed Queen spared but they answer What no other satisfaction Whereupon the Sentence was Proclaimed throughout London and all the Kingdom King James hearing of his Mothers condition writ several Letters to Queen Elizabeth passionately desiring that the Sentence might be reversed but all to no

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

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

given to Pastimes especially Hunting he is said to have made several Laws about Hunting which the Ancient Scots observe to this day he dyed peaceably the 28. year of his Reign 5. Dornadilles eldest Son being yet a Child and not fit to Govern the People set Hothat his Brother upon the Throne in the year of the World 3738. before Christ 233 after the beginning of the Reign 98. He proved a monstrous Tyrant taking Pleasure in nothing more than in murthering his Nobility and destroying his People by all the means that he could devise till at last one Dowall a Gallaway man having gathered together a Company of disaffected Persons came boldly to the King telling him how grievous his Government was to the People because of his Oppression and therefore desired him to resign the Crown which he was unfit to wear to such as had a better Title to it the King tho' surprized by his Enemy yet no ways daunted told him that whatever was done by him during his Government was done by Royal Authority and if it was grievous to the Subjects they had their own obstinacy to blame for it hereupon Dowall presently fell upon and killed him after he had Reigned twenty years 6. Rewther the Son of Dornadilles was by Dowals Faction made King without the Peoples Consent in the year of the World 3758. before Christ 213. after the Reign 118. the Nobles took this very ill And as for Hothat tho' they knew that he deserved the worst kind of Death yet they did not approve of this Fact as being of bad Example they knew also that what Dowal did was for his own ends as afterward appeared Hothat's Relations taking the advantage of the Peoples dissatisfaction stirred them up by all means to make War upon Dowall at length they draw to Arms under the Command of Ferguhort Hothat's Son-in-Law and Captain of Kintire and Lorn Dowall came against them with great Power accompanied with the young King the King of Picts and many others of his Friends There followed a most cruel Battel where after two several Engagements in one day Dowall was utterly defeated himself the King of Picts together with all the chief of the Claws were killed upon the place Reuther the young King was pursued and taken at the Castle of Callender but very civilly used The consequences of this unhappy day were most fatal both to Scots and Picts not having Men enough left alive to inhabit the Realm or to withstand their Enemies upon which the Brittons took occasion to invade them but they no wise being in Case to resist them after several bloody Skirmishes were forced to betake them to the Mountains the King of Scots went into Ireland and the King of Picts to Orkney whereafter twelve years Misery they resolved once more to try their Fortune and returning home the one from Ireland the other from Orkney they joyned Battle with their old Enemies the conflict was so terrible that none of the parties could boast much of the Victory However the up-shot of the matter was a Peace was concluded and the Scots and Picts re-installed in their old Possessions This King dyed in the twenty six year of his Reign having left one Son begotten by Gethus the King of Picts his Daughter 7. But he being young and not fit to Reign being scarcely ten years of age Reutha his Fathers Brother succeeded in the year of the World 3784. before Christ 187. after the beginning of the Reign 144. he instituted divers Laws which are in Force among the old Inhabitants to this day and having Reigned seventeen years with great applause either for his want of Health or Love of Solitariness or for fear of Thereus Reuthers Son whom he knew to have an itching after the Crown he resigned 8. Thereus succeeded in the year of the World 3799. before Christ 171. after the Reign 158. The first six months he Governed pretty moderately but he suddenly brake loose giving reins to all kinds of of wickedness causing Slanders and Calumnies to be raised against his Nobles and under this pretence cruelly Murthering them but at last the people not able to endure his Tyranny degraded him of all his Honours Covan Captain of the Brigants was made Governor who Governed very wisely about the space of eleven years at which time being informed that Thereus had dyed at York he resigned the Government 9. Josina the Kings Brother succeeded to the Crown the year of the World 3818. before Christ 161. after the Reign 170. He was a peacable and good King it is observed of him that he highly esteemed Physitians being himself very expert in that Science whence it came to pass that for many Ages after the Heads of Families and Men of worth were for the most part excellent Physitians He dyed in a good Age after he had Reigned twenty four years 10. To him succeeded his Son Finnan in the year of the World 3834. before Christ 137. after the Reign 194. This Prince followed his Fathers Foot-steps he studied nothing more than to gain the Hearts of his Subjects and to maintain his Royal Dignity more with Clemency than Force That he might prove an effectual Enemy to Tyranny he made a Law that Kings should command nothing of great weight in the state without Advice of their Parliament he dyed the thirtieth year of his Reign 11. Durstius his Son succeeded Finnan A. M. 3864. before Christ 107. after the Reign 224. A Flagitious and wicked Tyrant he banished his Fathers Friends from the presence because they advised him to leave off his lewd Courses Having prostituted his Wife who was Daughter to the King of the Brittons to his Companions he repudeated her But soon after it was discovered that he was carrying on a Conspiracy against his Nobles and knowing that he could have no shelter either at home or abroad having been so cruel he feigned a sincere Repentance of his former wickedness calling home his Queen promising by Oath to his Nobles that he would no longer follow his Irregular Courses which they readily believing forgot all former Injuries but not long after having invited them to make them merry with him when he got them all together he caused a Company of Ruffians to fall upon them and Murther them The noise of this heinous Act going all abroad stirred all the People to revenge who killed him in Battle after that he had Reigned nine years 12. It was hotly debated among the Nobles whether the next in Blood to Durstius should succeed some were against it fearing lest the Successor if he were in kin to him might be tempted to revenge the Death Others were for keeping up his ancient Custom according to the Oath sworn to Fergus at length they Condesended upon Ewen Brother to Durstius him they Crowned A. M. 3873. before Christ 98. He is thought to have been the first who caused his Subjects to give him their Oath of fidelity He went with the Picts against the Brittons where