King's Name The present Advocate is Sir John Nubet of Dirlton The Seventh Officer is the Lord Treasurer Deputy who is assistent to the Lord High Treasurer and is a Check upon him and presides in the Exchequer in his absence This Office is executed by Sir Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice general in Criminal causes The present Justice Clerk is Sir Thomas Wallace of Craigie All these have the Title of Lord and the precedency of all under Noblemen and their eldest Sons The Privy Council is chiefly employed about publick Affairs and judges of Riots and any Disturbance given to the Peace of the Kingdom Anciently the Lords of the Session were the King's Council and so are still called the Lords of Council and Session but the Power of the Privy Council has been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with the Privy Council Lawyers do plead the causes of Riots before them and when Sentence is given every Privy Councellour gives his Vote and the major Vote carries it Lords of His Majestie 's Privy Council John Earl of Rothes Chancellour of the Kingdom Lord President of the Privy Council James Lord Archbishop of Saint Andrews his Grace John Duke of Lauderdail his Grace Alexander Lord Archbishop of Glasgow his Grace William Marquess of Douglas John Marquess of Athol Archbald Earl of Argile John Earl of Errol George Earl Marischal William Earl of Morton Alexander Earl of Murray Charles Earl of Mar. Earl of Linlithgow John Earl of Wigton Patrick Earl of Kinghorn Alexander Earl of Kelley David Earl of Weemis James Earl of Airley William Earl of Dundonald George Lord Ross Sir Charles Maitland of Hatton Sir James Dalrymple of Stair Sir John Nisbet of Dirleton Sir Thomas Wallace of Craigie Sir James Fowlis of Collington Sir William Sharp of Stainibill Sir William Scot of Ardross Sir George Kinnaird of Rossie Sir John Wachop of Nidrie Sir Gerge Monro of Culkairn Lieutenant General Thomas Dalyell The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was anciently an ambulatory Court but was settled as it now is by King James the Fifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Councill and Session and a President to whom are added the Lord Chancellour and four extraordinary Lords who are of the chief Nobility The extraordinary Lords have no Salary and are not obliged to attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February they sit from 9 a clock in the Morning till 12 all the days of the Week except Sunday and Monday There is an Outer House and an Inner In the Outer there is a Bench where one of the Senatours sits a Week and all of them except the President have their turns in it who hears all Causes originally and where the Case is clear he gives Sentence But if it be difficult or if either party desires it he reports it to the rest of the Senatours who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge on the Bench there is a Side-Bar to which one of the Judges comes out weekly by turns as in the former and receives and answers all Petitions and Bills The Inner House where all the rest of the Senatours sit is a Court of great State and Order The Senatours sit in a semicircle in Robes under them sit their Clerks who write the most material heads of all that is pleaded at the Bar where the Pleadings are long and very learned When the Senatours have after all the parties are removed reconsidered their Arguments they give their Sentence and the major Vote carries it Their final Sentence determines the business there lying no Appeal from them onely the Parliament as the Supreme Court may review and repeal their Sentence and they are called Decreets from the Latin Decreta Senatours of the Colledge of Justice Sir James Dalrymple of Stair President Sir John Nubet of Dirleton Sir Thomas Wallace of Craigie Sir Charles Maitland of Hatton Sir James Fowlis of Collington Sir Robert Nairn of Strathurd Sir David Nevoy of Nevoy Sir Peter Wederburn of Gosfurd Sir John Baird of Newbyth Sir John Lockart of Castlehill Sir Richard Maitland of Pitrichie Sir David Balfour of Forret Sir Thomas Murray Sir James Fowlis of Sir David Falconar of Newton The Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliaments or of the Customes and Practicks of the Colledge of Justice which are held of no less force then Acts of Parliament and where neither of these contradicts the Civil Law the Roman Law is of force This makes our Lawyers generally great Civilians for they goe either to Leiden Poictiers or Bourges and study the Civil Law in which some are learned to a high degree The Law of Scotland is easie and regular by reason of our Registers which are so full that Titles are much more easily cleared here then can be done where those Registers are not which may appear from the following Instances No man can have a Right to any Estate but by his being seised of it which is done by the delivery of Earth and Stone upon which an Instrument is formed called a Sasine and this must be registred within 60 days otherwise it is of no force by which means all secret Conveyances are cut off for if no Sasine be passed upon them or if these be not put in the publick Registers which every one may search the Conveyance is of no force All Bonds have a Clause in them for inserting them in the publick Registers and they being registred without any farther action by a charge of six days the Debitor must make payment otherwise Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under Outlawry and Rebellion and forfeits to the King his personal Estate and if he continues a year under it the Life-rent of his real Estate in which the Creditor is to be preferred for his interest the rest goes into the Exchequer By the Letters of Caption the party is seised on and put in prison nor is his House a place of security but may be searched for him By the Letters of Poynding the Debitor's Goods may be distrained where-ever they can be found A third Instance to which I shall adde no more is that any
AN APPENDIX TO THE HISTORY OF The Church of Scotland AN APPENDIX TO THE HISTORY OF The Church of Scotland CONTAINING The Succession of the ARCHBISHOPS and BISHOPS in their several Sees from the Reformation of Religion until the year 1676. AS ALSO The several Orders of MONKS and FRIERS c. in Scotland before the Reformation WITH The Foundation of the VNIVERSITIES and COLLEDGES their Benefactours Principals Professours of Divinity and present Masters AND An Account of the GOVERNMENT LAWS and CONSTITVTION of the Kingdom LONDON Printed by E. Flesher for R. Royston Bookseller to the KING 's most Sacred MAJESTY Anno Domini MDCLXXVII THE PREFACE I May be justly ashamed to appear in print near so great an Authour whose Work is received and entertained with such universal Applause that it comes to be reckoned among the Patterns of Historie But many do still complain of one Defect that his Historie being written chiefly for his own Countrie those things that relate to the Constitution and Government there are rather hinted and supposed to be understood then fully opened This has made many desire a clear Account of those things and the Humour of writing the present State of Kingdoms being now common to most Nations many have wished to see the present State of Scotland Therefore the quick Sale of this excellent Historie encouraging the Bookseller to give the World a Fourth Edition of it he was earnest with me to write such an Appendix to it as might adde somewhat to its value and sale He was importunate to find out one who would write a Continuation to it but I knew well that both my Abilities in writing and my Informations were too defective to adventure on such a Work And the Bookseller receiving a full satisfaction to his design in the Memoires of the Duke of Hamilton from which though it be not a full History of all that passed yet it is hoped the World will receive more light about the late Troubles then has been yet published there remained nothing to be done but to give the Succession of the Bishops from the time where the former History ends with the Account of Religious Orders and Houses the Foundations of the Universities and the Learned Men that flourished in them together with the true State of that Kingdom in its Government Laws and Supreme Courts Which I have endeavoured to doe as fully as seemed needfull I did not adventure on so hardy a Work without communicating it to Learned and knowing Persons by whose directions I have now finished these Sheets I have long searched into those things and have used all the endeavours that were possible to get any Mistakes that might have crept in with such a variety of Informations rectified so that I am very confident there are no considerable Errours in matters of fact in the Account that follows I once intended to have published a Collection I have made of the Noble Families in Scotland But hearing there was a Person of Quality ingaged in it who intends to write from very authentical grounds an Account of the Nobility and Gentry of Scotland I have stifled that part of my Collection If my Style or way of writing be not according to what the Reader expects as I need great Allowances for my Defects so I know upon what Disadvantages I appear after such a Grave and Masculine Writer So that as when one comes out of a very lightsom place where his Eyes were filled with Brightness into a darker Room it appears quite dark unto him I have no reason to wonder if after so clear a Light all my Informations look like Night and Darkness THOMAS MIDDLETON I May be justly ashamed to appear in print near so great an Authour whose Work is received and entertained with such universal Applause that it comes to be reckoned among the Patterns of History But many do still complain of one Defect that his History being written chiefly for his own Country those things that relate to the Constitution and Government there are rather hinted and supposed to be understood then fully opened This has made many desire a clear Account of those things and the Humour of writing the present State of Kingdoms being now common to most Nations many have wished to see the present State of Scotland Therefore the quick Sale of this excellent History encouraging the Bookseller to give the World a Fourth Edition of it he was earnest with me to write such an Appendix to it as might adde somewhat to its value and sale He was importunate to find out one who would write a Continuation to it but I knew well that both my Abilities in writing and my Informations were too defective to adventure on such a Work therefore all that I could undertake was onely to give the Succession of the Bishops from the time where the former History ends with the Account of Religious Orders and Houses the Foundations of the Universities and the Learned Men that flourished in them together with the true State of that Kingdom in its Government Laws and Supreme Courts Which I have endeavoured to doe as fully as seemed needfull I did not adventure on so hardy a Work without communicating it to Learned and knowing Persons by whose directions I have now finished these Sheets I have long searched into those things and have used all the endeavours that were possible to get any Mistakes that might have crept in with such a variety of Informations rectified so that I am very confident there are no considerable Errours in matters of fact in the Account that follows If my Style or way of writing be not according to what the Reader expects as I need great Allowances for my Defects so I know upon what disadvantages I appear after such a grave and Masculine Writer So that as when one comes out of a very lightsome place where his Eyes were filled with Brightness into a darker Room it appears quite dark unto him I have no reason to wonder if after so clear a Light all my Informations look like Night and Darkness THE CONTENTS A List of the KINGS NOBILITY ARCH-BISHOPS and BISHOPS of Scotland The First CHAPTER Containeth The Succession of the Archbishops and Bishops in their several Sees from the Reformation of Religion to the year 1676. The Second CHAPTER Containeth The several Orders of Monks and Friers and other Religious persons that were in SCOTLAND with a Catalogue of their Convents and Founders The Third CHAPTER Containeth The Erection of Vniversities the Foundation of Colledges with a Catalogue of the Benefactours Principals Professours of Divinity present Masters and Professours therein and Learned Writers The Fourth CHAPTER Containeth An Account of the Government Laws and Constitution of the Kingdom with a Catalogue of the Peers Shires Burroughs Lords of His Majestie 's Privy Council Senatours of the Colledge of Justice Officers of State c. Whereunto is added A Catalogue of the Lord Chancellours of the Kingdom Writers of the
Scotish History and High Commissioners With A compleat Catalogue of all the Arch-bishops and Bishops AN APPENDIX TO THE HISTORY OF THE Church of Scotland CHAP. I. Containing the Succession of the BISHOPS in their several SEES from the Reformation of Religion to the year 1676. Archbishops of SAINT ANDREWS AFTER that Cardinal David Beaton was murthered in his Castle of Saint Andrews by Normand Leslie and his Complices James Hamilton Duke of Chattelrault Governour of the Realm did nominate his base Brother John Hamilton Abbot of Pasley to the place who thereupon was elected by the Canons and soon after confirmed by Pope Paul the Third who fearing that Scotland would follow the example of England in casting off the Yoak of the Roman See was glad to gratifie the Governour in that particular About this time the Estimation of the Clergy began to decrease because of their corrupt Lives and gross Ignorance which induced divers of that number to relinquish their Order and to make open profession of the Truth multitudes also of Monks and Friers leaving their Cloisters began to exhort the people to renounce the Romish Fopperies and Superstitions and to submit to the Doctrine of Christ every-where crying out against the Corruptions of the Church The Prelates in stead of composing matters calmly took the contrary course exercising great Severity against them and cruelly burning such of the New Religion as they termed it as fell into their hands those who fled they prosecuted with the highest Censures of the Church Burning them in Effigie and Cursing them by Book Bell and Candle But all this Cruelty served to no purpose for the death of Walter Mill who was the last Martyr that suffered for Religion was the very bane of Popery in Scotland mens minds being now wholly alienated from the Clergy and their Consciences convinced that the Doctrine of Jesus Christ did neither allow such cruel Principles nor countenance such bloudy Practices To return then to Archbishop John Hamilton who was attainted of Treason under the Government of the Earl of Murray He lurked a while amongst his Friends in the West of Scotland but finding little security there he betook himself to the strong Castle of Dumbarton whereof the Lord Fleming was then Governour But this Fort beâ—ng negligently kept was afterwards surprised by three Companies of Foot sent thither by the Earl of Lennox then Regent commanded by three Captains Ramsay Crawford and Hume who seising upon the Prisoners sent them to sundry places and the Archbishop with a strong Guard to Striveling where he was publickly hanged on a Gibbet erected for that purpose 1570. He was the onely Bishop that suffered by form of Justice in this Kingdom At this time the Rents of this Bishoprick were by the Regent conferred upon the Earl of Morton for some years as a recompence of his great charges in his Embassy to England That Earl that he might enjoy them legally made choice of John Douglas Provost of the New Colledge of Saint Andrews before a Carmelite Frier and Chaplain to the Earl of Argile to be Titular Bishop who was with much opposition of the Presbytery for at that time there was no Chapter admitted and installed 1572. This Bishop sate little above two years and died at Saint Andrews 1575. After his death the Earl of Morton then Regent did prefer Patrick Adamson his Chaplain to the Bishoprick of Saint Andrews This Bishop was sorely vexed by those of the Kirk-party who prosecuted him with the highest Censures of their Church and excommunicated him very informally for not submitting to their Judicatory but the business was afterwards compounded and the Bishop relaxed He was a man of great Learning but an ill Administratour of the Churche's Patrimony He sate fifteen years and died at Saint Andrews 1591. Hereupon the See continued void and the Profits thereof were by King James the Sixth bestowed on the Duke of Lennox till the Parliament 1606. wherein the Temporalties of Bishopricks in former times annexed to the Crown were restored the want of which had rendered the Bishops of unserviceable both to Church and State About this time George Gladstanes Bishop of Cathnes was translated to Saint Andrews a man of ready utterance and of great invention but of an easie nature as appears by his being induced so easily to lease out his Benefice for so many Ages to come to the great detriment of his Successours But in this he was not singular for the rest of the Clergy both Papists and Protestants did let Leases of their Benefices to their Friends and others for Hundreds of years and that for a pitifull pittance Which Extravagancy was afterwards restrained by the wisedom of King James when he was of age for he enacted That Bishops should let Leases for nineteen years Rectours c. for their Life-time and three years and other Beneficed persons for their Life-time and three years with consent of their Patrons Bishop Gladstanes governed the See ten years and dying at Saint Andrews 1615. was interred in the South-East Isle of the Parish-Church Upon his death John Spotiswood Archbishop of Glasgow was translated to Saint Andrews who procured to this See whose Rents were almost wholly alienated by his Predecessours the Revenues of the Priory of Saint Andrews then in Lay-hands as also the restauration of three hundred pounds of English money per Annum of a long time swallowed up in the Crown-rents The Office of the Chancellary in the State conferr'd upon him by that Glorious Martyr King CHARLES the First he discharged to the satisfaction of his Royal Master and the Churche's advantage He was a person of rare Endowments and in all things compleatly qualified for his imployment Yet did he not escape the hard measure which other Loyal Subjects afterward 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 days in a good old age and was honourably interred in Westminster-Abby Anno 1639. after he had governed the See twenty four years About this time our long Peace and the Plenty which did accompany it made us wanton our Prosperity puft us up with Pride we were Enemies to our own welfare weary of our present estate too much desirous of Revolutions and greedy of Novelties Our private Discontents begat Jealousies and Animosities which since they could be no longer smothered must needs burst out into a flame We were afraid of we knew not what nothing but the Preservation of Religion must be the Pretext and the Cloak to cover the Knavery which was afterwards acted and notwithstanding the Satisfaction given unto us by the Best of Kings in laying aside the Book of Common-Prayer Book of Canons and High Commission yet still we continued dissatisfied All the Favours conferr'd upon us by the Best of Princes could not ingage us to continue in our Duty and Allegeance to Him All the good fruit we brought forth
was our ingaging in a most desperate and horrible Rebellion such as former Ages could hardly parallel Like Aesop's envious Dog we would neither be at rest our selves nor suffer our Neighbours and such who continued firm in their Allegeance to His Majesty to be at quiet and live in Peace Alas we metamorphosed our plough-shares into swords the Son rose up against the Father Brother against Brother Parishes were divided Shires went into Factions yea the whole Kingdom was divided against it self sheathing the Sword in its own bowels Which way soever we look'd we saw nothing but that which might consume our eyes and grieve our hearts If towards the Church 't was rent by Schism the Bishops and many of the Reverend Clergy were thrust out imprisoned plundered and banished the House of Prayer made in the most literal sense a Den of Thieves If towards the State we saw the Anointed of the Lord imprisoned arraigned and under colour of Justice most barbarously murthered by those who slew him like the Heir in the Gospel that they might seise on his Inheritance Alas when Church and State were come to this pass the case of the poor Land must needs be deplorable We saw the Loyal Subjects under the names of Malignants Traitours and Rebels imprisoned banished and miserably butchered their Estates and Lands forfeited and sold their Houses garrisoned plundered and burnt and their Posterity almost reduced to poverty and misery Alas how quickly did our after-games of Loyalty vanish through our own Divisions Was there any possibility of prospering so long as we continued Traitours to our selves When we had almost ruined our selves by our own intestine Divisions we became a Prey to a Tyrannical Crue of Usurpers and to compleat our Miseries our Estates our Friends yea our very Consciences groaned under the grievous burthen of that insupportable Yoak which our own Sins had prepared and other mens Sins had put on Nine years did we groan under the Tyranny of these Usurpers till it pleased Almighty God to remember us in mercy and to free us from the House of bondage blessing us after so many Calamities and Miseries with Peace by the miraculous Restauration of our most Sacred Sovereign to the Throne of His Ancestours whom God long preserve for the Good of this Church and Kingdom Now the face of Affairs began to change and His Majesty that He might settle the Kingdom summoned his First Parliament to meet at Edinburgh January the first 1661. giving a Commission under the Great Seal to John Earl of Middleton to represent His Person therein In the First Session the Solemn League and Covenant was condemned as an unlawfull and wicked Oath imposed on the Subjects by a prevailing Faction contrary to Authority the pretended Triennial Parliaments from 1640. to 1649. with the Assembly of Glasgow 1638 c. were annulled the unjust Transactions at Newcastle 1646. and 1647. condemned Duke Hamilton's Ingagement 1648. approved the pretended Forfeitures of the Marquesses of Huntly and Montross the Earl of Forth Barons of Glengarey Haddo Dunerub Delgaty Harthill and others who had suffered for their Loyalty and all Acts made in prejudice of Lawfull Authority were rescinded In the Second Session the Hierarchy was restored which had suffered an Eclipse for twenty four years Dr. James Sharp Professour of Divinity at Saint Andrews who had been Professour of Philosophy in Saint Leonard's Colledge was preferred Archbishop of Saint Andrews Primate and Metropolitan of Scotland who now governs the See The present Chapter of Saint Andrews the old one being dissolved with the Priory in the time of the Reformation had its beginning Anno 1606. by Act of Parliament and consists of the persons following The Prior of Portmollock Dean The Archdeacon of Saint Andrews The Vicar of Saint Andrews Couper Craill Dysert Kircaldy Pittenweem Lewchars Kinkell Dearsie Fordun Kennoway Merkinch Abercromby Forgund Fowlis Rossie Balmerino Longforgund The Vicar of Eglisgreig and others to the number of twenty four The Cathedral which was an ancient and magnificent Fabrick was demolished with the Priory since which time the Parish-Church serves for one The Diocese of Saint Andrews contains the whole Country of Fife part of Perthshire and part of Angus and Mernis The Coat of Arms belonging to the Archiepiscopal See of Saint Andrews is Saphir a Saltier being the Cross of Saint Andrew the Apostle Pearl Bishops of EDINBVRGH THE Bishoprick of Edinburgh was founded by King CHARLES the First of glorious Memory about the year 1633. and by him amply endowed The first Bishop thereof was William Forbes Doctour of Divinity one of the Preachers in Edinburgh before Principal of the Marischal Colledge of Aberdene a very worthy Person His Works shew him to have been a man of vast Learning and sound Judgment He sate but a little while and died at Edinburgh about the year 1634. Upon his death David Lindsay Bishop of Brichen was translated to Edinburgh The Fury of the rude Multitude fell heavy upon this Bishop even to the manifest danger and hazard of his Life upon the first reading of the Book of Common-Prayer in Edinburgh July 1637. He was thrust out with the rest of the Bishops by the Covenanters 1638. George Wishart Doctour of Divinity was upon the Restitution of the Hierarchy Anno 1662. promoted to the Bishoprick of Edinburgh This worthy man was 1638. Preacher at Leith and for his Loyalty had very hard measure from the Covenanters being thrice plundered of all that he had and thrice imprisoned in a filthy stinking Gaol But being delivered from thence he went beyond Sea with the Marquess of Montross 1646. He was a person of great integrity and well seen in History Having in his time seen many Changes and Alterations from better to worse and from worse to better he had his Nunc dimittis in peace at Edinburgh Anno 1670. Upon his death Alexander Young Archdeacon of Saint Andrews was preferred to the Bishoprick of Edinburgh who now governs the See The Cathedral-Church is that of Saint Giles of old a Collegiate Church a vast and magnificent Structure It is at present divided into four Partitions three whereof are allotted to God's publick Worship The Diocese of Edinburgh containeth the Shires of Edinburgh Linlithgow and Berwick the Constabulary of Haddington and Bailiary of Lawderdail Bishops of DVNKELD AFter the death of Bishop Robert Creighton James Patton was preferred Bishop of Dunkeld Anno 1572. How long he sate I know not After whose death the Bishoprick had one or two Titulars Lay-men but I cannot recover their Names About the year 1606. James Nicolson Parson of Meigle was preferred to the See To whom succeeded Alexander Lindsay Brother to the Baron of Evelick Rectour of Saint Madoe This Bishop being threatned with the Censures of the Assembly of Glasgow did abjure Episcopacy and submitted to Presbyterian Government 1639 and betook himself to the charge of a particular Parish Anno 1662. George Halyburton Preacher at Perth was preferred to the
Creditor may serve a Writ on his Debitor called Letters of Inhibition by which he can make no Disposition of his Goods or Estate till the party be satisfied and all is null that he does after that if these Letters be returned and registred within 21 days after they are served otherwise they have no force The next Supreme Court is the Justice Court where all Criminals are tried It consisted anciently of a Lord Justice General and a Lord Justice Clerk who was his Assistent The Earls of Argile had this Office by Inheritance but King Charles the First agreed with the Earl of Argile and gave him the hereditary Justiciarship in the High-lands for which he laid down his Pretensions to the other The Justice General is not bound to serve in person but might doe it by Deputies and he commonly named two but the Parliament changed this Anno 1669. and appointed four of the Judges to sit in this Court with the Lord Justice General and the Lord Justice Clerk All Trials 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 tried nor is there any difference between the Trial of a Peer and of a Commoner but that the greater part of the Peers Jury called by the Scotish Law an Assize must be Peers Fifteen make a Jury The Foreman who is called the Chancellour of the Assize gathers and reports their Votes the major Vote determines the matter The present Justice General is the Earl of Murray 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 Assistents called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy carrying 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 those Courts is Edinburgh which has been long the chief Seat of the Government and 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 then the bringing up all their Affairs to Edinburgh Next to these Supreme Courts there are other inferiour Courts And First there are 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 Privileges This began chiefly in Church-Lands for all the Bishops and most of the Abbots had these Regalities granted them some of the ancient and great Peers likewise got the same power bestowed on them but many more have lately got their Lands erected into Regalities The Judge is called the Bailif of the Regality who sits as often as there is cause Most of the Bailifs of the Bishops are so by Inheritance for these were given by the King since a Church-man cannot give a Commission in Causa Sanguinis There are also in all the Shires of Scotland Sheriffs who are the Judges in all matters of Meum and Tuum in Thefts and in all lesser Crimes as likewise in Murthers if the Murtherer be taken in hot bloud as they call it when the person is newly slain But though there lies no Appeal in any Court in this Kingdom 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 it to be brought before themselves Most of the Sheriffs were anciently such 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 Kings of late have thought sit to agree with many of those Sheriffs for their Rights by which it comes to pass that divers of them are now in the King's gift The Sheriffs may either sit and give Judgment themselves or doe it by a Deputy which they most commonly doe except in some greater cases SHIRES or COUNTIES of SCOTLAND and their SHERIFFS SHIRES SHERIFFS The Shire of Edinburgh containeth Middle Lothian Sir Charles Maitland of Hatton The Shire of Berwick containeth Mers The Earl of Hume The Shire of Peeblis containeth Tweeddail The Earl of Tweeddail The Shire of Selkirk containeth the Forrest of Etterick  The Shire of Roxburgh containeth Teviotdail Lidisdail Eskdail Ewsdail c. Duke of Buckleugh The Shire of Dumfreis containeth Nithisdail and Annandail Earl 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 Earl of Dumfreis The Shire of Renfrew containeth the Barony of Renfrew Earl of Eglington The Shire of Lanerick containeth Clidsdail Duke of Hamilton The Shire of Dumbritton containeth Lennox Duke of Lennox The Shire of Bute containeth the Isles of Bute and Arran c. Sir James Stewart of The Shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles as Ila Jura Mull Wyist Terife Coll Lismore c. Earl of Argile The Shire of Perth containeth Athol Goury Glenshee Strath-Ardel Braid Albain Rainach Balwhidder Glenurqhuay Stormont Menteith and Strath-Jern Marquis of Athol The Shire of Striveling lieth on both sides of the River Forth Earl of Mar. The Shire of Linlithgow containeth West Lothian Earl of Calendar The Shire of Clackmannan containeth a small part of Fife lying on the River Forth towards Striveling Sir David Bruce of Clackmannan The Shire of Kinross containeth so much of Fife as lieth between Loch-Leiven and the Ochell Hills Earl of Morton The Shire of Cowper containeth the rest of Fife Earl of Rothes The Shire of Forfar containeth Angus with its pertinents as Glen-Ila Glen-Esk Glen-Prossin c. Earl of South-Esk The Shire of Kincairden containeth Mernis Earl Marischal The Shire of Aberdene containeth Mar with its pertinents as Birse Glen-Taner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land Earl of Dunfermline The Shire of Bamff containeth a small part of Buchan Strath-Dovern Boyn Enzie Strath-Awin and Balveny Sir James Baird of Auchmedden The Shire of Elgin containeth the Eastern part of Murray Robert Dumbar of The Shire of Nairne 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 Sir John Vrqhuart of Cromarty The Shire of Taine containeth the rest of Ross with the Isles of Sky Lewes and Harrigh Earl of Seaforth The Shire of Dornoch containeth Sutherland and Strath-Navern Earl of Sutherland The Shire of Weik containeth Cathnes Earl of Cathnes The Shire of Orkney containeth all the Isles of
Regalia the Lion Herauld with some Heraulds and Pursevants riding before the Honours last of all when the King is present in person rides the Lord Chancellour bearing the Great Seal but this is not done before a Commissioner After these rides the King or His Commissioner with the High Constable who is by Inheritance the Earl of Arroll on his right hand with a white Batton on his hand and the great Marischal who is also by Inheritance the Earl Marischal on his left hand with a silver Batton in his hand If the King be present in person the Marquesses and Dukes ride after the Earls but if His Commissioner onely be there they follow him at some distance At the outward Gate of the Parliament-house they all alight off their horses and the Earl Marischal receives and conducts the King to the inner Gate where he is received by the High Constable and led into the House where the Parliament is held The Throne is raised six steps high with a State over it and there the King or the Commissioner in His absence sits And in the first step under him on a Bench sits the Lord Chancellour with other Officers of State on both hands of him In the next step under these sit the Lords of Session or Judges On the right hand of the Throne is the Bishops Bench that rises up three steps and rows of Benches On the highest the two Archbishops sit and in the lower steps sit the Bishops according to the dignity of their Sees On the left hand of the Throne there is another great Bench of three steps and rows of Benches on which sit the Nobility according to their precedency In the middle of the Floor there are two Tables on the one of them the Regalia are laid and in two great Chairs by them sit the Constable and the Marischal at the other Table sits the Lord Clerk of Registers with his Deputy-Clerks who are the Clerks of the Parliament There are also Fourms placed on the floor those on the right side are for the Commissioners of the Shires and those on the left hand are for the Commissioners of the Burroughs When all are placed the Parliament is fenced as the phrase is in the King's Name Then the King speaks to them if He be present sitting in His Robes with the Crown on His Head all standing up bare-headed but when a Commissioner represents Him he is in an ordinary Sute and stands and speaks also bare-headed nor is the Commissioner covered but when there is pleading at the Bar but continues bare-headed as all the Members are and tells them the reason for which they are called together which is enlarged upon by the Lord Chancellour Then they goe about the chusing of the Lords of the Articles who are Eight for every State who have been chosen in different ways Sometimes the Bishops did chuse the eight Lords of the Nobility and the Nobility eight for the Bishops at other times the Bishops did chuse their own eight and the Nobility their eight but now it is settled by an Act of Parliament that the King or His Commissioner names eight of the Bishops the Lords chuse eight for themselves and those sixteen do chuse eight Commissioners for the Shires and as many Commissioners for the Burroughs These Thirty two are the Committee of Parliament to prepare Matters When a Bill is drawn by them it is brought into the Parliament And anciently all these Bills were brought in the last day of Parliament on which the Members ride in the same State as they do the first day and the Bills being read they were put to the Vote of Parliament and either were approved or not and then being approved were presented to the King who by touching them with the Sceptre gave His Assent to them which also is done by His Commissioner in His absence if he refused to touch them they were of no force But of late times matters have been at full length and freely debated in Parliament They sit all in one House and every one answers distinctly to his Name and gives his Vote which is in these Terms I approve or not onely those who are not satisfied one way or another say Non liquet which is a great ease to those who are consciencious and a common refuge to the cunning Politician the major Vote carries it No Dissents or Protests are allowed in publick Acts but are accounted treasonable but in private Acts that relate to mens Properties and Rights any one may protest for his Interest After all business is ended the King or His Commissioner makes a Speech to them and dissolves them A Convention of Estates is made up of the same Members that constitute a Parliament but can make no Laws onely that can lay Impositions on the Subjects they do not sit in state and have been most used before the Kings were Crowned The Lord Chancellour is President in both these Courts and the Votes are taken and numbered by the Clerk of Registers And whatever Acts are passed in Parliament or Convention are to be proclaimed soon after their Dissolution at the publick Mercat-Cross of Edinburgh by the Lion Herauld who is at present Sir Charles Erskin of Cambo with a great deal of state and Ceremony after which they are obligatory on the Subjects And so much for the Parlaiment and the Three Estates whose Authority is supreme and it is Enacted that none of the Lieges shall presume to impugn the Dignity and Authority of the Three Estates or to seek or procure the Innovation or Diminution of the Power and Authority of the same Three Estates or any of them in time coming under the pain of Treason The Government of the Kingdom being wholly in the Crown the King administers it by His Officers of State and Privy Council The Officers of State are Eight The First is the Lord Chancellour who is Keeper of the Great Seal and President in all Courts where-ever he is except in the Exchequer This Office is now in the person of the Right Honourable John Leslie Earl of Rothes The Second Officer is the Lord High Treasurer who governs the Revenue and presides in the Exchequer This Office is now in Commission The Third Officer is the Lord Privie Seal who is at present the Marquess of Athol These three take place of all the Nobility The Fourth Officer is the Lord Secretary who keeps the Signet and is a Lord by his Office and takes place of all of his rank The Office of Secretary is executed by his Grace the Duke of Lauderdail The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and names all the Clerks of Parliament and Session and the Keepers of publick Registers The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in Causes in which the King is concerned and in those he pleads in the