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A51571 ScotiƦ indiculum, or, The present state of Scotland together with divers reflections upon the antient state thereof / by A.M. philopatris. A. M. (Alexander Mudie) 1682 (1682) Wing M3038; ESTC R16016 67,555 300

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Royal Palace of St. James's over which house the same day at noon was seen by thousands a Star and soon after the Sun suffered an Eclipse a sad presage as some then divined that this Princes power should for some time be Eclipsed as it hath been and some Subject signified by a Star should have extraordinary splendor Baptized Was Christened the 27th of June following by the then Bishop of London Dr. Laud. Had for his Godfathers his two Uncles Lewis the 13th King of France and Frederick Prince Palatine of the Rhein then called King of Bohemia represented by the Duke of Richmond and Marquis of Hamilton His Godmother being then the Queen Mother of France represented by the Dutchess of Richmond Had for Governess Mary Countess of Dorset In May 1633. he was first Knighted and immediately after he was made Knight of the Garter and installed at Windsor Education At the Age of Eight he had for Governour the Earl afterwards Marquis now Duke of Newcastle and after him the Late Earl of Barkshire and for Tutor or Praeceptor Dr. Duppa then Dean of Christ Church after Bishop of Salisbury and lately of Winchester At the Age of Twelve was with the King his Father at the Battel of Edge Hill and soon after at Oxford was committed to the care of the Marquis of Hertford About Fourteen years old was in the Head of an Army in the West of England At the Age of Fifteen a Marriage was proposed between him and the Eldest Daughter of the King of Portugal the Infanta Joanna since deceased Two years after was from Cornwal transported to the Isle of Scilly and after to Jersey and thence to his Royal Mother to St. Germains near Paris At this time the Parliament in England being at variance with the King A little time after he was at Sea with some Naval Forces endeavouring to rescue the King his Father then in the Isle of Wight out of the wicked hands of his Rebellious Subjects Not many months after upon the sad news of the horrid Murther of his Royal Father he was in Holland first saluted King and soon after proclaimed in Scotland being not yet nineteen years of Age. At the Age of Twenty from Holland he landed in Scotland June 1650. and in January following to the joy of His Loyal Subjects there he was Crowned at Scoone the place where his Ancestors had been Crowned At his Coronation there was this Solemnity A Reverend and Learned Divine Mr. Robert Douglass preaching a Sermon concerning the Dignity and Honour due to Kings all the Nobility being present he was invested with the Regalia The Crown being put upon his Royal Head he was by the joyful Acclamations of his people saluted King all of them present with one voice crying out God save the King God save the King God save the King These precise times not allowing the ordinary Rites of Coronation The third of September 1651. fought the Battel of Worcester whence after the unfortunate loss of his whole Army wandring in disguise about England for six weeks and most wonderfully preserved he was at length transported from a Creek near Shoram in Sussex to Feccam near Havre de Grace in France in which Kingdom with his Royal Brothers and divers Scotish and English Nobility Cle●gy and Gentry he was for some years received and treated as King of Scotland and England Afterwards he passed his time in Germany Flanders and Spain in the studies and exercises most befitting a Prince until the year 1660. at which time being at Brussels in the Spanish Territories perceiving a general inclination of his Subjects in England to receive him he providently removed himself to Breda within the Dominions of the United Provinces in the Netherlands and thence in May to the Hague After a little abode there by the humble invitation of his Scotish and English Subjects he imbarked at Scheveling the 23 of May 1660. and with a gallant Fleet and gentle gale of wind landed the 25th at Dover and on the 29th following being his Birth-day and then just 30 years of Age he entered into London being attended with most of the Nobility and Gentry of the Three Kingdoms where he was received with the greatest and most universal Joy and Acclamations and Magnificence that could possibly be expressed And on the 23d of April 1661. was Crowned with great Solemnity Ceremony at Westminster His Majesties life hath been full of wonders But three passages especially seem miraculous First at his Birth a bright Star seen over him at Noon-day by many thousands Secondly His escape in and after the Battel of Worcester when being in the very heart of England forsaken by all a summ of money by publick Act promised to those that should discover him and penalty of High Treason to any one that should conceal him when he was seen and known by many persons of all sorts and conditions whereof divers were very indigent and so very subject to be tempted with the proposed Reward and divers of the Female Sex and so most unapt to retain a secret When he was necessitated to wait so many weeks and appear in so many places and companies before a fit opportunity of Transportation could be found Thirdly His Majesties Restauration quippe impossibile fuit filium tot precationum tot lacrymarum tot miraculorum periisse that after so many years dispossession his most inve●erate potent subtle enemies in full and quiet possession on a sudden the desire of him should like Lightning or a mighty Torrent run over his Kingdoms in such a manner that he should be solemnly invited magnificently conducted and triumphantly received without blood blows bargain or any obligation to any Forein Prince or Potentate This was the Lord's doing and must for ever be marvellous in our eyes Justly might the Great Turk hearing of His Majesties Restauration declare if he were to change his Religion he would adore and worship the God of the King of Great Britain Of His Sacred Person of His Life and Safety the Laws of Scotland are so tender that it is High Treason only to imagine or intend the Death of the King And because by imagining or conspiring the Death of the King's Counsellors or great Officers of his Houshold the destruction of the King might ensue the Law hath provided they should be punished with Death The King's Person is in so high an esteem that to offend against those persons that represent the King as to kill some of the Crown Officers or the King's Judges or to counterfeit the King's Seal or his Moneys is made High Treason because by all these the King's Person is represented and High Treason is so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal His ●●irs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them The Law by no means will suffer an Idiot or Lunatick to go
Campo-bello or Campbell Turgot Prior of Durham and B. of St. Andrews wrote the Lives of King Malcolm Canmoir and of his Queen Margaret Liber Sconae a Chronicle written by the Monks of Scoone Liber Pasletensis The Black Book of Paislay a Chronicle written by the Monks of Paislay Liber Pluscartensis a Chronicle written by the Monks of Pluscardy One Blind Henry wrote the History of Sir William Wallace in Scottish Meeter John Barbour Archdeacon of Aberdeen did write the Life of King Robert Bruce in Scottish Meeter John Major Provost of St. Salvator's Colledge in St. Andrews wrote the History of the Nation William Elphinstone B. of Aberdeen wrote a Treatise of the Scottish Antiquities Hector Boeth or Boyes Principal of the King's Colledge of Aberdeen wrote the History of the Nation till the Reign of King James the First continued till the Reign of King James the Sixth by John Ferrerius a Piemontoise a Monk of Pluscardy John Balenden Archdeacon of Murray did translate Boyes History into English George Buchanan Praeceptor to King James the Sixth wrote the History of the Nation till the year 1572. Robert Johnstone wrote a Continuation of the Scottish History from the year 1572. till the year 1624. in Latine Folio John Leslie Bishop of Ross wrote the History of the Nation till the year 138 Raphael Holinshed wrote the History of the Nation till the Reign of King James the Sixth continued by Francis Thin Will. Cambden wrote a Description of the Kingdom John Dempster wrote an Introduction to the Scottish History David Chalmer wrote a Treatise of the Scottish Saints David Hume of Godscroft did write the History of the Earls of Douglass and Angus William Drummond of Hawthornden did write the Lives of the Five King James's William Sanderson wrote the Lives of Queen Mary King James the Sixth and King Charles the First John Spotiswood Archbishop of St. Andrews did write the History of the Church of Scotland from the first Plantation of the Christian Faith therein till the Death of King James the Sixth The Office of the Chancellor of State conferred upon him by that glorious Martyr King Charles the First he discharged to the satisfaction of his Royal Master and the advantage of the Church He was a person of rare Ornaments and in all things compleatly qualified for his Imployment yet he did not escape the hard measure which other Loyal Subjects tasted of for by the Covenanters he was forced to retire into England where he met with entertainment more suitable to his worth He ended his daies in a good old Age and was honourably Interred in Westminster Abby Anno 1639. after he had governed the See twenty four years George Wishart Dr. of Divinity and Bishop of Edinburgh did write the Actions of James Marquess of Montross Robert Gordon of Stralogh did write the Theatrum Scotiae being a description of the whole Kingdom with the Maps of every particular Country Printed by Janson Bleaw at Amsterdam a very excellent work The mercenary Printer did him a double injury first in printing with his Book Buchanan's Seditious Pamphlet De Jure Regni apud Scotos it being sufficiently known that the Author was of no such principle but alwaies Loyal Then in dedicating that work to the Usurper O. Cromwell whereas the Author sent over to the Printer a Dedication of his Book to His most Sacred Majesty at that time Prince of Wales and the Copy of that Dedication written with his own hand is yet in the Custody of his Son the Reverend James Gordon Parson of Rothimay This much was necessary to be said in vindication of that worthy Gentleman who was one of the most Learned persons of the Age he lived in If any think that this Treatise hath not swelled to that bulk that might be expected from an undertaking of this nature having so large a Subject to treat of let this suffice for an Answer that the several calamities that have happened in this Antient Kingdom may justly serve for an Apology when it is to be considered that after the Death of Alexander the Third of that Name King of Scotland and all his Sons which in one years space died of a pestilent Fever which was never before known in this Kingdom his Daughter being Queen of Norway died in the same year who left behind her a Daughter whom after the Death of the King and his Sons the Estates sent for to this effect Two Ambassadors were dispatcht to Norway to take care of the safe conveyance of this Young Lady the only hope the Kingdom relyed on It was not long after these Gentlemen that were sent to Norway returned bringing News that this Lady was dead likewise Consider what fears and sorrows at the hearing of these News did perplex the Subjects of this Kingdom So many deaths falling out in the Royal Family did presage great calamities to ensue For as the Loss of so worthy a King was great so their Fears was no less because of the uncertainty of the Succession Many Competitors six they were in number claiming the Inheritance of the Crown and all of them men of power and friendship It must needs be supposed that they did divide the Realm and so beget a Civil War yet these who were trusted with the management of Affairs during the Inter Reign did by their Mediation work them to a Compromise and to remit the decision of the Controversie to King Edward the First of England a Prince of long Experience and much respected in that time For this purpose divers Gentlemen were sent to King Edward who at that time was in France to inform him of the inconveniencies that were feared to fall out in the Kingdom of Scotland and the course they had taken to prevent the same intreating his help for quieting the State King Edward glad to have an hand in the making of a King in Scotland dimitted them with many kind expressions of his kindness to the Kingdom assigning a Dyet for the Competitors at Norham upon Tweed at which Dyet the King was present at this meeting there was no decision all the Competitors except two to wit John Baliol and Robert Bruce were ordered to cease from their claim Of Baliol and Bruce an Oath was taken that they should abide and stand by the Sentence the King should pronounce The like Oath was taken by the Prelates Nobles and other Commissioners who swore to accept of him for their King that would be tryed to have the best Right and for the greater assurance all their Seals were appended to the Compromise Five years and some more were spent before the Controversie was brought to an end At last K. Edw. returned to Berwick and calling the Twenty Four to whom the important Affairs were committed they were shut up in the Church there to debate the Matter none being permitted to have access unto them he himself now and then went in to know how their proceedings went and perceiving the greater part
in the fatal Marble ●hair the Year from the Creation of the World 3641. before the Coming of Christ 330. the first year of the 112 Olympiad in the year 421. after the Building of Rome about the beginning of the fourth Monarchy when Alexander the Great vanquished Darius the last Monarch of Persia in the Reign of King Chimarus King of Brittans Some conjecture that Scotland had its name from Scoti or Scitty or Scythy from a People of Germany over whose Northern Limits the name of Scythia did extend of the truth of this there is no manner of ground in History ●lim Edinburgh is scituated between the degrees of Latitude 56 d. 2 m. of Longitude 3 d. 0 m. from London West longest day 17 hours 27 minutes Aberdeen 57 d. 10 m. of Latitude 2 d. 20 m. Longitude the most Northerly part of Scotland is Dunsby head whose Latitude is 58 d. 5 minutes The longest day in the most Northern part in this place is 18 h. 8 m. Dimensions It is in length about 480 miles it is of a much disproportionable breadth there being no place 60 miles distant from the Sea Division The Country is divided according to the Inhabitants into High-land and Low-land The People of the former live upon the Western Coast of Scotland or in some out Islands being a hardy People much inclinable to War who are in a continual readiness whenever commanded by their Chief as they love to call the most eminent Persons of their name or Clanne Their weapons are commonly Bow and Arrows a people that can endure all the hardships of War being bred to all manner of cunning in relation thereunto not much trusted by the Low-landers Their Chiefs have a great Authority over them they pay little or no Rent for the Lands they hold being obliged when their Chief calls them to be upon all occasions at his service It was the custom when any of the Chiefs of these Clanns came to Edinburgh they were attended with a numerous Train of these their Vassals which appearing mutinous was forbidden by an Act of Council These Gentlemen being allow'd to have the Attendants of their Menial Servants only They espouse the quarrel of their Master being much given to revenge and it is observable that for some generations the private quarrels of one Family against another hath been pursued with such vigour even almost to the ruine of both Parties The names of these Clanns are M ck Donald M ck Naughtoune M ck Cleane c. which reckon their Families to be of a very old standing in the Kingdom by several Generals some of seven hundred years and upwards and others more The Low-landers bordering on the East have much of the disposition and civility of other Countries their Language like the English and in their Habit according to the Fashions from France Again Scotland according to the Scituation of its Parts or Provinces may be divided into two parts To witt Southwards of the River Tay which made the Antient Kingdom of the Picts and Eastwards and Northwards of the River Tay which made the Antient Kingdom of the Scots besides abundance of little Islands lying round about According to its Ecclesiastical Government it is divided into two Provinces viz. St. Andrews and Glascow these two Provinces into several Diocesses It was long after the Christian Religion was received in Scotland that the Ecclesiastical Government was thus divided For more full satisfaction of the Affairs of the Church the inquisitive Reader may consult the most Reverend Archbishop Spotiswood in his History of the Church of Scotland The Christian Religion in the Year of our Lord 203. which was the fourth year of Donald the first was publickly established the King with his Queen and many of the Nobility being then baptized several years before this publick manifestation many people were converted to the Christian Faith Tertullian who liv'd some years before the Coronation of this King speaking of the Propagations of the Gospel throughout the whole World doth reckon among other Countries the Parts of Britanny unto which the Romans could not find access And what these Parts were are no doubt that little corner of the Island which the Scots did inhabit all the Inland of Britanny being subject to the Romans There be Authors of no small credit who transmit to posterity that St. Paul after his Imprisonment at Rome did visit this Island and did Preach the Gospel in the utmost parts thereof Nicephorus writeth that Simon Zelotes after he had travelled through Egypt Cyrene Africk Mauritania and Lybia came at last ad occidentalem oceanum insulasque Britannicas and there Preached the Gospel Dorotheus addeth that he was Crucified in these parts Others write as if Pope Victor did send Preachers as first promulgers of the Gospel but this is not very probable being this Church was not fashioned like to that of Rome in its rites especially in the observation of Easter These foregoing opinions are not grounded upon the surest testimonies of History the writers of most credit give place to this conjecture That when the Apostle St. John was banish'd into the Isle Pathmos some of his Disciples took their refuge hither and were the first Preachers of the Gospel The more sober are inclinable to give credit to this because in that contention moved about Easter the Christians here for some two hundred years after did retain the custom of the Oriental Church maintaining this by the Authority of St. John from whom they pleaded to have received the Faith Others are agreed that not long after the Ascension of our Lord whilest the Apostle St. John yet lived that the Faith of our Lord was known and embraced in this Kingdom Origen saith that they are to be numbred inter primitias among the first Fruits of the Gentiles gathered unto Christ This made Petrus Cluniacensis call the Scots antiquiores Christianos of greater antiquity than many others Air. The Air is mild and temperate The cold in the Winter towards the North is very sharp but there being a great plenty of Wood and other firing the Inhabitants do not suffer much by it The heat in Summer is less scorching than in some parts of the Continent There is no need of Stoves in Winter nor Grottes in Summer Soil The Soil is very wholsome abounding with Springs and Streams there are some Navigable Rivers very convenient for Trade Towards the North it 's Mountainous yet not wanting fruitful Valleys apt for Grain Corn or Wood. Commodities There is plenty every where of Sheep Oxen and Coneys and in the North of fallow Deer great plenty of Hens Ducks Geese Turkeys and Pigeons Partridges Sea-plover Pewits Woodcocks Snipes Plovers Quails Larks and Herons c. with great plenty of Salmon Trouts Carps and Pikes c. a great abundance of Herrings Oysters Cockles Musles Scate Turbots Freshling and Lobsters c. there is not wanting Apples Pears Plums and Cherries It abounds with Wheat Barley Rye Beans Pease and
THE PRESENT STATE OF SCOTLAND Scotiae Indiculum OR THE Present State OF SCOTLAND Together with divers Reflections Upon the Antient STATE thereof By A. M. Philopatris In Magnis voluisse sat est LONDON Printed for Jonathan Wilkins at the Star in Cheapside next Mercer's Chappel 1682. To the High-born and most Noble Prince Charles Duke of Lenox and Richmond his Grace Earl of Darnley and March Baron of Methwen and Seterington c. and Knight of the most Noble Order of the Garter My Lord THE disadvantages that Dedications have met with of late by reason of the Flatteries that have been contained in them have rendred them suspected of the same inconveniencies although not in the least intended That your Grace may not suffer in this too common a calamity this Ensuing Treatise offers it self to come into the critical Censures of the World under the Auspices of your Graces Protection having the Aid and Countenance of so great and Noble a Personage prefixt may in some manner take off the hard constructions of a great many It is not to be questioned but some will be apt to esteem it an audacious Enterprize to undertake to give an account of the Present State of Scotland a Monarchy so Antient as none in the World can exceed a Government so well Established in Church and State that it seems by serious Reflection that the Laws and Statutes of both are inviolable I say My Lord I may be called into question why so great a Conamen became the Subject of my Studies at this time when so many Learned and sagacious Scholars of that Kingdom have declined so useful an Undertaking To confess ingeniously my thoughts have been perpetually bent to serve my Country in some degree or other whereby I might manifest to the World the respect that is due to so Antient a Kingdom in which by a Lawful and Legitimate Descent of the Crown to this present King being an Independent Monarchy and an Imperial Crown none of the European Kings can hardly equal This Design of serving my Country was much prompted when none yet have published a Treatise apart concerning the constitutions of so well a Governed Kingdom If I shall be so unfortunate as to suffer any way by endeavouring to satisfie the World what my respects are for so well a constituted Government your Grace I hope will interpose for me knowing that no sinister end was proposed My Lord consider how regularly every Officer from the highest to the lowest degree move in the sphere of their Trust being ready to execute the Commands of their Master the King Consider how piously the Church is governed in all things submitting to Lawful Authority consider their Ecclesiastical Discipline that scarce any of the least Enormities in Life or Errours in Judgment can ●scape the severe Execution of the Jurisdiction of the Church These things considered with that due respect they alwaies had and have for their Kings and the Royal Family will kindle in your Grace such esteem for this Kingdom as those have had who were your Predecessors of the great Honours you now enjoy My Lord the Dukes of Lenox of whom your Grace only is the Representative have been great Lovers of their Country which they have testified so demonstrably to the world by the several great Offices they have performed that their memory to this day is in great esteem They had alwaies an immediate Access to their King whom they were pleased to inform of the condition of his Loyal Subjects and often did Patronize the Affairs and Espouse the Interest of His Majesties good Subjects which to this day cannot be forgot Your Grace needs nothing to render your Name famous in this Kingdom being you bear that Honourable Title of Lenox but an inclination to succeed them in such like performances all their Transactions have rendered them and the Successors of their Dignity Honourable in the Kingdom Nature seems to warrant a Prediction of Heroick Actions which begin to appear in your Grace in these your greener years Let then the thoughts of advancing the Interest of this Kingdom become as Dear to your Grace as it was to your Noble Ancestors of the same Dignity that when become a Cedar in the Trust of the Affairs of State you may gain the same Honour that is due to your Titles My Lord The great Trust His Majesty is pleased to commit to his great Officers of State is exceeding honourable and becoming an aspiring Genius most of the Antientest of the Nobility esteeming it a greater honour to have His Majesties Commission for such Offices than to barely enjoy the Dignity of their Honours It may justly merit your Graces consideration that the great Officers of State have been of the prime of the Nobility and have been very faithful in their Trust. It was upon this consideration that I presumed to offer this Treatise to come into the World with your Graces Name prefixt that it might be known that the Family of Lenox is not extinct which is the great prudence of our Prince that so Loyal a Family should not be buried in Oblivion And likewise my design was to give your Gr●●e and the World a Testimony of the Esteem I have for a Representative of that Noble Family who may in all probability acquit himself as becomes one of that Esteem and Dignity This small Treatise may afford your Grace an occasion to divert your self sometimes with the prospect of the things contained in it and thereby make you easie to understand the constitution of the Government and to declare to the World that this Kingdom is not inferiour to any in respect of its Laws and Statutes whereby the King's Prerogatives are great and the Property of the Subject is fully secured by Law the People having great Liberties and Freedoms If this ●n any way can supply your Grace with an Information of the Government of Scotland then I have obtained what I so passionately desired being in all sincerity Your Graccs most humble most obedient and most faithful Servant A. M. TO THE READER IF it were the Custom of the Heroick Spirits of this Age to disapprove every thing that is not the Soboles of their own Brains or the result of their own undertakings then might I justly be discouraged to appear with this small demonstration of my Service to my Country but being otherwaies persuaded of the generous Principles of this Age that nothing which any way tends to the advancing of Knowledge is any manner of way dislikt neither do the Criticisms of the envious hinder the Publication of Books of this nature which was the great encouragement I had to make this Treatise appear in this Juncture The earnest instigations of some friends urged it from my pri●●te retirements which hath ●●en hid for some time If it do not satisfie the inquisitive and curious Reader in every point yet this he may be assured of that any thing that hath escaped my knowledge is not very
Oats as also Butter and Cheese There are likewise wild Ducks wild Geese c. and many sorts of Sea Foul for Raiment there is no want of very fine Wooll for the Country People are cloath'd with freezes fit to defend them in their work from the cold There is likewise plenty of Hemp and Flax as for linnen Cloath it is inferiour to none for its goodness For Building it wants not Stone Slate Alabaster Marble Morter nor Lime For firing Sea Coal or Pit Coal almost every where at reasonable rates and where this is wanting in some places Wood and in others Turfs or Peats Moreover Scotland produceth a great quantity of Tin Lead Copper Allom Salt Hops with several silver Mines it is counted to be richer under ground then above by reason of the Mines which when tryed yield much in their quantities of Ore Coyns As to the Coyns note that 13½ d. sterl makes a Mark or 13 Shil 4 d. Scotish 20 d. sterl is 20 Shil or a Scotish l. and 20 Shil sterl is 18 Scotish Marks Measures and Weights The Measures for length is the Ell and is about 4 per cent greater than the English Ell. The liquid Measures are such as are in England but of a double continent a Pint being almost two English Quarts and a Scotish Quart one English Gallon and so answerable Their dry Measures are likewise of a bigger continent than these in England Buildings The Churches are of solid Stone most of the Cathedral and Collegiate Churches demolished and by what remains of some may be judged to have been very ample and magnificent The first Reformers being more zealous than prudent in rasing from the very foundation most of the renowned Abbies and Churches Houses in Cities are built with Stone and in many places covered with Slate The Houses of the Nobility and Gentry are well furnished being all built with Stone not much valuing Tile or Brick CHAP. II. Of the Laws of Scotland The Names of Kings the Kings Power and Prerogatives how long the Crown hath been in the Family of the Stewarts what a convention of Estates is THE Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliament or of the Custom and Practices of the Colledge of Justice which are held of no less force than Acts of Parliament and when neither of these contradicts the Civil Law is of force The Lawyers being generally great Civilians for they go to Leiden Poictiers or Bourges to study the Civil Law in which some are learned to a high degree Registers The Law of Scotland is easy and regular by reason of Registers which are so full that Titles are much more easily learned where those Registers are than can be done without them by this means Men are not cheated in buying or conveying Estates which may appear from these following instances 1. 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 register'd within 60 days otherwise it is of no force by which means all secret conveyances are cut off for if no Sasine be past upon them or if these be not put in the Registers which every one may search the conveyance is of no force 2. All Bonds have a clause in them for inserting them in the publick Registers and they being Register'd without any further action by a Charge of six days the Debtor must make payment otherwaies Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under outlawery and Rebellion and forfeits to the King his Personal Estate and if he continues a year under it the liferent of his real Estate in which the Creditor is to be prefer'd for his interest the rest goes into the Exchequer By the Letters of Caption the party is seized 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 Debtors Goods may be distrained wherever they can be found A third instance is that any Creditor may serve a Writ on his Debtor called Letters of Inhibition by which he can make no disposition of his goods or Estate till the party be satisfied and is null and to no effect that he doth after if these Letters be returned Register'd within 21 days after they are served otherwaies they have no force thus this ancient Kingdom is govern'd by the Civil Law as in many other things might be instanced by which they securely enjoy what they have or may purchase The Kingdom of Scotland hath been govern'd by Kings in as long a Succession as any Nation in the World as by this ensuing Catalogue of the Kings may appear each of them lineally succeeding others since Fergusius the first King in the year from the Creation of the World 3641. Fergusius Feritharis Mainus Dornadilla Nothatus Rutherus Reutha Thereus Josina Finnanus Durstus Evenus 1. Gillus nothus Evenus 2. Ederus Evenus 3. Metellanus Caratacus Corbredus Dardanus Corbredus 2. Galdus Cog. Luctacus Mogaldus Conarus Ethodius 1. Satrael Donaldus 1. Ethodius 2. Athirco Nathalocus Findochus Donaldus 2. Donaldus 3. Crathlinthus Fincormachus Romachus Angusianus Fethelmachus Eugenius 1. Fergusius 2. Eugenius 2. Dongardus Constantinus 1. Congallus 1. Goranus Eugenius 3. Congallus 2. Kinnatollus Aidanus Kennethus Eugenius 4. Ferchardus 1. Donaldus 4. Ferchardus 2. Malduinus Eugenius 5. Eugenius 6. Amberkelethus Eugenius 7. Mordacus Etfinus Eugenius 8. Fergusius 3. Salvathius Aihajus Congallus Dongallas Alpinus Kennethus 2. Donaldus 5. Constantinus 2. Ethus Gregorius Donaldus 6. Constantinus 3. Milcolumbus 1. Indulfus Duffus Culenus Kennethus 3. Constantinus 4. Cog. Calvus Grimus Milcolumbus 2. Donaldus Milcolumbus 3. Donaldus Banus Duncanus Edgarus Alexander 1. Cog. Acer David 1. Milcolumbus 4. Guilielmus Alexander 2. Alexander 3. Joannes Balliolus Robertus Brussius David 2. Edw. Balliolus Robertus 2. Robertus 3. Jacobus 1. Jacobus 2. Jacobus 3. Jacobus 4. Jacobus 5. Henricus Stuartus cum Maria Stuarta JACOBUS 6. Carolus 1. Carolus 2. In all 109. The King is an absolute and unaccountable Monarch and as the Law calls him a free Prince of a Sovereign Power having as great Liberties and Prerogatives by the Laws of this Realm and priviledge of his Crown and Diadem as any other King or Potentate whatsoever so that is deliver'd as a maxim in the heads of our Law That o all jurisdiction stands and consists in the Kings Person by reason of his Royal Authority and Crown and is competent to no Subject but flows and proceeds from the King having supream jurisdiction and is given and committed by him to his Subjects as he pleases which clearly demonstrates his Royal Prerogative The Crown descends by Inheritance the Heir female not being excluded and to this day the undoubted Right to it has been above three hundred years in
hath not first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is the nursing Father of the Church the King hath Power to call a National Synod and by his Commissioners to make constitutions relating to the Government and polity of the Church This National Synod was stiled the General Assembly which according to its Constitution and Authority setled in King James the sixths minority was made up of two Ministers Commissioners from every Presbytery and one lay Elder a Commissioner from every Royal Burrough one from every University one f●om the King These had the Supream Authority about a●l Church-matters How much trouble this Assembly General bred King James the sixth and the pretentions the Church made afterward the sad desolations of the Church of Scotland in these times do sufficiently bear witness A shadow of this still remains for the Supream Ecclesiastical Court is declared to be a National Synod made of Bishops and Deans and two Ministers from every Presbytery one of whom is of the Bishops nomination and a Commissioner from every University yet nothing is to be proposed but by the King or his Commissioner nor can any thing that they do be of force till it be ratified by the King but of this Synod their is no need being the King's Supremacy is so large it is evident that the King is over all Persons as well in Ecclesiasticks as Civil Supream From the King of Scotland there is no appeal in Ecclesiastical Affairs to the Bishop of Rome as it is in other principal Kingdoms of Europe There is no appeal in civil Affairs as in other Dominions of Christendom nor in either Ecclesiastical or Civ●l to the Peop●e who in themselves o● by their Representatives in Parliament were ever subordinate to the King The King being the only Soveraign and Supream Head is furnish'd with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions He may be properly call'd as all great Princes Gods Vice gerent being so much Majesty and Power is represented by him whereby the People have so much the higher esteem and more reverend awfulness of him for if that fails nothing can be expected but confusion impiety and calamity The Ancient Christians out of an high respect to their Christian Kings and Emperors used to attribute the Titles of God though imperfectly and analogically in them yet essentially and perfectly only in God and the good Christians of these times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharoah some writers of that Age seem to justifie it as being done only to beget a respect in these times in the hearts of the People for their Kings The King is not subject to Death because he is a Corporation in himself that liveth for ever All Inter-Regna being unknown in Scotland the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done The King is every where in all His Courts of Justice in all His Palaces therefore it is that all His Subjects stand bare in the Presence-Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence By his Prerogative of pardoning whom the Law hath condemned the King is in a manner invested with Omnipotency by raising men from Death to Life Can create to the highest Dignity and annihilate the same at pleasure All punishments proceed from him in his Courts of Justice and it is not lawful for any Subject to revenge himself In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from H●s Subjects more Reverence Honour and Respect than the King of Scotland All His people at their first Addresses kneel to him all persons not the Prince nor the Heir apparent excepted stand bare in the presence of the King and in the Presence-Chamber though in the King's absence The King 's only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch he useth no other Witness but himself viz. Teste meipso CHAP. III. Of Succession and the next Heirs to the Crown of Scotland THE King of Scotland hath Right to the Crown by Inheritance and the Laws and Customs of the Ki●gdom upon the Death of the King the next of kindred though born out of the Dominions of Scotland or born of Parents not Subjects of Scotland is immediately King before any Proclamation Coronation publication or consent of Peers or people The Crown descends from Father to Son and his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of a Brother to the Sister and her Heirs The Salique Law or Custom of France hath here no more force than it had anciently among the Jews or in Spain and other Hereditary Kingdoms The Salique Law is of force only among the French Turks and Barbarians and hath been so of a long time At the Death of the King die not only the Offices of the Court but all Commissions granted to Judges In the King's Infancy a fit person of the Nobility is made choice of in Parliament who by nature or alliance hath most interest in the preservation of the Life and Authority of the Infant In Scotland the King being absent by His Majesties Commission the Lord High Commissioner to whom the King commits the grand and weighty Affairs of the Kingdom doth by Instructions from His Majesty regulate the Affairs and redresses the Grievances of the Kingdom Of the present King of Scotland The King now Reigning is Charles the Second of that name his name of Baptism Charles in the German Tongue signifies one of a masculine strength or virtue Surname His surname is Stuart which first by Office was given to Walter Father to Robert King of Scotland from whom our present King is descended he was grand Senescal or High Steward or Stuart of Scotland as bearing such an Office by a long and vulgar errour it hath so prevailed that it was accounted the surname of the Kings of Scotland and of many Families descended from them The Genealogy The King now Reigning is Son to King Charles the Martyr and the Princess Henrietta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his veins all the Royal 〈◊〉 of ●●rope concentred he is descen●●●●●neally lawfully from Scotish Kings for almost 2000 years the King now Reigning the 109th so that for Royal Extraction and long line of just descent His Majesty now Reigning excels all the Monarchs of all the Christian if not of the whole world Birth He was born the 29th of May 1630. at the
this is much to their comfort that 't is only from the ignorant and deluded multitude and rabble let none so much as think that the King wanted assistance of his Loyal Subjects in the time of that Rebellion and let not the Kingdom any more suffer an ignominy for the abominable knavery of a few who to this day are stigmatized for their roguery and their posterity render'd contemptible it is not necessary to run out in vindication of the Loyalty of the People of Scotland in this enterprize their Actions of late when the Kings service required have sufficiently given proof to the world of the same and at present the King hath at command by Act of Parliament twenty thousand foot and two thousand Horse with forty days provision to march into any of His Majesties Dominions if need require CHAP. IX Concerning the Ecclesiastical Government of the Church IN the Year 1660 after a most grievous burthen of that insupportable yoak which our sins had prepared and other mens sins had laid on us after the Kingdom had groan'd nine years under the Tyranny of these Usurpers who to compleat our miseries imprisoned Banished and miserably butcher'd the Loyal Subjects under the names of Malignants Traitours and Rebels their Estates and Lands forfeited and sold their Houses garrisoned plundered and burnt and their posterity almost reduced to poverty and misery Alass Our Plough-shares were metamorphosed into Swords after all these calamities it pleased Almighty God to remember us in mercy and after the Church had suffer'd an Eclipse for twenty four years By the miraculous Restauration of our most Sacred Sovereign to the Throne of his Ancestours for the good of this Church and Kingdom then it pleased God to restore the ancient Hierarchy of the Church His Majesty that he might settle his Kingdom summoned his first Parliament to meet at Edinburgh the first of Jan. 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 unlawful 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 New-Castle 1646 and 1647 condemned Duke Hamiltons engagement 1648 approved the pretended forfeitures of the Marquesses of Huntley and Montross the E. of Forth Barrons of Glengarey Haddo Dunerub Delgaty Harthill and others who suffered for their Loyalty and all Acts made in prejudice of Lawful Authority were rescinded 1662. In the second Session the Antient Ecclesiastical Government of the Church was restored to the exceeding joy and satisfaction of all his Majesties good Subjects This was done by an Almighty Power the Covenanters having so wonderfully defaced the Government of the Church and rendered the Dignity and Office of a Bishop contemptible in the eyes of the People that His Majesties Restauration being so miraculously without shedding of blood to be restored to his own Kingdoms the Government of the Church with so little or no disturbance settled these things being considered ought to be kept as memorials not written superficially but with the point of a Diamond in the hearts of all Loyal Subjects Of the Archbishop of St. Andrews At this time Dr. James Sharp Professor of Divinity at St. Andrews who had been Professor of Philosophy in St. Leonards Colledge was preferred Archbishop of St. Andrews Primate and Metropolitan of Scotland who was murthered after a most barbarous manner by some Ruffians in May 1679. Upon his Murther Alexander Archbishop of Glasgow was translated to St. Andrews who now governs the See The present Chapter of St. Andrews the old one being dissolved with the Priory in the time of the Reformation had its beginning Anno 1606. by Act of Parliament in King James's the Sixth Reign and consists of the persons following The Prior of Portmollock Dean The Archdeacon of St. Andrews The Vicar of St. Andrews Couper Crail Dysert Kircaldy Pittenweem Lewchars Kinkell Dearsie Fordun Kennoway The Vicar of Abercromby Forgund Foulis Rossie Balmerinoch Longforgund Eglisgreig and others to the number of twenty four The Cathedral which was an antient and magnificent Fabrick was demolished with the Priory since which time the Parish-Church serves instead of it The Diocess of St. Andrews contains the whole County of Fife part of Perthshire and part of Angus and Mernis The Coat of Arms belonging to the Archiepiscopal See of St. Andrews is a Saphir a Saltier Pearl being the Cross of St. Andrew the Apostle Clergy their Dignity The Spiritual Function according to the practice of all civilized Nations hath ever had the preference and precedence of the Laity and hath in all times been reputed the first of the Three Estates All Subjects may be divided into Clergy and La●ty the Laity subdivided into Nobility and Commonalty Names The Clergy are so called because they are Gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Portion For although all Christians may be stiled God's Portion as well as God's Servants yet amongst Christians these persons whom God hath set apart and separated from common use to his service to be as it were his domestick servants are more peculiarly the Lord's Portion and therefore from the first Age of Christianity the persons so set apart have been called Clerici Clerks Degrees As in the State so in the Church the Laws and Constitutions of Scotland would not that there should be a parity and equality of all persons therefore it is that all Bishops are Peers of the Realm The Arch-Bishop of St. Andrews takes place of all Dukes next to the Blood Royal In writing and speaking to him is given the Title of Grace as it is to all Dukes and Most Reverend Father in God as likewise the same Title of Honour is due to the Arch-Bishop of Glasgow All the rest of the Bishops take place of Barons The Archbishop of Glasgow taking place next to the Lord Chancellor All Bishops have one priviledge above and beyond all ●ay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may Quatenus Bishops confer Orders c. whereas no Lay-Baron Marquess or Duke is in Law acknowledged such out of the Dominions of the Prince who conferred these Honours The Revenues of the Scottish Clergy at present are generally very small and insufficient Many secret and indirect means have been used to lessen their Rents through corrupt Compositions and Compacts They were most miserably robb'd and spoiled of the greatest part of their Lands until King James the Sixth who after he was come to Age took particular care in restoring to some Bishopricks what was most unjustly kept from them Yea at this day a Gentleman of 200 l. Land Rent yearly will not change his worldly estate and condition with several Bishops A Shopkeeper a common Artisan will hardly change theirs with ordinary
year they are recited viva voce in the hearing of all The Library was founded by Clement Little one of the Officials or Commissa●ies of Edinburgh Anno 1635. since which time it is much encreased both by Donatives from the Citizens as also from the Schollars who are more in number here than in any other Colledge in the Kingdom There is a gift in this Library of one Mrs. Scot to the value of 30 lib. the more esteemed because it is from a worthy Matron and lover of learning a good example to all others of her Sex Principals Anno 1583. Robert Rollock one of the Ministers of the City who was likewise Professor of Divinity for all the principals here are primarii professores Theologiae was the first principal and Rector of the University Anno 1600. Henry Charters Anno 1620. Patrick Sands Anno 1622. Robert Boyd Anno 1625. John Adamson Anno 1653. Robert Leightone who was afterwards preferred to be Bishop of Dumblane Anno 1662. VVilliam Colvil Anno 1675. Andrew Cant. Professors of Divinity Anno 162 Andrew Ramsay Anno 1630. John Sharp Doctor of Divinity Anno 1650. David Dickson Anno 1664. VVilliam Keith D. D. Anno 1675. Lawrence Charters Present Professors Andrew Cant Principal Lawrence Charters Professor of Divinity Alexander Dickson Hebrew Professor Gilbert Macmurdo Andrew Massie Mr. Litherdale Mr. Cockburn Professors of Philosophy Alexander Cuninghame Professor of Humanity Alexander Hendersone keeper of the Library Learned Men and Writers Robert Rollock Principal a Person of great worth and learning he wrote Commentaries on the Psalms and some of the Prophets some Sermons and pieces of Devotion were published by him he was in great esteem with all good men for his learning holiness and moderation Henry Charters Principal a Person of great modesty and humility and well seen in Theological learning Patrick Sands Doctor of Divinity Principal very learned in the Mathematicks John Adamson Principal a man of great learning and of very quick parts Alexander Hendersone Principal of the University and one of the Ministers in the City the greatest Ringleader of the Covenanters and often employed by them in the affairs of Church and State both in Scotland and Engl. He was a Person of great gravity and composedness and of considerable learning That debate between his late Majesty and him at Newcastle 1646. about Church-Government and the occasions he then had of knowing that blessed Martyr wrought much upon him so that he went back to Scotland much changed in his principles and it was believed that if he had lived he would have been very instrumental in the King's Service He died soon after his return from England being the most universally-esteemed man of all that party William Colvil Principal a man of a very moderate temper He was deposed by the Covenanters he never would accept preferment notwithstanding divers Bishopricks were proffered to him He wrote divers pieces which are printed in English and Ethica Christiana in Latine William Keith Doctor and Professor of Divinity a man of great Learning who had diligently studied both the Fathers and School-men and was a great Master of Languages being very well skilled in the Hebrew and Rabinical Learning he was wholly mortified and denied to the world and led a most severe kind of life He died An. 1674. If there be any mistake in the names of the present Professors of any of the Universities it is because they are often soon preferred to some dignity in the Church but mistakes of this nature are pardonable being none are named who have not been in these publick capacities and according to the best information there is but little or no mistake in their names that are now actually in those circumstances above mentioned There is no mention made of the Learned Professors who are yet alive that were somewhat of flattery to celebrate their praises to posterity while they yet remain with us But this in general may be said of them all that they give as g●eat proofs of their Learning as any Professors in great Brittain which is demonstrable by the great number of Graduates every year from their Universities who are not inferiour to those of other Nations when their Learning is questioned abroad The Commissioners that have represented our Kings since K. James was setled on the Throne of England were as followeth King James the Sixth John Grahame Earl of Montross Commissioner 1604. George Hume Earl of Dumbar Commissioner 1606. George Keith Earl of Marischal Commissioner 1609. Alexander Seaton Earl of Dumfermlin Commissioner 1612. James Hamilton Marquess of Hamilton Commissioner 1621. King Charles the First James Hamilton Marquess of Hamilton Com. 1638. John Stewart Earl of Traquair Com. 1639. James Grahame Marquess of Montross Governour 1644. King Charles the Second John Middleton Earl of Middleton Com. 1660. John Lesly Duke of Rothes Commissioner 1663. John Maitland Duke of Lauderdail Com. 1669. His Royal Highness James Duke of Albany and York Com. 1681. A Catalogue of the Chancellors of the Kingdom since the year 1198. Collected out of Histories 1198. Will. Malvoisin Bishop of Glasgow 1220. Will. de Bosco B. of Dumblane 1226. Matth. Kinninmouth Bishop of Aberdeen 1239. Will. Babington B. of Glasgow 1247. Abbot of 1248. Rich. Innerkeithing Bishop of Dumblane 1259. Gamelinus B. of St. Andrews 1273. Will. Wishart B. of Glasgow 1280. Will. Frazer B. of St. Andrews 1298. Maurice B. of the Isles 1363. Adam Bishop of Brichen 1380. John Lyon Lord Glammes 1390. Gilbert Grimlaw Bishop of Aberdeen 1409. Will. Lauder B. of Glasgow 1434. John B. of Brichen 1436. Sir Will. Creighton of Creighton 1444. James Bruce B. of Dunkeld 1448 Patrick Lyon Lord Glammes 1453. Will. Sinclare Earl of Orkney 1463. Geo. Shorswood B. of Brichen 1474 John Lang B. of Glasgow 1476. Andr. Stewart Lord Evendail 1484. Will. Elphinstone B. of Aberdeen 1494. Archbald Douglass E. of Angus 1497. George Gordon E. of Huntly 1502. James Stewart Archbishop of St. Andrews 1512. Alex. Stewart Archbishop of St. Andrews 1518. James Beaton Archbishop of Glasgow 1526. Gawin Dumbar Archbishop of Glasgow 1534. William Stewart Bishop of Aberdeen 1539. Cardinal David Beaton Archbishop of St. Andrews 1561. George Gordon E. of Huntly 1563. James Douglas E. of Morton 1567. George Gordon E. of Huntly 1570. James Douglas E. of Morton again 1572. Archbald Campbell Earl of Argile 1575. John Lyon Lord Glammes 1578. John Stewart E. of Athol 1579. Coline Campbell E. of Argile 1584. James Stewart E. of Arran 1591. John Maitland L. Thirlstane 1598. John Grahame E. of Montross 1604. Alexander Seatone Earl of Dumfermline 1622. George Hay E. of Kinnoul 1635. John Spotiswood Archbishop of St. Andrews 1641. John Campbell E. of Lowdoun 1660. William Cunninghame Earl of Glencairn 1665. John Leslie Duke of Rothes Writers of the Scottish History Cornelius Hibernicus Veremundus a Spaniard Arch-Deacon of St. Andrews wrote the History of the Nation from its Original till the Reign of King Malcolm the Third Johannes a