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 â—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 Grâ—â—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 â—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 priâ—â—te retirements which hath â—â—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
Royal Palace of St. James's over which house the same day at noon was seen by thousands a Star and soon after the Sun suffered an Eclipse a sad presage as some then divined that this Princes power should for some time be Eclipsed as it hath been and some Subject signified by a Star should have extraordinary splendor Baptized Was Christened the 27th of June following by the then Bishop of London Dr. Laud. Had for his Godfathers his two Uncles Lewis the 13th King of France and Frederick Prince Palatine of the Rhein then called King of Bohemia represented by the Duke of Richmond and Marquis of Hamilton His Godmother being then the Queen Mother of France represented by the Dutchess of Richmond Had for Governess Mary Countess of Dorset In May 1633. he was first Knighted and immediately after he was made Knight of the Garter and installed at Windsor Education At the Age of Eight he had for Governour the Earl afterwards Marquis now Duke of Newcastle and after him the Late Earl of Barkshire and for Tutor or Praeceptor Dr. Duppa then Dean of Christ Church after Bishop of Salisbury and lately of Winchester At the Age of Twelve was with the King his Father at the Battel of Edge Hill and soon after at Oxford was committed to the care of the Marquis of Hertford About Fourteen years old was in the Head of an Army in the West of England At the Age of Fifteen a Marriage was proposed between him and the Eldest Daughter of the King of Portugal the Infanta Joanna since deceased Two years after was from Cornwal transported to the Isle of Scilly and after to Jersey and thence to his Royal Mother to St. Germains near Paris At this time the Parliament in England being at variance with the King A little time after he was at Sea with some Naval Forces endeavouring to rescue the King his Father then in the Isle of Wight out of the wicked hands of his Rebellious Subjects Not many months after upon the sad news of the horrid Murther of his Royal Father he was in Holland first saluted King and soon after proclaimed in Scotland being not yet nineteen years of Age. At the Age of Twenty from Holland he landed in Scotland June 1650. and in January following to the joy of His Loyal Subjects there he was Crowned at Scoone the place where his Ancestors had been Crowned At his Coronation there was this Solemnity A Reverend and Learned Divine Mr. Robert Douglass preaching a Sermon concerning the Dignity and Honour due to Kings all the Nobility being present he was invested with the Regalia The Crown being put upon his Royal Head he was by the joyful Acclamations of his people saluted King all of them present with one voice crying out God save the King God save the King God save the King These precise times not allowing the ordinary Rites of Coronation The third of September 1651. fought the Battel of Worcester whence after the unfortunate loss of his whole Army wandring in disguise about England for six weeks and most wonderfully preserved he was at length transported from a Creek near Shoram in Sussex to Feccam near Havre de Grace in France in which Kingdom with his Royal Brothers and divers Scotish and English Nobility Cleâ—gy and Gentry he was for some years received and treated as King of Scotland and England Afterwards he passed his time in Germany Flanders and Spain in the studies and exercises most befitting a Prince until the year 1660. at which time being at Brussels in the Spanish Territories perceiving a general inclination of his Subjects in England to receive him he providently removed himself to Breda within the Dominions of the United Provinces in the Netherlands and thence in May to the Hague After a little abode there by the humble invitation of his Scotish and English Subjects he imbarked at Scheveling the 23 of May 1660. and with a gallant Fleet and gentle gale of wind landed the 25th at Dover and on the 29th following being his Birth-day and then just 30 years of Age he entered into London being attended with most of the Nobility and Gentry of the Three Kingdoms where he was received with the greatest and most universal Joy and Acclamations and Magnificence that could possibly be expressed And on the 23d of April 1661. was Crowned with great Solemnity Ceremony at Westminster His Majesties life hath been full of wonders But three passages especially seem miraculous First at his Birth a bright Star seen over him at Noon-day by many thousands Secondly His escape in and after the Battel of Worcester when being in the very heart of England forsaken by all a summ of money by publick Act promised to those that should discover him and penalty of High Treason to any one that should conceal him when he was seen and known by many persons of all sorts and conditions whereof divers were very indigent and so very subject to be tempted with the proposed Reward and divers of the Female Sex and so most unapt to retain a secret When he was necessitated to wait so many weeks and appear in so many places and companies before a fit opportunity of Transportation could be found Thirdly His Majesties Restauration quippe impossibile fuit filium tot precationum tot lacrymarum tot miraculorum periisse that after so many years dispossession his most inveâ—erate potent subtle enemies in full and quiet possession on a sudden the desire of him should like Lightning or a mighty Torrent run over his Kingdoms in such a manner that he should be solemnly invited magnificently conducted and triumphantly received without blood blows bargain or any obligation to any Forein Prince or Potentate This was the Lord's doing and must for ever be marvellous in our eyes Justly might the Great Turk hearing of His Majesties Restauration declare if he were to change his Religion he would adore and worship the God of the King of Great Britain Of His Sacred Person of His Life and Safety the Laws of Scotland are so tender that it is High Treason only to imagine or intend the Death of the King And because by imagining or conspiring the Death of the King's Counsellors or great Officers of his Houshold the destruction of the King might ensue the Law hath provided they should be punished with Death The King's Person is in so high an esteem that to offend against those persons that represent the King as to kill some of the Crown Officers or the King's Judges or to counterfeit the King's Seal or his Moneys is made High Treason because by all these the King's Person is represented and High Treason is so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal His â—â—irs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them The Law by no means will suffer an Idiot or Lunatick to go
was made a Privy Councillor in 1662. and in 1666. being joyned Admiral with the Duke of Albemarl first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the enemy soon to flight He enjoyes a Pension from His Majesty of 4000 l. per annum After Prince Rupert the next Heirs to the Crown of Scotland are three French Ladies Daughters of Prince Edward deceased who was a younger Son of the Queen of Bohemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the Late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. sterling a year There was two Daughters of Frederick Prince Palatine of the Rhine who being unmarried are deceased The last is the Princess Sophia youngest Daughter to the Queen of Bohemia Born at the Hague 1630. and in 1659. wedded to John Duke of Lunenberg and free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters she is said to be one of the most accomplisht Ladies in Europe Having this particular Account of all the nearest in Blood to the Crown of Scotland being the Issue of King James the Sixth and King Charles the First it will not be amiss to relate these that are descended of the Daughter of King James the Second since whom till the Queen of Bohemia no collateral branch sprung from the Royal Family of whom any Issue remains James Lord Hamilton was married to the Daughter of King James the Second and had Issue first James created Earl of Arran whose Son was the Duke of Chastelherault from whom by Two Sons are descended the Families of Hamilton and Abercorn and by Two Daughters the Families of Huntley and Lauderdale And by an Act of Parliament signed by all the Three Estates the Original whereof is yet extant in the Reign of Queen Mary The Duke of Chastelheraults Family is declared next the Queen and her Issue the Rightful Heir of the Crown The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter married to the Earl of Lennox from whom descended the Family of Lennox There is no otther branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestor the Lord Kennedy married King James the firsts Sister from which Marriage that Family is descended And so much of the Royal Family CHAP. V. Of the Chief Officers of State of the Court of Justice The Manner of Elections of the Members in Parliament and Riding of Parlialiament Of the Privy Council Of the Senators of the Colledge of Justice Of the Justice Court of the Exchequer 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 This Office was in the Person of John Duke of Rothes lately deceased 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 Privy Seal who is at present John Duke 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 the Right Honourable Alexander Earl of Murray The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and Names of all the Clerks of Parliament and Session and the Keepers of Publick Registers This Office is executed by Sir Thomas Murray of Glendoick The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in cases in which the King is concerned and in these he pleads in the King's Name The present Lord Advocate is Sir George Mackenzie of Rose-haugh The Seventh Officer is the Lord Treasurer Deputy who is Assistant to the Lord High Treasurer and is a check upon him and presides in the Exchequer in his absence This Office is executed by 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 Rich. Maitland Esq All these have the Title of Lord and the Precedency of all under Noble men and their Eldest Sons Of the Courts of Justice The Chief and Supream Court of Justice is the High Court of Parliament which is made up of Three Estates The first is the Ecclesiastical that of Old consisted of Bishops and Miter'd Abbots but since the Reformation consists only of Arch-Bishops and Bishops The second Estate is the Nobility who were antiently divided into the greater Barons and the lesser for every man that holds Lands of the Crown with a priviledge of holding a Court much like the Lord of a Mannour in England is called a Baron and all were obliged to appear personally in Parliament Proxies never being allowed by the Law of Scotland and give the King Counsel This proved a very hard burden to the small Barons upon which they desired to be excused from their Attendance in Parliament And this was granted them as a favour in King James's the first Reign And though by that Act they might have sent two or three or more to represent them from every Shire yet they made no use of that for above 150 years But King James the Sixth to ballance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners of the Shires The third Estate is the Burroughs every one of which chuseth one Commissioner or Burgess only the City of Edinburgh as the Metropolis chuseth two Elections of Members of Parliament The Parliament is summoned by Proclamation made at the Head Burrough of every Shire forty daies before they meet upon which the Shires and Burroughs meet about their Elections Every one that holdeth Lands of the Crown that in the Rolls of the Taxation the Antient Name of Subsidies and Assessments are valued at forty shillings Scottish Money of Taxation to the King which will be in real value about ten pounds sterling a year is an Electour or may be Elected so he be rightly vested in the Land or according to the Scottish terms infeoft and seized and be not at the King's Horn that is under an Outlawry The Electours subscribe the Commissions they give and so their Commissioner is returned and if there be Cross Elections the Parliament is only Judge In the Burroughs the Common Council of the Town makes the Election The Manner of the Riding of the Parliament When the day comes in which
round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or short Cloaks about their shoulders A Baron hath but two Guards a Viscount two and a half an Earl three a Marquess three and a half and a Duke four Precedence Touching the Places or Precedences among the Nobility of Scotland it is to be observed that Dukes amongst the Nobility have the first place then Marquesses Dukes Eldest Sons Earls Marquesses Eldest Sons Dukes Younger Sons Viscounts Earls Eldest Sons Marquesses Younger Sons Barons Viscounts Eldest Sons Earls Younger Sons Barons Eldest Sons Viscounts Younger Sons Barons Younger Sons The Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no further having the Precedency of all the Nobility Yea the natural or illegitimate Sons of the King after they are acknowledged by the King take Precedency of all the Nobles under those of the Blood Royal. Moreover observe that all Nobles of the same degree take place according to the seniority of their Creation all Dukes Eldest Sons have the title of Earls and the Eldest Son of an Earl hath the title of the Earls Barony and sometimes of the Viscountry according to the Patent Of His Majesties Privy Council in the Kingdom of Scotland The Privy Council is chiefly imployed about publick Affairs and are Judges of Riots and any disturbance given to the Peace of the Kingdom Antiently the Lords oâ— the Session were the King's Council and so are stiled Lords of Counciâ— and Session The Power of the Privy Council hath 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 His Privy Council Lawyers do plead the Causes of Riots before them and when sentence is to be given every Privy Councillor gives his Vote and the major Vote carries it Lords and others of His Majesties present Privy Council of SCOTLAND His Royal Highness the Duke of Albany c. John Duke of Rothes Lord Chancellor Alexander Lord Archbishop of St. Andrews Primate John Duke of Athol Lord Privy Seal John Duke of Lauderdale Presid of the Council William Marquess of Douglass James Marquess of Montross Alexander Earl of Murray Secretary of State Archbald E. of Argile John E. of Errol George E. of Marischal Charles E. of Marr. E. of Linlithgow E. of Pearth Patrick E. of Strathmore Robert E. of Roxburgh E. of Queensbury E. of Ancram James E. of Airly E. of Balcarras William E. of Dondonald E. of Kintore E. of Broadalbine Archbald Lord Lorn John Lord Livingstone John Lord Bishop of Edinburgh James Lord Elphinstone John Lord Rosse Sir Charles Maitland of Haâ—tone Treasurer Deputy Sir Thomas Murray of Glendoick L. Clerk Register Sir George Mackenzy of Rosehaugh L. Advocate Richard Maitland Esq L. Justice Clerk Sir James Dalrumpell Lord President of the Sessions Sir George Gordon of Haddo Sir George Mackenzy of Tarbot John Drummond of Londy Lieutenant General Dalziel Sir George Kinnard of Rossy Sir John Wachop of Nidry Of the Supreme Court of Judicature The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was antiently an ambulatory Court but was settled as it is now by King James the â—ifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Council and Session and a President to whom are added the Lord Chancellor and four Lords of the Nobility or as they usually call them Lords Extraordinary 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 But now by Act of Parliament the Summer Sessions are taken away and in stead thereof are henceforth to be kept in March They sit from Nine of the Clock in the Morning till Twelve all the daies of the week except Sunday and Monday There is an Outer-house and an Inner In the Outer-house there is a Bench where one of the Senators 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 Senators 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 upon the Bench there is a side Bar to which one of the Judges comes out by turns weekly as in the former and receives and answers all Petitions and Bills The Inner-house where all the rest of the Senators sit is a Court of great State and Order The Senators sit in a semicircle in Robes under them sit their Clerks who write all the most material heads of all that is pleaded at the Bar where the pleadings are long and very learned When the the Senatours have after all the parties are removed considered their arguments they give their sentence and the major part carries it Their final sentence determines all business in their Court there lying no Appeal from them only the Parliament as the Supreme Court may review and repeal their sentence their decisive sentence are called Decreets from the Latine Decreta Senators of the present Colledge of Justice The Lords Extraordinary The Lord Chancellor The Duke of Athol The D. of Lauderdale The Earl of Murray The Earl of Argile The Lords Ordinary not Noblemen Sir James Dalrumpell Lord President of the Session Charles Maitland of Hatton Sir George Mackenzy of Rosehaugh Sir Thomas Murray of Glendoick Sir James Foulis of Collington Sir John Lockart of Castlehill Sir Robert Nairn of Strathurd Sir James Foulis of Redford Sir David Nevoy of Nevoy Sir David Balfour of Torret Sir David Falconer of Newton Sir John Gordon of Pitmedden Sir Roger Hogg of Harcus Sir Andrew Birny of Saline Sir George Gorden of Haddo Of the Justice Court The next Supreme Court is the Justice Court where all Criminals are tryed It consists of a Lord Justice General and of a Lord Justice Clerk who is his Assistant The Earl of Argile had this Office by Inheritance but King Charles the First agreed with the said Earl and gave him the hereditary Justiciariship of of the High lands for which he laid down his pretensions to the other The Lord Justice General is not obliged to serve in person but may do it by Deputies and he commonly named two This Order was changed Anno 1669. and by Act of Parliament four Judges were appointed to sit
other things of the Laws of Scotland such as are curious may find full satisfaction in that most learned work of Craigs De Jure Feudali written in Latine and printed at Edinburgh in Folio CHAP. VII Of the Burroughs of Scotland Of the Burroughs Royal Burroughs of Regality and Burroughs of Barony The Names of the Free Incorporations or Burroughs Royal. THE Burroughs of Scotland are of three sorts either Royal Burroughs Burroughs of Regality or Burroughs of Barony The former have Commissioners in Parliament and besides are a State apart for they meet yearly in a Convention called the Convention of Burroughs from which a Commissioner comes from every one of them There they make Laws for themselves about Trade and other things relating to their Corporations They hold these Meetings in a Circuâ—t around the Chief or as they call them the Head-Burroughs and at the end of one Convention they name the time and place for the next In these Burroughs there is a Provost or Mayor who has the Chief Power and there are four Bailiffs or Aldermen that are next to him in the Government There is also a Dean of Gild named among the Romans Aedilis who is the Chief Judge among the Merchants likewise a Treasurer and a Common Council the one half of which is chosen usually by the Merchants the other half by the Trades men once every year The Trades men have a Court of their own in which there is one from every Trade who is called the Deacon of the Trade and they chuse one among themselves to be President in all their Meetings and Affairs who is call'd Deacon Conveener by his Order they are to meet as their business requires These Deacons are chosen yearly by all the Freemen of their Trade and have a little jurisdiction over them There are in most Burroughs great and dangerous Animosities and Factions between the Merchants and Trades-men upon the account of precedence in publick daies when they meet Burroughs of Regality The Burroughs of Regality are the Towns where these Lords of Regalities hold their Courts The Chief Magistrates are named by the Lord the rest they chuse themselves They have also great freedoms little inferiour to the Royal Burroughs only they have no Commiâ—â—ioners in Parliament Burroughs of Barony The Burroughs of Barony are Market-Towns where the Lord of the Barony names some of the Magistrates and the Corporation chuses the rest In all these Burroughs the Magistracy is no matter of Burden nor Charge but of Power and Advantage from whence arise great Factions amongst all of them in most of the Burroughs A Catalogue of the Free Corporations or Royal Buâ—roughs in Scotland In the Lothians Edinburgh Linlithgow Haddington Northberwick Dumbar In Fife Saint Andrews Couper Kirkaldy Crail Anstruther Pittenweeme Dysart Earlesferry Kinghorn Innerkeithing Burnt Island In Fife Queens-Ferry Dumfermling Culrosse Clackmanan In Angus Dundee Montross Forfar Brichen Arbroath In Galloway Kirkudbright Wigton Withthorn Stranraver In Clidsdail Glasgow Lanerick In Murray Elgin Nairn Forress In Ranfrowshire Ranfrow Pâ—sley Ruglen In Mar. Aberdeen Kintore In Boyn Bamf Cullen In Rosse Innerness Tayne Aire in Kyle Irwing in Cunningham Rothsay in Bute Dumbarton in Lenox Innerrara in Argile Jedbuâ—gh in Tiviotdail Peebles in Tweddail Selkirk in Forrestshire Striveling upon Forth Dumblain in Monteith Dornoch in Southerland In Annandale Annand Lochmabane In Nithisdail Dumfreis Sanqhuar Bervy in Mernis Innerowry in Gareâ—ch CHAP. VIII Of the Court of Admiralty and of the Government of the Militia THE Court of Admiralty sits in Leith the chief Port of this Kingdom but hath not much business except in times of War to judge of Prizes The present High Admiral is His Royal Highness the Duke of Albany The Military Government The Military Government in Scotland of every County is not lodged in one Person but the Regiments of Foot are commanded by Collonels and the Troops of Horse by Captains named by the King without any dependance upon one Lord-Lieutenant nor are there Deputy-Lieutenants yea the Lieutenant-Collonels and other Officers are named by the King as is usual in an Army and perhaps the Militia in this Kingdom are as well govern'd and disciplin'd as in any other Kingdom the People of Scotland being naturally stout and resolute which make them so much valued beyond Seas the only School of War to them since the conjunction of this Island under one King They are upon all occasions ready for the Kings Service naturally being great lovers of the Royal Family having so just a râ—ght to the Crown by an uninterrupted descent for so many Generations as cannot be parallel'd almost in the whole world what happen d in the late Rebellion Where the Schismaticks so highly deluded with fair promises and reiterated invitations from England being as time Brethrâ—n in a Solemn League and Covenant the issue proving solemnly destructive to the ancient Government and constitutions of both Kingdoms and to the perpetual scandal of Christianity itself in that the best of Kings was at last murder'd by these hellish contrivances I say what happen'd then cannot be recorded as an infamy upon the whole Kingdom being there were ten thousands in that ancient Kingdom who never bowed their knee to that Baal the Idol of these unhappy times many of the Ancientest of our Nobility were sufferers to the utter ruine of their Estates and Families a great many lost their lives under the King's Lord Commissioner the worthy and valiant Marquess of Montross who himself was barbarously murder'd by that wicked insulting crew being it is manifest by the account that all the writers of these times giveth that it was but a part and that indeed the scum of the People who had taken upon them at that time to shake off their Duty and Loyalty no man in his right senses or understanding will impute any of those most inhumane proceedings and practises to the People of the whole Nation who in all emergencies since his Majesties happy Restauration have given such clear demonstrations of their Loyalty upon all occasions have proved to the everlasting infamy of that prevailing party in those late confusions that they were but an handful and that the most inconsiderable part of the Kingdom whoever therefore will be so foolish as to evidence his ignorance of the proceedings of these in that dreadful Rebellion by imputing their machinations and cruelties to the general consent of the Kingdom let him alwaies be esteemed as one that is over-ruled by malice and passion thirsting after nothing so much as to make People believe that His Majesty now reigning hath no Dutiful Subjects in that his most ancient Kingdom he may be esteemed an enemy to the Government who would inveigle into the minds of the People that His Majesty is not sure of the Dutiful assistance of his Subjects of that Kingdom if need require many times the Loyal Subjects of Scotland when they are abroad suffer reproach for the barbarous proceedings of these unhappy times but
in this Court with the Lord Justice General and the Lord Justice Clerk All Tryals for Life are in this Court which sits every Friday in the Time of Session in the Afternoon Here all the Subjects Peers as well as Commons are tryed The difference between a Peer and Commoner in their Tryal in this Court is this viz. The greater part of the Peers Jury called by the Scottish Law an Assize must be Peers The Jury is made up of 15 The Foreman who is called the Chancellor of Assize gathers and reports the Votes The major part determins the matter The present Justice General is the Earl of Queensbury Of the Exchequer The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in commission the Lord Treasurer Deputy and some Assistants called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy usually carry all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of these Courts is Edinburgh which has been long the chief Seat of the Government though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience than the bringing up all their Affairs to Edinburgh CHAP. VI. Of Inferiour Courts of the Sheriffdoms The Names of the Sheriffs who are so most by Inheritance The Courts of Regality A Barons Court NExt to these Supreme Courts there are other Inferiour Courts And first there are in all the Shires of Scotland Sheriffs who are the Judges in all Matters of of Meum and Tuum in Thefts and in all lesser crimes as likewise in Murthers if the Murtherer be taken in hot blood as they call it when the person is newly slain But though there lyes no Appeal in this Kingdom in any Court yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of Inferiour Judges and order to be brought before themselves Most of the Sheriffs were antiently so by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a Power in their Shires that our King of late hath thought fit to agree with many of these Sheriffs for their Rights by which it comes to pass that many of them now are in the King's Gift The Sheriffs may either sit and give Judgment themselves or do it by a Deputy which they most commonly do except in some great cases For the more full satisfaction of the Reader it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs Shires or Counties of Scotland and their Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian Charles Maitland The Shire of Berwick containeth Mers Earl of Home The Shire of Peeblis containeth Tweddail Earl of Tweddail The Shire of Selkirk containeth the Forrest of Etterick Murray The Shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail Anandail E. of Queensbury The shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The shire of Aire containeth Kyle Carrict and Cunninghame E. Dumfreis The shire of Renfrew containeth the Barony of Renfrew E. of Eglington The shire of Lanerick containeth Clidsdail D. Hamilton The shire of Dumbritton containeth Lenox D. of Lenox The shire of Bute containeth the Isles of Bute and Arran Sir James Stewart of Bute The shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles all Ila Jura Mull Wyist Teriff Coll Lismore c. E. of Argile The shire of Perth containeth Athol Goury Glenshee Strath-Ardell Broad Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern D. of Atholl The shire of Striveling lyeth on both sides the River Forth E. of Marr. The shire of Linlithgow West Lothian John Hope of Hoptoun The shire of Clackmanan containeth a small part of Fife lying on the River Forth towards Striveling Sir D. Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Loâ—hleiven and the Ochell Hills E. of Morton The shire of Câ—uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila â—len Esk Glen-Prossin E. of Southesk The shire of Kinkardin cont Mernis E. Mareschal The shire of Aberdeen containeth Mar with its pertinents as Birse Glentaner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land E. Dumfermline The shire of Bamf containeth a small part of Buchan Strath-Dovern Boyn Enzy Strath-Awin and Balveny Sir James Baird of Auchmedden The shire of Elgine containeth the Eastern part of Murray Robert Dumbar of The shire of Nairn containeth the West part of Murray The shire of Innerness containeth Badenoch Lochabyr and the South part of Ross E. of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrquart of Cromarty The shire of Tayne containeth the rest of Ross with the Isles of Sky Lewes and Harrigh E. of Seaforth The shire of Dornoch containeth Southerland and Strath-Naver E. of Southerland The shire of Weik containeth Cathness E. of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale D. of Lauderdale Stewartries Stewards Strath-Yern E. of Pearth Monteith E. of Monteith Annandail E. of Annand Stewartries Stewards Kirkudbright containeth the East part of Galloway E. Nithisdail Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington Court of Regalities There are also many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and Death besides many other great immunities and priviledges This began chiefly in Church lands for all the Bishops and most of the Abbots had these Regalities granted them some of the antient and great Peers got the same power bestowed upon them and many more have lately got their Lands erected into Regalities The Judge is called the Bailiff of the Regality who sits as often as there is cause Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance These being given by the King a Church-man not being allowed to give a Commission in causa sanguinis A Barons Court Besides these every one that holds a Barony of the King has a Baron Court in which leâ—â—er matters are also judged and they may fine and distrain Antiently these Baron Courts might judge of Life and Death but now it is not so For all the other particulars that relate to the Regalities Superiorities and
eminent Virtues we admire in the Primitive Bishops seemed to be revived His Life was most exemplary and severe he Preached constantly and by his appearance in time of his Preaching he seemed like one in Heaven being so much touched himself with what he delivered to others His humility was astonishing his meekness and charity extraordinary his expence on himself very small all that he had he laid out on the Poor He was very tender of all the concerns of his Clergy and by his excellent deportment and heavenly discourses did much edifie and instruct them all He studied by the most gentle methods possible to overcome the peevishness of the Schismaticks but all was in vain for they became more insolent and stubborn He was translated to Glasgow 1670. who in 1674. resigning Alexander Burnet was restored and he retired from all Publick Offices His Predecessor was James Wedderburn Professor of Divinity in St. Andrews and thrust out by the Covenanters Upon the Translation of Robert Leighton James Ramsay Dean of Glasgow was preferred to the See 1676. The Bishop of Dumblane is alwaies Dean of the King's Chapel Royal. The Diocess of Dumblane contains part of Perth and Striveling-shire The Bishops of Ross John Paterson Preacher in Aberdeen was promoted to the Bishoprick of Ross 1662. Upon his Death Alexander Young Bishop of Edinburgh was translated to this See John Maxwell one of the Preachers of Edinburgh a very Learned man a great Preacher and of excellent parts was Bishop of Ross and thrust out by the Covenanters 1639. and afterwards much persecuted by them The Cathedral of Chancnry where the Bishop of Ross his Seat is was demolished by the first Reformers some part whereof is lately rebuilt The Diocess of Ross hath under its Jurisdiction the Shires of Tayn Cromarty and the greater part of Innerness-shire The Arms of the Bishoprick of Ross are Argent a Bishop standing on the Sinister habited in a long Robe close girt Purple Mitred and holding in his left hand a Crosier Or and pointing with the Right to St. Boniface on the dextâ—r side clothed and both his hands placed on his Breast proper Bishops of Cathnes Upon the Restitution of Hierarchy 1662. Patrick Forbes was preferred to the See John Abernethy a Learned and worthy Prelate was promoted to this See and thrust out by the Covenanters Dr. Wood was preferred and now governs this See The Diocess of Cathnes whereof Dornoch in Sutherland is the Bishop's Seat contains the Shires of Cathnes and Sutherland There is not much said of the Cathedral Bishops of Orkney Thomas Sydserfe Bishop of Galloway Anno 1662. the only Bishop then alive of all that had been thrust out by the Covenanters was translated to Orkney He sate but a little time dying 1663. Unto whom succeeded Andrew Honniman a Learned and Pious man and good Preacher This Bishop accompanying the Archbishop of St. Andrews received a wound in the Arm by â—istol-shot aimed at the Archbishop of St. Andrews by an obscure fellow named Mitchel who afterwards was execuâ—ed This Bishop died An. 1676. and was buried at Kirkwall in the Cathedral Church Murdack Makenzie Bishop of Murray was translated to this Bishoprick and now governs the See There was one George Graham Bishop of Orkney being terrified with the censures of the Assembly of Glasgow did abjure Episcopacy submitting to the Presbyterian Government betaking himself to the Charge of a particular Parish 1638. Hereupon King Charles the First did promote Robert Baron Doctor and Professor of Divinity in the Marischal Colledge of Aberdeen to the Bishoprick The Learned and worthy man having incensed the Covenanters by expressing his Loyalty so publickly in the Disputes between the Doctors of Aberdeen and Mr. Henderson Mr. Dick and Mr. Cant the Three great Champions for the Covenant was forced to fly to Berwick where he died shortly after before his Consecration The Diocess of Orkney hath under its Jurisdiction all the Northern Isles of Orkney and Schetland Bishops of Argile An. 162 was promoted to this See Boyd who as he was descended from one of the Noblest Families in the Kingdom being Brother to the Lord Boyd so he was a very extraordinary person He found his See full of ignorance and Barbarity scarce any Churches or Schools in it And in many places the very name of Christ was not known He set himself wholly to the work of the Gospel and planted many Churches He resided constantly in his Diocess and was a great example of Piety and Virtue And for all the prejudices that are in these parts against that Order yet he is never named among them to this day but with great honour as an Apostolick person James Fairly sometimes Bishop of Argile was thrust out by the Covenanters 1638. and afterwards renounced his Bishoprick and accepted a private charge Anno 1662 Fletcher Rector of was preferred to the place who dying Anno 1665. William Scrougy Parson of Raphan in Aberdeenshire was preferred to the place he governed the See nine years and died at Dumbarton Anno 1675. Unto him succeeded Arthur Ross who since is translated to Glasgow The Diocess of Argile contains the Countries of Argile Lorn Kintire and Lochabyr with some of the West Isles such as Lismore c. The Arms of the See of Argile are Azure Two Crosiers disposed in Saltier and in chief a Miter Or. Bishops of the Isles Since the Restauration of Bishops Robert Wallace Rector of Barnwell in the Sheriffdom of Air was made Bishop of this See Anno 1602. John Lesly was Bishop of this See and after was translated to the Bishoprick of Rapho in the Province of Armagh in Ireland he lived in King James the Sixth's time a consecrated Bishop and in King Charles the first 's time in the late Rebellion he was a great sufferer being sequestered and plundered yet he out-lived all this misery and at the Restauration of Bishops in Ireland he was restored to his former Bishoprick in Rapho He was the antientest consecrated Bishop in Christendom To him Neil Campbell Rector of succeeded 1602. in the Bishoprick of the Isles who was thrust out by the Covenanters 1638. A List of the Archbishops and Bishops of Scotland The Archbishop of St. Andrews The Archbishop of Glasgow The Bishops of Edinburgh Galloway Dunkeld Aberdeen Murray Ross Brichen Dumblane Caithnes The Isles Argile Orkney The Bishops of Scotland take their places thus St. Andrews Glasgow Edinburgh Galloway the rest according to the Seniority of their Consecrations Here observe that Mr. Colin Faulconer formerly Minister of Forress was preferred to the Bishoprick of Murray CHAP. X. Of Bishops Jurisdictions Of their Commissaries Of the Court of Session Of Presbyteries A List of the Presbyteries of Scotland Of Synods Of the General Assembly HAving given this former Account of the Bishops according to their Successions it will seem convenient to add something concerning their Jurisdictions which is committed to their Substitutes Every Bishop hath under him one Official or Commissary