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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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the family of the Stewarts and is now in the Person of King Charles the Second His Majesties Title is Dei Gratia of Scotland England France and Ireland King defender of the Faith whom God long preserve in the Throne of his Ancestors upon the Death of a King there is no Inter-Regnum the next Heir is presently King the Coronation being only a solemn Instalment in that which was his right before before their Coronation they hold only convention of Estates but no Parliaments before they are Crowned A Convention of Estates is made up of the same Members that constitute a Parliament but can make no Laws only they can lay impositions on the Subjects They do not sit in State they have been most used before the Kings were Crowned the Lord Chancellor is president in the Convention of Estates as well as in Parliaments When a King is Crowned he swears the Oath appointed to be taken at the Coronation which before the Reformation was no other than that set down in the Roman Pontificial sworn by Kings for there is no provision made about it in our Law but at the Reformation it was enacted That all Kings at the time of their Coronation should make their faithful promise by Oath to govern according to Law and maintain the Protestant Religion c. which Oath is to be found in that Act of the first Parlia Jac. 6. C. 8. Anno 1567. Prerogatives of the Crown The Prerogatives of the Crown are great as Power of Peace and War the Power of raising and arming the Subjects the Power of the Mint the nomination of all Officers both of State and of War and of Justice except some Sheriffs that are such by Inheritance the Power of calling adjourning Prorogation is not in our Law and dissolving of Parliaments the giving the Votes of Parliament the Authority of Laws the executing of the Law and the pardoning of offences are wholly and only in the Crown Church Government But to these since His Majesties Happy Restauration great additions hath been made In the Reign of King James the sixth the Power of general Assemblies was raised very high by Law which occasioned the sad disaster in the Church and laid a foundation to all the late troubles of the State notwithstanding the Supremacy in Ecclesiastical Affairs was alwaies in the Crown since the Reformation yet it was pretended as contrary to Law for the King to introduce any thing into the Church without the consent of the general Assembly It was therefore enacted in Parliament Act 1. 2. Parl. held by the Duke of Lauderdale That the external Government and polity of the Church was wholly in the King's Power and that his Order sent to the Privy Council and published by them about all Ecclesiastical Matters Meetings and Persons were to be obeyed by his Subjects any Law or practice to the contrary notwithstanding So that in all matters that relate to the Church-Government the King's Power is absolute Militia The second point is concerning the Militia By the Antient Laws of Scotland all the Kings Subjects were to assist him in Wars upon which a great Enlargement of the King's Prerogative was grafted at last by two Acts of Parliament The Kingdom of Scotland offering to the King to Raise and Arm twenty thousand Foot and two thousand Horse and to furnish them with forty daies Provision to march into any of His Majesties Dominions of Scotland England or Ireland for suppressing any Forein Invasions Intestine Trouble or Insurrection or for any other Service wherein His Majesties Honour Authority or Greatness may be concerned And these Forces by another Act are to give due Obedience to all such Directions as they shall receive from His Majesties Privy Council Trade A third point is The ordering and disposing of Trade with Forein Nations and the laying of Restra●nts and Impositions upon Forein Imported Commodities which is declared a Prerogative of the Crown With these Sacred Prerogatives is the Crown of Scotland invested not inferiour to any Crown in Europe for its Dignity and Power The King only and the King alone by His Royal Prerogative hath Power without Act of Parliament to declare War to make Peace make Leagues and Treaties with any Forein States give Commissions for levying Men and Arms by Sea or ●● Land yea for pressing Men 〈…〉 The King only and the King alone disposes of all Magazines Ammunitions Castles Fortresses Ports Havens and publick Moneys The King appoints the Metal Weight purity and value of Money and by his Proclamation any Forein Coin may be lawful The King by His Royal Prerogative of His meer will and pleasure may convoke adjourn remove and dissolve Parliaments may to any Act passed in Parliament refuse to give without rendring any reason His Royal Assent without which a Bill is a meer Chimera May at His pleasure encrease the number of the Members of Parliament as daily experience testifieth by creating more Barons and bestowing priviledges upon other Towns to send Burgesses to Parliament Yea may call to Parliament by Writ whom His Majesty thinketh fit and may refuse to send His Writ to others that have sate in other Parliaments His Majesty alone hath the Choice and Nomination of all Magistrates Counsellours and Officers of State of all Bishops and other High Dignities of the Church the bestowing of all Honours both of the higher and lower Nobility of Scotland It is in the power of the King alone to chuse and name all Commanders and other Officers at Sea or Land The power of determining Rewards for Services and Punishments for Misdemeanours The King by His Letters Patent may erect new Counties Bishopricks Universities Cities Burroughs Hospitals Schools Fairs Markets Courts of Justice and Free Warants c. The King by His Prerogative hath power to enfranchise an Alien whereby he is enabled to purchase Houses or Lands and to bear some Offices Hath power to grant Letters of Mart or Reprisal No Proclamation can be made but by the King The King only can give Patents in case of Losses by Fire to receive the Charitable Benevolences of the people without which no man may ask it publickly The King by His Prerogative is Vltimus Haeres Regni and is the Receptacle of all Estates when no Heir appears For this cause all Estates for want of Heirs or by forfeiture fall to the King All Spiritual Benefices for want of Presentation by the Bishop are lapsed at last to the King all Mony Gold Silver Plate found and the owners not known belongs to the King so all Wayfs Strays Wrecks not granted by him or any former Kings all wast Ground or Land recovered from the Sea all ●ands of Aliens before Naturalization and all things whereof the property is not known all Gold and Silver Mines in whose Ground soever they are found The King's Power in the Church In the Church the Kings Prerogative is great he only hath the Patronage of all Bishopricks none can be chosen whom he
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
or not approve only these who are not satisfied one way or another say Non liquet which is a great ease to those who are conscientious and a common refuge to the cunning Politician The major Vote carries it No Dissents or Protests are allowed in publick Acts these are accounted Treasonable but in private Acts that relate to mens Properties and Rights any one may protest for his Interest After all business is ended the King or his Commissioner makes a Speech to the Parliament Assembled after which they are Dissolved Sometimes the King His Majesty makes use of a Convention of Estates which can make no Laws only by this Meeting Impositions are laid upon the Subjects they do not Sit in State and have been most in use before the Kings were Crowned Whatever Acts are passed in Parliament or Convention of Estates are to be proclaimed soon after the Dissolution at the publick Market-Cross of Edinburgh by the Lyon King at Arms with a great deal of State and Ceremony after which they are obligatory on the Subjects And it is Enacted that none of the Lieges shall presume to impugn the Dignity and Authority of the Three Estates or any of them in time coming under the pain of Treason the Authority of the Parliament being the Supreme Court it is not impertinent to give a List of the Nobility of the Kingdom of Scotland with their Precedency which is as follows with their Surnames A List of the Nobility of the Kingdom of SCOTLAND Dukes His Royal Highness the Duke of Albany The Duke of Hamilton his Surname Hamilton The Duke of Surnames Buccleuch Scot. Lauderdale Maitland Lenox Lenox Rothes Lesley Marquesses and their Surnames The Marquess of Surnames Huntley Gordone Douglas Douglas Montross Grahame Athol Murray The Earls of Earls Surnames Argile Campbell Crawford Lindsey Errol Hay Marishall Keith Southerland Southerland Marr Ereskine Airth Grahame Morton Douglass Buchan Ereskine Glencairn Cunninghame Eglington Montgomery Cassiles Kennedy Murray Stewart Caithness Sinclare Nithisdale Maxwell Wintoune Seatoune Linlithgow Livingstone Home Home Pearth Drummond Dumfermling Seatoune Wigtoun Fleming Strathmore Lyon Abercorn Hamilton Roxborough Ker Kelly Ereskine Haddington Hamilton Galloway Stewart Seaforth Mac-kenzy Louthian Ker Kinnoule Hay Loudoun Campbell Dumfreis Creighton Queensbury Douglass Sterling Alexander Elgine Bruce Southesk Carnaigy Traquair Stewart Ancram Ker Weimes Weimes Dalhousy Ramsey Airly Ogilvy Callender Levingstone Carnwath Dalziel Finlator Ogilvy Leven Lesley Annandale Johnstone Dysert Murray Panmuire Mauld Twedd●le Hay Northesk Carnaigy Kincardin Bruce Forfar Douglass Balcarres Lindsey Middleton Middleton Aboyne Gordone Tarras Scot Newburgh Livingstone Kilmarnock Boyd Dundonald Cochraine Dumbarton Douglass Kintore Keith Broad Albyne Campbell The Viscounts of Viscounts Surnames Faulkland Carey Dumbarr Constable Stormont Murray Kenmure Gordone Arbuthnet Arbuthnet Frendaret Creightone Kingstone Seatoune Oxenford Macgill Kilsyth Livingstone Irwing Campbell Dumblane Osborne Preston Grahame Newhaven Sheene The Lords of Lords Surnames Forbes Forbes Saltone Frazier Gray Gray Ochiltry Stewart Cathcart Cathcart Sinclare Sinclare Mordington Douglass Semple Semple Elphingstone Elphingstone Oliphant Oliphant Lovat Frazier Borthwick Borthwick Rosse Rosse Torphighen Sandilands Spyne Lindsey Lindoris Lesley Balmerinoch Elphingstone Blantyre Stewart Cardrosse Ereskine Burghly Balfour Maderty Drummond Cranstone Cranstone Melvil Melvil Neaper Neaper Cameron Fairfax Cramond Richardson Rae Macky Forrester Bailzy Petsligo Kirkudbright Mac-cleland Frazier Frazier Bargany Hamilton Bamf Ogilvy Elibank Murray Dunkeld Galloway Halcarton Falconer Belhaven Hamilton Abercromby Sandilands Carmichael Carmichael Rollo Rollo Colvil Colvil Duffus Southerland Ruthven Ruthven Mac-Donald Mackdonald Rutherford Rutherford Balanden Balanden Newark Lesley Burntisland Weimes Name Nobiles quasi viri noscibiles or notabiles In all Christian Monar chies men that have been notable for courage wisdom wealth and have been judged fit and worthy to enjoy certain priviledges titles dignities honours c. above the common people have been placed in an higher Orb and have been as a shreen between the King and the inferiour Subjects to defend the one from Insolencies and the other from Tyranny to interpose by their Counsel Courage and Grandure where common persons dare not ought not be so hardy to support the King and defend the King and Kingdom with their Lives and Fortunes The Nobility of Scotland is called the Peerage of Scotland because they are all pares Regni that is nobilitate pares though gradu impares Degrees The Degrees of the Nobility are only five viz. Duke Marquess Earl Viscount and Baron These are all Peers but the four first are for State Priviledge and Precedence above and before these who are Barons only Duke A Duke in Latine Dux à ducendo Noblemen being antiently either Generals and Leaders of Armies in time of War or Wardens of Marches and Governours of Provinces in time of Peace afterwards made so so for term of life A Duke is created by Patent cincture of Sword imposition of a Cap and Coronet of Gold on his head and a Verge of Gold put into his hand Marquess Marchio a Marquess was first so called from the Government of Marches and Frontier Countries A Marquess is created by a cincture of a Sword imposition of a Cap of Honour with a ●oronet and delivery of a Charter or Patent Earls Earls antiently called Comites because they were wont comitari Regem to wait upon the King for Counsel and Advice An Earl is created by the cincture of a Sword A Mantle of State put upon him by the King himself A Cap and a Coronet put upon his head and a Charter in his hand Viscount Vice-Comes quasi vice Comitis gubernaturus Comitatem a Viscount is so made by Patent Barons The word Baron was used for Vir in the Laws of the Longobards and of the Normans as at this day in the Spanish it is used for the same so that a Baron is vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by excellency or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vir notabilis principalis Barons are sometimes made by Writ when they are called to sit in Parliament but most usually by Parliament All the forementioned Degrees have the title of Lord All Honours in Scotland are given by the King who is the sole Fountain of Honour None of these Honours bestowed on a Family by the King can be lost but by want of Issue or else by some heinous Crime of Treason and then that Family cannot be restored to their Blood but by the King The several Degrees of the Nobility are differenced and distinguished one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent an● Noble Prince A Marquess Most Noble and Potent Lord an Earl Most Noble and Potent Lord a Viscount Right Noble and Potent Lord and a Baron Right Noble Lord. Their Coronets are all different A Baron hath six Pearls upon the Circle A Viscount hath his Circle of Pearls without number An Earls Coronet hath the Pearls raised The Marquess a Pearl and Strawberry leaf
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 Circu●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 Commi●●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 Bu●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 P●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 Jedbu●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 Gare●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 r●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 Brethr●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
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
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
material as will appear by his further perusal Kind Reader use me discreetly in your censures being it is the first undertaking and if kindly received may be an encouragement for me to serve you hereafter upon some other as necessary occasion Consider it may happen that your own Works may be published which likewise you would desire to be received with kind entertainment Quod ●ihi fieri non vis alteri ne feceris expecting your good construction of this will be the greatest encouragement I can have hereafter to be serviceable to you Farewel A. M. THE CONTENTS Chap. 1. Page 1. OF Scotland in general Of its Name Climate Dimensions Division Air Soil Commodities Moneys Measures Weights Buildings c. Chap. 2. Page 16. Of the Laws of Scotland Of Registers of Letters of Horning and Caption c. A List of all the Kings of Scotland to His present Majesty Of the Descent of the Crown What a Convention of Estates is The Prerogatives of the Crown Chap. 3. Page 37. Of Succession of the next Heirs to the Crown of Scotland Chap. 4. Pag. 55. Of the present Princes and Princesses of the Blood Chap. 5. Page 72. Of the Chief Officers of State Of the Parliament The Manner of their Election Of the Riding of Parliament The Chusing the Lords of the Articles A List of all the present Nobility of Scotland Of the Privy Counsel with a List of the present Members thereof Of the Colledge of Justice Of the Justice Court of the Exchequer Chap. 6. Page 116. Of Inferiour Courts Of Sheriffdoms A List of the Shires of Scotland with the Names of the present Sheriffs Of Courts of Regalities Of a Barons Court Chap. 7. Page 127. Of the Burroughs of Scotland Of Burroughs Royal Burroughs of Regalities and Burroughs of Baronies Chap. 8. Page 135. Of the Court of Admiralty Of the Government of the Militia Chap. 9. Page 141. Of the Church Government Chap. 10. Page 182. Of Bishops Jurisdiction Of their Commissaries Of the Court of Session Of Presbyteries A List of all the Presbyteries of Scotland Of a Synod Of the General Assemblies Ch. 11 12 13 14. P. 196 c. Of the Vniversities of Scotland A List of all the Commissioners that have been in Scotland since King James the 6th 252 A Catalogue of the Chancellors of Scotland since the year 1198. 257 Writers of the Scottish History 260 Books Printed for Jonathan Wilkins Bookseller at the Star in Cheapside next Mercers-Chapel A Philosophick Discourse concerning Man being the Anatomy both of his Soul and Body wherein the Nature Origin Union Immateriality Immortality Extension and Faculties of the one and the Parts Humors Temperaments Complexions Functions Sexes and Ages respecting the other are concisely delivered by S. H. Student in Physick In 12. New and Curious Observations on the Art of Curing the Venereal Disease and the Accidents that it produces in all its Degrees Explicated by Natural and Mechanick Principles with the Motions Actions Effects of Mercury and its other Remedies wherein are discovered on the same Subject the Errours of some Authors and the most notorious Cheats of Ignorant Pretenders Written in French by Monsieur de Blegny Chyrurgion in Ordinary to the French Queen and Englished by Walter Harris Dr. of Physick lately Fellow of New Colledge in Oxford In 80. Miracles of Art and Nature Or a Brief Description of the several Varieties of Birds Beasts Fishes Plants and Fruits of other Countries With several other remarkable things in the World By R. B Gent. In 80. The Cities Exaltation by Uprightness A Sermon preached at Guild-Hall Chapel on Sunday June 6 1680. before the Right Honourable Sir Robert Clayton Lord Mayor of the City of London and the Court of Aldermen By John Rowley Rector of Hemmingford-Abbots in the County of Huntington Modesty Triumphing over Impudence Or some Notes upon a late Romance published by Elizabeth Cellier Midwife and Lady Errant Together with the Depositions of Richard Adams of Lincolns-Inn Esq against her before His Majesty and the Right Honourable the Lords of His Majesties Privy Council OF SCOTLAND In General CHAP. I. Of its Name Climate Dimension Division Air Soil Commodities Moneys Weights Measures and Buildings SCotland maketh the Northern Part of Great Brittain it hath on the East the German Ocean on the North the Deucalidon Sea the West is affronted with Ireland and is divid●d from England by the Rivers Tweed and Solway and the Cheviot hills Name The name of Scots from which the Kingdom is called Scotland Originally is derived from Scota Daughter to Pharoah King of Aegypt The Ancient Histories of the Kingdom by unanimous consent give this account of the Inhabitants of this Island retaining that name unto this day Scota being given in Marriage to Gathelus Son of Cecrops King of Athens in consideration of the eminent service and assistance he perform'd in a War that Pharoah had against the Ethiopians to whose Valour and the Grecians that accompanied him the King imputed the Victory Gathelus deserving so we●● the Kings Daughter was given to him in Marriage while Pharoah l●●●d Ga●helus was in esteem with the ●●ople having encreased his reputa●●●● as well ●● h●s Lands shortly after Pharoah dying his Son of the same name who so cruelly tormented the Israelites with Taxes and Bondage having no regard to Gathelus or his Services began to use him inferiour to what might be expected Notwithstanding of this hard measure Gathelus willingly would have afforded this Pharoah his Service upon all occurrences but being warned of the Plagues that should happen to the Egyptians he made preparations to remove into some other Country which he intended to have been Numidia but being hinder'd to land there he set Sail passing thorow the Streights taking some valiant Grecians along with him he at last landed in a part of Spain then called Lusitania but by reason of his Arriva● Port-gathell now Portangell This is said to be in the Year of the world 2453. After he had conquered this People he came to 〈◊〉 North of Spain where by reason of ●is abode there was a Colony of 〈◊〉 whom he named Scots from 〈…〉 Scota having two Sons Hiber and Himicus whom he sent to an Island which he heard was opposite to Spain on the North which afterwards had its name from Hiber being called Hibernia now Ireland the People of the Isle being easily conquer'd a great many Scots from Gallicia in Spain being the name of the Colony where Gathelus first setled were sent hither keeping their name still After sundry engagements with the Inhabitants the Scots in Ireland became the stronger and greater Party of these descended many Valian● and Noble Men who came with Fergusius the first King of Scotland to fight against the Picts who cruelly and barbarously at that time insulted over some Scots who landed in Albion being formerly of the Scots in Ireland Fergusius the first King of Scots in Albion now Scotland Son to Ferqu hard King of Ireland was Crown'd
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
unpunish'd in case of Treason against the King who cannot be said to have any will and so cannot offend who during his Idiocy or Lunacy shall kill or go about to kill the King he shall be punish'd as a Traytor yet being non compos mentis the Law holds he cannot commit Felony or petty Treason nor other sorts of High Treason Moreover for the precious regard of the Person of the King no Physick ought to be administred to the King but what his Physicians prepare with their own hands and not by the hands of an Apothecary and to use no Chyrurgions but such as are sworn the King's Chyrurg●ons All His Subjects by Oath of Allegiance are obliged and bound to defend His Person in his natural as well as political capacity with His own life and limbs He is Pater Patriae dulce decorum est pro Patria mori To lose life or limb in defending the King from Conspiracies Rebellions or Invasions or the Execution of His Laws should seem a pleasant thing to every Loyal hearted Subject The King's Revenue anciently consisted most in Crown-Lands which could not be alienated but by Act of Parliament and in the Wards and Marriages of the Vassals of the Crown But most of these have been of late years given away and most of the Tenures of Lands are changed although there has been no general Law for taking away the Wards The Revenue is now raised out of the Customs and Excise The last is given this King for life but the former is in the Crown for ever The rest is raised out of what remains of the Crown-Lands and the Wards The King of Scotland beareth for his Soveraign Ensigns Armorial as followeth a double Tressure counterflowered de Lys Or and a Lion Rampant Gules Of the Present Queen of Scotland England c. Donna Catherina Infanta of Portugal being Queen Consort of Scotland England c. and the Second Person in the Kingdoms was Daughter of Don Juan the fourth of that Name King of Portugal and of Donna Lucia Daughter of Don Guzman El bueno a Spaniard Duke of Medina Sidonia who was Lineally descended from Ferdinando de la Cerde and his Consort Blanche To whom Lewis King of France her Father relinquisht his Right and Title to Spain descended to him by his Mother Blanche Eldest Daughter and Heir of Alphonso the Spanish King The Queen was born the fourteenth of Novemb. 1638. at Villa Vicosa in Portugal she was baptized Catherina signifying in Greek pure her Father being then Duke of Briganza though right Heir of the Crown of Portugal the most potent Subject in Europe for a third part of Portugal was holden of him then in Vassallage The Queen is only Sister at present of Don Alphonso the sixth of that Name and twenty third King of Portugal ●orn 1643. Hath another Brother more called Don Pedro born 1648. who is now Regent of the Kingdom of Portugal Having been most carefully and piously educated by her Mother and at the Age of twenty two desired in Marriage by King Charles the Second the Marriage not long after concluded by the Negotiation of Don Francisco de Melo Con. de Ponte Marquis de Saude and then Extraordinary Ambassadour of the King of Portugal and solemnized at Lisbon she embarkt for England upon the twenty third of April 1662. and was safely by the Earl of Sandwich conducted by a squadron of Ships to Portsmouth where the King first met her and was Re-married by the then Bishop of London who afterwards was Archbishop of Canterbury On the 23d of August 1662. Her Majesty coming by Water from Hampton Court was with great pomp and magnificence first received by the Lord Mayor and Aldermen of London at Chelsey and thence conducted by Water to Whitehall The Portion she brought with her was eight hundred millions of Reas or two millions of Crusadoes being about three hundred thousand pounds sterling together with that important place of Tangier upon the the Goast of Africk and the Isle of Bombaim near Goa in the East-Indies with a priviledge that any Subjects of the King of Great Britain c. may Trade freely in the East and West-Indies Plantations belonging to the Portugues The Queen's Joynture by the Articles of Marriage is thirty thousand pound sterling per annum and the King out of his great affection toward her hath as an Addition settled upon her 10000 l. per annum more The Queen's Arms as Daughter to the King of Portugal is Argent Five Scutcheons Azure cross-wise each Scutcheon charged with Five Plates or Besants Argent saltier-wise with a Point sable the Border gules charged with Six Castles Or. Queen Catherine is a Personage of rare perfections of eminent Piety and Modesty and extraordinary Religious and Charitable CHAP. IV. Of the present Princes and Princesses of the Blood And first of the Duke of Albany and York THE First Prince of the Blood is the most Illustrious Prince James Duke of Albany and York Second Son to King Charles the Martyr and only Brother to the present King our Sovereign He was Born Octob. 14. 1633. the 24th of the same month was Baptized and afterward committed to the Government of the then Countess of Dorset There was no Ceremony used in England when he was created D. of York which was the 27. of July 1643. the iniquity of these times not admitting thereof Scotland not being so happy as to have him or any of the Royal Family at that time among them After the Surrender of Oxford His Royal Highness was in 1646. conveyed to London by the prevailing disloyal Part of the Two Houses of Parliament and committed with his Brother Glocester and Sister Elizabeth to the care of the Earl of Northumberland In the year 1648. Aged about Fifteen was by Collonel Bampfield conveyed in a disguise or habit of a Girl beyond Sea first to his Sister the Princess Royal of Orange in Holland and afterwards to the Queen his Mother then at Paris where he was carefully educated in the Religion of the Church of England and in all Exercises meet for such a Prince About the Age of Twenty in France he went into the Campagne and served with much Gallantry under the great Commander the then Protestant Mareschal de Turene for the French King against the Spanish Forces in Flanders Notwithstanding which upon a Treaty between the French King and Cromwell the Usurper in 1655. being obliged with all his Retinue to leave the French Dominions and invited into Flanders by Don Juan of Austria he there served under him against the French King then leagued with the English Rebels against Spain where his Magnanimity and Dexterity in Martial Affairs though unsuccessful were very eminent In the year 1660. came over with the King into England and being Lord High Admiral in the year 1665. in the War against the United States of the Netherlands commanded in Person the whole Royal Navy on the Sea between England and Holland where
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 Lo●hleiven and the Ochell Hills E. of Morton The shire of C●uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila ●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 le●●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
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
Pastors of the Church The great diminution of the Revenues of the Clergy the little careof augmenting and defending the Patrimony of the Church is the great reproach and shame of the Scottish Reformation and will it 's to be feared prove one day the ruine of Church and State The Observations of the judicious Mr. Hooker concerning the English Church may be applyed to ours How the Church was every day robb'd of her Dues and that it was then an Opinion rife that to give to the Church smelt of Judaism and Popery and to take from the Church what our Ancestors had given was Reformation This pious Divine declared that what Moses saith in the 90th Psalm was likely to be verified of God's Service and Religion The Time thereof may be Threescore years and Ten if it continue till Fourscore it will be but small joy to those that shall then behold the condition of the Church The best Historian cannot produce one example of a happy state where the Clergy hath been exposed to the contempt of the People which must needs happen where their Benefices and Maintetenances are scandalous and their Persons thereby rendred contemptible and despicable It is the last Trick saith St. Gregory that the Devil hath in the world when he cannot bring the Word and Sacraments into disgrace by Heresies and Errours he inventeth this project to bring it into contempt and low esteem as it is now in Scotland where they are accounted by many as the dross and refuse of the Nation Men think it a stain to their blood to place their Sons in that Function and Women are ashamed to marry with any of them whereas antiently the Function of the Clergy was of so high account and esteem that not only the best Gentry and Nobility but divers of the Sons and Brothers of our Scottish Kings disdained not to enter into holy Orders and to be Clergy-men as at this day is practised in most other Monarchies in Christendom While this Policy lasted the Clergy were judged the fittest persons to execute most of the chief Offices and Places of the Kingdom and the Laity did with much reverence and esteem submit to them Great was the Authority of the Clergy in those daies and their memory should now among us be precious They were never wanting to the King by their seasonable Advice and Counsels But above all we owe a great Reverence to the Bishops in converting Scotland to the Christian Religion and to many of them in being instrumental in reforming that Religion when corrupted And since that the Maintenance thereof against all Romish Writers and of the Discipline thereof against all the Practices and Power of the Schismaticks All this and more is owing to Bishops and Pastors by the late want of whom to sit at the Stern how soon was the Church split upon the Rocks of Anarchy and confusion Notwithstanding of their Worthiness and Piety it is observed by strangers that the iniquity of the present Times in Scotland is such that the Orthodox Clergy are not only hated by the Romanists on the one side and maligned by the Schismaticks on the other side but also of all the Christian Clergy of Europe whether Romish Lutheran or Calvinian none are so little respected obeyed or rewarded as the present Pious Learned Loyal and Orthodox Clergy of Scotland even by those who have alwaies professed themselves of that Communion Having given an account of the Dignity of Bishops and the respect due to them and the esteem they have had even in the Kingdom of Scotland where of late their Successors have been exposed to contempt and disgrace The next Attempt shall be to be particular in what relates to the rest of the Bishops and their Sees Of the Archbishops of Glasgow The first after the Restitution of the Hierarchy was Dr. Andrew Fairfoul Preacher in Dunce who governed that See little above a year Upon whose Death Anno 1664. Alexander Burnet Bishop of Aberdeen was translated to Glasgow and since that time to St Andrews Arthur Bishop of Argile was translated to Glasgow who now governs the See The Cathedral of Glasgow a very magnificent Structure was built by Bishop John Achaian 1135. It oweth thanks to the memory of King James the Sixth for its preservation from utter Ruine The Ministers of Glasgow persuaded the Magistrates to pull it down and to build two or three Churches with the materials thereof The Magistrates condescending a day was appointed and Workmen ready to demolish it The Trades-men having notice given them of this design convene in Arms and oppose the Magistrates threatning to bury the Workmen under the Ruines of that Antient Building Whereupon the matter was referred to the King and Council who decided the controversie in the Trades-men's favours reproving the Magistrates very sharply The Diocess of Glasgow contains the Counties or Shires of Dumbarton Ranfrow Air Lanerick Peebles and Selkirk part of the Shires of Roxburgh and Dumfreis The Coat Armorial belonging to the See of Glasgow is Argent St. Ninian standing full fac'd proper clothed with a Pontificial Robe Purple on his head a Miter and in his dexter hand a Crosier Or. Of the Bishops of Edinburgh The Bishoprick of Edinburgh was founded by King Charles the First of glorious memory about the year 1633. and by him amply Endowed Anno 1662. George Wishart Dr. of Divinity was promoted to this Bishoprick This worthy Divine was in the year 1638. Preacher at Leith and for his Loyalty had very hard measure from the Covenanters being thrice plundered of all he had and thrice imprisoned in a filthy stinking Gaol being delivered from thence he went beyond Sea with the Marquess of Montross 1646. He was a person of great Integrity and well seen in History Upon his Death Alexander Young Archdeacon of St. Andrews was preferred to this Bishoprick and since was translated to the See of Ross After him John Paterson Bishop of Galloway was translated to Edinburgh who now governs the See The Cathedral Church is that of St. Giles of old a Collegiate Church a vast and magnificent Structure it is at present divided into three partitions three whereof are allotted to God's Publick Worship The Diocess of Edinburgh contains the Shires of Edinburgh Linlithgow and Berwick The Constabulary of Haddington and Bailiary of Lauderdale The Arms of the See of Edinburgh are Azure a Saltier Argent in chief a Miter of the Second Garnished Or. Bishops of Galloway Anno 1606. The first Bishop of this See after the Reformation was Gawin Hamilton a worthy person His Successor Anno 1614. was Will. Couper a Learned and Pious Prelate Afterwards was preferred to this See a Learned and Worthy Prelate Thomas Sydserfe he was put out by the Covenanters 1638. and upon the Restitution of the Episcopal Estate was translated to Orkney about which time James Hamilton Rector of Cambusnethan was promoted to the Bishoprick unto whom succeeded John Paterson since translated to Edinburgh in whose
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
inclined to Bruce his Right he dealt with him promising to invest him in the Kingdom so as he would hold the same Crown of England Bruce answered that he was not so desirous of Rule as he would therefore prejudice the Liberties of the Kingdom being it was sufficiently known that Scotland from the first Foundation of the State had been a Free and Independent Kingdom and not subject to any other power whatsoever The like offer he made to the other who being more greedy of a Kingdom than careful of his Honour did yield thereunto Afterwards Baliol assisted with the Nobility did meditate upon a Revenge of King Edward's proceedings with him in that Juncture of Time by forcing Baliol to swear subjection to him at which the Nobility were so much displeased About this Time King Edward sent to crave a supply of men to be sent him by virtue of the Late Allegiance sworn by Baliol which was utterly rejected as unjust he having then War with France Upon this defection of Baliol King Edward entered into Scotland with a mighty Army and prevailed Baliol being overthrown King Edward his Course for Extirpating the Scots And now did the State seem to be wholly ruined for Edward intending to make sure his Title led away captive all that had the least ability to stir and to extinguish if it had been possible the very memory of the Nation He abolished all the Antient Laws of Scotland traduced the Ecclesiastical Rites to the Forms of England destroyed the Antient Monuments erected either by the Romans or their own Progenitors bu●nt all the Registers with that famous Library of Restennoth wherein besides many other Volumes were reserved the Books which King Fergus the Second brought with him from Rome removed the Marble Chair in which as the Vulgar believed the Fate of the Kingdom did consist In fine left nothing which might incite generous spirits to remember their former Fortunes or encourage them in any sort to virtue worthiness which makes any account of the Kingdom as to its Registers the less voluminous This is not a place to declare how the English afterward at Banockb●rn were wholly defeated without leaving any to carry the News thereof into England but this would be too great a digression The next thing to be considered is What that Monster of Rebellion Cromwell I mean thought fit as a very valuable pledge to send to the Tower of London viz. all the publick Registers Records and Rolls of the Kingdom which lay there till His Majesties happy Restauration after which by the King's Orders they were sent down by Sea to be laid up in the Castle of Edinburgh but the Ship that was loaden with them was cast away near the Holy Island so they were all irrecoverably lost and sunk Dempster in his Apparatus to the Scottish History promised a great many things to the World which he never performed Some have thought that he only amused the People by the undertaking he mentions in that Book Others believed that he knew a great many Manuscripts beyond Sea which were carried thither by Monks and Friers at the Reformation In most Religious Houses there was a Chronicle written of the Times some in Rithme English and Latine some in Prose but there cannot be much made out of them they being full of Legends and Stories There are besides very considerable Manuscripts in Scotland that relate to private Families and give an account of several publick Transactions as the Histories of the Families of the Drummonds Gordons and Duglass's c. But they all come far short of what might have been expected from these Registers that have been lost and destroyed Therefore we must rely upon the Credit of our Antient Historians being there are no means left to correct them by FINIS