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 Restraâ—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 â—â— 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 â—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
Oats as also Butter and Cheese There are likewise wild Ducks wild Geese c. and many sorts of Sea Foul for Raiment there is no want of very fine Wooll for the Country People are cloath'd with freezes fit to defend them in their work from the cold There is likewise plenty of Hemp and Flax as for linnen Cloath it is inferiour to none for its goodness For Building it wants not Stone Slate Alabaster Marble Morter nor Lime For firing Sea Coal or Pit Coal almost every where at reasonable rates and where this is wanting in some places Wood and in others Turfs or Peats Moreover Scotland produceth a great quantity of Tin Lead Copper Allom Salt Hops with several silver Mines it is counted to be richer under ground then above by reason of the Mines which when tryed yield much in their quantities of Ore Coyns As to the Coyns note that 13½ d. sterl makes a Mark or 13 Shil 4 d. Scotish 20 d. sterl is 20 Shil or a Scotish l. and 20 Shil sterl is 18 Scotish Marks Measures and Weights The Measures for length is the Ell and is about 4 per cent greater than the English Ell. The liquid Measures are such as are in England but of a double continent a Pint being almost two English Quarts and a Scotish Quart one English Gallon and so answerable Their dry Measures are likewise of a bigger continent than these in England Buildings The Churches are of solid Stone most of the Cathedral and Collegiate Churches demolished and by what remains of some may be judged to have been very ample and magnificent The first Reformers being more zealous than prudent in rasing from the very foundation most of the renowned Abbies and Churches Houses in Cities are built with Stone and in many places covered with Slate The Houses of the Nobility and Gentry are well furnished being all built with Stone not much valuing Tile or Brick CHAP. II. Of the Laws of Scotland The Names of Kings the Kings Power and Prerogatives how long the Crown hath been in the Family of the Stewarts what a convention of Estates is THE Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliament or of the Custom and Practices of the Colledge of Justice which are held of no less force than Acts of Parliament and when neither of these contradicts the Civil Law is of force The Lawyers being generally great Civilians for they go to Leiden Poictiers or Bourges to study the Civil Law in which some are learned to a high degree Registers The Law of Scotland is easy and regular by reason of Registers which are so full that Titles are much more easily learned where those Registers are than can be done without them by this means Men are not cheated in buying or conveying Estates which may appear from these following instances 1. No man can have a right to any Estate but by his being seised of it which is done by the delivery of Earth and Stone upon which an instrument is formed called a Sasine and this must be register'd within 60 days otherwise it is of no force by which means all secret conveyances are cut off for if no Sasine be past upon them or if these be not put in the Registers which every one may search the conveyance is of no force 2. All Bonds have a clause in them for inserting them in the publick Registers and they being Register'd without any further action by a Charge of six days the Debtor must make payment otherwaies Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under outlawery and Rebellion and forfeits to the King his Personal Estate and if he continues a year under it the liferent of his real Estate in which the Creditor is to be prefer'd for his interest the rest goes into the Exchequer By the Letters of Caption the party is seized on and put in Prison nor is his House a place of security but may be searched for him by the Letters of poynding the Debtors Goods may be distrained wherever they can be found A third instance is that any Creditor may serve a Writ on his Debtor called Letters of Inhibition by which he can make no disposition of his goods or Estate till the party be satisfied and is null and to no effect that he doth after if these Letters be returned Register'd within 21 days after they are served otherwaies they have no force thus this ancient Kingdom is govern'd by the Civil Law as in many other things might be instanced by which they securely enjoy what they have or may purchase The Kingdom of Scotland hath been govern'd by Kings in as long a Succession as any Nation in the World as by this ensuing Catalogue of the Kings may appear each of them lineally succeeding others since Fergusius the first King in the year from the Creation of the World 3641. Fergusius Feritharis Mainus Dornadilla Nothatus Rutherus Reutha Thereus Josina Finnanus Durstus Evenus 1. Gillus nothus Evenus 2. Ederus Evenus 3. Metellanus Caratacus Corbredus Dardanus Corbredus 2. Galdus Cog. Luctacus Mogaldus Conarus Ethodius 1. Satrael Donaldus 1. Ethodius 2. Athirco Nathalocus Findochus Donaldus 2. Donaldus 3. Crathlinthus Fincormachus Romachus Angusianus Fethelmachus Eugenius 1. Fergusius 2. Eugenius 2. Dongardus Constantinus 1. Congallus 1. Goranus Eugenius 3. Congallus 2. Kinnatollus Aidanus Kennethus Eugenius 4. Ferchardus 1. Donaldus 4. Ferchardus 2. Malduinus Eugenius 5. Eugenius 6. Amberkelethus Eugenius 7. Mordacus Etfinus Eugenius 8. Fergusius 3. Salvathius Aihajus Congallus Dongallas Alpinus Kennethus 2. Donaldus 5. Constantinus 2. Ethus Gregorius Donaldus 6. Constantinus 3. Milcolumbus 1. Indulfus Duffus Culenus Kennethus 3. Constantinus 4. Cog. Calvus Grimus Milcolumbus 2. Donaldus Milcolumbus 3. Donaldus Banus Duncanus Edgarus Alexander 1. Cog. Acer David 1. Milcolumbus 4. Guilielmus Alexander 2. Alexander 3. Joannes Balliolus Robertus Brussius David 2. Edw. Balliolus Robertus 2. Robertus 3. Jacobus 1. Jacobus 2. Jacobus 3. Jacobus 4. Jacobus 5. Henricus Stuartus cum Maria Stuarta JACOBUS 6. Carolus 1. Carolus 2. In all 109. The King is an absolute and unaccountable Monarch and as the Law calls him a free Prince of a Sovereign Power having as great Liberties and Prerogatives by the Laws of this Realm and priviledge of his Crown and Diadem as any other King or Potentate whatsoever so that is deliver'd as a maxim in the heads of our Law That o all jurisdiction stands and consists in the Kings Person by reason of his Royal Authority and Crown and is competent to no Subject but flows and proceeds from the King having supream jurisdiction and is given and committed by him to his Subjects as he pleases which clearly demonstrates his Royal Prerogative The Crown descends by Inheritance the Heir female not being excluded and to this day the undoubted Right to it has been above three hundred years in
Royal Palace of St. James's over which house the same day at noon was seen by thousands a Star and soon after the Sun suffered an Eclipse a sad presage as some then divined that this Princes power should for some time be Eclipsed as it hath been and some Subject signified by a Star should have extraordinary splendor Baptized Was Christened the 27th of June following by the then Bishop of London Dr. Laud. Had for his Godfathers his two Uncles Lewis the 13th King of France and Frederick Prince Palatine of the Rhein then called King of Bohemia represented by the Duke of Richmond and Marquis of Hamilton His Godmother being then the Queen Mother of France represented by the Dutchess of Richmond Had for Governess Mary Countess of Dorset In May 1633. he was first Knighted and immediately after he was made Knight of the Garter and installed at Windsor Education At the Age of Eight he had for Governour the Earl afterwards Marquis now Duke of Newcastle and after him the Late Earl of Barkshire and for Tutor or Praeceptor Dr. Duppa then Dean of Christ Church after Bishop of Salisbury and lately of Winchester At the Age of Twelve was with the King his Father at the Battel of Edge Hill and soon after at Oxford was committed to the care of the Marquis of Hertford About Fourteen years old was in the Head of an Army in the West of England At the Age of Fifteen a Marriage was proposed between him and the Eldest Daughter of the King of Portugal the Infanta Joanna since deceased Two years after was from Cornwal transported to the Isle of Scilly and after to Jersey and thence to his Royal Mother to St. Germains near Paris At this time the Parliament in England being at variance with the King A little time after he was at Sea with some Naval Forces endeavouring to rescue the King his Father then in the Isle of Wight out of the wicked hands of his Rebellious Subjects Not many months after upon the sad news of the horrid Murther of his Royal Father he was in Holland first saluted King and soon after proclaimed in Scotland being not yet nineteen years of Age. At the Age of Twenty from Holland he landed in Scotland June 1650. and in January following to the joy of His Loyal Subjects there he was Crowned at Scoone the place where his Ancestors had been Crowned At his Coronation there was this Solemnity A Reverend and Learned Divine Mr. Robert Douglass preaching a Sermon concerning the Dignity and Honour due to Kings all the Nobility being present he was invested with the Regalia The Crown being put upon his Royal Head he was by the joyful Acclamations of his people saluted King all of them present with one voice crying out God save the King God save the King God save the King These precise times not allowing the ordinary Rites of Coronation The third of September 1651. fought the Battel of Worcester whence after the unfortunate loss of his whole Army wandring in disguise about England for six weeks and most wonderfully preserved he was at length transported from a Creek near Shoram in Sussex to Feccam near Havre de Grace in France in which Kingdom with his Royal Brothers and divers Scotish and English Nobility Cleâ—gy and Gentry he was for some years received and treated as King of Scotland and England Afterwards he passed his time in Germany Flanders and Spain in the studies and exercises most befitting a Prince until the year 1660. at which time being at Brussels in the Spanish Territories perceiving a general inclination of his Subjects in England to receive him he providently removed himself to Breda within the Dominions of the United Provinces in the Netherlands and thence in May to the Hague After a little abode there by the humble invitation of his Scotish and English Subjects he imbarked at Scheveling the 23 of May 1660. and with a gallant Fleet and gentle gale of wind landed the 25th at Dover and on the 29th following being his Birth-day and then just 30 years of Age he entered into London being attended with most of the Nobility and Gentry of the Three Kingdoms where he was received with the greatest and most universal Joy and Acclamations and Magnificence that could possibly be expressed And on the 23d of April 1661. was Crowned with great Solemnity Ceremony at Westminster His Majesties life hath been full of wonders But three passages especially seem miraculous First at his Birth a bright Star seen over him at Noon-day by many thousands Secondly His escape in and after the Battel of Worcester when being in the very heart of England forsaken by all a summ of money by publick Act promised to those that should discover him and penalty of High Treason to any one that should conceal him when he was seen and known by many persons of all sorts and conditions whereof divers were very indigent and so very subject to be tempted with the proposed Reward and divers of the Female Sex and so most unapt to retain a secret When he was necessitated to wait so many weeks and appear in so many places and companies before a fit opportunity of Transportation could be found Thirdly His Majesties Restauration quippe impossibile fuit filium tot precationum tot lacrymarum tot miraculorum periisse that after so many years dispossession his most inveâ—erate potent subtle enemies in full and quiet possession on a sudden the desire of him should like Lightning or a mighty Torrent run over his Kingdoms in such a manner that he should be solemnly invited magnificently conducted and triumphantly received without blood blows bargain or any obligation to any Forein Prince or Potentate This was the Lord's doing and must for ever be marvellous in our eyes Justly might the Great Turk hearing of His Majesties Restauration declare if he were to change his Religion he would adore and worship the God of the King of Great Britain Of His Sacred Person of His Life and Safety the Laws of Scotland are so tender that it is High Treason only to imagine or intend the Death of the King And because by imagining or conspiring the Death of the King's Counsellors or great Officers of his Houshold the destruction of the King might ensue the Law hath provided they should be punished with Death The King's Person is in so high an esteem that to offend against those persons that represent the King as to kill some of the Crown Officers or the King's Judges or to counterfeit the King's Seal or his Moneys is made High Treason because by all these the King's Person is represented and High Treason is so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal His â—â—irs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them The Law by no means will suffer an Idiot or Lunatick to go
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 Chyrurgâ—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 â—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
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 Tweddâ—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 â—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 anâ— 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
THE PRESENT STATE OF SCOTLAND Scotiae Indiculum OR THE Present State OF SCOTLAND Together with divers Reflections Upon the Antient STATE thereof By A. M. Philopatris In Magnis voluisse sat est LONDON Printed for Jonathan Wilkins at the Star in Cheapside next Mercer's Chappel 1682. To the High-born and most Noble Prince Charles Duke of Lenox and Richmond his Grace Earl of Darnley and March Baron of Methwen and Seterington c. and Knight of the most Noble Order of the Garter My Lord THE disadvantages that Dedications have met with of late by reason of the Flatteries that have been contained in them have rendred them suspected of the same inconveniencies although not in the least intended That your Grace may not suffer in this too common a calamity this Ensuing Treatise offers it self to come into the critical Censures of the World under the Auspices of your Graces Protection having the Aid and Countenance of so great and Noble a Personage prefixt may in some manner take off the hard constructions of a great many It is not to be questioned but some will be apt to esteem it an audacious Enterprize to undertake to give an account of the Present State of Scotland a Monarchy so Antient as none in the World can exceed a Government so well Established in Church and State that it seems by serious Reflection that the Laws and Statutes of both are inviolable I say My Lord I may be called into question why so great a Conamen became the Subject of my Studies at this time when so many Learned and sagacious Scholars of that Kingdom have declined so useful an Undertaking To confess ingeniously my thoughts have been perpetually bent to serve my Country in some degree or other whereby I might manifest to the World the respect that is due to so Antient a Kingdom in which by a Lawful and Legitimate Descent of the Crown to this present King being an Independent Monarchy and an Imperial Crown none of the European Kings can hardly equal This Design of serving my Country was much prompted when none yet have published a Treatise apart concerning the constitutions of so well a Governed Kingdom If I shall be so unfortunate as to suffer any way by endeavouring to satisfie the World what my respects are for so well a constituted Government your Grace I hope will interpose for me knowing that no sinister end was proposed My Lord consider how regularly every Officer from the highest to the lowest degree move in the sphere of their Trust being ready to execute the Commands of their Master the King Consider how piously the Church is governed in all things submitting to Lawful Authority consider their Ecclesiastical Discipline that scarce any of the least Enormities in Life or Errours in Judgment can â—scape the severe Execution of the Jurisdiction of the Church These things considered with that due respect they alwaies had and have for their Kings and the Royal Family will kindle in your Grace such esteem for this Kingdom as those have had who were your Predecessors of the great Honours you now enjoy My Lord the Dukes of Lenox of whom your Grace only is the Representative have been great Lovers of their Country which they have testified so demonstrably to the world by the several great Offices they have performed that their memory to this day is in great esteem They had alwaies an immediate Access to their King whom they were pleased to inform of the condition of his Loyal Subjects and often did Patronize the Affairs and Espouse the Interest of His Majesties good Subjects which to this day cannot be forgot Your Grace needs nothing to render your Name famous in this Kingdom being you bear that Honourable Title of Lenox but an inclination to succeed them in such like performances all their Transactions have rendered them and the Successors of their Dignity Honourable in the Kingdom Nature seems to warrant a Prediction of Heroick Actions which begin to appear in your Grace in these your greener years Let then the thoughts of advancing the Interest of this Kingdom become as Dear to your Grace as it was to your Noble Ancestors of the same Dignity that when become a Cedar in the Trust of the Affairs of State you may gain the same Honour that is due to your Titles My Lord The great Trust His Majesty is pleased to commit to his great Officers of State is exceeding honourable and becoming an aspiring Genius most of the Antientest of the Nobility esteeming it a greater honour to have His Majesties Commission for such Offices than to barely enjoy the Dignity of their Honours It may justly merit your Graces consideration that the great Officers of State have been of the prime of the Nobility and have been very faithful in their Trust. It was upon this consideration that I presumed to offer this Treatise to come into the World with your Graces Name prefixt that it might be known that the Family of Lenox is not extinct which is the great prudence of our Prince that so Loyal a Family should not be buried in Oblivion And likewise my design was to give your Grâ—â—e and the World a Testimony of the Esteem I have for a Representative of that Noble Family who may in all probability acquit himself as becomes one of that Esteem and Dignity This small Treatise may afford your Grace an occasion to divert your self sometimes with the prospect of the things contained in it and thereby make you easie to understand the constitution of the Government and to declare to the World that this Kingdom is not inferiour to any in respect of its Laws and Statutes whereby the King's Prerogatives are great and the Property of the Subject is fully secured by Law the People having great Liberties and Freedoms If this â—n any way can supply your Grace with an Information of the Government of Scotland then I have obtained what I so passionately desired being in all sincerity Your Graccs most humble most obedient and most faithful Servant A. M. TO THE READER IF it were the Custom of the Heroick Spirits of this Age to disapprove every thing that is not the Soboles of their own Brains or the result of their own undertakings then might I justly be discouraged to appear with this small demonstration of my Service to my Country but being otherwaies persuaded of the generous Principles of this Age that nothing which any way tends to the advancing of Knowledge is any manner of way dislikt neither do the Criticisms of the envious hinder the Publication of Books of this nature which was the great encouragement I had to make this Treatise appear in this Juncture The earnest instigations of some friends urged it from my priâ—â—te retirements which hath â—â—en hid for some time If it do not satisfie the inquisitive and curious Reader in every point yet this he may be assured of that any thing that hath escaped my knowledge is not very
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 fâ—om the King These had the Supream Authority about aâ—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 Civâ—l to the Peopâ—e who in themselves oâ— 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 Hâ—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 Kiâ—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 â—â—rope concentred he is descenâ—â—â—â—â—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
was made a Privy Councillor in 1662. and in 1666. being joyned Admiral with the Duke of Albemarl first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the enemy soon to flight He enjoyes a Pension from His Majesty of 4000 l. per annum After Prince Rupert the next Heirs to the Crown of Scotland are three French Ladies Daughters of Prince Edward deceased who was a younger Son of the Queen of Bohemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the Late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. sterling a year There was two Daughters of Frederick Prince Palatine of the Rhine who being unmarried are deceased The last is the Princess Sophia youngest Daughter to the Queen of Bohemia Born at the Hague 1630. and in 1659. wedded to John Duke of Lunenberg and free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters she is said to be one of the most accomplisht Ladies in Europe Having this particular Account of all the nearest in Blood to the Crown of Scotland being the Issue of King James the Sixth and King Charles the First it will not be amiss to relate these that are descended of the Daughter of King James the Second since whom till the Queen of Bohemia no collateral branch sprung from the Royal Family of whom any Issue remains James Lord Hamilton was married to the Daughter of King James the Second and had Issue first James created Earl of Arran whose Son was the Duke of Chastelherault from whom by Two Sons are descended the Families of Hamilton and Abercorn and by Two Daughters the Families of Huntley and Lauderdale And by an Act of Parliament signed by all the Three Estates the Original whereof is yet extant in the Reign of Queen Mary The Duke of Chastelheraults Family is declared next the Queen and her Issue the Rightful Heir of the Crown The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter married to the Earl of Lennox from whom descended the Family of Lennox There is no otther branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestor the Lord Kennedy married King James the firsts Sister from which Marriage that Family is descended And so much of the Royal Family CHAP. V. Of the Chief Officers of State of the Court of Justice The Manner of Elections of the Members in Parliament and Riding of Parlialiament Of the Privy Council Of the Senators of the Colledge of Justice Of the Justice Court of the Exchequer THE Government of the Kingdom being wholly in the Crown the King administers it by his officers of State and Privy Council The Officers of State are Eight The first is the Lord Chancellour who is Keeper of the Great Seal and President in all Courts where-ever he is This Office was in the Person of John Duke of Rothes lately deceased The Second Officer is the Lord High Treasurer who governs the Revenue and presides in the Exchequer This Office is now in Commission The Third Officer is the Lord Privy Seal who is at present John Duke of Athol These Three take place of all the Nobility The Fourth Officer is the Lord Secretary who keeps the Signet and is a Lord by his Office and takes place of all of his Rank The Office of Secretary is executed by the Right Honourable Alexander Earl of Murray The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and Names of all the Clerks of Parliament and Session and the Keepers of Publick Registers This Office is executed by Sir Thomas Murray of Glendoick The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in cases in which the King is concerned and in these he pleads in the King's Name The present Lord Advocate is Sir George Mackenzie of Rose-haugh The Seventh Officer is the Lord Treasurer Deputy who is Assistant to the Lord High Treasurer and is a check upon him and presides in the Exchequer in his absence This Office is executed by Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice General in Criminal Causes The present Justice Clerk is Rich. Maitland Esq All these have the Title of Lord and the Precedency of all under Noble men and their Eldest Sons Of the Courts of Justice The Chief and Supream Court of Justice is the High Court of Parliament which is made up of Three Estates The first is the Ecclesiastical that of Old consisted of Bishops and Miter'd Abbots but since the Reformation consists only of Arch-Bishops and Bishops The second Estate is the Nobility who were antiently divided into the greater Barons and the lesser for every man that holds Lands of the Crown with a priviledge of holding a Court much like the Lord of a Mannour in England is called a Baron and all were obliged to appear personally in Parliament Proxies never being allowed by the Law of Scotland and give the King Counsel This proved a very hard burden to the small Barons upon which they desired to be excused from their Attendance in Parliament And this was granted them as a favour in King James's the first Reign And though by that Act they might have sent two or three or more to represent them from every Shire yet they made no use of that for above 150 years But King James the Sixth to ballance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners of the Shires The third Estate is the Burroughs every one of which chuseth one Commissioner or Burgess only the City of Edinburgh as the Metropolis chuseth two Elections of Members of Parliament The Parliament is summoned by Proclamation made at the Head Burrough of every Shire forty daies before they meet upon which the Shires and Burroughs meet about their Elections Every one that holdeth Lands of the Crown that in the Rolls of the Taxation the Antient Name of Subsidies and Assessments are valued at forty shillings Scottish Money of Taxation to the King which will be in real value about ten pounds sterling a year is an Electour or may be Elected so he be rightly vested in the Land or according to the Scottish terms infeoft and seized and be not at the King's Horn that is under an Outlawry The Electours subscribe the Commissions they give and so their Commissioner is returned and if there be Cross Elections the Parliament is only Judge In the Burroughs the Common Council of the Town makes the Election The Manner of the Riding of the Parliament When the day comes in which
afterwards Bishop of Aberdeen was the first Dean of Faculties Principals Anno 1454. David Binch first Principal His Successors are not known because the old Records and Registers of the Colledge were either destroyed or taken away at the Reformation Anno 1577. Andrew Melvill Anno 1580. Thomas Smeton Anno 1600. Patrick Sharp Anno 1615. Rob. Boyd of Trochrig Anno 1622. John Cameron Anno 1626. John Strang D. D. Anno 1650. Robert Ramsey he lived but a month after his instalment Anno 1653. Patrick Gillespie Anno 1660. Robert Baily Anno 1662. Edward Wright present Principal Professors of Divinity Anno 1640. David Dickson Anno 1649. Robert Baily Anno 1660. John Young Anno 1668. Gilbert Burnet Anno 1674. David Liddel present Professor of Divinity The Principal taught Theology till An. 1640. at which time there was a Sallary settled for maintenance of a Professor of Divinity There is no Coat of Arms peculiar to this University but they use the Arms of the City of Glasgow Present Professors Sir Will. Fleeming of Fern Rector Doctor Matthew Brisbane Dean of Faculties Edw. Wright Principal or Warden David Liddell Prof. of Theology Professors of Philosophy William Blair Tho. Nicolson John Tran John Boyd Learned Men and Writers John Sharp Doctor and Professor of Divinity a man well Learned and a good Textuary John Cameron Principal of whom I need say no more but that he was the great Cameron so well known to the world by his excellent prelections on the New Testament he acquired so much fame in France where he was Professor of Divinity in Sawmer that King James the 6th brought him to Scotland hoping that his Learning and worth would have had some effects upon the Puritans but he finding them untractable went back to France where he lived and died in great esteem Robert Boyd Principal was a very excellent person and of considerable Learning he wrote a large Commentary on the Ephesians John Strang D. D. a man of great parts extraordinary subtil and of a most solid reason as appears by his most excellent Books De Voluntate Dei in actibus humanis and De Scriptura Sacra David Dickson Professor of Divinity a man wonderfully esteemed and reverenced for his piety by the Covenanters not unlearned he wrote a Commentary on St. Matthews Gospel on the Psalms and the Epistles to the Romans and Hebrews also a Book of practical Divinity called Therapeutica Sacra which he wrote in Latine Robert Baily Professor of Divinity and afterwards Principal a Learned and modest man though he published some very violent Writings yet those flowed rather from the instigation of other persons than his own inclinations He has left a great Evidence of his Diligence and Learning in his Opus Chronologicum Alexander Nisbet and James Ferguson two Ministers much esteemed were bred in this University they wrote each of them Commentaries on some of the Epistles George Hutchison was also bred here who was accounted one of the greatest Preachers of the Presbyterian party and was a Learned man He wrote on the twelve minor Prophets on Job and on the Gospel of St. John He died Anno 1674. George Buchanan of an excellent Wit and Learnâ—ng incomparable was bred in this Colledge He was admired of all men who knew him for â—is Learning and subtilty He wrote his Paraphrase on the Psalms a rare Work and other Poems whilst he stayed in France where he lived in a long time and became acquainted with many Learned men he applyed himself to write the Scottish History in Latine which he penned wiâ—h such Judgment and Eloquence as no Country can shew a a better Only in this he is justly blamed that with the Factions of the Time and to justifie the proceedings of the Noblemen against the Queen he went too far in depressing the Royal Authority of Princes and allowing their controulment by Subjects His bitterness also in writing of the Queen and Troubles of these Times all wise men have disliked He died in a great Old Age at Edinburgh and was buried in the common Burying place without having any Tomb erected for his memory But such pompous Monuments as these of Marble he was wont in his life time to despise esteeming it a greater Credit as it was said of the Roman Cato to have it asked why he doth lack a Statue than to have had one erected though never so glorious CHAP. XIII The University of Aberdeen IN the Reign of King Alexander the Second Anno 121 there was a Studium Generale in Collegio Canonicorum where there were Professors and Doctors of Divinity and of the Canon and Civil Laws and many Learned men have flourished therein King James the Fourth and Will. Elphinstoun Bishop of Aberdeen procured from Pope Alexander the 6th the priviledge of an University in Aberdeen Anno 1494. It is endowed with as ample priviledges as any University in Christendom and particularly the Foundation relates to the priviledges of Paris and Bononia but hath no reference to Oxford or Cambridge because of the Wars between Scotland and England at that time The priviledges were afterwards confirmed by Pope Julius the Second Clement the 7th Leo the 10th and Paul the Second and by the Successors of K. James the Fourth The Bishop of Aberdeen is perpetual Chancellor of this University and hath power to visit in his own person and to reform Abuses And although he be not a Doctor of Divinity yet the foundation gives him power to confer that degree The Office of Vice-Chancellor resides in the Official or Commissary of Aberdeen The Rector who is chosen yearly with the Assistance of his Four Assessors is to take notice of Abuses c. in the University and to make a return thereof to the Chancellor If one of the Masters happen to be Rector then is his power devolved upon the Vice Chancellor The Colledge was founded by Bishop William Elphinstone An. 1500. and was called the King's Colledge because King James the Fourth took upon him and his Successors the special protection of it Persons endowed were A Doctor of Theology who was Principal The Canon Law The Civil Law Physick A Professor of Humanity to teach the Grammar A Sub-principal to teach Philosophy A Cantor A Sacrist Three Students of the Laws Three Students of Philosophy Six Students of Divinity An Organist Five Singing-Boyes who were Students of Humanity Benefactors Bishop Will Ephinstone the Founder built most part of the Fabrick furnished the great Steeple with Ten Bells gave many costly Ornaments as Hangings c. and many Books King James the Fourth bestowed upon the Colledge the Rents of the Hospital of St. Germans in Lothian whereof the Tithes of the Parishes of Aberluthnot in Mernis of Glenmuick and Glengardin in Mar are a part As also the Tithes of the Parishâ—s of Slanes and Furvie in Buchan King James the 6th bestowed upon it the Rents of the Carmelite Friers of Bamf the Chaplainries of Westhall and Fallowroul King Charles the First
in this Court with the Lord Justice General and the Lord Justice Clerk All Tryals for Life are in this Court which sits every Friday in the Time of Session in the Afternoon Here all the Subjects Peers as well as Commons are tryed The difference between a Peer and Commoner in their Tryal in this Court is this viz. The greater part of the Peers Jury called by the Scottish Law an Assize must be Peers The Jury is made up of 15 The Foreman who is called the Chancellor of Assize gathers and reports the Votes The major part determins the matter The present Justice General is the Earl of Queensbury Of the Exchequer The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in commission the Lord Treasurer Deputy and some Assistants called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy usually carry all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of these Courts is Edinburgh which has been long the chief Seat of the Government though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience than the bringing up all their Affairs to Edinburgh CHAP. VI. Of Inferiour Courts of the Sheriffdoms The Names of the Sheriffs who are so most by Inheritance The Courts of Regality A Barons Court NExt to these Supreme Courts there are other Inferiour Courts And first there are in all the Shires of Scotland Sheriffs who are the Judges in all Matters of of Meum and Tuum in Thefts and in all lesser crimes as likewise in Murthers if the Murtherer be taken in hot blood as they call it when the person is newly slain But though there lyes no Appeal in this Kingdom in any Court yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of Inferiour Judges and order to be brought before themselves Most of the Sheriffs were antiently so by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a Power in their Shires that our King of late hath thought fit to agree with many of these Sheriffs for their Rights by which it comes to pass that many of them now are in the King's Gift The Sheriffs may either sit and give Judgment themselves or do it by a Deputy which they most commonly do except in some great cases For the more full satisfaction of the Reader it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs Shires or Counties of Scotland and their Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian Charles Maitland The Shire of Berwick containeth Mers Earl of Home The Shire of Peeblis containeth Tweddail Earl of Tweddail The Shire of Selkirk containeth the Forrest of Etterick Murray The Shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail Anandail E. of Queensbury The shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The shire of Aire containeth Kyle Carrict and Cunninghame E. Dumfreis The shire of Renfrew containeth the Barony of Renfrew E. of Eglington The shire of Lanerick containeth Clidsdail D. Hamilton The shire of Dumbritton containeth Lenox D. of Lenox The shire of Bute containeth the Isles of Bute and Arran Sir James Stewart of Bute The shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles all Ila Jura Mull Wyist Teriff Coll Lismore c. E. of Argile The shire of Perth containeth Athol Goury Glenshee Strath-Ardell Broad Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern D. of Atholl The shire of Striveling lyeth on both sides the River Forth E. of Marr. The shire of Linlithgow West Lothian John Hope of Hoptoun The shire of Clackmanan containeth a small part of Fife lying on the River Forth towards Striveling Sir D. Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Loâ—hleiven and the Ochell Hills E. of Morton The shire of Câ—uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila â—len Esk Glen-Prossin E. of Southesk The shire of Kinkardin cont Mernis E. Mareschal The shire of Aberdeen containeth Mar with its pertinents as Birse Glentaner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land E. Dumfermline The shire of Bamf containeth a small part of Buchan Strath-Dovern Boyn Enzy Strath-Awin and Balveny Sir James Baird of Auchmedden The shire of Elgine containeth the Eastern part of Murray Robert Dumbar of The shire of Nairn containeth the West part of Murray The shire of Innerness containeth Badenoch Lochabyr and the South part of Ross E. of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrquart of Cromarty The shire of Tayne containeth the rest of Ross with the Isles of Sky Lewes and Harrigh E. of Seaforth The shire of Dornoch containeth Southerland and Strath-Naver E. of Southerland The shire of Weik containeth Cathness E. of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale D. of Lauderdale Stewartries Stewards Strath-Yern E. of Pearth Monteith E. of Monteith Annandail E. of Annand Stewartries Stewards Kirkudbright containeth the East part of Galloway E. Nithisdail Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington Court of Regalities There are also many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and Death besides many other great immunities and priviledges This began chiefly in Church lands for all the Bishops and most of the Abbots had these Regalities granted them some of the antient and great Peers got the same power bestowed upon them and many more have lately got their Lands erected into Regalities The Judge is called the Bailiff of the Regality who sits as often as there is cause Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance These being given by the King a Church-man not being allowed to give a Commission in causa sanguinis A Barons Court Besides these every one that holds a Barony of the King has a Baron Court in which leâ—â—er matters are also judged and they may fine and distrain Antiently these Baron Courts might judge of Life and Death but now it is not so For all the other particulars that relate to the Regalities Superiorities and
other things of the Laws of Scotland such as are curious may find full satisfaction in that most learned work of Craigs De Jure Feudali written in Latine and printed at Edinburgh in Folio CHAP. VII Of the Burroughs of Scotland Of the Burroughs Royal Burroughs of Regality and Burroughs of Barony The Names of the Free Incorporations or Burroughs Royal. THE Burroughs of Scotland are of three sorts either Royal Burroughs Burroughs of Regality or Burroughs of Barony The former have Commissioners in Parliament and besides are a State apart for they meet yearly in a Convention called the Convention of Burroughs from which a Commissioner comes from every one of them There they make Laws for themselves about Trade and other things relating to their Corporations They hold these Meetings in a Circuâ—t around the Chief or as they call them the Head-Burroughs and at the end of one Convention they name the time and place for the next In these Burroughs there is a Provost or Mayor who has the Chief Power and there are four Bailiffs or Aldermen that are next to him in the Government There is also a Dean of Gild named among the Romans Aedilis who is the Chief Judge among the Merchants likewise a Treasurer and a Common Council the one half of which is chosen usually by the Merchants the other half by the Trades men once every year The Trades men have a Court of their own in which there is one from every Trade who is called the Deacon of the Trade and they chuse one among themselves to be President in all their Meetings and Affairs who is call'd Deacon Conveener by his Order they are to meet as their business requires These Deacons are chosen yearly by all the Freemen of their Trade and have a little jurisdiction over them There are in most Burroughs great and dangerous Animosities and Factions between the Merchants and Trades-men upon the account of precedence in publick daies when they meet Burroughs of Regality The Burroughs of Regality are the Towns where these Lords of Regalities hold their Courts The Chief Magistrates are named by the Lord the rest they chuse themselves They have also great freedoms little inferiour to the Royal Burroughs only they have no Commiâ—â—ioners in Parliament Burroughs of Barony The Burroughs of Barony are Market-Towns where the Lord of the Barony names some of the Magistrates and the Corporation chuses the rest In all these Burroughs the Magistracy is no matter of Burden nor Charge but of Power and Advantage from whence arise great Factions amongst all of them in most of the Burroughs A Catalogue of the Free Corporations or Royal Buâ—roughs in Scotland In the Lothians Edinburgh Linlithgow Haddington Northberwick Dumbar In Fife Saint Andrews Couper Kirkaldy Crail Anstruther Pittenweeme Dysart Earlesferry Kinghorn Innerkeithing Burnt Island In Fife Queens-Ferry Dumfermling Culrosse Clackmanan In Angus Dundee Montross Forfar Brichen Arbroath In Galloway Kirkudbright Wigton Withthorn Stranraver In Clidsdail Glasgow Lanerick In Murray Elgin Nairn Forress In Ranfrowshire Ranfrow Pâ—sley Ruglen In Mar. Aberdeen Kintore In Boyn Bamf Cullen In Rosse Innerness Tayne Aire in Kyle Irwing in Cunningham Rothsay in Bute Dumbarton in Lenox Innerrara in Argile Jedbuâ—gh in Tiviotdail Peebles in Tweddail Selkirk in Forrestshire Striveling upon Forth Dumblain in Monteith Dornoch in Southerland In Annandale Annand Lochmabane In Nithisdail Dumfreis Sanqhuar Bervy in Mernis Innerowry in Gareâ—ch CHAP. VIII Of the Court of Admiralty and of the Government of the Militia THE Court of Admiralty sits in Leith the chief Port of this Kingdom but hath not much business except in times of War to judge of Prizes The present High Admiral is His Royal Highness the Duke of Albany The Military Government The Military Government in Scotland of every County is not lodged in one Person but the Regiments of Foot are commanded by Collonels and the Troops of Horse by Captains named by the King without any dependance upon one Lord-Lieutenant nor are there Deputy-Lieutenants yea the Lieutenant-Collonels and other Officers are named by the King as is usual in an Army and perhaps the Militia in this Kingdom are as well govern'd and disciplin'd as in any other Kingdom the People of Scotland being naturally stout and resolute which make them so much valued beyond Seas the only School of War to them since the conjunction of this Island under one King They are upon all occasions ready for the Kings Service naturally being great lovers of the Royal Family having so just a râ—ght to the Crown by an uninterrupted descent for so many Generations as cannot be parallel'd almost in the whole world what happen d in the late Rebellion Where the Schismaticks so highly deluded with fair promises and reiterated invitations from England being as time Brethrâ—n in a Solemn League and Covenant the issue proving solemnly destructive to the ancient Government and constitutions of both Kingdoms and to the perpetual scandal of Christianity itself in that the best of Kings was at last murder'd by these hellish contrivances I say what happen'd then cannot be recorded as an infamy upon the whole Kingdom being there were ten thousands in that ancient Kingdom who never bowed their knee to that Baal the Idol of these unhappy times many of the Ancientest of our Nobility were sufferers to the utter ruine of their Estates and Families a great many lost their lives under the King's Lord Commissioner the worthy and valiant Marquess of Montross who himself was barbarously murder'd by that wicked insulting crew being it is manifest by the account that all the writers of these times giveth that it was but a part and that indeed the scum of the People who had taken upon them at that time to shake off their Duty and Loyalty no man in his right senses or understanding will impute any of those most inhumane proceedings and practises to the People of the whole Nation who in all emergencies since his Majesties happy Restauration have given such clear demonstrations of their Loyalty upon all occasions have proved to the everlasting infamy of that prevailing party in those late confusions that they were but an handful and that the most inconsiderable part of the Kingdom whoever therefore will be so foolish as to evidence his ignorance of the proceedings of these in that dreadful Rebellion by imputing their machinations and cruelties to the general consent of the Kingdom let him alwaies be esteemed as one that is over-ruled by malice and passion thirsting after nothing so much as to make People believe that His Majesty now reigning hath no Dutiful Subjects in that his most ancient Kingdom he may be esteemed an enemy to the Government who would inveigle into the minds of the People that His Majesty is not sure of the Dutiful assistance of his Subjects of that Kingdom if need require many times the Loyal Subjects of Scotland when they are abroad suffer reproach for the barbarous proceedings of these unhappy times but