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
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
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
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 â—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 dividâ—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 weâ—â— the Kings Daughter was given to him in Marriage while Pharoah lâ—â—â—d Gaâ—helus was in esteem with the â—â—ople having encreased his reputaâ—â—â—â— as well â—â— hâ—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 Arrivaâ— 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 â—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 Valianâ— 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
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
round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or short Cloaks about their shoulders A Baron hath but two Guards a Viscount two and a half an Earl three a Marquess three and a half and a Duke four Precedence Touching the Places or Precedences among the Nobility of Scotland it is to be observed that Dukes amongst the Nobility have the first place then Marquesses Dukes Eldest Sons Earls Marquesses Eldest Sons Dukes Younger Sons Viscounts Earls Eldest Sons Marquesses Younger Sons Barons Viscounts Eldest Sons Earls Younger Sons Barons Eldest Sons Viscounts Younger Sons Barons Younger Sons The Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no further having the Precedency of all the Nobility Yea the natural or illegitimate Sons of the King after they are acknowledged by the King take Precedency of all the Nobles under those of the Blood Royal. Moreover observe that all Nobles of the same degree take place according to the seniority of their Creation all Dukes Eldest Sons have the title of Earls and the Eldest Son of an Earl hath the title of the Earls Barony and sometimes of the Viscountry according to the Patent Of His Majesties Privy Council in the Kingdom of Scotland The Privy Council is chiefly imployed about publick Affairs and are Judges of Riots and any disturbance given to the Peace of the Kingdom Antiently the Lords oâ— the Session were the King's Council and so are stiled Lords of Counciâ— and Session The Power of the Privy Council hath been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with His Privy Council Lawyers do plead the Causes of Riots before them and when sentence is to be given every Privy Councillor gives his Vote and the major Vote carries it Lords and others of His Majesties present Privy Council of SCOTLAND His Royal Highness the Duke of Albany c. John Duke of Rothes Lord Chancellor Alexander Lord Archbishop of St. Andrews Primate John Duke of Athol Lord Privy Seal John Duke of Lauderdale Presid of the Council William Marquess of Douglass James Marquess of Montross Alexander Earl of Murray Secretary of State Archbald E. of Argile John E. of Errol George E. of Marischal Charles E. of Marr. E. of Linlithgow E. of Pearth Patrick E. of Strathmore Robert E. of Roxburgh E. of Queensbury E. of Ancram James E. of Airly E. of Balcarras William E. of Dondonald E. of Kintore E. of Broadalbine Archbald Lord Lorn John Lord Livingstone John Lord Bishop of Edinburgh James Lord Elphinstone John Lord Rosse Sir Charles Maitland of Haâ—tone Treasurer Deputy Sir Thomas Murray of Glendoick L. Clerk Register Sir George Mackenzy of Rosehaugh L. Advocate Richard Maitland Esq L. Justice Clerk Sir James Dalrumpell Lord President of the Sessions Sir George Gordon of Haddo Sir George Mackenzy of Tarbot John Drummond of Londy Lieutenant General Dalziel Sir George Kinnard of Rossy Sir John Wachop of Nidry Of the Supreme Court of Judicature The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was antiently an ambulatory Court but was settled as it is now by King James the â—ifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Council and Session and a President to whom are added the Lord Chancellor and four Lords of the Nobility or as they usually call them Lords Extraordinary The Extraordinary Lords have no Salary and are not obliged to Attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February But now by Act of Parliament the Summer Sessions are taken away and in stead thereof are henceforth to be kept in March They sit from Nine of the Clock in the Morning till Twelve all the daies of the week except Sunday and Monday There is an Outer-house and an Inner In the Outer-house there is a Bench where one of the Senators sits a week and all of them except the President have their Turns in it who hears all Causes originally and where the case is clear he gives sentence But if it be difficult or if either party desires it he reports it to the rest of the Senators who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge upon the Bench there is a side Bar to which one of the Judges comes out by turns weekly as in the former and receives and answers all Petitions and Bills The Inner-house where all the rest of the Senators sit is a Court of great State and Order The Senators sit in a semicircle in Robes under them sit their Clerks who write all the most material heads of all that is pleaded at the Bar where the pleadings are long and very learned When the the Senatours have after all the parties are removed considered their arguments they give their sentence and the major part carries it Their final sentence determines all business in their Court there lying no Appeal from them only the Parliament as the Supreme Court may review and repeal their sentence their decisive sentence are called Decreets from the Latine Decreta Senators of the present Colledge of Justice The Lords Extraordinary The Lord Chancellor The Duke of Athol The D. of Lauderdale The Earl of Murray The Earl of Argile The Lords Ordinary not Noblemen Sir James Dalrumpell Lord President of the Session Charles Maitland of Hatton Sir George Mackenzy of Rosehaugh Sir Thomas Murray of Glendoick Sir James Foulis of Collington Sir John Lockart of Castlehill Sir Robert Nairn of Strathurd Sir James Foulis of Redford Sir David Nevoy of Nevoy Sir David Balfour of Torret Sir David Falconer of Newton Sir John Gordon of Pitmedden Sir Roger Hogg of Harcus Sir Andrew Birny of Saline Sir George Gorden of Haddo Of the Justice Court The next Supreme Court is the Justice Court where all Criminals are tryed It consists of a Lord Justice General and of a Lord Justice Clerk who is his Assistant The Earl of Argile had this Office by Inheritance but King Charles the First agreed with the said Earl and gave him the hereditary Justiciariship of of the High lands for which he laid down his pretensions to the other The Lord Justice General is not obliged to serve in person but may do it by Deputies and he commonly named two This Order was changed Anno 1669. and by Act of Parliament four Judges were appointed to sit