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
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
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
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
this is much to their comfort that 't is only from the ignorant and deluded multitude and rabble let none so much as think that the King wanted assistance of his Loyal Subjects in the time of that Rebellion and let not the Kingdom any more suffer an ignominy for the abominable knavery of a few who to this day are stigmatized for their roguery and their posterity render'd contemptible it is not necessary to run out in vindication of the Loyalty of the People of Scotland in this enterprize their Actions of late when the Kings service required have sufficiently given proof to the world of the same and at present the King hath at command by Act of Parliament twenty thousand foot and two thousand Horse with forty days provision to march into any of His Majesties Dominions if need require CHAP. IX Concerning the Ecclesiastical Government of the Church IN the Year 1660 after a most grievous burthen of that insupportable yoak which our sins had prepared and other mens sins had laid on us after the Kingdom had groan'd nine years under the Tyranny of these Usurpers who to compleat our miseries imprisoned Banished and miserably butcher'd the Loyal Subjects under the names of Malignants Traitours and Rebels their Estates and Lands forfeited and sold their Houses garrisoned plundered and burnt and their posterity almost reduced to poverty and misery Alass Our Plough-shares were metamorphosed into Swords after all these calamities it pleased Almighty God to remember us in mercy and after the Church had suffer'd an Eclipse for twenty four years By the miraculous Restauration of our most Sacred Sovereign to the Throne of his Ancestours for the good of this Church and Kingdom then it pleased God to restore the ancient Hierarchy of the Church His Majesty that he might settle his Kingdom summoned his first Parliament to meet at Edinburgh the first of Jan. 1661 giving a Commission under the great Seal to John Earl of Middleton to represent his Person therein in the first Session the Solemn League and Covenant was condemned as an unlawful and wicked Oath imposed on the Subjects by a prevailing Faction contrary to Authority The pretended Triennial Parliaments from 1640 to 1649 with the assembly of Glasgow 1638 c. were annulled the unjust transactions at New-Castle 1646 and 1647 condemned Duke Hamiltons engagement 1648 approved the pretended forfeitures of the Marquesses of Huntley and Montross the E. of Forth Barrons of Glengarey Haddo Dunerub Delgaty Harthill and others who suffered for their Loyalty and all Acts made in prejudice of Lawful Authority were rescinded 1662. In the second Session the Antient Ecclesiastical Government of the Church was restored to the exceeding joy and satisfaction of all his Majesties good Subjects This was done by an Almighty Power the Covenanters having so wonderfully defaced the Government of the Church and rendered the Dignity and Office of a Bishop contemptible in the eyes of the People that His Majesties Restauration being so miraculously without shedding of blood to be restored to his own Kingdoms the Government of the Church with so little or no disturbance settled these things being considered ought to be kept as memorials not written superficially but with the point of a Diamond in the hearts of all Loyal Subjects Of the Archbishop of St. Andrews At this time Dr. James Sharp Professor of Divinity at St. Andrews who had been Professor of Philosophy in St. Leonards Colledge was preferred Archbishop of St. Andrews Primate and Metropolitan of Scotland who was murthered after a most barbarous manner by some Ruffians in May 1679. Upon his Murther Alexander Archbishop of Glasgow was translated to St. Andrews who now governs the See The present Chapter of St. Andrews the old one being dissolved with the Priory in the time of the Reformation had its beginning Anno 1606. by Act of Parliament in King James's the Sixth Reign and consists of the persons following The Prior of Portmollock Dean The Archdeacon of St. Andrews The Vicar of St. Andrews Couper Crail Dysert Kircaldy Pittenweem Lewchars Kinkell Dearsie Fordun Kennoway The Vicar of Abercromby Forgund Foulis Rossie Balmerinoch Longforgund Eglisgreig and others to the number of twenty four The Cathedral which was an antient and magnificent Fabrick was demolished with the Priory since which time the Parish-Church serves instead of it The Diocess of St. Andrews contains the whole County of Fife part of Perthshire and part of Angus and Mernis The Coat of Arms belonging to the Archiepiscopal See of St. Andrews is a Saphir a Saltier Pearl being the Cross of St. Andrew the Apostle Clergy their Dignity The Spiritual Function according to the practice of all civilized Nations hath ever had the preference and precedence of the Laity and hath in all times been reputed the first of the Three Estates All Subjects may be divided into Clergy and Laâ—ty the Laity subdivided into Nobility and Commonalty Names The Clergy are so called because they are Gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Portion For although all Christians may be stiled God's Portion as well as God's Servants yet amongst Christians these persons whom God hath set apart and separated from common use to his service to be as it were his domestick servants are more peculiarly the Lord's Portion and therefore from the first Age of Christianity the persons so set apart have been called Clerici Clerks Degrees As in the State so in the Church the Laws and Constitutions of Scotland would not that there should be a parity and equality of all persons therefore it is that all Bishops are Peers of the Realm The Arch-Bishop of St. Andrews takes place of all Dukes next to the Blood Royal In writing and speaking to him is given the Title of Grace as it is to all Dukes and Most Reverend Father in God as likewise the same Title of Honour is due to the Arch-Bishop of Glasgow All the rest of the Bishops take place of Barons The Archbishop of Glasgow taking place next to the Lord Chancellor All Bishops have one priviledge above and beyond all â—ay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may Quatenus Bishops confer Orders c. whereas no Lay-Baron Marquess or Duke is in Law acknowledged such out of the Dominions of the Prince who conferred these Honours The Revenues of the Scottish Clergy at present are generally very small and insufficient Many secret and indirect means have been used to lessen their Rents through corrupt Compositions and Compacts They were most miserably robb'd and spoiled of the greatest part of their Lands until King James the Sixth who after he was come to Age took particular care in restoring to some Bishopricks what was most unjustly kept from them Yea at this day a Gentleman of 200 l. Land Rent yearly will not change his worldly estate and condition with several Bishops A Shopkeeper a common Artisan will hardly change theirs with ordinary
He died about the year 1664. James Wood Professor of Divinity and Provost of St. Salvators was a person both judicious and wise as also of considerable Learnâ—ng he wrote a Book against Indepenâ—ency He died about the year 1664. John Johnston Professor of Divinity in the New Colledge wrote a Paraphrase of the Psalms and other most excellent Poems and was very much admired for his skill in the Latine Tongue and Poesie He flourished about the year 1610. David Calderwood a man of great Reading and Study but very unhappy in his way of expressing himself both which appeared in his Altare Damascenum He was at first very factious and banish'd the Kingdom by King James the Sixth yet was afterwards much neglected by that violent party who judged him too moderate though from his Book none would imagine him guilty of it James Durham a Gentleman of a good Family and Learned was bred in this famous University he wrote a judicious Book of Scandal with good Learning in it There are also Expositions of his upon the Revelation and on the Song of Solomon and the Ten Commandments all published since his Death George Gillespie was also bred here who was a very pregnant young man had great freedom of expression and much boldness which raised him to make a very considerable figure among the Covenanters He had some good Learning but was very factious He wrote against the Ceremonies and many pieces against the Erastians He died Anno 1649. James Gregory Professor of the Mathematicks in this University was a person of most extraordinary Learning in that Science He had a strange faculty of resolving the hardest Problems and seems to have found a Non plus ultra in Geometry He was Fellow of the Royal Society much admired both in France Italy and England where he travelled but lost both his Eyes and soon after died 1674. In this University many of the chief Nobility are bred among whom none has done greater honour to St. Leonard's Colledge where he was bred than his Grace the Duke of Lauderdale to whom as Learning seemed entailed his Family for four Descents having been most famed for Learning of any of their Quality so he received these impressions in this University that being since much improved have rendered him so eminent for Learning of which only my Subject leading me to speak I shall say nothing of his other extraordinary Qualities Archbald Napier of Marchistone was a profound Scholar and of profound worth His Logarithms have rendered him famous throughout the whole world He wrote also an Exposition on the Revelation He died 162 Sir Robert Murray a great promoter and Fellow of the Royal Society was a person of wonderful Abilities vast Apprehensions great depth of Judgment and universally known in every thing but more particularly in the Mathematicks He was a great ornament to the Age he lived in and an honour to his Country He died Anno 1674. CHAP XII The University of Glasgow IT was founded Auspiciis pietate benignitate eximii principis Jacobi Secundi Scotorum Regis Serenissimi indulgentiam faciente jus ac facultatem studii generalis sanciente Nicolao Quinto Pontifice Romano ejus erectionem constitutionem magno labore sumptibus procurante Reverendo Antistite Guilielmo Turnbullo Episcopo Glascuensi The words of the Bull are Vt studium generale vigeat tam in Theologia ac jure Canonico civili quam artibus qualibet alia facultate quodque Doctores Magistri ibidem omnibus singulis privilegiis libertatibus honoribus immunitatibus exemptionibus per sedem Apostolicam vel alios quomodolibet Magistros Doctoribus Studentibus in studio nostrae Civitatis Canoniensis Concessis gaudeant utantur The persons founded were a Rector a Dean of Faculty a Principal or Warden who was to teach Theology Three Professors to teach Philosophy Afterwards some Clergy-men professed the Laws here being invited to that profesâ—â—on rather by the convâ—nience of a Collegiate life and the immunities of the University than by any considerable Salary King James the Sixth Anno 1577. did establish Twelve persons in the Colledge viz a Principal three Professors of â—hâ—losophy called Regents four Scholars called Bursars an Oeconomus or Provisor who furnisheth the Table with provisions the principal Servant a anitor and a Cook Benefactors The Kings of Scotland have been great Benefactors to this University King James the Second the Founder of it did bestow considerable Revenues and endowed it with many priviledges and immunities The words of the Letter under the Great Seal 12. Kal. Maii 1453. are Omnes singulos Rectores qui pro tempore fuerint facultatum Decanos procuratores Nationum Regentes Magistros Scholares in hac universitate studentes sub nostra firma pace custodia defensione manutentia suscipimus eosdemque Rectores c. ab omnibus Triâ—utis exactionibus Taxationibus collectis vigiliis custodiis eximimus postea eximendos statuimus The same priviledges were confirmed by King James the Third Anno 1472. by King James the Fourth 1509. by King James the Fifth 1522. by Queen Mary 1547. About the time of the Reformation the University was almost brought to desolation and had been ruined had not King James the 6th in his Minority restored it by his Royal bounty and munificence He confirmed all the priviledges and bestowed upon it the Tithes of the Church of Govan Anno 1577. Afterwards he ratified all the former Acts made in favour of the University and made some new Donations Anno 1617. King Charles the First did ratifie all the old Priviledges and bestowed Money for repairing the Fabrick King Charles the Second by the Advice of the Estates of Parliament gave also Money for the same purpose Bishop Will. Turnbull by whose procurement the Popes Bull was obtained was very liberal to the Colledge bestowing upon it both Lands and Revenues and so were several of the Bishops and Archbishops who succeeded him The City of Glasgow were also Benefactors to the Colledge The Ground on which the Colledge stands with a Field adjacent thereunto was the Donation of James Lord Hamilton Since the Reformation sundry private men have given considerable sums of Money towards the maintenance of poor Sholars as William Struthers Zachary Boyd Thomas Crawford Ministers Others have bestowed Money for repairing the Fabrick as Alexander Boyd Matthew Wilson Ministers James Law Archbishop of Glasgow was very bountiful to the Colledge for he much augmented the Revenues thereof and bestowed many choice Books which are in the Library Will. Earl of Dundonald An. 1672. gave about a thousand pounds sterling towards the maintenance of Bursars John Snell hath of late bestowed six thousand Marks Scottish for enriching the Library and adorning the Fabrick The Archbishops of Glasgow are perpetual Chancellors of the University The Rector is chosen once every year David Cadyow Canon of Glasgow was the first Recotr and William Elphistoun Official of Glasgow