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 clearly and onely in the Crown But to these other great Additions have been made in the two Parliaments held since His MAJESTIE' 's Restauration For whereas the Supremacy in Ecclesiastical affairs was always in the Crown since the Reformation yet in the Reign of King James the Sixth the Power of the General Assembly was raised very high by Law which was the chief foundation of the late Troubles it being pretended that it was contrary to Law for the King to introduce any thing into the Church without the consent of a General Assembly It was therefore enacted in Parliament That the External Government and Polity of the Church was wholly in the King's power and that his Orders sent to the Privy Council and published by them about all Ecclesiastical matters Meetings and Persons were to be obeyed by the Subjects any Law or Practice to the contrary notwithstanding So that in all matters that relate to the Chuch-Government the King's Power is absolute The Second Point is about the Militia By the ancient Laws of Scotland all the King's Subjects were to assist him in his Wars Upon which a great enlargement of the King's Prerogative was grafted of late by two Acts of Parliament the Kingdom of Scotland offering to the King to raise and arm Twenty thoussand Foot and Two thousand Horse and to furnish them with forty days Provision to march into any of His Majestie 's Dominions of Scotland England or Ireland for suppressing any Foreign Invasion Intestine Trouble or Insurrection or for any other Service wherein His Majestie 's 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 Majestie 's Privie Council A Third Point is the Ordering and disposing of Trade with Forein Nations and the laying of Restraints and Impositions upon Forein imported Commodities which is declared a Prerogative of the Crown With these Sacred Rights is the Crown of Scotland cloathed The King's Revenue consisted anciently most in the 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 Customes and the Excise The last is given to 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 Persons nearest in bloud to the King are first all the Issue of King James and King Charles which are so well known to every one that they need not be repeated Next to them are all that are descended from 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 who was married to James Lord Hamilton and had issue first James created Earl of Arran whose Son was the Duke of Chastelberault from whom by two Sons and two Daughters are descended the Families of Hamilton and Abercorn and the Families of Huntly and Launderdail 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 Chastelberault's Family is declared next the Queen and her Issue the rightfull 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 other Branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestour the Lord Kennedy married King James the First 's Sister from which Mariage that Family is descended And so much of the Royal Family The Chief and Supreme Court is the High Court of Parliament which is made up of Three Estates The First is the Ecclesiastical that of old consisted of the Bishops and Mitered Abbots but since the Reformation consists onely of Archbishops and Bishops The Second Estate is the Nobility who were anciently divided into the Greater Barons and the Lesser for every man that holds Lands of the Crown with a Privilege of holding a Court much like the Lord of a Manour in England is called a Baron and all were obliged to appear personally in Parliament for Proxies were never allowed by the Law of Scotland and give the King Counsel This proved a very heavy burthen to the small Barons upon which they desired to be excused from their attendance in Parliament and this was granted to them as a favour in King James the First 's 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 balance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners for the Shires The Third Estate is the Burroughs every one of which chuseth one Commissioner onely the City of Edinburgh as the Metropolis chuseth two The Parliament is summoned by Proclamation made at the Head-Burrough of every Shire 40 days before they meet upon which the Shires and Burroughs meet about their Elections Every man that holds Lands of the Crown that in the Rolls of the Taxation the ancient Name of Subsidies or Assessments are valued at 40 shillings Scotish mony of Taxation to the King which will be in real value about Ten pounds Sterling a year is an Electour and may be Elected so he be rightly vested in the Land or according to the Scotish terms infeoft and seised 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 the onely Judge In the Burroughs the Common-Council of the Town makes the Election When the day comes in which the Parliament is to be held the Regalia the Crown Sceptre and the Sword of State which are kept in the Castle of Edinburgh are brought down in State to the King's Palace and are to be carried by three of the ancientest Earls that are upon the place bare-headed before the King or His Commissioner In the great Court before the King's Palace all the Members of Parliament do mount on Horseback with Foot-cloaths c. The Burgesses ride first the Commissioners of the Shires next then the Lords Viscounts and Earls in their Robes the last of whom do carry the
Great Seal allowing them the full Liberty and Privilege of an University within their Town But the Foundation was not perfected till Anno 1582. The Privileges of this University are the same with those of any other University in the Kingdom The Dignity of Chancellour and Vice-chancellour doth reside in the Magistrates and Town-Council of Edinburgh who are the onely Patrons I do not find that ever the Dignity was conferred upon any single person The Persons founded were A Principal or Warden A Professour of Divinitie Four Masters or Regents for so they are called of Philosophy A Professour or Regent of Humanitie Humanarum literarum and Philologie Since the first Foundation the Town hath added a Professour of Hebrew Anno 1640. and Doctour Conradus Otto a Learned Jew was the first Professour And a Professour of Mathematicks preferring James Gregory Fellow of the Royal Society to the place Anno 1674. Benefactours King James the Sixth Founder The Colledge was built and the Masters and Bursars are maintained by the publick and private Benevolence of the Citizens of Edinburgh Some Donations have been by others but not considerable All the Benefactours Names are inserted in the Books of the Town-Council and in the Register of the Library and are also drawn in Gold Letters upon several places on the Walls of the Library together with their several Donations and also at the time of the publick Commencement which is once every year they are recited vivâ voce in the hearing of all The Library was founded by Clement Litle one of the Officials or Commissaries of Edinburgh Anno 1635. since which time it is much increased both by Donatives from the Citizens as also from the Scholars who are more in number here then in any other Colledge in the Kingdom Principals 1583. Robert Rollock one of the Ministers of the Citie who was likewise Professour of Divinity for all the Principals here are Primarii Professores Theologie was the first Principal and Rectour of the Universitie 1600. Henry Charters 1620. Patrick Sands 1622. Robert Boyd 1625. John Adamson 1653. Robert Leighton who was afterwards preferred to be Bishop of Dumblane 1662. William Colvil 1675. Andrew Cant. Professours of Divinitie 162 Andrew Ramsay 1630. John Sharp Doctour of Divinity 1650. David Dickson 1664. William Keith Doctour of Divinity 1675. Lawrence Charters Present Professours Andrew Cant Principal Lawrence Charters Professour of Divinity Alexander Dickson Hebrew Professour James Pillan John Wishart John Wood William Paterson Professours of Philosophy Gilbert Mackmurdo Professour of Humanity William Henderson Library-keeper No Professour of Mathematicks since Mr. Gregorie's death There is no Coat of Arms peculiar to this Universitie but the Magistrates allow them to use the Arms of the City Learned men and Writers Robert Rollock Principal a person of great worth and Learning He wrote Commentaries on the Psalms and some of the Prophets some Sermons and Pieces of Devotion were also published by him but of him see the former History Page 454. Henry Charters Principal a person of great modesty and humility and well seen in Theological Learning Patrick Sands Doctour of Divinity Principal a man very learned in the Mathematicks John Adamson Principal a man of great Learning and of very quick Parts Alexander Henderson Rectour of the Universitie and one of the Ministers in the City the greatest Ring-leader of the Covenanters and often employed by them in the affairs of Church and State both in Scotland and England was a person of great gravity and composedness and of considerable Learning That Debate between His late Majesty and him at Newcastle 1646. about Church-Government and the occasion he then had of knowing that Blessed Martyr wrought much upon him so that he went bak to Scotland much changed in his Principles and it was believed that if he had lived he would have been very instrumental in the King's service but he died soon after and was much lamented being the most universally-esteemed man of all the Party William Colvil Principal a man of very moderate temper He was deposed by the Covenanters and yet he would never accept Preferment though divers Bishopricks were profered to him He wrote divers Pieces which are printed in English and Ethica Christians in Latin William Keith Doctour and Professour of Divinity a man of great Learning who had diligently studied both the Fathers and Schoolmen and was a great Master of Languages being very well skilled in the Hebrew and Rabbinical Learning He was wholly mortified and denied to the world and led a most severe and ascetical kind of life He died Anno 1674. I forbear to mention those Learned Professours in the Four Universities who are yet alive and therefore I leave it to those who shall follow to celebrate their fame to posterity CHAP. 4. Of the GOVERNMENT and LAWS of SCOTLAND THE Kingdom of Scotland hath been governed by Kings in as long a Succession as any Nation in the world 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 Privilege of His Crown and Diademe as any other King Prince or Potentate whatsoever So that it is delivered as a Maxim in the Heads of our Law That all Jurisdiction stands and consists in the King's Person by reason of His Royal Authority and Crown and is competent to no Subject but flows and proceeds from the King having Supreme Jurisdiction and is given and committed by Him to such Subjects as He pleases The Crown of Scotland descends by Inheritance the Heir female not being excluded and the undoubted Right to it has been for above three hundred years in the Family of the Stewarts and is now in the Person of King CHARLES the Second whom God long preserve Upon the death of a King the next Heir is presently King and the Coronation is onely a solemn Instalment in that which was his Right before All the difference between our Kings before and after their Coronation is that they hold onely Conventions of Estates but no Parliaments before they are Crowned of the distinction of which an account shall be given afterwards When a King is Crowned he swears the Oath appointed to be taken at the Coronation which before the Reformation was no other then the Oath set down in the Roman Pontifical to be sworn by Kings for there is no Provision made about it in our Laws but at the Reformation it was enacted That all Kings at the time of their Coronation should make their faithfull Promise by Oath c. which Oath is to be found in that Act and to it the Reader is referred The Prerogatives of the Crown are great the 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 the State and of War and Justice except some Sheriffs that are such by Inheritance the
Regalia the Lion Herauld with some Heraulds and Pursevants riding before the Honours last of all when the King is present in person rides the Lord Chancellour bearing the Great Seal but this is not done before a Commissioner After these rides the King or His Commissioner with the High Constable who is by Inheritance the Earl of Arroll on his right hand with a white Batton on his hand and the great Marischal who is also by Inheritance the Earl Marischal on his left hand with a silver Batton in his hand If the King be present in person the Marquesses and Dukes ride after the Earls but if His Commissioner onely be there they follow him at some distance At the outward Gate of the Parliament-house they all alight off their horses and the Earl Marischal receives and conducts the King to the inner Gate where he is received by the High Constable and led into the House where the Parliament is held The Throne is raised six steps high with a State over it and there the King or the Commissioner in His absence sits And in the first step under him on a Bench sits the Lord Chancellour with other Officers of State on both hands of him In the next step under these sit the Lords of Session or Judges On the right hand of the Throne is the Bishops Bench that rises up three steps and rows of Benches On the highest the two Archbishops sit and in the lower steps sit the Bishops according to the dignity of their Sees On the left hand of the Throne there is another great Bench of three steps and rows of Benches on which sit the Nobility according to their precedency In the middle of the Floor there are two Tables on the one of them the Regalia are laid and in two great Chairs by them sit the Constable and the Marischal at the other Table sits the Lord Clerk of Registers with his Deputy-Clerks who are the Clerks of the Parliament There are also Fourms placed on the floor those on the right side are for the Commissioners of the Shires and those on the left hand are for the Commissioners of the Burroughs When all are placed the Parliament is fenced as the phrase is in the King's Name Then the King speaks to them if He be present sitting in His Robes with the Crown on His Head all standing up bare-headed but when a Commissioner represents Him he is in an ordinary Sute and stands and speaks also bare-headed nor is the Commissioner covered but when there is pleading at the Bar but continues bare-headed as all the Members are and tells them the reason for which they are called together which is enlarged upon by the Lord Chancellour Then they goe about the chusing of the Lords of the Articles who are Eight for every State who have been chosen in different ways Sometimes the Bishops did chuse the eight Lords of the Nobility and the Nobility eight for the Bishops at other times the Bishops did chuse their own eight and the Nobility their eight but now it is settled by an Act of Parliament that the King or His Commissioner names eight of the Bishops the Lords chuse eight for themselves and those sixteen do chuse eight Commissioners for the Shires and as many Commissioners for the Burroughs These Thirty two are the Committee of Parliament to prepare Matters When a Bill is drawn by them it is brought into the Parliament And anciently all these Bills were brought in the last day of Parliament on which the Members ride in the same State as they do the first day and the Bills being read they were put to the Vote of Parliament and either were approved or not and then being approved were presented to the King who by touching them with the Sceptre gave His Assent to them which also is done by His Commissioner in His absence if he refused to touch them they were of no force But of late times matters have been at full length and freely debated in Parliament They sit all in one House and every one answers distinctly to his Name and gives his Vote which is in these Terms I approve or not onely those who are not satisfied one way or another say Non liquet which is a great ease to those who are consciencious and a common refuge to the cunning Politician the major Vote carries it No Dissents or Protests are allowed in publick Acts but 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 them and dissolves them A Convention of Estates is made up of the same Members that constitute a Parliament but can make no Laws onely that can lay Impositions on the Subjects they do not sit in state and have been most used before the Kings were Crowned The Lord Chancellour is President in both these Courts and the Votes are taken and numbered by the Clerk of Registers And whatever Acts are passed in Parliament or Convention are to be proclaimed soon after their Dissolution at the publick Mercat-Cross of Edinburgh by the Lion Herauld who is at present Sir Charles Erskin of Cambo with a great deal of state and Ceremony after which they are obligatory on the Subjects And so much for the Parlaiment and the Three Estates whose Authority is supreme and it is Enacted that none of the Lieges shall presume to impugn the Dignity and Authority of the Three Estates or to seek or procure the Innovation or Diminution of the Power and Authority of the same Three Estates or any of them in time coming under the pain of Treason 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 except in the Exchequer This Office is now in the person of the Right Honourable John Leslie Earl of Rothes 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 Privie Seal who is at present the Marquess 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 his Grace the Duke of Lauderdail The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and names all the Clerks of Parliament and Session and the Keepers of publick Registers The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in Causes in which the King is concerned and in those he pleads in the
were a Rectour a Dean of Facultie a Principal or Warden who was to teach Theologie three Professours to teach Philosophy Afterwards some Clergy-men professed the Laws here being invited to that Profession rather by the commodity of a Collegiate life and the Immunities of the Universitie then by any considerable Salary King James the Sixth Anno 1577. did establish Twelve persons in the Colledge viz. a Principal three Professours of Philosophy called Regents four Scholars called Bursars an OEconomus or Provisor who furnisheth the Table with provisions the Principal 's servant a Janitor and a Cook Benefactours The Kings of Scotland have been great Benefactours to this Universitie King James the Second the Founder of it did bestow considerable Revenues and endue it with many Privileges 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 Vniversitate studentes sub nostra firma pace custodia defensione manutenentia suscipimus eosdemque Rectores c. ab omnibus tributis exactionibus taxationibus collectis vigiliis custodiis eximimus postea eximendos statuimus The same Privileges were confirmed by King James the Third Anno 1472. by King James the Fourth 1509. by King James the Fifth 1522. and by Queen Mary 1547. About the time of the Reformation the Universitie was almost brought to desolation and had been ruined had not King James the Sixth in his Minority restored it by his Royal Bounty and munificence He confirmed all its Privileges 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 Universitie and made some new Donations Anno 1617. King Charles the First did ratifie all the old Privileges 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 William Turnbull by whose procurement the Pope's 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 Citie of Glasgow were also Benefactours 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 summs of money towards the maintenance of poor Scholars or Bursars 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 bountifull to the Colledge for he much augmented the Revenues thereof and bestowed many choice Books which are in the Library William Earl of Dundonald Anno 1672. gave about 1000 pounds sterling towards the maintenance of Bursars John Snell hath of late bestowed 6000 Marks Scotish for enriching the Library and adorning the Fabrick The Archbishops of Glasgow are perpetual Chancellours of the Universitie The Rectour is chosen once every year David Cadyow Canon of Glasgow was the first Rectour and William Elphingston Official of Glasgow afterwards Bishop of Aberdene was the first Dean of Facultie Principals 1454. David Bineb first Principal His Successours are not known because the old Records and Registers of the Colledge were either destroyed or taken away at the Reformation 1577. Andrew Melvin 1580. Thomas Smeton 1600. Patrick Sharp 1615. Robert Boyd of Trochrig 1622. John Cameron 1626. John Strang Doctour of Divinitie 1650. Robert Ramsay he lived but a month after his Instalment 1653. Patrick Gillespie 1660. Robert Bailie 1662. Edward Wright present Principal Professours of Divinitie The Principals taught Theologie till Anno 1640. at which time there was a Salarie settled for maintenance of a Professour of Divinitie 1640. David Dickson 1649. Robert Bailie 1660. John Young 1668. Gilbert Burnet 1674. David Liddell present Professour of Divinitie There is not a Coat of Arms peculiar to this Universitie but they use the Arms of the Citie of Glasgow Present Professours Sir William Fleming of Ferm Rectour Doctour Matthew Brisban Dean of Facultie Edward Wright Principal or Warden David Liddell Professour of Theologie William Blair Thomas Nicolson John Tran John Boyd Professours of Philosophy Learned men and Writers John Sharp Doctour and Professour of Divinitie a man well learned and a good Textuary John Cameron Principal of whom I need say no more but that he was the Great Cameron so well known to the World by his excellent Prelections on the New Testament He acquired so much fame in France where he was Professour of Divinitie in Saumur that King James brought him to Scotland hoping that his Learning and Worth would have had some effects on the Puritans but he finding them untractable went back to France where he lived and died in great esteem Robert Boyd Principal was a very excellent Person and of considerable Learning he wrote a large Commentary on the Ephesians John Strang Doctour of Divinity Principal a man of great Parts extraordinary Subtilty and of a most solid Reason as appears by his excellent Books De voluntate Dei in actibus humanis and De Scriptura Sacra David Dickson Professour of Divinitie a man wonderfully esteemed and reverenced for his Piety by the Covenanters not unlearned he wrote a Commentary on S. Matthew's Gospel on the Psalms and the Epistles to the Romans and Hebrews also a Book of Practical Divinitie called Therapeutica Sacra which he wrote in Latin Robert Bailie Professour of Divinity and afterwards Principal a learned and modest man though he published some very violent Writings yet those flowed rather from the instigation of other persons then his own inclinations He has left a great evidence of his Diligence and Learning in his Opus Chronologicum Alexander Nubet and James Ferguson two Ministers much esteemed were bred in this University they wrote each of them Commentaries on some of the Epistles George Hutchinson was also bred here who was accounted one of the greatest Preachers of the Presbyterian party and was a Learned man he wrote on the Twelve Minor Prophets on Job and on the Gospel of Saint John He died Anno 1674. George Buchanan was a person that deserves a higher Character then I can give him but it is done to such advantage in the foregoing History that I must referre the Reader to it page 325. The Vniversitie of ABERDENE IN the Reign of King Alexander the Second Anno 121 there was a Studium Generale in Collegio Canonicorum where there were Professours and Doctours of Divinitie and of the Canon and Civil Laws and many Learned men have flourished therein King James the Fourth and William Elphingston Bishop of Aberdene procured from Pope Alexander the Sixth the Privilege of an Universitie in Aberdene Anno Christi 1494. It is endowed with as ample Privileges as any