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A32776 A second edition of Camden's description of Scotland containing a supplement of these peers, or Lords of Parliament, who were mentioned in the first edition, and an account of these since raised to, and further advanced in the degrees of peerage, until the year 1694.; Britannia. English. Selections Camden, William, 1551-1623.; Dalrymple, James, Sir, fl. 1714. 1695 (1695) Wing C376; ESTC R4896 99,150 213

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to use the words of the Record is Directus totius Dominus that is The direct Lord of the whole Domain or Dominion and hath Royal Authority and Jurisdiction over all the States and Degrees as well Ecclesiastical as Lay or Temporal Next unto the King is his eldest Son who is called Prince of Scotland and by a peculiar Right Duke of Rothsay and Seneschal or Steward of Scotland But all the rest of the Kings Children are named simply Princes Among the Nobles the greatest and most honourable were in old time The Thanes that is those who were enobled only by the Office which they administred For the word in the ancient English Saxon Tongue signifieth The Kings Minister Of these they of the superior place were called Abthanes the inferior Vnder Thanes But these Names by little and little grew out of use ever since that King Malcolm the third conferred the Titles of Earls and Barons after the manner received from the English upon Noblemen of good good de●●●●● In process of time new Titles of Honours were much taken up and Scotland as well as England hath had Dukes Marquesses Earls Viscounts and Barons As for the Title of Duke the first that brought it into Scotland was King Robert the third about the year of Salvation 1400. Likeas the honourable Titles of Marquess and Viscount were first brought in by King JAMES the sixth These are counted Nobles of the higher degree and have both place and voice in the Parliament and by a special Name are called Lords likeas also the Bishops Among the Nobles of a lower degree in the first place are ranked Knights who verily are dubbed with greater solemnity than in any other place throughout all Europe by taking of an Oath and are proclaimed by the publick voice of an Herauld In the year 1621 was instituted the Hereditary Order of Knight Baronet for advancing the Plantation of Nova-Scotia in America with Precedency of all ordinary Knights Lesser Barons or Lairds Of which Order there is a great Number but the ancient Great Lairds Chiefs of Clans or Families have not generally yielded Precedency to them Of a second sort are they who are termed Lairds and Barons among whom none were reckoned in old time but such as held immediatly from the King Lands in Chief and had jus furcarum that is power to Hang c. In the third place are all such as being descended from worshipful Houses and not honoured with any special Dignity be termed Gentlemen All the rest as Citizens Merchants Artisans c. are reputed among the Commons CHAP. III. The Judicatories or Courts of Justice THe supreme Court as well for Dignity as Authority is accounted the Assembly of the States of the Kingdom which is called by the very same Name as it is in England A Parliament and hath the same very power as absolute It consisteth of three States of Lords Spiritual namely Bishops Abbots and Priors and of Lords Temporal to wit Dukes Marquesses Earls Viscounts and Barons and Commissioners for Cities and Burghs Unto whom were adjoyned not long since for every County or Shire also two Commissioners And by the 11th Act of the second Session of this current Parliament certain Shires and the Stewartrie of Kirkcudbright therein enumerat according to the largeness and extent of the Lands are allowed an additional Representation of Commissioners in Parliament whereby the greater Shires are allowed four some Shires three and in the Stewartrie of Kirkcudbright two Commissioners As will appear clearly by the List of Parliament subjoyned It is appointed and solemnly called by the King at his pleasure at a certain set time before it be holden When these States abovesaid are assembled and the causes of their assembly delivered by the King his Commissioner or Chancellor the Lords Spiritual chuse out apart by themselves eight of the Lords Temporal as also the Lords Temporal make choise of as many out of the Lords Spiritual then the same all joyntly together nominat eight of the Commissioners for the Counties and as many of the Commissioners for the free Burghs regal which make up in all the number of thirty two And then these Lords of the Articles so they are termed together with the Chancellor Treasurer Keeper of the Privy Seal Kings Secretary c. do admit or reject every Bill proposed unto the States after they have been first imparted unto the King or his Commissioner Being allowed by the whole Assembly of the States they are throughly weighed examined such of them as pass by the greater number of Voices are exhibited unto the King or his Commissioner who by touching them with the Scepter pronounceth that he either ratifieth approveth them or disableth and maketh the same void· But if any thing dislike the King it is razed out before This Method of the Lords of Articles is altered by the 3d. Act of the first Session of this current Parliament whereby the Committee of Parliament is abrogated and the Parliament to appoint Committees of what Number they please being alike of Noblemen Barons and Burg●sses to be chosen out of each Estate by it self for preparing all Motions and overtures first made in the House and that the Parliament may alter the said Committees at their pleasure or conclude upon matters proponed before them in plain Parliament without Committees and that in the Committes some of the Officers of State may be present by their Majesties or their Commissioners appointment who is freely to propose and debate allennerly but not to Vote By Act of Parliament 1617 the Officers of State are restricted to the number of Eight including the Master of Requests beside the Chancellor who by his Office is President of the Parliament Since the Restauration of King Ch. 2d there hath been no Master of Requests but frequently two Secretaries and there hath been also Debate amongst the lesser Officers of State and especially between the Thesaurer-Depute and the others concerning their Precedency but at present by Order the Thesaurer-Deput is ranked after the Advocat and before the Justice-Clerk The second Court or next unto the Parliament is the Colledge of Justice or Session which King James the fifth Parl. 5. Art 36. 40. and 41. anno 1532. instituted after the form of the parliament of Paris consisting of a President fourteen Senatours seven of the Clergy and as many of the Laitie unto whom is adjoyned the Lord Chancellor who being present is to have Vote and be Principal of the said Council And sick●ike other Lords as shall please the Kings Grace to injoyn to them of his great Council to have vote sicklike to the number of three or four By vertue whereof the King uses to adjoyn besides the Chancellor four of the Nobility or Lords of Parliament who are called Extraordinar Lords and are not counted of the Quorum of the Nine which must be of the Ordinar Lords The Distinction of half Spiritual half
Temporal is laid aside and the Lords are all of the Temporality and three principal Scribes or Clerks But by the 38 Act. 1st Sess Parl. K. Ja. 7. there is allowed two persons to be conjoyned in each of the three Offices of ordinary Clerks of Session and so now six Clerks and as many Advocats as the Senators shall think good These sit and minister Justice not according to the rigour of Law but with Reason and Equity every day save only on the Lords day and Monday from the first of November to the fifteenth of March and from Trinity Sunday unto the Calends of August But by Law and Custome the Session fitteth from the First of November to the last of February and from the First of June to the last of July inclusive In regard the Office of the Lords of Session are for Lifetime they are set down as follows JAMES Viscount of STAIR Lord President of the Session Sir John Baird of Newbyth Mr. Alexander Swinton of Mersingtoun Sir Colin Camphel of Aberuchil James Murray of Philiphaugh Robert Dundass of Arnistoun Mr. John Hamilton of Haleraig Mr. David Hume of Crossrig Sir John Lawder of Haltoun Sir John Lawder of Fountainhal William Enstruther of that llk Mr. Archibald Hope of Rankeilor Mr. James Falconer of Phesdo Robert Hamilton of Presmenuan Sir William Hamilton of Whitelaw Extraordinary LORDS William Duke of Queensberry William Earl of Annandale Patrick Lord Polwarth The fourth is vacant by the Death of William Duke of Hamilton The President of the Session by an Act of Parliament 1661. is declared to have Precedency of the Lord Register and Advocat and they to have Precedency of the Lord Thesaurer-Deput * Sir George Mckenzie in his Precedency doth relate That there was an Ordinance upon the 20. Feb. 1623 amongst his Majesties Officers and Counsellors where the lesser Officers of State are ranked and after them the Lords of Session according to their Admission and before Privy Counsellors being Barons Gentlemen Suitable to this precedency the Lords of Session have since their Institution enjoyed the Title of Lord both in Designation and Compellation albeit the Designation be proper to the Lords of Parliament The Lords of Session in the beginning being composed of Bishops and Abbots and dignified beneficed Persons Chief Barons and eminent Lawers This Designation is frequently given to them in the Acts of Parliament and particularly to President Provan in an unprinted Act anno 1581. intituled Act in favours of Mr. William Baillie Lord Provan frequently thereafter All the space between Sessions being the times of Sowing and Harvest is Vacation and Intermission of all Suites and Law matters They give Judgment according to the Parliament Statutes and Municipal Laws and where they are defective they have recourse to the Imperial Civil Law There are besides in every County or Shire in ferior civil Judicatories or Courts kept wherein the Sheriff of the Shire or his Depute decideth the Controversies of the Inhabitants about violent Ejections Instrusions Damages Debts c. From which Courts or Judges in regard of hard and unequal dealing or else of Alliance and Partiality they appeal sometime to the Session These Sheriffs are all for the most part Hereditary for the Kings of Scotland like as these of England also to oblige more surely unto them the better sort of Gentlemen by their Benefits and Favours made in old time these Sheriffs hereditary and and perpetual But the English Kings soon perceiving the inconveniencies thereby ensuing of purpose changed this Order appointed them from year to year There be Civil Courts also in every Regalitie holden by their Baillies to whom the Kings have graciously granted Royalities as also in Free-Burghs by the Magistrates thereof There are likewise Judicatories which they call Commissariats the highest whereof is k●pt at Edinburgh In which before four Judges or Commissars Actions are pleaded concerning Wills Testaments the Right of Ecclesiastical Benefices Tithes Divorces and such other Ecclesiastical Causes In every other several part almost throughout the Kingdom there sitteth but one Judge alone in a place about these matters In criminal Causes the Kings Chief Justice holdeth his Court for the most part at Edinburgh which Office the Earls of Argile executed for some time and he doth deput two or three Lawers who have the hearing and deciding of Capital Actions concerning Life and Death or of such as infer loss of Limbs or of all Goods And by the 16 Act 3d. Sess 2d Parl. K. Cha. 2d concerning the Justice Court it doth now consist of the Lord Justice-General the Lord Justice-Clerk who are both at the Kings Nomination and to them are added five of the Lords of Session who are supplied from time to time by the King and are called Lords of the Justiciary In this Court the Defendant is permitted yea in case of High-Treason to entertain a Counsellor or Advocat to plead his Cause Moreover in Criminal Matters there are sometimes by vertue of the Kings Commission and Authority Justices appointed for the deciding of this or that particular Cause Also the Sheriffs in their Territories and Magistrats in some Burghs may sit in Judgement of Man-slaughter in case the Man-slayer be taken within 24 hours after the Deed committed and being found guilty by a Jurie put him to death But if that time be once over-past the Cause is referred and put over to the Kings Justice or his Deputs The same priviledge also some of the Nobility and Gentry enjoy against Theives taken within their own Jurisdictions There be likewise that have such Royalities as that in Criminal Causes they may exercise a Jurisdiction within their own Limits and in some Cases recal those that dwell within their own Limits and Liberties from the Kings Justice howbeit with a Caution and Proviso interposed That they judge according to Law Thus much briefly the Author hath put down as one that had but slightly looked into these matters yet by the information of the judicious Knight Sir Alexander Hay Secretary to K. Ja. 6. for Scotland who had given the Author good light He being one of the three principal Clerks of Session was in the year 1608 appointed Secretary in place of the Lord Balmerinoch removed and admtted a Lord of Session the 3d of Feb. 1610. But as touching SCOTLAND what a Noble Countrey it is and what Men it breedeth as sometimes the Geographer wrote of Britain there will within a while more certain and more evident matter be delivered since that most high and mighty Prince K. Ja. 6. did set it open for us which had so long time been shut from us Mean time before we proceed to the Description of particular Places according to the Authors project we must give some short Account of the Privy Council Thesaury and Exchequer being Soveraign Courts and omitted by the Author The Privy Council is constitute by the King's Commission to decide in matters that concerns the Government and publick