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A50800 An appendix to the history of the Church of Scotland containing the succession of the archbishops and bishops in their several sees from the reformation of the religion until the year 1676, as also the several orders of monks and friers &c. in Scotland before the Reformation : with the foundation of the universities and colledges, their benefactours, principals, professours of divinity and present masters : and an account of the government, laws and constitution of the Kingdom. Middleton, Thomas, 17th cent. 1677 (1677) Wing M1990; ESTC R29541 55,302 57

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King's Name The present Advocate is Sir John Nubet of Dirlton The Seventh Officer is the Lord Treasurer Deputy who is assistent to the Lord High Treasurer and is a Check upon him and presides in the Exchequer in his absence This Office is executed by Sir 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 Sir Thomas Wallace of Craigie All these have the Title of Lord and the precedency of all under Noblemen and their eldest Sons The Privy Council is chiefly employed about publick Affairs and judges of Riots and any Disturbance given to the Peace of the Kingdom Anciently the Lords of the Session were the King's Council and so are still called the Lords of Council and Session but the Power of the Privy Council has been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with the Privy Council Lawyers do plead the causes of Riots before them and when Sentence is given every Privy Councellour gives his Vote and the major Vote carries it Lords of His Majestie 's Privy Council John Earl of Rothes Chancellour of the Kingdom Lord President of the Privy Council James Lord Archbishop of Saint Andrews his Grace John Duke of Lauderdail his Grace Alexander Lord Archbishop of Glasgow his Grace William Marquess of Douglas John Marquess of Athol Archbald Earl of Argile John Earl of Errol George Earl Marischal William Earl of Morton Alexander Earl of Murray Charles Earl of Mar. Earl of Linlithgow John Earl of Wigton Patrick Earl of Kinghorn Alexander Earl of Kelley David Earl of Weemis James Earl of Airley William Earl of Dundonald George Lord Ross Sir Charles Maitland of Hatton Sir James Dalrymple of Stair Sir John Nisbet of Dirleton Sir Thomas Wallace of Craigie Sir James Fowlis of Collington Sir William Sharp of Stainibill Sir William Scot of Ardross Sir George Kinnaird of Rossie Sir John Wachop of Nidrie Sir Gerge Monro of Culkairn Lieutenant General Thomas Dalyell The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was anciently an ambulatory Court but was settled as it now is by King James the Fifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Councill and Session and a President to whom are added the Lord Chancellour and four extraordinary Lords who are of the chief Nobility The extraordinary Lords have no Salary and are not obliged to attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February they sit from 9 a clock in the Morning till 12 all the days of the Week except Sunday and Monday There is an Outer House and an Inner In the Outer there is a Bench where one of the Senatours sits a Week and all of them except the President have their turns in it who hears all Causes originally and where the Case is clear he gives Sentence But if it be difficult or if either party desires it he reports it to the rest of the Senatours who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge on the Bench there is a Side-Bar to which one of the Judges comes out weekly by turns as in the former and receives and answers all Petitions and Bills The Inner House where all the rest of the Senatours sit is a Court of great State and Order The Senatours sit in a semicircle in Robes under them sit their Clerks who write the most material heads of all that is pleaded at the Bar where the Pleadings are long and very learned When the Senatours have after all the parties are removed reconsidered their Arguments they give their Sentence and the major Vote carries it Their final Sentence determines the business there lying no Appeal from them onely the Parliament as the Supreme Court may review and repeal their Sentence and they are called Decreets from the Latin Decreta Senatours of the Colledge of Justice Sir James Dalrymple of Stair President Sir John Nubet of Dirleton Sir Thomas Wallace of Craigie Sir Charles Maitland of Hatton Sir James Fowlis of Collington Sir Robert Nairn of Strathurd Sir David Nevoy of Nevoy Sir Peter Wederburn of Gosfurd Sir John Baird of Newbyth Sir John Lockart of Castlehill Sir Richard Maitland of Pitrichie Sir David Balfour of Forret Sir Thomas Murray Sir James Fowlis of Sir David Falconar of Newton The Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliaments or of the Customes and Practicks of the Colledge of Justice which are held of no less force then Acts of Parliament and where neither of these contradicts the Civil Law the Roman Law is of force This makes our Lawyers generally great Civilians for they goe either to Leiden Poictiers or Bourges and study the Civil Law in which some are learned to a high degree The Law of Scotland is easie and regular by reason of our Registers which are so full that Titles are much more easily cleared here then can be done where those Registers are not which may appear from the following Instances 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 registred within 60 days otherwise it is of no force by which means all secret Conveyances are cut off for if no Sasine be passed upon them or if these be not put in the publick Registers which every one may search the Conveyance is of no force All Bonds have a Clause in them for inserting them in the publick Registers and they being registred without any farther action by a charge of six days the Debitor must make payment otherwise Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under Outlawry and Rebellion and forfeits to the King his personal Estate and if he continues a year under it the Life-rent of his real Estate in which the Creditor is to be preferred for his interest the rest goes into the Exchequer By the Letters of Caption the party is seised 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 Debitor's Goods may be distrained where-ever they can be found A third Instance to which I shall adde no more is that any
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