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A51571 ScotiƦ indiculum, or, The present state of Scotland together with divers reflections upon the antient state thereof / by A.M. philopatris. A. M. (Alexander Mudie) 1682 (1682) Wing M3038; ESTC R16016 67,555 300

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with incomparable valour and extraordinary hazard of his own Royal Person after a most sharp Engagement he obtained a signal Victory over the whole Dutch Fleet commanded by Admiral Opdam who perisht with his own and many more Dutch Ships in that Fight He married Anne the Eldest Daughter of Edward Earl of Clarendon late Lord High Chancellour of England which Lady is deceased by whom he had a numerous Issue whereof are living first the Lady Mary now Princess of Orange Born April 30. 1662. whose Godfather was Prince Rupert and Godmothers the Dutchess of Buckingham and Ormond His Royal Highnesses other Daughter is the Lady Anne Born in Feb. 1664. whose Godfather was Gilbert then Lord Archbishop of Canterbury Her Godmothers were the young Lady Mary her Sister and the Dutchess of Monmouth This present Dutchess hath had several Children but are all dead Her Royal Highness is Daughter to the Duke of Modena in Italy The Titles of His Royal Highness are Duke of Albany and York Earl of Vlster Lord High Admiral of Scotland c. Of the Prince of Orange Next to the Duke of York and his Issue is William of Nassaw Prince of Orange only Issue of the deceased Princess Royal Mary Eldest Daughter to King Charles the First and wedded 1641. to William of Nassaw Commander in Chief of all the Forces of the States General both by Land and by Sea His Highness the present Prince was Born Nine daies after his Father's Death on the 14th day of November 1650. had for his Godfathers the Lords States General of Holland and Zealand and the Cities of Delph Leyden and Amsterdam His Governess was the Lady Stanhop then Wife to the Heer Van Hemvliet At Eight years of Age was sent to the University of Leyden His yearly Revenue is about 60000 l. sterling besides Military Advantages He is a valorous Prince and a great example of Valour and Courage besides a great lover of Souldiers Of the Princess Henrietra The next Heir after the fore named to the Crown of Scotland is the Princess Henrietta her Issue who we Born the 16th day of June 1664. at Exeter during the heat of the Late Rebellion After the surrender of Exeter conveyed to Oxford and thence 1646. to London whence with her Governess the Lady Dalkeith she escaped into France was there educated as became her high Birth and Quality but being left wholly to the care and maintenance of the Queen her Mother at Paris embraced the Romish Religion At the Age of sixteen was married to the only Brother of the French King the Illustrious Prince Philip then Duke of Aujou till the death of the Uncle and now Duke of Orleans whose Revenue is 1100000 Livers Tournois besides his Appanage Her Portion was 40000 l. sterl her Joynture to be the sa●e with the Dutchess Dowager of Orleans This Princess had one Daughter who is now married to the King of Spain Of the Prince Elector Palatine There being left alive no more of the Off-spring of King Charles the First the next Heirs of the Crown of Scotland are the Issue and Descendants of Elizabeth late Queen of Bohemia only Sister to the said King who was married to Frederick Prince Palatine of the Rhine afterwards stiled King of Bohemia whose Eldest Son was Charles Lodowick Prince Elector Palatine of the Rhine commonly called the Palsegrave from the High Dutch Psaltzgraff Palatii comes was Born the 22d of Decemb. 1617. at Heydelberg and afterwards at the Age of three or four years conveyed thence into the Countries of Wittenberg and Brandenburg then into Holland and at the Hague and at the University of Leyden was educated in a Princely manner At the Age of Eighteen years came into England was created Knight of the Garter about two years after fought a Battel at Vlotta in Westphalia In the year 1637. passing incognito thorow France to take possession of Brisach upon the Rhine which the Duke of Saxon Weymar intended to deliver up unto him together with the Command of his Army he was by the quick-sighted Cardinal Richlieu discovered at Moulins and thence sent back Prisoner to the Bois de Vincennes where after twenty three weeks Imprisonment he was by the mediation of the King of Great Britain set at Liberty In the year 1643. he came again into England and with the King 's secret Consent because the King could not continue unto him the wonted Pension whilest the Rebels possest the greatest part of His Majesties Revenues made his Address to and abode with the disloyal part of the Lords and Commons at Westminster until the Murther of the said King and the Restauration of the Lower Palatinate according to the famous Treaty of Munster for which he was constrained to quit all his Right to the upper Palatinate and accept of an Eighth Electorship at a juncture of Time when the King of Great Britain had he not been engaged at home by an impious Rebellion had been the most considerable of all others at that Treaty and this Prince his Nephew would have had the greatest Advantages there In the year 1650. he espoused the Lady Charlotte at Cassele Daughter to the Landgrave of Hessen he had one Son named Charles who is now present Prince Palatine of the Rhine a hopeful and magnanimous Prince He had likewise one Daughter named Charlotte This being all the Issue he left behind him Of Prince Rupert Next to the Issue of the Prince Elector Palatine is Prince Rupert Born at Prague the 17th of December 1619. not long before that very unfortunate Battel there fought whereby not only all Bohemia was lost but the Palatine Family was for almost thirty years dispossest of all their possessions in Germany At Thirteen years of Age he marcht with the then Prince of Orange to the Siege of Rhineberg afterwards in England was created Knight of the Garter At the Age of Eighteen he Commanded a Regiment of Horse in the German Wars and in the Battel of Vlotta 1638. being taken by the Imperialists under the Command of Count Hatzfield he continued a Prisoner above three years In 1642. returning into England made General of the Horse to the King 's Fights and Defeats Collonel Sands near Worcester Routed the Rebels Horse at Edge-Hill took Cirencester raised the Siege of Newark recovered Lichfield and Bristol raised the long Siege before Latham-house fought the Battel at Marston-Moor was created Earl of Holderness and Duke of Cumberland after the extinction of the Male-line of the Cliffords 1643. Finally The King's Forces at Land being totally defeated he transported himself into France and was afterwards made Admiral of such Ships of War as submitted to King Charles the Second to whom after several disasters at Sea and wonderful preservations he returned to Paris 1652. where and in Germany sometimes at the Emperour's Court and sometimes at Heydelberg he passed his time in Princely Studies and Exercises till the Restauration of His Majesty now Reigning after which returning into England
Campo-bello or Campbell Turgot Prior of Durham and B. of St. Andrews wrote the Lives of King Malcolm Canmoir and of his Queen Margaret Liber Sconae a Chronicle written by the Monks of Scoone Liber Pasletensis The Black Book of Paislay a Chronicle written by the Monks of Paislay Liber Pluscartensis a Chronicle written by the Monks of Pluscardy One Blind Henry wrote the History of Sir William Wallace in Scottish Meeter John Barbour Archdeacon of Aberdeen did write the Life of King Robert Bruce in Scottish Meeter John Major Provost of St. Salvator's Colledge in St. Andrews wrote the History of the Nation William Elphinstone B. of Aberdeen wrote a Treatise of the Scottish Antiquities Hector Boeth or Boyes Principal of the King's Colledge of Aberdeen wrote the History of the Nation till the Reign of King James the First continued till the Reign of King James the Sixth by John Ferrerius a Piemontoise a Monk of Pluscardy John Balenden Archdeacon of Murray did translate Boyes History into English George Buchanan Praeceptor to King James the Sixth wrote the History of the Nation till the year 1572. Robert Johnstone wrote a Continuation of the Scottish History from the year 1572. till the year 1624. in Latine Folio John Leslie Bishop of Ross wrote the History of the Nation till the year 138 Raphael Holinshed wrote the History of the Nation till the Reign of King James the Sixth continued by Francis Thin Will. Cambden wrote a Description of the Kingdom John Dempster wrote an Introduction to the Scottish History David Chalmer wrote a Treatise of the Scottish Saints David Hume of Godscroft did write the History of the Earls of Douglass and Angus William Drummond of Hawthornden did write the Lives of the Five King James's William Sanderson wrote the Lives of Queen Mary King James the Sixth and King Charles the First John Spotiswood Archbishop of St. Andrews did write the History of the Church of Scotland from the first Plantation of the Christian Faith therein till the Death of King James the Sixth The Office of the Chancellor of State conferred upon him by that glorious Martyr King Charles the First he discharged to the satisfaction of his Royal Master and the advantage of the Church He was a person of rare Ornaments and in all things compleatly qualified for his Imployment yet he did not escape the hard measure which other Loyal Subjects tasted of for by the Covenanters he was forced to retire into England where he met with entertainment more suitable to his worth He ended his daies in a good old Age and was honourably Interred in Westminster Abby Anno 1639. after he had governed the See twenty four years George Wishart Dr. of Divinity and Bishop of Edinburgh did write the Actions of James Marquess of Montross Robert Gordon of Stralogh did write the Theatrum Scotiae being a description of the whole Kingdom with the Maps of every particular Country Printed by Janson Bleaw at Amsterdam a very excellent work The mercenary Printer did him a double injury first in printing with his Book Buchanan's Seditious Pamphlet De Jure Regni apud Scotos it being sufficiently known that the Author was of no such principle but alwaies Loyal Then in dedicating that work to the Usurper O. Cromwell whereas the Author sent over to the Printer a Dedication of his Book to His most Sacred Majesty at that time Prince of Wales and the Copy of that Dedication written with his own hand is yet in the Custody of his Son the Reverend James Gordon Parson of Rothimay This much was necessary to be said in vindication of that worthy Gentleman who was one of the most Learned persons of the Age he lived in If any think that this Treatise hath not swelled to that bulk that might be expected from an undertaking of this nature having so large a Subject to treat of let this suffice for an Answer that the several calamities that have happened in this Antient Kingdom may justly serve for an Apology when it is to be considered that after the Death of Alexander the Third of that Name King of Scotland and all his Sons which in one years space died of a pestilent Fever which was never before known in this Kingdom his Daughter being Queen of Norway died in the same year who left behind her a Daughter whom after the Death of the King and his Sons the Estates sent for to this effect Two Ambassadors were dispatcht to Norway to take care of the safe conveyance of this Young Lady the only hope the Kingdom relyed on It was not long after these Gentlemen that were sent to Norway returned bringing News that this Lady was dead likewise Consider what fears and sorrows at the hearing of these News did perplex the Subjects of this Kingdom So many deaths falling out in the Royal Family did presage great calamities to ensue For as the Loss of so worthy a King was great so their Fears was no less because of the uncertainty of the Succession Many Competitors six they were in number claiming the Inheritance of the Crown and all of them men of power and friendship It must needs be supposed that they did divide the Realm and so beget a Civil War yet these who were trusted with the management of Affairs during the Inter Reign did by their Mediation work them to a Compromise and to remit the decision of the Controversie to King Edward the First of England a Prince of long Experience and much respected in that time For this purpose divers Gentlemen were sent to King Edward who at that time was in France to inform him of the inconveniencies that were feared to fall out in the Kingdom of Scotland and the course they had taken to prevent the same intreating his help for quieting the State King Edward glad to have an hand in the making of a King in Scotland dimitted them with many kind expressions of his kindness to the Kingdom assigning a Dyet for the Competitors at Norham upon Tweed at which Dyet the King was present at this meeting there was no decision all the Competitors except two to wit John Baliol and Robert Bruce were ordered to cease from their claim Of Baliol and Bruce an Oath was taken that they should abide and stand by the Sentence the King should pronounce The like Oath was taken by the Prelates Nobles and other Commissioners who swore to accept of him for their King that would be tryed to have the best Right and for the greater assurance all their Seals were appended to the Compromise Five years and some more were spent before the Controversie was brought to an end At last K. Edw. returned to Berwick and calling the Twenty Four to whom the important Affairs were committed they were shut up in the Church there to debate the Matter none being permitted to have access unto them he himself now and then went in to know how their proceedings went and perceiving the greater part
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 Restra●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 ●● 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 ●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 f●om the King These had the Supream Authority about a●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 Civ●l to the Peop●e who in themselves o● 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 H●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 Ki●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 ●●rope concentred he is descen●●●●●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
Royal Palace of St. James's over which house the same day at noon was seen by thousands a Star and soon after the Sun suffered an Eclipse a sad presage as some then divined that this Princes power should for some time be Eclipsed as it hath been and some Subject signified by a Star should have extraordinary splendor Baptized Was Christened the 27th of June following by the then Bishop of London Dr. Laud. Had for his Godfathers his two Uncles Lewis the 13th King of France and Frederick Prince Palatine of the Rhein then called King of Bohemia represented by the Duke of Richmond and Marquis of Hamilton His Godmother being then the Queen Mother of France represented by the Dutchess of Richmond Had for Governess Mary Countess of Dorset In May 1633. he was first Knighted and immediately after he was made Knight of the Garter and installed at Windsor Education At the Age of Eight he had for Governour the Earl afterwards Marquis now Duke of Newcastle and after him the Late Earl of Barkshire and for Tutor or Praeceptor Dr. Duppa then Dean of Christ Church after Bishop of Salisbury and lately of Winchester At the Age of Twelve was with the King his Father at the Battel of Edge Hill and soon after at Oxford was committed to the care of the Marquis of Hertford About Fourteen years old was in the Head of an Army in the West of England At the Age of Fifteen a Marriage was proposed between him and the Eldest Daughter of the King of Portugal the Infanta Joanna since deceased Two years after was from Cornwal transported to the Isle of Scilly and after to Jersey and thence to his Royal Mother to St. Germains near Paris At this time the Parliament in England being at variance with the King A little time after he was at Sea with some Naval Forces endeavouring to rescue the King his Father then in the Isle of Wight out of the wicked hands of his Rebellious Subjects Not many months after upon the sad news of the horrid Murther of his Royal Father he was in Holland first saluted King and soon after proclaimed in Scotland being not yet nineteen years of Age. At the Age of Twenty from Holland he landed in Scotland June 1650. and in January following to the joy of His Loyal Subjects there he was Crowned at Scoone the place where his Ancestors had been Crowned At his Coronation there was this Solemnity A Reverend and Learned Divine Mr. Robert Douglass preaching a Sermon concerning the Dignity and Honour due to Kings all the Nobility being present he was invested with the Regalia The Crown being put upon his Royal Head he was by the joyful Acclamations of his people saluted King all of them present with one voice crying out God save the King God save the King God save the King These precise times not allowing the ordinary Rites of Coronation The third of September 1651. fought the Battel of Worcester whence after the unfortunate loss of his whole Army wandring in disguise about England for six weeks and most wonderfully preserved he was at length transported from a Creek near Shoram in Sussex to Feccam near Havre de Grace in France in which Kingdom with his Royal Brothers and divers Scotish and English Nobility Cle●gy and Gentry he was for some years received and treated as King of Scotland and England Afterwards he passed his time in Germany Flanders and Spain in the studies and exercises most befitting a Prince until the year 1660. at which time being at Brussels in the Spanish Territories perceiving a general inclination of his Subjects in England to receive him he providently removed himself to Breda within the Dominions of the United Provinces in the Netherlands and thence in May to the Hague After a little abode there by the humble invitation of his Scotish and English Subjects he imbarked at Scheveling the 23 of May 1660. and with a gallant Fleet and gentle gale of wind landed the 25th at Dover and on the 29th following being his Birth-day and then just 30 years of Age he entered into London being attended with most of the Nobility and Gentry of the Three Kingdoms where he was received with the greatest and most universal Joy and Acclamations and Magnificence that could possibly be expressed And on the 23d of April 1661. was Crowned with great Solemnity Ceremony at Westminster His Majesties life hath been full of wonders But three passages especially seem miraculous First at his Birth a bright Star seen over him at Noon-day by many thousands Secondly His escape in and after the Battel of Worcester when being in the very heart of England forsaken by all a summ of money by publick Act promised to those that should discover him and penalty of High Treason to any one that should conceal him when he was seen and known by many persons of all sorts and conditions whereof divers were very indigent and so very subject to be tempted with the proposed Reward and divers of the Female Sex and so most unapt to retain a secret When he was necessitated to wait so many weeks and appear in so many places and companies before a fit opportunity of Transportation could be found Thirdly His Majesties Restauration quippe impossibile fuit filium tot precationum tot lacrymarum tot miraculorum periisse that after so many years dispossession his most inve●erate potent subtle enemies in full and quiet possession on a sudden the desire of him should like Lightning or a mighty Torrent run over his Kingdoms in such a manner that he should be solemnly invited magnificently conducted and triumphantly received without blood blows bargain or any obligation to any Forein Prince or Potentate This was the Lord's doing and must for ever be marvellous in our eyes Justly might the Great Turk hearing of His Majesties Restauration declare if he were to change his Religion he would adore and worship the God of the King of Great Britain Of His Sacred Person of His Life and Safety the Laws of Scotland are so tender that it is High Treason only to imagine or intend the Death of the King And because by imagining or conspiring the Death of the King's Counsellors or great Officers of his Houshold the destruction of the King might ensue the Law hath provided they should be punished with Death The King's Person is in so high an esteem that to offend against those persons that represent the King as to kill some of the Crown Officers or the King's Judges or to counterfeit the King's Seal or his Moneys is made High Treason because by all these the King's Person is represented and High Treason is so horrid that besides loss of Life and Honour Real and Personal Estate to the Criminal His ●●irs also are to lose the same for ever and to be ranked amongst the Peasantry and Ignoble till the King shall please to restore them The Law by no means will suffer an Idiot or Lunatick to go
in this Court with the Lord Justice General and the Lord Justice Clerk All Tryals for Life are in this Court which sits every Friday in the Time of Session in the Afternoon Here all the Subjects Peers as well as Commons are tryed The difference between a Peer and Commoner in their Tryal in this Court is this viz. The greater part of the Peers Jury called by the Scottish Law an Assize must be Peers The Jury is made up of 15 The Foreman who is called the Chancellor of Assize gathers and reports the Votes The major part determins the matter The present Justice General is the Earl of Queensbury Of the Exchequer The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in commission the Lord Treasurer Deputy and some Assistants called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy usually carry all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of these Courts is Edinburgh which has been long the chief Seat of the Government though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience than the bringing up all their Affairs to Edinburgh CHAP. VI. Of Inferiour Courts of the Sheriffdoms The Names of the Sheriffs who are so most by Inheritance The Courts of Regality A Barons Court NExt to these Supreme Courts there are other Inferiour Courts And first there are in all the Shires of Scotland Sheriffs who are the Judges in all Matters of of Meum and Tuum in Thefts and in all lesser crimes as likewise in Murthers if the Murtherer be taken in hot blood as they call it when the person is newly slain But though there lyes no Appeal in this Kingdom in any Court yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of Inferiour Judges and order to be brought before themselves Most of the Sheriffs were antiently so by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a Power in their Shires that our King of late hath thought fit to agree with many of these Sheriffs for their Rights by which it comes to pass that many of them now are in the King's Gift The Sheriffs may either sit and give Judgment themselves or do it by a Deputy which they most commonly do except in some great cases For the more full satisfaction of the Reader it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs Shires or Counties of Scotland and their Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian Charles Maitland The Shire of Berwick containeth Mers Earl of Home The Shire of Peeblis containeth Tweddail Earl of Tweddail The Shire of Selkirk containeth the Forrest of Etterick Murray The Shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail Anandail E. of Queensbury The shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The shire of Aire containeth Kyle Carrict and Cunninghame E. Dumfreis The shire of Renfrew containeth the Barony of Renfrew E. of Eglington The shire of Lanerick containeth Clidsdail D. Hamilton The shire of Dumbritton containeth Lenox D. of Lenox The shire of Bute containeth the Isles of Bute and Arran Sir James Stewart of Bute The shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles all Ila Jura Mull Wyist Teriff Coll Lismore c. E. of Argile The shire of Perth containeth Athol Goury Glenshee Strath-Ardell Broad Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern D. of Atholl The shire of Striveling lyeth on both sides the River Forth E. of Marr. The shire of Linlithgow West Lothian John Hope of Hoptoun The shire of Clackmanan containeth a small part of Fife lying on the River Forth towards Striveling Sir D. Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Lo●hleiven and the Ochell Hills E. of Morton The shire of C●uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila ●len Esk Glen-Prossin E. of Southesk The shire of Kinkardin cont Mernis E. Mareschal The shire of Aberdeen containeth Mar with its pertinents as Birse Glentaner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land E. Dumfermline The shire of Bamf containeth a small part of Buchan Strath-Dovern Boyn Enzy Strath-Awin and Balveny Sir James Baird of Auchmedden The shire of Elgine containeth the Eastern part of Murray Robert Dumbar of The shire of Nairn containeth the West part of Murray The shire of Innerness containeth Badenoch Lochabyr and the South part of Ross E. of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrquart of Cromarty The shire of Tayne containeth the rest of Ross with the Isles of Sky Lewes and Harrigh E. of Seaforth The shire of Dornoch containeth Southerland and Strath-Naver E. of Southerland The shire of Weik containeth Cathness E. of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale D. of Lauderdale Stewartries Stewards Strath-Yern E. of Pearth Monteith E. of Monteith Annandail E. of Annand Stewartries Stewards Kirkudbright containeth the East part of Galloway E. Nithisdail Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington Court of Regalities There are also many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and Death besides many other great immunities and priviledges This began chiefly in Church lands for all the Bishops and most of the Abbots had these Regalities granted them some of the antient and great Peers got the same power bestowed upon them and many more have lately got their Lands erected into Regalities The Judge is called the Bailiff of the Regality who sits as often as there is cause Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance These being given by the King a Church-man not being allowed to give a Commission in causa sanguinis A Barons Court Besides these every one that holds a Barony of the King has a Baron Court in which le●●er matters are also judged and they may fine and distrain Antiently these Baron Courts might judge of Life and Death but now it is not so For all the other particulars that relate to the Regalities Superiorities and
eminent Virtues we admire in the Primitive Bishops seemed to be revived His Life was most exemplary and severe he Preached constantly and by his appearance in time of his Preaching he seemed like one in Heaven being so much touched himself with what he delivered to others His humility was astonishing his meekness and charity extraordinary his expence on himself very small all that he had he laid out on the Poor He was very tender of all the concerns of his Clergy and by his excellent deportment and heavenly discourses did much edifie and instruct them all He studied by the most gentle methods possible to overcome the peevishness of the Schismaticks but all was in vain for they became more insolent and stubborn He was translated to Glasgow 1670. who in 1674. resigning Alexander Burnet was restored and he retired from all Publick Offices His Predecessor was James Wedderburn Professor of Divinity in St. Andrews and thrust out by the Covenanters Upon the Translation of Robert Leighton James Ramsay Dean of Glasgow was preferred to the See 1676. The Bishop of Dumblane is alwaies Dean of the King's Chapel Royal. The Diocess of Dumblane contains part of Perth and Striveling-shire The Bishops of Ross John Paterson Preacher in Aberdeen was promoted to the Bishoprick of Ross 1662. Upon his Death Alexander Young Bishop of Edinburgh was translated to this See John Maxwell one of the Preachers of Edinburgh a very Learned man a great Preacher and of excellent parts was Bishop of Ross and thrust out by the Covenanters 1639. and afterwards much persecuted by them The Cathedral of Chancnry where the Bishop of Ross his Seat is was demolished by the first Reformers some part whereof is lately rebuilt The Diocess of Ross hath under its Jurisdiction the Shires of Tayn Cromarty and the greater part of Innerness-shire The Arms of the Bishoprick of Ross are Argent a Bishop standing on the Sinister habited in a long Robe close girt Purple Mitred and holding in his left hand a Crosier Or and pointing with the Right to St. Boniface on the dext●r side clothed and both his hands placed on his Breast proper Bishops of Cathnes Upon the Restitution of Hierarchy 1662. Patrick Forbes was preferred to the See John Abernethy a Learned and worthy Prelate was promoted to this See and thrust out by the Covenanters Dr. Wood was preferred and now governs this See The Diocess of Cathnes whereof Dornoch in Sutherland is the Bishop's Seat contains the Shires of Cathnes and Sutherland There is not much said of the Cathedral Bishops of Orkney Thomas Sydserfe Bishop of Galloway Anno 1662. the only Bishop then alive of all that had been thrust out by the Covenanters was translated to Orkney He sate but a little time dying 1663. Unto whom succeeded Andrew Honniman a Learned and Pious man and good Preacher This Bishop accompanying the Archbishop of St. Andrews received a wound in the Arm by ●istol-shot aimed at the Archbishop of St. Andrews by an obscure fellow named Mitchel who afterwards was execu●ed This Bishop died An. 1676. and was buried at Kirkwall in the Cathedral Church Murdack Makenzie Bishop of Murray was translated to this Bishoprick and now governs the See There was one George Graham Bishop of Orkney being terrified with the censures of the Assembly of Glasgow did abjure Episcopacy submitting to the Presbyterian Government betaking himself to the Charge of a particular Parish 1638. Hereupon King Charles the First did promote Robert Baron Doctor and Professor of Divinity in the Marischal Colledge of Aberdeen to the Bishoprick The Learned and worthy man having incensed the Covenanters by expressing his Loyalty so publickly in the Disputes between the Doctors of Aberdeen and Mr. Henderson Mr. Dick and Mr. Cant the Three great Champions for the Covenant was forced to fly to Berwick where he died shortly after before his Consecration The Diocess of Orkney hath under its Jurisdiction all the Northern Isles of Orkney and Schetland Bishops of Argile An. 162 was promoted to this See Boyd who as he was descended from one of the Noblest Families in the Kingdom being Brother to the Lord Boyd so he was a very extraordinary person He found his See full of ignorance and Barbarity scarce any Churches or Schools in it And in many places the very name of Christ was not known He set himself wholly to the work of the Gospel and planted many Churches He resided constantly in his Diocess and was a great example of Piety and Virtue And for all the prejudices that are in these parts against that Order yet he is never named among them to this day but with great honour as an Apostolick person James Fairly sometimes Bishop of Argile was thrust out by the Covenanters 1638. and afterwards renounced his Bishoprick and accepted a private charge Anno 1662 Fletcher Rector of was preferred to the place who dying Anno 1665. William Scrougy Parson of Raphan in Aberdeenshire was preferred to the place he governed the See nine years and died at Dumbarton Anno 1675. Unto him succeeded Arthur Ross who since is translated to Glasgow The Diocess of Argile contains the Countries of Argile Lorn Kintire and Lochabyr with some of the West Isles such as Lismore c. The Arms of the See of Argile are Azure Two Crosiers disposed in Saltier and in chief a Miter Or. Bishops of the Isles Since the Restauration of Bishops Robert Wallace Rector of Barnwell in the Sheriffdom of Air was made Bishop of this See Anno 1602. John Lesly was Bishop of this See and after was translated to the Bishoprick of Rapho in the Province of Armagh in Ireland he lived in King James the Sixth's time a consecrated Bishop and in King Charles the first 's time in the late Rebellion he was a great sufferer being sequestered and plundered yet he out-lived all this misery and at the Restauration of Bishops in Ireland he was restored to his former Bishoprick in Rapho He was the antientest consecrated Bishop in Christendom To him Neil Campbell Rector of succeeded 1602. in the Bishoprick of the Isles who was thrust out by the Covenanters 1638. A List of the Archbishops and Bishops of Scotland The Archbishop of St. Andrews The Archbishop of Glasgow The Bishops of Edinburgh Galloway Dunkeld Aberdeen Murray Ross Brichen Dumblane Caithnes The Isles Argile Orkney The Bishops of Scotland take their places thus St. Andrews Glasgow Edinburgh Galloway the rest according to the Seniority of their Consecrations Here observe that Mr. Colin Faulconer formerly Minister of Forress was preferred to the Bishoprick of Murray CHAP. X. Of Bishops Jurisdictions Of their Commissaries Of the Court of Session Of Presbyteries A List of the Presbyteries of Scotland Of Synods Of the General Assembly HAving given this former Account of the Bishops according to their Successions it will seem convenient to add something concerning their Jurisdictions which is committed to their Substitutes Every Bishop hath under him one Official or Commissary
gave to the Colledge two parts of the Revenues of the Bishoprick of Aberdeen so long as the See should remain vacant An. 1641. upon which Donation eight Bursars more were endowed and the University was called the Caroline University King Charles the Second by the Advice of the Estates of Parliament did bestow upon it Anno 1672. the stipends of all these Churches wh●ch should happen to be vacant within the Diocesses of Aberdeen Murray Ross and Cathnes and that for seven years following the Date of the Act. William Stuart Bishop of Aberdeen built the Library Chapter-house Vestry-house a School and Chambers for the Chaplains Gawin Dumbar Bishop of Aberdeen built the South-quarter of the Colledge and the Houses belonging to the Prebendaries and did perfect whatsoever Bishop Elphinstone left undone Nicholas Hay Professor of the Civil Law and Official of Aberdeen gave maintenance for Bursars Duncan Sherar Parson of Clat gave certain Lands towards the maintenance of Bursars Robert Maitland Dean of Aberdeen procured the annexation of the Deanry to the Colledge Anno 1579. Walter Stewart Principal procured the annexation of his Rectory of Methlick to the Colledge Sir Thomas Burnet of Leyis endowed three Bursars James Wat Rector of Snaith in Yorkshire gave certain Lands towards the maintenance of a Student of Divinity Alexander Reid Dr. of Physick left in Legacy to the Colledge two hundred pounds of English money He also left his Books to the Library John Forbes Doctor and Professor of Divinity did purchase two Houses he left one for the accommodation of his Successors Professors of Divinity and the other for the use of the Cantor The following persons left their Books to the Library Alexander Strachan Doctor and Professor of Divinity George Clerk a Minister Thomas Garden George Anderson Sir Francis Gordon Alexander Blackhall Student of Divinity Resident at London Thomas Mercer Burgess of Aberd●en Principals An. 150 Hector Boeth or Boyes descended from the Boeths of Panbride in Angus Born in Dundee and Bred up in Letters in the University of Paris was the first Prinpal Besides his History of the Scots he wrote the Lives of the Bishops of Aberdeen Anno 153 Will. Hay Sub-principal was his Successor Anno 1552. John Biffait continued six years and resigned his place because of his infirmity proceeding from long sickness to Anno 1558. Alexander Anderson Sub principal who was also Parson of Tyrie and Vicar of Kinkell This man was a great Scholar and a subtil Disputant but no great friend to the Colledge For the hatred he bare to the Reformed Religion he alienated some of the Colledge Revenues destroyed many of its Writings and Evidences whereby many Lands and other Rents belonging to St. Germans are quite lost sold the Ornaments Books and other furniture belonging to the Colledge Commendable he was in one thing for when some of the Reformers would have taken away the Lead and Bells he beat them away by violence He was afterwards turned out and the place conferred upon Anno 1569. Alexander Arbuthnot Brother to the Baron of Arbuthnot Parson of Arbuthnot and Logy Buchan a most Learned and pious Divine Anno 1584. Walter Stewart Sub-principal was his Successor a very hopeful person taken away in the thirty sixth year of his Age. Anno 1593. Upon his Death David Rait of the House of Hallgreen in the Mernis Sub-principal was preferred to the place He continued Principal forty two years Anno 1634. To him succeeded William Leslie D. D. Sub-principal a man of great Learning In his Time Anno 1634. a storm of Wind beat down the Top of the great Steeple which afterwards was built more stately consisting of 4 Arches supporting a Crown with a Globe and Cross Principal Leslie was for his Loyalty thrust out by the Covenanters and in his room was Elected Anno 1640. William Guild Doctor of Divinity Minister in Aberdeen and one of the Chaplains to King Charles the First a Learned and worthy person He built the Tradesmens Hospital in Aberdeen left considerable Legacies to the Poor and bequeathed his Books to the Library of St. Andrews Anno 1649. The General Assembly gave a Commission to some Ministers and Lay Elders to reform the Colledge and to expel the Malignants Persons thrust out Dr. Will. Guild Principal Alex. Middleton Sub-principal Professors of Philosophy Patrick Gordon Geo. Middleton Persons put in their places The Commissioners at that time did not unanimously agree whom to put in and considering Winter drawing near that the Colledge would not be well governed unless there were a Principal or Sub-principal therefore they ordered the Sub-principal to continue till his place was supplied by another Shortly after the Masters restored the Principal in despite of all opposition to his place Anno 1651. General Monk sent five Collonels to reform the Colledge Collonel Fenwick Moseley Disburrough Owen and Smith At this Reformation both Principal and Sub-principal were turned out Gilbert Reule was substituted in the room of the latter and the place of the former was conferred upon Anno 1652. John Row an Independent Minister in Aberdeen a person well seen in the Latine and Greek Languages and not ill in the Hebrew In his Time Anno 1657. was laid the Foundation of the New Work in the North-East corner of the Colledge of six Stories high consisting of 24 Chambers with Chimnies conveniencies a School and a Bulliard-house The Money that built it was given by the Masters other well disposed persons whose names are written in a Register called Album Amicorum Collegii Regii Abredonensis Mr. Row continued Principal till Anno 1661. At which time William Rait Minister at Brichen was preferred to the place he stayed only a year and returned to Brichen Anno 1662. Alex. Middleton Minist in old Aberdeen and Sub-principal of whom before succeeded him Professors of Divinity The Professor of Divinity was founded by the Bishop Synod and Colledge of Aberdeen Anno 162 The first Professor was John Forbes Doctor of Divinity a most pious peaceable and Learned Divine he continued till the year 163 And being by the Magistrates of Aberdeen chosen to be one of the Ministers of the Town he left for his Successor Anno 1634. Andrew Strachan Dr. of Divinity who lived little above a year after his Instalment Anno 1635. Dr. Forbes was chosen Professor again and continued till for his Loyalty he was thrust out by the Covenanters Anno 1639. Shortly after he went into Holland where he published his Instructiones Historico-Theologicae and returning home died in his house of Corse Anno 164 William Douglass Minister at Forgue succeeded Dr. Forbes He died Anno 1665. Anno 1673. Henry Scougall Parson of Achterless was after some years vacancy preferred to the place The Election of the Rector Dean of Faculties Professor of the Oriental Languages Professors of Philosophy c. is by the major part of the Masters The Principal and rest of the Prebendaries are chosen not only by the major part