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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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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
was made a Privy Councillor in 1662. and in 1666. being joyned Admiral with the Duke of Albemarl first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the enemy soon to flight He enjoyes a Pension from His Majesty of 4000 l. per annum After Prince Rupert the next Heirs to the Crown of Scotland are three French Ladies Daughters of Prince Edward deceased who was a younger Son of the Queen of Bohemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the Late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. sterling a year There was two Daughters of Frederick Prince Palatine of the Rhine who being unmarried are deceased The last is the Princess Sophia youngest Daughter to the Queen of Bohemia Born at the Hague 1630. and in 1659. wedded to John Duke of Lunenberg and free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters she is said to be one of the most accomplisht Ladies in Europe Having this particular Account of all the nearest in Blood to the Crown of Scotland being the Issue of King James the Sixth and King Charles the First it will not be amiss to relate these that are descended of the Daughter of King James the Second since whom till the Queen of Bohemia no collateral branch sprung from the Royal Family of whom any Issue remains James Lord Hamilton was married to the Daughter of King James the Second and had Issue first James created Earl of Arran whose Son was the Duke of Chastelherault from whom by Two Sons are descended the Families of Hamilton and Abercorn and by Two Daughters the Families of Huntley and Lauderdale And by an Act of Parliament signed by all the Three Estates the Original whereof is yet extant in the Reign of Queen Mary The Duke of Chastelheraults Family is declared next the Queen and her Issue the Rightful Heir of the Crown The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter married to the Earl of Lennox from whom descended the Family of Lennox There is no otther branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestor the Lord Kennedy married King James the firsts Sister from which Marriage that Family is descended And so much of the Royal Family CHAP. V. Of the Chief Officers of State of the Court of Justice The Manner of Elections of the Members in Parliament and Riding of Parlialiament Of the Privy Council Of the Senators of the Colledge of Justice Of the Justice Court of the Exchequer THE Government of the Kingdom being wholly in the Crown the King administers it by his officers of State and Privy Council The Officers of State are Eight The first is the Lord Chancellour who is Keeper of the Great Seal and President in all Courts where-ever he is This Office was in the Person of John Duke of Rothes lately deceased The Second Officer is the Lord High Treasurer who governs the Revenue and presides in the Exchequer This Office is now in Commission The Third Officer is the Lord Privy Seal who is at present John Duke of Athol These Three take place of all the Nobility The Fourth Officer is the Lord Secretary who keeps the Signet and is a Lord by his Office and takes place of all of his Rank The Office of Secretary is executed by the Right Honourable Alexander Earl of Murray The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and Names of all the Clerks of Parliament and Session and the Keepers of Publick Registers This Office is executed by Sir Thomas Murray of Glendoick The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in cases in which the King is concerned and in these he pleads in the King's Name The present Lord Advocate is Sir George Mackenzie of Rose-haugh The Seventh Officer is the Lord Treasurer Deputy who is Assistant to the Lord High Treasurer and is a check upon him and presides in the Exchequer in his absence This Office is executed by Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice General in Criminal Causes The present Justice Clerk is Rich. Maitland Esq All these have the Title of Lord and the Precedency of all under Noble men and their Eldest Sons Of the Courts of Justice The Chief and Supream Court of Justice is the High Court of Parliament which is made up of Three Estates The first is the Ecclesiastical that of Old consisted of Bishops and Miter'd Abbots but since the Reformation consists only of Arch-Bishops and Bishops The second Estate is the Nobility who were antiently divided into the greater Barons and the lesser for every man that holds Lands of the Crown with a priviledge of holding a Court much like the Lord of a Mannour in England is called a Baron and all were obliged to appear personally in Parliament Proxies never being allowed by the Law of Scotland and give the King Counsel This proved a very hard burden to the small Barons upon which they desired to be excused from their Attendance in Parliament And this was granted them as a favour in King James's the first Reign And though by that Act they might have sent two or three or more to represent them from every Shire yet they made no use of that for above 150 years But King James the Sixth to ballance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners of the Shires The third Estate is the Burroughs every one of which chuseth one Commissioner or Burgess only the City of Edinburgh as the Metropolis chuseth two Elections of Members of Parliament The Parliament is summoned by Proclamation made at the Head Burrough of every Shire forty daies before they meet upon which the Shires and Burroughs meet about their Elections Every one that holdeth Lands of the Crown that in the Rolls of the Taxation the Antient Name of Subsidies and Assessments are valued at forty shillings Scottish Money of Taxation to the King which will be in real value about ten pounds sterling a year is an Electour or may be Elected so he be rightly vested in the Land or according to the Scottish terms infeoft and seized and be not at the King's Horn that is under an Outlawry The Electours subscribe the Commissions they give and so their Commissioner is returned and if there be Cross Elections the Parliament is only Judge In the Burroughs the Common Council of the Town makes the Election The Manner of the Riding of the Parliament When the day comes in which