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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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unpunish'd in case of Treason against the King who cannot be said to have any will and so cannot offend who during his Idiocy or Lunacy shall kill or go about to kill the King he shall be punish'd as a Traytor yet being non compos mentis the Law holds he cannot commit Felony or petty Treason nor other sorts of High Treason Moreover for the precious regard of the Person of the King no Physick ought to be administred to the King but what his Physicians prepare with their own hands and not by the hands of an Apothecary and to use no Chyrurgions but such as are sworn the King's Chyrurg●ons All His Subjects by Oath of Allegiance are obliged and bound to defend His Person in his natural as well as political capacity with His own life and limbs He is Pater Patriae dulce decorum est pro Patria mori To lose life or limb in defending the King from Conspiracies Rebellions or Invasions or the Execution of His Laws should seem a pleasant thing to every Loyal hearted Subject The King's Revenue anciently consisted most in Crown-Lands which could not be alienated but by Act of Parliament and in the Wards and Marriages of the Vassals of the Crown But most of these have been of late years given away and most of the Tenures of Lands are changed although there has been no general Law for taking away the Wards The Revenue is now raised out of the Customs and Excise The last is given this King for life but the former is in the Crown for ever The rest is raised out of what remains of the Crown-Lands and the Wards The King of Scotland beareth for his Soveraign Ensigns Armorial as followeth a double Tressure counterflowered de Lys Or and a Lion Rampant Gules Of the Present Queen of Scotland England c. Donna Catherina Infanta of Portugal being Queen Consort of Scotland England c. and the Second Person in the Kingdoms was Daughter of Don Juan the fourth of that Name King of Portugal and of Donna Lucia Daughter of Don Guzman El bueno a Spaniard Duke of Medina Sidonia who was Lineally descended from Ferdinando de la Cerde and his Consort Blanche To whom Lewis King of France her Father relinquisht his Right and Title to Spain descended to him by his Mother Blanche Eldest Daughter and Heir of Alphonso the Spanish King The Queen was born the fourteenth of Novemb. 1638. at Villa Vicosa in Portugal she was baptized Catherina signifying in Greek pure her Father being then Duke of Briganza though right Heir of the Crown of Portugal the most potent Subject in Europe for a third part of Portugal was holden of him then in Vassallage The Queen is only Sister at present of Don Alphonso the sixth of that Name and twenty third King of Portugal ●orn 1643. Hath another Brother more called Don Pedro born 1648. who is now Regent of the Kingdom of Portugal Having been most carefully and piously educated by her Mother and at the Age of twenty two desired in Marriage by King Charles the Second the Marriage not long after concluded by the Negotiation of Don Francisco de Melo Con. de Ponte Marquis de Saude and then Extraordinary Ambassadour of the King of Portugal and solemnized at Lisbon she embarkt for England upon the twenty third of April 1662. and was safely by the Earl of Sandwich conducted by a squadron of Ships to Portsmouth where the King first met her and was Re-married by the then Bishop of London who afterwards was Archbishop of Canterbury On the 23d of August 1662. Her Majesty coming by Water from Hampton Court was with great pomp and magnificence first received by the Lord Mayor and Aldermen of London at Chelsey and thence conducted by Water to Whitehall The Portion she brought with her was eight hundred millions of Reas or two millions of Crusadoes being about three hundred thousand pounds sterling together with that important place of Tangier upon the the Goast of Africk and the Isle of Bombaim near Goa in the East-Indies with a priviledge that any Subjects of the King of Great Britain c. may Trade freely in the East and West-Indies Plantations belonging to the Portugues The Queen's Joynture by the Articles of Marriage is thirty thousand pound sterling per annum and the King out of his great affection toward her hath as an Addition settled upon her 10000 l. per annum more The Queen's Arms as Daughter to the King of Portugal is Argent Five Scutcheons Azure cross-wise each Scutcheon charged with Five Plates or Besants Argent saltier-wise with a Point sable the Border gules charged with Six Castles Or. Queen Catherine is a Personage of rare perfections of eminent Piety and Modesty and extraordinary Religious and Charitable CHAP. IV. Of the present Princes and Princesses of the Blood And first of the Duke of Albany and York THE First Prince of the Blood is the most Illustrious Prince James Duke of Albany and York Second Son to King Charles the Martyr and only Brother to the present King our Sovereign He was Born Octob. 14. 1633. the 24th of the same month was Baptized and afterward committed to the Government of the then Countess of Dorset There was no Ceremony used in England when he was created D. of York which was the 27. of July 1643. the iniquity of these times not admitting thereof Scotland not being so happy as to have him or any of the Royal Family at that time among them After the Surrender of Oxford His Royal Highness was in 1646. conveyed to London by the prevailing disloyal Part of the Two Houses of Parliament and committed with his Brother Glocester and Sister Elizabeth to the care of the Earl of Northumberland In the year 1648. Aged about Fifteen was by Collonel Bampfield conveyed in a disguise or habit of a Girl beyond Sea first to his Sister the Princess Royal of Orange in Holland and afterwards to the Queen his Mother then at Paris where he was carefully educated in the Religion of the Church of England and in all Exercises meet for such a Prince About the Age of Twenty in France he went into the Campagne and served with much Gallantry under the great Commander the then Protestant Mareschal de Turene for the French King against the Spanish Forces in Flanders Notwithstanding which upon a Treaty between the French King and Cromwell the Usurper in 1655. being obliged with all his Retinue to leave the French Dominions and invited into Flanders by Don Juan of Austria he there served under him against the French King then leagued with the English Rebels against Spain where his Magnanimity and Dexterity in Martial Affairs though unsuccessful were very eminent In the year 1660. came over with the King into England and being Lord High Admiral in the year 1665. in the War against the United States of the Netherlands commanded in Person the whole Royal Navy on the Sea between England and Holland where
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
round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or short Cloaks about their shoulders A Baron hath but two Guards a Viscount two and a half an Earl three a Marquess three and a half and a Duke four Precedence Touching the Places or Precedences among the Nobility of Scotland it is to be observed that Dukes amongst the Nobility have the first place then Marquesses Dukes Eldest Sons Earls Marquesses Eldest Sons Dukes Younger Sons Viscounts Earls Eldest Sons Marquesses Younger Sons Barons Viscounts Eldest Sons Earls Younger Sons Barons Eldest Sons Viscounts Younger Sons Barons Younger Sons The Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no further having the Precedency of all the Nobility Yea the natural or illegitimate Sons of the King after they are acknowledged by the King take Precedency of all the Nobles under those of the Blood Royal. Moreover observe that all Nobles of the same degree take place according to the seniority of their Creation all Dukes Eldest Sons have the title of Earls and the Eldest Son of an Earl hath the title of the Earls Barony and sometimes of the Viscountry according to the Patent Of His Majesties Privy Council in the Kingdom of Scotland The Privy Council is chiefly imployed about publick Affairs and are Judges of Riots and any disturbance given to the Peace of the Kingdom Antiently the Lords o● the Session were the King's Council and so are stiled Lords of Counci● and Session The Power of the Privy Council hath 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 His Privy Council Lawyers do plead the Causes of Riots before them and when sentence is to be given every Privy Councillor gives his Vote and the major Vote carries it Lords and others of His Majesties present Privy Council of SCOTLAND His Royal Highness the Duke of Albany c. John Duke of Rothes Lord Chancellor Alexander Lord Archbishop of St. Andrews Primate John Duke of Athol Lord Privy Seal John Duke of Lauderdale Presid of the Council William Marquess of Douglass James Marquess of Montross Alexander Earl of Murray Secretary of State Archbald E. of Argile John E. of Errol George E. of Marischal Charles E. of Marr. E. of Linlithgow E. of Pearth Patrick E. of Strathmore Robert E. of Roxburgh E. of Queensbury E. of Ancram James E. of Airly E. of Balcarras William E. of Dondonald E. of Kintore E. of Broadalbine Archbald Lord Lorn John Lord Livingstone John Lord Bishop of Edinburgh James Lord Elphinstone John Lord Rosse Sir Charles Maitland of Ha●tone Treasurer Deputy Sir Thomas Murray of Glendoick L. Clerk Register Sir George Mackenzy of Rosehaugh L. Advocate Richard Maitland Esq L. Justice Clerk Sir James Dalrumpell Lord President of the Sessions Sir George Gordon of Haddo Sir George Mackenzy of Tarbot John Drummond of Londy Lieutenant General Dalziel Sir George Kinnard of Rossy Sir John Wachop of Nidry Of the Supreme Court of Judicature The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was antiently an ambulatory Court but was settled as it is now by King James the ●ifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Council and Session and a President to whom are added the Lord Chancellor and four Lords of the Nobility or as they usually call them Lords Extraordinary 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 But now by Act of Parliament the Summer Sessions are taken away and in stead thereof are henceforth to be kept in March They sit from Nine of the Clock in the Morning till Twelve all the daies of the week except Sunday and Monday There is an Outer-house and an Inner In the Outer-house there is a Bench where one of the Senators 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 Senators 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 upon the Bench there is a side Bar to which one of the Judges comes out by turns weekly as in the former and receives and answers all Petitions and Bills The Inner-house where all the rest of the Senators sit is a Court of great State and Order The Senators sit in a semicircle in Robes under them sit their Clerks who write all the most material heads of all that is pleaded at the Bar where the pleadings are long and very learned When the the Senatours have after all the parties are removed considered their arguments they give their sentence and the major part carries it Their final sentence determines all business in their Court there lying no Appeal from them only the Parliament as the Supreme Court may review and repeal their sentence their decisive sentence are called Decreets from the Latine Decreta Senators of the present Colledge of Justice The Lords Extraordinary The Lord Chancellor The Duke of Athol The D. of Lauderdale The Earl of Murray The Earl of Argile The Lords Ordinary not Noblemen Sir James Dalrumpell Lord President of the Session Charles Maitland of Hatton Sir George Mackenzy of Rosehaugh Sir Thomas Murray of Glendoick Sir James Foulis of Collington Sir John Lockart of Castlehill Sir Robert Nairn of Strathurd Sir James Foulis of Redford Sir David Nevoy of Nevoy Sir David Balfour of Torret Sir David Falconer of Newton Sir John Gordon of Pitmedden Sir Roger Hogg of Harcus Sir Andrew Birny of Saline Sir George Gorden of Haddo Of the Justice Court The next Supreme Court is the Justice Court where all Criminals are tryed It consists of a Lord Justice General and of a Lord Justice Clerk who is his Assistant The Earl of Argile had this Office by Inheritance but King Charles the First agreed with the said Earl and gave him the hereditary Justiciariship of of the High lands for which he laid down his pretensions to the other The Lord Justice General is not obliged to serve in person but may do it by Deputies and he commonly named two This Order was changed Anno 1669. and by Act of Parliament four Judges were appointed to sit
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