Scotish History and High Commissioners With A compleat Catalogue of all the Arch-bishops and Bishops AN APPENDIX TO THE HISTORY OF THE Church of Scotland CHAP. I. Containing the Succession of the BISHOPS in their several SEES from the Reformation of Religion to the year 1676. Archbishops of SAINT ANDREWS AFTER that Cardinal David Beaton was murthered in his Castle of Saint Andrews by Normand Leslie and his Complices James Hamilton Duke of Chattelrault Governour of the Realm did nominate his base Brother John Hamilton Abbot of Pasley to the place who thereupon was elected by the Canons and soon after confirmed by Pope Paul the Third who fearing that Scotland would follow the example of England in casting off the Yoak of the Roman See was glad to gratifie the Governour in that particular About this time the Estimation of the Clergy began to decrease because of their corrupt Lives and gross Ignorance which induced divers of that number to relinquish their Order and to make open profession of the Truth multitudes also of Monks and Friers leaving their Cloisters began to exhort the people to renounce the Romish Fopperies and Superstitions and to submit to the Doctrine of Christ every-where crying out against the Corruptions of the Church The Prelates in stead of composing matters calmly took the contrary course exercising great Severity against them and cruelly burning such of the New Religion as they termed it as fell into their hands those who fled they prosecuted with the highest Censures of the Church Burning them in Effigie and Cursing them by Book Bell and Candle But all this Cruelty served to no purpose for the death of Walter Mill who was the last Martyr that suffered for Religion was the very bane of Popery in Scotland mens minds being now wholly alienated from the Clergy and their Consciences convinced that the Doctrine of Jesus Christ did neither allow such cruel Principles nor countenance such bloudy Practices To return then to Archbishop John Hamilton who was attainted of Treason under the Government of the Earl of Murray He lurked a while amongst his Friends in the West of Scotland but finding little security there he betook himself to the strong Castle of Dumbarton whereof the Lord Fleming was then Governour But this Fort beâ—ng negligently kept was afterwards surprised by three Companies of Foot sent thither by the Earl of Lennox then Regent commanded by three Captains Ramsay Crawford and Hume who seising upon the Prisoners sent them to sundry places and the Archbishop with a strong Guard to Striveling where he was publickly hanged on a Gibbet erected for that purpose 1570. He was the onely Bishop that suffered by form of Justice in this Kingdom At this time the Rents of this Bishoprick were by the Regent conferred upon the Earl of Morton for some years as a recompence of his great charges in his Embassy to England That Earl that he might enjoy them legally made choice of John Douglas Provost of the New Colledge of Saint Andrews before a Carmelite Frier and Chaplain to the Earl of Argile to be Titular Bishop who was with much opposition of the Presbytery for at that time there was no Chapter admitted and installed 1572. This Bishop sate little above two years and died at Saint Andrews 1575. After his death the Earl of Morton then Regent did prefer Patrick Adamson his Chaplain to the Bishoprick of Saint Andrews This Bishop was sorely vexed by those of the Kirk-party who prosecuted him with the highest Censures of their Church and excommunicated him very informally for not submitting to their Judicatory but the business was afterwards compounded and the Bishop relaxed He was a man of great Learning but an ill Administratour of the Churche's Patrimony He sate fifteen years and died at Saint Andrews 1591. Hereupon the See continued void and the Profits thereof were by King James the Sixth bestowed on the Duke of Lennox till the Parliament 1606. wherein the Temporalties of Bishopricks in former times annexed to the Crown were restored the want of which had rendered the Bishops of unserviceable both to Church and State About this time George Gladstanes Bishop of Cathnes was translated to Saint Andrews a man of ready utterance and of great invention but of an easie nature as appears by his being induced so easily to lease out his Benefice for so many Ages to come to the great detriment of his Successours But in this he was not singular for the rest of the Clergy both Papists and Protestants did let Leases of their Benefices to their Friends and others for Hundreds of years and that for a pitifull pittance Which Extravagancy was afterwards restrained by the wisedom of King James when he was of age for he enacted That Bishops should let Leases for nineteen years Rectours c. for their Life-time and three years and other Beneficed persons for their Life-time and three years with consent of their Patrons Bishop Gladstanes governed the See ten years and dying at Saint Andrews 1615. was interred in the South-East Isle of the Parish-Church Upon his death John Spotiswood Archbishop of Glasgow was translated to Saint Andrews who procured to this See whose Rents were almost wholly alienated by his Predecessours the Revenues of the Priory of Saint Andrews then in Lay-hands as also the restauration of three hundred pounds of English money per Annum of a long time swallowed up in the Crown-rents The Office of the Chancellary in the State conferr'd upon him by that Glorious Martyr King CHARLES the First he discharged to the satisfaction of his Royal Master and the Churche's advantage He was a person of rare Endowments and in all things compleatly qualified for his imployment Yet did he not escape the hard measure which other Loyal Subjects afterward 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 days in a good old age and was honourably interred in Westminster-Abby Anno 1639. after he had governed the See twenty four years About this time our long Peace and the Plenty which did accompany it made us wanton our Prosperity puft us up with Pride we were Enemies to our own welfare weary of our present estate too much desirous of Revolutions and greedy of Novelties Our private Discontents begat Jealousies and Animosities which since they could be no longer smothered must needs burst out into a flame We were afraid of we knew not what nothing but the Preservation of Religion must be the Pretext and the Cloak to cover the Knavery which was afterwards acted and notwithstanding the Satisfaction given unto us by the Best of Kings in laying aside the Book of Common-Prayer Book of Canons and High Commission yet still we continued dissatisfied All the Favours conferr'd upon us by the Best of Princes could not ingage us to continue in our Duty and Allegeance to Him All the good fruit we brought forth
See a very worthy person he sate little above two years Upon his death Henry Guthry Rectour of was promoted to the Bishoprick of Dunkeld who died in the year 1676. The Chapter of Dunkeld consists of the persons following The Rectour of Kinelevin Dean Tibbermure Cantor Couper Archdeacon Lethindy Chancellour Dunkeld Thesaurer The Parson of Rattray Subdean The Rectour of Fungart The Parson of Ruffill Kepit-mack in Athol The Rectour of Inch-mack-grannoch Logy-Alachie The Parson of Moneidy The Rectour of Blair in Athol Eliot The Prebendary of Fearn Menmure Aberdaigy I can give no account of the Cathedral-Church in what condition it stands at present seeing I never saw it nor had any information concerning it The Diocese of Dunkeld contains the most part of Perthshire part of Angus and part of West-Lothian Bishops of ABERDENE THE Bishoprick of Aberdene suffered very much by Bishop William Gordon for he alienated the Profits thereof and in a short time brought the Revenues of that See almost to nothing And indeed this Benefice was at his death scarce worth the accepting About the year 1579. David Cunninghame Parson of Saint Nicolas was preferred to the See This Bishop was a grave learned and wise man imployed by King James the Sixth in an Embassy to the King of Denmark and the Princes of Germany wherein the Bishop did faithfully discharge his trust to his great commendation He died about the year 1603. Unto him succeeded Peter Blackburn Rectour of Saint Nicolas who governed the See about twelve years and dying Anno 1615. was buried in Saint Nicolas Church in New Aberdene Upon whose death Alexander Forbes of the House of Ardmurdo Bishop of Cathnes was translated to Aberdene He sate little above three years and dying Anno 1618. was buried in the Cathedral-Church To him succeeded upon King James's Nomination and the Chapter 's Election Patrick Forbes of Corse This worthy man at the earnest importunity of the Bishops of Aberdene and Murray did enter into Orders in the forty eighth year of his age An. 1612. and was preferred to the Benefice of Keath in Strath-Yla in which station he continued six years and after the death of Bishop Alexander Forbes at the importunity both of the Clergy and Laiety he did accept of the Bishoprick of Aberdene He was in great esteem and favour with King James and King Charles being Privy Councellour to both Kings In his old age he was much troubled with the Palsie Seventeen years did he faithfully and wisely govern the See and died in his house in Old Aberdene 1635. in the seventy first year of his age being interred in the South Isle of the Cathedral-Church near the Sepulchre of Bishop Gawan Dumbar His Commentary upon the Revelations and a Discourse of the Ministerial Office do shew his Learning and Judgment Upon his death Adam Bannatyn Bishop of Dumblane was translated to Aberdene who being thrust out by the Covenanters retired into England where he died shortly after His house in Old Aberdene for magnificence in all things like a Palace was plundered by a Regiment of the Covenanters and afterwards quite demolished by the English Usurpers Several Learned and Worthy men in the Diocese of Aberdene were at this time thrust out of their Livings The most considerable were John Forbes of Corse Doctour and Professour of Divinity in the King's Colledge of Aberdene Robert Baron Doctour and Professour of Divinity in the Marischal Colledge of Aberdene William Leslie Doctour of Divinity Principal or Warden of the King's Colledge of Aberdene Alexander Scroggie Doctour of Divinity Minister in Old Aberdene Patrick Dune Doctour of Physick Principal of the Marischal Colledge of Aberdene Alexander Ross Doctour of Divinity Parson of Saint Nicolas James Sibbald Doctour of Divinity Minister in Aberdene John Forbes Parson of Auchterless Andrew Logie Parson of Rayne John Ross Parson of Birse John Gregory Rectour of Drummaok John Logie Rectour of Raphan Thomas Thoires Minister at Vdny After the Restauration of the Hierarchy His most Sacred Majesty King CHARLES the Second preferr'd David Mitchel one of the Prebendaries of Westminster to the Bishoprick of Aberdene This worthy man was Anno 1638. one of the Preachers of Edinburgh and being thrust out by the Assembly of Glasgow retired into England He lived not a whole year after his Consecration he died in Old Aberdene and was interred in the South Isle of the Cathedral-Church 1663. To him succeeded Alexander Burnet Rectour of in the County of Kent who sate little above a year being translated to Glasgow which was then void by the death of Archbishop Fairfoul Upon this Translation Anno 1664. the Reverend Patrick Scougal Parson of Salton was promoted to the Bishoprick of Aberdene who is yet alive and governs the See wisely and piously The Chapter of Aberdene consists of the persons following Since the Rectory of Saint Machar was annexed to the King's Colledge the Principal thereof is Dean The Parson of Auchterless Cantor Rayne Archdeacon Birse Chancellour Daviot Thesaurer The Rectour of Saint Peters Subcantor The Parson of Kinkell who is the Patron of seven Churches Kinkell Drumblait Monkeigie Kintor Kemnay Kinnellar and Dyce The Parson of Morthlick The Rectour of Monimusk Kincairden of Neill The Rectour of Turreff Belbelvies Banchory-Devoneif Logie-Buchan The Parson of Clatt Methlick Innernochty The Rectour of Coldstane The Parson of Oyn Crowdan Tillinessill Forbes Phillorth Lonmay The Prebendary of Deir Ellen. The Cathedral of Aberdene dedicated to Saint Macbar was founded by Bishop Kinninmouth who died before the work was raised six cubits high Anno 1370 Bishop Leighton 1430 built Saint John's Isle laid the foundation of the great Steeple and of the two lesser Steeples and advanced the Fabrick mightily The Roof was laid on and the Floor paved with free-stone by Bishop Lindsay Anno 1445. Bishop Spence adorned the Chancel with many brave Ornaments 1460. Bishop Elphingston did perfect the great Steeple which was a mark for Sailours in those days and furnished it with costly and tunable Bells 1489. Bishop Dumbar did perfect the two lesser Steeples cieled the Church and built the South-Isle 1522. And his Successour Bishop Stewart built the Consistory-house Anno 1539. This glorious Structure being near ninescore years in building did not remain twentie years in its integrity when it was almost ruined by a Crue of sacrilegious Church-robbers for Anno 1560. the Barons of Mernis accompanied with some of the Towns-men of Aberdene having demolished the Monasteries of the Black and Gray Friers fell to rob the Cathedral which they spoiled of all its costly Ornaments and Jewels and demolished the Chancel Having shipped the Lead Bells and other Utensils intending to expose them to sale in Holland all this ill-gotten Wealth sunk by the just Judgment of God upon Sacriledge not far from the Gridle-Ness The body of the Cathedral was preserved from utter ruine by the Earl of Huntly Afterwards An. 1607. the Church was repaired and covered with Slate at the charge of the
or Obedience Thus continued they during the heat of Persecution and when Peace was restored they returned to their former Dwellings resuming their Callings which they had not left off but for a time laid aside Afterwards there sprung up another sort of Monks leading a solitary life when no Persecution forced them thereunto These considering the inconstancy of humane affairs that though they had Prosperity for the present it might be soon changed into a contrary condition if either the restless endeavours of Satan took effect or sinfull Christians were rewarded according to their deserts and prompted also thereunto by their own Melancholick dispositions chose a lone life and lived in Desarts Afterwards they were gathered together to live under one Roof because their Company would be chearfull in Health and needfull in Sickness one to another They sustained themselves by their Labour for every one had a Calling whereby to gain his Livelihood and relieved others by their Charity and very strict were they in their Lives and Conversations But afterwards Monks having sufficiency turned lazie then getting waxed wanton and at last endowed with superfluity became notoriously vicious and so they continued till they were finally extirpated Thus much concerning their Original proceed we next to their several Orders The first are the Benedictines or Black Monks so called from Saint Benedict or Bennet an Italian who flourished about the year 500 first Father and Founder of that Order The Benedictines and Augustinians came into Scotland about one time Their Convents 1. The Abbey of Icolmkill in the Isle Jona founded by Saint Columba about the year 590. 2. The Abbey of Dumfermling in Fife founded by Saint David the First King of Scotland about the year 1130. The Church whereof was built by King Malcolm the Third and was for several hundreds of years the Sepulchre of the Scotish Kings This Abbey was at the Reformation annexed to the Crown 3. The Abbey of Saint Colme in Inch-Colme in the River Forth founded by King Alexander the First about the year 1120. 4. The Abbey of Aberbrothock or Arbroath in Angus founded by King William 1178. This was the richest of our Scotish Abbeys At the Reformation it was conferred upon James Duke of Chattelrault and Earl of Arran who gave it to his second Son Lord John Hamilton At this day it is in the possession of the Earl of Panmure and the stately ruines thereof are yet to be seen 5. The Priory of Vrqhuart in Murray founded by King Alexander the Third 126 A Cell belonging to Dumfermling 6. The Priory of Coldinghame in the Mers founded by Edgar King of Scots 1106. A Cell belonging to Durham in England 7. The Monastery of South-Berwick founded by King David the First 8. The Monastery of Three wells or Trefontana in Lamermoor on the Borders of Lothian founded by the Countess of March A Cell belonging to South-Berwick 9. The Monastery of Kilconqhuar in Galloway founded by Ethred or rather Fergus Lord of Galloway The Cluniacks are Benedictines sifted through a finer fearce with some additionals invented and imposed upon them by Odo Abbot of Clugny or Cluni in Burgundy who flourished Anno 913. Their Convents 1. The Abbey of Pasley in Ranfrew-shire founded by Alexander the great Steward of Scotland 12 The Monks whereof wrote a History of the Nation At the Reformation it was bestowed upon Claud Hamilton third Son to the Duke of Chattelrault 2. The Abbey of Rewls-Cross or Corsraguel in Carrict founded by Thomas Earl of Carrict 126 The Cistercians are so called from Robert Abbot of Cisteaux in Burgundy who Anno 1088. did the second time refine the drossie Benedictines Their Convents 1. The Abbey of Sanudell in Kintyre founded by Saint Coule Milicora What this Founder was I know not 2. The Abbey of Souls-Seat Sedes Animarum in Galloway was founded by Fergus Lord of Galloway 3. The Abbey of Dundrennan in Galloway was founded by Fergus Lord of Galloway 4. The Abbey of Melross in Teviotdail founded by King David the First 5. The Abbey of Newbottle in Lothian founded by King David the First 6. The Abbey of Culross in Clackmannan-shire founded by Malcolm Mackduff Earl of Fife 7. The Abbey of Glenluce in Galloway founded by Rolland Lord of Galloway 8. The Abbey of Sweet-heart Dulcis Cordis or New Abbey in Galloway founded by Dornogilla Daughter of Alan Lord of Galloway and Wife to John Balliol 9. The Abbey of Balmerino in Fife founded by Emergards Wife to King William 10. The Abbey of Deir in Buchan founded by William Cummin Earl of Buchan 1218. 11. The Abbey of Cowper in Angus founded by King David the First 12. The Abbey of Kelso in Teviotdail founded by King David the First 13. The Priory of Machlein in Kile A Cell belonging to the Abbey of Melross 14. The Monastery of Elcho in Strath-Jern founded by David Lindsay Ancestour to the Earls of Crawfurd The Monks of the Order of the Valley of Reeds Vallis Caulium are a Branch of the Reformed Cistercians whose Institutions both in Habit Diet Divine Offices c. they punctually observe but with greater strictness confining themselves to much narrower Bills They possess very mean Revenues being wholly intent upon their Devotions and may not goe without the bounds of the Monastery it being onely lawfull for the Prior and one of the Order to goe abroad upon necessary occasions and to visit the Monasteries under their charge They are daily imployed in dressing the Gardens of Fruits and Herbs which are within the bounds of the Monastery and improved for the use of it This Order had four Convents in Scotland 1. The Priory of Ardehattan in Lorn founded by Duncan Mackowle of Lorn 2. The Priory of Lismehago in Clidisdail founded by Fergus Lord of Galloway 3. The Priory of Bewley in Ross founded by John Lord Bisset 4. The Priory of Pluscardy in Murray founded by King Alexander the Second the Monks whereof did write a Scotish Chronicle It was afterwards turned into a Convent of Black Monks The Augustinians are older in Europe then the Benedictines These do observe the Institutions of Saint Augustine Bishop of Hippo who was Saint Bennet's Senior by sixty years The Augustinians are also called Regular Canons Their Convents in Scotland were 1. The Abbey of Jedburgh in Teviotdail founded by King David the First 2. The Abbey of Holy-rood-house in Lothian adjoyning to the Canon-gate in Edinburgh founded by King David the First This Abbey is now one of the King's Palaces 3. The Abbey of Cambuskeneth in Striveling-shire founded by King David the First 4. The Abbey of Inchassray in Strath-Jern founded by Gilbert Earl of Strath-Jern 5. The Abbey of Scoon in Gowry founded by Alexander the First King of Scotland 6. The Priory of Crusa in the West Isles founded by Saint Columba 7. The Priory of Omistai in the West Isles founded by Saint Columba 8. The Priory of Holy-Cross at Peeblis in Tweedail founded by Fergus Lord of Galloway 9.
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 clearly and onely in the Crown But to these other great Additions have been made in the two Parliaments held since His MAJESTIE' 's Restauration For whereas the Supremacy in Ecclesiastical affairs was always in the Crown since the Reformation yet in the Reign of King James the Sixth the Power of the General Assembly was raised very high by Law which was the chief foundation of the late Troubles it being pretended that it was contrary to Law for the King to introduce any thing into the Church without the consent of a General Assembly It was therefore enacted in Parliament That the External Government and Polity of the Church was wholly in the King's power and that his Orders sent to the Privy Council and published by them about all Ecclesiastical matters Meetings and Persons were to be obeyed by the Subjects any Law or Practice to the contrary notwithstanding So that in all matters that relate to the Chuch-Government the King's Power is absolute The Second Point is about the Militia By the ancient Laws of Scotland all the King's Subjects were to assist him in his Wars Upon which a great enlargement of the King's Prerogative was grafted of late by two Acts of Parliament the Kingdom of Scotland offering to the King to raise and arm Twenty thoussand Foot and Two thousand Horse and to furnish them with forty days Provision to march into any of His Majestie 's Dominions of Scotland England or Ireland for suppressing any Foreign Invasion Intestine Trouble or Insurrection or for any other Service wherein His Majestie 's 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 Majestie 's Privie Council A Third Point is the Ordering and disposing of Trade with Forein Nations and the laying of Restraints and Impositions upon Forein imported Commodities which is declared a Prerogative of the Crown With these Sacred Rights is the Crown of Scotland cloathed The King's Revenue consisted anciently most in the 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 Customes and the Excise The last is given to 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 Persons nearest in bloud to the King are first all the Issue of King James and King Charles which are so well known to every one that they need not be repeated Next to them are all that are descended from 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 who was married to James Lord Hamilton and had issue first James created Earl of Arran whose Son was the Duke of Chastelberault from whom by two Sons and two Daughters are descended the Families of Hamilton and Abercorn and the Families of Huntly and Launderdail 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 Chastelberault's Family is declared next the Queen and her Issue the rightfull 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 other Branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestour the Lord Kennedy married King James the First 's Sister from which Mariage that Family is descended And so much of the Royal Family The Chief and Supreme Court is the High Court of Parliament which is made up of Three Estates The First is the Ecclesiastical that of old consisted of the Bishops and Mitered Abbots but since the Reformation consists onely of Archbishops and Bishops The Second Estate is the Nobility who were anciently divided into the Greater Barons and the Lesser for every man that holds Lands of the Crown with a Privilege of holding a Court much like the Lord of a Manour in England is called a Baron and all were obliged to appear personally in Parliament for Proxies were never allowed by the Law of Scotland and give the King Counsel This proved a very heavy burthen to the small Barons upon which they desired to be excused from their attendance in Parliament and this was granted to them as a favour in King James the First 's 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 balance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners for the Shires The Third Estate is the Burroughs every one of which chuseth one Commissioner onely the City of Edinburgh as the Metropolis chuseth two The Parliament is summoned by Proclamation made at the Head-Burrough of every Shire 40 days before they meet upon which the Shires and Burroughs meet about their Elections Every man that holds Lands of the Crown that in the Rolls of the Taxation the ancient Name of Subsidies or Assessments are valued at 40 shillings Scotish mony of Taxation to the King which will be in real value about Ten pounds Sterling a year is an Electour and may be Elected so he be rightly vested in the Land or according to the Scotish terms infeoft and seised 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 the onely Judge In the Burroughs the Common-Council of the Town makes the Election When the day comes in which the Parliament is to be held the Regalia the Crown Sceptre and the Sword of State which are kept in the Castle of Edinburgh are brought down in State to the King's Palace and are to be carried by three of the ancientest Earls that are upon the place bare-headed before the King or His Commissioner In the great Court before the King's Palace all the Members of Parliament do mount on Horseback with Foot-cloaths c. The Burgesses ride first the Commissioners of the Shires next then the Lords Viscounts and Earls in their Robes the last of whom do carry the
King's Name The present Advocate is Sir John Nubet of Dirlton The Seventh Officer is the Lord Treasurer Deputy who is assistent to the Lord High Treasurer and is a Check upon him and presides in the Exchequer in his absence This Office is executed by Sir Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice general in Criminal causes The present Justice Clerk is Sir Thomas Wallace of Craigie All these have the Title of Lord and the precedency of all under Noblemen and their eldest Sons The Privy Council is chiefly employed about publick Affairs and judges of Riots and any Disturbance given to the Peace of the Kingdom Anciently the Lords of the Session were the King's Council and so are still called the Lords of Council and Session but the Power of the Privy Council has been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with the Privy Council Lawyers do plead the causes of Riots before them and when Sentence is given every Privy Councellour gives his Vote and the major Vote carries it Lords of His Majestie 's Privy Council John Earl of Rothes Chancellour of the Kingdom Lord President of the Privy Council James Lord Archbishop of Saint Andrews his Grace John Duke of Lauderdail his Grace Alexander Lord Archbishop of Glasgow his Grace William Marquess of Douglas John Marquess of Athol Archbald Earl of Argile John Earl of Errol George Earl Marischal William Earl of Morton Alexander Earl of Murray Charles Earl of Mar. Earl of Linlithgow John Earl of Wigton Patrick Earl of Kinghorn Alexander Earl of Kelley David Earl of Weemis James Earl of Airley William Earl of Dundonald George Lord Ross Sir Charles Maitland of Hatton Sir James Dalrymple of Stair Sir John Nisbet of Dirleton Sir Thomas Wallace of Craigie Sir James Fowlis of Collington Sir William Sharp of Stainibill Sir William Scot of Ardross Sir George Kinnaird of Rossie Sir John Wachop of Nidrie Sir Gerge Monro of Culkairn Lieutenant General Thomas Dalyell The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was anciently an ambulatory Court but was settled as it now is by King James the Fifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Councill and Session and a President to whom are added the Lord Chancellour and four extraordinary Lords who are of the chief Nobility The extraordinary Lords have no Salary and are not obliged to attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February they sit from 9 a clock in the Morning till 12 all the days of the Week except Sunday and Monday There is an Outer House and an Inner In the Outer there is a Bench where one of the Senatours sits a Week and all of them except the President have their turns in it who hears all Causes originally and where the Case is clear he gives Sentence But if it be difficult or if either party desires it he reports it to the rest of the Senatours who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge on the Bench there is a Side-Bar to which one of the Judges comes out weekly by turns as in the former and receives and answers all Petitions and Bills The Inner House where all the rest of the Senatours sit is a Court of great State and Order The Senatours sit in a semicircle in Robes under them sit their Clerks who write the most material heads of all that is pleaded at the Bar where the Pleadings are long and very learned When the Senatours have after all the parties are removed reconsidered their Arguments they give their Sentence and the major Vote carries it Their final Sentence determines the business there lying no Appeal from them onely the Parliament as the Supreme Court may review and repeal their Sentence and they are called Decreets from the Latin Decreta Senatours of the Colledge of Justice Sir James Dalrymple of Stair President Sir John Nubet of Dirleton Sir Thomas Wallace of Craigie Sir Charles Maitland of Hatton Sir James Fowlis of Collington Sir Robert Nairn of Strathurd Sir David Nevoy of Nevoy Sir Peter Wederburn of Gosfurd Sir John Baird of Newbyth Sir John Lockart of Castlehill Sir Richard Maitland of Pitrichie Sir David Balfour of Forret Sir Thomas Murray Sir James Fowlis of Sir David Falconar of Newton The Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliaments or of the Customes and Practicks of the Colledge of Justice which are held of no less force then Acts of Parliament and where neither of these contradicts the Civil Law the Roman Law is of force This makes our Lawyers generally great Civilians for they goe either to Leiden Poictiers or Bourges and study the Civil Law in which some are learned to a high degree The Law of Scotland is easie and regular by reason of our Registers which are so full that Titles are much more easily cleared here then can be done where those Registers are not which may appear from the following Instances No man can have a Right to any Estate but by his being seised of it which is done by the delivery of Earth and Stone upon which an Instrument is formed called a Sasine and this must be registred within 60 days otherwise it is of no force by which means all secret Conveyances are cut off for if no Sasine be passed upon them or if these be not put in the publick Registers which every one may search the Conveyance is of no force All Bonds have a Clause in them for inserting them in the publick Registers and they being registred without any farther action by a charge of six days the Debitor must make payment otherwise Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under Outlawry and Rebellion and forfeits to the King his personal Estate and if he continues a year under it the Life-rent of his real Estate in which the Creditor is to be preferred for his interest the rest goes into the Exchequer By the Letters of Caption the party is seised on and put in prison nor is his House a place of security but may be searched for him By the Letters of Poynding the Debitor's Goods may be distrained where-ever they can be found A third Instance to which I shall adde no more is that any
Orkney and Schetland  The Constabularie of Hadington containeth East Lothian and Lauderdail Duke of Lauderdail STEWARTRIES STEWARDS Strath-Jern Earl of Perth Menteith Earl of Menteith Annandail Earl of Annandail Kirkubright containeth the East part of Galloway Earl of Nithisdail BAILIARIES BAILIFFS Kile  Carrict Earl of Cassils Cunninghame Earl of Eglington Besides these every man that holds a Barony of the King has a Baron-Court in which lesser matters are also judged and they may Fine and Distrain Anciently these Baron-Courts might judge of Life and death but that is now out of use For all the other particulars that relate to the Regalities Superiorities and other things of the Law of Scotland such as are curious may find full satisfaction in that most learned Work of Craigs de Jure Fendali written in Latin and Printed at Edinburgh in Folio The Military Government in Scotland of every County is not lodged in one person but the Regiments of Foot are commanded by Colonels and the Troups of Horse by Captains named by the King without any dependence upon one Lord Lieutenant nor are there Deputy-Lieutenants but the Lieutenant-Colonels and other Officers are named by the King as is usual in an Army The Court of Admiralty sits in Leith the chief Sea-port of this Kingdom but has not much business except in times of War to judge of Prizes The present High Admiral is His Royal Highness James Duke of York The Burroughs of Scotland are of three sorts either Royal Burghs Burghs of Regality or Burghs of Barony The former have Commissioners in Parliament and besides are a State apart for they meet yearly in a Convention called the Convention of Burroughs to which a Commissioner comes from every one of them There they make Laws for themselves about Trade and other things relating to their Corporations They hold these Meetings in a Circuit around the chief or as they call them the Head Burghs and at the end of one Convention they name the time and place for the next In these Burghs there is a Provost who has the chief Power and there are four Bailiffs that are next to him in the Government there is also a Dean of Gild who is the chief Judge among the Merchants likewise a Treasurer and a Common Council the one half of which is chosen yearly by the Merchants the other half by the Tradesmen who have likewise a Court of their own in which there is one from every Trade who is called the Deacon of the Trade and a Deacon Conveener who is their President and calls a Meeting of them when he pleases Those Deacons are chosen yearly by all the Freemen of their Trade and have a little Jurisdiction over them There are in most Burghs great Animosities and Factions between the Merchants and Tradesmen The Burghs of Regality are the Towns where these Lords hold their Courts The chief Magistrates are named by the Lord the rest they chuse themselves They have also great Freedoms little inferiour to the Royal Burghs onely they have no Commissioners in Parliament The Burghs of Barony are Mercat-Towns where the Lord of the Barony names some of their Magistrates and the Corporation chuses the rest In all these Burghs the Magistracy is no matter of burthen nor charge but of Power and Advantage from whence arise great Factions almost in them all A Catalogue of the Free CORPORATIONS or Royal BVRGHS in SCOTLAND Edinburgh in Lothian Linlithgow in Lothian Hadington in Lothian North-Berwick in Lothian Dumbar in Lothian Saint Andrews in Fife Cowper in Fipe. Dunfermlin in Fipe. Kirkaldy in Fipe. Craill in Fipe. Anstruther in Fipe. Pittenweem in Fipe. Dysert in Fipe. Earles-ferry in Fipe. Kinghorn in Fipe. Burnt-Island in Fipe. Culross in Fipe. Clackmannan in Fipe. Queens-ferry in Fipe. Dundee in Augus Montross in Augus Forfar in Augus Brichen in Augus Arbroath in Augus Kirkubright in Galloway Wigton in Galloway Whithorn in Galloway Stranraver in Galloway Glasgow in Clidisdail Lanerick in Clidisdail Elgin in Murray Nairn in Murray Forres in Murray Ranfrew in Ranfrewshire Pasley in Ranfrewshire Ruglen in Ranfrewshire Aberdene in Mar. Kintor in Mar. Bamff in Boyn Cullen in Boyn Innerness in Ross Tayne in Ross Air in Kyle Irwing in Cunninghame Rothsay in Bute Dumbarton in Lennox Innerara in Argile Jedburgh in Teviotdail Peeblis in Tweeddail Selkirk in Forrestshire Striveling upon Forth Dumblane in Menteith Innerkeithing in Fife Dornoch in Sutherland Annand in Annandail Dumfreis in Nithisdail Sanqbuar in Nithisdail Bervie in Mernis Innerowrie in Gareoch The People of Scotland are naturally candid and honest stout and resolute which makes them so much valued beyond the Seas the onely School of War to them since the happy Conjunction of this Island under one King They naturally love their King The Nobility have great Power chiefly in the High-lands where their Families commonly called Clannes depend absolutely upon the head of the Name whom they commonly call their Chief But the great Power of the Nobility of late years is much abated yet they are still very considerable The Property of the Subject is fully secured by Law and though the King has great Prerogatives yet the People have also great Liberties and Freedoms The COMMISSIONERS that have represented our KINGS since K. JAMES was settled on the Throne of England were as follows KING JAMES the VI. John Grabame Earl of Montross Commissioner 1604. George Hume Earl of Dumbar Commissioner 1606. George Keith Earl Marischal Commissioner 1609. Alexander Seaton Earl of Dunfermlin Commissioner 1612. James Hamilton Marquess of Hamilton Commissioner 1621. Anno 1625. KING CHARLES the I. Crowned Anno 1633. James Hamilton Marquess of Hamilton Commissioner 1638. John Stewart Earl of Traquair Commissioner 1639. James Grahame Marquess of Montross Governour 1644. Anno 1649. KING CHARLES the II. Crowned Anno 1651. John Middleton Earl of Middleton Commissioner 1660. John Leslie Earl of Rothes Commissioner 1663. John Maitland Duke of Lauderdail Commisioner 1669. A Catalogue of the CHANCELLOVRS of the Kingdom since the year 1198. collected out of Histories 1198. William Malvoisin Bishop of Glasgow 1220. William de Boseo Bishop of Dumblane 1226. Matthew Kinninmouth Bishop of Aberdene 1239. William Babington Bishop of Glasgow 1247. Abbot of 1248. Richard of Innerkeithing Bishop of Dumblane 1259. Gamelinus Bishop of Saint Andrews 1273. William Wishart Bishop of Glasgow 1280. William Fraser Bishop of Saint Andrews 1298. Maurice Bishop of the Isles 1363. Adam Bishop of Brichen 1372. Patrick Bishop of Brichen 1380. John Lyon Lord Glammes 1390. Gilbert Grimlaw Bishop of Aberdene 1409. William Lawder Bishop of Glasgow 1434. John Bishop of Brichen 1436. Sir William Creighton of Creighton 1444. James Bruce Bishop of Dunkeld 1448. Patrick Lyon Lord Glammes 1453. William Sinclare Earl of Orkney 1463. George Shorswood Bishop of Brichen 1474. John Lang Bishop of Glasgow 1476. Andrew Stewart Lord Evendail 1484. William Elphingston Bishop of Aberdene 1494. Archbald Douglas Earl of Angus 1497. George Gordon Earl of Huntlie 1502.