Great Seal allowing them the full Liberty and Privilege of an University within their Town But the Foundation was not perfected till Anno 1582. The Privileges of this University are the same with those of any other University in the Kingdom The Dignity of Chancellour and Vice-chancellour doth reside in the Magistrates and Town-Council of Edinburgh who are the onely Patrons I do not find that ever the Dignity was conferred upon any single person The Persons founded were A Principal or Warden A Professour of Divinitie Four Masters or Regents for so they are called of Philosophy A Professour or Regent of Humanitie Humanarum literarum and Philologie Since the first Foundation the Town hath added a Professour of Hebrew Anno 1640. and Doctour Conradus Otto a Learned Jew was the first Professour And a Professour of Mathematicks preferring James Gregory Fellow of the Royal Society to the place Anno 1674. Benefactours King James the Sixth Founder The Colledge was built and the Masters and Bursars are maintained by the publick and private Benevolence of the Citizens of Edinburgh Some Donations have been by others but not considerable All the Benefactours Names are inserted in the Books of the Town-Council and in the Register of the Library and are also drawn in Gold Letters upon several places on the Walls of the Library together with their several Donations and also at the time of the publick Commencement which is once every year they are recited vivâ voce in the hearing of all The Library was founded by Clement Litle one of the Officials or Commissaries of Edinburgh Anno 1635. since which time it is much increased both by Donatives from the Citizens as also from the Scholars who are more in number here then in any other Colledge in the Kingdom Principals 1583. Robert Rollock one of the Ministers of the Citie who was likewise Professour of Divinity for all the Principals here are Primarii Professores Theologie was the first Principal and Rectour of the Universitie 1600. Henry Charters 1620. Patrick Sands 1622. Robert Boyd 1625. John Adamson 1653. Robert Leighton who was afterwards preferred to be Bishop of Dumblane 1662. William Colvil 1675. Andrew Cant. Professours of Divinitie 162 Andrew Ramsay 1630. John Sharp Doctour of Divinity 1650. David Dickson 1664. William Keith Doctour of Divinity 1675. Lawrence Charters Present Professours Andrew Cant Principal Lawrence Charters Professour of Divinity Alexander Dickson Hebrew Professour James Pillan John Wishart John Wood William Paterson Professours of Philosophy Gilbert Mackmurdo Professour of Humanity William Henderson Library-keeper No Professour of Mathematicks since Mr. Gregorie's death There is no Coat of Arms peculiar to this Universitie but the Magistrates allow them to use the Arms of the City Learned men and Writers Robert Rollock Principal a person of great worth and Learning He wrote Commentaries on the Psalms and some of the Prophets some Sermons and Pieces of Devotion were also published by him but of him see the former History Page 454. Henry Charters Principal a person of great modesty and humility and well seen in Theological Learning Patrick Sands Doctour of Divinity Principal a man very learned in the Mathematicks John Adamson Principal a man of great Learning and of very quick Parts Alexander Henderson Rectour of the Universitie and one of the Ministers in the City the greatest Ring-leader of the Covenanters and often employed by them in the affairs of Church and State both in Scotland and England was a person of great gravity and composedness and of considerable Learning That Debate between His late Majesty and him at Newcastle 1646. about Church-Government and the occasion he then had of knowing that Blessed Martyr wrought much upon him so that he went bak to Scotland much changed in his Principles and it was believed that if he had lived he would have been very instrumental in the King's service but he died soon after and was much lamented being the most universally-esteemed man of all the Party William Colvil Principal a man of very moderate temper He was deposed by the Covenanters and yet he would never accept Preferment though divers Bishopricks were profered to him He wrote divers Pieces which are printed in English and Ethica Christians in Latin William Keith Doctour and Professour of Divinity a man of great Learning who had diligently studied both the Fathers and Schoolmen and was a great Master of Languages being very well skilled in the Hebrew and Rabbinical Learning He was wholly mortified and denied to the world and led a most severe and ascetical kind of life He died Anno 1674. I forbear to mention those Learned Professours in the Four Universities who are yet alive and therefore I leave it to those who shall follow to celebrate their fame to posterity CHAP. 4. Of the GOVERNMENT and LAWS of SCOTLAND THE Kingdom of Scotland hath been governed by Kings in as long a Succession as any Nation in the world The King is an absolute and unaccountable Monarch and as the Law calls him a Free Prince of a Sovereign Power having as great Liberties and Prerogatives by the Laws of this Realm and Privilege of His Crown and Diademe as any other King Prince or Potentate whatsoever So that it is delivered as a Maxim in the Heads of our Law That all Jurisdiction stands and consists in the King's Person by reason of His Royal Authority and Crown and is competent to no Subject but flows and proceeds from the King having Supreme Jurisdiction and is given and committed by Him to such Subjects as He pleases The Crown of Scotland descends by Inheritance the Heir female not being excluded and the undoubted Right to it has been for above three hundred years in the Family of the Stewarts and is now in the Person of King CHARLES the Second whom God long preserve Upon the death of a King the next Heir is presently King and the Coronation is onely a solemn Instalment in that which was his Right before All the difference between our Kings before and after their Coronation is that they hold onely Conventions of Estates but no Parliaments before they are Crowned of the distinction of which an account shall be given afterwards When a King is Crowned he swears the Oath appointed to be taken at the Coronation which before the Reformation was no other then the Oath set down in the Roman Pontifical to be sworn by Kings for there is no Provision made about it in our Laws but at the Reformation it was enacted That all Kings at the time of their Coronation should make their faithfull Promise by Oath c. which Oath is to be found in that Act and to it the Reader is referred The Prerogatives of the Crown are great the 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 the State and of War and Justice except some Sheriffs that are such by Inheritance 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
Creditor may serve a Writ on his Debitor called Letters of Inhibition by which he can make no Disposition of his Goods or Estate till the party be satisfied and all is null that he does after that if these Letters be returned and registred within 21 days after they are served otherwise they have no force The next Supreme Court is the Justice Court where all Criminals are tried It consisted anciently of a Lord Justice General and a Lord Justice Clerk who was his Assistent The Earls of Argile had this Office by Inheritance but King Charles the First agreed with the Earl of Argile and gave him the hereditary Justiciarship in the High-lands for which he laid down his Pretensions to the other The Justice General is not bound to serve in person but might doe it by Deputies and he commonly named two but the Parliament changed this Anno 1669. and appointed four of the Judges to sit in this Court with the Lord Justice General and the Lord Justice Clerk All Trials 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 tried nor is there any difference between the Trial of a Peer and of a Commoner but that the greater part of the Peers Jury called by the Scotish Law an Assize must be Peers Fifteen make a Jury The Foreman who is called the Chancellour of the Assize gathers and reports their Votes the major Vote determines the matter The present Justice General is the Earl of Murray 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 Assistents called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy carrying 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 those Courts is Edinburgh which has been long the chief Seat of the Government and 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 then the bringing up all their Affairs to Edinburgh Next to these Supreme Courts there are other inferiour Courts And First there are 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 Privileges This began chiefly in Church-Lands for all the Bishops and most of the Abbots had these Regalities granted them some of the ancient and great Peers likewise got the same power bestowed on them but many more have lately got their Lands erected into Regalities The Judge is called the Bailif of the Regality who sits as often as there is cause Most of the Bailifs of the Bishops are so by Inheritance for these were given by the King since a Church-man cannot give a Commission in Causa Sanguinis There are also in all the Shires of Scotland Sheriffs who are the Judges in all matters of Meum and Tuum in Thefts and in all lesser Crimes as likewise in Murthers if the Murtherer be taken in hot bloud as they call it when the person is newly slain But though there lies no Appeal in any Court in this Kingdom 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 it to be brought before themselves Most of the Sheriffs were anciently such 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 Kings of late have thought sit to agree with many of those Sheriffs for their Rights by which it comes to pass that divers of them are now in the King's gift The Sheriffs may either sit and give Judgment themselves or doe it by a Deputy which they most commonly doe except in some greater cases SHIRES or COUNTIES of SCOTLAND and their SHERIFFS SHIRES SHERIFFS The Shire of Edinburgh containeth Middle Lothian Sir Charles Maitland of Hatton The Shire of Berwick containeth Mers The Earl of Hume The Shire of Peeblis containeth Tweeddail The Earl of Tweeddail The Shire of Selkirk containeth the Forrest of Etterick  The Shire of Roxburgh containeth Teviotdail Lidisdail Eskdail Ewsdail c. Duke of Buckleugh The Shire of Dumfreis containeth Nithisdail and Annandail Earl 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 Earl of Dumfreis The Shire of Renfrew containeth the Barony of Renfrew Earl of Eglington The Shire of Lanerick containeth Clidsdail Duke of Hamilton The Shire of Dumbritton containeth Lennox Duke of Lennox The Shire of Bute containeth the Isles of Bute and Arran c. Sir James Stewart of The Shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles as Ila Jura Mull Wyist Terife Coll Lismore c. Earl of Argile The Shire of Perth containeth Athol Goury Glenshee Strath-Ardel Braid Albain Rainach Balwhidder Glenurqhuay Stormont Menteith and Strath-Jern Marquis of Athol The Shire of Striveling lieth on both sides of the River Forth Earl of Mar. The Shire of Linlithgow containeth West Lothian Earl of Calendar The Shire of Clackmannan containeth a small part of Fife lying on the River Forth towards Striveling Sir David Bruce of Clackmannan The Shire of Kinross containeth so much of Fife as lieth between Loch-Leiven and the Ochell Hills Earl of Morton The Shire of Cowper containeth the rest of Fife Earl of Rothes The Shire of Forfar containeth Angus with its pertinents as Glen-Ila Glen-Esk Glen-Prossin c. Earl of South-Esk The Shire of Kincairden containeth Mernis Earl Marischal The Shire of Aberdene containeth Mar with its pertinents as Birse Glen-Taner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land Earl of Dunfermline The Shire of Bamff containeth a small part of Buchan Strath-Dovern Boyn Enzie Strath-Awin and Balveny Sir James Baird of Auchmedden The Shire of Elgin containeth the Eastern part of Murray Robert Dumbar of The Shire of Nairne containeth the West part of Murray  The Shire of Innerness containeth Badenoch Lochabyr and the South part of Ross Earl of Murray The Shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrqhuart of Cromarty The Shire of Taine containeth the rest of Ross with the Isles of Sky Lewes and Harrigh Earl of Seaforth The Shire of Dornoch containeth Sutherland and Strath-Navern Earl of Sutherland The Shire of Weik containeth Cathnes Earl of Cathnes The Shire of Orkney containeth all the Isles of
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