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 oâ— the Session were the King's Council and so are stiled Lords of Counciâ— 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 Haâ—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 â—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
was made a Privy Councillor in 1662. and in 1666. being joyned Admiral with the Duke of Albemarl first attackt the whole Dutch Fleet with his Squadron in such a bold resolute way that he put the enemy soon to flight He enjoyes a Pension from His Majesty of 4000 l. per annum After Prince Rupert the next Heirs to the Crown of Scotland are three French Ladies Daughters of Prince Edward deceased who was a younger Son of the Queen of Bohemia whose Widdow the Princess Dowager Mother to the said three Ladies is Sister to the Late Queen of Poland Daughter and Coheir to the last Duke of Nevers in France amongst which three Daughters there is a Revenue of about 12000 l. sterling a year There was two Daughters of Frederick Prince Palatine of the Rhine who being unmarried are deceased The last is the Princess Sophia youngest Daughter to the Queen of Bohemia Born at the Hague 1630. and in 1659. wedded to John Duke of Lunenberg and free Prince of Germany Heir to the Dutchy of Brunswick by whom she hath Sons and Daughters she is said to be one of the most accomplisht Ladies in Europe Having this particular Account of all the nearest in Blood to the Crown of Scotland being the Issue of King James the Sixth and King Charles the First it will not be amiss to relate these that are descended of the Daughter of King James the Second since whom till the Queen of Bohemia no collateral branch sprung from the Royal Family of whom any Issue remains James Lord Hamilton was married to the Daughter of King James the Second and had Issue first James created Earl of Arran whose Son was the Duke of Chastelherault from whom by Two Sons are descended the Families of Hamilton and Abercorn and by Two Daughters the Families of Huntley and Lauderdale And by an Act of Parliament signed by all the Three Estates the Original whereof is yet extant in the Reign of Queen Mary The Duke of Chastelheraults Family is declared next the Queen and her Issue the Rightful Heir of the Crown The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter married to the Earl of Lennox from whom descended the Family of Lennox There is no otther branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestor the Lord Kennedy married King James the firsts Sister from which Marriage that Family is descended And so much of the Royal Family CHAP. V. Of the Chief Officers of State of the Court of Justice The Manner of Elections of the Members in Parliament and Riding of Parlialiament Of the Privy Council Of the Senators of the Colledge of Justice Of the Justice Court of the Exchequer THE Government of the Kingdom being wholly in the Crown the King administers it by his officers of State and Privy Council The Officers of State are Eight The first is the Lord Chancellour who is Keeper of the Great Seal and President in all Courts where-ever he is This Office was in the Person of John Duke of Rothes lately deceased The Second Officer is the Lord High Treasurer who governs the Revenue and presides in the Exchequer This Office is now in Commission The Third Officer is the Lord Privy Seal who is at present John Duke of Athol These Three take place of all the Nobility The Fourth Officer is the Lord Secretary who keeps the Signet and is a Lord by his Office and takes place of all of his Rank The Office of Secretary is executed by the Right Honourable Alexander Earl of Murray The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and Names of all the Clerks of Parliament and Session and the Keepers of Publick Registers This Office is executed by Sir Thomas Murray of Glendoick The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in cases in which the King is concerned and in these he pleads in the King's Name The present Lord Advocate is Sir George Mackenzie of Rose-haugh The Seventh Officer is the Lord Treasurer Deputy who is Assistant to the Lord High Treasurer and is a check upon him and presides in the Exchequer in his absence This Office is executed by Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice General in Criminal Causes The present Justice Clerk is Rich. Maitland Esq All these have the Title of Lord and the Precedency of all under Noble men and their Eldest Sons Of the Courts of Justice The Chief and Supream Court of Justice is the High Court of Parliament which is made up of Three Estates The first is the Ecclesiastical that of Old consisted of Bishops and Miter'd Abbots but since the Reformation consists only of arch-Arch-Bishops and Bishops The second Estate is the Nobility who were antiently divided into the greater Barons and the lesser for every man that holds Lands of the Crown with a priviledge of holding a Court much like the Lord of a Mannour in England is called a Baron and all were obliged to appear personally in Parliament Proxies never being allowed by the Law of Scotland and give the King Counsel This proved a very hard burden to the small Barons upon which they desired to be excused from their Attendance in Parliament And this was granted them as a favour in King James's the first Reign And though by that Act they might have sent two or three or more to represent them from every Shire yet they made no use of that for above 150 years But King James the Sixth to ballance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners of the Shires The third Estate is the Burroughs every one of which chuseth one Commissioner or Burgess only the City of Edinburgh as the Metropolis chuseth two Elections of Members of Parliament The Parliament is summoned by Proclamation made at the Head Burrough of every Shire forty daies before they meet upon which the Shires and Burroughs meet about their Elections Every one that holdeth Lands of the Crown that in the Rolls of the Taxation the Antient Name of Subsidies and Assessments are valued at forty shillings Scottish Money of Taxation to the King which will be in real value about ten pounds sterling a year is an Electour or may be Elected so he be rightly vested in the Land or according to the Scottish terms infeoft and seized and be not at the King's Horn that is under an Outlawry The Electours subscribe the Commissions they give and so their Commissioner is returned and if there be Cross Elections the Parliament is only Judge In the Burroughs the Common Council of the Town makes the Election The Manner of the Riding of the Parliament When the day comes in which
the first Sessions of each Parliament is to be held the Regalia The Crown Scepter and Sword of State which are kept in the Castle of Edinburgh are brought down in State to the King's Palace the Coach in which they are being well guarded by a File of Musqueteers every one who pass the Coach being uncovered and are carried by three of the Antientest 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 in Parliament do mount on horse-back with foot-cloaths The Burgesses Ride first being allowed one Lackey apiece two Trumpeters in their Coats bare-headed two Pursevants in their Coats bare-headed usher the way the Commissioners from Shires Two and Two The Officers of State not Noble men are next in order The Lords and Barons of Parliament the Bishops the Viscounts the Earls and the two Archbishops all of them Two and Two Next are four Trumpeters in their Coats bare-headed Two and Two and Two four Pursevants in their Coats bare-headed Two and Two six Heralds in theâ—r Coats bare-headed Two and Two the Gentleman Usher bare headed Lyon King at Arms with his Coat and Robes and Foot-Mantle and his Battoon in his hand bare-headed the Sword of State the Scepter and the Crown carried by three of the Antientest of the Nobility on each side the Honours three Mace bearers bare-headed a Noble man bare-headed with a Purse and in it the Lord High Commissioner his Commissâ—on Then last of all the Lord High Commissioner with the Dukes and Marquesses on his Right and Left hand When the King is present the Master of the Horse Rides easie but a lâ—ttle aside It is ordered there be no shooting under the highest pains and penalties that day neither displaying of Ensigns nor beating of Drums during the whole Cavalcade The Officers of State not being Noble men Ride in their Gowns The whole Members Ride covered except those that carry the Honours The highest degree and the most Honourable of that Degree Ride last Every Duke hath eight Lackeys every Marquess six every Earl four every Viscount three every Lord three every Commissioner for Shires two every Commissioner for Burroughs one every Noble man to have a Gentleman to hold up his Train They may have their Pages also The Two Archbishops to have each of them eight Lackeys every other Bishop three and if they please they may have a Gentleman to hold up their Trains The Noble mens Lackeys have over their Liveries short Velvet Coats with their Badges Crests and Motto's done in Plate or embroidered on their back and breast The great Officers of State Ride up from the Abby the King's Palace about half an hour before the Cavalcade in their Robes attended with their friends on horseback waiting in the Parliament-house When the Commissioner enters the House the Lord Chancellor takes his own Purse and ushers him from the Bar to the Throne When the King is present the Lord Chanceâ—lor receives His Majesty at the door of the Parliament-house and ushers him up to the Throne The whole Members of Parliament wait on the High Commissioner in the Great Hall the Noblemen in their Robes They return in the same order back to the Palace only the Constable and Mareschal Ride on the Commissioners Right and Left hand with Caps of Permission The Lord Chancellor and Lord Privy Seal stay behind until all march away and then return in the same State to the Palace as they Ride to the Parliament house When the King Rides in Person the Lord Chancellor Rides bearing the Great Seal but this is not done before a Commissioner When the King is present the Marquesses and Dukes Ride after the Earls but if His Majesties Commissioner be present they follow him at some distance or on his Right and Left hand After the King or his Commissioner is received by the Lord Chancellor he is seated in a Throne six steps high with a State over it And in the first step under him in a Bench sits the Lord Chancellor with other Officers of State on both hands of him In the next step under these sit the Lords of Sessions or Judges On the Right hand of the Throne is the Bishops Bench that rises up in two rows of Benches On the highest the two Archbishops sit and on the lower sit the Bishops according to the Dignity of their Sees On the Left hand of the Throne there is another great Bench of three steps and rows of Benches on which sits the Nobility according to their Precedency In the middle of the four there are two Tables on the one whereof the Regalia are laid and in two great Chairs by them sit the Constable and the Mareschal at the other Table sits the Lord Clerk of Registers with his Deputy Clerks who are the Clerks of the Parliament There are also Forms placed on the Floor these on the Right side are for the Commissioners of the Shires and these on the Left for the Commissioners of the Burroughs When all are placed the Parliament is fenced as the phrase is in the King's Name Then the King speaks to them if he be present in his Robes with the Crown on his head all standing up bare headed But when a Commissioner represents him he is in an ordinary Sute and stands and speaks also bare-headed nor is the Commissioner covered when there is pleading at the Bar but continues bare-headed as all the Members are and tells them the reason for which they are called together which is enlarged by the Lord Chancellor The next thing to be done is the Chusing of the Lords of the Articles which is a matter of great importance who are eight of every State who have been chosen different waies Sometimes the Bishops did Chuse the Eight Lords and sometimes the Nobility the Eight Bishops At other times the Nobility did Chuse their own Eight and the Bishops their Eight But now it is setled by an Act of Parliament that the King or His Commissioner names Eight of the Bishops the Lords Chuse Eight for themselves and these Sixteen do Chuse Eight Commissioners for the Shires and Eight for the Burroughs These Thirty two are the Committee of Parliament to prepare matters When a Bill is drawn by them it is brought into the Parliament Antiently all these Bills were brought in the last day of the Parliament on which the Members Ride in the same State as they do the first and the Bills being Read they were put to the Votes of the Parliament and then were approved or not being approved were presented to the King who by touching them with the Scepter gives his assent to them which is done by his Commissioner in his absence if he refuse to touch them they are of no force Matters have been fully and freely debated in Parliament Sitting all in one House every one answers distinctly to his Name and gives his Vote which is in these terms I approve
year they are recited viva voce in the hearing of all The Library was founded by Clement Little one of the Officials or Commissaâ—ies of Edinburgh Anno 1635. since which time it is much encreased both by Donatives from the Citizens as also from the Schollars who are more in number here than in any other Colledge in the Kingdom There is a gift in this Library of one Mrs. Scot to the value of 30 lib. the more esteemed because it is from a worthy Matron and lover of learning a good example to all others of her Sex Principals Anno 1583. Robert Rollock one of the Ministers of the City who was likewise Professor of Divinity for all the principals here are primarii professores Theologiae was the first principal and Rector of the University Anno 1600. Henry Charters Anno 1620. Patrick Sands Anno 1622. Robert Boyd Anno 1625. John Adamson Anno 1653. Robert Leightone who was afterwards preferred to be Bishop of Dumblane Anno 1662. VVilliam Colvil Anno 1675. Andrew Cant. Professors of Divinity Anno 162 Andrew Ramsay Anno 1630. John Sharp Doctor of Divinity Anno 1650. David Dickson Anno 1664. VVilliam Keith D. D. Anno 1675. Lawrence Charters Present Professors Andrew Cant Principal Lawrence Charters Professor of Divinity Alexander Dickson Hebrew Professor Gilbert Macmurdo Andrew Massie Mr. Litherdale Mr. Cockburn Professors of Philosophy Alexander Cuninghame Professor of Humanity Alexander Hendersone keeper of the Library 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 published by him he was in great esteem with all good men for his learning holiness and moderation Henry Charters Principal a Person of great modesty and humility and well seen in Theological learning Patrick Sands Doctor of Divinity Principal very learned in the Mathematicks John Adamson Principal a man of great learning and of very quick parts Alexander Hendersone Principal of the University and one of the Ministers in the City the greatest Ringleader of the Covenanters and often employed by them in the affairs of Church and State both in Scotland and Engl. He 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 occasions he then had of knowing that blessed Martyr wrought much upon him so that he went back 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 He died soon after his return from England being the most universally-esteemed man of all that party William Colvil Principal a man of a very moderate temper He was deposed by the Covenanters he never would accept preferment notwithstanding divers Bishopricks were proffered to him He wrote divers pieces which are printed in English and Ethica Christiana in Latine William Keith Doctor and Professor of Divinity a man of great Learning who had diligently studied both the Fathers and School-men and was a great Master of Languages being very well skilled in the Hebrew and Rabinical Learning he was wholly mortified and denied to the world and led a most severe kind of life He died An. 1674. If there be any mistake in the names of the present Professors of any of the Universities it is because they are often soon preferred to some dignity in the Church but mistakes of this nature are pardonable being none are named who have not been in these publick capacities and according to the best information there is but little or no mistake in their names that are now actually in those circumstances above mentioned There is no mention made of the Learned Professors who are yet alive that were somewhat of flattery to celebrate their praises to posterity while they yet remain with us But this in general may be said of them all that they give as gâ—eat proofs of their Learning as any Professors in great Brittain which is demonstrable by the great number of Graduates every year from their Universities who are not inferiour to those of other Nations when their Learning is questioned abroad The Commissioners that have represented our Kings since K. James was setled on the Throne of England were as followeth King James the Sixth John Grahame Earl of Montross Commissioner 1604. George Hume Earl of Dumbar Commissioner 1606. George Keith Earl of Marischal Commissioner 1609. Alexander Seaton Earl of Dumfermlin Commissioner 1612. James Hamilton Marquess of Hamilton Commissioner 1621. King Charles the First James Hamilton Marquess of Hamilton Com. 1638. John Stewart Earl of Traquair Com. 1639. James Grahame Marquess of Montross Governour 1644. King Charles the Second John Middleton Earl of Middleton Com. 1660. John Lesly Duke of Rothes Commissioner 1663. John Maitland Duke of Lauderdail Com. 1669. His Royal Highness James Duke of Albany and York Com. 1681. A Catalogue of the Chancellors of the Kingdom since the year 1198. Collected out of Histories 1198. Will. Malvoisin Bishop of Glasgow 1220. Will. de Bosco B. of Dumblane 1226. Matth. Kinninmouth Bishop of Aberdeen 1239. Will. Babington B. of Glasgow 1247. Abbot of 1248. Rich. Innerkeithing Bishop of Dumblane 1259. Gamelinus B. of St. Andrews 1273. Will. Wishart B. of Glasgow 1280. Will. Frazer B. of St. Andrews 1298. Maurice B. of the Isles 1363. Adam Bishop of Brichen 1380. John Lyon Lord Glammes 1390. Gilbert Grimlaw Bishop of Aberdeen 1409. Will. Lauder B. of Glasgow 1434. John B. of Brichen 1436. Sir Will. Creighton of Creighton 1444. James Bruce B. of Dunkeld 1448 Patrick Lyon Lord Glammes 1453. Will. Sinclare Earl of Orkney 1463. Geo. Shorswood B. of Brichen 1474 John Lang B. of Glasgow 1476. Andr. Stewart Lord Evendail 1484. Will. Elphinstone B. of Aberdeen 1494. Archbald Douglass E. of Angus 1497. George Gordon E. of Huntly 1502. James Stewart Archbishop of St. Andrews 1512. Alex. Stewart Archbishop of St. Andrews 1518. James Beaton Archbishop of Glasgow 1526. Gawin Dumbar Archbishop of Glasgow 1534. William Stewart Bishop of Aberdeen 1539. Cardinal David Beaton Archbishop of St. Andrews 1561. George Gordon E. of Huntly 1563. James Douglas E. of Morton 1567. George Gordon E. of Huntly 1570. James Douglas E. of Morton again 1572. Archbald Campbell Earl of Argile 1575. John Lyon Lord Glammes 1578. John Stewart E. of Athol 1579. Coline Campbell E. of Argile 1584. James Stewart E. of Arran 1591. John Maitland L. Thirlstane 1598. John Grahame E. of Montross 1604. Alexander Seatone Earl of Dumfermline 1622. George Hay E. of Kinnoul 1635. John Spotiswood Archbishop of St. Andrews 1641. John Campbell E. of Lowdoun 1660. William Cunninghame Earl of Glencairn 1665. John Leslie Duke of Rothes Writers of the Scottish History Cornelius Hibernicus Veremundus a Spaniard Arch-Deacon of St. Andrews wrote the History of the Nation from its Original till the Reign of King Malcolm the Third Johannes a
THE PRESENT STATE OF SCOTLAND Scotiae Indiculum OR THE Present State OF SCOTLAND Together with divers Reflections Upon the Antient STATE thereof By A. M. Philopatris In Magnis voluisse sat est LONDON Printed for Jonathan Wilkins at the Star in Cheapside next Mercer's Chappel 1682. To the High-born and most Noble Prince Charles Duke of Lenox and Richmond his Grace Earl of Darnley and March Baron of Methwen and Seterington c. and Knight of the most Noble Order of the Garter My Lord THE disadvantages that Dedications have met with of late by reason of the Flatteries that have been contained in them have rendred them suspected of the same inconveniencies although not in the least intended That your Grace may not suffer in this too common a calamity this Ensuing Treatise offers it self to come into the critical Censures of the World under the Auspices of your Graces Protection having the Aid and Countenance of so great and Noble a Personage prefixt may in some manner take off the hard constructions of a great many It is not to be questioned but some will be apt to esteem it an audacious Enterprize to undertake to give an account of the Present State of Scotland a Monarchy so Antient as none in the World can exceed a Government so well Established in Church and State that it seems by serious Reflection that the Laws and Statutes of both are inviolable I say My Lord I may be called into question why so great a Conamen became the Subject of my Studies at this time when so many Learned and sagacious Scholars of that Kingdom have declined so useful an Undertaking To confess ingeniously my thoughts have been perpetually bent to serve my Country in some degree or other whereby I might manifest to the World the respect that is due to so Antient a Kingdom in which by a Lawful and Legitimate Descent of the Crown to this present King being an Independent Monarchy and an Imperial Crown none of the European Kings can hardly equal This Design of serving my Country was much prompted when none yet have published a Treatise apart concerning the constitutions of so well a Governed Kingdom If I shall be so unfortunate as to suffer any way by endeavouring to satisfie the World what my respects are for so well a constituted Government your Grace I hope will interpose for me knowing that no sinister end was proposed My Lord consider how regularly every Officer from the highest to the lowest degree move in the sphere of their Trust being ready to execute the Commands of their Master the King Consider how piously the Church is governed in all things submitting to Lawful Authority consider their Ecclesiastical Discipline that scarce any of the least Enormities in Life or Errours in Judgment can â—scape the severe Execution of the Jurisdiction of the Church These things considered with that due respect they alwaies had and have for their Kings and the Royal Family will kindle in your Grace such esteem for this Kingdom as those have had who were your Predecessors of the great Honours you now enjoy My Lord the Dukes of Lenox of whom your Grace only is the Representative have been great Lovers of their Country which they have testified so demonstrably to the world by the several great Offices they have performed that their memory to this day is in great esteem They had alwaies an immediate Access to their King whom they were pleased to inform of the condition of his Loyal Subjects and often did Patronize the Affairs and Espouse the Interest of His Majesties good Subjects which to this day cannot be forgot Your Grace needs nothing to render your Name famous in this Kingdom being you bear that Honourable Title of Lenox but an inclination to succeed them in such like performances all their Transactions have rendered them and the Successors of their Dignity Honourable in the Kingdom Nature seems to warrant a Prediction of Heroick Actions which begin to appear in your Grace in these your greener years Let then the thoughts of advancing the Interest of this Kingdom become as Dear to your Grace as it was to your Noble Ancestors of the same Dignity that when become a Cedar in the Trust of the Affairs of State you may gain the same Honour that is due to your Titles My Lord The great Trust His Majesty is pleased to commit to his great Officers of State is exceeding honourable and becoming an aspiring Genius most of the Antientest of the Nobility esteeming it a greater honour to have His Majesties Commission for such Offices than to barely enjoy the Dignity of their Honours It may justly merit your Graces consideration that the great Officers of State have been of the prime of the Nobility and have been very faithful in their Trust. It was upon this consideration that I presumed to offer this Treatise to come into the World with your Graces Name prefixt that it might be known that the Family of Lenox is not extinct which is the great prudence of our Prince that so Loyal a Family should not be buried in Oblivion And likewise my design was to give your Grâ—â—e and the World a Testimony of the Esteem I have for a Representative of that Noble Family who may in all probability acquit himself as becomes one of that Esteem and Dignity This small Treatise may afford your Grace an occasion to divert your self sometimes with the prospect of the things contained in it and thereby make you easie to understand the constitution of the Government and to declare to the World that this Kingdom is not inferiour to any in respect of its Laws and Statutes whereby the King's Prerogatives are great and the Property of the Subject is fully secured by Law the People having great Liberties and Freedoms If this â—n any way can supply your Grace with an Information of the Government of Scotland then I have obtained what I so passionately desired being in all sincerity Your Graccs most humble most obedient and most faithful Servant A. M. TO THE READER IF it were the Custom of the Heroick Spirits of this Age to disapprove every thing that is not the Soboles of their own Brains or the result of their own undertakings then might I justly be discouraged to appear with this small demonstration of my Service to my Country but being otherwaies persuaded of the generous Principles of this Age that nothing which any way tends to the advancing of Knowledge is any manner of way dislikt neither do the Criticisms of the envious hinder the Publication of Books of this nature which was the great encouragement I had to make this Treatise appear in this Juncture The earnest instigations of some friends urged it from my priâ—â—te retirements which hath â—â—en hid for some time If it do not satisfie the inquisitive and curious Reader in every point yet this he may be assured of that any thing that hath escaped my knowledge is not very
in the fatal Marble â—hair the Year from the Creation of the World 3641. before the Coming of Christ 330. the first year of the 112 Olympiad in the year 421. after the Building of Rome about the beginning of the fourth Monarchy when Alexander the Great vanquished Darius the last Monarch of Persia in the Reign of King Chimarus King of Brittans Some conjecture that Scotland had its name from Scoti or Scitty or Scythy from a People of Germany over whose Northern Limits the name of Scythia did extend of the truth of this there is no manner of ground in History â—lim Edinburgh is scituated between the degrees of Latitude 56 d. 2 m. of Longitude 3 d. 0 m. from London West longest day 17 hours 27 minutes Aberdeen 57 d. 10 m. of Latitude 2 d. 20 m. Longitude the most Northerly part of Scotland is Dunsby head whose Latitude is 58 d. 5 minutes The longest day in the most Northern part in this place is 18 h. 8 m. Dimensions It is in length about 480 miles it is of a much disproportionable breadth there being no place 60 miles distant from the Sea Division The Country is divided according to the Inhabitants into High-land and Low-land The People of the former live upon the Western Coast of Scotland or in some out Islands being a hardy People much inclinable to War who are in a continual readiness whenever commanded by their Chief as they love to call the most eminent Persons of their name or Clanne Their weapons are commonly Bow and Arrows a people that can endure all the hardships of War being bred to all manner of cunning in relation thereunto not much trusted by the Low-landers Their Chiefs have a great Authority over them they pay little or no Rent for the Lands they hold being obliged when their Chief calls them to be upon all occasions at his service It was the custom when any of the Chiefs of these Clanns came to Edinburgh they were attended with a numerous Train of these their Vassals which appearing mutinous was forbidden by an Act of Council These Gentlemen being allow'd to have the Attendants of their Menial Servants only They espouse the quarrel of their Master being much given to revenge and it is observable that for some generations the private quarrels of one Family against another hath been pursued with such vigour even almost to the ruine of both Parties The names of these Clanns are M ck Donald M ck Naughtoune M ck Cleane c. which reckon their Families to be of a very old standing in the Kingdom by several Generals some of seven hundred years and upwards and others more The Low-landers bordering on the East have much of the disposition and civility of other Countries their Language like the English and in their Habit according to the Fashions from France Again Scotland according to the Scituation of its Parts or Provinces may be divided into two parts To witt Southwards of the River Tay which made the Antient Kingdom of the Picts and Eastwards and Northwards of the River Tay which made the Antient Kingdom of the Scots besides abundance of little Islands lying round about According to its Ecclesiastical Government it is divided into two Provinces viz. St. Andrews and Glascow these two Provinces into several Diocesses It was long after the Christian Religion was received in Scotland that the Ecclesiastical Government was thus divided For more full satisfaction of the Affairs of the Church the inquisitive Reader may consult the most Reverend Archbishop Spotiswood in his History of the Church of Scotland The Christian Religion in the Year of our Lord 203. which was the fourth year of Donald the first was publickly established the King with his Queen and many of the Nobility being then baptized several years before this publick manifestation many people were converted to the Christian Faith Tertullian who liv'd some years before the Coronation of this King speaking of the Propagations of the Gospel throughout the whole World doth reckon among other Countries the Parts of Britanny unto which the Romans could not find access And what these Parts were are no doubt that little corner of the Island which the Scots did inhabit all the Inland of Britanny being subject to the Romans There be Authors of no small credit who transmit to posterity that St. Paul after his Imprisonment at Rome did visit this Island and did Preach the Gospel in the utmost parts thereof Nicephorus writeth that Simon Zelotes after he had travelled through Egypt Cyrene Africk Mauritania and Lybia came at last ad occidentalem oceanum insulasque Britannicas and there Preached the Gospel Dorotheus addeth that he was Crucified in these parts Others write as if Pope Victor did send Preachers as first promulgers of the Gospel but this is not very probable being this Church was not fashioned like to that of Rome in its rites especially in the observation of Easter These foregoing opinions are not grounded upon the surest testimonies of History the writers of most credit give place to this conjecture That when the Apostle St. John was banish'd into the Isle Pathmos some of his Disciples took their refuge hither and were the first Preachers of the Gospel The more sober are inclinable to give credit to this because in that contention moved about Easter the Christians here for some two hundred years after did retain the custom of the Oriental Church maintaining this by the Authority of St. John from whom they pleaded to have received the Faith Others are agreed that not long after the Ascension of our Lord whilest the Apostle St. John yet lived that the Faith of our Lord was known and embraced in this Kingdom Origen saith that they are to be numbred inter primitias among the first Fruits of the Gentiles gathered unto Christ This made Petrus Cluniacensis call the Scots antiquiores Christianos of greater antiquity than many others Air. The Air is mild and temperate The cold in the Winter towards the North is very sharp but there being a great plenty of Wood and other firing the Inhabitants do not suffer much by it The heat in Summer is less scorching than in some parts of the Continent There is no need of Stoves in Winter nor Grottes in Summer Soil The Soil is very wholsome abounding with Springs and Streams there are some Navigable Rivers very convenient for Trade Towards the North it 's Mountainous yet not wanting fruitful Valleys apt for Grain Corn or Wood. Commodities There is plenty every where of Sheep Oxen and Coneys and in the North of fallow Deer great plenty of Hens Ducks Geese Turkeys and Pigeons Partridges Sea-plover Pewits Woodcocks Snipes Plovers Quails Larks and Herons c. with great plenty of Salmon Trouts Carps and Pikes c. a great abundance of Herrings Oysters Cockles Musles Scate Turbots Freshling and Lobsters c. there is not wanting Apples Pears Plums and Cherries It abounds with Wheat Barley Rye Beans Pease and
the family of the Stewarts and is now in the Person of King Charles the Second His Majesties Title is Dei Gratia of Scotland England France and Ireland King defender of the Faith whom God long preserve in the Throne of his Ancestors upon the Death of a King there is no Inter-Regnum the next Heir is presently King the Coronation being only a solemn Instalment in that which was his right before before their Coronation they hold only convention of Estates but no Parliaments before they are Crowned A Convention of Estates is made up of the same Members that constitute a Parliament but can make no Laws only they can lay impositions on the Subjects They do not sit in State they have been most used before the Kings were Crowned the Lord Chancellor is president in the Convention of Estates as well as in Parliaments When a King is Crowned he swears the Oath appointed to be taken at the Coronation which before the Reformation was no other than that set down in the Roman Pontificial sworn by Kings for there is no provision made about it in our Law but at the Reformation it was enacted That all Kings at the time of their Coronation should make their faithful promise by Oath to govern according to Law and maintain the Protestant Religion c. which Oath is to be found in that Act of the first Parlia Jac. 6. C. 8. Anno 1567. Prerogatives of the Crown The Prerogatives of the Crown are great as Power of Peace and War the Power of raising and arming the Subjects the Power of the Mint the nomination of all Officers both of State and of War and of Justice except some Sheriffs that are such by Inheritance the Power of calling adjourning Prorogation is not in our Law and dissolving of Parliaments the giving the Votes of Parliament the Authority of Laws the executing of the Law and the pardoning of offences are wholly and only in the Crown Church Government But to these since His Majesties Happy Restauration great additions hath been made In the Reign of King James the sixth the Power of general Assemblies was raised very high by Law which occasioned the sad disaster in the Church and laid a foundation to all the late troubles of the State notwithstanding the Supremacy in Ecclesiastical Affairs was alwaies in the Crown since the Reformation yet it was pretended as contrary to Law for the King to introduce any thing into the Church without the consent of the general Assembly It was therefore enacted in Parliament Act 1. 2. Parl. held by the Duke of Lauderdale That the external Government and polity of the Church was wholly in the King's Power and that his Order sent to the Privy Council and published by them about all Ecclesiastical Matters Meetings and Persons were to be obeyed by his Subjects any Law or practice to the contrary notwithstanding So that in all matters that relate to the Church-Government the King's Power is absolute Militia The second point is concerning the Militia By the Antient Laws of Scotland all the Kings Subjects were to assist him in Wars upon which a great Enlargement of the King's Prerogative was grafted at last by two Acts of Parliament The Kingdom of Scotland offering to the King to Raise and Arm twenty thousand Foot and two thousand Horse and to furnish them with forty daies Provision to march into any of His Majesties Dominions of Scotland England or Ireland for suppressing any Forein Invasions Intestine Trouble or Insurrection or for any other Service wherein His Majesties Honour Authority or Greatness may be concerned And these Forces by another Act are to give due Obedience to all such Directions as they shall receive from His Majesties Privy Council Trade A third point is The ordering and disposing of Trade with Forein Nations and the laying of Restraâ—nts and Impositions upon Forein Imported Commodities which is declared a Prerogative of the Crown With these Sacred Prerogatives is the Crown of Scotland invested not inferiour to any Crown in Europe for its Dignity and Power The King only and the King alone by His Royal Prerogative hath Power without Act of Parliament to declare War to make Peace make Leagues and Treaties with any Forein States give Commissions for levying Men and Arms by Sea or â—â— Land yea for pressing Men 〈…〉 The King only and the King alone disposes of all Magazines Ammunitions Castles Fortresses Ports Havens and publick Moneys The King appoints the Metal Weight purity and value of Money and by his Proclamation any Forein Coin may be lawful The King by His Royal Prerogative of His meer will and pleasure may convoke adjourn remove and dissolve Parliaments may to any Act passed in Parliament refuse to give without rendring any reason His Royal Assent without which a Bill is a meer Chimera May at His pleasure encrease the number of the Members of Parliament as daily experience testifieth by creating more Barons and bestowing priviledges upon other Towns to send Burgesses to Parliament Yea may call to Parliament by Writ whom His Majesty thinketh fit and may refuse to send His Writ to others that have sate in other Parliaments His Majesty alone hath the Choice and Nomination of all Magistrates Counsellours and Officers of State of all Bishops and other High Dignities of the Church the bestowing of all Honours both of the higher and lower Nobility of Scotland It is in the power of the King alone to chuse and name all Commanders and other Officers at Sea or Land The power of determining Rewards for Services and Punishments for Misdemeanours The King by His Letters Patent may erect new Counties Bishopricks Universities Cities Burroughs Hospitals Schools Fairs Markets Courts of Justice and Free Warants c. The King by His Prerogative hath power to enfranchise an Alien whereby he is enabled to purchase Houses or Lands and to bear some Offices Hath power to grant Letters of Mart or Reprisal No Proclamation can be made but by the King The King only can give Patents in case of Losses by Fire to receive the Charitable Benevolences of the people without which no man may ask it publickly The King by His Prerogative is Vltimus Haeres Regni and is the Receptacle of all Estates when no Heir appears For this cause all Estates for want of Heirs or by forfeiture fall to the King All Spiritual Benefices for want of Presentation by the Bishop are lapsed at last to the King all Mony Gold Silver Plate found and the owners not known belongs to the King so all Wayfs Strays Wrecks not granted by him or any former Kings all wast Ground or Land recovered from the Sea all â—ands of Aliens before Naturalization and all things whereof the property is not known all Gold and Silver Mines in whose Ground soever they are found The King's Power in the Church In the Church the Kings Prerogative is great he only hath the Patronage of all Bishopricks none can be chosen whom he
hath not first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is the nursing Father of the Church the King hath Power to call a National Synod and by his Commissioners to make constitutions relating to the Government and polity of the Church This National Synod was stiled the General Assembly which according to its Constitution and Authority setled in King James the sixths minority was made up of two Ministers Commissioners from every Presbytery and one lay Elder a Commissioner from every Royal Burrough one from every University one fâ—om the King These had the Supream Authority about aâ—l Church-matters How much trouble this Assembly General bred King James the sixth and the pretentions the Church made afterward the sad desolations of the Church of Scotland in these times do sufficiently bear witness A shadow of this still remains for the Supream Ecclesiastical Court is declared to be a National Synod made of Bishops and Deans and two Ministers from every Presbytery one of whom is of the Bishops nomination and a Commissioner from every University yet nothing is to be proposed but by the King or his Commissioner nor can any thing that they do be of force till it be ratified by the King but of this Synod their is no need being the King's Supremacy is so large it is evident that the King is over all Persons as well in Ecclesiasticks as Civil Supream From the King of Scotland there is no appeal in Ecclesiastical Affairs to the Bishop of Rome as it is in other principal Kingdoms of Europe There is no appeal in civil Affairs as in other Dominions of Christendom nor in either Ecclesiastical or Civâ—l to the Peopâ—e who in themselves oâ— by their Representatives in Parliament were ever subordinate to the King The King being the only Soveraign and Supream Head is furnish'd with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions He may be properly call'd as all great Princes Gods Vice gerent being so much Majesty and Power is represented by him whereby the People have so much the higher esteem and more reverend awfulness of him for if that fails nothing can be expected but confusion impiety and calamity The Ancient Christians out of an high respect to their Christian Kings and Emperors used to attribute the Titles of God though imperfectly and analogically in them yet essentially and perfectly only in God and the good Christians of these times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharoah some writers of that Age seem to justifie it as being done only to beget a respect in these times in the hearts of the People for their Kings The King is not subject to Death because he is a Corporation in himself that liveth for ever All Inter-Regna being unknown in Scotland the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done The King is every where in all His Courts of Justice in all His Palaces therefore it is that all His Subjects stand bare in the Presence-Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence By his Prerogative of pardoning whom the Law hath condemned the King is in a manner invested with Omnipotency by raising men from Death to Life Can create to the highest Dignity and annihilate the same at pleasure All punishments proceed from him in his Courts of Justice and it is not lawful for any Subject to revenge himself In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from Hâ—s Subjects more Reverence Honour and Respect than the King of Scotland All His people at their first Addresses kneel to him all persons not the Prince nor the Heir apparent excepted stand bare in the presence of the King and in the Presence-Chamber though in the King's absence The King 's only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch he useth no other Witness but himself viz. Teste meipso CHAP. III. Of Succession and the next Heirs to the Crown of Scotland THE King of Scotland hath Right to the Crown by Inheritance and the Laws and Customs of the Kiâ—gdom upon the Death of the King the next of kindred though born out of the Dominions of Scotland or born of Parents not Subjects of Scotland is immediately King before any Proclamation Coronation publication or consent of Peers or people The Crown descends from Father to Son and his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of a Brother to the Sister and her Heirs The Salique Law or Custom of France hath here no more force than it had anciently among the Jews or in Spain and other Hereditary Kingdoms The Salique Law is of force only among the French Turks and Barbarians and hath been so of a long time At the Death of the King die not only the Offices of the Court but all Commissions granted to Judges In the King's Infancy a fit person of the Nobility is made choice of in Parliament who by nature or alliance hath most interest in the preservation of the Life and Authority of the Infant In Scotland the King being absent by His Majesties Commission the Lord High Commissioner to whom the King commits the grand and weighty Affairs of the Kingdom doth by Instructions from His Majesty regulate the Affairs and redresses the Grievances of the Kingdom Of the present King of Scotland The King now Reigning is Charles the Second of that name his name of Baptism Charles in the German Tongue signifies one of a masculine strength or virtue Surname His surname is Stuart which first by Office was given to Walter Father to Robert King of Scotland from whom our present King is descended he was grand Senescal or High Steward or Stuart of Scotland as bearing such an Office by a long and vulgar errour it hath so prevailed that it was accounted the surname of the Kings of Scotland and of many Families descended from them The Genealogy The King now Reigning is Son to King Charles the Martyr and the Princess Henrietta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his veins all the Royal 〈◊〉 of â—â—rope concentred he is descenâ—â—â—â—â—neally lawfully from Scotish Kings for almost 2000 years the King now Reigning the 109th so that for Royal Extraction and long line of just descent His Majesty now Reigning excels all the Monarchs of all the Christian if not of the whole world Birth He was born the 29th of May 1630. at the
Royal Palace of St. James's over which house the same day at noon was seen by thousands a Star and soon after the Sun suffered an Eclipse a sad presage as some then divined that this Princes power should for some time be Eclipsed as it hath been and some Subject signified by a Star should have extraordinary splendor Baptized Was Christened the 27th of June following by the then Bishop of London Dr. Laud. Had for his Godfathers his two Uncles Lewis the 13th King of France and Frederick Prince Palatine of the Rhein then called King of Bohemia represented by the Duke of Richmond and Marquis of Hamilton His Godmother being then the Queen Mother of France represented by the Dutchess of Richmond Had for Governess Mary Countess of Dorset In May 1633. he was first Knighted and immediately after he was made Knight of the Garter and installed at Windsor Education At the Age of Eight he had for Governour the Earl afterwards Marquis now Duke of Newcastle and after him the Late Earl of Barkshire and for Tutor or Praeceptor Dr. Duppa then Dean of Christ Church after Bishop of Salisbury and lately of Winchester At the Age of Twelve was with the King his Father at the Battel of Edge Hill and soon after at Oxford was committed to the care of the Marquis of Hertford About Fourteen years old was in the Head of an Army in the West of England At the Age of Fifteen a Marriage was proposed between him and the Eldest Daughter of the King of Portugal the Infanta Joanna since deceased Two years after was from Cornwal transported to the Isle of Scilly and after to Jersey and thence to his Royal Mother to St. Germains near Paris At this time the Parliament in England being at variance with the King A little time after he was at Sea with some Naval Forces endeavouring to rescue the King his Father then in the Isle of Wight out of the wicked hands of his Rebellious Subjects Not many months after upon the sad news of the horrid Murther of his Royal Father he was in Holland first saluted King and soon after proclaimed in Scotland being not yet nineteen years of Age. At the Age of Twenty from Holland he landed in Scotland June 1650. and in January following to the joy of His Loyal Subjects there he was Crowned at Scoone the place where his Ancestors had been Crowned At his Coronation there was this Solemnity A Reverend and Learned Divine Mr. Robert Douglass preaching a Sermon concerning the Dignity and Honour due to Kings all the Nobility being present he was invested with the Regalia The Crown being put upon his Royal Head he was by the joyful Acclamations of his people saluted King all of them present with one voice crying out God save the King God save the King God save the King These precise times not allowing the ordinary Rites of Coronation The third of September 1651. fought the Battel of Worcester whence after the unfortunate loss of his whole Army wandring in disguise about England for six weeks and most wonderfully preserved he was at length transported from a Creek near Shoram in Sussex to Feccam near Havre de Grace in France in which Kingdom with his Royal Brothers and divers Scotish and English Nobility Cleâ—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 inveâ—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 â—â—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
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 Chyrurgâ—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 â—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
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 saâ—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
or not approve only these who are not satisfied one way or another say Non liquet which is a great ease to those who are conscientious and a common refuge to the cunning Politician The major Vote carries it No Dissents or Protests are allowed in publick Acts these are accounted Treasonable but in private Acts that relate to mens Properties and Rights any one may protest for his Interest After all business is ended the King or his Commissioner makes a Speech to the Parliament Assembled after which they are Dissolved Sometimes the King His Majesty makes use of a Convention of Estates which can make no Laws only by this Meeting Impositions are laid upon the Subjects they do not Sit in State and have been most in use before the Kings were Crowned Whatever Acts are passed in Parliament or Convention of Estates are to be proclaimed soon after the Dissolution at the publick Market-Cross of Edinburgh by the Lyon King at Arms with a great deal of State and Ceremony after which they are obligatory on the Subjects And it is Enacted that none of the Lieges shall presume to impugn the Dignity and Authority of the Three Estates or any of them in time coming under the pain of Treason the Authority of the Parliament being the Supreme Court it is not impertinent to give a List of the Nobility of the Kingdom of Scotland with their Precedency which is as follows with their Surnames A List of the Nobility of the Kingdom of SCOTLAND Dukes His Royal Highness the Duke of Albany The Duke of Hamilton his Surname Hamilton The Duke of Surnames Buccleuch Scot. Lauderdale Maitland Lenox Lenox Rothes Lesley Marquesses and their Surnames The Marquess of Surnames Huntley Gordone Douglas Douglas Montross Grahame Athol Murray The Earls of Earls Surnames Argile Campbell Crawford Lindsey Errol Hay Marishall Keith Southerland Southerland Marr Ereskine Airth Grahame Morton Douglass Buchan Ereskine Glencairn Cunninghame Eglington Montgomery Cassiles Kennedy Murray Stewart Caithness Sinclare Nithisdale Maxwell Wintoune Seatoune Linlithgow Livingstone Home Home Pearth Drummond Dumfermling Seatoune Wigtoun Fleming Strathmore Lyon Abercorn Hamilton Roxborough Ker Kelly Ereskine Haddington Hamilton Galloway Stewart Seaforth Mac-kenzy Louthian Ker Kinnoule Hay Loudoun Campbell Dumfreis Creighton Queensbury Douglass Sterling Alexander Elgine Bruce Southesk Carnaigy Traquair Stewart Ancram Ker Weimes Weimes Dalhousy Ramsey Airly Ogilvy Callender Levingstone Carnwath Dalziel Finlator Ogilvy Leven Lesley Annandale Johnstone Dysert Murray Panmuire Mauld Tweddâ—le Hay Northesk Carnaigy Kincardin Bruce Forfar Douglass Balcarres Lindsey Middleton Middleton Aboyne Gordone Tarras Scot Newburgh Livingstone Kilmarnock Boyd Dundonald Cochraine Dumbarton Douglass Kintore Keith Broad Albyne Campbell The Viscounts of Viscounts Surnames Faulkland Carey Dumbarr Constable Stormont Murray Kenmure Gordone Arbuthnet Arbuthnet Frendaret Creightone Kingstone Seatoune Oxenford Macgill Kilsyth Livingstone Irwing Campbell Dumblane Osborne Preston Grahame Newhaven Sheene The Lords of Lords Surnames Forbes Forbes Saltone Frazier Gray Gray Ochiltry Stewart Cathcart Cathcart Sinclare Sinclare Mordington Douglass Semple Semple Elphingstone Elphingstone Oliphant Oliphant Lovat Frazier Borthwick Borthwick Rosse Rosse Torphighen Sandilands Spyne Lindsey Lindoris Lesley Balmerinoch Elphingstone Blantyre Stewart Cardrosse Ereskine Burghly Balfour Maderty Drummond Cranstone Cranstone Melvil Melvil Neaper Neaper Cameron Fairfax Cramond Richardson Rae Macky Forrester Bailzy Petsligo Kirkudbright Mac-cleland Frazier Frazier Bargany Hamilton Bamf Ogilvy Elibank Murray Dunkeld Galloway Halcarton Falconer Belhaven Hamilton Abercromby Sandilands Carmichael Carmichael Rollo Rollo Colvil Colvil Duffus Southerland Ruthven Ruthven Mac-Donald Mackdonald Rutherford Rutherford Balanden Balanden Newark Lesley Burntisland Weimes Name Nobiles quasi viri noscibiles or notabiles In all Christian Monar chies men that have been notable for courage wisdom wealth and have been judged fit and worthy to enjoy certain priviledges titles dignities honours c. above the common people have been placed in an higher Orb and have been as a shreen between the King and the inferiour Subjects to defend the one from Insolencies and the other from Tyranny to interpose by their Counsel Courage and Grandure where common persons dare not ought not be so hardy to support the King and defend the King and Kingdom with their Lives and Fortunes The Nobility of Scotland is called the Peerage of Scotland because they are all pares Regni that is nobilitate pares though gradu impares Degrees The Degrees of the Nobility are only five viz. Duke Marquess Earl Viscount and Baron These are all Peers but the four first are for State Priviledge and Precedence above and before these who are Barons only Duke A Duke in Latine Dux à ducendo Noblemen being antiently either Generals and Leaders of Armies in time of War or Wardens of Marches and Governours of Provinces in time of Peace afterwards made so so for term of life A Duke is created by Patent cincture of Sword imposition of a Cap and Coronet of Gold on his head and a Verge of Gold put into his hand Marquess Marchio a Marquess was first so called from the Government of Marches and Frontier Countries A Marquess is created by a cincture of a Sword imposition of a Cap of Honour with a â—oronet and delivery of a Charter or Patent Earls Earls antiently called Comites because they were wont comitari Regem to wait upon the King for Counsel and Advice An Earl is created by the cincture of a Sword A Mantle of State put upon him by the King himself A Cap and a Coronet put upon his head and a Charter in his hand Viscount Vice-Comes quasi vice Comitis gubernaturus Comitatem a Viscount is so made by Patent Barons The word Baron was used for Vir in the Laws of the Longobards and of the Normans as at this day in the Spanish it is used for the same so that a Baron is vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by excellency or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vir notabilis principalis Barons are sometimes made by Writ when they are called to sit in Parliament but most usually by Parliament All the forementioned Degrees have the title of Lord All Honours in Scotland are given by the King who is the sole Fountain of Honour None of these Honours bestowed on a Family by the King can be lost but by want of Issue or else by some heinous Crime of Treason and then that Family cannot be restored to their Blood but by the King The several Degrees of the Nobility are differenced and distinguished one from another by their Titles and Ensigns of Honour A Duke hath the Title of Grace and being written unto may be stiled Most High Potent anâ— Noble Prince A Marquess Most Noble and Potent Lord an Earl Most Noble and Potent Lord a Viscount Right Noble and Potent Lord and a Baron Right Noble Lord. Their Coronets are all different A Baron hath six Pearls upon the Circle A Viscount hath his Circle of Pearls without number An Earls Coronet hath the Pearls raised The Marquess a Pearl and Strawberry leaf
in this Court with the Lord Justice General and the Lord Justice Clerk All Tryals for Life are in this Court which sits every Friday in the Time of Session in the Afternoon Here all the Subjects Peers as well as Commons are tryed The difference between a Peer and Commoner in their Tryal in this Court is this viz. The greater part of the Peers Jury called by the Scottish Law an Assize must be Peers The Jury is made up of 15 The Foreman who is called the Chancellor of Assize gathers and reports the Votes The major part determins the matter The present Justice General is the Earl of Queensbury Of the Exchequer The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in commission the Lord Treasurer Deputy and some Assistants called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy usually carry all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of these Courts is Edinburgh which has been long the chief Seat of the Government though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience than the bringing up all their Affairs to Edinburgh CHAP. VI. Of Inferiour Courts of the Sheriffdoms The Names of the Sheriffs who are so most by Inheritance The Courts of Regality A Barons Court NExt to these Supreme Courts there are other Inferiour Courts And first there are in all the Shires of Scotland Sheriffs who are the Judges in all Matters of of Meum and Tuum in Thefts and in all lesser crimes as likewise in Murthers if the Murtherer be taken in hot blood as they call it when the person is newly slain But though there lyes no Appeal in this Kingdom in any Court yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of Inferiour Judges and order to be brought before themselves Most of the Sheriffs were antiently so by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a Power in their Shires that our King of late hath thought fit to agree with many of these Sheriffs for their Rights by which it comes to pass that many of them now are in the King's Gift The Sheriffs may either sit and give Judgment themselves or do it by a Deputy which they most commonly do except in some great cases For the more full satisfaction of the Reader it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs Shires or Counties of Scotland and their Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian Charles Maitland The Shire of Berwick containeth Mers Earl of Home The Shire of Peeblis containeth Tweddail Earl of Tweddail The Shire of Selkirk containeth the Forrest of Etterick Murray The Shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail Anandail E. of Queensbury The shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The shire of Aire containeth Kyle Carrict and Cunninghame E. Dumfreis The shire of Renfrew containeth the Barony of Renfrew E. of Eglington The shire of Lanerick containeth Clidsdail D. Hamilton The shire of Dumbritton containeth Lenox D. of Lenox The shire of Bute containeth the Isles of Bute and Arran Sir James Stewart of Bute The shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles all Ila Jura Mull Wyist Teriff Coll Lismore c. E. of Argile The shire of Perth containeth Athol Goury Glenshee Strath-Ardell Broad Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern D. of Atholl The shire of Striveling lyeth on both sides the River Forth E. of Marr. The shire of Linlithgow West Lothian John Hope of Hoptoun The shire of Clackmanan containeth a small part of Fife lying on the River Forth towards Striveling Sir D. Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Loâ—hleiven and the Ochell Hills E. of Morton The shire of Câ—uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila â—len Esk Glen-Prossin E. of Southesk The shire of Kinkardin cont Mernis E. Mareschal The shire of Aberdeen containeth Mar with its pertinents as Birse Glentaner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land E. Dumfermline The shire of Bamf containeth a small part of Buchan Strath-Dovern Boyn Enzy Strath-Awin and Balveny Sir James Baird of Auchmedden The shire of Elgine containeth the Eastern part of Murray Robert Dumbar of The shire of Nairn containeth the West part of Murray The shire of Innerness containeth Badenoch Lochabyr and the South part of Ross E. of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrquart of Cromarty The shire of Tayne containeth the rest of Ross with the Isles of Sky Lewes and Harrigh E. of Seaforth The shire of Dornoch containeth Southerland and Strath-Naver E. of Southerland The shire of Weik containeth Cathness E. of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale D. of Lauderdale Stewartries Stewards Strath-Yern E. of Pearth Monteith E. of Monteith Annandail E. of Annand Stewartries Stewards Kirkudbright containeth the East part of Galloway E. Nithisdail Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington Court of Regalities There are also many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and Death besides many other great immunities and priviledges This began chiefly in Church lands for all the Bishops and most of the Abbots had these Regalities granted them some of the antient and great Peers got the same power bestowed upon them and many more have lately got their Lands erected into Regalities The Judge is called the Bailiff of the Regality who sits as often as there is cause Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance These being given by the King a Church-man not being allowed to give a Commission in causa sanguinis A Barons Court Besides these every one that holds a Barony of the King has a Baron Court in which leâ—â—er matters are also judged and they may fine and distrain Antiently these Baron Courts might judge of Life and Death but now it is not so For all the other particulars that relate to the Regalities Superiorities and
this is much to their comfort that 't is only from the ignorant and deluded multitude and rabble let none so much as think that the King wanted assistance of his Loyal Subjects in the time of that Rebellion and let not the Kingdom any more suffer an ignominy for the abominable knavery of a few who to this day are stigmatized for their roguery and their posterity render'd contemptible it is not necessary to run out in vindication of the Loyalty of the People of Scotland in this enterprize their Actions of late when the Kings service required have sufficiently given proof to the world of the same and at present the King hath at command by Act of Parliament twenty thousand foot and two thousand Horse with forty days provision to march into any of His Majesties Dominions if need require CHAP. IX Concerning the Ecclesiastical Government of the Church IN the Year 1660 after a most grievous burthen of that insupportable yoak which our sins had prepared and other mens sins had laid on us after the Kingdom had groan'd nine years under the Tyranny of these Usurpers who to compleat our miseries imprisoned Banished and miserably butcher'd the Loyal Subjects under the names of Malignants Traitours and Rebels their Estates and Lands forfeited and sold their Houses garrisoned plundered and burnt and their posterity almost reduced to poverty and misery Alass Our Plough-shares were metamorphosed into Swords after all these calamities it pleased Almighty God to remember us in mercy and after the Church had suffer'd an Eclipse for twenty four years By the miraculous Restauration of our most Sacred Sovereign to the Throne of his Ancestours for the good of this Church and Kingdom then it pleased God to restore the ancient Hierarchy of the Church His Majesty that he might settle his Kingdom summoned his first Parliament to meet at Edinburgh the first of Jan. 1661 giving a Commission under the great Seal to John Earl of Middleton to represent his Person therein in the first Session the Solemn League and Covenant was condemned as an unlawful and wicked Oath imposed on the Subjects by a prevailing Faction contrary to Authority The pretended Triennial Parliaments from 1640 to 1649 with the assembly of Glasgow 1638 c. were annulled the unjust transactions at New-Castle 1646 and 1647 condemned Duke Hamiltons engagement 1648 approved the pretended forfeitures of the Marquesses of Huntley and Montross the E. of Forth Barrons of Glengarey Haddo Dunerub Delgaty Harthill and others who suffered for their Loyalty and all Acts made in prejudice of Lawful Authority were rescinded 1662. In the second Session the Antient Ecclesiastical Government of the Church was restored to the exceeding joy and satisfaction of all his Majesties good Subjects This was done by an Almighty Power the Covenanters having so wonderfully defaced the Government of the Church and rendered the Dignity and Office of a Bishop contemptible in the eyes of the People that His Majesties Restauration being so miraculously without shedding of blood to be restored to his own Kingdoms the Government of the Church with so little or no disturbance settled these things being considered ought to be kept as memorials not written superficially but with the point of a Diamond in the hearts of all Loyal Subjects Of the Archbishop of St. Andrews At this time Dr. James Sharp Professor of Divinity at St. Andrews who had been Professor of Philosophy in St. Leonards Colledge was preferred Archbishop of St. Andrews Primate and Metropolitan of Scotland who was murthered after a most barbarous manner by some Ruffians in May 1679. Upon his Murther Alexander Archbishop of Glasgow was translated to St. Andrews who now governs the See The present Chapter of St. Andrews the old one being dissolved with the Priory in the time of the Reformation had its beginning Anno 1606. by Act of Parliament in King James's the Sixth Reign and consists of the persons following The Prior of Portmollock Dean The Archdeacon of St. Andrews The Vicar of St. Andrews Couper Crail Dysert Kircaldy Pittenweem Lewchars Kinkell Dearsie Fordun Kennoway The Vicar of Abercromby Forgund Foulis Rossie Balmerinoch Longforgund Eglisgreig and others to the number of twenty four The Cathedral which was an antient and magnificent Fabrick was demolished with the Priory since which time the Parish-Church serves instead of it The Diocess of St. Andrews contains the whole County of Fife part of Perthshire and part of Angus and Mernis The Coat of Arms belonging to the Archiepiscopal See of St. Andrews is a Saphir a Saltier Pearl being the Cross of St. Andrew the Apostle Clergy their Dignity The Spiritual Function according to the practice of all civilized Nations hath ever had the preference and precedence of the Laity and hath in all times been reputed the first of the Three Estates All Subjects may be divided into Clergy and Laâ—ty the Laity subdivided into Nobility and Commonalty Names The Clergy are so called because they are Gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Portion For although all Christians may be stiled God's Portion as well as God's Servants yet amongst Christians these persons whom God hath set apart and separated from common use to his service to be as it were his domestick servants are more peculiarly the Lord's Portion and therefore from the first Age of Christianity the persons so set apart have been called Clerici Clerks Degrees As in the State so in the Church the Laws and Constitutions of Scotland would not that there should be a parity and equality of all persons therefore it is that all Bishops are Peers of the Realm The Arch-Bishop of St. Andrews takes place of all Dukes next to the Blood Royal In writing and speaking to him is given the Title of Grace as it is to all Dukes and Most Reverend Father in God as likewise the same Title of Honour is due to the Arch-Bishop of Glasgow All the rest of the Bishops take place of Barons The Archbishop of Glasgow taking place next to the Lord Chancellor All Bishops have one priviledge above and beyond all â—ay Lords viz. That in whatsoever Christian Princes Dominions they come their Episcopal Dignity and Degree is acknowledged and they may Quatenus Bishops confer Orders c. whereas no Lay-Baron Marquess or Duke is in Law acknowledged such out of the Dominions of the Prince who conferred these Honours The Revenues of the Scottish Clergy at present are generally very small and insufficient Many secret and indirect means have been used to lessen their Rents through corrupt Compositions and Compacts They were most miserably robb'd and spoiled of the greatest part of their Lands until King James the Sixth who after he was come to Age took particular care in restoring to some Bishopricks what was most unjustly kept from them Yea at this day a Gentleman of 200 l. Land Rent yearly will not change his worldly estate and condition with several Bishops A Shopkeeper a common Artisan will hardly change theirs with ordinary
eminent Virtues we admire in the Primitive Bishops seemed to be revived His Life was most exemplary and severe he Preached constantly and by his appearance in time of his Preaching he seemed like one in Heaven being so much touched himself with what he delivered to others His humility was astonishing his meekness and charity extraordinary his expence on himself very small all that he had he laid out on the Poor He was very tender of all the concerns of his Clergy and by his excellent deportment and heavenly discourses did much edifie and instruct them all He studied by the most gentle methods possible to overcome the peevishness of the Schismaticks but all was in vain for they became more insolent and stubborn He was translated to Glasgow 1670. who in 1674. resigning Alexander Burnet was restored and he retired from all Publick Offices His Predecessor was James Wedderburn Professor of Divinity in St. Andrews and thrust out by the Covenanters Upon the Translation of Robert Leighton James Ramsay Dean of Glasgow was preferred to the See 1676. The Bishop of Dumblane is alwaies Dean of the King's Chapel Royal. The Diocess of Dumblane contains part of Perth and Striveling-shire The Bishops of Ross John Paterson Preacher in Aberdeen was promoted to the Bishoprick of Ross 1662. Upon his Death Alexander Young Bishop of Edinburgh was translated to this See John Maxwell one of the Preachers of Edinburgh a very Learned man a great Preacher and of excellent parts was Bishop of Ross and thrust out by the Covenanters 1639. and afterwards much persecuted by them The Cathedral of Chancnry where the Bishop of Ross his Seat is was demolished by the first Reformers some part whereof is lately rebuilt The Diocess of Ross hath under its Jurisdiction the Shires of Tayn Cromarty and the greater part of Innerness-shire The Arms of the Bishoprick of Ross are Argent a Bishop standing on the Sinister habited in a long Robe close girt Purple Mitred and holding in his left hand a Crosier Or and pointing with the Right to St. Boniface on the dextâ—r side clothed and both his hands placed on his Breast proper Bishops of Cathnes Upon the Restitution of Hierarchy 1662. Patrick Forbes was preferred to the See John Abernethy a Learned and worthy Prelate was promoted to this See and thrust out by the Covenanters Dr. Wood was preferred and now governs this See The Diocess of Cathnes whereof Dornoch in Sutherland is the Bishop's Seat contains the Shires of Cathnes and Sutherland There is not much said of the Cathedral Bishops of Orkney Thomas Sydserfe Bishop of Galloway Anno 1662. the only Bishop then alive of all that had been thrust out by the Covenanters was translated to Orkney He sate but a little time dying 1663. Unto whom succeeded Andrew Honniman a Learned and Pious man and good Preacher This Bishop accompanying the Archbishop of St. Andrews received a wound in the Arm by â—istol-shot aimed at the Archbishop of St. Andrews by an obscure fellow named Mitchel who afterwards was execuâ—ed This Bishop died An. 1676. and was buried at Kirkwall in the Cathedral Church Murdack Makenzie Bishop of Murray was translated to this Bishoprick and now governs the See There was one George Graham Bishop of Orkney being terrified with the censures of the Assembly of Glasgow did abjure Episcopacy submitting to the Presbyterian Government betaking himself to the Charge of a particular Parish 1638. Hereupon King Charles the First did promote Robert Baron Doctor and Professor of Divinity in the Marischal Colledge of Aberdeen to the Bishoprick The Learned and worthy man having incensed the Covenanters by expressing his Loyalty so publickly in the Disputes between the Doctors of Aberdeen and Mr. Henderson Mr. Dick and Mr. Cant the Three great Champions for the Covenant was forced to fly to Berwick where he died shortly after before his Consecration The Diocess of Orkney hath under its Jurisdiction all the Northern Isles of Orkney and Schetland Bishops of Argile An. 162 was promoted to this See Boyd who as he was descended from one of the Noblest Families in the Kingdom being Brother to the Lord Boyd so he was a very extraordinary person He found his See full of ignorance and Barbarity scarce any Churches or Schools in it And in many places the very name of Christ was not known He set himself wholly to the work of the Gospel and planted many Churches He resided constantly in his Diocess and was a great example of Piety and Virtue And for all the prejudices that are in these parts against that Order yet he is never named among them to this day but with great honour as an Apostolick person James Fairly sometimes Bishop of Argile was thrust out by the Covenanters 1638. and afterwards renounced his Bishoprick and accepted a private charge Anno 1662 Fletcher Rector of was preferred to the place who dying Anno 1665. William Scrougy Parson of Raphan in Aberdeenshire was preferred to the place he governed the See nine years and died at Dumbarton Anno 1675. Unto him succeeded Arthur Ross who since is translated to Glasgow The Diocess of Argile contains the Countries of Argile Lorn Kintire and Lochabyr with some of the West Isles such as Lismore c. The Arms of the See of Argile are Azure Two Crosiers disposed in Saltier and in chief a Miter Or. Bishops of the Isles Since the Restauration of Bishops Robert Wallace Rector of Barnwell in the Sheriffdom of Air was made Bishop of this See Anno 1602. John Lesly was Bishop of this See and after was translated to the Bishoprick of Rapho in the Province of Armagh in Ireland he lived in King James the Sixth's time a consecrated Bishop and in King Charles the first 's time in the late Rebellion he was a great sufferer being sequestered and plundered yet he out-lived all this misery and at the Restauration of Bishops in Ireland he was restored to his former Bishoprick in Rapho He was the antientest consecrated Bishop in Christendom To him Neil Campbell Rector of succeeded 1602. in the Bishoprick of the Isles who was thrust out by the Covenanters 1638. A List of the Archbishops and Bishops of Scotland The Archbishop of St. Andrews The Archbishop of Glasgow The Bishops of Edinburgh Galloway Dunkeld Aberdeen Murray Ross Brichen Dumblane Caithnes The Isles Argile Orkney The Bishops of Scotland take their places thus St. Andrews Glasgow Edinburgh Galloway the rest according to the Seniority of their Consecrations Here observe that Mr. Colin Faulconer formerly Minister of Forress was preferred to the Bishoprick of Murray CHAP. X. Of Bishops Jurisdictions Of their Commissaries Of the Court of Session Of Presbyteries A List of the Presbyteries of Scotland Of Synods Of the General Assembly HAving given this former Account of the Bishops according to their Successions it will seem convenient to add something concerning their Jurisdictions which is committed to their Substitutes Every Bishop hath under him one Official or Commissary
He died about the year 1664. James Wood Professor of Divinity and Provost of St. Salvators was a person both judicious and wise as also of considerable Learnâ—ng he wrote a Book against Indepenâ—ency He died about the year 1664. John Johnston Professor of Divinity in the New Colledge wrote a Paraphrase of the Psalms and other most excellent Poems and was very much admired for his skill in the Latine Tongue and Poesie He flourished about the year 1610. David Calderwood a man of great Reading and Study but very unhappy in his way of expressing himself both which appeared in his Altare Damascenum He was at first very factious and banish'd the Kingdom by King James the Sixth yet was afterwards much neglected by that violent party who judged him too moderate though from his Book none would imagine him guilty of it James Durham a Gentleman of a good Family and Learned was bred in this famous University he wrote a judicious Book of Scandal with good Learning in it There are also Expositions of his upon the Revelation and on the Song of Solomon and the Ten Commandments all published since his Death George Gillespie was also bred here who was a very pregnant young man had great freedom of expression and much boldness which raised him to make a very considerable figure among the Covenanters He had some good Learning but was very factious He wrote against the Ceremonies and many pieces against the Erastians He died Anno 1649. James Gregory Professor of the Mathematicks in this University was a person of most extraordinary Learning in that Science He had a strange faculty of resolving the hardest Problems and seems to have found a Non plus ultra in Geometry He was Fellow of the Royal Society much admired both in France Italy and England where he travelled but lost both his Eyes and soon after died 1674. In this University many of the chief Nobility are bred among whom none has done greater honour to St. Leonard's Colledge where he was bred than his Grace the Duke of Lauderdale to whom as Learning seemed entailed his Family for four Descents having been most famed for Learning of any of their Quality so he received these impressions in this University that being since much improved have rendered him so eminent for Learning of which only my Subject leading me to speak I shall say nothing of his other extraordinary Qualities Archbald Napier of Marchistone was a profound Scholar and of profound worth His Logarithms have rendered him famous throughout the whole world He wrote also an Exposition on the Revelation He died 162 Sir Robert Murray a great promoter and Fellow of the Royal Society was a person of wonderful Abilities vast Apprehensions great depth of Judgment and universally known in every thing but more particularly in the Mathematicks He was a great ornament to the Age he lived in and an honour to his Country He died Anno 1674. CHAP XII The University of Glasgow IT was founded Auspiciis pietate benignitate eximii principis Jacobi Secundi Scotorum Regis Serenissimi indulgentiam faciente jus ac facultatem studii generalis sanciente Nicolao Quinto Pontifice Romano ejus erectionem constitutionem magno labore sumptibus procurante Reverendo Antistite Guilielmo Turnbullo Episcopo Glascuensi The words of the Bull are Vt studium generale vigeat tam in Theologia ac jure Canonico civili quam artibus qualibet alia facultate quodque Doctores Magistri ibidem omnibus singulis privilegiis libertatibus honoribus immunitatibus exemptionibus per sedem Apostolicam vel alios quomodolibet Magistros Doctoribus Studentibus in studio nostrae Civitatis Canoniensis Concessis gaudeant utantur The persons founded were a Rector a Dean of Faculty a Principal or Warden who was to teach Theology Three Professors to teach Philosophy Afterwards some Clergy-men professed the Laws here being invited to that profesâ—â—on rather by the convâ—nience of a Collegiate life and the immunities of the University than by any considerable Salary King James the Sixth Anno 1577. did establish Twelve persons in the Colledge viz a Principal three Professors of â—hâ—losophy called Regents four Scholars called Bursars an Oeconomus or Provisor who furnisheth the Table with provisions the principal Servant a anitor and a Cook Benefactors The Kings of Scotland have been great Benefactors to this University King James the Second the Founder of it did bestow considerable Revenues and endowed it with many priviledges and immunities The words of the Letter under the Great Seal 12. Kal. Maii 1453. are Omnes singulos Rectores qui pro tempore fuerint facultatum Decanos procuratores Nationum Regentes Magistros Scholares in hac universitate studentes sub nostra firma pace custodia defensione manutentia suscipimus eosdemque Rectores c. ab omnibus Triâ—utis exactionibus Taxationibus collectis vigiliis custodiis eximimus postea eximendos statuimus The same priviledges were confirmed by King James the Third Anno 1472. by King James the Fourth 1509. by King James the Fifth 1522. by Queen Mary 1547. About the time of the Reformation the University was almost brought to desolation and had been ruined had not King James the 6th in his Minority restored it by his Royal bounty and munificence He confirmed all the priviledges and bestowed upon it the Tithes of the Church of Govan Anno 1577. Afterwards he ratified all the former Acts made in favour of the University and made some new Donations Anno 1617. King Charles the First did ratifie all the old Priviledges and bestowed Money for repairing the Fabrick King Charles the Second by the Advice of the Estates of Parliament gave also Money for the same purpose Bishop Will. Turnbull by whose procurement the Popes Bull was obtained was very liberal to the Colledge bestowing upon it both Lands and Revenues and so were several of the Bishops and Archbishops who succeeded him The City of Glasgow were also Benefactors to the Colledge The Ground on which the Colledge stands with a Field adjacent thereunto was the Donation of James Lord Hamilton Since the Reformation sundry private men have given considerable sums of Money towards the maintenance of poor Sholars as William Struthers Zachary Boyd Thomas Crawford Ministers Others have bestowed Money for repairing the Fabrick as Alexander Boyd Matthew Wilson Ministers James Law Archbishop of Glasgow was very bountiful to the Colledge for he much augmented the Revenues thereof and bestowed many choice Books which are in the Library Will. Earl of Dundonald An. 1672. gave about a thousand pounds sterling towards the maintenance of Bursars John Snell hath of late bestowed six thousand Marks Scottish for enriching the Library and adorning the Fabrick The Archbishops of Glasgow are perpetual Chancellors of the University The Rector is chosen once every year David Cadyow Canon of Glasgow was the first Recotr and William Elphistoun Official of Glasgow