King's Name The present Advocate is Sir John Nubet of Dirlton The Seventh Officer is the Lord Treasurer Deputy who is assistent to the Lord High Treasurer and is a Check upon him and presides in the Exchequer in his absence This Office is executed by Sir Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice general in Criminal causes The present Justice Clerk is Sir Thomas Wallace of Craigie All these have the Title of Lord and the precedency of all under Noblemen and their eldest Sons The Privy Council is chiefly employed about publick Affairs and judges of Riots and any Disturbance given to the Peace of the Kingdom Anciently the Lords of the Session were the King's Council and so are still called the Lords of Council and Session but the Power of the Privy Council has been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with the Privy Council Lawyers do plead the causes of Riots before them and when Sentence is given every Privy Councellour gives his Vote and the major Vote carries it Lords of His Majestie 's Privy Council John Earl of Rothes Chancellour of the Kingdom Lord President of the Privy Council James Lord Archbishop of Saint Andrews his Grace John Duke of Lauderdail his Grace Alexander Lord Archbishop of Glasgow his Grace William Marquess of Douglas John Marquess of Athol Archbald Earl of Argile John Earl of Errol George Earl Marischal William Earl of Morton Alexander Earl of Murray Charles Earl of Mar. Earl of Linlithgow John Earl of Wigton Patrick Earl of Kinghorn Alexander Earl of Kelley David Earl of Weemis James Earl of Airley William Earl of Dundonald George Lord Ross Sir Charles Maitland of Hatton Sir James Dalrymple of Stair Sir John Nisbet of Dirleton Sir Thomas Wallace of Craigie Sir James Fowlis of Collington Sir William Sharp of Stainibill Sir William Scot of Ardross Sir George Kinnaird of Rossie Sir John Wachop of Nidrie Sir Gerge Monro of Culkairn Lieutenant General Thomas Dalyell The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was anciently an ambulatory Court but was settled as it now is by King James the Fifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Councill and Session and a President to whom are added the Lord Chancellour and four extraordinary Lords who are of the chief Nobility The extraordinary Lords have no Salary and are not obliged to attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February they sit from 9 a clock in the Morning till 12 all the days of the Week except Sunday and Monday There is an Outer House and an Inner In the Outer there is a Bench where one of the Senatours sits a Week and all of them except the President have their turns in it who hears all Causes originally and where the Case is clear he gives Sentence But if it be difficult or if either party desires it he reports it to the rest of the Senatours who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge on the Bench there is a Side-Bar to which one of the Judges comes out weekly by turns as in the former and receives and answers all Petitions and Bills The Inner House where all the rest of the Senatours sit is a Court of great State and Order The Senatours sit in a semicircle in Robes under them sit their Clerks who write the most material heads of all that is pleaded at the Bar where the Pleadings are long and very learned When the Senatours have after all the parties are removed reconsidered their Arguments they give their Sentence and the major Vote carries it Their final Sentence determines the business there lying no Appeal from them onely the Parliament as the Supreme Court may review and repeal their Sentence and they are called Decreets from the Latin Decreta Senatours of the Colledge of Justice Sir James Dalrymple of Stair President Sir John Nubet of Dirleton Sir Thomas Wallace of Craigie Sir Charles Maitland of Hatton Sir James Fowlis of Collington Sir Robert Nairn of Strathurd Sir David Nevoy of Nevoy Sir Peter Wederburn of Gosfurd Sir John Baird of Newbyth Sir John Lockart of Castlehill Sir Richard Maitland of Pitrichie Sir David Balfour of Forret Sir Thomas Murray Sir James Fowlis of Sir David Falconar of Newton The Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliaments or of the Customes and Practicks of the Colledge of Justice which are held of no less force then Acts of Parliament and where neither of these contradicts the Civil Law the Roman Law is of force This makes our Lawyers generally great Civilians for they goe either to Leiden Poictiers or Bourges and study the Civil Law in which some are learned to a high degree The Law of Scotland is easie and regular by reason of our Registers which are so full that Titles are much more easily cleared here then can be done where those Registers are not which may appear from the following Instances No man can have a Right to any Estate but by his being seised of it which is done by the delivery of Earth and Stone upon which an Instrument is formed called a Sasine and this must be registred within 60 days otherwise it is of no force by which means all secret Conveyances are cut off for if no Sasine be passed upon them or if these be not put in the publick Registers which every one may search the Conveyance is of no force All Bonds have a Clause in them for inserting them in the publick Registers and they being registred without any farther action by a charge of six days the Debitor must make payment otherwise Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under Outlawry and Rebellion and forfeits to the King his personal Estate and if he continues a year under it the Life-rent of his real Estate in which the Creditor is to be preferred for his interest the rest goes into the Exchequer By the Letters of Caption the party is seised on and put in prison nor is his House a place of security but may be searched for him By the Letters of Poynding the Debitor's Goods may be distrained where-ever they can be found A third Instance to which I shall adde no more is that any
Orkney and Schetland  The Constabularie of Hadington containeth East Lothian and Lauderdail Duke of Lauderdail STEWARTRIES STEWARDS Strath-Jern Earl of Perth Menteith Earl of Menteith Annandail Earl of Annandail Kirkubright containeth the East part of Galloway Earl of Nithisdail BAILIARIES BAILIFFS Kile  Carrict Earl of Cassils Cunninghame Earl of Eglington Besides these every man that holds a Barony of the King has a Baron-Court in which lesser matters are also judged and they may Fine and Distrain Anciently these Baron-Courts might judge of Life and death but that is now out of use For all the other particulars that relate to the Regalities Superiorities and other things of the Law of Scotland such as are curious may find full satisfaction in that most learned Work of Craigs de Jure Fendali written in Latin and Printed at Edinburgh in Folio The Military Government in Scotland of every County is not lodged in one person but the Regiments of Foot are commanded by Colonels and the Troups of Horse by Captains named by the King without any dependence upon one Lord Lieutenant nor are there Deputy-Lieutenants but the Lieutenant-Colonels and other Officers are named by the King as is usual in an Army The Court of Admiralty sits in Leith the chief Sea-port of this Kingdom but has not much business except in times of War to judge of Prizes The present High Admiral is His Royal Highness James Duke of York The Burroughs of Scotland are of three sorts either Royal Burghs Burghs of Regality or Burghs of Barony The former have Commissioners in Parliament and besides are a State apart for they meet yearly in a Convention called the Convention of Burroughs to which a Commissioner comes from every one of them There they make Laws for themselves about Trade and other things relating to their Corporations They hold these Meetings in a Circuit around the chief or as they call them the Head Burghs and at the end of one Convention they name the time and place for the next In these Burghs there is a Provost who has the chief Power and there are four Bailiffs that are next to him in the Government there is also a Dean of Gild who is the chief Judge among the Merchants likewise a Treasurer and a Common Council the one half of which is chosen yearly by the Merchants the other half by the Tradesmen who have likewise a Court of their own in which there is one from every Trade who is called the Deacon of the Trade and a Deacon Conveener who is their President and calls a Meeting of them when he pleases Those Deacons are chosen yearly by all the Freemen of their Trade and have a little Jurisdiction over them There are in most Burghs great Animosities and Factions between the Merchants and Tradesmen The Burghs of Regality are the Towns where these Lords hold their Courts The chief Magistrates are named by the Lord the rest they chuse themselves They have also great Freedoms little inferiour to the Royal Burghs onely they have no Commissioners in Parliament The Burghs of Barony are Mercat-Towns where the Lord of the Barony names some of their Magistrates and the Corporation chuses the rest In all these Burghs the Magistracy is no matter of burthen nor charge but of Power and Advantage from whence arise great Factions almost in them all A Catalogue of the Free CORPORATIONS or Royal BVRGHS in SCOTLAND Edinburgh in Lothian Linlithgow in Lothian Hadington in Lothian North-Berwick in Lothian Dumbar in Lothian Saint Andrews in Fife Cowper in Fipe. Dunfermlin in Fipe. Kirkaldy in Fipe. Craill in Fipe. Anstruther in Fipe. Pittenweem in Fipe. Dysert in Fipe. Earles-ferry in Fipe. Kinghorn in Fipe. Burnt-Island in Fipe. Culross in Fipe. Clackmannan in Fipe. Queens-ferry in Fipe. Dundee in Augus Montross in Augus Forfar in Augus Brichen in Augus Arbroath in Augus Kirkubright in Galloway Wigton in Galloway Whithorn in Galloway Stranraver in Galloway Glasgow in Clidisdail Lanerick in Clidisdail Elgin in Murray Nairn in Murray Forres in Murray Ranfrew in Ranfrewshire Pasley in Ranfrewshire Ruglen in Ranfrewshire Aberdene in Mar. Kintor in Mar. Bamff in Boyn Cullen in Boyn Innerness in Ross Tayne in Ross Air in Kyle Irwing in Cunninghame Rothsay in Bute Dumbarton in Lennox Innerara in Argile Jedburgh in Teviotdail Peeblis in Tweeddail Selkirk in Forrestshire Striveling upon Forth Dumblane in Menteith Innerkeithing in Fife Dornoch in Sutherland Annand in Annandail Dumfreis in Nithisdail Sanqbuar in Nithisdail Bervie in Mernis Innerowrie in Gareoch The People of Scotland are naturally candid and honest stout and resolute which makes them so much valued beyond the Seas the onely School of War to them since the happy Conjunction of this Island under one King They naturally love their King The Nobility have great Power chiefly in the High-lands where their Families commonly called Clannes depend absolutely upon the head of the Name whom they commonly call their Chief But the great Power of the Nobility of late years is much abated yet they are still very considerable The Property of the Subject is fully secured by Law and though the King has great Prerogatives yet the People have also great Liberties and Freedoms The COMMISSIONERS that have represented our KINGS since K. JAMES was settled on the Throne of England were as follows KING JAMES the VI. John Grabame Earl of Montross Commissioner 1604. George Hume Earl of Dumbar Commissioner 1606. George Keith Earl Marischal Commissioner 1609. Alexander Seaton Earl of Dunfermlin Commissioner 1612. James Hamilton Marquess of Hamilton Commissioner 1621. Anno 1625. KING CHARLES the I. Crowned Anno 1633. James Hamilton Marquess of Hamilton Commissioner 1638. John Stewart Earl of Traquair Commissioner 1639. James Grahame Marquess of Montross Governour 1644. Anno 1649. KING CHARLES the II. Crowned Anno 1651. John Middleton Earl of Middleton Commissioner 1660. John Leslie Earl of Rothes Commissioner 1663. John Maitland Duke of Lauderdail Commisioner 1669. A Catalogue of the CHANCELLOVRS of the Kingdom since the year 1198. collected out of Histories 1198. William Malvoisin Bishop of Glasgow 1220. William de Boseo Bishop of Dumblane 1226. Matthew Kinninmouth Bishop of Aberdene 1239. William Babington Bishop of Glasgow 1247. Abbot of 1248. Richard of Innerkeithing Bishop of Dumblane 1259. Gamelinus Bishop of Saint Andrews 1273. William Wishart Bishop of Glasgow 1280. William Fraser Bishop of Saint Andrews 1298. Maurice Bishop of the Isles 1363. Adam Bishop of Brichen 1372. Patrick Bishop of Brichen 1380. John Lyon Lord Glammes 1390. Gilbert Grimlaw Bishop of Aberdene 1409. William Lawder Bishop of Glasgow 1434. John Bishop of Brichen 1436. Sir William Creighton of Creighton 1444. James Bruce Bishop of Dunkeld 1448. Patrick Lyon Lord Glammes 1453. William Sinclare Earl of Orkney 1463. George Shorswood Bishop of Brichen 1474. John Lang Bishop of Glasgow 1476. Andrew Stewart Lord Evendail 1484. William Elphingston Bishop of Aberdene 1494. Archbald Douglas Earl of Angus 1497. George Gordon Earl of Huntlie 1502.
Colledge are the Globe and Saint Salvator's Cross SAINT LEONARD'S Colledge Was founded by John Hepburn Prior of Saint Andrews Anno 152 Persons endowed are A Principal or Warden Four Professours of Philosophy Eight poor Scholars Benefactours Of these I can give no account The Priory of Portmuck is annexed to this Colledge And lately the Parsonage of Kinkell in Aberdeneshire Present Professours James Weemis Doctour of Divinity and Dean of Saint Andrews Principal William Sanders Professours of Philosophy Alexander Skene Professours of Philosophy Alexander Grant Professours of Philosophy NEW COLLEDGE Was founded by James Beaton Archbishop Anno 153 The Professours and Scholars endowed are of Divinity for no Philosophy is taught in this Colledge Present Professours Walter Comrie Doctour and Professour of Divinity Principal David Faulconar Professour of Divinity There was lately founded in the Universitie of Saint Andrews a Professour of Mathematicks The present Rectour of the Universitie is Andrew Bruce Doctour of Divinitie Archdeacon of Saint Andrews The short and bad Account which I have given of this Universitie proceeds meerly from want of Information Learned men and Writers John Mayor Provost of Saint Salvator's a person according to the Learning of those Times very famous His History of the Scotish Nation is not so much esteemed being very short and in the style and way of writing Scholastical and Quodlibetical He wrote also on the Master of the Sentences but see his Character page 68. He flourished about the year 1520. Andrew Melvill Professour of Divinitie in the New Colledge a man well seen in the Hebrew Language and the Rabbinical writings He was the first who kindled the great Combustions in this Church by introducing the Discipline of Geneva amongst us as may be more fully seen in the foregoing History John Baron Doctour and Professour of Divinitie in the New Colledge was a person of great Worth and Learning and of great Candour He died in the time of our late Combustions Sir John Wedderburn was a Professour of Philosophy in this Universitie but that was too narrow a place for so great a Person who became since so celebrated for his great Learning and skill in Physick and though his infirmities and great age forced him to retire from publick practice and business yet his fame attracts all the Nation to him and his noble Hospitality and kindness to all men that are learned and vertuous makes his Conversation no less loved then his Advice is desired Samuel Rutherfurd Professour of Divinitie in the New Colledge was very famous in those Times for quickness and subtilty in disputing and writing He was judged to be very devout he wrote Exercitationes de Gratia and Disputationes de Providentia he was a wonderfull Assertour of the Supralapsarian Hypothesis he wrote also many Books in English some Controversial as the Divine right of Presbytery others pieces of Devotion and Sermons he wrote also a Seditious Book condemned by Law about the Power of the King and the Priviledges of the People called Lex Rex He died 1661. Alexander Colvill Doctour and Professour of Divinitie in the New Colledge he was before Professour at Sedan He was learned in the Hebrew and was a great Textuary and well seen in Divinitie He died about the year 1664. James Wood Professour of Divinitie and Provost of Saint Salvator's was a person both judicious and wise as also of considerable Learning he wrote a Book against Independency he died about the year 1664. John Johnston Professour of Divinitie in the New Colledge wrote a Paraphrase of the Psalms and other most excellent Poems and for his skill in the Latin tongue and Poesie was second to none in his time 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 banished the Kingdom by King James 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 freedome 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 An. 1649. James Gregory Professour of the Mathematicks in this University was a person of most extraordinary Learning in those Sciences He had a strange faculty of resolving the hardest Problems and seems to have found a Non plus ultrà in Geometry He was Fellow of the Royal Society and much admired both in England France and Italy where he travelled but lost both his eyes and soon after died 1674. In this Universitie many of the chief Nobility are bred among whom none has done greater honour to Saint Leonard's Colledge where he was bred then his Grace the Duke of Lauderdail 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 those impressions in this Universitie that being since much improved have rendered him so eminent for Learning of which onely my Subject leading me to speak I shall say nothing of his other extraordinary Qualities Archbald Lord Napier of Merchiston was a profound Scholar and of great 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 wonderfull abilities vast apprehensions great depth of Judgment and universally knowing 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. The Vniversitie of GLASGOW 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 Gulielmo Turnbullo Episcopo Glasguensi The words of the Bull are Vt Studium Generale vigeat tam in Theologia ac Jure Canonico Civili quà m Artibus qualibet alià Facultate quódque Doctores Magistri ibidem omnibus singulis Privilegiis Libertatibus Honoribus Immunitatibus Exemptionibus per Sedem Apostolicam vel alios quomodolibet Magistris Doctoribus Studentibus in Studio nostrae Civitatis Cononiensis concessis gaudeant utantur The Persons founded
Regalia the Lion Herauld with some Heraulds and Pursevants riding before the Honours last of all when the King is present in person rides the Lord Chancellour bearing the Great Seal but this is not done before a Commissioner After these rides the King or His Commissioner with the High Constable who is by Inheritance the Earl of Arroll on his right hand with a white Batton on his hand and the great Marischal who is also by Inheritance the Earl Marischal on his left hand with a silver Batton in his hand If the King be present in person the Marquesses and Dukes ride after the Earls but if His Commissioner onely be there they follow him at some distance At the outward Gate of the Parliament-house they all alight off their horses and the Earl Marischal receives and conducts the King to the inner Gate where he is received by the High Constable and led into the House where the Parliament is held The Throne is raised six steps high with a State over it and there the King or the Commissioner in His absence sits And in the first step under him on a Bench sits the Lord Chancellour with other Officers of State on both hands of him In the next step under these sit the Lords of Session or Judges On the right hand of the Throne is the Bishops Bench that rises up three steps and rows of Benches On the highest the two Archbishops sit and in the lower steps 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 sit the Nobility according to their precedency In the middle of the Floor there are two Tables on the one of them the Regalia are laid and in two great Chairs by them sit the Constable and the Marischal at the other Table sits the Lord Clerk of Registers with his Deputy-Clerks who are the Clerks of the Parliament There are also Fourms placed on the floor those on the right side are for the Commissioners of the Shires and those on the left hand are 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 sitting 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 but 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 upon by the Lord Chancellour Then they goe about the chusing of the Lords of the Articles who are Eight for every State who have been chosen in different ways Sometimes the Bishops did chuse the eight Lords of the Nobility and the Nobility eight for the Bishops at other times the Bishops did chuse their own eight and the Nobility their eight but now it is settled by an Act of Parliament that the King or His Commissioner names eight of the Bishops the Lords chuse eight for themselves and those sixteen do chuse eight Commissioners for the Shires and as many Commissioners 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 And anciently all these Bills were brought in the last day of Parliament on which the Members ride in the same State as they do the first day and the Bills being read they were put to the Vote of Parliament and either were approved or not and then being approved were presented to the King who by touching them with the Sceptre gave His Assent to them which also is done by His Commissioner in His absence if he refused to touch them they were of no force But of late times matters have been at full length and freely debated in Parliament They sit all in one House and every one answers distinctly to his Name and gives his Vote which is in these Terms I approve or not onely those who are not satisfied one way or another say Non liquet which is a great ease to those who are consciencious and a common refuge to the cunning Politician the major Vote carries it No Dissents or Protests are allowed in publick Acts but 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 them and dissolves them A Convention of Estates is made up of the same Members that constitute a Parliament but can make no Laws onely that can lay Impositions on the Subjects they do not sit in state and have been most used before the Kings were Crowned The Lord Chancellour is President in both these Courts and the Votes are taken and numbered by the Clerk of Registers And whatever Acts are passed in Parliament or Convention are to be proclaimed soon after their Dissolution at the publick Mercat-Cross of Edinburgh by the Lion Herauld who is at present Sir Charles Erskin of Cambo with a great deal of state and Ceremony after which they are obligatory on the Subjects And so much for the Parlaiment and the Three Estates whose Authority is supreme and it is Enacted that none of the Lieges shall presume to impugn the Dignity and Authority of the Three Estates or to seek or procure the Innovation or Diminution of the Power and Authority of the same Three Estates or any of them in time coming under the pain of Treason 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 except in the Exchequer This Office is now in the person of the Right Honourable John Leslie Earl of Rothes 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 Privie Seal who is at present the Marquess 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 his Grace the Duke of Lauderdail The Fifth Officer is the Lord Clerk of Registers who has the charge of all the publick Records Rolls and Registers and names all the Clerks of Parliament and Session and the Keepers of publick Registers The Sixth Officer is the King's Advocate who is also called the Lord Advocate He is commonly a Judge except in Causes in which the King is concerned and in those he pleads in the