Power of Calling Adjourning Prorogation is not in our Law and Dissolving of Parliaments the giving the Votes of Parliament the Authority of Laws the executing of the Law and the pardoning of Offences are clearly and onely in the Crown But to these other great Additions have been made in the two Parliaments held since His MAJESTIE' 's Restauration For whereas the Supremacy in Ecclesiastical affairs was always in the Crown since the Reformation yet in the Reign of King James the Sixth the Power of the General Assembly was raised very high by Law which was the chief foundation of the late Troubles it being pretended that it was contrary to Law for the King to introduce any thing into the Church without the consent of a General Assembly It was therefore enacted in Parliament That the External Government and Polity of the Church was wholly in the King's power and that his Orders sent to the Privy Council and published by them about all Ecclesiastical matters Meetings and Persons were to be obeyed by the Subjects any Law or Practice to the contrary notwithstanding So that in all matters that relate to the Chuch-Government the King's Power is absolute The Second Point is about the Militia By the ancient Laws of Scotland all the King's Subjects were to assist him in his Wars Upon which a great enlargement of the King's Prerogative was grafted of late by two Acts of Parliament the Kingdom of Scotland offering to the King to raise and arm Twenty thoussand Foot and Two thousand Horse and to furnish them with forty days Provision to march into any of His Majestie 's Dominions of Scotland England or Ireland for suppressing any Foreign Invasion Intestine Trouble or Insurrection or for any other Service wherein His Majestie 's Honour Authority or Greatness may be concerned And these Forces by another Act are to give due Obedience to all such Directions as they shall receive from His Majestie 's Privie Council A Third Point is the Ordering and disposing of Trade with Forein Nations and the laying of Restraints and Impositions upon Forein imported Commodities which is declared a Prerogative of the Crown With these Sacred Rights is the Crown of Scotland cloathed The King's Revenue consisted anciently most in the Crown-Lands which could not be alienated but by Act of Parliament and in the Wards and Marriages of the Vassals of the Crown But most of these have been of late years given away and most of the Tenures of Lands are changed although there has been no general Law for taking away the Wards The Revenue is now raised out of the Customes and the Excise The last is given to this King for life but the former is in the Crown for ever The rest is raised out of what remains of the Crown-Lands and the Wards The Persons nearest in bloud to the King are first all the Issue of King James and King Charles which are so well known to every one that they need not be repeated Next to them are all that are descended from the Daughter of King James the Second since whom till the Queen of Bohemia no Collateral Branch sprung from the Royal Family of whom any Issue remains who was married to James Lord Hamilton and had issue first James created Earl of Arran whose Son was the Duke of Chastelberault from whom by two Sons and two Daughters are descended the Families of Hamilton and Abercorn and the Families of Huntly and Launderdail And by an Act of Parliament signed by all the Three Estates the Original whereof is yet extant in the Reign of Queen Mary the Duke of Chastelberault's Family is declared next the Queen and her Issue the rightfull Heir of the Crown The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter married to the Earl of Lennox from whom descended the Family of Lennox There is no other Branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestour the Lord Kennedy married King James the First 's Sister from which Mariage that Family is descended And so much of the Royal Family The Chief and Supreme Court is the High Court of Parliament which is made up of Three Estates The First is the Ecclesiastical that of old consisted of the Bishops and Mitered Abbots but since the Reformation consists onely of Archbishops and Bishops The Second Estate is the Nobility who were anciently divided into the Greater Barons and the Lesser for every man that holds Lands of the Crown with a Privilege of holding a Court much like the Lord of a Manour in England is called a Baron and all were obliged to appear personally in Parliament for Proxies were never allowed by the Law of Scotland and give the King Counsel This proved a very heavy burthen to the small Barons upon which they desired to be excused from their attendance in Parliament and this was granted to them as a favour in King James the First 's reign And though by that Act they might have sent two or three or more to represent them from every Shire yet they made no use of that for above 150 years but King James the Sixth to balance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners for the Shires The Third Estate is the Burroughs every one of which chuseth one Commissioner onely the City of Edinburgh as the Metropolis chuseth two The Parliament is summoned by Proclamation made at the Head-Burrough of every Shire 40 days before they meet upon which the Shires and Burroughs meet about their Elections Every man that holds Lands of the Crown that in the Rolls of the Taxation the ancient Name of Subsidies or Assessments are valued at 40 shillings Scotish mony of Taxation to the King which will be in real value about Ten pounds Sterling a year is an Electour and may be Elected so he be rightly vested in the Land or according to the Scotish terms infeoft and seised and be not at the King's Horn that is under an Outlawry The Electours subscribe the Commissions they give and so their Commissioner is returned and if there be cross Elections the Parliament is the onely Judge In the Burroughs the Common-Council of the Town makes the Election When the day comes in which the Parliament is to be held the Regalia the Crown Sceptre and the Sword of State which are kept in the Castle of Edinburgh are brought down in State to the King's Palace and are to be carried by three of the ancientest Earls that are upon the place bare-headed before the King or His Commissioner In the great Court before the King's Palace all the Members of Parliament do mount on Horseback with Foot-cloaths c. The Burgesses ride first the Commissioners of the Shires next then the Lords Viscounts and Earls in their Robes the last of whom do carry the
King's Name The present Advocate is Sir John Nubet of Dirlton The Seventh Officer is the Lord Treasurer Deputy who is assistent to the Lord High Treasurer and is a Check upon him and presides in the Exchequer in his absence This Office is executed by Sir Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice general in Criminal causes The present Justice Clerk is Sir Thomas Wallace of Craigie All these have the Title of Lord and the precedency of all under Noblemen and their eldest Sons The Privy Council is chiefly employed about publick Affairs and judges of Riots and any Disturbance given to the Peace of the Kingdom Anciently the Lords of the Session were the King's Council and so are still called the Lords of Council and Session but the Power of the Privy Council has been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with the Privy Council Lawyers do plead the causes of Riots before them and when Sentence is given every Privy Councellour gives his Vote and the major Vote carries it Lords of His Majestie 's Privy Council John Earl of Rothes Chancellour of the Kingdom Lord President of the Privy Council James Lord Archbishop of Saint Andrews his Grace John Duke of Lauderdail his Grace Alexander Lord Archbishop of Glasgow his Grace William Marquess of Douglas John Marquess of Athol Archbald Earl of Argile John Earl of Errol George Earl Marischal William Earl of Morton Alexander Earl of Murray Charles Earl of Mar. Earl of Linlithgow John Earl of Wigton Patrick Earl of Kinghorn Alexander Earl of Kelley David Earl of Weemis James Earl of Airley William Earl of Dundonald George Lord Ross Sir Charles Maitland of Hatton Sir James Dalrymple of Stair Sir John Nisbet of Dirleton Sir Thomas Wallace of Craigie Sir James Fowlis of Collington Sir William Sharp of Stainibill Sir William Scot of Ardross Sir George Kinnaird of Rossie Sir John Wachop of Nidrie Sir Gerge Monro of Culkairn Lieutenant General Thomas Dalyell The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was anciently an ambulatory Court but was settled as it now is by King James the Fifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Councill and Session and a President to whom are added the Lord Chancellour and four extraordinary Lords who are of the chief Nobility The extraordinary Lords have no Salary and are not obliged to attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February they sit from 9 a clock in the Morning till 12 all the days of the Week except Sunday and Monday There is an Outer House and an Inner In the Outer there is a Bench where one of the Senatours sits a Week and all of them except the President have their turns in it who hears all Causes originally and where the Case is clear he gives Sentence But if it be difficult or if either party desires it he reports it to the rest of the Senatours who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge on the Bench there is a Side-Bar to which one of the Judges comes out weekly by turns as in the former and receives and answers all Petitions and Bills The Inner House where all the rest of the Senatours sit is a Court of great State and Order The Senatours sit in a semicircle in Robes under them sit their Clerks who write the most material heads of all that is pleaded at the Bar where the Pleadings are long and very learned When the Senatours have after all the parties are removed reconsidered their Arguments they give their Sentence and the major Vote carries it Their final Sentence determines the business there lying no Appeal from them onely the Parliament as the Supreme Court may review and repeal their Sentence and they are called Decreets from the Latin Decreta Senatours of the Colledge of Justice Sir James Dalrymple of Stair President Sir John Nubet of Dirleton Sir Thomas Wallace of Craigie Sir Charles Maitland of Hatton Sir James Fowlis of Collington Sir Robert Nairn of Strathurd Sir David Nevoy of Nevoy Sir Peter Wederburn of Gosfurd Sir John Baird of Newbyth Sir John Lockart of Castlehill Sir Richard Maitland of Pitrichie Sir David Balfour of Forret Sir Thomas Murray Sir James Fowlis of Sir David Falconar of Newton The Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliaments or of the Customes and Practicks of the Colledge of Justice which are held of no less force then Acts of Parliament and where neither of these contradicts the Civil Law the Roman Law is of force This makes our Lawyers generally great Civilians for they goe either to Leiden Poictiers or Bourges and study the Civil Law in which some are learned to a high degree The Law of Scotland is easie and regular by reason of our Registers which are so full that Titles are much more easily cleared here then can be done where those Registers are not which may appear from the following Instances No man can have a Right to any Estate but by his being seised of it which is done by the delivery of Earth and Stone upon which an Instrument is formed called a Sasine and this must be registred within 60 days otherwise it is of no force by which means all secret Conveyances are cut off for if no Sasine be passed upon them or if these be not put in the publick Registers which every one may search the Conveyance is of no force All Bonds have a Clause in them for inserting them in the publick Registers and they being registred without any farther action by a charge of six days the Debitor must make payment otherwise Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under Outlawry and Rebellion and forfeits to the King his personal Estate and if he continues a year under it the Life-rent of his real Estate in which the Creditor is to be preferred for his interest the rest goes into the Exchequer By the Letters of Caption the party is seised on and put in prison nor is his House a place of security but may be searched for him By the Letters of Poynding the Debitor's Goods may be distrained where-ever they can be found A third Instance to which I shall adde no more is that any
Pethumus 778. 5. Ethelbert 6. Radulpbus 7. John 1440. 8. Thomas Spence 9. David 10. Alexander 11. Henry 12. George 1550. 13. Andrew Dury 1557. 14. Alexander Gordon 15. Gawan Hamilton 1615. 16. William Cowper 1619. 17. Andrew Lamb 18. Thomas Sydserfe 1662. 19. James Hamilton 1974. 20. John Paterson Bishops of ARGILE 1200. 1. Evaldus 2. William 1240. 3. William 1350. 4. David 1425. 5. Finlaw 6. George Learmouth 7. Robert Montgomery 8. Boyd 9. Campbell 10. Kerswell 1636. 11. James Fairlis 1662. 12. David Fletcher 1666. 13. William Scrowgie 1675. 14. Arthur Ross Bishops of the ISLES 277. 1. Amphibalus 518. 2. Macilla 3. Michael 1203. 4. Nicolas 1217. 5. Reginald 1257. 6. Richard 1289. 7. Onacus 8. Mauricius 9. Marcus Lord Chancellour 1606. 10. Andrew Knox 11. John Knox 1630. 12. John Leslie 13. Neil Campbell 1662. 14. Robert Wallace Vacat Sedes Those Bishops who have been the Sons of Kings c. or Noblemen are marked with an Asterisk * ADDENDA Pag. 4. after the Bishops of Edinburgh adde The Arms of the See of Edinburgh are Azure a Saltier Argent in Chief a Miter of the Second garnished Or. Pag. 8. after the Bishops of Ross adde The Arms of the Bishoprick of Ross are Argent a Bishop standing on the Sinister habited in a long Robe close girt Purpure Mitred and holding in his left hand a Crosier Or and pointing with the right to S. Boniface on the Dexter side clothed and both his Hands placed on his Breast Proper Pag. 10. after the Bishops of Galloway adde The Coat Armorial belonging to the See of Galloway is Argent S. Ninian standing full-faced Proper cloathed with a Pontifical Robe Purpure on his head a Miter and in his Dexter hand a Crosier Or. Ibid. in the Bishops of Argile adde Then was Boyd promoted to this See An. 162 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 Diocese and was a great Example of Piety and Vertue 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 Apostolical person Ibid. after the Bishops of Argile adde The Arms of the See of Argile are Azure two Crosiers disposed in Saltier and in Chief a Miter Or. THE END A Catalogue of some Books Reprinted and of other New Books printed since the Fire and sold by R. Royston viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 THe WORKS of KING CHARLES I. Defender of the Faith With the History of His Life as also of His Trial and Martyrdom Books written by H. Hammond D.D. A Paraphrase and Annotations upon all the Books of the New Testament in Folio Fourt Edition The Works of the said Reverend and Learned Authour containing a Collection of Discourses chiefly Practical with many Additions and Corrections from the Authour 's own hand together with the Life of the Authour enlarged by the Reverend Doctour Fell Dean of Christ-Church in Oxford In large Folio Books written by Jer. Taylor D.D. and late Lord Bishop of Down and Connor Ductor Dubitantium or The Rule of Conscience in Five Books in Fol. The Great Exemplar or The Life and Death of the Holy Jesus in Fol. with Figures sutable to every Story ingrav'd in Copper Whereunto is added The Lives and Martyrdoms of the Apostles by Will. Cave D.D. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or A Collection of Polemical Discourses addressed against the Enemies of the Church of England both Papists and Fanaticks in large Folio Third Edition The Rules and Exercises of Holy Living and Holy Dying The Eleventh Edition newly printed in Octavo Books written by the Reverend Dr. Patrick The Christian Sacrifice A Treatise shewing the Necessity End and Manner of receiving the Holy Communion together with sutable Prayers and Meditations for every Month in the Year and the Principal Festivals in Memory of our Blessed Saviour In Four Parts The Third Edition corrected The Devout Christian instructed how to Pray and give Thanks to God or A Book of Devotions for Families and particular Persons in most of the concerns of Humane life The Second Edition in Twelves An Advice to a Friend the Third Edition in Twelves A Friendly Debate between a Conformist and a Nonconformist in Octavo Two Parts Jesus and the Resurrection justified by Witnesses in Heaven and in Earth in Two Parts in Octavo New The Works of the Learned Mr. Joseph Mede in Folio The Fourth Edition Memoyres of the late Duke Hamilton or A Continuation of the History of the Church of Scotland beginning in the year 1625. where Bishop Spotswood ends and continued to the year 1653. Fol. New The Lives of the Apostles in Folio alone by William Cave D.D. Chirurgical Treatises by R. Wiseman Serjeant-Chirurgeon to His Majesty Fol. New XXXI Sermons by Charles Gibbes D.D. Prebendary of Saint Peter's Westminster in Quarto New The End of the Catalogue An. Christi 1546. 1556. 1558. 1571. 1637. 1660 1662 3. Sess 1. Par. Car. 2. 15. Par. Jac. 5. c. 25. Title 8. by Sir John Skeen 1. Parl. Jac. 6. c. 8. Anno 1567. Act 1.2 Par. held by the Duke of Lauderdail a The Laws of Alex. 2.1 Par. Jac. 1. cap 4. 13. Par. Jac. 2. cap. 57. b 1. Parl. Car. 2. third Session Act 25. 2. Par. Car. 2. Act 2. c 1. Parl. Car. 2. third Session Act 26. Parl. 7. c. 101. Parl. 11. Jac. 6. c. 113. Par. 8. Jac. 6 cap. 130
or Obedience Thus continued they during the heat of Persecution and when Peace was restored they returned to their former Dwellings resuming their Callings which they had not left off but for a time laid aside Afterwards there sprung up another sort of Monks leading a solitary life when no Persecution forced them thereunto These considering the inconstancy of humane affairs that though they had Prosperity for the present it might be soon changed into a contrary condition if either the restless endeavours of Satan took effect or sinfull Christians were rewarded according to their deserts and prompted also thereunto by their own Melancholick dispositions chose a lone life and lived in Desarts Afterwards they were gathered together to live under one Roof because their Company would be chearfull in Health and needfull in Sickness one to another They sustained themselves by their Labour for every one had a Calling whereby to gain his Livelihood and relieved others by their Charity and very strict were they in their Lives and Conversations But afterwards Monks having sufficiency turned lazie then getting waxed wanton and at last endowed with superfluity became notoriously vicious and so they continued till they were finally extirpated Thus much concerning their Original proceed we next to their several Orders The first are the Benedictines or Black Monks so called from Saint Benedict or Bennet an Italian who flourished about the year 500 first Father and Founder of that Order The Benedictines and Augustinians came into Scotland about one time Their Convents 1. The Abbey of Icolmkill in the Isle Jona founded by Saint Columba about the year 590. 2. The Abbey of Dumfermling in Fife founded by Saint David the First King of Scotland about the year 1130. The Church whereof was built by King Malcolm the Third and was for several hundreds of years the Sepulchre of the Scotish Kings This Abbey was at the Reformation annexed to the Crown 3. The Abbey of Saint Colme in Inch-Colme in the River Forth founded by King Alexander the First about the year 1120. 4. The Abbey of Aberbrothock or Arbroath in Angus founded by King William 1178. This was the richest of our Scotish Abbeys At the Reformation it was conferred upon James Duke of Chattelrault and Earl of Arran who gave it to his second Son Lord John Hamilton At this day it is in the possession of the Earl of Panmure and the stately ruines thereof are yet to be seen 5. The Priory of Vrqhuart in Murray founded by King Alexander the Third 126 A Cell belonging to Dumfermling 6. The Priory of Coldinghame in the Mers founded by Edgar King of Scots 1106. A Cell belonging to Durham in England 7. The Monastery of South-Berwick founded by King David the First 8. The Monastery of Three wells or Trefontana in Lamermoor on the Borders of Lothian founded by the Countess of March A Cell belonging to South-Berwick 9. The Monastery of Kilconqhuar in Galloway founded by Ethred or rather Fergus Lord of Galloway The Cluniacks are Benedictines sifted through a finer fearce with some additionals invented and imposed upon them by Odo Abbot of Clugny or Cluni in Burgundy who flourished Anno 913. Their Convents 1. The Abbey of Pasley in Ranfrew-shire founded by Alexander the great Steward of Scotland 12 The Monks whereof wrote a History of the Nation At the Reformation it was bestowed upon Claud Hamilton third Son to the Duke of Chattelrault 2. The Abbey of Rewls-Cross or Corsraguel in Carrict founded by Thomas Earl of Carrict 126 The Cistercians are so called from Robert Abbot of Cisteaux in Burgundy who Anno 1088. did the second time refine the drossie Benedictines Their Convents 1. The Abbey of Sanudell in Kintyre founded by Saint Coule Milicora What this Founder was I know not 2. The Abbey of Souls-Seat Sedes Animarum in Galloway was founded by Fergus Lord of Galloway 3. The Abbey of Dundrennan in Galloway was founded by Fergus Lord of Galloway 4. The Abbey of Melross in Teviotdail founded by King David the First 5. The Abbey of Newbottle in Lothian founded by King David the First 6. The Abbey of Culross in Clackmannan-shire founded by Malcolm Mackduff Earl of Fife 7. The Abbey of Glenluce in Galloway founded by Rolland Lord of Galloway 8. The Abbey of Sweet-heart Dulcis Cordis or New Abbey in Galloway founded by Dornogilla Daughter of Alan Lord of Galloway and Wife to John Balliol 9. The Abbey of Balmerino in Fife founded by Emergards Wife to King William 10. The Abbey of Deir in Buchan founded by William Cummin Earl of Buchan 1218. 11. The Abbey of Cowper in Angus founded by King David the First 12. The Abbey of Kelso in Teviotdail founded by King David the First 13. The Priory of Machlein in Kile A Cell belonging to the Abbey of Melross 14. The Monastery of Elcho in Strath-Jern founded by David Lindsay Ancestour to the Earls of Crawfurd The Monks of the Order of the Valley of Reeds Vallis Caulium are a Branch of the Reformed Cistercians whose Institutions both in Habit Diet Divine Offices c. they punctually observe but with greater strictness confining themselves to much narrower Bills They possess very mean Revenues being wholly intent upon their Devotions and may not goe without the bounds of the Monastery it being onely lawfull for the Prior and one of the Order to goe abroad upon necessary occasions and to visit the Monasteries under their charge They are daily imployed in dressing the Gardens of Fruits and Herbs which are within the bounds of the Monastery and improved for the use of it This Order had four Convents in Scotland 1. The Priory of Ardehattan in Lorn founded by Duncan Mackowle of Lorn 2. The Priory of Lismehago in Clidisdail founded by Fergus Lord of Galloway 3. The Priory of Bewley in Ross founded by John Lord Bisset 4. The Priory of Pluscardy in Murray founded by King Alexander the Second the Monks whereof did write a Scotish Chronicle It was afterwards turned into a Convent of Black Monks The Augustinians are older in Europe then the Benedictines These do observe the Institutions of Saint Augustine Bishop of Hippo who was Saint Bennet's Senior by sixty years The Augustinians are also called Regular Canons Their Convents in Scotland were 1. The Abbey of Jedburgh in Teviotdail founded by King David the First 2. The Abbey of Holy-rood-house in Lothian adjoyning to the Canon-gate in Edinburgh founded by King David the First This Abbey is now one of the King's Palaces 3. The Abbey of Cambuskeneth in Striveling-shire founded by King David the First 4. The Abbey of Inchassray in Strath-Jern founded by Gilbert Earl of Strath-Jern 5. The Abbey of Scoon in Gowry founded by Alexander the First King of Scotland 6. The Priory of Crusa in the West Isles founded by Saint Columba 7. The Priory of Omistai in the West Isles founded by Saint Columba 8. The Priory of Holy-Cross at Peeblis in Tweedail founded by Fergus Lord of Galloway 9.