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
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
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-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