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
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
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
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
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-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
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