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A51571 ScotiƦ indiculum, or, The present state of Scotland together with divers reflections upon the antient state thereof / by A.M. philopatris. A. M. (Alexander Mudie) 1682 (1682) Wing M3038; ESTC R16016 67,555 300

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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 o● the Session were the King's Council and so are stiled Lords of Counci● 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 Ha●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 ●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
material as will appear by his further perusal Kind Reader use me discreetly in your censures being it is the first undertaking and if kindly received may be an encouragement for me to serve you hereafter upon some other as necessary occasion Consider it may happen that your own Works may be published which likewise you would desire to be received with kind entertainment Quod ●ihi fieri non vis alteri ne feceris expecting your good construction of this will be the greatest encouragement I can have hereafter to be serviceable to you Farewel A. M. THE CONTENTS Chap. 1. Page 1. OF Scotland in general Of its Name Climate Dimensions Division Air Soil Commodities Moneys Measures Weights Buildings c. Chap. 2. Page 16. Of the Laws of Scotland Of Registers of Letters of Horning and Caption c. A List of all the Kings of Scotland to His present Majesty Of the Descent of the Crown What a Convention of Estates is The Prerogatives of the Crown Chap. 3. Page 37. Of Succession of the next Heirs to the Crown of Scotland Chap. 4. Pag. 55. Of the present Princes and Princesses of the Blood Chap. 5. Page 72. Of the Chief Officers of State Of the Parliament The Manner of their Election Of the Riding of Parliament The Chusing the Lords of the Articles A List of all the present Nobility of Scotland Of the Privy Counsel with a List of the present Members thereof Of the Colledge of Justice Of the Justice Court of the Exchequer Chap. 6. Page 116. Of Inferiour Courts Of Sheriffdoms A List of the Shires of Scotland with the Names of the present Sheriffs Of Courts of Regalities Of a Barons Court Chap. 7. Page 127. Of the Burroughs of Scotland Of Burroughs Royal Burroughs of Regalities and Burroughs of Baronies Chap. 8. Page 135. Of the Court of Admiralty Of the Government of the Militia Chap. 9. Page 141. Of the Church Government Chap. 10. Page 182. Of Bishops Jurisdiction Of their Commissaries Of the Court of Session Of Presbyteries A List of all the Presbyteries of Scotland Of a Synod Of the General Assemblies Ch. 11 12 13 14. P. 196 c. Of the Vniversities of Scotland A List of all the Commissioners that have been in Scotland since King James the 6th 252 A Catalogue of the Chancellors of Scotland since the year 1198. 257 Writers of the Scottish History 260 Books Printed for Jonathan Wilkins Bookseller at the Star in Cheapside next Mercers-Chapel A Philosophick Discourse concerning Man being the Anatomy both of his Soul and Body wherein the Nature Origin Union Immateriality Immortality Extension and Faculties of the one and the Parts Humors Temperaments Complexions Functions Sexes and Ages respecting the other are concisely delivered by S. H. Student in Physick In 12. New and Curious Observations on the Art of Curing the Venereal Disease and the Accidents that it produces in all its Degrees Explicated by Natural and Mechanick Principles with the Motions Actions Effects of Mercury and its other Remedies wherein are discovered on the same Subject the Errours of some Authors and the most notorious Cheats of Ignorant Pretenders Written in French by Monsieur de Blegny Chyrurgion in Ordinary to the French Queen and Englished by Walter Harris Dr. of Physick lately Fellow of New Colledge in Oxford In 80. Miracles of Art and Nature Or a Brief Description of the several Varieties of Birds Beasts Fishes Plants and Fruits of other Countries With several other remarkable things in the World By R. B Gent. In 80. The Cities Exaltation by Uprightness A Sermon preached at Guild-Hall Chapel on Sunday June 6 1680. before the Right Honourable Sir Robert Clayton Lord Mayor of the City of London and the Court of Aldermen By John Rowley Rector of Hemmingford-Abbots in the County of Huntington Modesty Triumphing over Impudence Or some Notes upon a late Romance published by Elizabeth Cellier Midwife and Lady Errant Together with the Depositions of Richard Adams of Lincolns-Inn Esq against her before His Majesty and the Right Honourable the Lords of His Majesties Privy Council OF SCOTLAND In General CHAP. I. Of its Name Climate Dimension Division Air Soil Commodities Moneys Weights Measures and Buildings SCotland maketh the Northern Part of Great Brittain it hath on the East the German Ocean on the North the Deucalidon Sea the West is affronted with Ireland and is divid●d from England by the Rivers Tweed and Solway and the Cheviot hills Name The name of Scots from which the Kingdom is called Scotland Originally is derived from Scota Daughter to Pharoah King of Aegypt The Ancient Histories of the Kingdom by unanimous consent give this account of the Inhabitants of this Island retaining that name unto this day Scota being given in Marriage to Gathelus Son of Cecrops King of Athens in consideration of the eminent service and assistance he perform'd in a War that Pharoah had against the Ethiopians to whose Valour and the Grecians that accompanied him the King imputed the Victory Gathelus deserving so we●● the Kings Daughter was given to him in Marriage while Pharoah l●●●d Ga●helus was in esteem with the ●●ople having encreased his reputa●●●● as well ●● h●s Lands shortly after Pharoah dying his Son of the same name who so cruelly tormented the Israelites with Taxes and Bondage having no regard to Gathelus or his Services began to use him inferiour to what might be expected Notwithstanding of this hard measure Gathelus willingly would have afforded this Pharoah his Service upon all occurrences but being warned of the Plagues that should happen to the Egyptians he made preparations to remove into some other Country which he intended to have been Numidia but being hinder'd to land there he set Sail passing thorow the Streights taking some valiant Grecians along with him he at last landed in a part of Spain then called Lusitania but by reason of his Arriva● Port-gathell now Portangell This is said to be in the Year of the world 2453. After he had conquered this People he came to 〈◊〉 North of Spain where by reason of ●is abode there was a Colony of 〈◊〉 whom he named Scots from 〈…〉 Scota having two Sons Hiber and Himicus whom he sent to an Island which he heard was opposite to Spain on the North which afterwards had its name from Hiber being called Hibernia now Ireland the People of the Isle being easily conquer'd a great many Scots from Gallicia in Spain being the name of the Colony where Gathelus first setled were sent hither keeping their name still After sundry engagements with the Inhabitants the Scots in Ireland became the stronger and greater Party of these descended many Valian● and Noble Men who came with Fergusius the first King of Scotland to fight against the Picts who cruelly and barbarously at that time insulted over some Scots who landed in Albion being formerly of the Scots in Ireland Fergusius the first King of Scots in Albion now Scotland Son to Ferqu hard King of Ireland was Crown'd
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
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 the●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 Commiss●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 l●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 Chance●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 Twedd●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 ●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 an● 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