Selected quad for the lemma: majesty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
majesty_n	earl_n	lord_n	privy_a	8,325	5	10.7359	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50800	An appendix to the history of the Church of Scotland containing the succession of the archbishops and bishops in their several sees from the reformation of the religion until the year 1676, as also the several orders of monks and friers &c. in Scotland before the Reformation : with the foundation of the universities and colledges, their benefactours, principals, professours of divinity and present masters : and an account of the government, laws and constitution of the Kingdom.	Middleton, Thomas, 17th cent.	1677 (1677)	Wing M1990; ESTC R29541	55,302	57

King's Name The present Advocate is Sir John Nubet of Dirlton The Seventh Officer is the Lord Treasurer Deputy who is assistent to the Lord High Treasurer and is a Check upon him and presides in the Exchequer in his absence This Office is executed by Sir Charles Maitland of Hatton The Eighth Officer is the Lord Justice Clerk who assists the Lord Justice general in Criminal causes The present Justice Clerk is Sir Thomas Wallace of Craigie All these have the Title of Lord and the precedency of all under Noblemen and their eldest Sons The Privy Council is chiefly employed about publick Affairs and judges of Riots and any Disturbance given to the Peace of the Kingdom Anciently the Lords of the Session were the King's Council and so are still called the Lords of Council and Session but the Power of the Privy Council has been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with the Privy Council Lawyers do plead the causes of Riots before them and when Sentence is given every Privy Councellour gives his Vote and the major Vote carries it Lords of His Majestie 's Privy Council John Earl of Rothes Chancellour of the Kingdom Lord President of the Privy Council James Lord Archbishop of Saint Andrews his Grace John Duke of Lauderdail his Grace Alexander Lord Archbishop of Glasgow his Grace William Marquess of Douglas John Marquess of Athol Archbald Earl of Argile John Earl of Errol George Earl Marischal William Earl of Morton Alexander Earl of Murray Charles Earl of Mar. Earl of Linlithgow John Earl of Wigton Patrick Earl of Kinghorn Alexander Earl of Kelley David Earl of Weemis James Earl of Airley William Earl of Dundonald George Lord Ross Sir Charles Maitland of Hatton Sir James Dalrymple of Stair Sir John Nisbet of Dirleton Sir Thomas Wallace of Craigie Sir James Fowlis of Collington Sir William Sharp of Stainibill Sir William Scot of Ardross Sir George Kinnaird of Rossie Sir John Wachop of Nidrie Sir Gerge Monro of Culkairn Lieutenant General Thomas Dalyell The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was anciently an ambulatory Court but was settled as it now is by King James the Fifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Councill and Session and a President to whom are added the Lord Chancellour and four extraordinary Lords who are of the chief Nobility The extraordinary Lords have no Salary and are not obliged to attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February they sit from 9 a clock in the Morning till 12 all the days of the Week except Sunday and Monday There is an Outer House and an Inner In the Outer there is a Bench where one of the Senatours sits a Week and all of them except the President have their turns in it who hears all Causes originally and where the Case is clear he gives Sentence But if it be difficult or if either party desires it he reports it to the rest of the Senatours who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge on the Bench there is a Side-Bar to which one of the Judges comes out weekly by turns as in the former and receives and answers all Petitions and Bills The Inner House where all the rest of the Senatours sit is a Court of great State and Order The Senatours sit in a semicircle in Robes under them sit their Clerks who write the most material heads of all that is pleaded at the Bar where the Pleadings are long and very learned When the Senatours have after all the parties are removed reconsidered their Arguments they give their Sentence and the major Vote carries it Their final Sentence determines the business there lying no Appeal from them onely the Parliament as the Supreme Court may review and repeal their Sentence and they are called Decreets from the Latin Decreta Senatours of the Colledge of Justice Sir James Dalrymple of Stair President Sir John Nubet of Dirleton Sir Thomas Wallace of Craigie Sir Charles Maitland of Hatton Sir James Fowlis of Collington Sir Robert Nairn of Strathurd Sir David Nevoy of Nevoy Sir Peter Wederburn of Gosfurd Sir John Baird of Newbyth Sir John Lockart of Castlehill Sir Richard Maitland of Pitrichie Sir David Balfour of Forret Sir Thomas Murray Sir James Fowlis of Sir David Falconar of Newton The Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliaments or of the Customes and Practicks of the Colledge of Justice which are held of no less force then Acts of Parliament and where neither of these contradicts the Civil Law the Roman Law is of force This makes our Lawyers generally great Civilians for they goe either to Leiden Poictiers or Bourges and study the Civil Law in which some are learned to a high degree The Law of Scotland is easie and regular by reason of our Registers which are so full that Titles are much more easily cleared here then can be done where those Registers are not which may appear from the following Instances No man can have a Right to any Estate but by his being seised of it which is done by the delivery of Earth and Stone upon which an Instrument is formed called a Sasine and this must be registred within 60 days otherwise it is of no force by which means all secret Conveyances are cut off for if no Sasine be passed upon them or if these be not put in the publick Registers which every one may search the Conveyance is of no force All Bonds have a Clause in them for inserting them in the publick Registers and they being registred without any farther action by a charge of six days the Debitor must make payment otherwise Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under Outlawry and Rebellion and forfeits to the King his personal Estate and if he continues a year under it the Life-rent of his real Estate in which the Creditor is to be preferred for his interest the rest goes into the Exchequer By the Letters of Caption the party is seised on and put in prison nor is his House a place of security but may be searched for him By the Letters of Poynding the Debitor's Goods may be distrained where-ever they can be found A third Instance to which I shall adde no more is that any

AN APPENDIX TO THE HISTORY OF The Church of Scotland AN APPENDIX TO THE HISTORY OF The Church of Scotland CONTAINING The Succession of the ARCHBISHOPS and BISHOPS in their several Sees from the Reformation of Religion until the year 1676. AS ALSO The several Orders of MONKS and FRIERS c. in Scotland before the Reformation WITH The Foundation of the VNIVERSITIES and COLLEDGES their Benefactours Principals Professours of Divinity and present Masters AND An Account of the GOVERNMENT LAWS and CONSTITVTION of the Kingdom LONDON Printed by E. Flesher for R. Royston Bookseller to the KING 's most Sacred MAJESTY Anno Domini MDCLXXVII THE PREFACE I May be justly ashamed to appear in print near so great an Authour whose Work is received and entertained with such universal Applause that it comes to be reckoned among the Patterns of Historie But many do still complain of one Defect that his Historie being written chiefly for his own Countrie those things that relate to the Constitution and Government there are rather hinted and supposed to be understood then fully opened This has made many desire a clear Account of those things and the Humour of writing the present State of Kingdoms being now common to most Nations many have wished to see the present State of Scotland Therefore the quick Sale of this excellent Historie encouraging the Bookseller to give the World a Fourth Edition of it he was earnest with me to write such an Appendix to it as might adde somewhat to its value and sale He was importunate to find out one who would write a Continuation to it but I knew well that both my Abilities in writing and my Informations were too defective to adventure on such a Work And the Bookseller receiving a full satisfaction to his design in the Memoires of the Duke of Hamilton from which though it be not a full History of all that passed yet it is hoped the World will receive more light about the late Troubles then has been yet published there remained nothing to be done but to give the Succession of the Bishops from the time where the former History ends with the Account of Religious Orders and Houses the Foundations of the Universities and the Learned Men that flourished in them together with the true State of that Kingdom in its Government Laws and Supreme Courts Which I have endeavoured to doe as fully as seemed needfull I did not adventure on so hardy a Work without communicating it to Learned and knowing Persons by whose directions I have now finished these Sheets I have long searched into those things and have used all the endeavours that were possible to get any Mistakes that might have crept in with such a variety of Informations rectified so that I am very confident there are no considerable Errours in matters of fact in the Account that follows I once intended to have published a Collection I have made of the Noble Families in Scotland But hearing there was a Person of Quality ingaged in it who intends to write from very authentical grounds an Account of the Nobility and Gentry of Scotland I have stifled that part of my Collection If my Style or way of writing be not according to what the Reader expects as I need great Allowances for my Defects so I know upon what Disadvantages I appear after such a Grave and Masculine Writer So that as when one comes out of a very lightsom place where his Eyes were filled with Brightness into a darker Room it appears quite dark unto him I have no reason to wonder if after so clear a Light all my Informations look like Night and Darkness THOMAS MIDDLETON I May be justly ashamed to appear in print near so great an Authour whose Work is received and entertained with such universal Applause that it comes to be reckoned among the Patterns of History But many do still complain of one Defect that his History being written chiefly for his own Country those things that relate to the Constitution and Government there are rather hinted and supposed to be understood then fully opened This has made many desire a clear Account of those things and the Humour of writing the present State of Kingdoms being now common to most Nations many have wished to see the present State of Scotland Therefore the quick Sale of this excellent History encouraging the Bookseller to give the World a Fourth Edition of it he was earnest with me to write such an Appendix to it as might adde somewhat to its value and sale He was importunate to find out one who would write a Continuation to it but I knew well that both my Abilities in writing and my Informations were too defective to adventure on such a Work therefore all that I could undertake was onely to give the Succession of the Bishops from the time where the former History ends with the Account of Religious Orders and Houses the Foundations of the Universities and the Learned Men that flourished in them together with the true State of that Kingdom in its Government Laws and Supreme Courts Which I have endeavoured to doe as fully as seemed needfull I did not adventure on so hardy a Work without communicating it to Learned and knowing Persons by whose directions I have now finished these Sheets I have long searched into those things and have used all the endeavours that were possible to get any Mistakes that might have crept in with such a variety of Informations rectified so that I am very confident there are no considerable Errours in matters of fact in the Account that follows If my Style or way of writing be not according to what the Reader expects as I need great Allowances for my Defects so I know upon what disadvantages I appear after such a grave and Masculine Writer So that as when one comes out of a very lightsome place where his Eyes were filled with Brightness into a darker Room it appears quite dark unto him I have no reason to wonder if after so clear a Light all my Informations look like Night and Darkness THE CONTENTS A List of the KINGS NOBILITY ARCH-BISHOPS and BISHOPS of Scotland The First CHAPTER Containeth The Succession of the Archbishops and Bishops in their several Sees from the Reformation of Religion to the year 1676. The Second CHAPTER Containeth The several Orders of Monks and Friers and other Religious persons that were in SCOTLAND with a Catalogue of their Convents and Founders The Third CHAPTER Containeth The Erection of Vniversities the Foundation of Colledges with a Catalogue of the Benefactours Principals Professours of Divinity present Masters and Professours therein and Learned Writers The Fourth CHAPTER Containeth An Account of the Government Laws and Constitution of the Kingdom with a Catalogue of the Peers Shires Burroughs Lords of His Majestie 's Privy Council Senatours of the Colledge of Justice Officers of State c. Whereunto is added A Catalogue of the Lord Chancellours of the Kingdom Writers of the

Power of Calling Adjourning Prorogation is not in our Law and Dissolving of Parliaments the giving the Votes of Parliament the Authority of Laws the executing of the Law and the pardoning of Offences are clearly and onely in the Crown But to these other great Additions have been made in the two Parliaments held since His MAJESTIE' 's Restauration For whereas the Supremacy in Ecclesiastical affairs was always in the Crown since the Reformation yet in the Reign of King James the Sixth the Power of the General Assembly was raised very high by Law which was the chief foundation of the late Troubles it being pretended that it was contrary to Law for the King to introduce any thing into the Church without the consent of a General Assembly It was therefore enacted in Parliament That the External Government and Polity of the Church was wholly in the King's power and that his Orders sent to the Privy Council and published by them about all Ecclesiastical matters Meetings and Persons were to be obeyed by the Subjects any Law or Practice to the contrary notwithstanding So that in all matters that relate to the Chuch-Government the King's Power is absolute The Second Point is about the Militia By the ancient Laws of Scotland all the King's Subjects were to assist him in his Wars Upon which a great enlargement of the King's Prerogative was grafted of late by two Acts of Parliament the Kingdom of Scotland offering to the King to raise and arm Twenty thoussand Foot and Two thousand Horse and to furnish them with forty days Provision to march into any of His Majestie 's Dominions of Scotland England or Ireland for suppressing any Foreign Invasion Intestine Trouble or Insurrection or for any other Service wherein His Majestie 's Honour Authority or Greatness may be concerned And these Forces by another Act are to give due Obedience to all such Directions as they shall receive from His Majestie 's Privie Council A Third Point is the Ordering and disposing of Trade with Forein Nations and the laying of Restraints and Impositions upon Forein imported Commodities which is declared a Prerogative of the Crown With these Sacred Rights is the Crown of Scotland cloathed The King's Revenue consisted anciently most in the Crown-Lands which could not be alienated but by Act of Parliament and in the Wards and Marriages of the Vassals of the Crown But most of these have been of late years given away and most of the Tenures of Lands are changed although there has been no general Law for taking away the Wards The Revenue is now raised out of the Customes and the Excise The last is given to this King for life but the former is in the Crown for ever The rest is raised out of what remains of the Crown-Lands and the Wards The Persons nearest in bloud to the King are first all the Issue of King James and King Charles which are so well known to every one that they need not be repeated Next to them are all that are descended from the Daughter of King James the Second since whom till the Queen of Bohemia no Collateral Branch sprung from the Royal Family of whom any Issue remains who was married to James Lord Hamilton and had issue first James created Earl of Arran whose Son was the Duke of Chastelberault from whom by two Sons and two Daughters are descended the Families of Hamilton and Abercorn and the Families of Huntly and Launderdail And by an Act of Parliament signed by all the Three Estates the Original whereof is yet extant in the Reign of Queen Mary the Duke of Chastelberault's Family is declared next the Queen and her Issue the rightfull Heir of the Crown The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter married to the Earl of Lennox from whom descended the Family of Lennox There is no other Branch of the Royal Family since it was in the Line of the Stewarts except the Earl of Cassils his Family whose Ancestour the Lord Kennedy married King James the First 's Sister from which Mariage that Family is descended And so much of the Royal Family The Chief and Supreme Court is the High Court of Parliament which is made up of Three Estates The First is the Ecclesiastical that of old consisted of the Bishops and Mitered Abbots but since the Reformation consists onely of Archbishops and Bishops The Second Estate is the Nobility who were anciently divided into the Greater Barons and the Lesser for every man that holds Lands of the Crown with a Privilege of holding a Court much like the Lord of a Manour in England is called a Baron and all were obliged to appear personally in Parliament for Proxies were never allowed by the Law of Scotland and give the King Counsel This proved a very heavy burthen to the small Barons upon which they desired to be excused from their attendance in Parliament and this was granted to them as a favour in King James the First 's reign And though by that Act they might have sent two or three or more to represent them from every Shire yet they made no use of that for above 150 years but King James the Sixth to balance the Nobility got them restored to that Right so that ever since there are two sent from every Shire who are Commissioners for the Shires The Third Estate is the Burroughs every one of which chuseth one Commissioner onely the City of Edinburgh as the Metropolis chuseth two The Parliament is summoned by Proclamation made at the Head-Burrough of every Shire 40 days before they meet upon which the Shires and Burroughs meet about their Elections Every man that holds Lands of the Crown that in the Rolls of the Taxation the ancient Name of Subsidies or Assessments are valued at 40 shillings Scotish mony of Taxation to the King which will be in real value about Ten pounds Sterling a year is an Electour and may be Elected so he be rightly vested in the Land or according to the Scotish terms infeoft and seised and be not at the King's Horn that is under an Outlawry The Electours subscribe the Commissions they give and so their Commissioner is returned and if there be cross Elections the Parliament is the onely Judge In the Burroughs the Common-Council of the Town makes the Election When the day comes in which the Parliament is to be held the Regalia the Crown Sceptre and the Sword of State which are kept in the Castle of Edinburgh are brought down in State to the King's Palace and are to be carried by three of the ancientest Earls that are upon the place bare-headed before the King or His Commissioner In the great Court before the King's Palace all the Members of Parliament do mount on Horseback with Foot-cloaths c. The Burgesses ride first the Commissioners of the Shires next then the Lords Viscounts and Earls in their Robes the last of whom do carry the