hath not first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is the nursing Father of the Church the King hath Power to call a National Synod and by his Commissioners to make constitutions relating to the Government and polity of the Church This National Synod was stiled the General Assembly which according to its Constitution and Authority setled in King James the sixths minority was made up of two Ministers Commissioners from every Presbytery and one lay Elder a Commissioner from every Royal Burrough one from every University one fâ—om the King These had the Supream Authority about aâ—l Church-matters How much trouble this Assembly General bred King James the sixth and the pretentions the Church made afterward the sad desolations of the Church of Scotland in these times do sufficiently bear witness A shadow of this still remains for the Supream Ecclesiastical Court is declared to be a National Synod made of Bishops and Deans and two Ministers from every Presbytery one of whom is of the Bishops nomination and a Commissioner from every University yet nothing is to be proposed but by the King or his Commissioner nor can any thing that they do be of force till it be ratified by the King but of this Synod their is no need being the King's Supremacy is so large it is evident that the King is over all Persons as well in Ecclesiasticks as Civil Supream From the King of Scotland there is no appeal in Ecclesiastical Affairs to the Bishop of Rome as it is in other principal Kingdoms of Europe There is no appeal in civil Affairs as in other Dominions of Christendom nor in either Ecclesiastical or Civâ—l to the Peopâ—e who in themselves oâ— by their Representatives in Parliament were ever subordinate to the King The King being the only Soveraign and Supream Head is furnish'd with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions He may be properly call'd as all great Princes Gods Vice gerent being so much Majesty and Power is represented by him whereby the People have so much the higher esteem and more reverend awfulness of him for if that fails nothing can be expected but confusion impiety and calamity The Ancient Christians out of an high respect to their Christian Kings and Emperors used to attribute the Titles of God though imperfectly and analogically in them yet essentially and perfectly only in God and the good Christians of these times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharoah some writers of that Age seem to justifie it as being done only to beget a respect in these times in the hearts of the People for their Kings The King is not subject to Death because he is a Corporation in himself that liveth for ever All Inter-Regna being unknown in Scotland the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done The King is every where in all His Courts of Justice in all His Palaces therefore it is that all His Subjects stand bare in the Presence-Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence By his Prerogative of pardoning whom the Law hath condemned the King is in a manner invested with Omnipotency by raising men from Death to Life Can create to the highest Dignity and annihilate the same at pleasure All punishments proceed from him in his Courts of Justice and it is not lawful for any Subject to revenge himself In consideration of these and other transcendent Excellencies no King in Christendom nor other Potentate receives from Hâ—s Subjects more Reverence Honour and Respect than the King of Scotland All His people at their first Addresses kneel to him all persons not the Prince nor the Heir apparent excepted stand bare in the presence of the King and in the Presence-Chamber though in the King's absence The King 's only Testimony of any thing done in his presence is of as high a nature and credit as any Record and in all Writs sent forth for dispatch he useth no other Witness but himself viz. Teste meipso CHAP. III. Of Succession and the next Heirs to the Crown of Scotland THE King of Scotland hath Right to the Crown by Inheritance and the Laws and Customs of the Kiâ—gdom upon the Death of the King the next of kindred though born out of the Dominions of Scotland or born of Parents not Subjects of Scotland is immediately King before any Proclamation Coronation publication or consent of Peers or people The Crown descends from Father to Son and his Heirs for want of Sons to the Eldest Daughter and her Heirs for want of Daughters to the Brother and his Heirs and for want of a Brother to the Sister and her Heirs The Salique Law or Custom of France hath here no more force than it had anciently among the Jews or in Spain and other Hereditary Kingdoms The Salique Law is of force only among the French Turks and Barbarians and hath been so of a long time At the Death of the King die not only the Offices of the Court but all Commissions granted to Judges In the King's Infancy a fit person of the Nobility is made choice of in Parliament who by nature or alliance hath most interest in the preservation of the Life and Authority of the Infant In Scotland the King being absent by His Majesties Commission the Lord High Commissioner to whom the King commits the grand and weighty Affairs of the Kingdom doth by Instructions from His Majesty regulate the Affairs and redresses the Grievances of the Kingdom Of the present King of Scotland The King now Reigning is Charles the Second of that name his name of Baptism Charles in the German Tongue signifies one of a masculine strength or virtue Surname His surname is Stuart which first by Office was given to Walter Father to Robert King of Scotland from whom our present King is descended he was grand Senescal or High Steward or Stuart of Scotland as bearing such an Office by a long and vulgar errour it hath so prevailed that it was accounted the surname of the Kings of Scotland and of many Families descended from them The Genealogy The King now Reigning is Son to King Charles the Martyr and the Princess Henrietta Maria Daughter of King Henry the Great of France from which two Royal Stocks he hath in his veins all the Royal 〈◊〉 of â—â—rope concentred he is descenâ—â—â—â—â—neally lawfully from Scotish Kings for almost 2000 years the King now Reigning the 109th so that for Royal Extraction and long line of just descent His Majesty now Reigning excels all the Monarchs of all the Christian if not of the whole world Birth He was born the 29th of May 1630. at the
the family of the Stewarts and is now in the Person of King Charles the Second His Majesties Title is Dei Gratia of Scotland England France and Ireland King defender of the Faith whom God long preserve in the Throne of his Ancestors upon the Death of a King there is no Inter-Regnum the next Heir is presently King the Coronation being only a solemn Instalment in that which was his right before before their Coronation they hold only convention of Estates but no Parliaments before they are Crowned A Convention of Estates is made up of the same Members that constitute a Parliament but can make no Laws only they can lay impositions on the Subjects They do not sit in State they have been most used before the Kings were Crowned the Lord Chancellor is president in the Convention of Estates as well as in Parliaments When a King is Crowned he swears the Oath appointed to be taken at the Coronation which before the Reformation was no other than that set down in the Roman Pontificial sworn by Kings for there is no provision made about it in our Law but at the Reformation it was enacted That all Kings at the time of their Coronation should make their faithful promise by Oath to govern according to Law and maintain the Protestant Religion c. which Oath is to be found in that Act of the first Parlia Jac. 6. C. 8. Anno 1567. Prerogatives of the Crown The Prerogatives of the Crown are great as Power of Peace and War the Power of raising and arming the Subjects the Power of the Mint the nomination of all Officers both of State and of War and of Justice except some Sheriffs that are such by Inheritance 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 wholly and only in the Crown Church Government But to these since His Majesties Happy Restauration great additions hath been made In the Reign of King James the sixth the Power of general Assemblies was raised very high by Law which occasioned the sad disaster in the Church and laid a foundation to all the late troubles of the State notwithstanding the Supremacy in Ecclesiastical Affairs was alwaies in the Crown since the Reformation yet it was pretended as contrary to Law for the King to introduce any thing into the Church without the consent of the general Assembly It was therefore enacted in Parliament Act 1. 2. Parl. held by the Duke of Lauderdale That the external Government and polity of the Church was wholly in the King's Power and that his Order sent to the Privy Council and published by them about all Ecclesiastical Matters Meetings and Persons were to be obeyed by his Subjects any Law or practice to the contrary notwithstanding So that in all matters that relate to the Church-Government the King's Power is absolute Militia The second point is concerning the Militia By the Antient Laws of Scotland all the Kings Subjects were to assist him in Wars upon which a great Enlargement of the King's Prerogative was grafted at last by two Acts of Parliament The Kingdom of Scotland offering to the King to Raise and Arm twenty thousand Foot and two thousand Horse and to furnish them with forty daies Provision to march into any of His Majesties Dominions of Scotland England or Ireland for suppressing any Forein Invasions Intestine Trouble or Insurrection or for any other Service wherein His Majesties 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 Majesties Privy Council Trade A third point is The ordering and disposing of Trade with Forein Nations and the laying of Restraâ—nts and Impositions upon Forein Imported Commodities which is declared a Prerogative of the Crown With these Sacred Prerogatives is the Crown of Scotland invested not inferiour to any Crown in Europe for its Dignity and Power The King only and the King alone by His Royal Prerogative hath Power without Act of Parliament to declare War to make Peace make Leagues and Treaties with any Forein States give Commissions for levying Men and Arms by Sea or â—â— Land yea for pressing Men 〈…〉 The King only and the King alone disposes of all Magazines Ammunitions Castles Fortresses Ports Havens and publick Moneys The King appoints the Metal Weight purity and value of Money and by his Proclamation any Forein Coin may be lawful The King by His Royal Prerogative of His meer will and pleasure may convoke adjourn remove and dissolve Parliaments may to any Act passed in Parliament refuse to give without rendring any reason His Royal Assent without which a Bill is a meer Chimera May at His pleasure encrease the number of the Members of Parliament as daily experience testifieth by creating more Barons and bestowing priviledges upon other Towns to send Burgesses to Parliament Yea may call to Parliament by Writ whom His Majesty thinketh fit and may refuse to send His Writ to others that have sate in other Parliaments His Majesty alone hath the Choice and Nomination of all Magistrates Counsellours and Officers of State of all Bishops and other High Dignities of the Church the bestowing of all Honours both of the higher and lower Nobility of Scotland It is in the power of the King alone to chuse and name all Commanders and other Officers at Sea or Land The power of determining Rewards for Services and Punishments for Misdemeanours The King by His Letters Patent may erect new Counties Bishopricks Universities Cities Burroughs Hospitals Schools Fairs Markets Courts of Justice and Free Warants c. The King by His Prerogative hath power to enfranchise an Alien whereby he is enabled to purchase Houses or Lands and to bear some Offices Hath power to grant Letters of Mart or Reprisal No Proclamation can be made but by the King The King only can give Patents in case of Losses by Fire to receive the Charitable Benevolences of the people without which no man may ask it publickly The King by His Prerogative is Vltimus Haeres Regni and is the Receptacle of all Estates when no Heir appears For this cause all Estates for want of Heirs or by forfeiture fall to the King All Spiritual Benefices for want of Presentation by the Bishop are lapsed at last to the King all Mony Gold Silver Plate found and the owners not known belongs to the King so all Wayfs Strays Wrecks not granted by him or any former Kings all wast Ground or Land recovered from the Sea all â—ands of Aliens before Naturalization and all things whereof the property is not known all Gold and Silver Mines in whose Ground soever they are found The King's Power in the Church In the Church the Kings Prerogative is great he only hath the Patronage of all Bishopricks none can be chosen whom he
Oats as also Butter and Cheese There are likewise wild Ducks wild Geese c. and many sorts of Sea Foul for Raiment there is no want of very fine Wooll for the Country People are cloath'd with freezes fit to defend them in their work from the cold There is likewise plenty of Hemp and Flax as for linnen Cloath it is inferiour to none for its goodness For Building it wants not Stone Slate Alabaster Marble Morter nor Lime For firing Sea Coal or Pit Coal almost every where at reasonable rates and where this is wanting in some places Wood and in others Turfs or Peats Moreover Scotland produceth a great quantity of Tin Lead Copper Allom Salt Hops with several silver Mines it is counted to be richer under ground then above by reason of the Mines which when tryed yield much in their quantities of Ore Coyns As to the Coyns note that 13½ d. sterl makes a Mark or 13 Shil 4 d. Scotish 20 d. sterl is 20 Shil or a Scotish l. and 20 Shil sterl is 18 Scotish Marks Measures and Weights The Measures for length is the Ell and is about 4 per cent greater than the English Ell. The liquid Measures are such as are in England but of a double continent a Pint being almost two English Quarts and a Scotish Quart one English Gallon and so answerable Their dry Measures are likewise of a bigger continent than these in England Buildings The Churches are of solid Stone most of the Cathedral and Collegiate Churches demolished and by what remains of some may be judged to have been very ample and magnificent The first Reformers being more zealous than prudent in rasing from the very foundation most of the renowned Abbies and Churches Houses in Cities are built with Stone and in many places covered with Slate The Houses of the Nobility and Gentry are well furnished being all built with Stone not much valuing Tile or Brick CHAP. II. Of the Laws of Scotland The Names of Kings the Kings Power and Prerogatives how long the Crown hath been in the Family of the Stewarts what a convention of Estates is THE Law of Scotland is made up of the Municipal and Civil Laws The Municipal consists either of Acts of Parliament or of the Custom and Practices of the Colledge of Justice which are held of no less force than Acts of Parliament and when neither of these contradicts the Civil Law is of force The Lawyers being generally great Civilians for they go to Leiden Poictiers or Bourges to study the Civil Law in which some are learned to a high degree Registers The Law of Scotland is easy and regular by reason of Registers which are so full that Titles are much more easily learned where those Registers are than can be done without them by this means Men are not cheated in buying or conveying Estates which may appear from these following instances 1. 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 register'd within 60 days otherwise it is of no force by which means all secret conveyances are cut off for if no Sasine be past upon them or if these be not put in the Registers which every one may search the conveyance is of no force 2. All Bonds have a clause in them for inserting them in the publick Registers and they being Register'd without any further action by a Charge of six days the Debtor must make payment otherwaies Writs called Letters of Horning Caption and Poynding are given out by the first of which the party is under outlawery and Rebellion and forfeits to the King his Personal Estate and if he continues a year under it the liferent of his real Estate in which the Creditor is to be prefer'd for his interest the rest goes into the Exchequer By the Letters of Caption the party is seized 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 Debtors Goods may be distrained wherever they can be found A third instance is that any Creditor may serve a Writ on his Debtor called Letters of Inhibition by which he can make no disposition of his goods or Estate till the party be satisfied and is null and to no effect that he doth after if these Letters be returned Register'd within 21 days after they are served otherwaies they have no force thus this ancient Kingdom is govern'd by the Civil Law as in many other things might be instanced by which they securely enjoy what they have or may purchase The Kingdom of Scotland hath been govern'd by Kings in as long a Succession as any Nation in the World as by this ensuing Catalogue of the Kings may appear each of them lineally succeeding others since Fergusius the first King in the year from the Creation of the World 3641. Fergusius Feritharis Mainus Dornadilla Nothatus Rutherus Reutha Thereus Josina Finnanus Durstus Evenus 1. Gillus nothus Evenus 2. Ederus Evenus 3. Metellanus Caratacus Corbredus Dardanus Corbredus 2. Galdus Cog. Luctacus Mogaldus Conarus Ethodius 1. Satrael Donaldus 1. Ethodius 2. Athirco Nathalocus Findochus Donaldus 2. Donaldus 3. Crathlinthus Fincormachus Romachus Angusianus Fethelmachus Eugenius 1. Fergusius 2. Eugenius 2. Dongardus Constantinus 1. Congallus 1. Goranus Eugenius 3. Congallus 2. Kinnatollus Aidanus Kennethus Eugenius 4. Ferchardus 1. Donaldus 4. Ferchardus 2. Malduinus Eugenius 5. Eugenius 6. Amberkelethus Eugenius 7. Mordacus Etfinus Eugenius 8. Fergusius 3. Salvathius Aihajus Congallus Dongallas Alpinus Kennethus 2. Donaldus 5. Constantinus 2. Ethus Gregorius Donaldus 6. Constantinus 3. Milcolumbus 1. Indulfus Duffus Culenus Kennethus 3. Constantinus 4. Cog. Calvus Grimus Milcolumbus 2. Donaldus Milcolumbus 3. Donaldus Banus Duncanus Edgarus Alexander 1. Cog. Acer David 1. Milcolumbus 4. Guilielmus Alexander 2. Alexander 3. Joannes Balliolus Robertus Brussius David 2. Edw. Balliolus Robertus 2. Robertus 3. Jacobus 1. Jacobus 2. Jacobus 3. Jacobus 4. Jacobus 5. Henricus Stuartus cum Maria Stuarta JACOBUS 6. Carolus 1. Carolus 2. In all 109. The King is an absolute and unaccountable Monarch and as the Law calls him a free Prince of a Sovereign Power having as great Liberties and Prerogatives by the Laws of this Realm and priviledge of his Crown and Diadem as any other King or Potentate whatsoever so that is deliver'd as a maxim in the heads of our Law That o all jurisdiction stands and consists in the Kings Person by reason of his Royal Authority and Crown and is competent to no Subject but flows and proceeds from the King having supream jurisdiction and is given and committed by him to his Subjects as he pleases which clearly demonstrates his Royal Prerogative The Crown descends by Inheritance the Heir female not being excluded and to this day the undoubted Right to it has been above three hundred years in
in this Court with the Lord Justice General and the Lord Justice Clerk All Tryals for Life are in this Court which sits every Friday in the Time of Session in the Afternoon Here all the Subjects Peers as well as Commons are tryed The difference between a Peer and Commoner in their Tryal in this Court is this viz. The greater part of the Peers Jury called by the Scottish Law an Assize must be Peers The Jury is made up of 15 The Foreman who is called the Chancellor of Assize gathers and reports the Votes The major part determins the matter The present Justice General is the Earl of Queensbury Of the Exchequer The next Supreme Court is the Exchequer That consists of the Lord Treasurer or the Commissioners of the Treasury when it is in commission the Lord Treasurer Deputy and some Assistants called the Lords of Exchequer who have little power the Lord Treasurer and the Lord Treasurer Deputy usually carry all matters in it as they please Here all the King's Grants Pensions Gifts of Wards Letters Patents and such like are to be passed And these are the Supreme Civil Courts The Seat of these Courts is Edinburgh which has been long the chief Seat of the Government though the making of Circuits for giving Justice has been oft begun yet the charge it puts the Country to is found a greater inconvenience than the bringing up all their Affairs to Edinburgh CHAP. VI. Of Inferiour Courts of the Sheriffdoms The Names of the Sheriffs who are so most by Inheritance The Courts of Regality A Barons Court NExt to these Supreme Courts there are other Inferiour Courts And first there are in all the Shires of Scotland Sheriffs who are the Judges in all Matters of of Meum and Tuum in Thefts and in all lesser crimes as likewise in Murthers if the Murtherer be taken in hot blood as they call it when the person is newly slain But though there lyes no Appeal in this Kingdom in any Court yet there is somewhat equivalent to it for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of Inferiour Judges and order to be brought before themselves Most of the Sheriffs were antiently so by Inheritance and it being in this Kingdom no matter of charge but of profit it gave the Hereditary Sheriffs so great a Power in their Shires that our King of late hath thought fit to agree with many of these Sheriffs for their Rights by which it comes to pass that many of them now are in the King's Gift The Sheriffs may either sit and give Judgment themselves or do it by a Deputy which they most commonly do except in some great cases For the more full satisfaction of the Reader it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs Shires or Counties of Scotland and their Sheriffs Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian Charles Maitland The Shire of Berwick containeth Mers Earl of Home The Shire of Peeblis containeth Tweddail Earl of Tweddail The Shire of Selkirk containeth the Forrest of Etterick Murray The Shire of Roxburgh containeth Tiviotdale Lidisdale Eshdail Eusdail Duke of Buckleugh The shire of Dumfreis containeth Nithisdail Anandail E. of Queensbury The shire of Wigton containeth the West part of Galloway Sir Patrick Agnew of Lochnaw The shire of Aire containeth Kyle Carrict and Cunninghame E. Dumfreis The shire of Renfrew containeth the Barony of Renfrew E. of Eglington The shire of Lanerick containeth Clidsdail D. Hamilton The shire of Dumbritton containeth Lenox D. of Lenox The shire of Bute containeth the Isles of Bute and Arran Sir James Stewart of Bute The shire of Innerara containeth Argile Lorn Kintyre the most part of the West Isles all Ila Jura Mull Wyist Teriff Coll Lismore c. E. of Argile The shire of Perth containeth Athol Goury Glenshee Strath-Ardell Broad Albine Ramach Balhider Glenurqhuay Stormont Menteith and Strath-Yern D. of Atholl The shire of Striveling lyeth on both sides the River Forth E. of Marr. The shire of Linlithgow West Lothian John Hope of Hoptoun The shire of Clackmanan containeth a small part of Fife lying on the River Forth towards Striveling Sir D. Bruce of Clackmanan The shire of Kinross containeth so much of Fife as lyeth between Loâ—hleiven and the Ochell Hills E. of Morton The shire of Câ—uper containeth the rest of Fife D. of Rothes The shire of Forfar containeth Angus with its pertinents as Glen Ila â—len Esk Glen-Prossin E. of Southesk The shire of Kinkardin cont Mernis E. Mareschal The shire of Aberdeen containeth Mar with its pertinents as Birse Glentaner Glen-Muik Strath-Dee Strath-Don Bray of Mar and Cromar most part of Buchan Forumarten Gareoch and Strathbogie-land E. Dumfermline The shire of Bamf containeth a small part of Buchan Strath-Dovern Boyn Enzy Strath-Awin and Balveny Sir James Baird of Auchmedden The shire of Elgine containeth the Eastern part of Murray Robert Dumbar of The shire of Nairn containeth the West part of Murray The shire of Innerness containeth Badenoch Lochabyr and the South part of Ross E. of Murray The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth Sir John Vrquart of Cromarty The shire of Tayne containeth the rest of Ross with the Isles of Sky Lewes and Harrigh E. of Seaforth The shire of Dornoch containeth Southerland and Strath-Naver E. of Southerland The shire of Weik containeth Cathness E. of Cathness The shire of Orkney containeth all the Isles of Orkney and Schetland The Constabulary of Haddington containeth East Lothian and Lauderdale D. of Lauderdale Stewartries Stewards Strath-Yern E. of Pearth Monteith E. of Monteith Annandail E. of Annand Stewartries Stewards Kirkudbright containeth the East part of Galloway E. Nithisdail Baileries Bailiffs Kyle Carrict E. of Cassiles Cunninghame E. Eglington Court of Regalities There are also many Regalities in the Kingdom where the Lord of the Regality has a Royal Jurisdiction within his grounds and power of Life and Death besides many other great immunities and priviledges This began chiefly in Church lands for all the Bishops and most of the Abbots had these Regalities granted them some of the antient and great Peers got the same power bestowed upon them and many more have lately got their Lands erected into Regalities The Judge is called the Bailiff of the Regality who sits as often as there is cause Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance These being given by the King a Church-man not being allowed to give a Commission in causa sanguinis A Barons Court Besides these every one that holds a Barony of the King has a Baron Court in which leâ—â—er matters are also judged and they may fine and distrain Antiently these Baron Courts might judge of Life and Death but now it is not so For all the other particulars that relate to the Regalities Superiorities and
other things of the Laws of Scotland such as are curious may find full satisfaction in that most learned work of Craigs De Jure Feudali written in Latine and printed at Edinburgh in Folio CHAP. VII Of the Burroughs of Scotland Of the Burroughs Royal Burroughs of Regality and Burroughs of Barony The Names of the Free Incorporations or Burroughs Royal. THE Burroughs of Scotland are of three sorts either Royal Burroughs Burroughs of Regality or Burroughs of Barony The former have Commissioners in Parliament and besides are a State apart for they meet yearly in a Convention called the Convention of Burroughs from which a Commissioner comes from every one of them There they make Laws for themselves about Trade and other things relating to their Corporations They hold these Meetings in a Circuâ—t around the Chief or as they call them the Head-Burroughs and at the end of one Convention they name the time and place for the next In these Burroughs there is a Provost or Mayor who has the Chief Power and there are four Bailiffs or Aldermen that are next to him in the Government There is also a Dean of Gild named among the Romans Aedilis who is the Chief Judge among the Merchants likewise a Treasurer and a Common Council the one half of which is chosen usually by the Merchants the other half by the Trades men once every year The Trades men have a Court of their own in which there is one from every Trade who is called the Deacon of the Trade and they chuse one among themselves to be President in all their Meetings and Affairs who is call'd Deacon Conveener by his Order they are to meet as their business requires These Deacons are chosen yearly by all the Freemen of their Trade and have a little jurisdiction over them There are in most Burroughs great and dangerous Animosities and Factions between the Merchants and Trades-men upon the account of precedence in publick daies when they meet Burroughs of Regality The Burroughs of Regality are the Towns where these Lords of Regalities hold their Courts The Chief Magistrates are named by the Lord the rest they chuse themselves They have also great freedoms little inferiour to the Royal Burroughs only they have no Commiâ—â—ioners in Parliament Burroughs of Barony The Burroughs of Barony are Market-Towns where the Lord of the Barony names some of the Magistrates and the Corporation chuses the rest In all these Burroughs the Magistracy is no matter of Burden nor Charge but of Power and Advantage from whence arise great Factions amongst all of them in most of the Burroughs A Catalogue of the Free Corporations or Royal Buâ—roughs in Scotland In the Lothians Edinburgh Linlithgow Haddington Northberwick Dumbar In Fife Saint Andrews Couper Kirkaldy Crail Anstruther Pittenweeme Dysart Earlesferry Kinghorn Innerkeithing Burnt Island In Fife Queens-Ferry Dumfermling Culrosse Clackmanan In Angus Dundee Montross Forfar Brichen Arbroath In Galloway Kirkudbright Wigton Withthorn Stranraver In Clidsdail Glasgow Lanerick In Murray Elgin Nairn Forress In Ranfrowshire Ranfrow Pâ—sley Ruglen In Mar. Aberdeen Kintore In Boyn Bamf Cullen In Rosse Innerness Tayne Aire in Kyle Irwing in Cunningham Rothsay in Bute Dumbarton in Lenox Innerrara in Argile Jedbuâ—gh in Tiviotdail Peebles in Tweddail Selkirk in Forrestshire Striveling upon Forth Dumblain in Monteith Dornoch in Southerland In Annandale Annand Lochmabane In Nithisdail Dumfreis Sanqhuar Bervy in Mernis Innerowry in Gareâ—ch CHAP. VIII Of the Court of Admiralty and of the Government of the Militia THE Court of Admiralty sits in Leith the chief Port of this Kingdom but hath not much business except in times of War to judge of Prizes The present High Admiral is His Royal Highness the Duke of Albany The Military Government The Military Government in Scotland of every County is not lodged in one Person but the Regiments of Foot are commanded by Collonels and the Troops of Horse by Captains named by the King without any dependance upon one Lord-Lieutenant nor are there Deputy-Lieutenants yea the Lieutenant-Collonels and other Officers are named by the King as is usual in an Army and perhaps the Militia in this Kingdom are as well govern'd and disciplin'd as in any other Kingdom the People of Scotland being naturally stout and resolute which make them so much valued beyond Seas the only School of War to them since the conjunction of this Island under one King They are upon all occasions ready for the Kings Service naturally being great lovers of the Royal Family having so just a râ—ght to the Crown by an uninterrupted descent for so many Generations as cannot be parallel'd almost in the whole world what happen d in the late Rebellion Where the Schismaticks so highly deluded with fair promises and reiterated invitations from England being as time Brethrâ—n in a Solemn League and Covenant the issue proving solemnly destructive to the ancient Government and constitutions of both Kingdoms and to the perpetual scandal of Christianity itself in that the best of Kings was at last murder'd by these hellish contrivances I say what happen'd then cannot be recorded as an infamy upon the whole Kingdom being there were ten thousands in that ancient Kingdom who never bowed their knee to that Baal the Idol of these unhappy times many of the Ancientest of our Nobility were sufferers to the utter ruine of their Estates and Families a great many lost their lives under the King's Lord Commissioner the worthy and valiant Marquess of Montross who himself was barbarously murder'd by that wicked insulting crew being it is manifest by the account that all the writers of these times giveth that it was but a part and that indeed the scum of the People who had taken upon them at that time to shake off their Duty and Loyalty no man in his right senses or understanding will impute any of those most inhumane proceedings and practises to the People of the whole Nation who in all emergencies since his Majesties happy Restauration have given such clear demonstrations of their Loyalty upon all occasions have proved to the everlasting infamy of that prevailing party in those late confusions that they were but an handful and that the most inconsiderable part of the Kingdom whoever therefore will be so foolish as to evidence his ignorance of the proceedings of these in that dreadful Rebellion by imputing their machinations and cruelties to the general consent of the Kingdom let him alwaies be esteemed as one that is over-ruled by malice and passion thirsting after nothing so much as to make People believe that His Majesty now reigning hath no Dutiful Subjects in that his most ancient Kingdom he may be esteemed an enemy to the Government who would inveigle into the minds of the People that His Majesty is not sure of the Dutiful assistance of his Subjects of that Kingdom if need require many times the Loyal Subjects of Scotland when they are abroad suffer reproach for the barbarous proceedings of these unhappy times but
sad subversion of the Ecclesiastical Government too too direfully verified The most subtle trick of the Devil is when a well-establisht Government in a Church or State cannot be shaken by other of his malicious machinations then it is that by instruments conformable to his own genius under pretext of Religâ—on or at least under a colour of reforming some abuses And so by degrees this Church was of all its watch men robb'd and Wolves in Sheeps clothing put in their places who abhorr'd the name but exercised the power of a Bishop in every one of their respective Parishes The best of Princes perceiving this ruine approaching was pleased that any thing which might be an offence in the Divine Worship might be laid aside for a time although in it self necessary and accordingly the Book of Common Prayer Book of Canons and High Commission were at that time laâ—d â—side yeâ— notwithstanding this favour could not engage us to continue in our Duty and Allegiance All the fruit of these singular condescentions of His Majesties was nothing but a breathing after a desperate and horrid Rebellion such as former Ages could no waies parallel Then it was the Son rose up against the Father Brother against Brother Parishes were divided yea the whole Kingdom was divided against it self which way soever we lookt nothing was to be seen but that desolation in the Church and afterwards in the State which would consume the eyes and grieve the hearts of all good and Loyal Christians and Subjects The Church was rent by Schism the Bishops and many of the Reverend Clergy were thrust out plundered banished Yea the house of Prayer was in a most literal sense made a Den of Thieves Nine years did the Kingdom lye under the Tyranny of Usurpers till it pleased God to free us from this bondage by restoring to us our most Gracious Soveraign Then was the Church restored to its Ancient Government by the most consonant Laws established upon sure and good Foundations The great Power of General Assemblies was better regulated in which nothing is to be proposed but by the King or His Commissioner nor can any thing that they do be of force till it be ratified by the King The Supreme Ecclesiastical Court declared to be a National Synod made of Bishops and Deans and two Members from every Presbytery one of whom is nominated by the Bishop of their respective Diocess and a Commissioner from every University and the calling of this Synod to be wholly in the Crown CHAP. XI The Vniversities of Scotland IN Scotland there are four Universities from which every year there is a fresh supply of Learned persons fit for publick Employments and Dignities in Church and State The four Universities are St. Andrews Aberdeen Glasgow Edinburgh Of the Vniversity of St. Andrews This University was founded by Bishop Hen. Wardlaw An. Christ 1412. it is endowed with very ample Priviledges The Archbishops of St. Andrews are perpetual Chancellors thereof The Rector is chosen yearly and by the Statutes of the Universities he ought to be one of the three Principals His Power is the same with that of the Vice-Chancellor of Oxford or Cambridge There are in this University 3 Colledges viz. St. Salvators St. Leonards New Colledge St. Salvators Colledge This Colledge was founded by James Kennedy Bishop of St. Andrews he built the Aedifice furnished it with costly Ornaments and provided sufficient Revenues for the maintenance of the Masters Professors Persons endowed at the Foundation were a Doctor a Batchelor a Licentiate of Divinity Four Professors of Philosophy who are called Regents Eight Poor Scholars called Bursars Benefactors I can give little account of the Benefactors The Earl of Cassils hath founded a Professor of Humanity to teach the Latine Tongue George Martyn ceiled the great Hall The Arms of St. Salvators Colledge are the Globe and St. Salvators Cross St. Leonard 's Colledge St. Leonards Colledge was founded by John Hepburn Prior of St. Andrews Anno 152 Persons endowed are a Principal or Warden Four Professors of Philosophy Eight poor Scholars Benefactors Of these take this account The Priory of Portmuck is annexed to this Colledge lately the Personage of Kinkell in Aberdeen-shire New Colledge New Colledge was founded by James Beaton Archbishop An. 153 The Professors and Scholars endowed are of Divinity for no Philosophy is taught in this Colledge Present Professors In St. Salvators Colledge Dr. Skeen Provost Mr. Thomson Mr. Kinnaird Mr. Martin Mr. Minzies Professors of Philosophy Mr. Moncrief Profes of Humanity In St. Leonards Colledge Dr. Weems Provost Mr. Crockat Mr. â—arnaigy Mr. Cunninghame Mr. Wood Professors of Philosophy Mr. Saunders Prof. of the Mathematicks Mr. Ker Prof of Humanity In New Colledge Dr. Moor Arch Deacon Dr. Combrie Dr. Falconer Professors of Divinity There was lately founded in the University of St. Andrews a Prof. of Mathematicks The short and bad Account of this University is for want of better Information Learned Men and Writers John Mayor Provost of St. Salvators a person according to the Learning of those times very famous His History of the Scottish Nation is not so much esteemed being very short and in the style and way of writing Scholastical and Quodlibetical he wrote also on the Master of Sentences he flourished about the year 1520. Andrew Melvil Professor of Divinity in the New Colledge a man well seen in the Hebrew Language and the Rabbinical Writings he was the first who kindled the great Confusions in the Church by introducing the Discipline of Geneva John Baron Doctor Professor of Divinity in the New Colledge was a person of great worth and Learning and of great candour he died in the time of our late Confusions Sir John Wedderburn was a Professor of Philosophy in this University but that was too narrow a place for so great a person who became since so celebrated for his great Learning and skill in Physick and though his infirmities great Age forced him to retire from publick practice and business yet his fame attracted all the Nation to him and his noble hospitality and kindness to all that were learned and virtuous made his conversation no less loved than his advice was desired Samuel Rutherfurd Professor of Divinity in the New Colledge was very famous in those times for quickness and subtilty in disputing and writing he was judged to be very devout he wrote Exercitationes de Gratia and Disputationes de Providentia he was a wonderful asserter of the Superlapsarian Hypothesis he wrote also many Books in English some Controversial as The Divine Right of Presbytery and other pieces of Devotion and Sermons he wrote also Seditious Books condemned by Law about the Power of the King and the Priviledge of the people called Lex Rex He died â—661 Alexander Colvill Doctor and Professor of Divinity in the New Colledge he was before Professor at Sedan he was Learned in the Hebrew and was a great Textuary and well seen in Divinity