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 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
round And a Dukes Coronet only Leaves without Pearls They are more especially distinguisht by their Robes of Parliament by their several Guards on their Mantles or short Cloaks about their shoulders A Baron hath but two Guards a Viscount two and a half an Earl three a Marquess three and a half and a Duke four Precedence Touching the Places or Precedences among the Nobility of Scotland it is to be observed that Dukes amongst the Nobility have the first place then Marquesses Dukes Eldest Sons Earls Marquesses Eldest Sons Dukes Younger Sons Viscounts Earls Eldest Sons Marquesses Younger Sons Barons Viscounts Eldest Sons Earls Younger Sons Barons Eldest Sons Viscounts Younger Sons Barons Younger Sons The Princes of the Blood viz. the Sons Grandsons Brothers Uncles or Nephews of the King and no further having the Precedency of all the Nobility Yea the natural or illegitimate Sons of the King after they are acknowledged by the King take Precedency of all the Nobles under those of the Blood Royal. Moreover observe that all Nobles of the same degree take place according to the seniority of their Creation all Dukes Eldest Sons have the title of Earls and the Eldest Son of an Earl hath the title of the Earls Barony and sometimes of the Viscountry according to the Patent Of His Majesties Privy Council in the Kingdom of Scotland The Privy Council is chiefly imployed about publick Affairs and are Judges of Riots and any disturbance given to the Peace of the Kingdom Antiently the Lords oâ— the Session were the King's Council and so are stiled Lords of Counciâ— and Session The Power of the Privy Council hath been most raised since King James got the Crown of England that by reason of the King 's necessary absence from Scotland the King hath lodged much of His Power with His Privy Council Lawyers do plead the Causes of Riots before them and when sentence is to be given every Privy Councillor gives his Vote and the major Vote carries it Lords and others of His Majesties present Privy Council of SCOTLAND His Royal Highness the Duke of Albany c. John Duke of Rothes Lord Chancellor Alexander Lord Archbishop of St. Andrews Primate John Duke of Athol Lord Privy Seal John Duke of Lauderdale Presid of the Council William Marquess of Douglass James Marquess of Montross Alexander Earl of Murray Secretary of State Archbald E. of Argile John E. of Errol George E. of Marischal Charles E. of Marr. E. of Linlithgow E. of Pearth Patrick E. of Strathmore Robert E. of Roxburgh E. of Queensbury E. of Ancram James E. of Airly E. of Balcarras William E. of Dondonald E. of Kintore E. of Broadalbine Archbald Lord Lorn John Lord Livingstone John Lord Bishop of Edinburgh James Lord Elphinstone John Lord Rosse Sir Charles Maitland of Haâ—tone Treasurer Deputy Sir Thomas Murray of Glendoick L. Clerk Register Sir George Mackenzy of Rosehaugh L. Advocate Richard Maitland Esq L. Justice Clerk Sir James Dalrumpell Lord President of the Sessions Sir George Gordon of Haddo Sir George Mackenzy of Tarbot John Drummond of Londy Lieutenant General Dalziel Sir George Kinnard of Rossy Sir John Wachop of Nidry Of the Supreme Court of Judicature The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice or the Session which was antiently an ambulatory Court but was settled as it is now by King James the â—ifth Anno Christi 1532. to consist of fourteen who are called Senatours of the Colledge of Justice or Lords of Council and Session and a President to whom are added the Lord Chancellor and four Lords of the Nobility or as they usually call them Lords Extraordinary The Extraordinary Lords have no Salary and are not obliged to Attendance but when they come they have a Vote This Court sits from the first of June till the last of July and from the first of November till Christmas-Eve and from the first of January till the last of February But now by Act of Parliament the Summer Sessions are taken away and in stead thereof are henceforth to be kept in March They sit from Nine of the Clock in the Morning till Twelve all the daies of the week except Sunday and Monday There is an Outer-house and an Inner In the Outer-house there is a Bench where one of the Senators sits a week and all of them except the President have their Turns in it who hears all Causes originally and where the case is clear he gives sentence But if it be difficult or if either party desires it he reports it to the rest of the Senators who either send out their Answer by him or if it be very intricate and the parties or either of them desire it do appoint it to be heard before themselves This is a Court of great dispatch But besides the Judge upon the Bench there is a side Bar to which one of the Judges comes out by turns weekly as in the former and receives and answers all Petitions and Bills The Inner-house where all the rest of the Senators sit is a Court of great State and Order The Senators sit in a semicircle in Robes under them sit their Clerks who write all the most material heads of all that is pleaded at the Bar where the pleadings are long and very learned When the the Senatours have after all the parties are removed considered their arguments they give their sentence and the major part carries it Their final sentence determines all business in their Court there lying no Appeal from them only the Parliament as the Supreme Court may review and repeal their sentence their decisive sentence are called Decreets from the Latine Decreta Senators of the present Colledge of Justice The Lords Extraordinary The Lord Chancellor The Duke of Athol The D. of Lauderdale The Earl of Murray The Earl of Argile The Lords Ordinary not Noblemen Sir James Dalrumpell Lord President of the Session Charles Maitland of Hatton Sir George Mackenzy of Rosehaugh Sir Thomas Murray of Glendoick Sir James Foulis of Collington Sir John Lockart of Castlehill Sir Robert Nairn of Strathurd Sir James Foulis of Redford Sir David Nevoy of Nevoy Sir David Balfour of Torret Sir David Falconer of Newton Sir John Gordon of Pitmedden Sir Roger Hogg of Harcus Sir Andrew Birny of Saline Sir George Gorden of Haddo Of the Justice Court The next Supreme Court is the Justice Court where all Criminals are tryed It consists of a Lord Justice General and of a Lord Justice Clerk who is his Assistant The Earl of Argile had this Office by Inheritance but King Charles the First agreed with the said Earl and gave him the hereditary Justiciariship of of the High lands for which he laid down his pretensions to the other The Lord Justice General is not obliged to serve in person but may do it by Deputies and he commonly named two This Order was changed Anno 1669. and by Act of Parliament four Judges were appointed to sit
the first Sessions of each Parliament is to be held the Regalia The Crown Scepter and Sword of State which are kept in the Castle of Edinburgh are brought down in State to the King's Palace the Coach in which they are being well guarded by a File of Musqueteers every one who pass the Coach being uncovered and are carried by three of the Antientest Earls that are upon the place bare-headed before the King or his Commissioner In the Great Court before the King's Palace all the Members in Parliament do mount on horse-back with foot-cloaths The Burgesses Ride first being allowed one Lackey apiece two Trumpeters in their Coats bare-headed two Pursevants in their Coats bare-headed usher the way the Commissioners from Shires Two and Two The Officers of State not Noble men are next in order The Lords and Barons of Parliament the Bishops the Viscounts the Earls and the two Archbishops all of them Two and Two Next are four Trumpeters in their Coats bare-headed Two and Two and Two four Pursevants in their Coats bare-headed Two and Two six Heralds in theâ—r Coats bare-headed Two and Two the Gentleman Usher bare headed Lyon King at Arms with his Coat and Robes and Foot-Mantle and his Battoon in his hand bare-headed the Sword of State the Scepter and the Crown carried by three of the Antientest of the Nobility on each side the Honours three Mace bearers bare-headed a Noble man bare-headed with a Purse and in it the Lord High Commissioner his Commissâ—on Then last of all the Lord High Commissioner with the Dukes and Marquesses on his Right and Left hand When the King is present the Master of the Horse Rides easie but a lâ—ttle aside It is ordered there be no shooting under the highest pains and penalties that day neither displaying of Ensigns nor beating of Drums during the whole Cavalcade The Officers of State not being Noble men Ride in their Gowns The whole Members Ride covered except those that carry the Honours The highest degree and the most Honourable of that Degree Ride last Every Duke hath eight Lackeys every Marquess six every Earl four every Viscount three every Lord three every Commissioner for Shires two every Commissioner for Burroughs one every Noble man to have a Gentleman to hold up his Train They may have their Pages also The Two Archbishops to have each of them eight Lackeys every other Bishop three and if they please they may have a Gentleman to hold up their Trains The Noble mens Lackeys have over their Liveries short Velvet Coats with their Badges Crests and Motto's done in Plate or embroidered on their back and breast The great Officers of State Ride up from the Abby the King's Palace about half an hour before the Cavalcade in their Robes attended with their friends on horseback waiting in the Parliament-house When the Commissioner enters the House the Lord Chancellor takes his own Purse and ushers him from the Bar to the Throne When the King is present the Lord Chanceâ—lor receives His Majesty at the door of the Parliament-house and ushers him up to the Throne The whole Members of Parliament wait on the High Commissioner in the Great Hall the Noblemen in their Robes They return in the same order back to the Palace only the Constable and Mareschal Ride on the Commissioners Right and Left hand with Caps of Permission The Lord Chancellor and Lord Privy Seal stay behind until all march away and then return in the same State to the Palace as they Ride to the Parliament house When the King Rides in Person the Lord Chancellor Rides bearing the Great Seal but this is not done before a Commissioner When the King is present the Marquesses and Dukes Ride after the Earls but if His Majesties Commissioner be present they follow him at some distance or on his Right and Left hand After the King or his Commissioner is received by the Lord Chancellor he is seated in a Throne six steps high with a State over it And in the first step under him in a Bench sits the Lord Chancellor with other Officers of State on both hands of him In the next step under these sit the Lords of Sessions or Judges On the Right hand of the Throne is the Bishops Bench that rises up in two rows of Benches On the highest the two Archbishops sit and on the lower sit the Bishops according to the Dignity of their Sees On the Left hand of the Throne there is another great Bench of three steps and rows of Benches on which sits the Nobility according to their Precedency In the middle of the four there are two Tables on the one whereof the Regalia are laid and in two great Chairs by them sit the Constable and the Mareschal at the other Table sits the Lord Clerk of Registers with his Deputy Clerks who are the Clerks of the Parliament There are also Forms placed on the Floor these on the Right side are for the Commissioners of the Shires and these on the Left for the Commissioners of the Burroughs When all are placed the Parliament is fenced as the phrase is in the King's Name Then the King speaks to them if he be present in his Robes with the Crown on his head all standing up bare headed But when a Commissioner represents him he is in an ordinary Sute and stands and speaks also bare-headed nor is the Commissioner covered when there is pleading at the Bar but continues bare-headed as all the Members are and tells them the reason for which they are called together which is enlarged by the Lord Chancellor The next thing to be done is the Chusing of the Lords of the Articles which is a matter of great importance who are eight of every State who have been chosen different waies Sometimes the Bishops did Chuse the Eight Lords and sometimes the Nobility the Eight Bishops At other times the Nobility did Chuse their own Eight and the Bishops their Eight But now it is setled by an Act of Parliament that the King or His Commissioner names Eight of the Bishops the Lords Chuse Eight for themselves and these Sixteen do Chuse Eight Commissioners for the Shires and Eight for the Burroughs These Thirty two are the Committee of Parliament to prepare matters When a Bill is drawn by them it is brought into the Parliament Antiently all these Bills were brought in the last day of the Parliament on which the Members Ride in the same State as they do the first and the Bills being Read they were put to the Votes of the Parliament and then were approved or not being approved were presented to the King who by touching them with the Scepter gives his assent to them which is done by his Commissioner in his absence if he refuse to touch them they are of no force Matters have been fully and freely debated in Parliament Sitting all in one House every one answers distinctly to his Name and gives his Vote which is in these terms I approve