Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	lord_n	privy_a	seal_n	1,129	5	9.0650	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A32776	A second edition of Camden's description of Scotland containing a supplement of these peers, or Lords of Parliament, who were mentioned in the first edition, and an account of these since raised to, and further advanced in the degrees of peerage, until the year 1694.; Britannia. English. Selections	Camden, William, 1551-1623.; Dalrymple, James, Sir, fl. 1714.	1695 (1695)	Wing C376; ESTC R4896	99,150	213

to use the words of the Record is Directus totius Dominus that is The direct Lord of the whole Domain or Dominion and hath Royal Authority and Jurisdiction over all the States and Degrees as well Ecclesiastical as Lay or Temporal Next unto the King is his eldest Son who is called Prince of Scotland and by a peculiar Right Duke of Rothsay and Seneschal or Steward of Scotland But all the rest of the Kings Children are named simply Princes Among the Nobles the greatest and most honourable were in old time The Thanes that is those who were enobled only by the Office which they administred For the word in the ancient English Saxon Tongue signifieth The Kings Minister Of these they of the superior place were called Abthanes the inferior Vnder Thanes But these Names by little and little grew out of use ever since that King Malcolm the third conferred the Titles of Earls and Barons after the manner received from the English upon Noblemen of good good de●●●●● In process of time new Titles of Honours were much taken up and Scotland as well as England hath had Dukes Marquesses Earls Viscounts and Barons As for the Title of Duke the first that brought it into Scotland was King Robert the third about the year of Salvation 1400. Likeas the honourable Titles of Marquess and Viscount were first brought in by King JAMES the sixth These are counted Nobles of the higher degree and have both place and voice in the Parliament and by a special Name are called Lords likeas also the Bishops Among the Nobles of a lower degree in the first place are ranked Knights who verily are dubbed with greater solemnity than in any other place throughout all Europe by taking of an Oath and are proclaimed by the publick voice of an Herauld In the year 1621 was instituted the Hereditary Order of Knight Baronet for advancing the Plantation of Nova-Scotia in America with Precedency of all ordinary Knights Lesser Barons or Lairds Of which Order there is a great Number but the ancient Great Lairds Chiefs of Clans or Families have not generally yielded Precedency to them Of a second sort are they who are termed Lairds and Barons among whom none were reckoned in old time but such as held immediatly from the King Lands in Chief and had jus furcarum that is power to Hang c. In the third place are all such as being descended from worshipful Houses and not honoured with any special Dignity be termed Gentlemen All the rest as Citizens Merchants Artisans c. are reputed among the Commons CHAP. III. The Judicatories or Courts of Justice THe supreme Court as well for Dignity as Authority is accounted the Assembly of the States of the Kingdom which is called by the very same Name as it is in England A Parliament and hath the same very power as absolute It consisteth of three States of Lords Spiritual namely Bishops Abbots and Priors and of Lords Temporal to wit Dukes Marquesses Earls Viscounts and Barons and Commissioners for Cities and Burghs Unto whom were adjoyned not long since for every County or Shire also two Commissioners And by the 11th Act of the second Session of this current Parliament certain Shires and the Stewartrie of Kirkcudbright therein enumerat according to the largeness and extent of the Lands are allowed an additional Representation of Commissioners in Parliament whereby the greater Shires are allowed four some Shires three and in the Stewartrie of Kirkcudbright two Commissioners As will appear clearly by the List of Parliament subjoyned It is appointed and solemnly called by the King at his pleasure at a certain set time before it be holden When these States abovesaid are assembled and the causes of their assembly delivered by the King his Commissioner or Chancellor the Lords Spiritual chuse out apart by themselves eight of the Lords Temporal as also the Lords Temporal make choise of as many out of the Lords Spiritual then the same all joyntly together nominat eight of the Commissioners for the Counties and as many of the Commissioners for the free Burghs regal which make up in all the number of thirty two And then these Lords of the Articles so they are termed together with the Chancellor Treasurer Keeper of the Privy Seal Kings Secretary c. do admit or reject every Bill proposed unto the States after they have been first imparted unto the King or his Commissioner Being allowed by the whole Assembly of the States they are throughly weighed examined such of them as pass by the greater number of Voices are exhibited unto the King or his Commissioner who by touching them with the Scepter pronounceth that he either ratifieth approveth them or disableth and maketh the same void· But if any thing dislike the King it is razed out before This Method of the Lords of Articles is altered by the 3d. Act of the first Session of this current Parliament whereby the Committee of Parliament is abrogated and the Parliament to appoint Committees of what Number they please being alike of Noblemen Barons and Burg●sses to be chosen out of each Estate by it self for preparing all Motions and overtures first made in the House and that the Parliament may alter the said Committees at their pleasure or conclude upon matters proponed before them in plain Parliament without Committees and that in the Committes some of the Officers of State may be present by their Majesties or their Commissioners appointment who is freely to propose and debate allennerly but not to Vote By Act of Parliament 1617 the Officers of State are restricted to the number of Eight including the Master of Requests beside the Chancellor who by his Office is President of the Parliament Since the Restauration of King Ch. 2d there hath been no Master of Requests but frequently two Secretaries and there hath been also Debate amongst the lesser Officers of State and especially between the Thesaurer-Depute and the others concerning their Precedency but at present by Order the Thesaurer-Deput is ranked after the Advocat and before the Justice-Clerk The second Court or next unto the Parliament is the Colledge of Justice or Session which King James the fifth Parl. 5. Art 36. 40. and 41. anno 1532. instituted after the form of the parliament of Paris consisting of a President fourteen Senatours seven of the Clergy and as many of the Laitie unto whom is adjoyned the Lord Chancellor who being present is to have Vote and be Principal of the said Council And sick●ike other Lords as shall please the Kings Grace to injoyn to them of his great Council to have vote sicklike to the number of three or four By vertue whereof the King uses to adjoyn besides the Chancellor four of the Nobility or Lords of Parliament who are called Extraordinar Lords and are not counted of the Quorum of the Nine which must be of the Ordinar Lords The Distinction of half Spiritual half

Lodowick Earl of Crawford and by vertue of a former Entail the Honour Dignity and Precedency of the Earl of Crawford was declared in Parliament to belong to him and his Successors and since ratified in Parliament anno 1661 he was by King Charles the Second restored to be Thesaurer from which Office he had been removed in the year 1649 his Son William now Earl of Crawford was President of the Parliament 1689 and 1690 and one of the Commissioners of the Thesaury the secondary Title belonging to his eldest Son is Lord Lindsey Eden also runneth by Cowper a notable Burgh where the Sheriff sitteth to minister Justice Now where the shore turneth inward a Front northward hard by the Salt water of Tau there flourished in old time two goodly Abbeys Balmerinoch built by Queen Ermengard Wife to King William Daughter of Viscount Beaumont in France King James of Great Brittain advanced Sir James Elphingston of Barntoun to the honour of Baron Balmerinoch about the year 1604 being mentioned in that Parliament one of the Commissioners for the Union with England he is placed in the Decreet of Ranking after the L. Abercorn and before the L. Tullibardine he was a Lord of the Session Secretary thereafter succeeded to the L. Fyvie to be President of the Session anno 1605 whose Grand-child is John L. Balmerinoch The other Abbey is that of Lindoris Founded among the Woods by David E. of Huntingtoun is the Barony of Sir Patrick Lesly created L. Lindoris about the year 1604 and placed in the Decreet of Ranking immediatly after the Lord Roxburgh and before the Lord Lowdoun his Successor is Iohn Lord Lindoris Between which standeth Banbrich the Habitation of the Earl of Rothes strongly built Castle-wise Near to these places on the Confines toward Perth-shire is Balvaird which belongs to the Murrays ancient Cadets of the Lairds of Tullihardine their Successor was created L. Balvaird by K. Charles the 1st after the year 1641 his Grand-child hath succeeded to the Dignity of Lord Scoon and Viscount Stormonth by entail Sir David Murray the first Lord and Viscount being a younger Brother of the Laird of Balvaird The Governour of this Province like as of all the rest in this Kingdom was in times past a Thane that is in the old English tongue The Kings Minister as it is also at this day in the Danish Language but Malcolm Canmore made Macduff who before was Thane of Fife the first hereditary Earl of Fife and in consideration of his good desert and singular service done unto him granted that his Posterity should have the Honour to place the King when he is to be Crowned in his Chair and to lead the Vant-guard in his Army and if any of them should happen by casualty to kill either Gentleman or Commoner to buy it out with a piece of Money Not far from Lindoris there is to be seen a Cross of Stone which standing for a limit between Fife and Strathern had an Inscription of barbarous Verses and a certain priviledge of Sanctuary that any Manslayer Allied to Macduff Earl of Fife within the ninth Degree if he came unto this Cross and gave nine Kine with an Heifer should be quit of Manslaughter When his Posterity lost this Title and Priviledge is uncertain but it appeareth that King David the Second gave unto William Ramsey this Earldom with all and every the Immunities and Law which is called Clan-Mac-Duff and received it is for certain that the Linage of the Weymesses and Dowglasses yea and that great Kindred Clan-Hatan the Chief whereof is Mac-Intoshech descended from them And the most learned Sir John Skeen of Currie-hill Clerk of Register in his Treatise de verborum significatione informs that by an Indenture at Perth the penult day of March 1371 betwixt Robert Stuart Earl of Monteith and Dame Isabel Countess of Fife Daughter and Heir to Duncan Earl of Fife The Countess is obliged to resign her Earldom in the Kings hands in favours of the said Earl for new heretable Infestment thereof to be given to him which Earl being afterwards designed of Fife and Monteith was thereafter Duke of Albany and affecting the Kingdom with cruel Ambition caused David the Kings eldest Son to be most pitifully famished to death which is the highest extremity of all misery But his Son Murdac suffered due punishment for the Wickedness both of his Father and his own Sons being put to death by King James the First for their violent Oppressions and a Decree passed that the Earldom of Fife should be united unto the Crown for ever But the Authority of the Sheriff of Fife belongeth in right of Inheritance to the Earl of Rothes the Heir of which Family was Iohn Earl of Rothes who after he was High Commissioner for King Charles the Second to the Parliament and Conventions of Estates and enjoyed several other honourable and profitable Employments was made Chancellor anno 1668 in which Office he continued till his death in anno 1681 and was shortly before created Duke of Rothes which Dignity is extinct by default of Heirs male of his Body but his eldest Daughter Margaret Countess of Rothes being married to Charles Earl of Haddingtoun hath Iohn Lord Leslie who is to succeed in the Dignity of the Earl of Rothes and Thomas who hath succeeded his Father in the Dignity of the Earl of Hadingtoun Since Printing of the former Edition several Lords were created in this Shire some whereof have already been mentioned and also others to be mentioned viz. Sir Michael Balfour of Balgarvie by K. James the 6th created L. Burghlie July 16 1607 whose Successor is John Lord Burghlie And by the same King Sir Robert Melvil first of Murdocairny and thereafter of Burntisland who had been Thesaurer Deput and Thesaurer before the year 1592 and an extraordinar Lord of Session anno 1594 was created Lord Melvil about the year 1617 to whom succeeded Robert his Son he is ranked in the Parliament 1633 after the Lord Deskford and before Carnegie and is amongst the Commissioners for holding that Parliament who had been admitted an extraordinar Lord of Session upon the dimission of his Father and then by entail the honour fell to the Laird of Raith descended of the eldest Brother and the only Male representative of the ancient Family of the Melvils George Lord Melvil his Son is the 4th Lord who was sole Secretar of State to and created by Their Majesties Earl of Melvil Lord High Commissioner to the second and third Sessions of this current Parliament 1690 and now Lord Privy Seal his Son Alexander Lord Raith was constitute Thesaurer Deput anno 1689. Mr. John Lindsey of Belcarras was a Lord of the Session and one of the Octavians of the Thesaury Secretary before K. Ja. his Succession to the Crown of England his Grand-child Alexander about the year 1633 was created Lord Belcarras by King

Act of Parliament King James the First from general appearances in Parliament to which they were formerly lyable and allowed to send their Commissioners to represent them yet if this Act was ever observed it was long in desuetude till revived in the Parliament 1587 Since which time the Free-holders of the Shires under the Degrees of Peers have sent their Commissioners to represent themselves and their Vassals in Parliament To supply these Alterations it was necessar that more should be Created Lords of Parliament to come in proper Right and as representing these holding their Lands of them as the Bishops and Abbots did for themselves and their Vassals in right of their Baronies which they held immediatly of the Crown and Bishops being again supprest as well as Abbots and Priors whose Lands are possest by the Peers or Free-holders or their Vassals the great number of Peers is still more reasonable whereof the half do never appear in Parliament by reason of Minority or as being Females or being otherways Legally incapacitat or hindered to take place there and also the Addition of Twenty six Members by a late Act of Parliament to the representation of the Barons did make a just Ballance the Free-holders representing a great part of the Property of the Nation It is to be remembred that of those Dignities noted as Extinct some of them do stand in the Rolls of Parliament their Honours being lately enjoyed and the Rolls not altered but by special Warrand To the Treatise is subjoyned a List of the Nobility with their Sirnames and the Titles of such of their eldest Sons who are Lords and of the other Members of this Current Parliment Commissioners for Shires and Burghs Royal and a second Alphabetical Table of these whom the Publisher observed to have been created or to have used at anytime the Titles or Dignities of Lords Viscounts Earls Marquesses and Dukes and a Table of the Abbacies Priories especially these who were Conventual once a part constituent of our Parliament with a List of the Presbytries Synods and Commissariots not specified in the Treatise These are the few Things with which the Publisher thought fit to advertise the Reader Farewel A DESCRIPTION OF Scotland CHAP. I. The Division of SCOTLAND THe North part of the Island of Britain was of old time inhabited throughout by the Picts who were divided into two Nations the Dicalidonii and Vecturiones of whom the Author did speak out of Ammianus Marcellinus But when the Scots became Lords and Rulers over all this part it was shared into seven parts among seven Princes as we find in a little ancient Pamphlet touching the division of Scotland in these words and old Name The first part contained Enegus and Maern The second Atheodl and Goverin The third Stradeern and Meneted The fourth was Forthever The fifth Mar with Buchan The sixth Muref and Ros. The seventh Cathanes which Mound a Mountain in the midst divideth running on forward from the West Sea to the East Then afterwards the same Author reporteth according to the Relation of Andrew Bishop of Cathanes that the whole Kingdom was divided likewise into seven Territories The first from Erith in the British tongue called by the Romans Worid now Scotwade to the River Tae The second to Hilef according as the Sea fetcheth a compass to a Mountain in the Northeast part of Sirivelin named Athran The third from Hilef to Dee The fourth from Dee to the River Spe. The fifth from Spe to the Mountain Brunalban The sixth Mures and Ros. The seventh the Kingdom Argathel as it were the border and skirt of the Scots who were so called of Gathelgas their Captain Also according to the Habitation of the People Scotland is now divided into Highland-men and Lawland-men These being more civil use the English Language and Apparel the other which are rude and unruly speak Irish and go apparelled Irish-like Out of this division the Borderers are excluded because by reason of Peace shining now upon them on every side by a blessed and happy Union they are to be ranged reckoned in the very heart and midst of the British Empire as who begin to be weary of Wars and to acquaint themselves with the delightful benefits of Peace Moreover according to the Situation and Position of the places the whole Kingdom is divided into two parts the South on this side the River Tay and the North beyond Tay besides a number of Islands lying round about In the South part these Countries are more remarkable than the rest Tiviotdale Merch Lauden Liddesdale Eskedale Annandale Niddasdale Galloway Carrick Kyle Cunningham Arran Clidesdale Lennox Stirling Fife Strathern Menteith Argile Cantire Lorn In the North part are reckoned these Countries Loquabrea Braidalbin Perth Atbol Angus Merns Marr Buquhan Murray Rosse Sutherland Cathanes Strathnavern These are subdivided again according to thei● civil Government into Counties called Sheriffdoms Seneschalsies commonly Stewartries and Bailliwicks or Bailliaries whereof a List shall be subjoyned as they now are and in the Order they stand in the Rolls of Parliament As touching the Administration of the divine City and Common-wealth which we term the Church likeas the Bishops in all the world besides had no certain Dioeceses before that Dionysius Bishop of Rome about the year 268. did set out Dioeceses for Bishops so the Bishops of Scotland executed their Episcopal Functions in what place soever they came indifferently and without distinction untill the time of King Malcolm the third that is about the year of our Redemption 1070 at which time the Dioeceses were confined within their Bounds and Limits Afterwards in process of time this Hierarchie or Ecclesiestical government was established in Scotland Two Archbishops one of Saint Andrews the other of Glasgow whereof the former is counted Primat of all Scotland under whom there be eight Bishopricks Dunkeld Aberdene Murray Dunblan Brechin Rosse Cathanes Orkney Under the Archbishop of Glasgow there be only three Candida Casa or Galloway Lismore or Argile The Isles or Sodorensis Episc. Edinburgh was erected an Episcopal See 1633 by K. Ch. 1. Suffragan to the Arch-bishop of St. Andrews and hath place of Dunkeld By the 3d. Act of the 1st Session of this current Parliament the Estate of Bishops being the third Estate of Parliament is abolished By the fifth Act of the second Session Presbyterian Church Government was settled and the Nobility which did consist of the great Barons or Lords or the lesser Barons or Free-holders is divided in two Estates so that by the third Act of the second Session of the same Parliament the three Estates are declared to be the Lords of Parliament designed the Nobility the Barons or Commissioners from Shires designed the Gentlemen and the Commissioners from Burghs designed the Burgesses CHAP. II. The States or Degrees of SCOTLAND THe Republick or Common-wealth of the Scots like as that of Englishmen consisteth of a King the Nobility or Gentry and Commons The King

Temporal is laid aside and the Lords are all of the Temporality and three principal Scribes or Clerks But by the 38 Act. 1st Sess Parl. K. Ja. 7. there is allowed two persons to be conjoyned in each of the three Offices of ordinary Clerks of Session and so now six Clerks and as many Advocats as the Senators shall think good These sit and minister Justice not according to the rigour of Law but with Reason and Equity every day save only on the Lords day and Monday from the first of November to the fifteenth of March and from Trinity Sunday unto the Calends of August But by Law and Custome the Session fitteth from the First of November to the last of February and from the First of June to the last of July inclusive In regard the Office of the Lords of Session are for Lifetime they are set down as follows JAMES Viscount of STAIR Lord President of the Session Sir John Baird of Newbyth Mr. Alexander Swinton of Mersingtoun Sir Colin Camphel of Aberuchil James Murray of Philiphaugh Robert Dundass of Arnistoun Mr. John Hamilton of Haleraig Mr. David Hume of Crossrig Sir John Lawder of Haltoun Sir John Lawder of Fountainhal William Enstruther of that llk Mr. Archibald Hope of Rankeilor Mr. James Falconer of Phesdo Robert Hamilton of Presmenuan Sir William Hamilton of Whitelaw Extraordinary LORDS William Duke of Queensberry William Earl of Annandale Patrick Lord Polwarth The fourth is vacant by the Death of William Duke of Hamilton The President of the Session by an Act of Parliament 1661. is declared to have Precedency of the Lord Register and Advocat and they to have Precedency of the Lord Thesaurer-Deput * Sir George Mckenzie in his Precedency doth relate That there was an Ordinance upon the 20. Feb. 1623 amongst his Majesties Officers and Counsellors where the lesser Officers of State are ranked and after them the Lords of Session according to their Admission and before Privy Counsellors being Barons Gentlemen Suitable to this precedency the Lords of Session have since their Institution enjoyed the Title of Lord both in Designation and Compellation albeit the Designation be proper to the Lords of Parliament The Lords of Session in the beginning being composed of Bishops and Abbots and dignified beneficed Persons Chief Barons and eminent Lawers This Designation is frequently given to them in the Acts of Parliament and particularly to President Provan in an unprinted Act anno 1581. intituled Act in favours of Mr. William Baillie Lord Provan frequently thereafter All the space between Sessions being the times of Sowing and Harvest is Vacation and Intermission of all Suites and Law matters They give Judgment according to the Parliament Statutes and Municipal Laws and where they are defective they have recourse to the Imperial Civil Law There are besides in every County or Shire in ferior civil Judicatories or Courts kept wherein the Sheriff of the Shire or his Depute decideth the Controversies of the Inhabitants about violent Ejections Instrusions Damages Debts c. From which Courts or Judges in regard of hard and unequal dealing or else of Alliance and Partiality they appeal sometime to the Session These Sheriffs are all for the most part Hereditary for the Kings of Scotland like as these of England also to oblige more surely unto them the better sort of Gentlemen by their Benefits and Favours made in old time these Sheriffs hereditary and and perpetual But the English Kings soon perceiving the inconveniencies thereby ensuing of purpose changed this Order appointed them from year to year There be Civil Courts also in every Regalitie holden by their Baillies to whom the Kings have graciously granted Royalities as also in Free-Burghs by the Magistrates thereof There are likewise Judicatories which they call Commissariats the highest whereof is k●pt at Edinburgh In which before four Judges or Commissars Actions are pleaded concerning Wills Testaments the Right of Ecclesiastical Benefices Tithes Divorces and such other Ecclesiastical Causes In every other several part almost throughout the Kingdom there sitteth but one Judge alone in a place about these matters In criminal Causes the Kings Chief Justice holdeth his Court for the most part at Edinburgh which Office the Earls of Argile executed for some time and he doth deput two or three Lawers who have the hearing and deciding of Capital Actions concerning Life and Death or of such as infer loss of Limbs or of all Goods And by the 16 Act 3d. Sess 2d Parl. K. Cha. 2d concerning the Justice Court it doth now consist of the Lord Justice-General the Lord Justice-Clerk who are both at the Kings Nomination and to them are added five of the Lords of Session who are supplied from time to time by the King and are called Lords of the Justiciary In this Court the Defendant is permitted yea in case of High-Treason to entertain a Counsellor or Advocat to plead his Cause Moreover in Criminal Matters there are sometimes by vertue of the Kings Commission and Authority Justices appointed for the deciding of this or that particular Cause Also the Sheriffs in their Territories and Magistrats in some Burghs may sit in Judgement of Man-slaughter in case the Man-slayer be taken within 24 hours after the Deed committed and being found guilty by a Jurie put him to death But if that time be once over-past the Cause is referred and put over to the Kings Justice or his Deputs The same priviledge also some of the Nobility and Gentry enjoy against Theives taken within their own Jurisdictions There be likewise that have such Royalities as that in Criminal Causes they may exercise a Jurisdiction within their own Limits and in some Cases recal those that dwell within their own Limits and Liberties from the Kings Justice howbeit with a Caution and Proviso interposed That they judge according to Law Thus much briefly the Author hath put down as one that had but slightly looked into these matters yet by the information of the judicious Knight Sir Alexander Hay Secretary to K. Ja. 6. for Scotland who had given the Author good light He being one of the three principal Clerks of Session was in the year 1608 appointed Secretary in place of the Lord Balmerinoch removed and admtted a Lord of Session the 3d of Feb. 1610. But as touching SCOTLAND what a Noble Countrey it is and what Men it breedeth as sometimes the Geographer wrote of Britain there will within a while more certain and more evident matter be delivered since that most high and mighty Prince K. Ja. 6. did set it open for us which had so long time been shut from us Mean time before we proceed to the Description of particular Places according to the Authors project we must give some short Account of the Privy Council Thesaury and Exchequer being Soveraign Courts and omitted by the Author The Privy Council is constitute by the King's Commission to decide in matters that concerns the Government and publick