Observations upon the laws and customs of nations, as to precedency by Sir George Mackenzie ...
         Mackenzie, George, Sir, 1636-1691.
      
       
         
           1680
        
      
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             Observations upon the laws and customs of nations, as to precedency by Sir George Mackenzie ...
             Mackenzie, George, Sir, 1636-1691.
          
           [18], 92 [i.e. 96] p.
           
             Printed by the heir of Andrew Anderson ...,
             Edinburgh :
             1680.
          
           
             Reproduction of original in Duke University Library.
             Errata p. [16]
          
        
      
    
     
       
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         eng
      
       
         
           Precedence -- Early works to 1800.
        
      
    
     
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           OBSERVATIONS
           Upon
           the
           LAWS
           and
           CUSTOMS
           OF
           NATIONS
           ,
           AS
           TO
           PRECEDENCY
           .
        
         
           BY
           Sir
           
             GEORGE
             MACKENZIE
          
           of
           
             Rosehaugh
             ,
             His
          
           Majesty's
           Advocat
           in
           the
           Kingdom
           of
           SCOTLAND
           .
        
         
           
             PETRON
             .
          
           
             —
             Hos
             gloria
             tulit
             Honores
             .
          
        
         
           EDINBVRGH
           .
           Printed
           by
           the
           Heir
           of
           
             Andrew
             Anderson
          
           ,
           Printer
           to
           His
           most
           Sacred
           Majesty
           .
           Anno
           DOMINI
           ,
           M.
           DC
           .
           LXXX
           .
        
      
       
         
         
         
           To
           the
           King.
           
        
         
           
             May
             it
             please
             Your
             Sacred
          
           Majesty
           ,
        
         
           THis
           Book
           ,
           having
           for
           its
           subject
           Precedency
           ,
           should
           have
           ,
           for
           its
           Patron
           ,
           that
           KING
           from
           whom
           our
           Precedency
           flows
           ,
           as
           Rays
           do
           from
           the
           Sun
           :
           And
           beside
           the
           nobleness
           of
           the
           Questions
           here
           discuss'd
           ,
           wherein
           Crowned-heads
           are
           oft-times
           the
           Clients
           ,
           and
           Honour
           the
           Prize
           ;
           These
           Discourses
           have
           the
           great
           Charms
           of
           newness
           and
           variety
           ,
           which
           do
           singly
           so
           delight
           this
           Age
           ,
           without
           any
           other
           advantage
           .
           I
           know
           ,
           Sir
           ,
           that
           Dedications
           have
           degenerated
           into
           Panegyricks
           ;
           but
           why
           should
           I
           say
           any
           thing
           of
           You
           ,
           of
           whom
           the
           most
           of
           Your
           Subjects
           believe
           better
           things
           ,
           than
           the
           most
           eloquent
           of
           Your
           Advocats
           can
           express
           ?
           It
           being
           amongst
           the
           other
           wonders
           of
           Your
           life
           ,
           that
           You
           are
           the
           best
           lov'd
           ,
           though
           not
           the
           best
           obey'd
           King
           in
           Christendom
           ;
           the
           one
           being
           the
           effect
           
           of
           our
           Conviction
           ,
           and
           the
           other
           of
           Your
           admired
           Clemency
           .
           And
           yet
           I
           might
           be
           allowed
           to
           say
           as
           much
           of
           Your
           Majesties
           merit
           ,
           as
           some
           others
           of
           Your
           Subjects
           ;
           having
           in
           those
           many
           occasions
           I
           had
           of
           attending
           You
           upon
           our
           publick
           Concerns
           ,
           been
           oftentimes
           both
           pleas'd
           and
           asham'd
           to
           find
           You
           understand
           my
           Trade
           (
           that
           great
           Art
           of
           Reasoning
           )
           far
           better
           than
           my self
           ;
           discovering
           to
           me
           the
           weakness
           of
           some
           of
           my
           Reasons
           ,
           and
           improving
           others
           .
           But
           what
           I
           admir'd
           more
           was
           ,
           (
           for
           I
           admire
           Iustice
           more
           than
           Wit
           )
           to
           find
           Your
           Majesty
           alwayes
           more
           concern'd
           for
           Your
           Peoples
           Security
           ,
           than
           for
           Your
           own
           Prerogative
           :
           So
           that
           if
           any
           Kingdom
           be
           happier
           than
           we
           ,
           it
           is
           because
           they
           understand
           better
           their
           own
           Interest
           and
           not
           because
           they
           have
           a
           better
           King.
           Leaving
           then
           ,
           Sir
           ,
           this
           beaten
           path
           ,
           I
           hope
           all
           wise
           and
           just
           men
           may
           expect
           ,
           that
           none
           who
           owe
           You
           and
           Your
           Predecessors
           the
           Interest
           they
           have
           in
           Your
           Kingdoms
           and
           Parliaments
           ,
           because
           of
           the
           Titles
           You
           have
           bestowed
           upon
           them
           ,
           will
           be
           so
           ungrate
           and
           imprudent
           as
           to
           oppose
           You
           ,
           to
           please
           a
           Re-publican
           Party
           ,
           who
           would
           turn
           them
           out
           of
           all
           that
           Interest
           they
           have
           now
           in
           the
           Government
           ,
           and
           punish
           them
           most
           remarkably
           ,
           by
           levelling
           them
           with
           the
           Populace
           which
           some
           adore
           .
           There
           is
           not
           a
           Nobleman
           in
           these
           Nations
           ,
           who
           has
           not
           been
           raised
           
           by
           the
           Royal
           Bounty
           ;
           all
           Preferments
           of
           the
           Army
           or
           long
           Robe
           ,
           being
           the
           reflex
           of
           Your
           Favour
           upon
           their
           merit
           ,
           and
           without
           which
           ,
           their
           greatest
           Parts
           had
           been
           at
           best
           ,
           but
           excellent
           Colours
           lodg'd
           in
           the
           dark
           :
           And
           therefore
           ,
           when
           they
           get
           Precedency
           ,
           Preferments
           ,
           Matches
           ,
           or
           Respect
           ,
           for
           being
           Noblemen
           ,
           they
           ought
           to
           consider
           to
           whom
           they
           owe
           all
           this
           ,
           and
           to
           remember
           how
           little
           they
           signified
           when
           a
           Common-wealth
           prevailed
           :
           And
           if
           any
           of
           their
           Creatures
           us'd
           them
           ,
           as
           some
           have
           done
           the
           Monarchy
           ,
           we
           should
           hear
           that
           Eloquence
           ,
           which
           is
           now
           us'd
           to
           decry
           the
           Government
           and
           Your
           Ministers
           ,
           employed
           in
           railing
           against
           the
           ingratitude
           of
           those
           their
           Creatures
           .
           Nor
           is
           it
           to
           be
           feared
           ,
           that
           the
           Nobility
           and
           Gentry
           ,
           who
           value
           themselves
           so
           much
           upon
           the
           just
           descent
           of
           their
           Blood
           ,
           will
           bear
           patiently
           that
           the
           Royal
           Line
           should
           be
           cut
           ,
           or
           the
           Succession
           diverted
           from
           its
           just
           and
           royal
           Channel
           ;
           since
           Your
           descent
           ,
           
             Great
             Sir
          
           ,
           has
           the
           advantage
           over
           not
           only
           all
           Subjects
           ,
           but
           likewise
           over
           all
           Monarchs
           ,
           that
           we
           know
           ,
           when
           their
           Predecessors
           rose
           from
           among
           the
           Vulgar
           ;
           whereas
           ,
           the
           first
           thing
           History
           discovers
           of
           Yours
           ,
           is
           ,
           that
           they
           were
           Kings
           :
           God
           having
           wrapt
           up
           Your
           Origin
           in
           this
           wonderful
           mysteriousness
           ,
           as
           it
           were
           ,
           to
           teach
           Your
           Subjects
           ,
           that
           
             You
             hold
             Your
             Imperial
             
             Crown
             of
             Him
             ,
             alone
             and
             immediatly
          
           ;
           and
           in
           shewing
           them
           how
           to
           reverence
           You
           ,
           has
           oblieged
           You
           to
           depend
           upon
           His
           Divine
           Majesty
           ,
           the
           only
           and
           immediat
           Author
           ,
           as
           well
           as
           Support
           ,
           of
           Your
           Power
           and
           Greatness
           ;
           and
           who
           has
           heap'd
           upon
           You
           so
           great
           ,
           and
           so
           remarkable
           mercies
           ,
           as
           may
           in
           letting
           Your
           enemies
           see
           his
           just
           indignation
           against
           them
           ,
           let
           you
           also
           see
           ,
           what
           sincere
           and
           exemplary
           Piety
           He
           ,
           as
           Your
           kind
           and
           omnipotent
           Master
           ,
           expects
           from
           You.
           I
           know
           ,
           Sir
           ,
           that
           You
           will
           allow
           me
           to
           own
           ,
           that
           I
           hate
           Slavery
           ,
           and
           love
           Property
           ,
           as
           well
           as
           any
           of
           our
           high
           pretenders
           :
           But
           ,
           I
           think
           our
           Freedom
           and
           Property
           securer
           under
           Your
           Majesty
           ,
           whose
           Right
           cannot
           be
           shaken
           ,
           without
           the
           ruine
           of
           ours
           ;
           it
           being
           Your
           great
           interest
           to
           maintain
           that
           Law
           ,
           which
           makes
           so
           many
           thousands
           obey
           You
           ,
           in
           spight
           of
           their
           ambition
           and
           avarice
           .
           And
           I
           still
           see
           ,
           that
           the
           true
           Proprietar
           is
           the
           kindest
           Master
           ;
           whereas
           ,
           on
           the
           other
           hand
           ,
           it
           is
           certain
           ,
           that
           they
           who
           oppose
           most
           the
           Government
           ,
           are
           those
           who
           did
           themselves
           cruelly
           oppress
           us
           under
           the
           late
           Vsurpers
           ,
           or
           their
           impenitent
           Children
           ;
           Those
           ,
           who
           being
           picqu'd
           at
           want
           ,
           or
           loss
           of
           Preferment
           ,
           are
           acted
           by
           revenge
           and
           malice
           ;
           or
           these
           who
           are
           so
           easily
           fool'd
           ,
           as
           to
           believe
           those
           who
           are
           such
           ,
           and
           who
           inveigh
           against
           Your
           just
           Power
           ,
           that
           they
           themselves
           may
           thereby
           
           become
           arbitrary
           ;
           many
           of
           whom
           are
           themselves
           greater
           grievances
           than
           any
           they
           exclaim
           against
           ,
           and
           greater
           judgements
           than
           any
           they
           threaten
           .
           So
           that
           all
           we
           can
           expect
           is
           ,
           to
           empty
           our
           Veins
           and
           Purses
           ,
           for
           the
           liberty
           of
           being
           sold
           or
           trampled
           upon
           ,
           as
           formerly
           ,
           by
           such
           as
           have
           neither
           so
           great
           interest
           in
           us
           ,
           nor
           affection
           for
           us
           ;
           whilst
           You
           ,
           Sir
           ,
           generously
           pity
           what
           You
           may
           chastise
           ,
           and
           suffer
           our
           extravagancies
           to
           grow
           up
           to
           be
           their
           own
           punishment
           .
           None
           of
           us
           can
           say
           ,
           that
           we
           ,
           or
           our
           predecessors
           have
           for
           six
           hundred
           years
           ,
           felt
           the
           tyrannie
           of
           any
           of
           our
           Kings
           :
           nor
           can
           any
           of
           us
           deny
           ,
           that
           all
           our
           Miseries
           and
           Civil
           Wars
           have
           sprung
           from
           the
           ambition
           and
           factiousness
           of
           Subjects
           ,
           who
           design'd
           indeed
           to
           govern
           them
           and
           us
           ;
           which
           should
           in
           reason
           make
           us
           rather
           jealous
           of
           our
           own
           factiousness
           ,
           than
           of
           our
           Monarchie
           .
           And
           therefore
           ,
           Sir
           ,
           That
           God
           may
           alwayes
           teach
           Your
           Subjects
           to
           be
           just
           to
           Your
           Merit
           ,
           and
           to
           remember
           the
           last
           Age
           ;
           and
           may
           make
           Your
           Ministers
           careful
           to
           maintain
           ,
           but
           not
           to
           stretch
           Your
           Prerogative
           ,
           shall
           be
           the
           constant
           and
           ardent
           Prayer
           of
           ,
        
         
           May
           it
           please
           Your
           Sacred
           Majesty
           ,
           
             Your
             Majesties
             most
             Faithfull
             ,
             most
             Humble
             ,
             and
             most
             Loyal
             Subject
             and
             Servant
             ,
             GEORGE
             MACKENZIE
             .
          
        
      
       
         
         
         
           THE
           CONTENTS
           .
        
         
           
             
               CHAP.
               I.
            
             THE
             Precedency
             of
             Kings
             and
             Common-wealths
             .
          
           
             
               CHAP.
               II.
            
             Of
             the
             Precedency
             due
             to
             the
             Kings
             of
             Scotland
             .
          
           
             
               CHAP.
               III.
            
             That
             the
             Crown
             of
             Scotland
             was
             not
             subject
             to
             England
             .
          
           
             
               CHAP.
               IV.
            
             The
             debates
             betwixt
             the
             Kings
             of
             
               Pole
               ,
               Sweden
               ,
               Denmark
            
             ,
             &c.
             and
             other
             Princes
             .
          
           
             
               CHAP.
               V.
            
             The
             Precedencies
             amongst
             Common-wealths
             .
          
           
             
               CHAP.
               VI.
            
             Of
             the
             Precedency
             of
             the
             Electors
             ,
             and
             the
             Princes
             of
             the
             Empyre
             .
          
           
             
               CHAP.
               VII
            
             .
             Of
             the
             Precedency
             of
             Church-men
             .
          
           
             
               CHAP.
               VIII
            
             .
             General
             Observations
             concerning
             the
             Precedency
             of
             Subjects
             .
          
           
             
               CHAP.
               IX
            
             .
             The
             Precedency
             due
             to
             Women
             .
          
        
         
           
           
             Fourty
             four
             considerable
             Questions
             concerning
             Precedency
             ,
             Resolved
             ,
             Viz.
             
          
           
             
               Question
               1.
            
             
             WHether
             in
             Competitions
             betwixt
             Kingdoms
             ,
             States
             ,
             and
             Towns
             ,
             is
             their
             present
             Condition
             to
             be
             considered
             ,
             or
             what
             they
             were
             formerly
             ?
          
           
             
               Quest.
               2.
            
             
             Whether
             a
             Kingdom
             becoming
             a
             Common-wealth
             ,
             or
             a
             Common-wealth
             a
             Kingdom
             ,
             does
             their
             former
             Precedency
             remain
             ?
          
           
             
               Quest.
               3.
            
             
             Whether
             he
             who
             is
             elected
             to
             a
             Dignity
             ,
             ought
             to
             have
             Precedency
             thereby
             ,
             as
             if
             he
             were
             actually
             admitted
             ?
          
           
             
               Quest.
               4.
            
             
             Whether
             ought
             one
             who
             has
             been
             twice
             or
             oftener
             elected
             to
             any
             Dignity
             ,
             be
             preferred
             to
             him
             who
             was
             only
             once
             elected
             ?
          
           
             
               Quest.
               5.
            
             
             What
             influence
             hath
             the
             conjunction
             of
             moe
             Dignities
             upon
             Precedency
             ?
          
           
             
               Quest.
               6.
            
             
             How
             far
             do
             former
             Dignities
             influence
             a
             present
             Advancement
             ,
             and
             determine
             the
             Precedency
             depending
             thereupon
             ?
             and
             what
             Rank
             is
             due
             to
             honorary
             and
             extraordinary
             Offices
             ?
          
           
             
               Quest.
               7.
            
             
             Whether
             amongst
             such
             as
             have
             equal
             Dignity
             ,
             the
             first
             in
             time
             ought
             to
             be
             preferred
             ?
          
           
             
               Quest.
               8.
            
             
             When
             many
             are
             promoted
             at
             once
             in
             the
             same
             Writ
             ,
             or
             when
             many
             are
             nominate
             in
             the
             same
             Commission
             ,
             whether
             is
             the
             order
             of
             naming
             therein
             express'd
             to
             be
             observed
             ?
          
           
             
               Quest.
               9.
            
             
             In
             what
             cases
             does
             Age
             prefer
             ,
             and
             what
             is
             its
             prerogative
             in
             the
             matters
             of
             Precedency
             .
          
           
             
             
               Quest.
               10.
            
             
             Whether
             does
             appearancy
             of
             Blood
             give
             Precedency
             before
             actual
             Investiture
             and
             Possession
             ?
          
           
             
               Quest.
               11.
            
             
             Whether
             does
             the
             apparent
             Heir
             his
             assuming
             and
             using
             the
             Title
             and
             Precedency
             of
             his
             Predecessor
             ,
             make
             him
             lyable
             to
             his
             Predecessor's
             Debts
             ,
             and
             infer
             a
             passive
             Title
             against
             him
             ,
             as
             we
             speak
             ?
          
           
             
               Quest.
               12.
            
             
             Whether
             does
             the
             appearancy
             of
             Blood
             give
             Precedency
             ,
             where
             the
             Predecessor
             is
             not
             dead
             ?
          
           
             
               Quest.
               13.
            
             
             Whether
             should
             an
             elder
             Brother
             ,
             who
             was
             born
             before
             the
             Father
             was
             preferred
             to
             the
             dignity
             of
             a
             King
             ,
             Marquess
             ,
             Earl
             ,
             &c.
             be
             preferred
             to
             a
             younger
             Brother
             who
             was
             born
             after
             his
             Father
             had
             attained
             to
             either
             of
             these
             Dignities
             ?
          
           
             
               Quest.
               14.
            
             
             Whether
             ought
             a
             Son
             ,
             who
             is
             in
             publick
             Imployment
             and
             dignified
             ,
             to
             precede
             a
             Father
             who
             is
             not
             ?
          
           
             
               Quest.
               15.
            
             
             Whether
             may
             he
             who
             has
             the
             survivance
             of
             an
             Imployment
             ,
             challenge
             any
             Precedency
             upon
             that
             account
             ?
          
           
             
               Quest.
               16.
            
             
             Whether
             does
             the
             daughter
             of
             a
             Lord
             ,
             who
             would
             himself
             have
             been
             an
             Earl
             if
             he
             had
             lived
             ,
             take
             place
             from
             the
             daughter
             of
             a
             younger
             Earl
             ?
          
           
             
               Quest.
               17.
            
             
             Whether
             if
             the
             elder
             brother
             be
             mad
             ,
             or
             dumb
             ,
             &c.
             does
             the
             second
             brother
             get
             the
             same
             Precedency
             ,
             as
             if
             his
             brother
             were
             dead
             ?
          
           
             
               Quest.
               18.
            
             
             Which
             of
             two
             or
             moe
             Twins
             ought
             to
             precede
             ,
             when
             it
             is
             controverted
             which
             of
             them
             was
             first
             born
             ?
          
           
             
             
               Quest.
               19
            
             Whether
             do
             Natural
             Children
             born
             before
             a
             lawful
             Marriage
             precede
             ?
             and
             should
             they
             be
             preferred
             to
             the
             Children
             born
             in
             a
             lawful
             Marriage
             ,
             if
             they
             be
             legittimated
             thereafter
             ?
          
           
             
               Quest.
               20
            
             Whether
             ought
             the
             order
             of
             the
             nomination
             to
             be
             observed
             in
             Commissions
             ,
             where
             the
             Persons
             are
             ranked
             otherwise
             then
             can
             be
             consistent
             with
             the
             King
             's
             former
             express
             Grants
             ?
          
           
             
               Quest.
               21.
            
             
             In
             the
             competition
             betwixt
             two
             who
             are
             advanced
             at
             the
             same
             time
             ,
             but
             in
             different
             Writs
             ,
             as
             if
             two
             Patents
             were
             subscribed
             by
             his
             Majesty
             to
             two
             several
             Earls
             on
             the
             same
             day
             ;
             which
             of
             the
             two
             were
             to
             be
             preferred
             ?
          
           
             
               Quest.
               22.
            
             
             Whether
             is
             Precedency
             to
             be
             ruled
             according
             to
             the
             date
             of
             the
             provision
             ,
             Investiture
             ,
             or
             actual
             Possession
             ?
          
           
             
               Quest.
               23.
            
             
             Whether
             does
             the
             dignity
             of
             him
             who
             bestows
             the
             Honour
             ,
             regulate
             the
             Precedency
             that
             is
             bestowed
             among
             Equals
             ?
          
           
             
               Quest.
               24.
            
             
             Whether
             can
             a
             Prince
             nobilitate
             any
             of
             his
             own
             Subjects
             in
             the
             Territories
             of
             another
             Prince
             ?
          
           
             
               Quest.
               25.
            
             
             Whether
             when
             the
             President
             of
             any
             Court
             or
             Incorporation
             is
             absent
             ,
             may
             the
             eldest
             Member
             convocate
             the
             Incorporation
             ?
             and
             who
             ought
             to
             precede
             in
             that
             case
             ?
          
           
             
               Quest.
               26.
            
             
             Whether
             may
             a
             Peer
             be
             degraded
             ,
             because
             he
             hath
             not
             an
             Estate
             sufficient
             to
             entertain
             a
             person
             of
             his
             Quality
             ,
             and
             by
             whom
             may
             he
             be
             degraded
             ?
          
           
             
               Quest.
               27.
            
             
             Whether
             is
             a
             Patent
             never
             made
             use
             of
             by
             the
             Father
             ,
             valid
             after
             his
             death
             ?
          
           
             
             
               Quest.
               28.
            
             
             Whether
             if
             the
             Father
             use
             any
             low
             or
             base
             Trade
             which
             derogates
             from
             Nobility
             ,
             will
             his
             Children
             and
             Descendents
             lose
             it
             thereby
             ?
          
           
             
               Quest.
               29.
            
             
             One
             having
             resigned
             a
             Dignity
             or
             Imployment
             ,
             and
             returning
             thereafter
             thereto
             ,
             whether
             does
             he
             who
             has
             so
             resigned
             return
             to
             his
             former
             Precedency
             ?
          
           
             
               Quest.
               30.
            
             
             Whether
             may
             a
             Nobleman
             resign
             his
             Honours
             in
             favours
             of
             a
             third
             party
             ?
             and
             if
             the
             King's
             confirmation
             thereupon
             will
             exclude
             the
             nearest
             Agnats
             ,
             who
             would
             else
             have
             succeeded
             by
             their
             right
             of
             Blood
             ?
          
           
             
               Quest.
               31.
            
             
             Whether
             does
             the
             former
             right
             of
             Precedency
             remain
             with
             him
             who
             has
             resigned
             the
             Office
             by
             which
             he
             enjoyed
             the
             Precedency
             ?
          
           
             
               Quest.
               32.
            
             
             If
             a
             Person
             do
             not
             of
             himself
             resign
             ,
             but
             be
             called
             from
             his
             Charge
             by
             the
             Prince
             to
             another
             Imployment
             ,
             and
             one
             provided
             to
             his
             Place
             ,
             and
             returning
             thereafter
             to
             his
             first
             Dignity
             by
             the
             Princes
             command
             ,
             whether
             does
             he
             get
             Precedency
             according
             to
             his
             first
             or
             last
             Installment
             ?
          
           
             
               Quest.
               33.
            
             
             Whether
             does
             he
             who
             is
             suspended
             from
             the
             exercise
             of
             an
             Office
             ,
             return
             to
             the
             same
             Precedency
             when
             the
             suspension
             is
             taken
             off
             ?
          
           
             
               Quest.
               34.
            
             
             Two
             having
             Offices
             ,
             and
             changing
             one
             with
             another
             their
             Imployments
             for
             a
             time
             ,
             whether
             when
             they
             resume
             their
             former
             Imployments
             ,
             do
             they
             return
             to
             their
             former
             Precedency
             ?
          
           
             
               Quest.
               35.
            
             
             Whether
             is
             he
             ,
             who
             is
             restored
             by
             the
             Prince
             to
             a
             Dignity
             from
             which
             he
             was
             degraded
             ,
             to
             be
             restored
             to
             the
             same
             Precedency
             which
             he
             had
             formerly
             ?
          
           
             
             
               Quest.
               36.
            
             
             Whether
             have
             the
             Ambassadours
             of
             Monarchs
             the
             Precedency
             from
             other
             Monarchs
             or
             Princes
             themselves
             ,
             if
             personally
             present
             ,
             even
             as
             the
             Kings
             would
             do
             whom
             they
             represent
             ?
             and
             if
             in
             all
             cases
             ,
             an
             Ambassadour
             ought
             to
             have
             the
             same
             Precedency
             that
             is
             due
             to
             his
             Constituent
             ?
          
           
             
               Quest.
               37.
            
             
             Whether
             have
             such
             as
             have
             been
             Ambassadours
             ,
             or
             have
             been
             in
             such
             honourable
             Imployments
             ,
             any
             Precedency
             thereby
             when
             their
             Imployment
             is
             ended
             ?
          
           
             
               Quest.
               38.
            
             
             What
             place
             is
             due
             to
             the
             Representatives
             of
             Subjects
             ,
             such
             as
             Vicars
             ,
             Deputes
             ,
             Assistants
             ?
             &c.
             
          
           
             
               Quest.
               39.
            
             
             What
             Precedency
             is
             due
             to
             Assessors
             appointed
             for
             Iudges
             ,
             and
             to
             extraordinary
             Iudges
             ?
          
           
             
               Quest.
               40.
            
             
             Whether
             can
             the
             King
             creat
             now
             an
             new
             Earl
             ,
             and
             ordain
             him
             to
             precede
             all
             the
             former
             Earls
             ,
             or
             any
             such
             number
             of
             them
             as
             he
             pleases
             ?
          
           
             
               Quest.
               41.
            
             
             Whether
             if
             a
             King
             should
             creat
             an
             Earl
             ,
             with
             Precedency
             to
             all
             other
             Earls
             ,
             during
             his
             life
             ?
             or
             if
             when
             an
             Earl
             is
             forefaulted
             ,
             will
             his
             Lady
             in
             either
             of
             these
             cases
             retain
             the
             Precedency
             she
             formerly
             enjoyed
             during
             her
             Husbands
             life
             ?
          
           
             
               Quest.
               42.
            
             
             Whether
             amongst
             those
             of
             the
             Royal-Line
             ,
             does
             the
             next
             to
             the
             Royal-Stock
             precede
             ?
             or
             does
             the
             Precedency
             belong
             to
             the
             eldest
             of
             that
             Branch
             ?
          
           
             
             
               Quest.
               43.
            
             
             Whether
             ,
             or
             when
             is
             the
             right
             or
             left
             Hand
             the
             chief
             mark
             of
             Precedency
             ?
             and
             whether
             is
             the
             place
             opposite
             to
             the
             seat
             of
             the
             chief
             Person
             who
             sits
             betwixt
             the
             two
             ,
             preferable
             to
             either
             right
             or
             left
             Hand
             ?
          
           
             
               Quest.
               44.
            
             
             Whether
             in
             Improbations
             raised
             to
             secure
             Precedency
             ,
             can
             Certifications
             be
             granted
             as
             well
             against
             Patents
             of
             Honour
             ,
             as
             against
             other
             Writs
             ?
          
           
             Courses
             taken
             by
             Princes
             and
             Iudges
             ,
             when
             they
             intend
             to
             shun
             the
             deciding
             of
             Controversies
             concerning
             Precedency
             ,
             and
             to
             preserve
             the
             Rights
             of
             all
             the
             Competitors
             .
          
        
      
       
         
         
           Errata
           .
        
         
           
             Page
             13.
             
             Line
             48.
             dele
          
           former
           .
           
             p.
             14.
             l.
             21.
             read
             the
          
           French
           
             words
             thus
          
           ,
           Aubaines
           ,
           sont
           estrangers
           nais
           en
           pais
           ,
           
             &c.
             l.
          
           penult
           ,
           for
           in
           the
           dependent
           ,
           r.
           independent
           .
           
             p.
             16.
             l.
             40.
             for
          
           imitating
           ,
           r.
           intimating
           .
           
             l.
             44.
             for
          
           then
           ,
           r.
           when
           .
           
             p.
             20.
             l.
             20.
             r.
          
           filiolem
           .
           
             p.
             27.
             l.
             2.
             r.
          
           was
           not
           then
           decided
           .
           
             p.
             31.
             near
             the
             foot
             ,
             r.
          
           &
           aliis
           Magnatibus
           .
           l.
           penult
           .
           r.
           sons
           .
           
             p.
             39.
             l.
             32.
             r.
          
           Senescallo
           .
           
             p.
             46.
             l.
             44.
             r.
          
           his
           Procutor
           .
           
             l.
             47.
             for
          
           Antoun
           ,
           r.
           Aiton
           .
           
             p.
             69.
             
             Quest.
             11.
             l.
             2.
             r.
          
           current
           .
           
             p.
             74.
             
             Quest.
             17.
             l.
             14.
             r.
          
           defective
           .
           
             p.
             77.
             l.
             5.
             r.
          
           officium
           .
           
             l.
             10.
             dele
          
           at
           the
           same
           time
           .
           
             p.
             80.
             l.
             2.
             for
          
           perceed
           .
           r.
           precede
           .
           
             p.
             91.
             l.
             36.
             r.
          
           unnecessar
           .
        
         
           Literal
           faults
           and
           errours
           in
           the
           Pointing
           ,
           may
           be
           easily
           perceived
           by
           the
           Reader
           .
        
         
      
       
         
         
           Advertisement
           from
           the
           Author
           ,
           to
           be
           subjoyned
           to
           the
           third
           Chapter
           of
           the
           Precedency
           .
        
         
           BEing
           desired
           to
           prove
           ,
           that
           from
           Chronology
           it
           is
           Impossible
           ,
           that
           Kenneth
           3.
           
           King
           of
           Scots
           ,
           did
           row
           Edgar
           King
           of
           the
           English
           Saxons
           over
           the
           Dee
           ;
           I
           prove
           it
           thus
           :
           Kenneth
           the
           3.
           did
           not
           Succeed
           to
           the
           Crown
           of
           Scotland
           ,
           till
           the
           Year
           977.
           
           At
           which
           time
           ,
           
             Ethelred
             ,
             Edgars
          
           youngest
           Son
           ,
           did
           Reign
           in
           
             England
             :
             Ethelred
          
           having
           begun
           his
           Reign
           ,
           Anno
           975.
           two
           Years
           before
           Kenneths
           coming
           to
           the
           Crown
           of
           Scotland
           .
           It
           is
           also
           remarkable
           ,
           that
           Heylen
           relates
           ,
           that
           the
           King
           of
           Scotland
           was
           ordained
           at
           the
           Council
           of
           Constance
           ,
           to
           precede
           the
           King
           of
           Castile
           ,
           as
           being
           one
           of
           the
           five
           absolute
           Monarchs
           ;
           which
           was
           inconsistent
           with
           his
           being
           a
           Tributary
           ,
           or
           Homager
           Prince
           .
           This
           was
           done
           in
           Presence
           of
           the
           King
           of
           Englands
           Ambassador
           ,
           who
           reclaimed
           not
           ,
           as
           certainly
           he
           had
           done
           ,
           if
           the
           King
           of
           Scotland
           had
           been
           Vassal
           to
           his
           Master
           .
           By
           all
           which
           we
           see
           how
           solidly
           Heylen
           writes
           upon
           this
           Subject
           .
           And
           the
           learned
           Speed
           doth
           in
           his
           History
           of
           Great
           Britain
           most
           Solidly
           ,
           and
           Modestly
           ,
           in
           many
           Parts
           thereof
           ,
           clear
           us
           from
           this
           pretension
           ;
           and
           especially
           in
           the
           Life
           of
           William
           the
           Conqueror
           ,
           who
           ,
           to
           clear
           Marches
           between
           Scotland
           and
           England
           ,
           did
           set
           up
           a
           Cross
           at
           Stranmoor
           ,
           with
           the
           Arms
           of
           England
           on
           the
           South
           side
           ,
           and
           the
           Arms
           of
           Scotland
           on
           the
           North
           side
           ;
           The
           King
           of
           Scotland
           doing
           only
           Homage
           for
           Cumberland
           .
           And
           in
           the
           Life
           of
           Edward
           the
           first
           ,
           when
           some
           of
           the
           Great
           Men
           of
           Scotland
           waited
           on
           Edward
           in
           Northumberland
           ,
           in
           the
           Controversie
           betwixt
           the
           Bruce
           and
           Baliol
           ;
           he
           sayes
           ,
           that
           Edward
           made
           then
           claim
           to
           the
           Superiority
           of
           Sotland
           ,
           alledging
           that
           the
           Crown
           of
           Scotland
           was
           holden
           of
           him
           .
           To
           whom
           the
           Scots
           replyed
           ,
           that
           they
           were
           ignorant
           ,
           that
           any
           such
           Superiority
           belonged
           to
           the
           King
           of
           England
           ,
           neither
           could
           they
           make
           answer
           to
           such
           things
           without
           a
           King
           ,
           &c.
           
           And
           that
           thereupon
           the
           King
           delivered
           to
           them
           his
           Letters
           Patents
           ,
           in
           which
           he
           acknowledged
           ,
           that
           the
           coming
           of
           those
           Scots
           ,
           on
           this
           side
           the
           Water
           of
           Tweed
           ,
           should
           not
           be
           at
           any
           other
           time
           urged
           to
           prejudice
           them
           ,
           for
           coming
           again
           into
           England
           ;
           That
           is
           ,
           (
           sayes
           he
           )
           that
           their
           example
           should
           not
           so
           be
           drawen
           to
           an
           Argument
           of
           King
           Edwards
           right
           over
           them
           ,
           as
           if
           they
           were
           to
           come
           again
           upon
           Duty
           :
           So
           prudently
           jealous
           (
           sayes
           this
           Author
           )
           were
           these
           Patriots
           of
           their
           Countries
           Liberty
           .
           And
           a
           little
           after
           ,
           he
           acknowledges
           ,
           that
           King
           Edward
           was
           then
           Plotting
           this
           Homage
           ,
           because
           Scotland
           wanted
           a
           Head.
           He
           also
           confesses
           ,
           that
           Baliol
           lost
           the
           love
           of
           the
           Scots
           ,
           by
           the
           Homage
           he
           had
           made
           ,
           and
           that
           by
           Letters
           to
           King
           Edward
           ,
           he
           did
           afterward
           renounce
           this
           Homage
           as
           being
           contrary
           to
           his
           Oath
           ,
           as
           extorted
           by
           violence
           ,
           and
           as
           being
           made
           without
           consent
           of
           the
           three
           Estates
           .
           And
           speaking
           of
           King
           Edwards
           big
           Oath
           ,
           as
           that
           he
           swore
           by
           the
           Lord
           ,
           he
           would
           consume
           all
           Scotland
           from
           Sea
           to
           Sea
           ,
           if
           he
           heard
           any
           more
           debate
           in
           that
           ;
           adds
           ,
           that
           the
           Scots
           did
           boldly
           enough
           reply
           ,
           that
           in
           this
           Cause
           they
           would
           shed
           their
           blood
           ,
           for
           defence
           of
           Justice
           ,
           and
           their
           Countries
           liberty
           .
           And
           further
           ,
           in
           the
           Reign
           of
           Edward
           the
           third
           ,
           he
           observes
           ,
           that
           this
           short
           lif'd
           pretence
           ,
           was
           renounced
           by
           that
           King
           ,
           who
           quitted
           Scotland
           of
           all
           claim
           and
           pretence
           of
           right
           to
           the
           Superiority
           thereof
           ,
           and
           delivered
           up
           the
           Roll
           ,
           called
           Ragmans
           Roll
           ,
           wherein
           were
           contained
           the
           Names
           of
           those
           few
           Scots
           who
           had
           been
           forced
           to
           acknowledge
           this
           Superiority
           .
        
      
       
         
           Advertisement
           from
           the
           Printer
           .
        
         
           IT
           being
           objected
           by
           some
           ,
           who
           are
           not
           so
           well
           acquainted
           with
           the
           methods
           taken
           by
           Heraulds
           ,
           in
           handling
           the
           Art
           of
           Blasoning
           ,
           that
           many
           old
           Sirnames
           ,
           and
           Noble
           Families
           of
           this
           Kingdom
           ,
           are
           omitted
           ,
           and
           not
           set
           down
           in
           the
           Treatise
           of
           Herauldry
           ,
           and
           others
           of
           less
           Note
           insert
           :
           To
           satisfie
           such
           ,
           it
           is
           answered
           ,
           that
           the
           Author
           did
           never
           design
           ,
           (
           as
           no
           other
           Writer
           on
           that
           Subject
           ever
           did
           )
           to
           publish
           a
           Register
           of
           all
           the
           Sirnames
           and
           Bearings
           in
           the
           Nation
           ,
           (
           These
           being
           to
           be
           found
           in
           the
           Lyons
           Registers
           only
           )
           nor
           does
           he
           intend
           any
           advantage
           to
           such
           as
           are
           insert
           ,
           or
           disadvantage
           to
           such
           as
           are
           left
           out
           ;
           as
           not
           being
           induced
           to
           name
           any
           for
           instances
           of
           Bearings
           ,
           either
           from
           the
           Antiquity
           and
           greatness
           of
           the
           Families
           ,
           and
           Sirnames
           ,
           or
           his
           relation
           and
           kindness
           to
           them
           ,
           but
           meerly
           from
           the
           specifick
           suitableness
           of
           their
           Armes
           to
           the
           several
           kinds
           of
           Charges
           and
           Ornaments
           Treated
           of
           throughout
           the
           Work.
           
        
         
           It
           is
           to
           be
           noticed
           ,
           that
           the
           observe
           made
           
             Preced
             .
             p.
          
           52.
           l.
           4.
           of
           a
           mistake
           committed
           p.
           42.
           is
           now
           unnecessary
           ;
           The
           Sheet
           wherein
           that
           mistake
           was
           ,
           being
           since
           Re-printed
           .
        
      
    
     
       
         
         
           OF
           PRECEDENCY
           .
        
         
           CHAP.
           I.
           The
           Precedencie
           of
           Kings
           and
           Common-wealths
           .
        
         
           MENS
           Ambition
           ,
           as
           well
           as
           Curiosity
           ,
           doth
           breed
           in
           them
           a
           Desire
           to
           understand
           this
           Subject
           ,
           which
           is
           a
           part
           of
           the
           Civil
           Law
           ,
           and
           Law
           of
           Nations
           ▪
           exceeding
           as
           far
           all
           other
           parts
           of
           the
           Law
           ,
           as
           Honour
           exceeds
           Money
           ;
           But
           the
           same
           Ambition
           ,
           which
           makes
           men
           very
           curious
           to
           know
           this
           Subject
           ,
           will
           make
           them
           very
           unwilling
           to
           hear
           any
           thing
           that
           may
           decide
           against
           themselves
           :
           And
           so
           such
           as
           writ
           upon
           it
           run
           a
           great
           risque
           of
           Displeasing
           those
           whom
           they
           intended
           to
           Satisfie
           .
           But
           my
           designe
           being
           to
           defend
           ,
           and
           inform
           my
           own
           Countrey
           ,
           I
           shall
           be
           little
           disappointed
           ,
           though
           I
           want
           praise
           and
           esteem
           ,
           since
           I
           do
           not
           deserve
           ,
           or
           expect
           either
           :
           And
           he
           is
           an
           unworthy
           man
           ,
           who
           does
           not
           think
           the
           serving
           his
           Countrey
           a
           sufficient
           Sallarie
           ,
           for
           greater
           Pains
           than
           I
           have
           here
           bestowed
           .
        
         
           Amongst
           those
           who
           are
           Supreme
           ,
           Kings
           have
           the
           Preference
           from
           Commonwealths
           ;
           and
           amongst
           Kings
           ,
           the
           Emperour
           is
           allowed
           the
           first
           place
           ,
           by
           the
           famous
           Ceremonial
           of
           Rome
           ,
           as
           succeeding
           to
           the
           Roman
           Emperours
           ,
           who
           are
           alleadged
           to
           have
           been
           Universal
           Monarchs
           ;
           Because
           in
           Scripture
           they
           are
           said
           to
           
             have
             taxed
             the
             whole
             world
          
           .
           
           And
           therefore
           the
           German
           and
           Italian
           Lawyers
           ,
           who
           are
           subject
           to
           the
           Empyre
           ,
           have
           with
           very
           much
           Flattery
           ,
           asserted
           that
           the
           Emperour
           is
           the
           Vicar
           of
           GOD
           in
           Temporals
           ,
           
             Bald.
             in
             l.
          
           1.
           
             c.
             de
             Iure
             aur
             .
             an
             .
          
           And
           that
           Jurisdictions
           are
           derived
           from
           him
           ,
           as
           from
           the
           Fountain
           ;
           calling
           him
           ,
           
             Dominum
             &
             Caput
             totius
             Orbis
          
           :
           And
           for
           this
           they
           do
           very
           impertinently
           cite
           several
           Texts
           of
           the
           Civil
           Law
           ,
           which
           being
           Laws
           made
           by
           the
           Romans
           themselves
           ,
           cannot
           bind
           or
           prove
           against
           other
           Nations
           .
           Nor
           is
           the
           Translation
           of
           the
           old
           Roman
           Dignity
           upon
           
             Charles
             le
             maigne
          
           by
           Leo
           the
           3.
           of
           greater
           Authority
           ,
           amongst
           such
           as
           acknowledge
           the
           Pope
           to
           be
           no
           infallible
           Judge
           .
           And
           whatever
           may
           be
           debated
           against
           other
           Kingdoms
           ,
           which
           were
           once
           Subject
           to
           the
           Roman
           Empyre
           ;
           Yet
           his
           Plea
           against
           Scotland
           is
           very
           ill
           founded
           ,
           since
           in
           the
           opinion
           of
           Scalliger
           ,
           and
           the
           best
           of
           Historians
           ,
           Scotland
           nor
           its
           Kings
           were
           never
           subject
           to
           the
           Roman
           Empyre
           ,
           nor
           conquered
           by
           them
           ;
           for
           they
           ,
           to
           defend
           themselves
           against
           the
           Scots
           ,
           were
           forced
           to
           build
           a
           Wall
           ,
           called
           
             Vallum
             Adriani
          
           ,
           which
           is
           Extant
           to
           this
           day
           as
           an
           undenyable
           Proof
           ,
           that
           Scotland
           did
           set
           Limits
           to
           the
           Roman
           Empyre
           :
           And
           thus
           as
           Scalliger
           observes
           ,
           
             Romani
             Imperii
             fuit
             olim
          
           Scotia
           limes
           .
        
         
           It
           is
           likewise
           pretended
           by
           the
           German
           Lawyers
           ,
           that
           the
           Emperour
           ought
           to
           precede
           all
           others
           ;
           because
           he
           is
           crowned
           with
           three
           Crowns
           ,
           one
           of
           Iron
           at
           Aquisgrane
           ,
           one
           of
           Silver
           at
           Milan
           ,
           and
           one
           of
           Gold
           at
           St.
           Peters
           Church
           ,
           
             Gloss.
             ad
             Clement
          
           .
           1.
           
           And
           since
           the
           King
           of
           the
           Romans
           who
           is
           but
           Emperour
           in
           hope
           ,
           debates
           with
           other
           Kings
           ,
           as
           in
           anno
           1533.
           he
           who
           is
           actual
           Emperour
           ,
           ought
           to
           be
           preferred
           to
           them
           .
        
         
           For
           the
           Emperour
           it
           is
           also
           pretended
           ,
           That
           in
           the
           Ottomon
           Court
           ,
           and
           in
           all
           other
           Courts
           ,
           the
           Emperours
           Ambassadors
           are
           still
           preferred
           ,
           and
           that
           he
           only
           is
           still
           styled
           ,
           
             your
             Majesty
          
           ,
           in
           all
           Adresses
           made
           to
           him
           by
           all
           other
           Kings
           ,
           as
           by
           
             France
             ,
             anno
          
           1628.
           by
           
             Pole
             ,
             anno
          
           1621.
           &c.
           
           And
           that
           the
           Kings
           of
           
             Pole
             ,
             Sweden
             ,
             Denmark
          
           ,
           and
           others
           have
           taken
           Confirmations
           from
           him
           ,
           
             &
             ab
             eo
             petierunt
             veniam
             aetatis
             ,
             Hering
             .
             de
             fidejus
             .
             c.
          
           2.
           
           And
           yet
           the
           Kings
           of
           Britain
           and
           France
           may
           debate
           the
           precedency
           with
           him
           ,
           because
           the
           Empyre
           is
           but
           Elective
           ,
           whereas
           they
           are
           Hereditary
           ,
           the
           Empyre
           is
           a
           Limited
           ,
           but
           they
           have
           Absolute
           Monarchies
           ,
           
             vide
             Peregrin
             .
             de
             jur
             .
             fise
             .
             tit
             .
          
           1.
           num
           .
           47.
           
        
         
           The
           French
           King
           debates
           his
           precedency
           with
           the
           King
           of
           Spain
           ;
           the
           Spaniard
           contending
           that
           he
           ought
           to
           be
           preferred
           ,
           because
           he
           is
           the
           most
           Catholick
           King
           ,
           and
           King
           of
           maniest
           Kingdoms
           ;
           and
           some
           of
           them
           are
           so
           foolish
           as
           to
           say
           ,
           That
           the
           Spainish
           Nation
           is
           more
           ancient
           than
           the
           French
           ,
           as
           owing
           their
           Origin
           to
           Athamaricus
           ,
           one
           of
           the
           first
           Governours
           amongst
           the
           Goths
           .
           But
           for
           the
           French
           it
           is
           answered
           ,
        
         
           1.
           
           That
           they
           are
           the
           most
           Christian
           Kings
           .
        
         
           2.
           
           That
           they
           are
           Consecrated
           and
           Anoynted
           .
        
         
           3.
           
           That
           Swardus
           was
           first
           King
           of
           that
           Nation
           ,
           in
           the
           Reign
           of
           Alexander
           the
           Great
           .
        
         
           4.
           
           That
           they
           were
           preferred
           in
           many
           General
           Councils
           to
           the
           Spaniards
           ,
           as
           in
           the
           Lateran
           Council
           ,
           anno
           1215.
           in
           the
           Council
           of
           
             Constans
             ,
             anno
          
           1416.
           and
           in
           the
           Council
           of
           
             Basil
             ,
             anno
          
           1433.
           
           That
           the
           Venetians
           preferred
           the
           French
           after
           much
           Debate
           ,
           anno
           1558.
           the
           Case
           being
           submitted
           by
           both
           to
           that
           Senate
           ;
           and
           Pius
           the
           IV.
           preferred
           him
           at
           
             Rome
             ,
             anno
          
           1564.
           the
           King
           of
           Spain
           having
           appealed
           from
           the
           Venetian
           to
           him
           .
           
           And
           though
           the
           Emperour
           has
           of
           late
           decided
           in
           favours
           of
           Spain
           ,
           yet
           that
           Decision
           is
           little
           considered
           ,
           because
           of
           the
           Relation
           which
           the
           Emperour
           has
           to
           the
           Spainish
           Crown
           ;
           And
           therefore
           the
           French
           King
           does
           very
           wisely
           send
           only
           Envoys
           and
           Residents
           to
           the
           Imperial
           Court
           ,
           lest
           if
           he
           sent
           Ambassadours
           ,
           the
           Spainiards
           might
           be
           preferred
           to
           his
           .
           Nor
           was
           this
           Precedency
           ever
           acclaimed
           by
           the
           Spaniard
           ,
           till
           the
           Reign
           of
           Charles
           the
           V.
           who
           being
           both
           Emperour
           and
           King
           of
           Spain
           ,
           did
           begin
           this
           Debate
           ;
           which
           after
           many
           Contests
           ,
           the
           Spainiard
           has
           at
           last
           ceded
           ,
           having
           commanded
           his
           Ambassadour
           ,
           the
           Marquess
           
             de
             la
             Fuente
          
           ,
           to
           acknowledge
           the
           same
           to
           the
           most
           Christian
           King
           ,
           in
           Satisfaction
           of
           the
           Injury
           done
           to
           his
           Ambassadour
           ,
           in
           anno
           1661.
           at
           London
           .
        
         
           The
           King
           of
           Great
           Britain
           founds
           his
           Precedency
           to
           both
           ,
           upon
           1.
           
           His
           being
           King
           of
           that
           Isle
           ,
           which
           was
           first
           Christian.
           2.
           
           Upon
           his
           being
           Anointed
           ,
           and
           one
           of
           the
           
             quatuor
             Vncti
          
           ,
           which
           were
           before
           all
           other
           Kings
           .
           3.
           
           That
           having
           conquered
           France
           ,
           in
           the
           time
           of
           Henry
           the
           V.
           he
           has
           Right
           to
           all
           the
           Precedency
           which
           France
           can
           acclaim
           .
           And
           to
           Spain
           ,
           the
           King
           of
           England
           was
           preferred
           in
           the
           General
           Councils
           of
           
             Pisa
             ,
             Constans
          
           ,
           and
           Basil.
           I
           find
           likewise
           in
           
             Golstad
             .
             lib.
          
           1.
           cap.
           30.
           
           That
           Pope
           Iulius
           the
           II.
           decided
           ,
           after
           debate
           ,
           in
           favours
           of
           Henry
           the
           II.
           King
           of
           England
           ,
           against
           Ferdinand
           the
           V.
           
             Caspar
             .
             Eup.
             thesaur
             .
             polit
             .
             part
             .
          
           3.
           apot
           .
           63.
           
           And
           therefore
           in
           the
           Book
           of
           
             Roman
             Ceremonies
          
           ,
           1504.
           
           England
           was
           placed
           before
           Castil
           .
           nor
           can
           it
           be
           denyed
           ,
           but
           that
           Charles
           the
           V.
           in
           ranking
           the
           Knights
           of
           the
           
             Golden
             Fleece
          
           ,
           did
           give
           the
           right
           hand
           to
           the
           King
           of
           England
           ,
           and
           the
           left
           to
           the
           King
           of
           Spain
           .
           And
           though
           of
           late
           the
           Court
           of
           Rome
           has
           decided
           in
           favours
           of
           Spain
           ,
           yet
           that
           proceeds
           from
           the
           dislike
           that
           Rome
           had
           to
           England
           for
           its
           Separation
           ,
           and
           the
           great
           Esteem
           which
           dayly
           grows
           there
           for
           Spain
           ;
           because
           Spain
           has
           never
           indulged
           any
           who
           have
           left
           the
           Romish
           Church
           .
        
      
       
         
           CHAP.
           II.
           Of
           the
           Precedency
           due
           to
           the
           Kings
           of
           SCOTLAND
           .
        
         
           I
           Must
           here
           crave
           Leave
           to
           say
           ,
           That
           the
           King
           of
           Great
           Britain
           may
           justly
           claim
           the
           Precedency
           from
           all
           those
           Kings
           ,
           as
           he
           is
           properly
           King
           of
           Scotland
           .
           For
           it
           is
           an
           uncontroverted
           Ground
           in
           Law
           ,
           
             That
             amongst
             those
             of
             equal
             Dignity
             ,
             he
             ,
             who
             first
             attained
             to
             that
             Dignity
             ,
             is
             to
             be
             preferred
             ,
             L.
          
           1.
           
           
             C.
             de
             Consul
             .
             Quis
             enim
             prior
             esse
             debet
             in
             eodem
             genere
             Dignitatis
             ,
             nisi
             qui
             prior
             eum
             adeptus
             est
             ,
             L.
          
           1.
           
             ff
             .
             de
             albo
             scribendo
          
           .
           With
           which
           agrees
           the
           Canon
           Law
           ,
           Cap.
           1.
           
             de
             major
             .
             &
             ob
          
           .
           And
           this
           is
           declared
           the
           uncontraverted
           Test
           of
           Precedency
           ,
           by
           
             Crus
             ,
             de
             jur
             .
             preced
             .
             pag.
          
           66.
           
           
             Menoch
             .
             concil
          
           .
           51.
           
           
             &
             Cuj
             .
             ad
             L.
          
           2.
           
           
             C.
             de
             Consul
          
           .
           And
           
           we
           see
           that
           this
           Rule
           holds
           in
           all
           other
           Dignities
           ,
           without
           respect
           to
           Riches
           ,
           or
           multitude
           of
           Possessions
           :
           And
           thus
           amongst
           Dukes
           or
           Earles
           in
           all
           Nations
           ,
           the
           first
           who
           attained
           to
           the
           Dignity
           ,
           is
           still
           preferred
           ;
           though
           others
           be
           much
           richer
           ,
           and
           have
           suceeded
           to
           moe
           Earldoms
           .
        
         
           This
           being
           then
           the
           true
           and
           solid
           Ground
           of
           Preference
           ,
           I
           may
           truly
           subsume
           ,
           That
           the
           King
           of
           Scotland
           being
           equall
           in
           Dignity
           ,
           with
           the
           Kings
           of
           
             England
             ,
             France
          
           ,
           and
           Spain
           ,
           attained
           to
           that
           Dignity
           ,
           before
           either
           of
           these
           .
           For
           our
           King
           Fergus
           came
           into
           Scotland
           330.
           years
           before
           the
           birth
           of
           CHRIST
           ;
           Whereas
           Polydor
           an
           English
           Historian
           ,
           confesses
           that
           Egbert
           the
           first
           King
           of
           England
           ,
           did
           begin
           his
           Reign
           eight
           hundred
           years
           after
           our
           Saviours
           birth
           ,
           and
           the
           King
           of
           Scotland
           marryed
           the
           daughter
           of
           
             Ambrosius
             Aurelius
          
           ,
           who
           was
           the
           first
           King
           of
           the
           Britans
           ,
           and
           whose
           Reign
           preceeded
           the
           Origin
           of
           the
           English
           Kingdom
           .
        
         
           As
           to
           the
           Monarchy
           of
           Spain
           ,
           and
           their
           Race
           of
           Kings
           ,
           they
           are
           no
           older
           than
           Rudolphus
           King
           of
           the
           Romans
           ,
           elected
           in
           the
           year
           1273.
           by
           whom
           the
           house
           of
           Austria
           did
           rise
           to
           this
           Dignity
           .
        
         
           As
           to
           the
           Kings
           of
           France
           who
           now
           Reign
           ,
           they
           are
           only
           descended
           from
           
             Hugh
             Capet
          
           ,
           who
           usurped
           that
           Throne
           in
           anno
           987.
           
           And
           not
           being
           descended
           of
           either
           the
           Carolovingian
           or
           Merovingian
           Races
           ,
           they
           cannot
           compet
           with
           our
           Kings
           ,
           Achaius
           King
           of
           Scotland
           having
           been
           contemporary
           with
           
             Charles
             le
             maigne
          
           ,
           the
           first
           of
           the
           Carolovingian
           Race
           ;
           and
           yet
           Achaius
           was
           but
           the
           65.
           of
           our
           Kings
           ,
           and
           the
           Leagues
           betwixt
           Achaius
           and
           the
           said
           Charles
           ,
           are
           asserted
           not
           only
           by
           our
           Historians
           and
           the
           French
           ,
           but
           confessed
           by
           all
           Strangers
           .
        
         
           To
           evite
           this
           Argument
           ,
           some
           Historians
           have
           of
           late
           asserted
           ,
           that
           we
           had
           no
           Kings
           before
           Fergus
           the
           II.
           and
           Cambden
           observes
           ,
           that
           the
           Scots
           were
           unknown
           till
           the
           dayes
           of
           Constantine
           the
           great
           ,
           which
           is
           a
           most
           unjust
           and
           groundless
           Calumnie
           ;
           since
           four
           Monastries
           of
           our
           Nation
           ,
           
             viz.
             Melrose
             ,
             Pluscarden
             ,
             Paisley
          
           and
           Scoon
           ,
           did
           keep
           constant
           and
           distinct
           Annals
           of
           all
           that
           past
           in
           this
           Nation
           ,
           after
           the
           Establishment
           of
           the
           Christian
           Religion
           ,
           which
           was
           in
           anno
           199.
           and
           have
           transmitted
           to
           us
           what
           was
           delivered
           to
           them
           ,
           by
           the
           pious
           and
           remarkable
           Christians
           of
           those
           first
           Ages
           of
           the
           World
           ,
           who
           ,
           as
           they
           were
           eye-witnesses
           of
           what
           past
           since
           our
           Christianity
           ,
           so
           are
           not
           to
           be
           presumed
           to
           have
           recorded
           any
           thing
           of
           what
           preceeded
           their
           own
           age
           ,
           without
           sufficient
           Warrand
           :
           And
           as
           it
           is
           incredible
           ,
           that
           so
           Sincere
           and
           Pious
           men
           would
           have
           lyed
           ,
           so
           it
           is
           not
           imaginable
           ,
           that
           so
           many
           Societies
           would
           have
           conspyred
           together
           ,
           in
           a
           whole
           Tract
           of
           so
           circumstantiat
           a
           History
           as
           ours
           is
           ;
           and
           there
           can
           be
           nothing
           brought
           to
           convell
           the
           Faith
           of
           so
           large
           a
           History
           ,
           but
           what
           may
           ,
           with
           the
           same
           force
           ,
           be
           urged
           against
           the
           whole
           Roman
           History
           ,
           few
           or
           none
           having
           related
           what
           is
           said
           in
           the
           Roman
           History
           ,
           besides
           the
           Romans
           themselves
           :
           Whereas
           Galdus
           (
           or
           as
           Tacitus
           names
           him
           ,
           Galgacus
           )
           opposed
           Agricola
           under
           Domitian
           ;
           and
           that
           he
           was
           a
           Scot
           ,
           is
           clear
           by
           Lipsius
           Notes
           upon
           that
           Place
           ,
           
             Egregium
             membrum
             ,
             &
             qualta
             multa
             in
             corpore
             hujus
             Orationis
             Galgaci
             Scoti
          
           :
           But
           the
           Text
           makes
           this
           most
           clear
           to
           me
           ,
           for
           this
           Discourse
           is
           said
           to
           have
           been
           made
           ,
           
             ad
             montem
             Grampium
          
           ,
           which
           is
           known
           to
           be
           a
           Scottish
           Tract
           of
           Hills
           ,
           dividing
           the
           North
           and
           South
           of
           
             Scotland
             .
             Hegesippus
          
           ,
           who
           lived
           in
           the
           dayes
           of
           Hadrian
           the
           Emperour
           ,
           and
           so
           an
           hundred
           and
           ten
           years
           before
           Constantine
           ▪
           does
           write
           of
           the
           Scots
           as
           a
           warlike
           People
           ,
           to
           whose
           Authority
           
           Cambden
           can
           make
           no
           answer
           ,
           but
           that
           he
           contraverts
           the
           Authority
           of
           the
           Translation
           or
           Impression
           ;
           by
           which
           answer
           ,
           all
           Antiquity
           may
           be
           confounded
           ;
           and
           seing
           that
           Translation
           was
           the
           work
           of
           St.
           Ambrose
           ,
           it
           cannot
           but
           be
           above
           all
           censure
           .
           Claudian
           does
           make
           the
           Scots
           to
           have
           Reigned
           in
           the
           dayes
           of
           Honorius
           ,
           for
           in
           his
           second
           Consulat
           he
           has
           ,
           
             
               —
               Scotumque
               vago
               mucrone
               sequutus
            
             
               ●regit
               Hiperboreas
               ,
               remis
               audacibus
               ,
               undas
               .
            
          
        
         
           And
           in
           another
           place
           he
           sayes
           ,
           
             Scotorum
             cumulos
             flevit
             glacialis
             Iernae
             .
          
           And
           William
           of
           Westminster
           confesses
           ,
           That
           we
           came
           into
           Britain
           in
           the
           77.
           year
           after
           CHRIST
           :
           Beda
           likewise
           another
           English
           man
           ,
           makes
           us
           to
           have
           been
           in
           this
           Isle
           ,
           before
           the
           dayes
           of
           
             Iulius
             Caesar.
          
           And
           as
           it
           cannot
           be
           denyed
           ,
           that
           we
           were
           still
           subject
           to
           Monarchy
           ,
           so
           no
           Historian
           can
           pretend
           ,
           that
           we
           obeyed
           any
           Race
           ,
           save
           that
           which
           now
           Reigns
           :
           Whereas
           we
           can
           condescend
           ,
           where
           the
           English
           and
           French
           were
           conquered
           by
           Strangers
           ,
           and
           had
           their
           Royal
           Line
           dethroned
           ,
           and
           inverted
           .
        
         
           Another
           Ground
           of
           Precedency
           may
           be
           adduced
           for
           the
           King
           of
           Scotland
           ,
           from
           his
           being
           the
           undoubted
           Lineal
           Sucessour
           of
           110.
           kings
           :
           whereas
           the
           Lyne
           of
           France
           runs
           no
           higher
           than
           
             Hugh
             Capet
          
           ,
           who
           lived
           in
           anno
           987.
           and
           did
           in
           that
           time
           dethrone
           the
           former
           Race
           :
           The
           kings
           of
           Spain
           ,
           are
           only
           descended
           from
           the
           Counts
           of
           Tierstiem
           .
           And
           the
           present
           kings
           of
           England
           are
           descended
           from
           William
           the
           Conquerour
           .
           So
           that
           whatever
           may
           be
           pretended
           for
           the
           Antiquity
           of
           those
           kingdoms
           ,
           yet
           their
           kings
           are
           not
           so
           ancient
           as
           ours
           :
           and
           Precedency
           ought
           to
           be
           given
           ,
           amongst
           Equals
           ,
           to
           the
           Eldest
           Race
           ,
           and
           not
           to
           the
           eldest
           Kingdom
           .
           In
           such
           Dignities
           ,
           the
           preference
           must
           be
           given
           ,
           either
           according
           to
           the
           Antiquity
           of
           the
           People
           or
           Countrey
           ,
           or
           Race
           which
           Reigns
           there
           .
           If
           the
           Countrey
           be
           considered
           ,
           there
           can
           be
           no
           Precedency
           acclaimed
           by
           any
           ;
           for
           as
           all
           countreys
           were
           created
           at
           the
           same
           time
           ,
           so
           none
           can
           know
           which
           of
           these
           kingdoms
           were
           first
           inhabited
           :
           and
           that
           none
           can
           be
           preferred
           upon
           the
           Antiquity
           or
           Riches
           of
           their
           countrey
           ,
           is
           clearly
           determined
           by
           Lawyers
           ,
           
             Regionis
             ,
             Locique
             ,
             cui
             Principes
             praesunt
             ,
             ratio
             ,
             &
             sic
             de
             eorum
             locorum
             praestantia
             ,
             veterum
             elogia
             necquicquam
             ad
             praecedentiam
             faciunt
             ,
             Gothofred
             .
             de
             praeced
             .
             cap.
          
           3.
           num
           .
           30.
           
           If
           we
           consider
           the
           Antiquity
           of
           the
           People
           ,
           who
           are
           commanded
           ,
           though
           that
           could
           give
           Precedency
           to
           them
           ,
           or
           to
           any
           who
           represented
           them
           ,
           yet
           that
           ought
           not
           to
           give
           precedency
           to
           the
           king
           ;
           for
           ,
           
             principum
             precedentia
             metienda
             est
             ex
             sua
             dignitate
             ,
             non
             extra
             :
          
           And
           the
           Learned
           
             Speronius
             Speronii
          
           ,
           hath
           proved
           this
           in
           a
           large
           Discourse
           ,
           written
           in
           the
           Italian
           Tongue
           ;
           but
           if
           this
           be
           considered
           as
           a
           ground
           of
           precedency
           ,
           then
           we
           ought
           to
           be
           preferred
           to
           the
           English
           ;
           for
           we
           are
           still
           the
           same
           People
           and
           Nation
           ,
           but
           the
           English
           are
           not
           the
           old
           Britans
           ,
           but
           are
           a
           mixture
           descending
           from
           
             Danes
             ,
             Saxons
          
           ,
           and
           French
           :
           And
           so
           we
           being
           the
           Eldest
           People
           ,
           our
           King
           ought
           to
           have
           the
           precedency
           upon
           that
           account
           .
           Even
           as
           our
           king
           was
           preferred
           to
           the
           late
           kings
           of
           Ierusalem
           ,
           though
           they
           commanded
           the
           people
           who
           now
           live
           in
           Iudea
           ,
           and
           who
           came
           in
           place
           of
           the
           ancient
           Iews
           ,
           a
           kingdom
           very
           ancient
           formerly
           .
           But
           the
           Antiquity
           of
           the
           Race
           that
           Reigns
           ,
           is
           the
           ground
           of
           precedency
           :
           For
           this
           reason
           it
           is
           ,
           that
           the
           elder
           brother
           succeeds
           ,
           without
           respect
           to
           the
           Greatness
           of
           Estate
           ,
           
           or
           Antiquity
           of
           those
           whom
           he
           commands
           .
           And
           though
           these
           considerations
           give
           preference
           
             inter
             impares
             dignitate
          
           ,
           yet
           
             inter
             pares
             dignitate
             ,
             familia
             quae
             prior
             dignitatent
             est
             adepta
             ,
             semper
             praeferenda
             in
             incedendo
             ,
             sedendo
             ,
             &c.
             Menoch
             .
             consil
             .
          
           902.
           num
           .
           57.
           
           
             Rebuff
             .
             ad
             l.
          
           1.
           
             c.
             de
             consul
             .
             Platea
             ad
             l.
          
           2.
           
             c.
             ut
             dignit
             .
             ordo
          
           .
           And
           since
           it
           shall
           be
           proved
           ,
           even
           from
           Forreign
           Histories
           cited
           in
           this
           Chapter
           ,
           that
           we
           had
           Kings
           before
           any
           of
           the
           Races
           now
           Reigning
           in
           either
           of
           these
           ,
           our
           Kings
           ought
           to
           be
           preferred
           to
           them
           .
        
         
           Since
           Christianity
           was
           established
           ,
           Christian
           Princes
           have
           been
           preferred
           according
           to
           the
           date
           of
           their
           having
           received
           the
           Christian
           Faith
           ,
           
             Gothofred
             .
             de
             jur
             .
             praeced
             .
             cap.
          
           3.
           num
           .
           23.
           
           
             Grotius
             de
             jur
             .
             bel
             .
             lib.
             .
          
           2.
           cap.
           5.
           and
           that
           is
           the
           chief
           Ground
           of
           Precedency
           observed
           in
           the
           Court
           of
           Rome
           ,
           and
           especially
           in
           general
           Councils
           ;
           but
           I
           conceive
           it
           ought
           not
           to
           be
           a
           Ground
           of
           Precedency
           any
           where
           else
           ,
           since
           amongst
           Equals
           ,
           the
           Antiquity
           of
           Blood
           ought
           to
           be
           preferred
           to
           the
           date
           of
           Christianity
           ;
           Christianity
           rather
           discharging
           all
           Care
           for
           Precedency
           :
           But
           even
           according
           to
           this
           Rule
           ,
           the
           eldest
           Christian
           Race
           ought
           to
           be
           preferred
           ,
           Religion
           having
           still
           Respect
           to
           Christian
           parents
           ;
           whereas
           on
           the
           other
           hand
           ,
           it
           is
           of
           no
           advantage
           to
           any
           person
           ,
           that
           he
           succeeds
           to
           an
           Estate
           which
           was
           formerly
           possest
           by
           Christians
           ,
           these
           having
           no
           Connection
           with
           one
           another
           :
           and
           a
           man
           should
           by
           the
           same
           Rule
           be
           preferred
           ,
           because
           he
           dwells
           in
           a
           house
           where
           Christianity
           was
           first
           professed
           ,
           which
           were
           in
           it self
           very
           ridiculous
           :
           And
           if
           the
           first
           Christian
           Race
           be
           allowed
           the
           Preference
           ,
           the
           King
           of
           Scotland
           ought
           to
           be
           preferred
           ;
           for
           Donald
           King
           of
           Scots
           imbraced
           the
           Christian
           Faith
           in
           anno
           199.
           before
           either
           William
           the
           Conquerour
           succeded
           to
           England
           ,
           or
           
             Hugh
             Capet
          
           to
           France
           ,
           and
           long
           before
           Spain
           obeyed
           this
           Race
           of
           Monarchs
           ;
           for
           which
           we
           can
           cite
           not
           only
           our
           own
           Historians
           ,
           but
           
             Baronius
             ad
             annum
          
           449.
           
           Duchesne
           ,
           and
           many
           others
           ,
           and
           particularly
           Beda
           and
           Polidor
           ,
           the
           worthiest
           of
           English
           Historians
           .
           Beda
           relates
           ,
           That
           
             imbuebantur
             a
             Scotis
             parvuli
             Anglorum
             ,
             quin
             &
             ipse
             Alsridus
             Anglorum
             Rex
             ,
             in
             Insulis
             Scotorum
             operam
             dedit
             ,
             &
             sacras
             Literas
             didicit
             ,
             lib.
          
           3.
           
             hist.
             c.
          
           27.
           
           
             Reges
             Angliae
             cupidi
             salutis
             aeternae
             ,
             Legatos
             ad
             Eugenium
             quartum
             Scotorum
             Regem
             miserunt
             ,
             ut
             ille
             digneretur
             Viros
             idoneos
             mittere
             ,
             per
             quos
             illi
             Christianae
             Fidei
             Rudimenta
             docerentur
             ,
             &
             sacro
             Baptismatis
             fonte
             abluerentur
             ,
             quod
             ille
             haud
             gravate
             indulsit
             .
          
           Which
           clears
           fully
           ,
           that
           our
           Kings
           were
           Christian
           before
           those
           of
           England
           ,
           and
           so
           ought
           to
           be
           preferred
           to
           the
           Kings
           of
           England
           ,
           by
           their
           own
           Arguments
           ,
           and
           their
           own
           Authors
           .
        
         
           King
           Donalds
           Conversion
           is
           attested
           by
           Bellar.
           in
           his
           Answer
           to
           King
           Iames
           ,
           by
           
             Barronius
             ,
             ad
             annum
          
           429.
           
           
             Sanderus
             lib.
          
           4.
           
             de
             clav
             .
             David
             Arnoldus
             de
             conversione
             Gentium
             ,
             &c.
             
          
           And
           since
           King
           Donald
           was
           before
           Fergus
           the
           second
           ,
           it
           appears
           clearly
           ,
           even
           from
           Forreign
           Histories
           ,
           that
           we
           had
           Kings
           before
           Fergus
           the
           II.
           .
        
         
           I
           cannot
           deny
           ,
           but
           that
           in
           the
           Council
           of
           
             Constans
             ,
             England
          
           and
           France
           were
           preferred
           to
           Scotland
           :
           but
           that
           proceeded
           ,
           as
           Gothofred
           .
           observes
           ,
           from
           the
           partiality
           of
           the
           Church
           of
           Rome
           ,
           which
           alwayes
           preferred
           those
           who
           were
           able
           to
           do
           them
           most
           Service
           ;
           but
           if
           we
           consider
           the
           Principles
           of
           the
           Christian
           Religion
           :
           according
           to
           these
           ,
           that
           Race
           ought
           to
           be
           preferred
           ,
           whose
           Title
           is
           justest
           ;
           and
           I
           am
           sure
           ,
           that
           according
           to
           this
           Rule
           ,
           Scotland
           ought
           to
           be
           preferred
           ,
           for
           its
           Kings
           have
           not
           Usurped
           over
           the
           People
           which
           they
           Governed
           .
           And
           not
           only
           does
           Religion
           consider
           this
           
           ground
           of
           Preference
           ,
           as
           suteable
           to
           Devotion
           ;
           but
           the
           Law
           considereth
           it
           ,
           as
           suteable
           to
           Justice
           :
           And
           Lawyers
           have
           therefore
           thought
           a
           Succession
           of
           Kings
           ,
           enjoying
           a
           just
           Title
           ,
           free
           from
           Violence
           and
           Tyrrany
           ,
           one
           of
           the
           chief
           Grounds
           of
           Preference
           and
           Precedency
           .
           And
           thus
           
             Vasquez
             .
             in
             praefat
             .
             ad
             illustres
             questiones
             ,
          
           sayes
           ,
           That
           
             multum
             ad
             nobilitatem
             &
             praelationem
             confert
             ,
             ex
             veris
             &
             legittimis
             Regibus
             ,
             &
             non
             a
             Tyrannis
             descendisse
             .
          
        
         
           Nor
           does
           the
           Custome
           either
           of
           Courts
           or
           Councils
           ,
           invert
           the
           Precedency
           which
           is
           founded
           upon
           Antiquity
           ,
           and
           the
           right
           of
           Blood
           ,
           from
           which
           Consuetude
           cannot
           derogat
           in
           the
           matter
           of
           Precedency
           ,
           since
           that
           Consuetude
           is
           only
           respected
           in
           Law
           ,
           
             quae
             in
             se
             rationabilis
             juri
             nec
             naturae
             nec
             gentium
             contrariatur
             :
          
           And
           likewayes
           since
           this
           matter
           of
           Precedency
           is
           setled
           by
           Lawyers
           ,
           upon
           these
           solid
           Foundations
           ,
           for
           securing
           the
           publick
           Peace
           and
           Interest
           of
           mankind
           ,
           it
           were
           unjust
           that
           the
           same
           should
           be
           so
           easily
           overthrown
           by
           the
           Partiality
           of
           Interested
           Church-men
           ,
           or
           the
           Pride
           and
           Power
           of
           other
           Competing
           and
           Rival
           Princes
           ;
           and
           therefore
           to
           secure
           the
           Rights
           of
           Justice
           and
           Blood
           ,
           against
           all
           such
           Invasions
           ,
           Lawyers
           have
           unanimously
           concluded
           ,
           that
           
             Consuetudine
             induci
             non
             potest
             ut
             prior
             in
             dignitate
             praeferatur
             posteriori
             ,
             Crus
             .
             de
             praeemi
             .
             cap.
          
           12.
           
           Which
           Principle
           they
           so
           farr
           assert
           as
           to
           conclude
           ,
           that
           this
           could
           not
           be
           conceded
           even
           by
           express
           Paction
           ,
           
             Rumellin
             .
             dissert
          
           .
           1.
           thes
           .
           18.
           even
           though
           that
           Paction
           were
           confirmed
           by
           an
           Oath
           ,
           
             Rippa
             .
             ad
             l.
          
           3.
           
             ff
             .
             de
             donat
          
           .
           And
           albeit
           it
           may
           seem
           that
           every
           man
           may
           renounce
           that
           which
           is
           introduced
           in
           his
           own
           favours
           ;
           yet
           to
           this
           it
           is
           answered
           ,
           That
           men
           cannot
           renounce
           what
           is
           introduced
           in
           their
           own
           favours
           ,
           when
           that
           which
           they
           renounce
           was
           not
           principally
           introduced
           in
           their
           favours
           ,
           but
           arose
           to
           them
           necessarily
           ,
           by
           the
           Laws
           of
           Nature
           and
           Nations
           ,
           or
           was
           introduced
           principally
           ,
           in
           favours
           of
           the
           common
           interest
           of
           Mankind
           ,
           rather
           than
           of
           them
           ,
           and
           in
           which
           ,
           third
           parties
           would
           likewise
           be
           concerned
           :
           All
           which
           is
           clear
           not
           only
           by
           the
           principles
           of
           Reason
           ,
           but
           by
           L.
           3.
           
             ff
             .
             de
             pactis
          
           ,
           and
           it
           cannot
           be
           denyed
           ,
           but
           that
           the
           Precedency
           from
           the
           Antiquity
           of
           blood
           ,
           is
           no
           such
           private
           Right
           as
           may
           be
           renounced
           ,
           it
           being
           a
           priviledge
           not
           given
           by
           Law
           ,
           but
           arising
           from
           nature
           ,
           
             Lex
             non
             data
             ,
             sed
             nata
             ,
          
           and
           introduced
           for
           regulating
           the
           common
           Interests
           of
           mankind
           ,
           and
           preventing
           their
           differences
           or
           oppressions
           ;
           whereas
           how
           unfortunate
           or
           irregular
           should
           men
           be
           ?
           if
           subjects
           might
           force
           their
           Magistrates
           ,
           or
           younger
           brothers
           the
           Elder
           ,
           or
           stronger
           Princes
           the
           weaker
           ,
           to
           Renounce
           by
           Paction
           ,
           or
           might
           serue
           from
           them
           by
           Custom
           and
           Inadvertance
           ,
           the
           Seniority
           and
           Precedency
           due
           to
           them
           ;
           whereas
           now
           ,
           the
           impossibility
           of
           prevailing
           in
           such
           Designes
           ,
           takes
           happily
           away
           all
           lusting
           after
           them
           ,
           and
           whatever
           may
           be
           ascribed
           to
           Consuetude
           or
           Decisions
           in
           that
           Precedency
           ,
           which
           because
           it
           sprung
           meerly
           from
           Custome
           ,
           may
           be
           regulated
           by
           it
           ,
           or
           in
           dubious
           Cases
           ,
           where
           a
           grain
           weight
           may
           cast
           a
           ballance
           ;
           yet
           I
           see
           no
           Law
           nor
           Reason
           that
           can
           be
           adduced
           ,
           for
           taking
           away
           by
           Decisions
           ,
           Negligence
           ,
           or
           Consuetude
           ,
           a
           clear
           right
           of
           Precedency
           ,
           founded
           upon
           the
           Antiquity
           of
           Blood.
           Especially
           since
           all
           who
           writ
           upon
           precedency
           are
           clear
           ,
           That
           no
           man
           can
           prejudge
           his
           Successors
           ,
           as
           to
           the
           precedency
           due
           to
           them
           by
           blood
           ,
           
             Licet
             positus
             in
             dignitate
             suo
             ipsius
             facto
             ,
             possit
             sibi
             prejudicium
             afferre
             ,
             non
             tamen
             praejudicare
             potest
             quoad
             successores
             suos
             ,
             Dec.
             consil
             .
          
           21.
           num
           .
           74.
           
             vid.
             Gothofred
             .
             de
             praeced
             .
             pag.
          
           55.
           
           
             Rub.
             decis
          
           .
           298.
           
             qui
             tradit
             ea
             quae
             a
             genere
             &
             natura
             tribuuntur
             ,
             non
             obstante
             facto
             majorum
             manent
             
             incolumia
             .
          
           Which
           Rule
           should
           rather
           hold
           in
           Kings
           than
           in
           any
           else
           ,
           because
           they
           are
           but
           Administrators
           .
           But
           in
           this
           case
           ,
           there
           is
           no
           Decision
           against
           our
           Kings
           ,
           nor
           have
           they
           ever
           consented
           to
           any
           such
           preference
           :
           And
           therefore
           whatever
           may
           be
           said
           for
           others
           ,
           against
           them
           ,
           in
           a
           possessory
           Judgement
           ,
           the
           matter
           of
           Right
           is
           still
           intire
           .
        
         
           Vasquez
           .
           the
           illustrious
           Spainish
           Lawyer
           ,
           did
           ,
           at
           the
           Council
           of
           Trent
           ,
           adduce
           several
           Arguments
           for
           the
           precedency
           of
           the
           king
           of
           Spain
           ,
           which
           ,
           if
           they
           were
           well
           founded
           ,
           would
           I
           confess
           ,
           inferr
           a
           Precedency
           to
           England
           and
           France
           ,
           and
           which
           I
           shall
           the
           willinglier
           adduce
           and
           answer
           ,
           that
           I
           have
           heard
           them
           urged
           for
           France
           and
           Spain
           ,
           against
           the
           King
           of
           Britain
           ;
           and
           because
           they
           are
           the
           generall
           topicks
           and
           common
           places
           ,
           which
           are
           necessary
           to
           be
           known
           ,
           and
           understood
           for
           clearing
           not
           only
           the
           Precedency
           of
           Princes
           ,
           but
           even
           of
           the
           Nobility
           and
           Gentry
           .
        
         
           The
           first
           is
           ,
           That
           these
           who
           are
           most
           powerfull
           and
           greatest
           ,
           ought
           still
           to
           be
           preferred
           ,
           
             c.
             statuimus
             de
             major
             .
             &
             obed
             .
          
           and
           he
           must
           be
           accounted
           most
           powerful
           ,
           who
           is
           most
           powerfull
           ,
           the
           time
           of
           the
           debate
           :
           
             Nam
             qualitas
             adjecta
             verbo
             ,
             debet
             intelligi
             secundum
             tempus
             verbi
             ,
             l.
             in
             dilectis
             §
             si
             extraneas
             ff
             .
             de
             noxalibus
             .
          
        
         
           The
           second
           is
           ,
           That
           those
           who
           command
           the
           noblest
           and
           best
           Subjects
           ,
           are
           accounted
           the
           noblest
           and
           best
           ,
           
             Authent
             .
             de
             defensoribus
             civitatum
             §
             nos
             igitur
             .
          
        
         
           3.
           
           Riches
           are
           the
           rise
           and
           occasion
           of
           Dignity
           ,
           and
           therefore
           are
           the
           chief
           grounds
           of
           precedency
           amongst
           Equals
           .
        
         
           4.
           
           He
           is
           to
           be
           preferred
           in
           Dignity
           ,
           whom
           generally
           men
           esteem
           the
           greatest
           .
        
         
           5.
           
           Since
           Honour
           is
           the
           Reward
           of
           pains
           ,
           and
           dangers
           ,
           those
           who
           take
           most
           pains
           ,
           and
           are
           lyable
           to
           most
           dangers
           for
           Christendom
           ,
           and
           the
           Christian
           Faith
           ,
           ought
           to
           have
           the
           precedency
           ,
           in
           Christendom
           ,
           and
           amongst
           Christian
           Princes
           :
           And
           that
           pains
           and
           dangers
           are
           grounds
           of
           predency
           ,
           is
           urged
           from
           
             l.
             semper
             §
             negotiatores
             ff
             .
             de
             jur
             .
             immunitat
             .
          
        
         
           6.
           
           As
           all
           Goodness
           is
           the
           Nobler
           ,
           the
           more
           communicative
           it
           be
           ,
           so
           these
           must
           be
           concluded
           the
           Noblest
           ,
           by
           whom
           most
           people
           have
           advantage
           :
           and
           therefore
           these
           Kings
           ,
           under
           whom
           Trades
           flourish
           most
           ,
           and
           who
           bestow
           Sallaries
           upon
           ,
           and
           give
           a
           livelyhood
           to
           most
           men
           ,
           ought
           by
           Mankind
           to
           be
           preferred
           .
        
         
           To
           a'l
           which
           Arguments
           it
           is
           answered
           ,
           that
           if
           preference
           were
           to
           be
           given
           by
           choice
           ,
           and
           did
           not
           descend
           from
           the
           Right
           of
           Blood
           and
           Antiquity
           ,
           then
           the
           former
           Arguments
           were
           indeed
           considerable
           ,
           and
           ought
           to
           direct
           the
           Electors
           ;
           but
           where
           the
           Antiquity
           of
           Blood
           can
           be
           instructed
           ,
           it
           still
           gives
           precedency
           ,
           as
           is
           clear
           from
           the
           Authors
           above
           cited
           .
           And
           thus
           though
           we
           do
           confess
           ,
           that
           the
           Kingdoms
           of
           France
           and
           Spain
           ,
           and
           particularly
           the
           kingdom
           of
           England
           ,
           are
           Richer
           ,
           Greater
           ,
           and
           more
           Considerable
           upon
           these
           Accounts
           ,
           than
           Scotland
           is
           ;
           yet
           since
           the
           Race
           of
           our
           Kings
           is
           more
           Ancient
           than
           either
           of
           theirs
           ,
           I
           conclude
           ,
           That
           therefore
           they
           ought
           to
           be
           preferred
           .
        
      
       
         
         
           CHAP.
           III.
           That
           the
           CROWN
           of
           Scotland
           was
           not
           subject
           to
           England
           .
        
         
           SOme
           English
           Historians
           ,
           Lawyers
           ,
           and
           Heralds
           ,
           do
           too
           frequently
           abuse
           the
           World
           with
           a
           most
           Groundless
           Tradition
           ;
           by
           which
           they
           contend
           ,
           That
           the
           Kings
           of
           Scotland
           were
           Vassals
           to
           the
           Kings
           of
           England
           ,
           and
           did
           them
           Homage
           for
           the
           Crown
           of
           Scotland
           :
           Which
           if
           it
           were
           true
           ,
           would
           have
           taken
           from
           the
           Kings
           of
           Scotland
           ,
           not
           only
           the
           Precedency
           ,
           for
           which
           I
           have
           been
           debating
           ,
           but
           would
           have
           placed
           them
           after
           the
           Kings
           of
           Castile
           ,
           and
           many
           others
           to
           whom
           they
           were
           preferred
           .
           And
           therefore
           ,
           not
           only
           to
           remove
           this
           Objection
           ,
           but
           to
           free
           my
           Country
           from
           this
           most
           unjust
           Imputation
           ,
           I
           am
           Resolved
           (
           with
           very
           much
           Respect
           to
           the
           English
           Nation
           ,
           whose
           Wit
           ,
           Courage
           ,
           and
           Learning
           ,
           I
           very
           much
           esteem
           )
           to
           inform
           the
           Curious
           ,
           how
           unjust
           this
           pretence
           is
           ;
           and
           to
           which
           I
           have
           been
           not
           only
           inclined
           ,
           but
           forced
           ,
           upon
           the
           Reading
           of
           a
           Rapsodie
           printed
           lately
           ,
           by
           Mr.
           
             Prin
             ,
             in
             Vindication
          
           (
           as
           he
           speaks
           pag.
           487.
           )
           
             of
             the
             Dominion
             of
             the
             English
             Kings
             ,
             against
             the
             Vngrate
             ,
             Perfidious
             ,
             and
             Rebellious
             Kings
             of
          
           Scotland
           .
           In
           which
           none
           of
           the
           Learned
           or
           Discreet
           English
           are
           concerned
           ,
           since
           I
           find
           none
           who
           deserve
           that
           praise
           ,
           engaged
           in
           this
           Debate
           ,
           which
           has
           been
           agitated
           only
           by
           such
           of
           that
           excellent
           Nation
           ,
           as
           have
           had
           more
           Humor
           than
           Discretion
           .
           I
           deny
           not
           ,
           but
           that
           the
           Kings
           of
           Scotland
           did
           hold
           the
           Lands
           of
           
             Northumberland
             ,
             Cumberland
          
           ,
           and
           
             Westmerland
             ,
             in
             capite
          
           ,
           of
           the
           Crown
           of
           England
           ,
           and
           that
           they
           did
           them
           Homage
           for
           it
           ,
           which
           was
           not
           Dishonourable
           to
           Scotland
           ,
           that
           being
           most
           ordinary
           amongst
           Soveraigne
           Princes
           :
           For
           thus
           ,
           Henry
           King
           of
           England
           ,
           and
           severall
           others
           of
           their
           kings
           ,
           did
           Homage
           to
           Philip
           ,
           and
           other
           kings
           of
           France
           ,
           for
           the
           Provinces
           possest
           by
           them
           in
           France
           ;
           and
           the
           king
           of
           Spain
           does
           at
           this
           day
           Homage
           yearly
           to
           the
           Pope
           ,
           for
           Naples
           and
           Sicily
           .
           And
           yet
           the
           Homage
           done
           for
           these
           Countrys
           ,
           has
           been
           the
           occasion
           of
           an
           ignorant
           Mistake
           in
           some
           ,
           and
           a
           malicious
           pretext
           for
           others
           ,
           to
           misrepresent
           the
           Homage
           done
           for
           these
           Counties
           ,
           as
           done
           for
           the
           Kingdom
           of
           Scotland
           .
           And
           the
           Occasion
           of
           getting
           these
           Provinces
           from
           England
           ,
           is
           too
           Honourable
           to
           be
           denyed
           by
           us
           ;
           it
           being
           most
           undenyable
           ,
           That
           the
           Scots
           being
           called
           in
           to
           assist
           first
           the
           Britans
           against
           the
           Romans
           ,
           and
           thereafter
           the
           Saxons
           against
           the
           Danes
           ,
           they
           had
           these
           provinces
           bestowed
           upon
           them
           ,
           as
           a
           Reward
           of
           what
           they
           had
           done
           ,
           and
           an
           Encouragement
           to
           them
           to
           continue
           their
           Friendship
           for
           the
           future
           .
           And
           by
           a
           Statute
           made
           by
           St.
           Edward
           ,
           and
           ratified
           by
           William
           the
           Conquerour
           ,
           as
           Holinshed
           observes
           ,
           the
           Scots
           were
           for
           that
           Service
           likewise
           Naturalized
           English
           ,
           for
           which
           Naturalization
           that
           Statute
           gives
           two
           Reasons
           ,
           one
           ,
           
             quia
             omnes
             ferme
          
           Scoti
           
           
             Proceres
             ex
          
           Anglis
           
             conjuges
             coeperunt
             ;
             &
             ipsi
             rursus
             ex
             Scotis
          
           ;
           and
           the
           other
           was
           ,
           
             quia
             simul
             &
             in
             unum
             contra
             Danos
             ,
             &
             Norvegos
             atrocissime
             pugnaverunt
             .
          
           But
           that
           the
           kings
           of
           Scotland
           did
           hold
           the
           Crown
           of
           Scotland
           ,
           as
           Vassals
           of
           England
           ,
           or
           did
           Homage
           to
           the
           kings
           of
           England
           therefore
           ,
           will
           appear
           to
           be
           most
           false
           from
           the
           following
           Arguments
           ;
           which
           must
           not
           be
           tryed
           by
           the
           Law
           of
           England
           ,
           but
           by
           the
           Civil
           and
           Feudal
           Laws
           ,
           which
           are
           now
           become
           the
           Laws
           of
           Nations
           ,
           and
           are
           reverenc'd
           as
           the
           sole
           Judges
           in
           all
           Differences
           betwixt
           Nation
           and
           Nation
           ,
           and
           which
           must
           be
           presumed
           equal
           to
           both
           Nations
           ,
           since
           made
           by
           neither
           .
        
         
           1.
           
           All
           Lands
           are
           presumed
           to
           be
           free
           from
           Servitude
           ,
           except
           the
           Servitude
           be
           clearly
           instructed
           ;
           but
           much
           more
           are
           all
           kingdoms
           presumed
           to
           be
           free
           ,
           since
           
             ex
             natura
             rei
          
           ,
           kings
           and
           kingdoms
           are
           independent
           ,
           
             &
             qualitas
             quae
             inesse
             debet
             ,
             inesse
             presumitur
             ,
          
           ;
           and
           by
           how
           much
           the
           presumptions
           are
           strong
           ,
           by
           so
           much
           ought
           the
           probation
           ,
           which
           elids
           them
           be
           the
           stronger
           .
           And
           albeit
           all
           Domestick
           proof
           ought
           to
           be
           rejected
           in
           all
           cases
           ,
           as
           suspect
           and
           partial
           ;
           yet
           the
           English
           can
           adduce
           nothing
           ,
           for
           obtruding
           this
           Servitude
           upon
           us
           ,
           save
           the
           Testimonies
           of
           their
           own
           Historians
           ,
           Lawyers
           ,
           and
           Heralds
           .
        
         
           2.
           
           The
           Natural
           and
           Legal
           way
           of
           proving
           any
           man
           to
           be
           a
           Vassal
           ,
           is
           by
           production
           of
           the
           Feudal
           Contract
           ,
           betwixt
           the
           Superiour
           and
           Vassal
           ;
           all
           Feus
           requiring
           necessarily
           writ
           in
           their
           Constitution
           :
           Nor
           can
           Vassalage
           be
           legally
           prov'd
           otherwise
           ;
           whereas
           here
           the
           English
           can
           produce
           no
           formal
           ,
           nor
           original
           Constitution
           of
           this
           Fue
           ;
           such
           as
           is
           to
           be
           seen
           betwixt
           the
           Pope
           ,
           and
           the
           King
           of
           Spain
           ,
           the
           Emperour
           ,
           and
           the
           Princes
           of
           the
           Empyre
           ,
           &c.
           
           For
           all
           they
           can
           adduce
           ,
           is
           only
           posteriour
           acknowledgements
           of
           this
           Vassalage
           ,
           
             via
             facti
          
           ,
           which
           is
           but
           a
           begging
           of
           the
           question
           ;
           and
           these
           ,
           being
           but
           Accessories
           ,
           and
           Consequential
           Inferences
           ,
           cannot
           subsist
           ,
           except
           the
           original
           Constitution
           be
           first
           proved
           ,
           no
           more
           then
           the
           payment
           of
           Feu
           Duties
           to
           a
           Superiour
           ,
           either
           by
           Force
           ,
           Ignorance
           ,
           or
           Mistake
           ,
           could
           prove
           the
           Payer
           to
           be
           Vassal
           for
           the
           future
           ,
           except
           the
           originall
           Feu
           were
           produced
           :
           And
           as
           this
           is
           necessary
           in
           Law
           ,
           so
           it
           cannot
           be
           imagined
           in
           Reason
           ,
           but
           that
           some
           Obligation
           in
           Writ
           ,
           or
           Feudal
           Contract
           ,
           would
           have
           been
           taken
           by
           the
           English
           ,
           who
           were
           a
           very
           wise
           people
           ,
           and
           consulted
           very
           prudently
           their
           own
           Securities
           in
           every
           thing
           else
           :
           And
           if
           this
           Contract
           had
           been
           once
           entred
           into
           ,
           it
           had
           been
           yet
           extant
           ,
           since
           the
           English
           cannot
           alleadge
           ,
           that
           ever
           they
           lost
           any
           of
           their
           Monuments
           ,
           or
           Records
           :
           And
           it
           is
           clear
           that
           we
           had
           Charters
           for
           these
           Lands
           we
           held
           in
           England
           ,
           and
           that
           England
           had
           Charters
           at
           the
           same
           time
           ,
           for
           the
           Lands
           they
           held
           in
           France
           :
           And
           it
           is
           very
           observeable
           ,
           that
           in
           the
           Reign
           of
           King
           Edward
           the
           1.
           that
           King
           stiles
           himself
           ,
           
             Rex
             ,
             &
             superior
             Dominus
             Regni
             Scotiae
             ;
             ,
          
           during
           his
           violent
           Usurpation
           over
           Scotland
           ;
           whereas
           never
           any
           King
           of
           England
           did
           so
           formerly
           :
           And
           yet
           ,
           if
           they
           had
           had
           any
           such
           pretensions
           ,
           they
           had
           assumed
           the
           same
           Titles
           ;
           but
           this
           imaginary
           Title
           began
           ,
           and
           ended
           with
           the
           Force
           ,
           which
           only
           maintained
           it
           .
        
         
           3.
           
           The
           English
           cannot
           condescend
           upon
           any
           Reason
           ,
           which
           might
           have
           prevailed
           with
           the
           Scots
           ,
           to
           have
           become
           Vassals
           to
           England
           ,
           nor
           any
           particular
           time
           when
           they
           first
           became
           Vassalls
           ;
           and
           all
           they
           can
           alleadge
           is
           ,
           That
           upon
           some
           impressions
           of
           Force
           ,
           some
           of
           our
           own
           Kings
           being
           prisoners
           ,
           or
           some
           of
           our
           people
           being
           opprest
           ,
           they
           did
           elicite
           from
           them
           acknowledgements
           of
           a
           Vassalage
           ,
           formerly
           stated
           :
           Whereas
           Force
           ,
           renders
           all
           
           acknowledgements
           null
           ;
           and
           that
           these
           acknowledgements
           were
           null
           upon
           many
           other
           Accounts
           ,
           and
           that
           the
           Kings
           of
           England
           have
           been
           forced
           ,
           to
           grant
           the
           like
           to
           other
           Princes
           ,
           shall
           be
           proved
           clearly
           ,
           in
           answer
           to
           the
           Instances
           which
           the
           English
           adduce
           .
        
         
           4.
           
           Scotland
           has
           been
           habite
           ,
           and
           repute
           ,
           and
           acknowledged
           to
           be
           a
           free
           Monarchie
           ,
           and
           their
           Kings
           Independent
           and
           Supreme
           ;
           and
           that
           not
           only
           by
           all
           Forreign
           Princes
           ,
           (
           the
           best
           Judges
           in
           this
           Case
           )
           who
           have
           received
           and
           preferred
           their
           Ambassadours
           ,
           as
           the
           Ambassadours
           of
           free
           Princes
           ,
           but
           even
           in
           General
           Councils
           ,
           the
           King
           of
           Scotland
           has
           been
           preferred
           to
           the
           Kings
           of
           
             Castile
             ,
             Hungary
             ,
             Pole
             ,
             Navarr
             ,
             Cyprus
             ,
             Bohemia
             ,
             Denmark
          
           ;
           and
           thus
           they
           were
           ranked
           by
           Pope
           Iulius
           the
           II.
           anno
           1504.
           
             vid.
             Besold
             .
             sinop.
             doct
             .
             politicae
             .
             lib.
          
           20.
           cap.
           10.
           
           Which
           could
           not
           have
           been
           done
           ,
           if
           he
           had
           been
           only
           a
           Feudatory
           Prince
           ;
           since
           all
           free
           princes
           ,
           are
           preferred
           to
           all
           feudatory
           princes
           :
           Yea
           ,
           and
           if
           Scotland
           had
           been
           Vassals
           to
           England
           ,
           for
           the
           Crown
           of
           Scotland
           ,
           the
           Kings
           of
           England
           had
           certainly
           craved
           ,
           and
           obtained
           the
           precedency
           from
           other
           Kings
           upon
           that
           account
           ,
           since
           he
           had
           been
           
             Rex
             Regum
          
           .
           And
           since
           France
           craved
           to
           be
           preferred
           to
           Spain
           ,
           because
           the
           king
           of
           England
           was
           his
           Vassal
           ,
           as
           Chassanaeus
           observes
           ,
           part
           5.
           consider
           .
           19.
           so
           much
           rather
           ought
           the
           Kings
           of
           England
           to
           have
           been
           preferred
           ;
           because
           they
           might
           have
           alleadged
           ,
           that
           there
           was
           a
           Crown
           holden
           of
           them
           ,
           whereas
           they
           held
           only
           some
           Feu-Lands
           of
           the
           kings
           of
           France
           .
        
         
           5.
           
           Not
           only
           Christian
           Princes
           and
           Councils
           ,
           but
           even
           Popes
           have
           declared
           Scotland
           to
           be
           a
           Free
           Kingdom
           ,
           and
           Independent
           from
           England
           .
           And
           thus
           Pope
           Honorius
           allowed
           to
           Scotland
           ,
           That
           is
           Subjects
           should
           not
           be
           obliged
           to
           answer
           ,
           by
           way
           of
           Appeal
           ,
           to
           any
           Court
           without
           their
           own
           Kingdom
           ,
           
             salva
             solummodo
             authoritate
             sedis
             Apostolicae
          
           .
           2.
           
           Edward
           king
           of
           England
           having
           petitioned
           Pope
           Innocent
           the
           IV.
           that
           the
           Kings
           of
           Scotland
           might
           not
           be
           Anoynted
           or
           Crowned
           ,
           without
           his
           Knowledge
           ,
           
             quod
             non
             posset
             se
             facere
             ,
             ipso
             inscio
             in
             Regem
             coronari
             vel
             inungi
             ,
          
           the
           said
           Pope
           did
           refuse
           the
           same
           ,
           
             presentibus
             procuratoribus
             parium
             in
             Consilio
             Lugdunensi
             ,
             satis
             per
             hoc
             determinans
             Regnum
          
           Scotiae
           Regno
           Angliae
           
             non
             subesse
          
           .
           3.
           
           The
           King
           of
           England
           having
           likewise
           petitioned
           the
           same
           Pope
           Innocent
           ,
           that
           he
           might
           have
           Liberty
           to
           Collect
           the
           Tiths
           of
           Scotland
           ,
           since
           he
           had
           Right
           
             terrarum
             omnium
             suae
             jurisdictioni
             subjectarum
          
           ,
           the
           same
           was
           also
           refused
           .
           4.
           
           Pope
           Boniface
           the
           eight
           ,
           does
           in
           a
           Letter
           to
           Edward
           king
           of
           England
           ,
           Declare
           ,
           That
           
             ad
             celsitudinem
             regiam
             potuit
             pervenisse
             ,
             qualiter
             ab
             antiquis
             temporibus
             ,
             &c.
             quodque
             Regnum
          
           Scotiae
           
             (
             sicut
             accepimus
             )
             a
             progenitoribus
             tuis
             ,
             Regni
          
           Angliae
           
             Regibus
             feudale
             non
             extitit
             ,
             nec
             existit
             ,
             &c.
             
          
           The
           copy
           of
           which
           Letter
           I
           have
           at
           present
           .
           and
           Duchesne
           writing
           the
           History
           of
           Great
           Britain
           ,
           does
           ,
           pag.
           661.
           relate
           ,
           That
           
             le
             mesine
             Pape
             renvoya
             d'
             autres
             Lettres
             au
             roy
             d'
             Anglterre
             ,
             pour
             soustenir
             que
             le
             royaume
             de
             Escosse
             ne
             dependoit
             point
             d'
             Anglterre
             ,
             &
             que
             contre
             le
             droit
             Divin
             ,
             &
             la
             justice
             il
             s'
             en
             vindicoit
             la
             subjection
             .
          
           That
           is
           to
           say
           ,
           
             The
             same
             Pope
             sent
             Letters
             at
             the
             same
             time
             ,
             to
             the
             King
             of
             England
             ,
             in
             which
             he
             maintained
             ,
             That
             the
             Kingdom
             of
             Scotland
             was
             no
             way
             subject
             to
             that
             Kingdom
             ,
             and
             that
             his
             seeking
             to
             subject
             it
             to
             him
             as
             superiour
             ,
             was
             contrare
             to
             the
             Law
             of
             GOD
             and
             Men.
             
          
        
         
           6.
           
           By
           the
           Feudal
           Law
           and
           Law
           of
           Nations
           ,
           a
           Vassal
           cannot
           Mortifie
           any
           part
           of
           his
           Feu
           ,
           without
           the
           consent
           of
           his
           Superiour
           ;
           because
           the
           Superiour
           ,
           by
           the
           Mortification
           ,
           looses
           the
           Services
           due
           to
           him
           out
           of
           his
           
           Feu
           ,
           Church-men
           being
           obliged
           to
           no
           reddendo
           ,
           but
           
             Praeces
             &
             Vota
          
           :
           And
           therefore
           in
           all
           Mortifications
           made
           by
           Vassals
           ,
           the
           Superiours
           Confirmation
           is
           still
           required
           ;
           and
           it
           cannot
           be
           imagined
           ,
           but
           that
           if
           Scotland
           had
           been
           a
           Feu
           holding
           of
           England
           ,
           the
           Popes
           ,
           their
           Conclaves
           ,
           and
           the
           Monastries
           themselves
           ,
           would
           have
           sought
           Confirmations
           from
           the
           Kings
           of
           England
           ,
           of
           the
           Mortifications
           made
           by
           the
           Kings
           and
           Subjects
           of
           Scotland
           ,
           there
           being
           more
           Erections
           of
           that
           kind
           in
           Scotland
           ,
           than
           in
           any
           Nation
           of
           equal
           Revenue
           ;
           and
           yet
           never
           any
           such
           Confirmation
           was
           sought
           or
           pretended
           to
           :
           But
           on
           the
           contrare
           the
           Pope
           still
           confirms
           these
           Erections
           ,
           as
           made
           
             per
             Reges
             Scotiae
          
           ,
           as
           he
           does
           in
           all
           other
           Nations
           ,
           or
           the
           Kings
           of
           Scotland
           confirm
           these
           Erections
           ,
           if
           they
           be
           made
           by
           any
           of
           his
           Vassals
           :
           and
           it
           is
           observable
           ,
           that
           the
           Pope
           does
           in
           these
           Confirmations
           designe
           our
           King
           ,
           
             Regem
             Scotiae
          
           ,
           and
           not
           Scotorum
           .
        
         
           7.
           
           The
           Historians
           also
           of
           other
           nations
           ,
           did
           concurr
           with
           those
           of
           our
           Nation
           in
           asserting
           this
           freedom
           ;
           and
           thus
           Arnisaeus
           ,
           the
           best
           Lawyer
           who
           has
           writ
           upon
           these
           politick
           questions
           ,
           does
           look
           upon
           this
           pretence
           ,
           as
           a
           meer
           fiction
           ,
           lib.
           1.
           cap.
           5.
           
           
             Anglus
             Scotorum
             regem
             habebat
             sibi
             fiduciarium
             sive
             ratione
             aliquot
             regionum
             ,
             sive
             ratione
             ipsius
             regni
             ,
             ut
             nimis
             audacter
             asserit
             .
             Math.
             Steph.
             Nam
             haec
             vetustate
             temporis
             ,
             &
             obscuritate
             authorum
             sunt
             incerta
             .
          
           And
           
             Duchesne
             pag.
          
           21.
           speaking
           of
           Scotland
           ,
           asserts
           positively
           ,
           That
           its
           Kings
           does
           recognosce
           no
           Superiour
           but
           GOD
           ,
           and
           is
           every
           way
           a
           Soveraign
           Prince
           ,
           notwithstanding
           of
           the
           old
           pretentions
           of
           
             England
             ,
             Le
             Roy
             le
             possede
             en
             toute
             souverainté
             sans
             recognoistre
             au
             cun
             superieur
             que
             dieu
             ,
             bien
             que
             c
             '
             estoit
             ancienne
             praetension
             des
             Anglois
             ,
             que
             le
             Roy
             D'escosse
             est
             vassal
             de
             leur
             couronne
             .
          
        
         
           8.
           
           Not
           only
           have
           forreign
           Princes
           ,
           General
           Councils
           ,
           and
           the
           Lawyers
           and
           Historians
           of
           other
           Nations
           ,
           declared
           Scotland
           to
           be
           a
           free
           Kingdom
           ,
           but
           even
           the
           Kings
           of
           England
           ,
           have
           acknowledged
           this
           freedom
           ,
           and
           independency
           ;
           as
           may
           appear
           by
           these
           instances
           .
           1.
           
           The
           King
           and
           Parliament
           of
           England
           ,
           have
           treated
           with
           the
           Ambassadours
           of
           Scotland
           ;
           whereas
           no
           Superiour
           can
           treat
           with
           his
           own
           Vassal
           ,
           as
           a
           forreigner
           ;
           nor
           can
           a
           Vassal
           send
           Ambassadors
           to
           his
           Superiour
           ;
           for
           an
           Ambassadour
           must
           be
           equal
           to
           him
           ,
           to
           whom
           he
           is
           sent
           ,
           and
           is
           ,
           in
           Law
           ,
           no
           way
           lyable
           to
           his
           Jurisdiction
           .
           And
           this
           is
           ,
           amongst
           others
           ,
           the
           opinion
           of
           
             Alberic
             .
             Gentil
          
           .
           an
           Engglish
           Lawyer
           ,
           
             de
             Legationibus
             l.
          
           2.
           c.
           10.
           
           And
           it
           is
           clear
           from
           
             Liv.
             lib.
          
           6.
           
             &
             lib.
          
           43.
           2.
           
           King
           Henry
           of
           England
           ,
           being
           to
           enter
           upon
           a
           War
           with
           Simeon
           ,
           Earl
           of
           Leister
           ,
           did
           intreat
           Supply
           from
           Alexander
           King
           of
           Scots
           ;
           and
           lest
           this
           might
           inferr
           any
           Acknowledgement
           of
           his
           Superiority
           ,
           he
           did
           by
           Letters
           under
           his
           hand
           ,
           and
           by
           his
           Ambassadours
           publickly
           declare
           ,
           that
           he
           did
           not
           crave
           this
           aid
           as
           Superiour
           ,
           to
           which
           Superiority
           he
           had
           no
           pretence
           .
           3.
           
           The
           same
           King
           Alexander
           ,
           being
           invited
           to
           assist
           at
           the
           Coronation
           of
           King
           Edward
           ,
           and
           being
           unwilling
           to
           go
           there
           ,
           lest
           it
           might
           inferr
           an
           acknowledgement
           ,
           King
           Edward
           did
           declare
           ,
           
             Quod
             non
             ex
             Debito
             ,
             sed
             ex
             Gratia
             tantummodo
             hoc
             petebat
             .
          
           4.
           
           The
           same
           King
           Alexander
           ,
           being
           to
           make
           homage
           in
           England
           to
           king
           Edward
           ,
           for
           the
           Lands
           of
           Penrith
           and
           Tindale
           ,
           which
           he
           held
           of
           king
           Edward
           ,
           he
           did
           publickly
           protest
           ,
           
             Quod
             non
             pro
             Regno
             Scotiae
             ,
             sed
             pro
             terris
             in
             Anglia
             ,
             dictum
             Homagium
             faciebat
             ;
             Rexque
             iste
             Angliae
             hujusmodi
             Homagium
             admisit
             :
             per
             quod
             praesumitur
             talia
             fuisse
             ,
             &
             similia
             prius
             facta
             homagia
             ,
             Regno
             Angliae
             per
             Reges
             Scotiae
             :
             Nam
             talia
             fuisse
             praesumitur
             ,
             quale
             fuit
             illud
             declaratum
             &
             expositum
             Homagium
             ;
             nam
             talia
             sunt
             subjecta
             ,
             qualia
             praeadicata
             admittunt
             .
          
           
           which
           are
           the
           very
           Words
           used
           in
           the
           Answer
           made
           by
           the
           Scots
           ,
           before
           the
           Pope
           ,
           where
           all
           the
           former
           four
           instances
           are
           fully
           discussed
           ,
           and
           were
           offered
           to
           be
           proved
           by
           Witnesses
           ,
           beyond
           all
           Exception
           ;
           the
           Writs
           themselves
           having
           been
           designedly
           taken
           away
           by
           king
           Edward
           .
           And
           Fordon
           has
           in
           his
           History
           ,
           unprinted
           Copies
           of
           several
           Letters
           ,
           written
           by
           the
           said
           Pope
           Boniface
           and
           others
           ,
           declaring
           that
           those
           Instances
           consisted
           in
           their
           knowledge
           ,
           and
           some
           of
           those
           Instances
           are
           fully
           repeated
           ,
           by
           
             Duchesne
             pag.
          
           661.
           who
           is
           to
           be
           believed
           ,
           since
           he
           is
           a
           Stranger
           :
           And
           even
           
             Matthew
             Paris
          
           ,
           a
           Learned
           English
           Historian
           ,
           does
           declare
           ,
           That
           king
           Richard
           the
           first
           did
           ,
           when
           he
           was
           going
           to
           the
           Holy
           War
           ,
           disclaim
           this
           pretended
           Superiority
           over
           
             Scotland
             ,
             anno
          
           1188.
           
           Which
           Disclamation
           is
           likewise
           observed
           by
           Hovedean
           ,
           another
           Historian
           of
           the
           same
           Nation
           :
           And
           when
           
             Matthew
             Paris
          
           speaks
           of
           the
           Homage
           done
           to
           the
           king
           of
           England
           ,
           he
           makes
           it
           only
           to
           be
           for
           his
           Lands
           in
           
             England
             ,
             Rex
          
           Scotorum
           
             Willielmus
             ,
             fecit
             Homagium
             Regi
          
           Anglorum
           
             Ricardo
             de
             jure
             suo
             in
             Anglia
             .
          
           Which
           is
           ordinarly
           the
           stile
           used
           by
           Historians
           ,
           when
           they
           writ
           of
           this
           Subject
           :
           And
           thus
           Duchesne
           sayes
           ,
           that
           Alexander
           made
           Homage
           to
           Henry
           the
           third
           ,
           for
           his
           possessions
           in
           England
           ,
           but
           refused
           to
           make
           him
           Homage
           for
           Scotland
           ;
           and
           that
           king
           Alexander
           sent
           a
           Cartell
           to
           king
           Henry
           ,
           for
           asserting
           that
           he
           had
           made
           him
           Homage
           for
           Scotland
           .
           The
           Copy
           of
           the
           Homage
           is
           yet
           extant
           at
           Rome
           ,
           and
           the
           minute
           of
           it
           is
           thus
           exprest
           ,
           in
           the
           Records
           of
           our
           old
           Abbacies
           ,
           
             Memorandum
             ,
             anno
             Gratiae
             milesimo
             ducentesimo
             septuagesimo
             octavo
             ,
             Apostolorum
             Simonis
             &
             Iudae
             apud
             Westmonasterium
             ,
             Alexander
             Rex
          
           Scotiae
           ,
           
             fecit
             Homagium
             domino
             Edwardo
             Regi
          
           Angliae
           ,
           
             filio
             Regis
             Henrici
             sub
             his
             verbis
             ,
             Ego
             devenero
             hominem
             vestrum
             pro
             Terris
             ,
             quas
             de
             vobis
             teneo
             in
             Regno
          
           Angliae
           ,
           
             de
             quibus
             Homagium
             vobis
             debeo
             ,
             salvo
             regno
             meo
             ;
             tunc
             dixit
             Episcopus
             Norvicensis
             ,
             &
             salvum
             sit
             Regi
          
           Angliae
           ,
           
             si
             jus
             habuerit
             ad
             homagium
             vestrum
             de
             regno
             ;
             cui
             Rex
             statim
             respondit
             ,
             aperte
             dicens
             ,
             ad
             homagium
             regni
             mei
          
           Scotiae
           
             nullus
             jus
             habet
             ,
             nisi
             solus
          
           DEUS
           ,
           
             nec
             de
             ullo
             teneo
             nisi
             solo
          
           DEO
           .
           4.
           
           King
           Alexander
           having
           dyed
           without
           Males
           ,
           Edward
           the
           first
           ,
           treated
           for
           a
           Marriage
           ,
           betwix
           Margaret
           ,
           Princess
           of
           Scotland
           ,
           called
           the
           Maid
           of
           Norway
           ,
           and
           Edward
           his
           son
           :
           In
           which
           there
           are
           many
           pregnant
           Acknowledgements
           of
           this
           Freedom
           ,
           
             Volentes
             &
             concedentes
             ,
             quod
             deficientibus
             praedictis
             Edwardo
             &
             Margarita
             ,
             vel
             eorum
             altero
             ,
             absque
             Liberis
             extantibus
             ,
             in
             omni
             casu
             &
             eventu
             ,
             in
             quo
             ad
             proximiores
             haeredes
             regnum
             praedictum
             debeat
             de
             jure
             reverti
             ,
             integre
             habere
             ,
             absolute
             absque
             ulla
             subjectione
             ,
             revertatur
             &
             restituatur
             iisdem
             .
          
           And
           in
           the
           close
           of
           that
           paper
           it
           is
           said
           ,
           That
           there
           shall
           be
           no
           prejudice
           done
           to
           either
           of
           the
           kingdoms
           ,
           
             Quin
             libere
             habeant
             statum
             suum
          
           :
           And
           in
           the
           Deputation
           given
           by
           the
           Governours
           of
           Scotland
           ,
           dated
           at
           
             Melross
             ,
             anno
          
           1289.
           for
           treating
           that
           Marriage
           ,
           this
           express
           Reservation
           is
           insert
           ,
           
             Salvis
             tamen
             in
             omnibus
             &
             singulis
             ,
             &
             per
             omnia
             ,
             Libertate
             &
             Honore
             Regni
             Scotiae
          
           :
           Which
           Reservation
           is
           likewise
           insert
           ,
           in
           a
           Warrand
           granted
           by
           king
           Edward
           ,
           for
           treating
           the
           said
           Marriage
           .
           And
           it
           is
           observable
           ,
           That
           in
           all
           the
           Scottish
           Addresses
           to
           him
           ,
           and
           accepted
           by
           him
           ,
           he
           is
           only
           designed
           
             Rex
             Angliae
             ,
             Dominus
             Hiberniae
             ,
             &
             Dux
             Aquitaniae
             ,
          
           but
           never
           designes
           himself
           ,
           
             Dominus
             superior
             Scotiae
          
           ,
           till
           after
           the
           War
           ;
           which
           shews
           ,
           that
           his
           former
           airie
           Title
           was
           very
           unjust
           .
        
         
           9.
           
           As
           the
           kings
           of
           England
           have
           acknowledged
           the
           Scots
           to
           be
           no
           Vassals
           ,
           so
           have
           their
           Laws
           and
           Lawyers
           .
           For
           it
           is
           contented
           by
           these
           ,
           That
           
           the
           Scots
           were
           Aliens
           to
           England
           ,
           and
           could
           not
           have
           succeeded
           to
           any
           Estate
           in
           England
           ,
           without
           being
           Naturalized
           ;
           whereas
           
             alibi
             genitura
          
           ,
           presupposes
           ,
           that
           the
           
             alibi
             nati
          
           ,
           are
           not
           Vassals
           :
           For
           this
           
             jus
             alibi
             geniturae
          
           ,
           called
           by
           the
           
             French
             ,
             droit
             d'
             aubeyne
          
           ,
           is
           settled
           upon
           this
           Maxime
           of
           the
           Feudal
           Law
           ,
           
             That
             because
             Feus
             are
             granted
             by
             Over-lords
             or
             Superiours
             ,
             upon
             designe
             and
             promises
             ,
             that
             their
             Vassals
             shal
             serve
             them
             upon
             all
             occasions
             ,
             against
             all
             persons
             ,
             and
             never
             reveal
             their
             secrets
             ,
             nor
             conceal
             what
             may
             be
             their
             disadvantage
          
           ;
           therefore
           Feudalists
           do
           justly
           conclude
           ,
           That
           no
           man
           can
           be
           Leidge
           man
           to
           two
           supreme
           Superiours
           or
           Over-lords
           ,
           because
           these
           Duties
           are
           imprestable
           to
           both
           ;
           seing
           the
           secrets
           of
           the
           one
           ,
           may
           be
           incompatible
           with
           the
           Safety
           of
           the
           other
           ,
           and
           they
           may
           ,
           by
           warring
           against
           one
           another
           ,
           distract
           the
           Alleadgeance
           of
           their
           Vassal
           .
           And
           because
           men
           are
           more
           prone
           to
           serve
           their
           Native
           Prince
           ,
           then
           others
           ,
           therefore
           Strangers
           are
           alwayes
           suspect
           ,
           nor
           have
           they
           allowance
           to
           sell
           the
           Feus
           ,
           to
           which
           they
           succeed
           ,
           lest
           they
           should
           carry
           away
           the
           price
           out
           of
           the
           Country
           ,
           and
           possibly
           imploy
           it
           against
           the
           same
           Country
           .
           Which
           principle
           seems
           at
           first
           to
           have
           flowed
           from
           the
           Roman
           Law
           ,
           by
           which
           ,
           the
           Goods
           of
           Strangers
           dying
           in
           Rome
           ,
           fell
           to
           the
           Exchequer
           or
           Fisk
           ,
           
             &
             fiebant
             caduca
          
           .
           With
           this
           foundation
           of
           the
           Feudal
           Law
           ,
           founded
           upon
           so
           clear
           Reason
           ,
           do
           the
           Customs
           of
           other
           Nations
           agree
           ;
           who
           account
           not
           these
           Aliens
           ,
           who
           live
           under
           the
           same
           Alleadgeance
           :
           Thus
           
             Rageau
             pag.
          
           67.
           
           
             Aubains
             sont
             estrangers
             ,
             mais
             〈◊〉
             ,
             qui
             n'
             est
             pa
             de
             la
             soveraignete
             de
             la
             Courounne
             de
             France
             .
             Vid.
             Bacquet
             .
             du
             droit
             d'
             aubeyne
             ,
          
           printed
           in
           the
           year
           ,
           1557.
           
           And
           by
           the
           Custom
           of
           Milain
           ,
           (
           the
           Expertest
           Feudalists
           of
           all
           the
           World
           )
           
             alibi
             genitura
          
           extends
           not
           to
           any
           ,
           who
           have
           sworn
           Alleadgeance
           ,
           and
           live
           within
           the
           Spainish
           Dominions
           ,
           though
           not
           within
           Milain
           :
           since
           then
           the
           English
           would
           not
           allow
           us
           the
           Right
           of
           Sucession
           ,
           nor
           the
           other
           benefits
           due
           naturally
           to
           Subjects
           ,
           it
           was
           strangely
           monstruous
           and
           repugnant
           ,
           that
           they
           designed
           to
           make
           the
           World
           believe
           that
           we
           were
           Subjects
           .
        
         
           It
           is
           also
           very
           remarkable
           ,
           that
           if
           our
           Kingdom
           had
           been
           only
           a
           Feu
           holding
           of
           England
           ,
           our
           Nobility
           could
           not
           have
           precedency
           from
           others
           ,
           according
           to
           their
           Antiquity
           ;
           for
           all
           the
           Nobility
           of
           the
           Superiour
           Kingdom
           ought
           ,
           in
           the
           opinion
           of
           such
           as
           writ
           of
           precedency
           ,
           to
           be
           preferred
           to
           these
           ,
           who
           live
           in
           the
           Vassal-kingdom
           .
        
         
           10.
           
           If
           Scotland
           had
           been
           a
           Feu
           to
           England
           ,
           the
           king
           of
           England
           as
           Superiour
           ,
           would
           have
           had
           the
           keeping
           of
           our
           young
           Princes
           ,
           and
           the
           disposing
           of
           them
           in
           Marriage
           ,
           and
           the
           Feu
           would
           have
           been
           in
           his
           hand
           ,
           during
           their
           Minority
           ,
           that
           being
           implyed
           in
           the
           Right
           of
           proper
           Feus
           ,
           by
           the
           Feudal
           Law
           :
           And
           this
           must
           be
           presumed
           to
           have
           been
           a
           proper
           Feu
           ,
           as
           all
           Feus
           are
           presumed
           to
           be
           ,
           except
           the
           Vassal
           can
           prove
           ,
           that
           the
           Nature
           of
           the
           Feu
           was
           impropriated
           for
           the
           Vassals
           Advantage
           .
           But
           yet
           no
           king
           of
           England
           did
           ever
           pretend
           ,
           to
           the
           Guardianship
           of
           our
           young
           Princes
           ,
           nor
           to
           name
           Governours
           during
           their
           Minority
           :
           But
           on
           the
           contrare
           ,
           Alexander
           king
           of
           Scotland
           ,
           having
           left
           only
           a
           young
           Princess
           ,
           called
           Margaret
           ,
           who
           was
           Nice
           to
           the
           King
           of
           England
           ,
           he
           did
           not
           pretend
           to
           the
           keeping
           of
           the
           young
           Princess
           ,
           but
           intreated
           that
           she
           might
           be
           married
           ,
           to
           Edward
           the
           second
           his
           son
           ;
           and
           that
           if
           there
           should
           be
           no
           issue
           of
           that
           Marriage
           ,
           Scotland
           should
           remain
           a
           free
           Kingdom
           ,
           as
           it
           was
           formerly
           ,
           inthe
           dependent
           from
           all
           pretentions
           of
           the
           kings
           of
           England
           :
           Which
           is
           likewise
           another
           acknowledgement
           ,
           made
           by
           the
           kings
           of
           England
           themselves
           ,
           of
           
           the
           independency
           of
           Scotland
           .
           And
           if
           the
           kings
           of
           England
           had
           been
           Superiours
           of
           Scotland
           ,
           there
           would
           have
           been
           some
           Vestige
           of
           this
           Superiority
           ,
           to
           be
           seen
           in
           our
           Laws
           ;
           whereas
           all
           our
           Laws
           call
           still
           our
           Crown
           ,
           the
           Imperial
           Crown
           of
           Scotland
           :
           Or
           in
           our
           Coyne
           ,
           all
           Coyns
           bearing
           some
           Impressions
           from
           the
           Superiour
           .
           And
           the
           Kings
           of
           England
           might
           have
           remanded
           from
           our
           Courts
           ,
           or
           out
           of
           our
           Country
           ,
           such
           as
           had
           committed
           crimes
           against
           their
           kings
           ,
           or
           Laws
           :
           It
           being
           an
           undoubted
           principle
           of
           the
           Feudal
           Law
           ,
           That
           
             qui
             habet
             dominium
             directum
             ,
             potest
             jurisdictionem
             suam
             explicare
             ,
             tam
             in
             territorio
             Vassalli
             ,
             quam
             in
             suo
             :
             habet
             enim
             dominus
             jurisdictionem
             cumulativam
             cum
             Vassallo
             .
          
           But
           so
           it
           is
           ,
           that
           it
           can
           never
           be
           alleadged
           ,
           That
           the
           Kings
           of
           England
           offered
           to
           exerce
           any
           Jurisdiction
           in
           Scotland
           ,
           or
           did
           require
           any
           criminals
           ,
           who
           had
           fled
           into
           Scotland
           ,
           to
           be
           delivered
           up
           to
           them
           :
           Nor
           did
           ever
           the
           English
           pretend
           to
           punish
           such
           Scotsmen
           ,
           as
           were
           taken
           fighting
           against
           them
           abroad
           ,
           as
           Traitors
           ,
           and
           Guilty
           of
           Treason
           ;
           as
           certainly
           they
           would
           have
           done
           ,
           if
           they
           had
           been
           Vassals
           to
           England
           :
           But
           on
           the
           contrair
           ,
           the
           English
           did
           also
           ransome
           them
           ,
           and
           use
           them
           every
           way
           ,
           as
           they
           did
           other
           Strangers
           and
           Forreigners
           .
        
         
           11.
           
           The
           Scots
           having
           intended
           a
           Declarator
           of
           Freedome
           against
           Edward
           the
           first
           ,
           king
           of
           England
           ,
           the
           Process
           was
           delegated
           by
           Pope
           Boniface
           the
           VIII
           .
           to
           Baldredus
           ,
           one
           of
           the
           greatest
           Lawyers
           of
           that
           time
           ,
           who
           considered
           very
           fully
           ,
           the
           Reasons
           proponed
           
             hine
             inde
          
           ,
           by
           both
           parties
           ,
           and
           having
           made
           a
           full
           Report
           to
           the
           Pope
           ,
           the
           Pope
           did
           very
           sharply
           reprove
           the
           king
           of
           England
           ,
           and
           declared
           ,
           that
           Scotland
           did
           not
           depend
           upon
           it
           ,
           any
           manner
           of
           way
           ;
           and
           that
           the
           English
           had
           attacked
           Scotland
           most
           unjustly
           ,
           against
           all
           both
           Divine
           and
           humane
           Laws
           ;
           as
           Duchesne
           observes
           pag.
           66.
           
           The
           Letter
           it self
           that
           was
           writ
           to
           the
           king
           of
           England
           ,
           with
           all
           the
           process
           (
           which
           was
           called
           
             Processus
             Baldredi
          
           )
           being
           yet
           extant
           ,
           in
           Fordons
           Chronicle
           :
           And
           it
           cannot
           be
           denyed
           ,
           but
           that
           England
           might
           have
           expected
           much
           more
           favour
           ,
           from
           the
           Pope
           ,
           than
           Scotland
           could
           ;
           since
           they
           payed
           him
           a
           constant
           Revenue
           ,
           called
           
             Peters
             pence
          
           ;
           and
           since
           England
           was
           known
           to
           afford
           much
           greater
           Casualties
           to
           the
           Pope
           ,
           then
           could
           have
           been
           expected
           from
           this
           kingdom
           .
        
         
           In
           stating
           the
           Arguments
           ,
           which
           are
           proposed
           by
           the
           English
           ,
           for
           proving
           that
           the
           kings
           of
           Scotland
           were
           Vassals
           ,
           for
           their
           Crown
           ,
           to
           England
           ;
           I
           shall
           begin
           with
           these
           ,
           which
           were
           insisted
           upon
           by
           King
           Edward
           the
           1.
           in
           the
           former
           process
           .
        
         
           The
           first
           was
           ,
           That
           Brutus
           ,
           descended
           from
           the
           Trojans
           ,
           did
           conquer
           Britain
           ,
           and
           divided
           it
           amongst
           his
           three
           sons
           ,
           to
           the
           Eldest
           of
           whom
           ,
           called
           by
           Historians
           Locrin
           ,
           or
           Locuus
           ,
           as
           he
           is
           termed
           in
           that
           process
           ,
           he
           left
           Logria
           ,
           now
           called
           England
           :
           To
           the
           Second
           ,
           called
           Albanactus
           ,
           he
           left
           Albanie
           ,
           now
           called
           Scotland
           :
           To
           the
           Third
           ,
           called
           Camber
           ,
           he
           left
           Cambria
           ,
           now
           called
           Wales
           .
           But
           Humbert
           King
           of
           the
           Huns
           ,
           having
           killed
           
             Albanactus
             ,
             Locrin
          
           the
           elder
           ,
           to
           revenge
           his
           brothers
           Death
           ,
           did
           kill
           Humbert
           ,
           and
           reunite
           Albanie
           to
           Logria
           or
           England
           .
        
         
           The
           second
           was
           ,
           That
           Donvall
           king
           of
           the
           Britans
           ,
           killed
           Staterius
           king
           of
           Scotland
           ,
           who
           rebelled
           against
           him
           ,
           and
           became
           Master
           of
           the
           whole
           Isle
           ;
           which
           Dunvall
           having
           two
           sons
           ,
           Belinus
           and
           Brounus
           ,
           he
           left
           the
           Superiority
           of
           Scotland
           with
           England
           ,
           to
           the
           eldest
           ,
           and
           the
           property
           only
           of
           Scotland
           to
           the
           second
           .
        
         
         
           The
           third
           was
           ,
           That
           Arthur
           king
           of
           the
           Britans
           ,
           having
           overcome
           Scotland
           ,
           he
           gave
           that
           kingdom
           to
           Angusell
           ,
           who
           acknowledged
           him
           as
           his
           Superiour
           ,
           and
           carried
           the
           Sword
           before
           him
           .
        
         
           The
           fourth
           was
           ,
           That
           Aldestan
           king
           of
           England
           ,
           having
           conquered
           Constantine
           king
           of
           Scotland
           ,
           did
           pray
           to
           GOD
           ,
           that
           by
           the
           intercession
           of
           St.
           
             Iohn
             de
             Benlaco
          
           ,
           he
           might
           by
           a
           miracle
           ,
           be
           declared
           the
           just
           Superiour
           of
           Scotland
           :
           Whereupon
           he
           did
           strick
           with
           his
           sword
           ,
           at
           a
           Rock
           near
           Dumbar
           ,
           and
           made
           a
           Gape
           in
           it
           a
           full
           yard
           in
           length
           .
        
         
           The
           fifth
           was
           ,
           That
           William
           king
           of
           Scotland
           ,
           did
           acknowledge
           himself
           Vassal
           ,
           to
           William
           the
           Conquerour
           ;
           Alexander
           king
           of
           Scots
           ,
           acknowledged
           himself
           Vassal
           to
           king
           Henry
           :
           And
           that
           the
           Nobility
           of
           Scotland
           called
           in
           the
           said
           Edward
           ,
           to
           arbitrate
           the
           Differences
           betwixt
           the
           Bruce
           and
           Baliol.
           
        
         
           
             Peter
             Heylen
          
           ,
           speaking
           of
           Scotland
           in
           his
           Geographie
           pag.
           1289.
           affirms
           ,
           That
           the
           Kings
           of
           Scotland
           were
           still
           Vassals
           to
           the
           Crown
           of
           England
           ;
           which
           he
           endeavours
           to
           confirm
           by
           these
           Arguments
           ,
           1.
           
           By
           the
           Homages
           ,
           Services
           ,
           and
           other
           Duties
           ,
           done
           by
           the
           kings
           of
           Scotland
           ,
           to
           those
           of
           
             England
             :
             Malcome
          
           the
           third
           doing
           Homage
           to
           William
           the
           Conquerour
           ,
           as
           William
           one
           of
           his
           Successors
           ,
           did
           to
           Henry
           the
           second
           ;
           and
           that
           not
           only
           for
           three
           Counties
           in
           the
           North
           of
           England
           ,
           or
           the
           Earldome
           of
           Huntingdoun
           (
           as
           is
           by
           some
           pretended
           )
           but
           for
           the
           very
           Crown
           it self
           :
           Kenneth
           the
           third
           being
           also
           one
           of
           those
           Titulary
           or
           Vassal
           Kings
           ,
           who
           rowed
           king
           Edgar
           over
           the
           Dee
           .
           2.
           
           By
           the
           interposing
           of
           king
           Edward
           the
           first
           ,
           and
           the
           Submission
           of
           the
           Scots
           to
           that
           interposing
           ,
           in
           determining
           the
           Contraversie
           of
           Succession
           ,
           betwixt
           Bruce
           and
           Baliol
           :
           as
           in
           the
           like
           case
           ,
           Philip
           the
           fair
           adjudged
           the
           Title
           of
           Artoys
           ,
           which
           was
           holden
           of
           the
           Crown
           of
           France
           ,
           and
           then
           in
           question
           betwixt
           the
           Lady
           Mawd
           ,
           and
           her
           Nephew
           Robert
           :
           Or
           as
           king
           Edward
           the
           third
           ,
           in
           the
           Right
           of
           the
           said
           Crown
           of
           France
           ,
           determined
           of
           the
           Controversie
           ,
           betwixt
           Iohn
           Earl
           of
           Montford
           ,
           and
           Charles
           of
           Bluis
           ,
           for
           the
           Dukedom
           of
           Bretaigne
           .
           3.
           
           By
           the
           Confession
           ,
           and
           acknowledgement
           of
           Prelats
           ,
           Peers
           ,
           and
           others
           the
           Estates
           of
           Scotland
           ,
           subscribed
           by
           all
           their
           hands
           ,
           and
           seals
           ,
           in
           the
           Roll
           of
           Ragman
           ;
           wherein
           they
           did
           acknowledge
           the
           Superiority
           of
           the
           kings
           of
           England
           ,
           not
           only
           in
           regard
           of
           such
           Advantages
           ,
           as
           the
           sword
           had
           given
           him
           ,
           but
           as
           his
           original
           and
           undoubted
           Right
           :
           Which
           Roll
           was
           treacherously
           delivered
           into
           the
           hands
           of
           the
           Scots
           ,
           by
           
             Roger
             Mortimer
          
           ,
           Earl
           of
           March
           ,
           in
           the
           begining
           of
           the
           Reign
           of
           king
           Edward
           the
           third
           .
           4.
           
           By
           the
           tacite
           Confession
           of
           the
           kings
           themselves
           ;
           who
           in
           their
           Coyns
           ,
           Commissions
           ,
           and
           publick
           Instruments
           ,
           assume
           not
           to
           themselves
           the
           Title
           of
           kings
           of
           Scotland
           ,
           but
           of
           
             Reges
             Scotorum
          
           ,
           or
           the
           kings
           of
           the
           Scots
           ,
           and
           thereby
           imitating
           ,
           that
           though
           they
           are
           kings
           of
           the
           Nation
           ,
           yet
           there
           is
           some
           Superiour
           Lord
           (
           king
           Paramount
           as
           we
           may
           call
           him
           )
           who
           hath
           the
           Royalty
           of
           the
           Land.
           5.
           
           By
           the
           Judgements
           ,
           Arrests
           of
           the
           Courts
           of
           England
           ,
           not
           only
           in
           the
           times
           of
           king
           Edward
           the
           first
           ,
           but
           in
           sometimes
           since
           :
           For
           ●hen
           
             William
             Wallace
          
           ,
           a
           Scotsman
           by
           birth
           ,
           and
           the
           best
           Souldier
           of
           that
           Country
           ,
           was
           taken
           prisoner
           ,
           and
           brought
           to
           London
           ,
           he
           was
           adjudged
           to
           suffer
           Death
           as
           a
           Traitor
           ;
           which
           had
           been
           illegal
           and
           unrighteous
           judgement
           ,
           had
           he
           been
           a
           prisoner
           of
           War
           ,
           and
           not
           lookt
           upon
           by
           the
           Judges
           as
           subject
           to
           the
           Crown
           of
           England
           .
           The
           like
           done
           in
           the
           case
           of
           
             Simeon
             Fra●●ll
          
           ,
           another
           of
           that
           kingdom
           ,
           in
           the
           same
           kings
           Reign
           .
           In
           like
           manner
           ,
           in
           the
           time
           
           of
           king
           Edward
           the
           third
           ,
           it
           was
           resolved
           in
           the
           Court
           ,
           in
           the
           Lord
           Beaumonts
           case
           ,
           when
           it
           was
           objected
           ,
           That
           one
           of
           the
           Witnesses
           was
           a
           Scot
           ,
           and
           therefore
           as
           an
           Alien
           not
           to
           give
           his
           evidence
           ,
           that
           his
           Testimony
           was
           to
           be
           allowed
           ,
           because
           the
           Scots
           ,
           in
           the
           Law
           of
           England
           ,
           did
           not
           go
           for
           Aliens
           .
           And
           when
           one
           ,
           indicted
           for
           a
           Rape
           ,
           in
           the
           thirteenth
           year
           of
           Queen
           Elizabeths
           Reign
           ,
           desired
           a
           
             medietatem
             linguae
          
           ,
           because
           he
           was
           a
           
           Scots-man
           ,
           and
           so
           an
           Alien
           ;
           it
           was
           denyed
           him
           by
           the
           Court
           ,
           because
           the
           Scots
           were
           not
           reputed
           here
           as
           Aliens
           ,
           but
           as
           Subjects
           rather
           .
           So
           also
           ,
           when
           
             Robert
             Vmsramville
          
           ,
           Lord
           of
           Kyme
           ,
           was
           summoned
           to
           the
           Parliament
           of
           England
           ,
           in
           the
           Reign
           of
           king
           Edward
           the
           third
           ,
           by
           the
           name
           of
           Robert
           Earl
           of
           Angus
           ,
           which
           is
           a
           Dignity
           in
           Scotland
           ;
           and
           after
           in
           a
           Writ
           against
           him
           ,
           was
           called
           by
           his
           own
           name
           of
           Vmsramville
           ,
           without
           any
           Addition
           of
           that
           Honour
           ,
           the
           Writ
           was
           adjudged
           to
           abate
           ;
           which
           I
           conceive
           ,
           the
           Learned
           Judges
           had
           not
           done
           ,
           if
           Scotland
           had
           not
           been
           reputed
           ,
           to
           be
           under
           the
           Vassalage
           of
           the
           kings
           of
           England
           .
           6.
           
           And
           lastly
           ,
           by
           a
           Charter
           of
           Lands
           and
           Arms
           ,
           which
           I
           have
           in
           my
           Custody
           ,
           granted
           by
           king
           Edward
           the
           first
           ,
           in
           the
           last
           year
           of
           his
           Reign
           ,
           to
           
             Peter
             Dodge
          
           of
           Stopworth
           ,
           in
           the
           Countie
           of
           Chester
           ,
           one
           of
           the
           Ancestors
           of
           my
           mother
           :
           In
           which
           it
           is
           exprest
           ,
           that
           the
           said
           Lands
           and
           Arms
           were
           conferred
           upon
           him
           ,
           by
           that
           king
           for
           his
           eminent
           Services
           
             encontre
             son
             grand
             enemi
             &
             rebel
             Baliol
          
           king
           of
           Scotland
           ,
           and
           Vassal
           of
           England
           .
        
         
           In
           Answer
           to
           these
           Objections
           ,
           founded
           upon
           the
           Reign
           of
           Brutus
           ;
           I
           need
           say
           no
           more
           ,
           save
           that
           Cambden
           ,
           and
           the
           other
           Learned
           English
           Writers
           ,
           do
           look
           upon
           the
           same
           ,
           as
           a
           meer
           fiction
           .
           And
           for
           proving
           the
           Crown
           of
           Scotland
           to
           hold
           of
           England
           ,
           there
           must
           be
           authentick
           Documents
           in
           Writ
           produced
           ,
           as
           has
           been
           formerly
           debated
           :
           And
           this
           does
           sufficiently
           answer
           all
           that
           is
           said
           of
           Bellinus
           ,
           king
           
             Arthur
             ,
             &c.
          
           
           But
           to
           refute
           these
           Fictions
           ,
           and
           to
           show
           how
           much
           of
           Cheat
           is
           in
           all
           these
           Contrivances
           ,
           I
           need
           only
           cite
           a
           passage
           ,
           from
           the
           Learned
           
             Aylet
             Sammes
          
           ,
           in
           his
           
             Britannia
             antiqua
             ,
             pag.
          
           159.
           whose
           words
           are
           ,
        
         
           
             That
             which
             gave
             some
             Authotity
             to
             this
             Fiction
             ,
             was
             the
             use
             king
             Edward
             the
             first
             made
             of
             it
             ,
             in
             vindicating
             his
             Title
             to
             Scotland
             ,
             against
             the
             pretence
             of
             Pope
             Boniface
             ,
             and
             the
             Church
             of
             Rome
             ,
             who
             laid
             claim
             to
             that
             kingdom
             by
             ancient
             Right
             ,
             as
             part
             of
             St.
             Peters
             Patrimony
             ,
             and
             that
             Churches
             Demesne
             .
             It
             appears
             ,
             that
             the
             Monks
             and
             Friers
             had
             a
             great
             hand
             ,
             in
             making
             out
             this
             Title
             by
             Brute
             ,
             which
             story
             was
             now
             new
             vampt
             ,
             and
             from
             all
             parts
             sent
             out
             of
             these
             shops
             ,
             where
             at
             first
             it
             had
             been
             forged
             and
             hammered
             out
             .
             And
             this
             doth
             more
             evidently
             appear
             ,
             if
             we
             consider
             many
             other
             parts
             of
             the
             same
             Letter
             ,
             as
             it
             is
             found
             in
             the
             Records
             cited
             by
             Mr.
             Prin
             ;
             but
             especially
             that
             miracle
             of
             king
             Adelstane
             ,
             who
             (
             
               in
               perpetuam
               rei
               memoriam
            
             )
             to
             give
             an
             evident
             signe
             of
             his
             Right
             to
             Scotland
             ,
             with
             his
             sword
             ,
             struck
             a
             blow
             upon
             a
             Rock
             near
             Dumbar
             ,
             that
             he
             Cleft
             it
             at
             least
             an
             Elne
             wide
             .
          
        
         
           As
           to
           the
           Homage
           made
           by
           king
           Malcome
           ,
           to
           William
           the
           Conquerour
           ,
           it
           is
           answered
           ,
           That
           the
           matter
           of
           Fact
           is
           absolutely
           denyed
           :
           And
           not
           only
           do
           our
           Historians
           ,
           and
           the
           Historians
           of
           Forreigners
           ,
           mention
           no
           such
           submission
           ,
           but
           they
           do
           on
           the
           contrair
           ,
           relate
           ,
           That
           William
           the
           Conquerour
           having
           come
           with
           a
           Designe
           to
           conquer
           Scotland
           ,
           he
           was
           forced
           by
           Malcome
           king
           of
           Scotland
           to
           a
           Peace
           ,
           very
           Honourable
           and
           Advantagious
           for
           Scotland
           ;
           one
           Article
           whereof
           was
           ,
           That
           William
           the
           Conquerour
           
           should
           restore
           such
           of
           the
           English
           Nobility
           ,
           as
           had
           fled
           to
           Scotland
           for
           shelter
           ,
           to
           their
           Estates
           and
           Honours
           .
           And
           how
           can
           it
           be
           imagined
           ,
           that
           Scotland
           being
           then
           very
           Unite
           ,
           and
           living
           under
           a
           most
           warlike
           Prince
           ,
           would
           have
           submitted
           to
           a
           king
           ,
           who
           had
           too
           much
           to
           do
           at
           home
           ;
           or
           that
           King
           Malcome
           would
           have
           submitted
           to
           him
           ,
           whom
           he
           forced
           to
           restore
           even
           the
           English
           ,
           who
           had
           Rebelled
           against
           him
           .
           And
           as
           the
           Constitution
           of
           Vassalage
           requires
           Writ
           ,
           so
           if
           any
           such
           Vassalage
           had
           been
           acknowledged
           ,
           he
           had
           accepted
           of
           a
           Charter
           holding
           of
           the
           Conquerour
           ,
           as
           all
           the
           other
           Vassals
           did
           .
        
         
           As
           to
           King
           Williams
           Homage
           to
           Henry
           the
           second
           ,
           it
           is
           Answered
           ,
           That
           William
           having
           been
           treacherously
           made
           Prisoner
           ,
           he
           was
           forced
           by
           a
           long
           and
           tedious
           Imprisonment
           ,
           to
           make
           this
           Homage
           ;
           and
           consequently
           ,
           the
           Homage
           it self
           was
           null
           ,
           being
           extorted
           by
           Force
           ,
           and
           made
           by
           a
           person
           who
           was
           not
           
             sui
             juris
          
           ,
           being
           in
           prison
           .
           It
           being
           certain
           by
           the
           Laws
           of
           all
           Nations
           ,
           
             That
             Deeds
             done
             by
             Prisoners
             are
             null
          
           ;
           but
           especially
           in
           this
           case
           ,
           where
           the
           Deed
           was
           such
           ,
           as
           that
           it
           would
           have
           been
           null
           however
           .
           For
           even
           the
           most
           absolute
           Kings
           ,
           are
           so
           far
           from
           being
           able
           to
           alienate
           their
           Kingdom
           ,
           or
           enslave
           it
           ,
           that
           by
           so
           doing
           ,
           (
           as
           some
           say
           )
           they
           forfeit
           their
           own
           Right
           ,
           and
           make
           the
           Throne
           void
           for
           the
           next
           Successour
           ,
           who
           is
           not
           obliged
           by
           what
           they
           have
           done
           .
           And
           if
           any
           such
           Act
           as
           this
           were
           binding
           ,
           then
           England
           ,
           by
           the
           same
           Argument
           ,
           had
           remained
           a
           Feu
           of
           the
           Empyre
           ;
           since
           Richard
           the
           first
           their
           King
           did
           Homage
           to
           Henry
           the
           Emperour
           ,
           for
           England
           ;
           and
           King
           Iohn
           his
           brother
           ,
           did
           the
           like
           Homage
           to
           the
           Pope
           ,
           and
           offered
           to
           hold
           
             England
             ,
             in
             capite
          
           ,
           of
           Murmelius
           a
           Sarazen
           .
           King
           Edgar's
           being
           rowed
           over
           the
           Dee
           ,
           by
           Kenneth
           king
           of
           Scotland
           ,
           is
           taken
           off
           by
           the
           former
           Answer
           ,
           though
           it
           were
           true
           as
           it
           is
           not
           ,
           nor
           can
           it
           be
           made
           appear
           ,
           by
           a
           Chronological
           Computation
           ,
           if
           the
           Enquiry
           were
           worth
           our
           pains
           .
        
         
           The
           great
           Instance
           founded
           upon
           the
           Homage
           made
           by
           the
           Baliol
           ,
           is
           as
           weak
           ;
           since
           it
           is
           known
           ,
           that
           King
           Robert
           the
           Bruce
           refused
           to
           do
           Homage
           to
           King
           Edward
           ,
           choosing
           rather
           to
           want
           a
           Crown
           ,
           then
           to
           be
           a
           Vassal
           for
           it
           :
           But
           
             Iohn
             Baliol
          
           the
           other
           Competitor
           ,
           preferring
           his
           Ambition
           to
           his
           Native
           Country
           ,
           was
           therefore
           justly
           disowned
           by
           the
           Nobility
           ,
           who
           (
           as
           Duchesne
           a
           Stranger
           to
           us
           observes
           )
           sent
           Ambassadours
           to
           King
           Edward
           ,
           to
           show
           him
           that
           they
           did
           Revoke
           ,
           and
           Disown
           the
           Homage
           made
           by
           the
           Baliol
           ,
           and
           asserted
           their
           primitive
           Liberty
           .
           And
           so
           hateful
           an
           Act
           was
           this
           esteemed
           in
           him
           ,
           that
           he
           losed
           the
           Crown
           by
           it
           ;
           whereas
           had
           this
           pretence
           of
           England
           been
           founded
           upon
           any
           Justice
           ,
           it
           could
           never
           have
           been
           so
           severly
           either
           opposed
           or
           punished
           .
           But
           though
           Baliol
           had
           been
           a
           lawful
           King
           as
           he
           was
           not
           ,
           (
           King
           Robert
           the
           
           Bruce's
           Title
           being
           preferable
           in
           Law
           ;
           )
           yet
           could
           not
           the
           Baliol
           have
           subjected
           the
           Kingdom
           in
           Vassalage
           to
           England
           ,
           since
           by
           the
           Feudal
           Law
           ,
           a
           Superiour
           cannot
           superinduce
           or
           interpose
           another
           Superiour
           ,
           
             nec
             sine
             Vassalli
             consensu
             alienare
             jus
             suum
             directum
             ,
             c.
          
           1.
           §
           
             ex
             eodem
             descendit
             de
             Leg.
             Lotharii
             .
          
           And
           though
           some
           debate
           ,
           that
           by
           such
           Alienations
           of
           the
           Superiority
           ,
           the
           Superiour
           forfeits
           his
           Right
           ,
           yet
           all
           agree
           that
           the
           Alienation
           is
           null
           ;
           
             nulla
             &
             irrita
          
           ,
           D.
           D.
           
             in
             cap.
             imperialem
             §
             praeterea
             de
             prohibit
             .
             alien
             .
             per
             Fredric
             .
             Curt.
             p.
          
           16.
           num
           .
           3.
           
             &
             latissime
             Rosenth
             .
             cap.
          
           9.
           conclus
           .
           62.
           
        
         
           Whereas
           it
           is
           pretended
           ,
           That
           the
           Parliament
           of
           Scotland
           consented
           ;
           It
           is
           Answered
           ,
           That
           any
           Parliamentary
           Consent
           is
           altogether
           denyed
           :
           For
           
           though
           we
           have
           exact
           Records
           of
           all
           our
           Parliaments
           ,
           yet
           there
           is
           not
           so
           much
           as
           Mention
           made
           amongst
           all
           our
           Statutes
           or
           Books
           ,
           of
           any
           Parliament
           held
           by
           
             Iohn
             Baliol.
          
           And
           albeit
           Prin
           has
           published
           all
           the
           Records
           ,
           which
           the
           English
           have
           upon
           this
           Subject
           ,
           yet
           he
           dares
           not
           so
           much
           as
           assert
           ,
           much
           less
           produce
           the
           Copy
           of
           any
           such
           Act
           of
           Parliament
           :
           And
           certainly
           if
           there
           had
           been
           such
           an
           Act
           of
           Parliament
           ,
           not
           only
           the
           Records
           of
           that
           Parliament
           ,
           but
           that
           particular
           Act
           had
           been
           carefully
           preserved
           and
           published
           ;
           and
           that
           this
           Parliament
           and
           Statute
           is
           a
           meer
           Fiction
           ,
           appears
           not
           only
           by
           our
           own
           ,
           but
           Forreigne
           Historians
           .
           And
           it
           is
           not
           imaginable
           ,
           that
           the
           greater
           part
           of
           the
           Nobility
           and
           Kingdom
           ,
           having
           immediatly
           disowned
           the
           Baliol
           ,
           for
           acknowledging
           this
           Subjection
           ,
           that
           they
           would
           themselves
           have
           ratified
           it
           in
           a
           free
           Parliament
           .
           But
           though
           this
           were
           true
           as
           it
           is
           not
           ,
           yet
           there
           is
           not
           any
           Kingdom
           so
           Loyal
           ,
           Happy
           ,
           or
           Invincible
           ,
           but
           some
           few
           Cowards
           or
           Rogues
           may
           be
           found
           in
           it
           ,
           who
           may
           assume
           the
           name
           of
           a
           Parliament
           ,
           and
           disown
           the
           true
           Interest
           of
           the
           Kingdom
           ,
           without
           any
           Warrand
           from
           the
           People
           for
           that
           effect
           .
           And
           I
           would
           very
           willingly
           know
           ,
           if
           England
           remains
           still
           Vassal
           to
           the
           Pope
           ,
           because
           a
           Monk
           prevailed
           with
           King
           Iohn
           ,
           to
           hold
           his
           Crown
           of
           him
           ?
           or
           if
           Portugal
           should
           not
           be
           acknowledged
           a
           free
           Crown
           ,
           because
           Spain
           did
           once
           elicite
           from
           them
           a
           National
           Consent
           ,
           by
           Force
           of
           Arms
           ?
           Or
           if
           these
           three
           or
           four
           pretended
           English
           Parliaments
           ,
           who
           acknowledged
           
             Oliver
             Cromwel
          
           the
           Usurper
           ,
           did
           settle
           a
           Legal
           Right
           upon
           him
           by
           their
           Concourse
           ?
           Nor
           did
           Prescription
           Supply
           here
           the
           Original
           illegality
           of
           that
           Consent
           ;
           for
           the
           Scots
           did
           immediatly
           reclame
           ,
           and
           did
           within
           much
           fewer
           years
           ,
           than
           Prescription
           requires
           ,
           restore
           themselves
           to
           their
           Liberty
           ,
           under
           the
           Conduct
           of
           that
           Glorious
           Prince
           ,
           King
           Robert
           the
           Bruce
           ,
           for
           whom
           GOD
           did
           so
           Miraculous
           things
           ,
           as
           did
           Convince
           the
           World
           ,
           how
           much
           the
           LORD
           of
           Hosts
           detasted
           the
           Bribry
           ,
           and
           Cruelty
           of
           King
           Edward
           the
           first
           :
           
             Et
             ita
             res
             facile
             redeunt
             ad
             suam
             naturam
             ,
             &
             quae
             mox
             rediit
             divertisse
             non
             videtur
             .
          
        
         
           But
           to
           show
           how
           great
           Aversion
           even
           that
           Generation
           had
           ,
           for
           any
           such
           Submission
           to
           the
           English
           Monarchy
           ,
           I
           have
           set
           down
           the
           Copy
           of
           a
           Letter
           yet
           extant
           ,
           under
           all
           the
           Seals
           of
           our
           Nobility
           ,
           directed
           to
           Pope
           Iohn
           ,
           in
           anno
           1320.
           
           Wherein
           they
           Declare
           ,
           that
           if
           their
           King
           should
           offer
           to
           submit
           to
           England
           ,
           they
           would
           disown
           him
           ,
           and
           chuse
           another
           .
           Not
           that
           the
           power
           of
           Electing
           Kings
           ,
           was
           ever
           thought
           to
           Reside
           in
           our
           Nobility
           ;
           But
           because
           it
           was
           represented
           to
           them
           ,
           as
           the
           Opinion
           of
           all
           Lawyers
           ,
           that
           a
           King
           could
           not
           alienat
           his
           Kingdom
           ,
           or
           submit
           himself
           by
           his
           sole
           Consent
           ,
           to
           a
           Forreigne
           Prince
           :
           Since
           by
           that
           Alienation
           and
           Submission
           ,
           he
           does
           Forfeit
           his
           Right
           to
           the
           Crown
           .
           As
           to
           which
           Letter
           likewise
           I
           think
           fit
           to
           observe
           ,
           to
           prevent
           any
           Mistake
           as
           to
           the
           Calculation
           of
           the
           number
           of
           our
           Kings
           ,
           that
           the
           Writers
           thereof
           have
           ,
           as
           is
           usual
           with
           us
           ,
           numbred
           amongst
           our
           Kings
           such
           of
           the
           Royal
           Family
           ,
           as
           were
           for
           the
           time
           Regents
           or
           Viceroys
           .
           The
           Letter
           follows
           .
        
         
           
             
             
               
                 SAnctissimo
                 Patri
                 in
                 CHRISTO
                 ac
                 Domino
                 ,
                 Domino
                 Ioanni
                 ,
                 Divina
                 Providentia
                 Sacrosanctae
                 Romanae
                 &
                 Vniversalis
                 Ecclesiae
                 summo
                 Pontifici
                 ,
              
               
                 Filii
                 sui
                 humiles
                 &
                 devoti
                 ,
                 Duncanus
                 Comes
                 de
                 Fyfe
                 ,
                 Thomas
                 Ranulphi
                 .
                 Comes
                 Moraviae
                 ,
                 Dominus
                 Manniae
                 ,
                 &
                 Vallis
                 Anandiae
                 ,
                 Patricius
                 de
                 Dumbar
                 ,
                 Comes
                 Marchiae
                 ,
                 Malisius
                 Comes
                 de
                 Strathern
                 ,
                 Malcolmus
                 Comes
                 de
                 Levenox
                 ,
                 Willielmus
                 Comes
                 de
                 Ross
                 ,
                 Magnus
                 Comes
                 Cathaniae
                 &
                 Orcadiae
                 ,
                 &
                 Willielmus
                 Comes
                 Sutherlandiae
                 ,
                 Walterus
                 Senescallus
                 Scotiae
                 ,
                 Willielmus
                 de
                 Soules
                 Buttelarius
                 Scotiae
                 ,
                 Iacobus
                 dominus
                 de
                 Dowglas
                 ,
                 Rogerus
                 de
                 Moubray
                 ,
                 David
                 dominus
                 de
                 Brechine
                 ,
                 David
                 de
                 Grahame
                 ,
                 Ingelramus
                 de
                 Vmsravile
                 ,
                 Ioannes
                 de
                 Meneteith
                 Custos
                 Comitatus
                 de
                 Meneteith
                 ,
                 
                   Alexander
                   Frazer
                   ,
                   Gilbertus
                
                 de
                 Haia
                 Constabularius
                 Scotiae
                 ,
                 Robertus
                 de
                 Keith
                 Mariscallus
                 Scotiae
                 ,
                 Henricus
                 de
                 Sanctoclaro
                 ,
                 Ioannes
                 de
                 Grahame
                 ,
                 David
                 de
                 Lindesey
                 ,
                 
                   Willielmus
                   Olifant
                   ,
                   Patricius
                
                 de
                 Grahame
                 ,
                 Ioannes
                 de
                 Fenton
                 ,
                 Willielmus
                 de
                 Abernethie
                 ,
                 David
                 de
                 Weyms
                 ,
                 Willielmus
                 de
                 Monte
                 fixo
                 ,
                 Fergusius
                 de
                 Ardrosan
                 ,
                 Eustachius
                 de
                 Maxwell
                 ,
                 Willielmus
                 de
                 Ramsay
                 ,
                 Willielmus
                 de
                 Monte
                 alto
                 ,
                 Alanus
                 de
                 Moravia
                 ,
                 
                   Douenaldus
                   Campbell
                   ,
                   Ioannes
                   Camburn
                   ,
                   Reginaldus
                
                 le
                 Chen
                 ,
                 Alexander
                 de
                 Seton
                 ,
                 Andreas
                 de
                 Lescelyne
                 ,
                 &
                 Alexander
                 de
                 Straton
                 ,
                 caeterique
                 Barones
                 &
                 Libere-tenentes
                 ,
                 ac
                 tota
                 Communitas
                 Regni
                 Scotiae
                 ,
                 omnimodam
                 Reverentiam
                 filiolem
                 ,
                 cum
                 devotis
                 pedum
                 osculis
                 beatorum
                 .
              
            
             
               Scimus
               ,
               sanctissime
               Pater
               &
               Domine
               ,
               &
               ex
               antiquorum
               Gestis
               &
               Libris
               colligimus
               ,
               quod
               inter
               caeteras
               Nationes
               egregias
               ,
               nostra
               sciz
               .
               Scotorum
               Natio
               multis
               Praeconiis
               fuerit
               insignita
               :
               Quae
               de
               majori
               Scythia
               per
               mare
               Tirenum
               ,
               &
               Columnas
               Herculis
               transiens
               ,
               &
               in
               Hispania
               inter
               ferocissimos
               ,
               per
               multa
               temporum
               Curricula
               ,
               residens
               ,
               a
               nullis
               quantumcunque
               Barbaricis
               poterat
               alicubi
               subjugari
               ;
               Indeque
               veniens
               ,
               post
               mille
               &
               ducentos
               annos
               a
               transitu
               populi
               Israelitici
               ,
               sibi
               sedes
               in
               Occidente
               quas
               nunc
               obtinent
               ,
               expulsis
               Britonibus
               ,
               &
               Pictis
               omnino
               deletis
               ,
               licet
               per
               Norwegienses
               ,
               Danos
               &
               Anglos
               saepius
               impugnata
               fuerit
               ,
               multis
               sibi
               Victoriis
               ,
               &
               Laboribus
               quamplurimis
               adquisivit
               ;
               ipsasque
               ab
               omni
               servitute
               liberas
               ,
               ut
               priscorum
               testantur
               historiae
               ,
               semper
               tenuit
               .
               In
               quorum
               Regno
               ,
               centam
               &
               tresdecem
               Reges
               de
               ipsorum
               Regali
               Prosapia
               ,
               nullo
               alienigena
               interveniente
               ,
               regnaverunt
               .
               Quorum
               Nobilitates
               &
               merita
               ,
               licet
               ex
               aliis
               non
               clarerent
               ,
               satis
               tamen
               patenter
               effulgent
               ,
               ex
               eo
               quod
               Rex
               Regum
               Dominus
               IESVS
               CHRISTVS
               ,
               post
               Passionem
               &
               Resurrectionem
               suam
               ,
               ipsos
               in
               ultimis
               Terrae
               finibus
               constitutos
               quasi
               primos
               ,
               ad
               suam
               Fidem
               sanctissimam
               ,
               convocavit
               :
               Nec
               eos
               ,
               per
               quemlibet
               in
               dicta
               fide
               ,
               confirmari
               voluit
               ,
               sed
               per
               suum
               primum
               Apostolum
               ,
               quamvis
               Ordine
               secundum
               vel
               tertium
               ,
               sanctum
               Andream
               meritissimum
               beati
               Petri
               Germanum
               ,
               quem
               semper
               ipsis
               praeesse
               voluit
               ut
               Patronum
               .
               Haec
               autem
               sanctissimi
               Patres
               &
               Praedecessores
               vestri
               solicita
               mente
               pensantes
               ,
               ipsum
               Regnum
               Populum
               ,
               ut
               beati
               Petri
               Germani
               peculium
               ,
               multis
               favoribus
               &
               privilegiis
               quamplurimis
               muniverunt
               .
               Itaque
               Gens
               nostra
               ,
               sub
               ipsorum
               protectione
               ,
               libera
               hactenus
               deguit
               &
               quieta
               ;
               donec
               ille
               Princeps
               Magnificus
               Rex
               
                 Anglorum
                 Edwardus
              
               ,
               Pater
               istius
               qui
               nunc
               est
               ,
               Regnum
               nostrum
               Acephalum
               ,
               Populumque
               nullius
               mali
               aut
               doli
               conscium
               ,
               nec
               Bellis
               aut
               Insultibus
               tunc
               assuetum
               ,
               sub
               amici
               &
               confoederati
               specie
               ,
               innumerabiliter
               infestavit
               :
               Cujus
               Iujurias
               ,
               Caedes
               &
               violentias
               ,
               Praedationes
               ,
               Incendia
               ,
               Prelatorum
               Incarcerationes
               ,
               Monasteriorum
               Combustiones
               ,
               Religiosorum
               Spoliationes
               &
               Occisiones
               ,
               alia
               quoque
               
               enormia
               ,
               quae
               in
               dicto
               populo
               exercuit
               ,
               nulli
               parcens
               Aetati
               aut
               Sexui
               ,
               Religioni
               aut
               Ordini
               ,
               nullus
               scriberet
               ,
               nec
               ad
               plenum
               intelligeret
               ,
               nisi
               quem
               Experientia
               informaret
               .
               A
               quibus
               malis
               innumeris
               ,
               ipso
               juvante
               qui
               post
               vulnera
               medetur
               &
               sanat
               ,
               Liberati
               sumus
               per
               serenissimum
               Principem
               ,
               Regem
               &
               Dominum
               nostrum
               ,
               Dominum
               Robertum
               ,
               qui
               pro
               Populo
               &
               Haereditate
               suis
               ,
               de
               Manibus
               inimicorum
               liberandis
               ,
               quasi
               alter
               Maccabaeus
               ,
               aut
               Josue
               Labores
               &
               Taedia
               ,
               Inedias
               &
               Pericula
               ,
               Laeto
               sustinuit
               Animo
               :
               Quem
               etiam
               Divina
               Dispositio
               ,
               &
               juxta
               Leges
               &
               Consuetudines
               nostras
               ,
               quas
               usque
               ad
               mortem
               sustinere
               volumus
               ,
               juris
               Successio
               ,
               &
               debitus
               nostrorum
               Consensus
               &
               Assensus
               ,
               nostrum
               fecerunt
               Principem
               atque
               Regem
               .
               Cui
               tanquam
               illi
               per
               quem
               salus
               in
               Populo
               facta
               est
               pro
               nostra
               Libertate
               tuenda
               ,
               tam
               Iure
               quam
               Meritis
               tenemur
               ,
               &
               volumus
               in
               omnibus
               adhaerere
               .
               Quem
               ,
               si
               ab
               inceptis
               desistet
               ,
               Regi
               Anglorum
               aut
               Anglicis
               nos
               ,
               aut
               Regnum
               nostrum
               volens
               subjicere
               ,
               tanquam
               inimicum
               nostrum
               ,
               &
               sui
               nostrique
               Iuris
               Subversorem
               statim
               expellere
               niteremur
               ;
               &
               alium
               Regem
               nostrum
               ,
               qui
               ad
               defensionem
               nostram
               sufficiet
               ,
               faciemus
               :
               Quia
               quamdiu
               Centum
               vivi
               remanserint
               ,
               nunquam
               Anglorum
               dominio
               aliquatenus
               volumus
               sebjugari
               .
               Non
               enim
               propter
               Gloriam
               ,
               Divitias
               aut
               Honores
               pugnamus
               ,
               sed
               propter
               Libertatem
               Solummodo
               ,
               quam
               nemo
               bonus
               nisi
               simul
               eum
               vita
               amittit
               .
               Hinc
               est
               ,
               Reverende
               Pater
               ac
               Domine
               ,
               quod
               Sanctitatem
               vestram
               ,
               cum
               omni
               Praecum
               instantia
               ,
               Genu
               flexis
               Cordibus
               exoramus
               ;
               Quatenus
               sincero
               corde
               ,
               menteque
               pia
               recensentes
               ,
               quod
               apud
               eum
               cujus
               vices
               in
               terris
               geritis
               ,
               non
               sic
               pondus
               ,
               &
               pondus
               nec
               distinctio
               Iudei
               &
               Graeci
               ,
               Scoti
               aut
               Anglici
               ,
               tribulationes
               &
               angustias
               nobis
               &
               Ecclesiae
               DEI
               illatas
               ab
               Anglicis
               ,
               paternis
               occulis
               intuentes
               ;
               Regem
               Anglorum
               ,
               cui
               sufficere
               debet
               quod
               possidet
               ,
               eum
               olim
               Anglia
               septem
               aut
               pluribus
               solebat
               sufficere
               Regibus
               ,
               monere
               &
               exhortari
               dignemini
               ,
               ut
               nos
               Scotos
               in
               exili
               degentes
               Scotia
               ,
               ultra
               quam
               habitatio
               non
               est
               ,
               nihilque
               nisi
               nostrum
               cupientes
               in
               pace
               dimittet
               .
               Cui
               pro
               nostra
               procuranda
               quiete
               quicquid
               possumus
               ,
               ad
               statum
               nostrum
               respectu
               habito
               ,
               hoc
               facere
               volumus
               cum
               effectu
               .
               Vestra
               enim
               interest
               ,
               Sancte
               Pater
               ,
               hoc
               facere
               ,
               qui
               Paganorum
               feritatem
               ,
               Christianorum
               culpis
               exigentibus
               ,
               in
               Christianos
               saevientem
               aspicitis
               ,
               &
               Christianorum
               terminos
               arctari
               indies
               :
               Quare
               ne
               quid
               vestrae
               Sanctitatis
               memoriae
               derogat
               ,
               &
               si
               ,
               quod
               absit
               ,
               Ecclesia
               in
               aliqua
               sui
               parte
               vestris
               temporibus
               patiatur
               Ecclipsin
               aut
               Scandalum
               ,
               vos
               videritis
               .
               Exhortet
               igitur
               Christianos
               Principes
               ,
               qui
               ,
               non
               causam
               ut
               causam
               ponentes
               ,
               se
               singunt
               in
               subsidium
               Terrae
               sanctae
               ,
               propter
               guerras
               quas
               habent
               cum
               proximis
               ire
               non
               posse
               :
               Cujus
               impedimenti
               causa
               est
               ,
               vereor
               ,
               quod
               ,
               in
               minoribus
               proximis
               debellandis
               ,
               utilitas
               proprior
               &
               resistentia
               debilior
               aestimantur
               .
               Sic
               quam
               laeto
               corde
               dictus
               Dominus
               Rex
               noster
               ,
               &
               nos
               ,
               si
               Rex
               Anglorum
               nos
               in
               pace
               dimittet
               ,
               illuc
               iremus
               ;
               qui
               nihil
               ignoret
               satis
               novit
               :
               Quod
               CHRISTI
               Vicario
               totique
               Christianitati
               ostendimus
               &
               testamur
               .
               Quibus
               si
               Sanctitas
               vestra
               Anglorum
               relatibus
               nimis
               credula
               ,
               fidem
               sinceram
               non
               adhibet
               ,
               aut
               ipsis
               in
               nostram
               confusionem
               favere
               non
               desinat
               ;
               corporum
               excidia
               ,
               animarum
               exitia
               ,
               &
               caetera
               quae
               sequentur
               incommoda
               ,
               quae
               ipsi
               in
               nobis
               ,
               &
               nos
               in
               ipsis
               fecerimus
               ,
               vobis
               ab
               altissimo
               cro●imus
               imputanda
               .
               Ex
               quo
               sumus
               &
               erimus
               in
               his
               quae
               tenemur
               ,
               tanquam
               obedientiae
               filii
               ,
               vobis
               tanquam
               ipsius
               Vicario
               in
               omnibus
               complacere
               ;
               ipsique
               tanquam
               summo
               Regi
               &
               Iudici
               ,
               causam
               nostram
               tuendam
               committimus
               :
               Cogitatum
               nostrum
               jactantes
               in
               ipso
               ,
               sperantesque
               finem
               ,
               quod
               in
               nobis
               virtutem
               faciet
               ,
               &
               ad
               nihilum
               rediget
               hostes
               nostros
               .
               Serenitatem
               &
               Sanctitatem
               vestram
               conservet
               altissimus
               Ecclesiae
               suae
               sanctae
               per
               tempora
               diuturna
               .
            
             
               
                 Datum
                 apud
                 Monasterium
                 de
                 Aberbrothock
                 in
                 Scotia
                 ,
                 
                   sexto
                   die
                   Aprilis
                   ,
                   Anno
                   Gratiae
                   milesimo
                   trescentesimo
                   vicesimo
                   ,
                   Anno
                   vero
                   Regni
                   Regis
                   nostri
                   supra
                   dicti
                   ,
                   quintodecimo
                   .
                
              
            
          
        
         
         
           This
           answers
           likewise
           Ragmans
           Roll
           ;
           nor
           are
           we
           to
           consider
           who
           consented
           to
           Slavery
           :
           Since
           it
           is
           known
           that
           not
           only
           the
           Dowglass
           ,
           the
           Grahame
           ,
           and
           Wallace
           ,
           but
           Thousands
           of
           others
           ,
           never
           yeilded
           even
           to
           that
           short
           Impression
           :
           And
           their
           Country
           preserved
           its
           Priviledges
           ,
           by
           their
           Loyalty
           ;
           it
           being
           an
           undoubted
           Principle
           in
           Law
           ,
           That
           
             in
             re
             pari
             potior
             est
             conditio
             prohibentis
             ,
             &
             in
             re
             communi
             nemo
             dominorum
             juri
             quicquam
             facere
             potest
             invito
             altero
             ,
             l.
             subimus
             ff
             .
             ad
             exhibendum
             .
          
        
         
           To
           that
           Argument
           by
           which
           it
           is
           urged
           ,
           That
           our
           Kings
           did
           never
           assume
           the
           Title
           of
           Kings
           of
           Scotland
           ,
           but
           called
           themselves
           only
           Kings
           of
           Scots
           ,
           It
           is
           Answered
           ,
           That
           the
           Argument
           is
           very
           Ridiculous
           ;
           for
           first
           it
           is
           founded
           upon
           a
           false
           Supposition
           ,
           it
           being
           most
           evident
           from
           our
           Writs
           in
           the
           Reign
           of
           King
           David
           the
           Maiden
           ,
           that
           our
           King
           was
           entituled
           ,
           
             Rex
             Scotiae
          
           ;
           but
           in
           the
           Confirmation
           of
           the
           Abbacy
           of
           Aberbrothick
           ,
           King
           William
           is
           called
           
             Rex
             Scotiae
          
           ,
           and
           his
           Queen
           
             Regina
             Scotiae
          
           .
           Like
           as
           in
           that
           Register
           ,
           there
           is
           a
           Charter
           granted
           by
           King
           Iohn
           of
           England
           ,
           wherein
           
             ad
             petitionem
             Willielmi
             Regis
             Scotiae
          
           ,
           he
           grants
           a
           Liberty
           to
           the
           Monks
           of
           Aberbrothick
           ,
           to
           Transport
           their
           Goods
           through
           England
           ,
           free
           from
           Custome
           :
           And
           
             Matth.
             Par.
          
           in
           many
           Treatises
           related
           by
           him
           gives
           them
           that
           Title
           :
           And
           Pope
           Innocent
           the
           third
           ,
           in
           an
           express
           Rescript
           in
           the
           body
           of
           the
           Canon
           Law
           cap.
           4.
           
             decret
             .
             de
             immunit
             .
             Eccles.
          
           writes
           
             Innocentius
             III.
             Illustri
             Regi
             Scotiae
          
           ,
           which
           behoved
           to
           be
           to
           King
           William
           ,
           who
           did
           reign
           in
           that
           Popes
           time
           .
           Nor
           is
           this
           Argument
           from
           the
           Designation
           concluding
           ,
           since
           it
           is
           not
           convertible
           ;
           For
           even
           Feudatory
           Kings
           did
           ,
           and
           do
           assume
           their
           Designation
           from
           the
           Kingdom
           they
           hold
           ,
           as
           the
           Kings
           of
           
             Naples
             ,
             Sicily
             ,
             &c.
          
           
           Which
           evinces
           that
           it
           follows
           not
           necessarly
           ,
           that
           the
           Kings
           of
           these
           Kingdoms
           are
           Feudatory
           Kings
           ;
           because
           they
           were
           designed
           
             Reges
             Scotorum
          
           ,
           and
           not
           Scotiae
           .
           And
           in
           many
           places
           of
           his
           History
           
             Matth.
             Paris
          
           calls
           the
           Kings
           of
           
             England
             ,
             Reges
             Anglorum
          
           ,
           as
           in
           the
           whole
           Lives
           of
           King
           
             Iohn
             ,
             Henry
          
           the
           third
           .
        
         
           It
           appears
           also
           ,
           by
           the
           former
           Transaction
           betwixt
           Edward
           the
           first
           ,
           and
           the
           Governours
           of
           Scotland
           ,
           that
           Margaret
           is
           even
           by
           the
           King
           of
           England
           ,
           constantly
           Designed
           
             Regina
             ac
             Domina
             Scotiae
          
           :
           And
           I
           observe
           ,
           that
           in
           the
           Contract
           of
           Marriage
           ,
           betwixt
           Henry
           the
           VII
           .
           for
           his
           Daughter
           Queen
           Margaret
           ,
           and
           Iames
           the
           IV.
           that
           sometimes
           the
           King
           of
           Scotland
           is
           called
           
             Rex
             Scotorum
          
           ,
           and
           sometimes
           
             Rex
             Scotiae
          
           ,
           in
           the
           same
           paper
           ;
           and
           the
           Commission
           granted
           by
           the
           King
           of
           Scotland
           ,
           for
           compleating
           that
           Marriage
           ,
           is
           called
           
             Commissio
             regis
             Scotiae
             pro
             matrimonio
          
           ;
           in
           all
           which
           Contract
           ,
           the
           King
           of
           Scotland
           is
           called
           ,
           
             Charissimus
             noster
             frater
          
           ,
           a
           Title
           never
           granted
           to
           a
           Feudatory
           King
           by
           his
           Superiour
           ,
           and
           the
           people
           of
           Scotland
           ,
           are
           there
           called
           
             Subditi
             Regis
             Scotiae
          
           ,
           whereas
           if
           the
           King
           of
           Scotland
           ,
           had
           been
           only
           a
           Feudatory
           Prince
           ,
           we
           had
           been
           Subjects
           to
           the
           King
           of
           England
           ,
           and
           not
           to
           the
           King
           of
           Scotland
           .
           And
           there
           needs
           no
           other
           Argument
           against
           Heylen
           ,
           to
           prove
           that
           the
           Kings
           of
           Scotland
           ,
           were
           oft-times
           called
           
             reges
             Scotiae
          
           ,
           than
           the
           instance
           brought
           by
           himself
           ,
           of
           the
           Charter
           granted
           by
           King
           Edward
           the
           first
           to
           
             Peter
             Dodge
          
           ,
           wherein
           Baliol
           is
           confessed
           by
           himself
           to
           be
           called
           
             Roy
             de
             Escosse
          
           ,
           King
           of
           Scotland
           :
           And
           this
           proves
           that
           the
           said
           Heylen
           layes
           down
           Grounds
           ,
           which
           are
           not
           only
           false
           ,
           but
           inconsistent
           .
           But
           secondly
           ,
           though
           this
           were
           true
           ,
           yet
           it
           proves
           nothing
           ;
           seing
           the
           Goths
           and
           Picts
           were
           a
           free
           people
           ;
           and
           yet
           their
           Kings
           were
           called
           
             Reges
             Pictorum
             &
             Gothorum
          
           ,
           which
           Phrase
           was
           ordinary
           
           amongst
           Conquering
           Nations
           ,
           such
           as
           the
           Scots
           were
           ,
           whose
           Princes
           having
           at
           first
           no
           fixed
           Kingdom
           ,
           did
           ,
           whilst
           their
           people
           were
           spreading
           themselves
           in
           Collonies
           ,
           rather
           assume
           a
           Title
           from
           the
           people
           ,
           than
           from
           their
           Country
           .
           And
           seing
           Men
           are
           Vassals
           and
           not
           Land
           ,
           it
           will
           follow
           ,
           according
           to
           the
           terms
           used
           by
           Feudalists
           ,
           that
           seing
           our
           Kings
           were
           
             reges
             Scotorum
          
           ,
           that
           therefore
           the
           men
           were
           not
           Vassals
           ;
           and
           so
           they
           hold
           not
           their
           Land
           of
           the
           Crown
           of
           England
           ,
           nor
           were
           
             ejus
             subvassalli
             ,
             aut
             Valvassores
          
           .
        
         
           The
           Argument
           urged
           from
           many
           Decisions
           in
           England
           ,
           finding
           that
           we
           were
           punishable
           as
           Traitors
           in
           England
           ,
           and
           that
           we
           were
           lookt
           upon
           as
           Subjects
           and
           not
           as
           Aliens
           ,
           by
           their
           Judges
           ,
           deserves
           no
           other
           Answer
           ,
           then
           that
           since
           their
           Kings
           by
           their
           power
           ,
           could
           not
           make
           us
           Vassals
           ,
           neither
           could
           their
           Parliaments
           or
           Judges
           treat
           us
           as
           such
           ;
           And
           if
           their
           Gown-men
           could
           have
           made
           us
           such
           ,
           they
           needed
           not
           have
           imployed
           Arms
           to
           have
           shed
           so
           much
           Blood
           in
           the
           quarrel
           :
           Nor
           can
           such
           Domestick
           Testimonies
           prove
           in
           a
           case
           of
           so
           great
           importance
           .
           And
           yet
           even
           the
           English
           Proceedings
           against
           those
           of
           our
           Nation
           shows
           ,
           that
           their
           own
           Judicatories
           and
           Lawyers
           ,
           consider
           us
           not
           as
           Vassals
           ,
           but
           as
           the
           Subjects
           of
           a
           free
           and
           independent
           Kingdom
           .
           And
           amongst
           many
           other
           Instances
           ,
           I
           shall
           only
           remember
           that
           of
           Queen
           Mary
           ,
           against
           whom
           that
           Nation
           proceeded
           not
           as
           a
           Vassal
           ,
           but
           as
           a
           person
           who
           had
           made
           her self
           lyable
           to
           their
           Jurisdiction
           ,
           
             ratione
             loci
             delicti
          
           .
           Which
           is
           very
           clear
           by
           
             Zouch
             .
             de
             judicio
             inter
             gentes
             ,
             part
             .
          
           2.
           sect
           .
           6.
           whose
           very
           words
           I
           have
           here
           set
           down
           ,
           to
           prove
           not
           only
           this
           ,
           but
           that
           the
           Kings
           of
           Scotland
           were
           absoluti
           ,
           and
           equal
           to
           ,
           and
           independent
           from
           those
           of
           England
           ,
           being
           both
           
             pares
             &
             absoluti
             principes
          
           ,
           His
           words
           are
           ,
           
             Erant
             boni
             rerum
             Estimatores
             ,
             qui
             asperius
             cum
             illa
             actum
             affirmabant
             ,
             eo
             quod
             fuerit
             Princips
             libera
             &
             absoluta
             ,
             in
             quam
             solius
             Dei
             sit
             Imperium
             ,
             quod
             in
             majestatem
             peccare
             non
             posset
             ,
             cui
             subdita
             non
             fuerit
             quod
             par
             in
             parem
             non
             habeat
             potestatem
             ,
             unde
             judicium
             Imperatoris
             in
             Robertum
             Siciliae
             regem
             ,
             irritum
             pronounciatum
             est
             ,
             quia
             Imperio
             ejus
             non
             esset
             subditus
             .
             Alii
             aliter
             censebant
             ,
             illam
             scilicet
             ,
             subditam
             esse
             etsi
             non
             originariam
             ,
             tamen
             temporariam
             ;
             Quia
             duo
             absoluti
             principes
             quoad
             authoritatem
             ,
             in
             uno
             Regno
             esse
             non
             possunt
             ;
             parem
             in
             parem
             habere
             potestatem
             ,
             quoties
             paris
             judicio
             se
             submiserit
             ,
             vel
             expresse
             verbis
             ,
             vel
             tacite
             contrahendo
             ,
             vel
             delinquendo
             ,
             intra
             paris
             scilicet
             jurisdictionem
             ,
             &
             Papam
             sententiam
             Imperatoris
             in
             Robertum
             Siculùm
             rescidisse
             ,
             quod
             factum
             in
             territorio
             Imperiali
             non
             fuerit
             ,
             sed
             Papali
             .
             Denique
             nullum
             magnum
             extare
             exemplum
             ,
             quod
             non
             aliquid
             ex
             iniquo
             habeat
             .
          
           And
           in
           the
           Process
           against
           the
           Bishop
           of
           Ross
           ,
           as
           it
           is
           related
           both
           by
           the
           Forreign
           Lawyers
           ,
           and
           by
           Cambden
           ,
           it
           clearly
           appears
           that
           he
           was
           proceeded
           against
           ,
           not
           as
           a
           Subject
           of
           England
           ,
           but
           as
           a
           meer
           stranger
           ,
           who
           not
           being
           subject
           
             ratione
             originis
          
           ,
           became
           subject
           
             ratione
             delicti
          
           ,
           as
           they
           alleadged
           .
           And
           the
           Learned
           Author
           of
           the
           late
           
             jus
             maritimum
             ,
             pag.
          
           451.
           having
           spoken
           of
           the
           Jurisdiction
           of
           England
           over
           Ireland
           ,
           has
           these
           words
           ,
           
             But
             in
             Scotland
             it
             is
             otherwayes
             ,
             for
             that
             is
             a
             Kingdom
             absolute
             ,
             and
             not
             like
             Ireland
             ,
             which
             is
             a
             Crown
             annexed
             by
             Conquest
             ,
             but
             the
             other
             is
             by
             Union
             :
             And
             though
             they
             be
             United
             under
             one
             Prince
             
               ad
               fidem
            
             ,
             yet
             their
             Laws
             are
             distinct
             ,
             so
             as
             they
             had
             never
             been
             United
             ;
             and
             therefore
             the
             Execution
             of
             the
             judgements
             in
             each
             other
             ,
             must
             be
             done
             upon
             Request
             ,
             and
             that
             according
             to
             the
             Law
             of
             Nations
             .
          
           Nor
           need
           I
           answer
           the
           Argument
           brought
           from
           the
           procedure
           ,
           against
           the
           Heroick
           Wallace
           and
           others
           ,
           
           for
           these
           instances
           show
           rather
           an
           excessive
           resentment
           upon
           present
           Hostilities
           ,
           then
           the
           Justice
           of
           those
           ,
           who
           against
           the
           Law
           of
           Nations
           ,
           proceeded
           to
           murther
           such
           as
           were
           indeed
           prisoners
           of
           War
           ,
           fighting
           for
           their
           own
           Native
           King
           and
           Country
           :
           And
           even
           the
           English
           of
           that
           age
           ,
           by
           entring
           into
           Truces
           ,
           Ransoming
           of
           Prisoners
           ,
           and
           doing
           all
           other
           things
           (
           which
           are
           only
           allowable
           in
           a
           just
           War
           )
           may
           convince
           all
           Mankind
           ,
           that
           in
           this
           and
           the
           like
           Instances
           ,
           they
           succumb'd
           to
           the
           bitterness
           of
           their
           present
           Passion
           .
        
         
           I
           must
           here
           also
           crave
           Leave
           to
           assert
           ,
           That
           though
           Vassals
           are
           not
           to
           be
           treated
           as
           Aliens
           ,
           yet
           we
           find
           very
           frequently
           in
           History
           ,
           that
           whole
           Nations
           have
           been
           Naturalized
           ,
           and
           have
           had
           all
           the
           Priviledges
           of
           Subjects
           communicated
           to
           them
           ,
           without
           being
           Vassals
           or
           Subjects
           :
           And
           thus
           the
           Pelopidae
           were
           naturalized
           Persians
           ,
           by
           Artaxerxes
           King
           of
           the
           Persians
           ,
           and
           allowed
           to
           enjoy
           all
           their
           Priviledges
           ,
           in
           remuneration
           of
           the
           great
           Services
           done
           by
           them
           to
           the
           Persians
           ,
           as
           Plutarch
           observes
           in
           the
           Life
           of
           Pelopidas
           :
           And
           thus
           the
           Athenians
           communicated
           their
           Priviledges
           to
           the
           Rhodians
           ;
           and
           the
           Latins
           to
           the
           Romans
           ,
           as
           Livius
           observes
           lib.
           25.
           
           And
           it
           is
           very
           clear
           ,
           that
           the
           like
           was
           done
           by
           the
           English
           to
           us
           ,
           by
           a
           Statute
           of
           St.
           Edward
           ,
           which
           is
           yet
           extant
           in
           a
           Book
           called
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           published
           by
           
             William
             Lambert
             ,
             anno
          
           1568.
           
           And
           Ratified
           by
           the
           Conquerour
           ,
           amongst
           the
           good
           Laws
           of
           that
           Prince
           ,
           as
           Hollenshed
           observes
           .
           Amongst
           others
           who
           are
           to
           be
           reputed
           of
           the
           same
           Nation
           with
           the
           English
           ,
           we
           find
           the
           Scots
           mentioned
           in
           the
           Statute
           ;
           for
           which
           two
           Reasons
           are
           given
           in
           it
           ,
           
             quia
             omnés
             ferme
             Scoti
             proceres
             ex
             Anglis
             conjuges
             coeperunt
             ,
             &
             ipsi
             rursus
             ex
             Scotis
             ,
             &
             sic
             sacti
             sunt
             duo
             in
             carne
             una
          
           ;
           That
           is
           to
           say
           ,
           Because
           most
           of
           all
           the
           Scotish
           Nobility
           did
           take
           Wives
           of
           English
           Extraction
           ,
           and
           the
           English
           of
           Scotish
           .
        
         
           The
           second
           Reason
           added
           in
           that
           Statute
           is
           ,
           
             quia
             simul
             &
             in
             unum
             contra
             Danos
             &
             Norwegos
             atrocissime
             pugnaverunt
             .
          
           And
           it
           is
           very
           well
           known
           to
           such
           as
           understand
           History
           ,
           that
           untill
           these
           late
           and
           unhappy
           Wars
           ,
           occasioned
           by
           the
           Shires
           of
           
             Northumberland
             ,
             Westmorland
          
           and
           Cumberland
           ,
           the
           Scots
           assisted
           the
           English
           in
           all
           their
           Wars
           ;
           especially
           ,
           as
           that
           Statute
           sayes
           ,
           against
           the
           Danes
           and
           Norwegians
           ,
           by
           whom
           they
           were
           called
           by
           those
           Invaders
           ,
           to
           share
           in
           the
           Victory
           ;
           but
           they
           refused
           the
           offer
           ,
           and
           fought
           near
           two
           hundred
           Years
           against
           these
           Usurpers
           :
           In
           which
           Wars
           ,
           they
           are
           said
           to
           have
           lost
           two
           Kings
           ,
           with
           an
           hundred
           thousand
           Men
           ;
           all
           which
           the
           Scots
           might
           have
           preveened
           ,
           by
           suffering
           the
           Danes
           to
           pass
           peaceably
           to
           England
           ,
           through
           their
           Territories
           .
           And
           it
           is
           observable
           in
           the
           Histories
           of
           both
           Nations
           ,
           that
           the
           Danes
           were
           never
           expulsed
           from
           England
           ,
           till
           they
           were
           first
           beat
           in
           Scotland
           ;
           till
           at
           last
           they
           were
           forced
           to
           swear
           ,
           that
           they
           should
           never
           return
           into
           this
           Isle
           ;
           and
           in
           Return
           of
           which
           Assistance
           ,
           we
           got
           from
           England
           this
           Priviledge
           in
           the
           same
           manner
           ,
           that
           Lewis
           the
           XII
           .
           communicated
           to
           us
           a
           general
           Naturalization
           in
           France
           ,
           with
           all
           the
           Priviledges
           competent
           to
           the
           Natives
           of
           that
           Kingdom
           ,
           when
           we
           were
           forced
           to
           associat
           with
           it
           ,
           to
           secure
           our selves
           against
           the
           invasions
           of
           our
           old
           friends
           .
        
      
       
         
         
           CHAP.
           IV.
           The
           Debates
           betwixt
           the
           Kings
           of
           
             Pole
             ,
             Sweden
             ,
             Denmark
          
           ,
           &c.
           and
           other
           Princes
           .
        
         
           THe
           King
           of
           Sweden
           pretends
           to
           Precedencie
           from
           the
           other
           two
           ;
           and
           Nolden
           in
           his
           
             Treatise
             of
             Nobilitie
             ,
             chap.
          
           9.
           num
           .
           107.
           leaves
           the
           Precedencie
           betwixt
           Sweden
           and
           Denmark
           to
           be
           dubious
           :
           And
           though
           some
           prefer
           the
           Dane
           as
           a
           Member
           of
           the
           Empyre
           ,
           grafted
           therein
           in
           anno
           1542.
           
           Yet
           others
           think
           him
           ,
           upon
           that
           account
           ,
           the
           less
           preferable
           ,
           because
           he
           is
           thereby
           in
           a
           manner
           no
           free
           and
           Soveraign
           Prince
           ;
           
             Peter
             King
          
           of
           Denmark
           having
           really
           become
           Vassal
           to
           Fredericus
           1.
           
           Emperour
           ,
           
             Otto
             .
             Fris.
             lib.
          
           2.
           cap.
           21.
           
           But
           Pontanus
           relates
           that
           the
           Emperour
           did
           upon
           this
           account
           give
           him
           the
           right
           hand
           ,
           and
           thereby
           preferred
           him
           to
           Sweden
           .
           I
           find
           also
           in
           the
           Council
           of
           Basil
           ,
           that
           Ravallus
           Arch-bishop
           of
           Vpsale
           ,
           did
           claim
           Precedencie
           to
           his
           Master
           the
           King
           of
           Sweden
           from
           all
           the
           Christian
           Princes
           ,
           he
           being
           the
           true
           Successour
           of
           the
           Gothish
           Kings
           ,
           who
           exacted
           Tribute
           even
           from
           the
           Emperours
           and
           Kings
           of
           France
           .
           Both
           Denmark
           and
           Sweden
           ,
           claim
           the
           Precedencie
           from
           the
           King
           of
           Pole
           ,
           as
           an
           Elective
           and
           Limited
           Monarch
           :
           And
           in
           the
           Ceremonial
           of
           
             Rome
             ,
             Pole
          
           is
           placed
           after
           the
           other
           two
           :
           And
           it
           is
           undenyable
           ,
           that
           Sigismund
           King
           of
           Swed
           ,
           being
           chosen
           King
           of
           Pole
           ,
           he
           did
           in
           all
           his
           papers
           prefer
           always
           the
           Title
           of
           Sweden
           to
           that
           of
           Pole.
           
        
         
           The
           King
           of
           Pole
           has
           debated
           for
           Precedency
           with
           the
           King
           of
           Portugal
           ,
           in
           anno
           1557.
           
           But
           at
           Rome
           ,
           Pope
           Iulius
           the
           second
           ,
           preferred
           Portugal
           :
           And
           yet
           the
           Debate
           was
           renewed
           under
           Charles
           the
           fifth
           ,
           In
           whose
           Reign
           ,
           both
           their
           Ambassadours
           meeting
           in
           his
           Court
           at
           Church
           ,
           and
           the
           Ambassadour
           of
           Portugal
           having
           possest
           the
           first
           place
           ,
           the
           other
           made
           a
           sign
           ,
           as
           if
           he
           would
           have
           spoken
           in
           private
           with
           him
           ,
           at
           which
           the
           Portugal
           rose
           ,
           whereupon
           the
           Polonian
           run
           in
           to
           his
           seat
           ,
           
             Hottoman
             de
             Legat.
             lib.
          
           3.
           cap.
           21.
           
        
         
           The
           King
           of
           Hungarie
           contests
           for
           Precedency
           with
           the
           King
           of
           Pole
           :
           But
           in
           the
           interview
           betwixt
           Maximilian
           the
           Emperour
           ,
           Sigismund
           King
           of
           
             Pole
             ,
             Vladislaus
          
           King
           of
           Hungarie
           ,
           and
           Lodowick
           King
           of
           Bohemia
           ,
           in
           anno
           1515.
           the
           King
           of
           Pole
           was
           preferred
           to
           walk
           on
           the
           Emperours
           right
           hand
           .
           But
           this
           Controversie
           being
           renewed
           at
           the
           Council
           of
           Trent
           ,
           They
           ,
           as
           all
           other
           Kings
           were
           ordained
           to
           take
           place
           ,
           not
           according
           to
           their
           Dignities
           ,
           but
           according
           to
           the
           date
           of
           the
           Production
           of
           their
           Commissions
           in
           the
           Council
           .
        
         
           The
           King
           of
           Hungarie
           argues
           for
           the
           Precedency
           from
           the
           King
           of
           Bohemia
           :
           Because
           ,
           amongst
           the
           Emperours
           Titles
           ,
           Hungarie
           is
           set
           down
           before
           Bohemia
           ;
           But
           Bohemia
           oppons
           the
           Golden-bull
           of
           Charles
           the
           fourth
           Emperour
           ,
           Wherein
           it
           is
           ordained
           ,
           that
           in
           all
           Acts
           which
           concern
           the
           Empire
           ,
           Bohemia
           shall
           proceed
           all
           other
           Kings
           :
           So
           that
           it
           seems
           that
           the
           
           King
           of
           Hungarie
           ought
           to
           preceed
           in
           all
           things
           not
           relating
           to
           the
           Empire
           ;
           But
           that
           Bohemia
           is
           to
           preceed
           in
           all
           that
           relates
           thereto
           .
        
         
           There
           are
           other
           Soveraigns
           who
           are
           not
           Crowned-heads
           ,
           Such
           as
           
             Savoy
             ,
             Mantua
             ,
             Florence
             ,
             Ferara
             ,
             Parma
             ,
             Venice
             ,
          
           who
           Debate
           also
           their
           respective
           Precedencies
           in
           this
           manner
           .
        
         
           The
           Duke
           of
           Savoy
           is
           by
           Pius
           the
           fifth
           ,
           Declared
           to
           be
           the
           first
           Prince
           of
           Italy
           ,
           And
           in
           the
           Chappels
           of
           
             France
             ,
             Venice
             ,
             &c.
          
           gets
           the
           first
           S●●l
           ,
           And
           as
           King
           of
           Cyprus
           pretends
           to
           be
           ranked
           amongst
           the
           Crowned-heads
           :
           But
           it
           may
           be
           admir'd
           why
           the
           Duke
           of
           Savoy
           takes
           the
           Title
           of
           Royal
           Highness
           ;
           For
           ,
           if
           he
           be
           King
           of
           Cyprus
           ,
           he
           ought
           to
           have
           the
           Title
           of
           Majesty
           ;
           and
           if
           he
           be
           not
           King
           ,
           Royal
           Highness
           is
           not
           due
           to
           him
           .
           And
           the
           Duke
           of
           Mantua
           did
           contend
           with
           him
           ,
           though
           his
           Competition
           was
           not
           sustained
           ,
           
             vid.
             Crus
             .
             pag.
          
           511.
           
           And
           though
           the
           Title
           of
           Eminencie
           was
           bestowed
           upon
           the
           Dutchess
           of
           Mantua
           ,
           by
           Ferdinand
           the
           second
           ;
           Yet
           that
           was
           a
           Complement
           bestowed
           by
           the
           Emperour
           ,
           rather
           with
           respect
           to
           her
           Sex
           ,
           and
           her
           Relation
           to
           the
           Imperial
           Family
           ,
           then
           to
           the
           true
           Dignity
           due
           to
           her
           as
           Dutchess
           of
           
             Mantua
             ,
             vid.
             Limneum
             ,
             Iur.
             pub
             .
             lib.
          
           5.
           cap.
           14.
           
        
         
           The
           Duke
           of
           Florence
           was
           still
           preferred
           to
           the
           Duke
           of
           Ferara
           ,
           by
           Charles
           the
           fifth
           ,
           And
           
             Port.
             lib.
          
           4.
           
           Resp.
           Juris
           .
           167.
           confesses
           ,
           That
           Florence
           was
           acknowledged
           to
           be
           first
           ,
           by
           the
           Emperour
           ,
           by
           Rome
           ,
           and
           by
           France
           :
           But
           yet
           Paul
           the
           third
           considering
           that
           the
           Dutchie
           of
           Florence
           was
           onely
           erected
           in
           anno
           1531.
           
           Whereas
           the
           Family
           of
           Est
           ,
           were
           raised
           to
           be
           Dukes
           by
           Paul
           the
           third
           ,
           1452.
           and
           were
           declared
           Dukes
           of
           Ferara
           by
           the
           Emperour
           ,
           1454.
           did
           therefore
           prefer
           Ferara
           to
           Florence
           .
        
      
       
         
           CHAP.
           V.
           The
           Precedencies
           amongst
           Common-Wealths
           .
        
         
           IT
           cannot
           be
           denyed
           ,
           but
           that
           Kings
           and
           Crowned-heads
           have
           the
           Precedency
           from
           Common-wealths
           ;
           though
           they
           contend
           that
           they
           being
           the
           Freest
           of
           all
           men
           ,
           are
           the
           Noblest
           ;
           And
           being
           in
           Effect
           a
           Countrey
           of
           Kings
           ,
           ought
           to
           be
           preferred
           to
           any
           one
           King
           :
           Especially
           ,
           since
           their
           Government
           is
           elder
           then
           that
           of
           Kings
           ,
           men
           having
           drawn
           themselves
           into
           Societies
           ,
           before
           they
           either
           submitted
           to
           Kings
           who
           assum'd
           that
           Government
           by
           Force
           ,
           or
           Elected
           Kings
           ,
           because
           they
           could
           not
           agree
           amongst
           themselves
           .
        
         
           There
           are
           some
           Common-wealths
           who
           claim
           precedency
           ,
           as
           having
           right
           to
           Kingdoms
           :
           And
           thus
           Venice
           claim'd
           the
           same
           precedency
           with
           Crown'd-heads
           in
           the
           Popedom
           of
           Vrban
           the
           eight
           ,
           and
           Innocent
           the
           fifth
           ,
           because
           they
           had
           right
           to
           the
           Kingdom
           of
           Corsica
           ;
           But
           this
           was
           denyed
           .
        
         
           Genoa
           contended
           with
           Venice
           for
           precedency
           at
           the
           Coronation
           of
           the
           King
           of
           Cyprus
           ,
           1373.
           but
           that
           King
           preferred
           Venice
           :
           And
           to
           extinguish
           these
           Differences
           amongst
           the
           Common-wealths
           of
           
             Italy
             ,
             Venice
          
           is
           by
           opinion
           of
           all
           Lawyers
           ,
           preferred
           to
           all
           the
           Common-wealths
           of
           
             Italy
             ,
             Calefat
             .
             de
             Equestr
             .
             dignit
             .
             n.
          
           124.
           
           
             Crus
             .
             de
             preced
             .
             pag.
          
           536.
           
        
         
         
           Genoa
           and
           Sienna
           did
           also
           contend
           ,
           anno
           1530.
           at
           the
           Coronation
           of
           Charles
           the
           fifth
           ;
           but
           the
           Debate
           was
           then
           decided
           :
           And
           yet
           
             Crus
             .
             pag.
          
           545.
           prefers
           Genoa
           .
        
         
           The
           
             States
             General
          
           contend
           with
           Venice
           ,
           and
           all
           other
           Common-wealths
           ,
           as
           being
           the
           more
           powerful
           ,
           and
           being
           a
           Society
           of
           Common-wealths
           .
           They
           pretend
           also
           to
           Precedency
           from
           all
           the
           Princes
           of
           the
           Empire
           ,
           as
           being
           more
           Independent
           then
           they
           ,
           and
           being
           equal
           to
           Kings
           ;
           Whereas
           these
           Princes
           are
           but
           Subjects
           ,
           which
           is
           delicately
           Debated
           by
           
             Besold
             .
             de
             praeced
             .
             cap.
          
           2.
           
           But
           yet
           the
           present
           Emperour
           has
           preferred
           the
           Electors
           to
           all
           Ambassadours
           of
           Common-wealths
           ,
           by
           an
           express
           Ordinance
           related
           in
           
             Crus
             .
             p.
          
           545.
           
           And
           now
           Holland
           ,
           as
           having
           a
           kindness
           for
           the
           Empire
           ,
           Treats
           the
           Ambassadours
           of
           the
           Electors
           ,
           as
           those
           sent
           by
           Crowned-heads
           :
           And
           in
           return
           of
           that
           Kindness
           ,
           the
           Electors
           Treat
           such
           as
           are
           sent
           from
           Holland
           ,
           with
           the
           same
           Respect
           ,
           
             Memor
             .
             Ambassad
             .
             pag.
          
           523.
           
        
         
           Of
           old
           the
           Duke
           of
           Savoy
           did
           preceed
           the
           Common-wealth
           of
           Venice
           :
           But
           
             Emanuel
             Philbert
          
           Duke
           of
           Savoy
           ,
           during
           the
           Oppression
           he
           lay
           under
           from
           Charles
           the
           fifth
           ,
           put
           himself
           under
           the
           protection
           of
           Venice
           ,
           and
           became
           a
           Son
           of
           St.
           Mark
           ;
           And
           thereafter
           ,
           as
           the
           Father
           behov'd
           to
           preceed
           the
           Son
           ,
           the
           Dukes
           of
           Savoy
           yeelded
           to
           Venice
           :
           And
           as
           that
           Duke
           pretends
           Right
           to
           the
           Crown
           of
           Cyprus
           ,
           by
           the
           Marriage
           of
           Anne
           of
           Cyprus
           ,
           and
           the
           Donation
           of
           Charlot
           of
           Cyprus
           :
           So
           Venice
           pretends
           Right
           to
           the
           same
           Crown
           by
           the
           Donation
           of
           
             Catharine
             Cornara
          
           ,
           Widow
           to
           Iames
           King
           of
           Cyprus
           .
           The
           Difference
           is
           now
           thus
           settled
           ,
           That
           Venice
           shall
           Treat
           the
           Ambassadours
           of
           Savoy
           ,
           as
           they
           do
           these
           of
           Kings
           ,
           with
           the
           title
           of
           Excellency
           ,
           And
           Savoy
           shall
           allow
           Venice
           the
           Precedency
           ,
           
             Memor
             .
             Ambassad
             .
             pag.
          
           347.
           
        
         
           Mazarin
           treated
           the
           Ambassadours
           of
           the
           Common-wealth
           of
           England
           ,
           as
           those
           sent
           from
           Kings
           ,
           
             Mem.
             Ambassad
             .
             pag.
          
           334.
           
        
         
           The
           Cantons
           of
           Swisse
           were
           even
           of
           late
           a
           part
           of
           the
           Empire
           :
           But
           by
           the
           Treaty
           betwixt
           the
           Empire
           and
           the
           King
           of
           Swed
           ,
           1648.
           they
           are
           declared
           Free
           States
           ,
           
             Et
             in
             possessione
             seu
             quasi
             possessione
             libertatis
             ,
             &
             exemptionis
             ab
             Imperio
             .
          
           And
           now
           their
           Ambassadours
           or
           Envoys
           take
           place
           after
           the
           Venetian
           ,
           and
           
             States
             General
          
           .
           And
           albeit
           
             Nolden
             de
             Stat.
             Nobil
          
           .
           Thinks
           that
           if
           they
           were
           called
           to
           fit
           with
           the
           States
           of
           the
           Empire
           upon
           any
           extraordinar
           Occasion
           ,
           they
           were
           not
           to
           be
           preferred
           to
           the
           Princes
           of
           the
           Empire
           ,
           and
           much
           less
           to
           the
           Electors
           :
           For
           
             licet
             jura
             Principum
             habent
             passive
             &
             materialiter
             ,
             Principes
             tamen
             non
             sunt
             formaliter
             &
             active
             .
          
           Yet
           other
           Lawyers
           prefer
           them
           to
           all
           the
           other
           States
           and
           Princes
           of
           the
           Empire
           ,
           except
           the
           Electors
           ,
           
             Crus
             .
             pag.
          
           556.
           
           The
           French
           King
           treats
           them
           with
           the
           title
           of
           
             Magnifiques
             Seigneurs
          
           :
           And
           though
           their
           Deputies
           could
           not
           prevail
           with
           the
           French
           King
           ,
           in
           anno
           1602.
           and
           1603.
           to
           be
           covered
           when
           he
           received
           them
           ;
           Yet
           I
           conceive
           ,
           that
           now
           they
           will
           be
           received
           as
           the
           Ambassadours
           of
           Holland
           or
           Venice
           ,
           who
           are
           covered
           at
           their
           Reception
           ,
           since
           in
           anno
           1646.
           they
           are
           acknowledged
           to
           be
           a
           Free
           State.
           
        
         
           The
           Grison
           Ambassadours
           were
           received
           in
           anno
           1627.
           as
           the
           Ministers
           sent
           by
           the
           Princes
           of
           the
           Empire
           ,
           and
           with
           the
           same
           Honours
           .
        
      
       
         
         
           CHAP
           VI.
           Of
           the
           Precedency
           of
           the
           Electors
           and
           the
           Princes
           of
           the
           Empire
           .
        
         
           AMongst
           the
           Princes
           of
           the
           Empire
           ,
           the
           Electors
           are
           still
           preferred
           :
           Which
           Electoral
           Colledge
           (
           though
           said
           to
           be
           Founded
           by
           the
           Emperour
           Otho
           the
           third
           ,
           and
           Pope
           Gregory
           the
           fifth
           ,
           anno
           997
           )
           yet
           it
           is
           more
           probable
           ,
           that
           the
           said
           Constitution
           arose
           from
           the
           great
           Difficulties
           under
           which
           the
           Empyre
           was
           Sunk
           ,
           after
           the
           Death
           of
           Frederick
           the
           second
           .
        
         
           Amongst
           the
           Electors
           ,
           the
           Ecclesiasticks
           are
           preferred
           to
           the
           Laicks
           .
        
         
           The
           Ecclesiastick
           Electors
           ,
           are
           ,
           the
           Arch-bishops
           of
           
             Mentz
             ,
             Cullen
          
           ,
           and
           Treves
           ,
           whose
           Precedency
           amongst
           themselves
           was
           first
           Determined
           by
           Charles
           the
           fourth
           :
           So
           as
           that
           the
           Bishop
           of
           Treves
           was
           to
           sit
           just
           over
           against
           the
           Emperour
           ;
           The
           Bishop
           of
           Mentz
           ,
           was
           to
           take
           place
           in
           all
           his
           own
           Dyocie
           ,
           and
           in
           all
           Germany
           ▪
           Whereas
           the
           Arch-bishop
           of
           Cullen
           ,
           was
           to
           take
           place
           in
           all
           his
           own
           Dyocie
           ,
           and
           in
           Italy
           ,
           and
           France
           .
           And
           of
           old
           in
           the
           Election
           of
           the
           Emperour
           ,
           the
           Bishop
           of
           Mentz
           was
           preferred
           as
           Arch-chancellor
           of
           Germany
           :
           The
           Arch-bishop
           of
           Treves
           as
           Arch-Chancellour
           of
           France
           :
           And
           the
           Arch-bishop
           of
           Cullen
           as
           Arch-chancellour
           of
           Italy
           ;
           Which
           Order
           was
           confirmed
           by
           Frederick
           the
           1.
           anno
           1158.
           
        
         
           The
           Secular
           Electors
           are
           Ranked
           thus
           ,
           by
           the
           Golden-bull
           of
           Charles
           the
           fourth
           .
        
         
           The
           Duke
           of
           Saxony
           carries
           the
           Sword
           ,
           immediately
           in
           all
           Processions
           before
           the
           Emperour
           :
           The
           Count-Palatin
           the
           Imperial
           Aple
           ,
           walking
           on
           the
           Emperours
           Right
           hand
           :
           The
           Marquess
           of
           Brandenburg
           the
           Scepter
           ,
           on
           the
           Left
           hand
           ;
           And
           the
           King
           of
           Bohemia
           was
           to
           follow
           him
           immediately
           .
           But
           when
           they
           sit
           at
           any
           Solemnity
           ,
           by
           the
           same
           Bull
           ,
           The
           King
           of
           Bohemia
           (
           being
           a
           Crowned-head
           )
           was
           to
           sit
           first
           ,
           upon
           the
           Emperours
           Right
           hand
           ,
           after
           the
           King
           of
           the
           Romans
           ,
           and
           the
           Arch-bishops
           of
           Mentz
           ,
           and
           Cullen
           :
           And
           upon
           the
           Left
           ,
           after
           the
           Ecclesiastick
           Electors
           ,
           the
           Duke
           of
           Saxony
           had
           the
           first
           place
           ,
           and
           the
           Marquess
           of
           Brandenburg
           the
           second
           .
           But
           yet
           I
           find
           Beutherus
           ,
           and
           other
           German
           Lawyers
           ,
           contend
           from
           old
           Manuscripts
           ,
           That
           at
           first
           Brandenburg
           had
           the
           Precedency
           from
           the
           Electors
           ,
           Palatin
           ,
           and
           Saxony
           .
        
         
           The
           Duke
           of
           Bavaria
           did
           of
           old
           Contend
           with
           the
           Duke
           of
           Saxony
           ,
           in
           anno
           1521.
           and
           their
           Debates
           continued
           by
           protestations
           for
           many
           years
           ;
           And
           with
           the
           Elector
           Palatin
           ,
           till
           the
           Emperour
           Lewis
           the
           fourth
           Ordained
           the
           Palatin
           and
           Bavaria
           to
           preceed
           one
           another
           alternately
           :
           Though
           since
           the
           late
           Waries
           of
           Germany
           ,
           the
           Elector
           Palatin
           having
           Usurped
           the
           Crown
           of
           Bohemia
           ,
           the
           Duke
           of
           Bavaria
           was
           made
           the
           first
           Elector
           in
           his
           place
           ,
           the
           Elector
           Palatin
           being
           now
           the
           last
           of
           the
           Electors
           .
        
         
           It
           is
           also
           observable
           ,
           That
           if
           any
           of
           the
           Electors
           themselves
           be
           present
           ,
           they
           
           are
           preferred
           to
           the
           Ambassadours
           ,
           and
           Representatives
           of
           all
           the
           absent
           Electors
           ;
           as
           was
           Decided
           in
           anno
           .
           1654.
           
           Excepting
           onely
           the
           Ambassadours
           of
           Austria
           ,
           and
           the
           Ambassadours
           of
           Forreign
           Kings
           ,
           were
           still
           allowed
           to
           take
           place
           from
           all
           the
           Electors
           ,
           except
           the
           King
           of
           Bohemia
           ,
           in
           all
           the
           Solemnities
           of
           the
           Empire
           .
           But
           the
           Ambassadours
           of
           Common-wealths
           having
           claimed
           the
           same
           precedency
           ,
           The
           Emperour
           Leopold
           has
           Decerned
           against
           them
           ,
           in
           favours
           of
           the
           Electors
           ,
           
             Crus
             .
             lib.
          
           4.
           cap.
           4.
           
        
         
           The
           eldest
           Sons
           of
           the
           Electors
           preceed
           all
           the
           other
           Princes
           of
           the
           Empire
           .
        
         
           The
           Arch-dukes
           of
           Austria
           have
           the
           first
           Seat
           next
           to
           the
           Electors
           .
        
      
       
         
           CHAP.
           VII
           .
           Of
           the
           Precedency
           of
           Church-men
           .
        
         
           I
           Need
           not
           debate
           the
           Differencies
           that
           have
           fallen
           in
           amongst
           the
           Patriarchs
           of
           
             Rome
             ,
             Constantinople
             ,
             Antioch
             ,
             Alexandria
             ,
          
           and
           Ierusalem
           :
           Those
           of
           Rome
           and
           Constantinople
           having
           claimed
           Precedency
           ,
           because
           their
           See
           were
           the
           seats
           of
           the
           Roman
           and
           Grecian
           Empires
           ;
           Those
           of
           Ierusalem
           claiming
           preference
           ,
           because
           the
           chief
           Priest-hood
           was
           once
           settled
           there
           ;
           Those
           of
           Antioch
           claiming
           precedency
           ,
           because
           Antioch
           was
           the
           first
           seat
           of
           Christianity
           ,
           as
           is
           clear
           by
           the
           11.
           chapter
           of
           the
           Acts
           ;
           And
           those
           of
           Alexandria
           ,
           pretending
           that
           they
           were
           equal
           to
           the
           Roman
           Patriarch
           ,
           at
           least
           ,
           because
           Alexandria
           was
           the
           chief
           City
           of
           the
           East
           before
           the
           building
           of
           Constantinople
           ,
           and
           the
           Church
           thereof
           being
           by
           
             Euseb.
             lib.
          
           11.
           said
           to
           be
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           .
           
             vide
             ,
             Salmas
             .
             de
             Primat
             .
             pap
             .
             cap.
          
           12.
           
           Thus
           far
           did
           Precedency
           invade
           even
           Religion
           ,
           and
           raise
           Emulation
           amongst
           those
           who
           pretended
           to
           be
           the
           greatest
           Paterns
           of
           Humility
           .
        
         
           The
           Roman
           Patriarch
           was
           by
           Phocas
           the
           Emperour
           raised
           above
           all
           the
           rest
           ,
           in
           the
           year
           606.
           since
           which
           time
           they
           have
           raised
           themselves
           by
           several
           Degrees
           to
           the
           Papacy
           ,
           though
           it
           cannot
           be
           denyed
           but
           even
           before
           that
           time
           ,
           the
           Bishops
           of
           Rome
           had
           the
           first
           Seat
           in
           all
           Councils
           ,
           as
           is
           clear
           by
           
             Iustinians
             Novella
          
           .
           131.
           cap.
           2.
           
           And
           in
           the
           Council
           of
           
             Nice
             ,
             Adrian
          
           Bishop
           of
           Rome
           had
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           :
           But
           the
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           Or
           the
           power
           of
           preceeding
           did
           still
           belong
           to
           the
           Emperours
           ,
           as
           hath
           been
           fully
           cleared
           by
           Crusius
           and
           others
           :
           And
           though
           it
           be
           pretended
           ,
           that
           Constantine
           the
           Great
           did
           from
           Christian
           Humility
           ,
           prefer
           the
           Successour
           of
           St.
           Peter
           as
           Vicar
           of
           
             IESVS
             CHRIST
          
           to
           himself
           ;
           and
           that
           in
           the
           Canon
           Law
           ,
           
             cap.
             Constantinus
          
           14.
           
           Dist.
           96.
           the
           Emperour
           Constantin
           is
           brought
           in
           acknowledging
           himself
           to
           have
           led
           the
           Popes
           Bridle
           ,
           and
           in
           the
           Famous
           Ceremonial
           of
           
             Rome
             :
             Fol.
          
           21.
           the
           Emperour
           is
           allowed
           no
           higher
           place
           then
           the
           Popes
           Foot-stool
           ;
           Yet
           Frederick
           the
           1.
           
           Emperour
           did
           contentiously
           Debate
           this
           Precedency
           with
           Adrian
           the
           fourth
           ,
           since
           which
           time
           it
           hath
           been
           variously
           acquiesced
           in
           by
           Popes
           and
           Emperours
           .
           And
           though
           the
           Legats
           be
           Representatives
           of
           the
           Popes
           ,
           yet
           Thuan
           tells
           
           us
           ,
           lib.
           98.
           
           That
           the
           Learned
           Brissonius
           President
           of
           the
           Parliament
           of
           Paris
           ,
           would
           not
           suffer
           the
           Popes
           Legat
           to
           preceed
           him
           .
           And
           at
           the
           Coronation
           of
           Charles
           the
           fifth
           ,
           the
           Pops
           Legat
           was
           denyed
           the
           precedency
           from
           the
           Electors
           .
        
         
           The
           Cardinals
           have
           Debated
           for
           Precedency
           with
           the
           Patriarchs
           ,
           though
           by
           the
           Novella
           ,
           132.
           c.
           2.
           
           Iustinian
           places
           Patriarchs
           next
           to
           the
           Pope
           :
           And
           
             Panormit
             .
             in
             cap.
             antiqua
          
           X
           
             de
             privileg
             .
             &
             excess
             .
             Praelat
             .
          
           prefers
           the
           Patriarchs
           to
           the
           Cardinals
           ;
           and
           now
           by
           the
           Concession
           of
           
             Sextus
             Quintus
          
           ,
           that
           Pope
           ,
           hath
           raised
           the
           Cardinals
           to
           an
           equal
           Degree
           with
           Kings
           ,
           and
           if
           Kings
           be
           present
           at
           Table
           ,
           or
           other
           Solemnities
           with
           Cardinals
           ,
           If
           there
           be
           but
           one
           King
           ,
           he
           is
           to
           sit
           after
           the
           first
           Cardinal
           Bishop
           ,
           and
           if
           there
           be
           moe
           Kings
           ,
           they
           sit
           mixtly
           with
           the
           Cardinals
           ,
           first
           a
           Cardinal
           and
           then
           a
           King
           :
           But
           though
           this
           holds
           amongst
           Popish
           Princes
           ,
           yet
           the
           Authour
           of
           
             Les
             Memoirs
             des
             Ambassadeurs
          
           does
           Observe
           ,
           That
           
             Leicester
             ,
             Grotius
          
           ,
           and
           the
           other
           Ambassadours
           of
           PROTESTANT
           Princes
           never
           yeelded
           Precedency
           to
           Cardinals
           ,
           till
           Lockhart
           Ambassadour
           for
           Cromwel
           yeelded
           it
           to
           Cardinal
           Mazarine
           ;
           Where
           he
           likewise
           observes
           ,
           That
           though
           the
           Prince
           of
           Condie
           ,
           yeelded
           the
           Precedency
           to
           Cardinal
           Rechlieu
           ,
           yet
           the
           Count
           of
           Soisson
           refused
           it
           .
        
         
           
             The
             Bishops
             of
             Scotland
             preceed
             in
             this
             manner
             .
          
           
             Arch-bishops
             of
             St.
             Andrews
             ,
          
           
             Arch-bishops
             of
             Glasgow
             .
          
           
             Bishops
             of
             Edinburgh
             ,
          
           
             Bishops
             of
             Galloway
             ,
          
           
             Bishops
             of
             Dunkel
             ,
          
           
             Bishops
             of
             Aberdeen
             ,
          
           
             Bishops
             of
             Murray
             ,
          
           
             Bishops
             of
             Rosse
             ,
          
           
             Bishops
             of
             Brechin
             ,
          
           
             Bishops
             of
             Dumblane
             ,
          
           
             Bishops
             of
             Caithness
             ,
          
           
             Bishops
             of
             the
             Isles
             ,
          
           
             Bishops
             of
             Argyl
             ,
          
           
             Bishops
             of
             Orknay
             .
          
        
         
           I
           find
           by
           Letter
           in
           anno
           1625.
           that
           before
           King
           Iames
           going
           into
           England
           ,
           the
           Marquesses
           of
           Scotland
           did
           take
           place
           from
           the
           Arch-bishops
           ;
           But
           now
           the
           Arch-bishops
           take
           place
           from
           all
           Dukes
           and
           Marquesses
           ,
           in
           imitation
           of
           England
           :
           And
           by
           a
           Letter
           in
           anno
           1626.
           renewed
           in
           anno
           1664.
           
           The
           Arch-bishop
           of
           St.
           Andrews
           is
           to
           take
           place
           from
           all
           Subjects
           ,
           which
           is
           to
           be
           limited
           ,
           as
           not
           to
           exclude
           the
           Kings
           Children
           ,
           and
           Brothers
           as
           I
           conceive
           ;
           And
           
             de
             facto
          
           the
           Arch-bishops
           of
           St.
           Andrews
           ceds
           to
           the
           Chancellour
           ,
           since
           the
           Letter
           .
        
         
           
           
             The
             Bishops
             of
             England
             Preceed
             thus
             ▪
          
           
             Arch-bishops
             of
             Canterbury
             ,
          
           
             Arch-bishops
             of
             York
             .
          
           
             Bishops
             of
             London
             ,
          
           
             Bishops
             of
             Durham
             ,
          
           
             Bishops
             of
             Winchester
             ,
          
           
             Bishops
             of
             St.
             Davids
             ,
          
           
             Bishops
             of
             Ely
             ,
          
           
             Bishops
             of
             Norwich
             ,
          
           
             Bishops
             of
             Hereford
             ,
          
           
             Bishops
             of
             Salisbury
             ,
          
           
             Bishops
             of
             Peterborough
             ,
          
           
             Bishops
             of
             Carlisle
             ,
          
           
             Bishops
             of
             Worcester
             ,
          
           
             Bishops
             of
             Rochester
             ,
          
           
             Bishops
             of
             Landaff
             ,
          
           
             Bishops
             of
             Lincoln
             ,
          
           
             Bishops
             of
             Bangor
             ,
          
           
             Bishops
             of
             Exeter
             ,
          
           
             Bishops
             of
             Chichester
             ,
          
           
             Bishops
             of
             St.
             Asaph
             ,
          
           
             Bishops
             of
             Oxford
             ,
          
           
             Bishops
             of
             Lichfield
             and
             Coventrie
             ,
          
           
             Bishops
             of
             Bristol
             ,
          
           
             Bishops
             of
             Glocester
             ,
          
           
             Bishops
             of
             Chester
             ,
          
           
             Bishops
             of
             Bath
             and
             Wells
             .
          
        
      
       
         
           CHAP.
           VIII
           .
           General
           Observations
           concerning
           the
           Precedency
           of
           Subjects
           .
        
         
           NObility
           is
           devided
           with
           Us
           ,
           as
           in
           England
           in
           
             Nobiles
             Majores
             &
             Minores
          
           ,
           the
           Greater
           and
           the
           Lesser
           Nobility
           :
           Under
           the
           Greater
           are
           comprehended
           all
           such
           as
           are
           Lords
           of
           Parliament
           :
           Under
           the
           Lesser
           are
           comprehended
           Knights
           and
           Gentlemen
           .
           And
           though
           all
           these
           be
           not
           Peers
           of
           Parliament
           ,
           yet
           they
           are
           all
           Peers
           to
           one
           another
           ;
           And
           thus
           a
           Gentlemen
           may
           be
           offered
           to
           a
           Dukes
           Daughter
           ,
           whose
           Ward
           and
           Marriage
           falls
           to
           the
           King
           ,
           as
           has
           been
           often
           decyded
           ,
           nor
           can
           that
           Match
           be
           refused
           upon
           the
           account
           of
           Inequality
           :
           And
           it
           hath
           been
           found
           ,
           that
           though
           Noblemen
           must
           be
           judged
           by
           their
           Peers
           ,
           yet
           Landed
           Gentlemen
           may
           pass
           upon
           their
           Assyse
           ;
           and
           a
           Nobleman
           is
           oblieged
           to
           accept
           of
           a
           Challenge
           from
           a
           Gentleman
           as
           his
           Peer
           ,
           where
           Duels
           are
           Lawful
           .
           Under
           the
           word
           Barron
           all
           Our
           Nobility
           are
           comprehended
           ,
           as
           is
           clear
           by
           the
           81.
           
           
             Act.
             Parl.
          
           14.
           
           Ia.
           2d
           .
           And
           the
           Inscription
           of
           the
           first
           Parliament
           of
           K.
           Ia.
           5th
           .
           where
           the
           Parliament
           is
           said
           to
           be
           holden
           
             per
             Regis
             &
             Regni
             tutorem
             una
             cum
             Praelatis
             Barronibus
             &
             Burgorum
             Commissariis
             .
          
           Albeit
           the
           Parliament
           of
           Rob.
           1.
           was
           
             cum
             Episcopis
             ,
             Abbatibus
             ,
             Prioribus
             ,
             Comitibus
             ,
             Barronibus
             ,
             &
             aliis
             Magnatibus
             ,
          
           which
           shews
           ,
           that
           there
           were
           other
           
             Magnates
             infra
             Barrones
          
           .
           It
           may
           be
           Doubted
           ,
           Whether
           the
           Younger
           Son
           of
           Dukes
           ,
           Marquesses
           ,
           &c.
           are
           to
           be
           Ranked
           
             inter
             Nobiles
             majores
          
           ,
           since
           they
           sit
           not
           in
           Parliament
           ;
           Or
           
           
             inter
             Nobiles
             Minores
          
           ,
           since
           they
           are
           designed
           Lords
           ,
           and
           take
           place
           from
           many
           of
           the
           
             Nobiles
             Majores
          
           .
        
         
           The
           Sons
           of
           the
           Kings
           of
           France
           were
           all
           Kings
           ,
           and
           Soveraigns
           in
           the
           first
           two
           Races
           ,
           Because
           ,
           according
           to
           the
           old
           German
           Custom
           ,
           the
           Few
           and
           Honours
           were
           devided
           equally
           amongst
           the
           Sons
           :
           As
           now
           all
           the
           Sons
           of
           a
           Duke
           are
           Dukes
           there
           ,
           &c.
           
           But
           thereafter
           all
           the
           other
           Children
           ,
           except
           the
           Eldest
           ,
           got
           onely
           place
           and
           Precedency
           according
           to
           their
           Offices
           or
           Dignities
           ,
           until
           
             Philip
             de
             Valois
          
           Succeeded
           as
           Prince
           of
           the
           Blood
           in
           a
           remot
           Degree
           ;
           After
           which
           ,
           the
           French
           thought
           fit
           to
           give
           Precedency
           to
           those
           ,
           who
           might
           one
           day
           be
           their
           King
           :
           And
           so
           all
           the
           Princes
           of
           the
           Blood
           got
           precedency
           from
           all
           Subjects
           .
        
         
           With
           Us
           the
           Kings
           Children
           ,
           Uncles
           ,
           and
           Nephews
           ,
           onely
           had
           precedency
           from
           all
           Subjects
           ;
           And
           in
           SCOTLAND
           no
           remoter
           Degree
           preceed
           as
           Princes
           of
           the
           Blood
           ,
           For
           the
           Families
           of
           
             Hamiltoun
             ,
             Kinghorne
             ,
             Fintrie
          
           ,
           and
           others
           are
           Descended
           from
           Our
           Kings
           by
           lawful
           Marriages
           ,
           but
           had
           no
           precedency
           upon
           that
           account
           .
        
         
           The
           first
           place
           next
           to
           the
           King
           is
           due
           to
           the
           Prince
           of
           SCOTLAND
           amongst
           Us
           ,
           who
           is
           likewise
           Duke
           of
           Rothesay
           ;
           as
           the
           second
           Son
           is
           Earle
           of
           Ross
           ,
           that
           being
           an
           Appanage
           inseparable
           from
           him
           by
           Act
           of
           Parliament
           :
           But
           at
           present
           his
           Royal
           Highness
           is
           with
           Us
           Duke
           of
           Albany
           ,
           as
           he
           is
           Duke
           of
           York
           in
           England
           .
        
         
           It
           has
           been
           doubted
           ,
           Whether
           the
           Kings
           Son
           ,
           Uncle
           ,
           Nephew
           ,
           &c.
           have
           the
           Precedency
           from
           the
           Kings
           Officers
           in
           the
           actual
           exercise
           of
           their
           Office
           ,
           as
           at
           Coronations
           ,
           Riding
           of
           Parliaments
           ,
           in
           which
           it
           is
           the
           Constables
           priviledge
           to
           ride
           upon
           the
           Kings
           Right
           hand
           ,
           and
           the
           Marishals
           on
           his
           Left
           ,
           in
           his
           return
           from
           the
           Parliament
           house
           :
           The
           Reason
           of
           which
           Difficulty
           is
           ,
           because
           these
           are
           Acts
           which
           follow
           the
           office
           and
           not
           Blood
           ,
           and
           the
           Nature
           of
           the
           Action
           requires
           that
           they
           should
           be
           posted
           ,
           where
           they
           may
           be
           most
           serviceable
           .
           I
           find
           likewise
           ,
           that
           this
           hath
           been
           Debated
           in
           France
           ,
           whereupon
           in
           anno
           1576.
           
           Henry
           the
           third
           emitted
           an
           Ordinance
           in
           Favours
           of
           the
           Princes
           of
           the
           Blood
           ;
           And
           with
           Us
           ,
           his
           Royal
           Highness
           the
           Duke
           of
           York
           at
           His
           Majesties
           Coronation
           preceeded
           all
           the
           Officers
           .
        
         
           Amongst
           the
           Princes
           of
           the
           Blood
           ,
           the
           Last
           descended
           from
           the
           Royal
           Family
           has
           still
           Precedency
           accordingly
           ;
           But
           though
           this
           hold
           in
           the
           Branches
           ,
           yet
           the
           Eldest
           of
           the
           same
           Branch
           will
           preceed
           all
           of
           that
           Branch
           ,
           and
           thus
           the
           Prince
           Palatins
           Grand-Child
           would
           succeed
           to
           the
           Crown
           before
           Prince
           Rupert
           his
           Brother
           ,
           though
           Prince
           Rupert
           be
           several
           Degrees
           nearer
           .
        
         
           I
           find
           that
           of
           old
           all
           Church-men
           were
           Ranked
           together
           ,
           and
           were
           first
           Ranked
           before
           all
           Laicks
           :
           And
           thus
           the
           Parliament
           of
           King
           Robert
           the
           first
           ,
           was
           
             habito
             Solemni
             tractatu
             cum
             Episcopis
             ,
             Abbatibus
             ,
             Prioribus
             ,
             Comitibus
          
           ;
           and
           even
           before
           the
           Kings
           Sons
           ,
           Brothers
           ,
           or
           Nephews
           .
           Thus
           King
           Robert
           the
           first
           grants
           a
           Charter
           to
           the
           Abbacy
           of
           Aberbrothick
           ,
           Confirming
           a
           Ratification
           made
           to
           them
           be
           Lundie
           ,
           wherein
           the
           Witnesses
           are
           ,
           Reverendis
           Waltero
           &
           Gilberto
           
             Episcopis
             ,
             &c.
          
           
           Davide
           
             Duce
             de
             Rothesay
             ,
             Comite
             de
          
           Carrick
           ,
           
             Carissimo
             nostro
             Filio
             primigenito
          
           ,
           Roberto
           
             Duce
             de
          
           Albania
           Comite
           Fyffe
           
             &
             Fratre
             nostro
          
           :
           And
           even
           the
           Abbots
           and
           Priors
           were
           Ranked
           before
           them
           ,
           and
           when
           any
           of
           them
           were
           Officers
           of
           State
           ,
           they
           were
           named
           according
           to
           their
           Ecclesiastick
           preferments
           :
           Thus
           
             Iacobo
             Sancti
          
           Andreae
           Episcopo
           ,
           Galvino
           Archiepiscopo
           Glaseuensi
           
             Cancellario
             nostro
          
           .
           And
           in
           the
           Session
           when
           it
           consisted
           of
           half
           Church-men
           ,
           half
           
           Laicks
           ,
           the
           Church-men
           sat
           on
           the
           Chancellors
           Right
           hand
           ,
           and
           Voted
           first
           :
           But
           it
           does
           not
           follow
           from
           these
           Instances
           ,
           that
           therefore
           of
           old
           any
           Church-man
           did
           take
           place
           from
           the
           Kings
           Son
           ,
           no
           more
           then
           that
           a
           Bishop
           took
           then
           place
           of
           an
           Earl
           ,
           because
           he
           was
           named
           before
           them
           .
        
         
           The
           Archbishop
           of
           St.
           Andrews
           was
           by
           a
           special
           Letter
           in
           anno
           1626.
           and
           Renewed
           in
           Ianuary
           ,
           1664.
           
           Declared
           to
           have
           the
           Precedency
           from
           the
           Chancellor
           ,
           and
           all
           His
           Majesties
           Subjects
           :
           In
           time
           of
           Popery
           ,
           he
           was
           
             Legatus
             natus
          
           ,
           and
           both
           then
           and
           now
           he
           is
           
             totius
             Scotiae
             Primas
          
           ;
           But
           though
           by
           this
           Letter
           he
           is
           Ordained
           to
           take
           the
           place
           of
           all
           Subjects
           ,
           yet
           I
           think
           it
           would
           not
           give
           him
           place
           from
           the
           Kings
           Sons
           ,
           Uncles
           ,
           and
           Nephews
           ,
           though
           they
           be
           likewise
           Subjects
           ;
           since
           the
           word
           Subjects
           must
           be
           here
           Interpret
           according
           to
           the
           Custom
           of
           Nations
           ,
           by
           which
           these
           near
           Relations
           of
           Princes
           are
           preferred
           to
           all
           other
           Subjects
           .
           The
           Nobility
           of
           Scotland
           were
           either
           Declared
           such
           by
           Feudal
           Erections
           ,
           their
           Lands
           being
           Erected
           by
           the
           King
           in
           a
           Dutchy
           ,
           Earldom
           ,
           &c.
           which
           did
           of
           it self
           make
           him
           a
           Duke
           or
           Earl
           ,
           in
           whose
           Favours
           the
           Lands
           were
           so
           Erected
           ;
           Or
           else
           they
           got
           Patents
           of
           Honour
           ,
           Declaring
           them
           Dukes
           ,
           Earles
           ,
           &c.
           and
           this
           is
           a
           much
           later
           way
           ,
           none
           being
           Nobilitated
           by
           Patents
           amongst
           Us
           before
           King
           Iames
           the
           first
           .
        
         
           The
           third
           way
           of
           Nobilitating
           with
           Us
           ,
           is
           by
           Creation
           and
           Solemn
           Investiture
           ,
           the
           whole
           Form
           whereof
           will
           in
           all
           its
           Ceremonies
           be
           best
           known
           by
           the
           following
           Narration
           .
        
         
           
             The
             Form
             of
             the
             Creation
             of
             the
             Marquess
             of
             Hamilton
             ,
             and
             Marquess
             of
             Huntly
             ,
             tuesday
             the
             17
             of
             
               April
               ,
               1599.
            
             
          
           
             IN
             His
             Majesties
             great
             Chamber
             in
             the
             Abbay
             of
             Holy-rood-house
             ,
             where
             the
             like
             Ceremony
             was
             wont
             to
             be
             done
             ,
             being
             richly
             hung
             with
             Tapistry
             ,
             five
             Stages
             or
             Degrees
             of
             Timber
             were
             Erected
             ;
             One
             for
             His
             Maiesty
             on
             the
             
             West-side
             ,
             whereon
             His
             Majesties
             Chair
             of
             State
             was
             set
             under
             the
             pale
             of
             Honour
             ;
             One
             for
             the
             Duke
             ;
             One
             for
             the
             Earles
             ;
             One
             for
             the
             Lords
             ;
             and
             one
             for
             the
             Knights
             :
             There
             was
             also
             before
             the
             Throne
             a
             Table
             covered
             with
             cloath
             of
             Gold
             ,
             whereon
             was
             laid
             the
             Sword
             ,
             Scepter
             ,
             and
             Crown
             ,
             the
             Noblemen
             attending
             the
             Ceremony
             in
             their
             respective
             Seats
             in
             their
             Robes
             ,
             and
             His
             Majestie
             in
             His
             Rob-Royal
             ,
             being
             placed
             in
             His
             Chair
             ,
             The
             Queen
             sitting
             by
             ;
             The
             Lyon
             King
             of
             Arms
             ,
             and
             Master
             of
             Ceremonies
             ,
             With
             the
             Heraulds
             and
             Pursivants
             in
             their
             Coats
             ,
             and
             Trumpets
             sounding
             ,
             brought
             in
             before
             His
             Majesty
             these
             two
             Noblemen
             ,
             viz.
             The
             Earles
             of
             Arran
             and
             Huntly
             ,
             the
             first
             conveyed
             be
             the
             Duke
             of
             Lennox
             ,
             and
             Earl
             of
             Mar
             ,
             the
             second
             be
             the
             Chancellor
             ,
             and
             Earl
             of
             Caithnes
             .
             Thereafter
             the
             Lyon
             asked
             His
             Majesty
             ,
             If
             His
             Majesty
             would
             be
             pleased
             to
             promote
             these
             Noblemen
             to
             further
             Honours
             :
             His
             Majesty
             answered
             ,
             Yes
             .
             Then
             the
             Lyon
             ,
             Master
             of
             Ceremonies
             ,
             with
             Heraulds
             ,
             Pursivants
             ,
             and
             Trumpets
             ,
             Conveyed
             them
             into
             the
             Green
             Council-chamber
             ,
             where
             they
             were
             Devested
             of
             their
             Comital
             Robes
             ,
             and
             Vested
             in
             the
             habit
             of
             a
             Marquess
             ,
             And
             so
             were
             again
             conveyed
             to
             His
             Majesties
             presence
             thus
             ,
          
           
           
             The
             Ordinary
             Macers
             that
             attend
             the
             Chancellor
             and
             Session
             making
             place
             :
             
               
                 Master
                 of
                 Ceremonies
                 .
              
               
                 Trumpets
                 sounding
                 with
                 the
                 Noblemens
                 Colours
                 at
                 their
                 Trumpets
                 ,
              
               
                 Pursivants
                 in
                 their
                 Coats
                 ;
              
               
                 Heraulds
                 in
                 their
                 Coats
                 ;
              
               
                 Four
                 Gentlemen
                 for
                 each
                 of
                 the
                 Persons
                 to
                 be
                 Created
                 ,
                 bearing
                 their
                 Honours
                 ,
                 viz.
                 For
                 my
                 Lord
                 
                   Arran
                   ,
                   Robert
                   Hamilton
                
                 of
                 Goslington
                 ,
                 the
                 Penon
                 ;
                 
                   Alexander
                   Hamilton
                
                 of
                 Fenton
                 ,
                 the
                 Banner
                 ;
                 
                   Claud
                   Hamilton
                
                 of
                 Shawfield
                 ,
                 the
                 Marquess
                 Crown
                 ;
                 
                   Iohn
                   Campbel
                
                 of
                 Ardkinlas
                 ,
                 the
                 Patent
                 .
                 For
                 my
                 Lord
                 
                   Huntly
                   ,
                   Iohn
                   Ogilvy
                
                 of
                 the
                 Craig
                 ,
                 the
                 Penon
                 ;
                 
                   Iohn
                   Crichton
                
                 of
                 Frendraught
                 ,
                 the
                 Banner
                 ;
                 
                   Mark
                   Ker
                
                 of
                 Ormistoun
                 ,
                 the
                 Crown
                 ;
                 
                   Alexander
                   Gordon
                
                 of
                 Strathdon
                 ,
                 the
                 Patent
                 .
              
               
                 Lyon
                 King
                 of
                 Arms.
                 
              
            
          
           
             The
             two
             Earles
             conveyed
             be
             the
             forenamed
             Noblemen
             in
             their
             respective
             Robes
             ,
             and
             Crowns
             on
             their
             Heads
             :
          
           
             Coming
             before
             the
             King
             they
             made
             their
             Reverence
             ;
             Then
             they
             were
             led
             up
             by
             the
             Master
             of
             Ceremonies
             some
             steps
             ,
             and
             sitting
             down
             on
             their
             Knees
             on
             Velvet
             Cushions
             ,
             the
             Lyon
             made
             an
             Harrangue
             ,
             both
             to
             His
             Majesty
             and
             to
             them
             ,
             Declaring
             to
             the
             Noblemen
             ,
             That
             it
             pleased
             His
             Majesty
             to
             promote
             them
             to
             that
             Dignity
             ,
             and
             that
             he
             desired
             them
             to
             Fear
             GOD
             ,
             and
             obey
             His
             Power
             :
             Then
             he
             took
             their
             Oaths
             ,
             that
             they
             should
             obey
             GOD
             ,
             his
             Majesty
             ,
             and
             mantain
             the
             Religion
             then
             profest
             .
             Thereafter
             the
             Lyon
             delivered
             to
             His
             Majesty
             the
             Patents
             ,
             and
             His
             Majesty
             redelivered
             them
             to
             the
             Lyon
             ,
             who
             gave
             them
             to
             the
             Noblemen
             ,
             In
             token
             that
             they
             should
             obey
             GOD
             and
             His
             Majesties
             Laws
             :
             Afterwards
             ,
             the
             Lyon
             delivered
             His
             Majesty
             the
             Marquesses
             Coronets
             ,
             His
             Majesty
             redelivered
             them
             to
             the
             Lyon
             ,
             The
             Lyon
             put
             the
             Crowns
             on
             their
             Heads
             ,
             saying
             ,
             Iohn
             Marquess
             of
             Hamilton
             ,
             Earl
             of
             Arran
             ,
             Lord
             Even
             ,
             &c.
             
             George
             Marquess
             of
             Huntly
             ,
             Earl
             of
             Enzie
             ,
             Lord
             Gordon
             ,
             and
             Badzenoch
             ,
             &c.
             
             The
             same
             was
             Proclaimed
             furth
             of
             the
             windows
             by
             the
             Heraulds
             and
             Pursivants
             ,
             with
             sound
             of
             Trumpet
             :
             Then
             were
             they
             conveyed
             to
             their
             Seats
             ,
             and
             placed
             above
             the
             Earles
             ,
             upon
             the
             Kings
             left
             Hand
             ,
             Trumpets
             sounding
             .
          
           
             The
             Lyon
             desired
             His
             Majesty
             to
             Honour
             the
             Gentlemen
             ,
             who
             bare
             the
             Honours
             ,
             with
             the
             Honour
             of
             Knight-hood
             ,
             His
             Majesty
             consented
             :
             The
             Lyon
             caused
             them
             sit
             down
             on
             their
             Knees
             at
             the
             foot
             of
             all
             the
             Stage
             ,
             and
             after
             he
             had
             made
             an
             Exhortation
             to
             them
             ,
             and
             received
             all
             their
             Oaths
             ,
             they
             holding
             up
             their
             Hands
             ,
             and
             promising
             to
             obey
             all
             the
             Injunctions
             ,
             The
             Lyon
             presented
             the
             Sword
             to
             His
             Majesty
             ,
             who
             stroke
             each
             of
             them
             therewith
             on
             the
             Right
             shoulder
             ,
             and
             Sir
             offered
             the
             Spur
             ,
             the
             Lyon
             first
             proclaiming
             their
             Styls
             ,
             and
             after
             the
             Heraulds
             and
             Pursivants
             at
             the
             windows
             with
             sound
             of
             Trumpet
             .
          
           
             I
             find
             this
             Difference
             in
             the
             Creation
             of
             many
             Earles
             from
             what
             is
             here
             set
             down
             ,
             That
             the
             four
             Gentlemen
             bear
             the
             Honours
             thus
             ,
             The
             first
             ,
             the
             Penon
             ;
             the
             second
             ,
             the
             Standart
             ;
             the
             third
             ,
             Sword
             and
             Belt
             ;
             the
             fourth
             ,
             the
             Crown
             ;
             and
             lastly
             ,
             the
             Lyon
             bear
             the
             Patent
             in
             a
             Velvet
             bag
             :
             And
             that
             the
             Lyon
             offered
             first
             to
             His
             Majesty
             the
             Sword
             and
             Belt
             ,
             and
             receiving
             it
             back
             ,
             put
             it
             on
             the
             Person
             Nobilitat
             .
          
           
             As
             also
             when
             the
             King
             was
             not
             present
             ,
             and
             after
             His
             going
             to
             England
             ,
             The
             Ceremony
             was
             performed
             be
             His
             Majesties
             High
             Commissioner
             ,
             if
             there
             
             was
             one
             at
             the
             time
             ;
             Or
             otherwise
             a
             Writ
             was
             direct
             to
             the
             Lord
             Chancellor
             appointing
             him
             Commissioner
             for
             that
             Creation
             ,
             And
             then
             the
             first
             thing
             that
             was
             done
             after
             the
             person
             to
             be
             Created
             was
             brought
             in
             ,
             the
             Lyon
             gave
             the
             Patent
             to
             the
             Commissioner
             ,
             who
             gave
             it
             to
             the
             Register
             ,
             or
             Clerk
             of
             Council
             to
             be
             read
             .
             And
             I
             Observe
             this
             in
             all
             Our
             old
             Creations
             ,
             that
             if
             the
             person
             to
             be
             Dignified
             was
             a
             Lord
             formerly
             ,
             he
             was
             conveyed
             in
             be
             two
             Lords
             ,
             and
             the
             Ceremony
             of
             the
             new
             Creation
             being
             over
             ,
             was
             conveyed
             to
             his
             place
             by
             two
             of
             that
             degree
             to
             which
             he
             was
             advanced
             .
          
           
             The
             English
             Nobility
             are
             sometimes
             Created
             by
             being
             called
             in
             a
             Write
             to
             Parliament
             ,
             under
             the
             Designations
             of
             Earles
             ,
             Viscounts
             ,
             &c.
             
             Which
             way
             is
             unknown
             to
             Us
             in
             Scotland
             ,
             though
             the
             King
             may
             introduce
             it
             at
             His
             pleasure
             .
          
           
             
               The
               Precedency
               amongst
               Subjects
               is
               thus
               Established
               in
               both
               Kingdoms
               .
            
             
               Dukes
               of
               the
               Blood
               Royal
               ,
            
             
               Other
               Dukes
               according
               to
               their
               Creation
               ,
            
             
               The
               Eldest
               Sons
               of
               Dukes
               of
               the
               Blood
               Royal
               ,
            
             
               Marquesses
               according
               to
               their
               Creation
               ,
            
             
               Dukes
               Eldest
               Sons
               ,
            
             
               Earles
               according
               to
               their
               Creation
               ,
            
             
               Marquesses
               Eldest
               Sons
               ,
            
             
               Dukes
               Younger
               Sons
               ,
            
             
               Viscounts
               according
               to
               their
               Creation
               ,
            
             
               Earles
               Eldest
               Sons
               ,
            
             
               Marquesses
               Younger
               Sons
               ,
            
             
               Barrons
               whom
               We
               call
               Lords
               ,
            
             
               Viscounts
               Eldest
               Sons
               ,
            
             
               Earles
               Younger
               Sons
               ,
            
             
               Barrons
               Eldest
               Sons
               ,
            
             
               Barronets
               ,
            
             
               Viscounts
               Younger
               Sons
               .
            
          
           
             
               But
               the
               Officers
               in
               England
               are
               by
               Act
               of
               Parliament
               ,
               Henry
               the
               8.
               thus
               Ranked
               :
            
             
               Lord
               Chancellour
               ,
            
             
               Lord
               Thesaurer
               ,
            
             
               The
               Lord
               President
               of
               the
               Privy
               Council
               ,
            
             
               The
               Lord
               Privy
               Seal
               .
            
          
           
             These
             four
             being
             of
             the
             Degree
             of
             a
             Barron
             ,
             or
             above
             ,
             shall
             sit
             in
             Parliament
             and
             all
             Assemblies
             of
             Council
             ,
             above
             Dukes
             not
             being
             of
             the
             Blood
             Royal.
             
          
           
             
               The
               Lord
               Great
               Chamberlain
               ,
            
             
               The
               Lord
               High
               Constable
               of
               England
               ,
            
             
               The
               Earl
               Marishal
               of
               England
               ,
            
             
               The
               Lord
               Admiral
               of
               England
               ,
            
             
               The
               Lord
               Great
               Master
               or
               Steward
               of
               the
               House
               ,
            
             
               The
               Lord
               Chamberlain
               of
               the
               Houshold
               .
            
          
           
             These
             last
             Six
             ,
             and
             the
             Kings
             principle
             Secretary
             ,
             take
             place
             according
             to
             their
             present
             State
             ;
             So
             that
             if
             they
             be
             Barrons
             ,
             they
             take
             place
             above
             all
             Barrons
             ;
             If
             Earles
             ,
             above
             all
             Earles
             ;
             If
             Dukes
             ,
             above
             all
             Dukes
             .
          
           
           
             By
             a
             Decree
             and
             Establishment
             under
             the
             Great
             Seal
             of
             England
             1
             o.
             Iacobi
             ,
             the
             following
             persons
             are
             thus
             Ranked
             ,
             
               
                 Knights
                 of
                 the
                 Garter
                 ,
              
               
                 Knights
                 of
                 the
                 Privy
                 Council
                 ,
              
               
                 The
                 Master
                 of
                 the
                 Wards
                 and
                 Liveries
                 ,
              
               
                 The
                 Lord
                 Chancellor
                 ,
                 and
                 Under-Thesaurer
                 of
                 the
                 Exchequer
                 ,
              
               
                 The
                 Chancellor
                 of
                 the
                 Dutchy
                 ,
              
               
                 The
                 Chief
                 Justice
                 of
                 the
                 Kings
                 Bench
                 ,
              
               
                 The
                 Master
                 of
                 the
                 Rolls
                 ,
              
               
                 The
                 Chief
                 Justice
                 of
                 the
                 common
                 Pleas
                 ,
              
               
                 The
                 Chief
                 Barron
                 of
                 the
                 Exchequer
                 ,
              
               
                 The
                 other
                 Judges
                 and
                 Barrons
                 of
                 the
                 degree
                 of
                 the
                 Coif
                 ,
              
               
                 The
                 Younger
                 Sons
                 of
                 Viscounts
                 ,
              
               
                 The
                 Younger
                 Sons
                 of
                 Barrons
                 ,
              
               
                 The
                 Barronets
                 .
              
            
          
           
             The
             Precedency
             amongst
             Our
             Nobility
             differs
             nothing
             from
             what
             is
             here
             set
             down
             ,
             England
             and
             We
             agreeing
             in
             all
             points
             since
             the
             Union
             of
             the
             two
             Kingdoms
             ;
             And
             especially
             since
             the
             Coronation
             of
             King
             Charles
             the
             first
             ,
             at
             which
             time
             ,
             he
             Declared
             he
             would
             have
             it
             so
             :
             But
             to
             prevent
             Differences
             betwixt
             the
             Nobility
             of
             both
             Kingdoms
             ,
             It
             was
             Ordered
             ,
             That
             all
             those
             of
             the
             same
             Degree
             in
             England
             ,
             should
             in
             England
             take
             place
             from
             all
             those
             of
             the
             same
             Degree
             in
             Scotland
             ;
             And
             all
             those
             of
             the
             same
             Degree
             in
             Scotland
             ,
             should
             in
             Scotland
             take
             place
             of
             the
             English
             :
             That
             is
             to
             say
             ,
             All
             the
             English
             Dukes
             should
             take
             place
             in
             England
             of
             all
             the
             Scots
             Dukes
             ;
             And
             all
             the
             Scottish
             Dukes
             in
             Scotland
             ,
             should
             take
             place
             of
             all
             the
             English
             Dukes
             ,
             which
             was
             very
             Just
             and
             Suetable
             to
             the
             Laws
             of
             Nations
             .
          
           
             But
             as
             to
             the
             Ranking
             of
             Our
             Officers
             ,
             We
             Differ
             much
             from
             England
             :
             For
             clearing
             whereof
             ,
             it
             is
             fit
             to
             know
             ,
             That
             with
             Us
             there
             were
             Officers
             of
             the
             Crown
             ,
             and
             Officers
             of
             State
             :
             The
             Officers
             of
             the
             Crown
             were
             all
             Designed
             of
             Scotland
             ,
             as
             
               Constabularius
               Scotiae
               ,
               &c.
            
             
             In
             King
             Malcom
             the
             II.
             his
             Parliament
             ;
             The
             Offices
             then
             Extant
             were
             ,
             The
             Chancellour
             ,
             the
             Justice
             General
             ,
             the
             Chamberlain
             ,
             the
             Steward
             ,
             the
             Constable
             ,
             and
             Marishal
             ;
             and
             they
             are
             thus
             Ranked
             and
             have
             their
             Respective
             Fees.
             But
             by
             the
             Act
             31.
             
             Parl.
             11.
             
             Ia.
             6.
             
             The
             Offices
             of
             the
             Crown
             are
             Declared
             to
             be
             ,
             The
             Thesaurer
             ,
             Secretar
             ,
             the
             Collector
             ,
             (
             which
             Office
             is
             now
             joyned
             with
             the
             Thesaurers
             )
             the
             Justice
             General
             ,
             Justice
             Clerk
             ,
             Advocat
             ,
             Master
             of
             Requests
             ,
             Clerk
             of
             Register
             :
             And
             though
             these
             be
             called
             Officers
             of
             the
             Crown
             there
             ,
             I
             conceive
             they
             Differ
             not
             from
             the
             Officers
             of
             State
             ;
             And
             these
             words
             Officers
             of
             the
             Crown
             ,
             and
             Officers
             of
             State
             are
             now
             Equipollent
             Terms
             ,
             so
             far
             that
             all
             the
             Officers
             of
             State
             are
             Officers
             of
             the
             Crown
             by
             this
             Act
             :
             But
             the
             High
             Chamberlain
             ,
             Constable
             ,
             Admiral
             ,
             and
             Marishal
             ,
             are
             Officers
             of
             the
             Crown
             ,
             but
             are
             not
             Officers
             of
             State
             ;
             The
             speciality
             of
             Officers
             of
             State
             being
             ,
             That
             in
             all
             Acts
             or
             Meetings
             which
             concern
             the
             State
             ,
             they
             sit
             as
             Members
             by
             Vertue
             of
             their
             office
             ,
             as
             in
             Parliaments
             ,
             Conventions
             ,
             &c.
             where
             the
             Chamberlain
             and
             Admiral
             come
             not
             as
             such
             ,
             nor
             the
             Constable
             and
             Marishal
             if
             they
             were
             not
             Earles
             .
          
           
             The
             Officers
             of
             State
             have
             oft
             contended
             for
             Precedency
             amongst
             themselves
             :
             And
             therefore
             King
             Iames
             did
             in
             Privy
             Council
             ,
             upon
             the
             17.
             of
             
             Iune
             ,
             1617.
             
             Declare
             ,
             That
             in
             that
             and
             all
             other
             Parliaments
             ,
             none
             should
             sit
             as
             Officers
             of
             State
             ,
             save
             eight
             ,
             and
             though
             there
             should
             be
             moe
             of
             the
             saids
             Officers
             by
             Deputation
             ,
             Division
             ,
             or
             otherwise
             ;
             Yet
             eight
             onely
             should
             sit
             ,
             which
             eight
             he
             did
             thus
             Rank
             by
             Act
             of
             Council
             ;
             Thesaurer
             ,
             Privy-Seal
             ,
             Secretary
             ,
             Register
             ,
             Advocat
             ,
             Justice
             Clerk
             ,
             Thesaurer-deput
             ,
             Mr.
             of
             Requests
             :
             And
             yet
             His
             Majesty
             having
             appointed
             Sir
             
               Archibald
               Atchison
            
             to
             be
             second
             Secretary
             ,
             and
             he
             having
             contended
             that
             his
             place
             was
             to
             be
             next
             the
             principal
             Secretary
             ;
             This
             was
             Opposed
             by
             the
             Register
             and
             Advocat
             ,
             founding
             themselves
             upon
             the
             said
             Act
             of
             Council
             :
             It
             was
             answered
             thereto
             ,
             That
             His
             Majesty
             might
             ,
             notwithstanding
             of
             the
             said
             Act
             ,
             have
             as
             many
             Secretaries
             as
             he
             pleased
             ,
             and
             by
             that
             His
             Majesty
             was
             only
             Limited
             to
             eight
             Officers
             of
             State
             in
             Parliament
             ;
             But
             that
             notwithstanding
             thereof
             ,
             he
             might
             make
             use
             of
             any
             eight
             he
             pleased
             ,
             and
             accordingly
             he
             had
             made
             use
             of
             the
             Chancellor
             ,
             Collector
             ,
             and
             Comptroller
             ,
             as
             Officers
             of
             State
             in
             several
             Parliaments
             ,
             notwithstanding
             that
             they
             are
             none
             of
             the
             eight
             Officers
             mentioned
             in
             this
             Act
             ;
             Likeas
             K.
             Ia.
             had
             appointed
             the
             Lord
             Chancellor
             ,
             being
             a
             Nobleman
             ,
             to
             sit
             amongst
             the
             Noblemen
             ,
             and
             not
             as
             Chancellor
             ,
             or
             an
             Officer
             of
             State
             :
             The
             Council
             did
             remit
             this
             Debate
             to
             the
             King.
             
          
           
             I
             find
             that
             upon
             the
             20.
             of
             February
             ,
             1623.
             the
             whole
             matter
             of
             Precedency
             amongst
             His
             Majesties
             Officers
             and
             Counsellors
             is
             thus
             Stated
             :
             
               
                 The
                 Lord
                 Chancellor
                 ,
              
               
                 The
                 Lord
                 Thesaurer
                 ,
              
               
                 The
                 Arch-bishop
                 of
                 St.
                 Andrews
                 ,
              
               
                 The
                 Arch-bishop
                 of
                 Glasgow
                 ,
              
               
                 The
                 Earles
                 and
                 Viscounts
                 according
                 to
                 their
                 Ranks
                 ,
              
               
                 Bishops
                 according
                 to
                 their
                 Ranks
                 ,
              
               
                 Lord
                 Privy
                 Seal
                 ,
              
               
                 Lord
                 Secretary
                 ,
              
               
                 Lord
                 Register
                 ,
              
               
                 Lord
                 Advocat
                 ,
              
               
                 Lord
                 Justice
                 Clerk
                 ,
              
               
                 Lord
                 Thesaurer-deput
                 ,
              
               
                 The
                 Lords
                 of
                 the
                 Session
                 according
                 to
                 their
                 Admission
                 ,
              
               
                 Barrons
                 and
                 Gentlemen
                 ,
                 being
                 Counsellors
                 ,
                 according
                 to
                 their
                 Admission
                 .
              
            
          
           
             It
             is
             observable
             from
             this
             Act
             ,
             that
             Lords
             of
             the
             Session
             have
             Precedency
             from
             Privy
             Councellors
             in
             Scotland
             ,
             otherwise
             any
             Counsellor
             of
             an
             elder
             Admission
             would
             be
             preferred
             to
             them
             ;
             And
             yet
             in
             England
             ,
             Privy
             Councellors
             are
             preferred
             to
             all
             the
             Judges
             ,
             and
             even
             to
             the
             chief
             Justices
             :
             And
             with
             Us
             I
             find
             no
             Privy
             Councellor
             take
             place
             as
             such
             ,
             from
             any
             person
             whatsoever
             ,
             which
             seems
             very
             strange
             ;
             For
             since
             the
             Judicatur
             it self
             is
             placed
             before
             the
             Session
             ,
             and
             that
             its
             President
             hath
             Precedency
             from
             the
             President
             of
             the
             Session
             ,
             that
             therefore
             its
             Judges
             ought
             to
             preceed
             the
             Judges
             of
             the
             Session
             .
             2
             do
             .
             Though
             the
             Lords
             of
             Session
             are
             Lords
             of
             Council
             and
             Session
             ,
             yet
             there
             being
             Secret
             Councellors
             ,
             gives
             them
             a
             greater
             nearness
             ,
             and
             Argues
             a
             greater
             Trust
             :
             And
             in
             all
             matters
             of
             Precedency
             ,
             these
             are
             the
             Chief
             Topicks
             for
             Precedency
             .
             3
             o.
             In
             Law
             Counsellours
             are
             called
             by
             the
             Emperour
             ,
             
               Pars
               Corporis
               nostri
               l.
               quisquis
               C.
               ad
               L.
               Iul.
               Majest
               .
            
             And
             so
             to
             assault
             them
             was
             Treason
             ,
             and
             is
             with
             Us.
             4
             o.
             In
             France
             this
             Question
             betwixt
             the
             Members
             
             
               Magni
               Concilii
            
             ,
             and
             the
             Senators
             of
             the
             Parliament
             of
             Paris
             ,
             is
             Debated
             by
             Boerius
             ,
             and
             he
             prefers
             the
             Counsellours
             ;
             And
             in
             Sweden
             they
             have
             place
             from
             all
             the
             Nobility
             .
             5
             o.
             The
             Lords
             of
             Privy
             Council
             have
             more
             supereminent
             power
             ,
             then
             the
             Lords
             of
             Session
             :
             For
             they
             can
             stop
             the
             Precedor
             of
             the
             Justices
             ,
             they
             can
             Adjourn
             the
             Session
             ,
             they
             can
             grant
             Precognitions
             ,
             moderat
             punishments
             ,
             &c.
             
             Notwithstanding
             of
             all
             which
             ,
             such
             Respect
             has
             Our
             Kings
             to
             the
             Lords
             of
             Session
             ,
             who
             Distribute
             Justice
             Equally
             to
             the
             People
             ,
             that
             they
             still
             preferred
             them
             to
             all
             the
             Subjects
             ,
             except
             the
             Lords
             of
             Parliament
             ,
             and
             their
             eldest
             Sons
             .
          
           
             It
             has
             been
             contended
             by
             the
             Younger
             Sons
             of
             Noblemen
             ,
             That
             they
             ought
             to
             have
             Precedency
             from
             the
             Lords
             of
             Session
             ;
             Because
             ,
             sayes
             the
             second
             Son
             of
             an
             Earl
             ,
             I
             have
             Precedency
             from
             the
             Eldest
             Son
             of
             a
             Lord
             ,
             and
             yet
             he
             has
             place
             from
             the
             Lords
             of
             Session
             ,
             and
             it
             is
             a
             certain
             Rule
             in
             Precedency
             ,
             That
             if
             I
             preceed
             you
             ,
             I
             must
             preceed
             him
             who
             preceeds
             you
             :
             And
             if
             an
             Earles
             second
             Son
             ,
             and
             a
             Lords
             eldest
             Son
             ,
             and
             a
             Lord
             of
             Session
             did
             meet
             together
             ,
             the
             Earles
             second
             Son
             could
             not
             preceed
             the
             Lords
             eldest
             Son
             ,
             except
             he
             preceeded
             also
             the
             Lord
             of
             Session
             .
             To
             which
             nothing
             can
             be
             answered
             ,
             save
             that
             the
             eldest
             Sons
             of
             Peers
             ,
             being
             presumptive
             Peers
             ,
             and
             such
             as
             will
             be
             Peers
             ,
             It
             is
             fit
             that
             the
             Lords
             of
             Session
             ,
             who
             have
             but
             a
             Temporary
             Precedency
             ,
             should
             not
             preceed
             them
             .
          
           
             But
             I
             find
             that
             though
             in
             England
             ,
             the
             younger
             Sons
             of
             the
             preceeding
             Rank
             ,
             take
             still
             the
             place
             from
             the
             eldest
             Son
             of
             the
             next
             mediat
             ,
             as
             the
             younger
             sons
             of
             Dukes
             ,
             from
             the
             eldest
             sons
             of
             Earles
             ,
             and
             the
             younger
             Sons
             of
             Marquesses
             from
             the
             elder
             Sons
             of
             Viscounts
             :
             And
             that
             all
             the
             Chain
             of
             Precedency
             is
             founded
             upon
             this
             Gradation
             ,
             and
             that
             it
             seems
             that
             Nature
             has
             led
             men
             to
             this
             Establishment
             ;
             Yet
             the
             eldest
             Sons
             of
             Our
             Lords
             (
             Lord
             Barons
             )
             refuse
             to
             Cede
             to
             the
             second
             sons
             of
             Earls
             ,
             and
             it
             was
             so
             of
             old
             with
             Us
             ,
             and
             that
             which
             may
             be
             given
             as
             a
             Reason
             for
             this
             ,
             is
             ,
             that
             it
             is
             unreasonable
             ,
             That
             they
             who
             are
             to
             be
             Peers
             ,
             and
             to
             have
             a
             constant
             Title
             ,
             should
             Cede
             to
             such
             as
             have
             but
             a
             Temporary
             Honour
             ;
             But
             if
             this
             Reason
             were
             sufficient
             ,
             the
             younger
             Sons
             of
             Dukes
             should
             not
             preceed
             the
             eldest
             Sons
             of
             Lord
             Barons
             .
          
           
             With
             Us
             the
             eldest
             Sons
             of
             Lord
             Barons
             are
             Design'd
             Masters
             ,
             as
             the
             Master
             of
             Rosse
             ,
             &c.
             
             And
             of
             old
             the
             Uncles
             of
             Lords
             ,
             after
             the
             Death
             of
             their
             elder
             Brother
             ,
             though
             he
             left
             a
             Son
             ,
             were
             called
             Masters
             ,
             till
             the
             Nephew
             had
             a
             Son
             :
             For
             which
             I
             know
             no
             other
             Reason
             but
             that
             ,
             because
             they
             wanted
             a
             Tittle
             ,
             they
             took
             this
             :
             For
             their
             Father
             being
             Lord
             ,
             there
             was
             no
             Degree
             below
             to
             take
             ,
             as
             the
             elder
             Sons
             of
             Earles
             took
             that
             of
             Lord.
             And
             I
             believe
             ,
             that
             thus
             the
             word
             Master
             was
             given
             in
             England
             to
             meaner
             People
             ,
             when
             their
             name
             was
             not
             known
             :
             For
             though
             the
             word
             Dominus
             was
             refused
             by
             Augustus
             ,
             as
             importing
             Slavery
             ,
             which
             the
             Romans
             could
             not
             bear
             ,
             rather
             then
             from
             a
             secret
             Impulse
             ,
             as
             St.
             Augustin
             sayes
             ,
             In
             respect
             Our
             SAVIOVR
             was
             then
             Born
             ,
             who
             was
             the
             True
             Master
             ,
             since
             Sueton
             tells
             ,
             That
             Tiberius
             also
             refused
             this
             Title
             ;
             yet
             in
             Complement
             even
             then
             such
             as
             were
             not
             known
             ,
             were
             called
             
               Domini
               :
               Obvios
            
             (
             sayes
             
               Seneca
               )
               si
               nomen
               non
               succurrit
               ,
               Dominos
               salutamus
               ,
            
             and
             thereafter
             with
             the
             Roman
             Slavery
             this
             Title
             grew
             from
             being
             a
             Complement
             ,
             to
             be
             a
             Duty
             :
             And
             thus
             the
             Grecian
             Emperour
             was
             called
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             and
             the
             eldest
             son
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             :
             and
             from
             this
             Title
             of
             Master
             ,
             came
             Meship
             amongst
             Us
             ,
             which
             was
             given
             to
             all
             such
             as
             had
             not
             a
             special
             Title
             ,
             as
             Lord
             ,
             Sir
             ,
             &c.
             
          
           
           
             By
             Act
             of
             Parliament
             likewayes
             ,
             14.
             
             May
             1661.
             
             The
             Lord
             President
             of
             the
             Session
             is
             Declared
             to
             have
             Precedency
             from
             the
             Register
             ,
             Advocat
             ,
             and
             Thesaurer-deput
             ;
             And
             the
             Register
             and
             Advocat
             ,
             are
             Ordained
             by
             the
             same
             Act
             to
             have
             Precedency
             from
             the
             Thesaurer-deput
             :
             But
             the
             Thesaurer-deput
             pretending
             that
             he
             is
             in
             effect
             Thesaurer
             in
             the
             Thesaurers
             absence
             ,
             and
             not
             the
             Thesaurer-deput
             ,
             and
             that
             the
             foresaid
             Act
             of
             Parliament
             was
             in
             absence
             ,
             he
             now
             pretends
             Precedency
             from
             both
             the
             Register
             and
             Advocat
             .
          
           
             To
             the
             end
             the
             several
             Offices
             may
             be
             the
             better
             understood
             ,
             It
             is
             fit
             to
             know
             that
             the
             Chancellor
             is
             in
             effect
             the
             first
             Officer
             in
             the
             Nation
             ,
             and
             is
             by
             his
             Office
             ,
             and
             by
             a
             particular
             Statute
             ,
             President
             in
             all
             Courts
             ,
             Act
             1.
             
             Parliament
             1.
             
             Charles
             the
             second
             ,
             which
             Act
             of
             Parliament
             was
             made
             to
             declare
             that
             he
             was
             Presedent
             of
             the
             Exchequer
             ,
             as
             well
             as
             of
             other
             Courts
             ,
             this
             having
             been
             pretended
             to
             by
             the
             Thesaurer
             :
             He
             hath
             his
             title
             not
             from
             the
             power
             of
             Cancelling
             ,
             as
             the
             old
             Gloss
             sayes
             ,
             That
             
               Cancellarius
               est
               qui
               habet
               Officium
               scripta
               responsaque
               Principis
               inspicere
               ,
               &
               male
               scripta
               Cancellare
            
             ;
             For
             it
             is
             not
             imaginable
             that
             he
             would
             take
             his
             title
             from
             what
             he
             destroys
             ,
             and
             not
             from
             what
             he
             does
             :
             But
             from
             the
             Cancelli
             and
             Barres
             ,
             within
             which
             the
             Judges
             did
             sit
             inclosed
             ,
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             as
             is
             clear
             by
             
               Cassiodor
               lib.
            
             11.
             
             Epist.
             1.
             
             Those
             Cancellarii
             of
             old
             were
             in
             effect
             the
             Clerks
             ,
             and
             the
             Chancellour
             is
             so
             called
             now
             ,
             Because
             ,
             he
             signs
             all
             the
             publick
             Papers
             ,
             and
             Appends
             the
             Seal
             ,
             
               Ideo
               quod
               ad
               eum
               universae
               publicae
               referrentur
               conscriptiones
               ,
               ipseque
               eas
               annulo
               Regis
               sive
               ▪
               Sigillo
               firmaret
               ,
               Simaque
               lib.
            
             1.
             calls
             him
             
               Questor
               Legum
               ,
               Conditor
               Regalis
               ,
               Consilii
               ,
               Particeps
               ,
               Iustitiae
               Arbiter
            
             :
             Which
             names
             I
             conceive
             are
             given
             to
             him
             ,
             because
             Novel
             .
             114.
             
             
               Divinae
               jussiones
               debent
               habere
               subscriptionem
               gloriosissimi
               Questoris
               ,
            
             and
             many
             of
             the
             Novels
             are
             signed
             
               Questor
               Legum
            
             .
          
           
             I
             find
             that
             in
             the
             Laws
             of
             King
             
               Malcolm
               Keanmore
            
             ,
             the
             Chancellour
             is
             placed
             before
             all
             the
             Officers
             ,
             and
             sometimes
             many
             of
             the
             considerable
             Earles
             are
             placed
             betwixt
             him
             and
             the
             rest
             of
             the
             Officers
             :
             Thus
             King
             Alexander
             grantes
             a
             Charter
             ,
             Testibus
             Willielmo
             de
             Bosco
             
               Cancellario
               meo
            
             ,
             Malcolmo
             
               Comite
               de
            
             Fyffe
             ,
             
               Alano
               Senescall●
            
             Scotiae
             ,
             &c.
             
          
           
             Some
             think
             that
             there
             is
             a
             Difference
             betwixt
             
               Cancellario
               meo
            
             ,
             whom
             they
             make
             Director
             of
             the
             Chancery
             ,
             and
             
               Cancellario
               Regni
            
             ,
             whom
             they
             make
             High
             Chancellour
             :
             And
             others
             make
             a
             Difference
             betwixt
             
               Cancellarium
               Regni
               &
               Cancellarium
               Regis
            
             ,
             as
             Spotswood
             in
             his
             History
             observes
             .
             But
             I
             find
             that
             the
             High
             Chancellour
             is
             called
             
               Cancellarius
               meus
            
             ,
             as
             in
             the
             foresaid
             charter
             ,
             and
             sometimes
             Cancellarius
             simply
             ,
             and
             sometimes
             
               Cancellarius
               Noster
            
             ,
             and
             sometimes
             Regni
             ,
             and
             sometimes
             
               Cancellarius
               Scotiae
            
             ;
             And
             the
             same
             
               Willielmus
               de
               Bosco
            
             ,
             is
             in
             the
             Chartularies
             of
             Aberbrothick
             ,
             and
             Calco
             ,
             or
             Kelso
             ,
             named
             under
             all
             these
             Designations
             .
          
           
             I
             find
             the
             Director
             of
             the
             Chancery
             ,
             was
             onely
             a
             servant
             to
             the
             Chancellour
             of
             old
             :
             For
             in
             King
             Malcolms
             time
             ,
             amongst
             the
             Fees
             to
             be
             payed
             to
             the
             Chancellours
             Clerks
             ,
             there
             is
             a
             Fee
             to
             be
             payed
             to
             his
             Clerks
             for
             the
             Breeves
             ,
             which
             Breeves
             belong
             to
             the
             Director
             of
             the
             Chancery
             ;
             And
             therefore
             Skeen
             does
             justly
             Observe
             ,
             
               hinc
               liquet
               Officium
               Directoris
               Cancellariae
               apud
               majores
               nostros
               ad
               Cancellarium
               pertinuisse
               ,
            
             and
             which
             is
             very
             clear
             by
             the
             Statutes
             of
             King
             Rob.
             3.
             cap.
             1.
             vers
             .
             3.
             
          
           
             I
             find
             that
             in
             these
             Laws
             ,
             Iusticiarius
             ,
             that
             is
             to
             say
             ,
             The
             Justice
             General
             is
             placed
             next
             the
             Chancellour
             ,
             but
             afterward
             Scotland
             was
             divided
             in
             two
             
             Justitiaries
             ,
             on
             upon
             the
             
             South-side
             of
             Forth
             ,
             who
             was
             called
             
               Iusticiarius
               Lothaniae
            
             ,
             and
             in
             old
             Charters
             
               Iudex
               Laudoniae
            
             :
             And
             the
             other
             on
             the
             
             North-side
             of
             Forth
             .
             The
             Justice
             General
             is
             now
             neither
             Officer
             of
             the
             Crown
             ,
             nor
             Officer
             of
             State
             ;
             But
             yet
             he
             thinks
             he
             ought
             to
             have
             Precedency
             from
             the
             President
             of
             the
             Session
             ,
             the
             Justice
             Court
             being
             older
             than
             the
             Session
             ;
             And
             being
             President
             of
             a
             supream
             Court
             ,
             he
             is
             to
             preceed
             any
             Inferiour
             Member
             of
             any
             other
             Supream
             Court
             :
             And
             the
             King
             by
             Declaring
             that
             he
             advanced
             the
             Register
             ,
             when
             he
             made
             him
             Justice
             General
             ,
             has
             clearly
             signified
             ,
             that
             the
             Justice
             General
             ought
             to
             preceed
             the
             Register
             :
             This
             place
             likewise
             has
             been
             generally
             possessed
             by
             Noblemen
             ,
             and
             is
             the
             same
             with
             Us
             ,
             that
             the
             Chief
             Justice
             of
             the
             Kings
             Bench
             is
             in
             England
             :
             And
             this
             Jurisdiction
             was
             amongst
             others
             possessed
             at
             Rome
             ,
             by
             the
             
               Praefectus
               Praetorio
            
             ,
             who
             was
             their
             chief
             Magistrat
             .
          
           
             The
             Justice
             Clerk
             by
             the
             foresaid
             Statutes
             of
             King
             Malcolm
             ,
             appears
             to
             have
             been
             but
             his
             Clerk
             ;
             And
             though
             by
             the
             foresaid
             Act
             of
             the
             11.
             
             Parliament
             K.
             Ia.
             6.
             
             The
             Justice
             Clerk
             be
             named
             before
             the
             Register
             and
             Advocat
             ,
             yet
             that
             is
             onely
             
               ob
               continentiam
               causae
            
             ,
             because
             they
             are
             set
             down
             ,
             The
             Justice
             ,
             Justice
             Clerk
             ,
             and
             their
             Deputs
             .
             It
             is
             Observable
             by
             that
             Act
             ,
             that
             the
             Justice
             General
             is
             put
             after
             the
             Thesaurer
             and
             Secretary
             ,
             and
             there
             the
             Justice
             Clerk
             is
             not
             made
             his
             Officer
             ,
             as
             in
             the
             Laws
             of
             King
             
               Malcolm
               Keanmore
            
             .
             I
             find
             that
             
               Alanus
               ,
               Iusticiarius
               Scotiae
            
             ,
             Designs
             himself
             
               Hostiarius
               &
               Iusticiarius
               Scotiae
            
             ,
             which
             shews
             that
             Hostiarius
             was
             a
             preferable
             Office
             :
             and
             this
             I
             take
             to
             be
             Commander
             of
             the
             Kings
             Hoast
             ;
             For
             Ostiarius
             is
             not
             written
             with
             an
             H
             ,
             and
             is
             a
             meaner
             Office
             then
             Justice
             General
             :
             This
             Charter
             is
             granted
             in
             anno
             1253.
             to
             the
             Abbacy
             of
             Aberbrothick
             ,
             and
             though
             others
             may
             mistake
             the
             Ranking
             of
             a
             mans
             Titles
             ,
             yet
             the
             Bearer
             will
             carefully
             Rank
             his
             own
             Designations
             .
          
           
             The
             third
             Officer
             named
             in
             those
             Laws
             is
             the
             High
             Chamberlain
             ,
             
               Camerarius
               Domini
               Regis
            
             :
             And
             I
             find
             him
             in
             all
             the
             old
             Writes
             placed
             as
             Witness
             ,
             before
             all
             the
             other
             Officers
             ,
             next
             to
             the
             Chancellour
             .
             There
             was
             
               Magnus
               Camerarius
            
             ,
             who
             was
             chief
             Judge
             over
             all
             the
             Burrowes
             ;
             And
             there
             were
             other
             under
             Chamberlains
             ,
             who
             are
             oftentimes
             Designed
             Camerarii
             ,
             without
             the
             adjection
             of
             magnus
             ;
             And
             I
             find
             in
             a
             Charter
             granted
             be
             K.
             David
             ,
             in
             anno
             1495.
             the
             witnesses
             are
             ,
             
               Alexandro
               Domino
               Huyme
               ,
               magno
               Camerario
               nostro
               ,
               Iohanne
               Domino
               Drumond
               Iusticiario
               nostro
               ,
               Ricardo
               Murehead
               Secretario
               nostro
               ,
               &
               Waltero
               Drumond
               nostrorum
               Rotulorum
               ,
               &
               Registri
               ,
               ac
               a
               Consiliis
               .
            
          
           
             It
             is
             Observable
             ,
             that
             the
             Officers
             were
             oft-times
             named
             according
             to
             the
             quality
             of
             the
             Bearers
             ,
             and
             not
             according
             to
             the
             precedency
             of
             the
             Offices
             :
             But
             in
             the
             former
             Charter
             ,
             
               Dominus
               de
               Huyme
            
             ▪
             and
             
               Dominus
               de
               Drumond
            
             ,
             being
             of
             the
             same
             quality
             ,
             the
             Chamberlain
             is
             put
             before
             the
             Justice
             General
             .
             This
             Office
             of
             Chamberlanry
             was
             possessed
             Heritably
             of
             late
             by
             the
             Dukes
             of
             Lennox
             ,
             and
             the
             Badge
             was
             a
             Golden
             Key
             .
          
           
             This
             Office
             is
             the
             same
             with
             
               praepositus
               Sacri
               Cubiculi
            
             ,
             mentioned
             by
             Iustinian
             ,
             and
             equall'd
             by
             him
             to
             the
             
               Praefectus
               Praetorio
            
             ,
             and
             placed
             
               inter
               illustres
               Palatinos
            
             ,
             or
             Counts
             of
             the
             Palace
             ,
             And
             is
             now
             in
             France
             called
             
               Grand
               Chambrier
            
             ,
             and
             was
             constantly
             possessed
             by
             the
             Family
             of
             Burbon
             .
          
           
             I
             find
             the
             
               Magnus
               Camerarius
            
             placed
             before
             the
             Thesaurer
             in
             a
             Confirmation
             ,
             anno
             1520.
             to
             the
             Abbacy
             of
             Aberbrothick
             .
          
           
             
               Senescallus
               Domini
               Regis
            
             ,
             is
             next
             in
             these
             Laws
             ,
             that
             is
             to
             say
             ,
             The
             
             High
             Steward
             of
             Scotland
             ,
             and
             
               Allanus
               Senescallus
               Scotiae
            
             ,
             is
             very
             Famous
             in
             all
             the
             old
             Charters
             ,
             and
             he
             is
             still
             placed
             before
             the
             Constable
             and
             Marischal
             :
             And
             it
             appears
             ,
             that
             the
             High
             Steward
             ,
             and
             the
             Steward
             of
             the
             Kings
             House
             were
             the
             same
             ,
             for
             those
             Laws
             mention
             only
             the
             Steward
             of
             the
             Kings
             House
             ;
             but
             now
             the
             Prince
             is
             
               Senescallus
               natus
               Scotiae
            
             :
             Under
             him
             are
             there
             placed
             the
             Panetarius
             ,
             who
             commands
             over
             all
             the
             Bakers
             ,
             and
             Buttelarius
             ,
             who
             commands
             over
             all
             the
             Keepers
             of
             Taverns
             ,
             &c.
             
          
           
             I
             find
             the
             Lord
             Souls
             was
             
               Buttelarius
               Scotiae
            
             ,
             in
             the
             Letter
             before
             set
             down
             ,
             Directed
             from
             the
             Nobility
             of
             Scotland
             to
             the
             Pope
             ,
             in
             the
             Reign
             of
             King
             Robert
             the
             Bruce
             ;
             And
             I
             have
             seen
             a
             Charter
             ,
             wherein
             Iohn
             and
             
               Thomas
               Murrayes
            
             ,
             sons
             to
             the
             Governour
             of
             Scotland
             Sir
             
               Andrew
               Murray
            
             ,
             were
             designed
             
               Panetarii
               Scotiae
            
             ,
             upon
             the
             Forfeiture
             of
             
               Iohn
               Cunning
            
             Earl
             of
             Monteith
             ,
             in
             anno
             1348.
             which
             Earl
             of
             Monteith
             was
             formerly
             Panetarius
             .
          
           
             Next
             to
             these
             are
             named
             in
             the
             foresaid
             Laws
             ,
             the
             Constable
             and
             Marischal
             :
             But
             now
             the
             Constable
             and
             Marischal
             take
             not
             place
             as
             Officers
             of
             the
             Crown
             ,
             but
             according
             to
             their
             creation
             as
             Earls
             ;
             The
             Reason
             whereof
             I
             conceive
             to
             be
             ,
             because
             of
             old
             ,
             Offices
             did
             not
             prefer
             those
             who
             possessed
             them
             ,
             but
             they
             took
             place
             according
             to
             their
             Creation
             ;
             whereas
             now
             the
             Privy-Seal
             precedes
             all
             Dukes
             ,
             and
             the
             Secretary
             takes
             place
             before
             all
             of
             his
             own
             Rank
             :
             But
             the
             Constable
             and
             Marischal
             ,
             being
             now
             the
             onely
             two
             Officers
             of
             the
             Crown
             that
             are
             Heretable
             in
             Scotland
             ,
             continue
             to
             possess
             as
             they
             did
             formerly
             :
             But
             in
             
               France
               ,
               England
            
             ,
             and
             all
             other
             places
             ,
             the
             Constable
             and
             Marischal
             take
             place
             as
             Officers
             of
             the
             Crown
             ;
             and
             it
             seems
             very
             strange
             ,
             that
             these
             who
             Ride
             upon
             the
             Kings
             right
             and
             left
             Hand
             ,
             when
             he
             returns
             from
             His
             Parliaments
             ,
             and
             who
             guard
             the
             Parliament
             it self
             ,
             and
             the
             Honours
             ,
             should
             have
             no
             Precedency
             by
             their
             Offices
             ;
             And
             yet
             I
             cannot
             deny
             ,
             but
             that
             of
             old
             ,
             other
             Earls
             were
             placed
             before
             them
             ,
             for
             in
             the
             former
             Charter
             granted
             by
             King
             
               Alexander
               ,
               Malcolm
            
             Earl
             of
             Fife
             is
             placed
             before
             them
             .
          
           
             And
             I
             conceive
             their
             Precedency
             has
             not
             risen
             of
             late
             to
             the
             same
             proportion
             with
             others
             ;
             Because
             of
             late
             Our
             Armies
             have
             been
             commanded
             by
             other
             Officers
             ,
             and
             so
             there
             was
             little
             use
             for
             the
             Constable
             and
             Marischal
             .
          
           
             The
             Constable
             with
             Us
             in
             these
             Northern-Nations
             ,
             is
             the
             same
             Office
             that
             the
             
               Comes
               Stabuli
            
             was
             under
             the
             Roman
             Empire
             ,
             which
             may
             be
             confirmed
             by
             two
             clear
             Testimonies
             of
             great
             Antiquity
             ,
             one
             is
             of
             
               Aimon
               .
               lib.
            
             3.
             cap.
             7.
             
             
               Land
               ▪
               gesilis
               Regalium
               praepositus
               equorum
               ,
               quem
               vulgo
               Comes
               Stabuli
               vocant
            
             ;
             The
             other
             is
             from
             
               Rhegino
               ,
               lib.
            
             2.
             
             
               Annalium
               Burchardum
               Comitem
               Stabuli
               sui
               (
               quem
               corrupte
               Constabulum
               appellabis
               )
               cum
               classe
               misit
               in
               Corsicam
               :
            
             Though
             the
             Learned
             Cujac
             .
             does
             believe
             that
             this
             Title
             comes
             from
             the
             word
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             which
             signifies
             ,
             a
             company
             of
             Men
             of
             War
             ,
             
               ad
               l.
               unic
               .
               de
               Comit.
               &
               Tribun
               .
               Scolar
               .
            
             And
             there
             are
             some
             who
             derive
             it
             from
             the
             word
             Koning
             ,
             which
             signifies
             a
             King
             ;
             and
             Staple
             ,
             which
             signifies
             a
             Hold
             ,
             because
             some
             Constables
             were
             Commanders
             of
             the
             Kings
             Houses
             :
             But
             I
             find
             that
             the
             High
             Constable
             did
             command
             the
             Kings
             Armies
             ,
             but
             was
             expresly
             debarred
             from
             commanding
             either
             His
             Houses
             or
             Garrisons
             ;
             as
             L'oiseau
             well
             observes
             ,
             lib.
             4.
             cap.
             2.
             
             Because
             ,
             says
             he
             ,
             It
             was
             a
             great
             power
             that
             one
             man
             should
             command
             both
             the
             Army
             ,
             and
             the
             Garrisons
             :
             The
             Badge
             of
             his
             Office
             was
             ,
             and
             is
             a
             naked
             Sword
             ,
             which
             in
             the
             Roman
             Empire
             was
             the
             Badge
             of
             the
             Office
             ,
             
               Praefecti
               Praetorio
            
             ;
             and
             Trajan
             giving
             the
             naked
             Sword
             to
             
               Suro
               Licinius
            
             ,
             who
             was
             his
             
               Praefectus
               Praetorio
            
             ,
             gave
             it
             with
             these
             words
             ,
             
             
               Pro
               me
               si
               mereor
               in
               me
            
             ;
             Which
             words
             were
             thereafter
             put
             by
             Buchanan
             ,
             with
             a
             naked
             Sword
             upon
             the
             Money
             ,
             Coined
             during
             the
             Minority
             of
             King
             Iames
             the
             sixth
             .
             The
             Constable
             with
             Us
             ,
             was
             by
             the
             Laws
             of
             King
             
               Malcolm
               cap.
            
             6.
             
             Judge
             to
             all
             Crimes
             committed
             within
             twelve
             Miles
             to
             the
             Kings
             House
             or
             Habitation
             ;
             Though
             Skeen
             observes
             ,
             that
             the
             best
             Manuscripts
             bear
             only
             two
             Leagues
             :
             But
             now
             his
             Jurisdiction
             is
             only
             exercised
             either
             as
             to
             Crimes
             or
             otherwise
             ,
             during
             the
             time
             of
             Parliament
             ,
             which
             some
             extend
             likewise
             to
             all
             general
             Conventions
             .
          
           
             The
             Marischal
             is
             a
             German
             word
             and
             Office
             originally
             ,
             as
             the
             Learned
             Tillet
             proves
             fully
             ,
             
               a
               Marker
               of
               Camps
            
             ▪
             and
             the
             Ax
             which
             he
             bears
             as
             the
             Badge
             of
             his
             Office
             ,
             was
             that
             Instrument
             wherewith
             he
             did
             break
             the
             Ground
             ,
             though
             now
             this
             part
             of
             his
             Office
             is
             delegated
             to
             the
             
               Marischal
               du
               Camp.
            
             The
             Marischal
             commanded
             the
             Horse
             as
             Tillet
             proves
             ,
             whereas
             the
             Constable
             commanded
             both
             :
             But
             yet
             our
             Learned
             Craig
             calls
             the
             Constable
             onely
             
               Praefectus
               Equitum
            
             ;
             And
             yet
             as
             Tillet
             observes
             ,
             the
             Marischal
             was
             not
             under
             the
             Constable
             ,
             else
             he
             could
             not
             be
             an
             Officer
             of
             the
             Crown
             :
             For
             it
             is
             essential
             to
             all
             Officers
             of
             the
             Crown
             ,
             and
             Officers
             of
             State
             ,
             to
             depend
             upon
             none
             but
             the
             King.
             Of
             old
             I
             find
             the
             Orders
             in
             Military
             cases
             run
             ,
             to
             Our
             Constable
             and
             Marischal
             .
          
           
             The
             Office
             of
             Marischal
             has
             never
             been
             out
             of
             the
             Family
             of
             Keith
             :
             But
             the
             Earls
             of
             Athol
             and
             several
             others
             have
             been
             Constables
             of
             Scotland
             ;
             And
             therefore
             it
             is
             that
             the
             Earl
             Marischal
             hath
             no
             other
             Title
             ;
             But
             the
             High
             Constable
             designs
             himself
             Earl
             of
             Errol
             .
          
           
             We
             had
             no
             Knight
             Marischal
             in
             Scotland
             till
             King
             Charles
             the
             Firsts
             Coronation
             ,
             in
             anno
             1633.
             at
             which
             time
             it
             was
             Erected
             by
             a
             Letter
             to
             the
             Privy
             Council
             ;
             by
             his
             Office
             he
             is
             to
             take
             place
             immediately
             after
             the
             younger
             Sons
             of
             Lords
             .
          
           
             The
             Thesaurer
             is
             not
             mentioned
             amongst
             these
             Officers
             of
             the
             Crown
             under
             King
             
               Malcolm
               Keanmore
            
             ,
             and
             of
             old
             it
             has
             been
             thought
             but
             an
             Office
             of
             the
             Kings
             House
             ;
             For
             in
             a
             Confirmation
             granted
             to
             the
             Abbacy
             of
             Aberbrothick
             ,
             in
             anno
             1529.
             by
             King
             Iames
             the
             fifth
             ,
             after
             
               Reverendissimis
               Episcopis
            
             ,
             and
             
               dilectis
               consanguineis
            
             ,
             are
             enumerate
             as
             Witnesses
             ,
             
               dilectis
               Familiaribus
               nostris
            
             Roberto
             Barton
             ,
             
               nostro
               Thesaurario
               &
               Computorum
               nostrorum
               Rotulatore
            
             :
             Nor
             do
             I
             find
             a
             Thesaurer
             designed
             as
             Witness
             in
             any
             of
             the
             Kings
             Charters
             till
             then
             ,
             though
             some
             foolishly
             think
             that
             Panetarius
             was
             Thesaurer
             .
             And
             though
             the
             word
             
               Familiar
               Counsellour
            
             be
             now
             given
             to
             all
             Officers
             of
             State
             ,
             who
             are
             not
             Earls
             ,
             because
             they
             cannot
             be
             called
             Cousins
             ;
             Yet
             of
             old
             it
             was
             only
             given
             to
             those
             of
             the
             Kings
             own
             Family
             ,
             and
             was
             derived
             
               à
               Familia
            
             ,
             though
             now
             Familiar
             is
             thought
             to
             be
             the
             same
             with
             Intimate
             .
          
           
             Till
             of
             late
             ,
             Thesaurer
             ,
             Comptroller
             ,
             and
             Collector
             of
             the
             Augmentations
             were
             three
             different
             Offices
             ,
             but
             now
             they
             are
             all
             joyned
             in
             one
             :
             Comptroller
             is
             in
             the
             old
             Registers
             called
             Rotulator
             .
          
           
             The
             Thesaurer
             takes
             now
             place
             ,
             as
             second
             Officer
             of
             State
             ,
             next
             to
             the
             Chancellor
             ;
             Next
             to
             the
             Thesaurer
             is
             the
             President
             of
             the
             Privy-Council
             ;
             After
             him
             the
             Privy-Seal
             ;
             but
             the
             Secetary
             is
             only
             first
             of
             his
             own
             Rank
             ,
             that
             is
             ,
             if
             a
             Duke
             ,
             the
             first
             Duke
             ,
             &c.
             
          
           
             Of
             old
             the
             Secretary
             was
             a
             very
             Honourable
             Imployment
             ;
             For
             as
             
               Cassiodor
               ,
               lib.
            
             1.
             opist
             .
             4.
             well
             observes
             ,
             
               Honor
               hic
               datur
               egregiis
               ,
               dum
               ad
               Imperiale
               Secretum
               ,
               tales
               constat
               elegi
               ,
               in
               quibus
               reprehensionis
               vitium
               non
               potest
               inveniri
               .
            
             
             But
             yet
             I
             find
             the
             Secretary
             onely
             named
             in
             the
             former
             Confirmation
             ,
             
               inter
               Familiares
            
             :
             Of
             old
             I
             find
             he
             was
             Stiled
             ,
             
               Clericus
               Regis
            
             ,
             though
             some
             Interpret
             this
             
               Clericus
               Regis
            
             ,
             to
             be
             either
             Clerk-Register
             ,
             or
             the
             Kings
             Confessor
             ,
             and
             Clerk
             to
             His
             Closet
             ,
             and
             some
             that
             he
             was
             Almoner
             .
          
           
             We
             have
             no
             Master
             of
             Requests
             now
             ,
             that
             charge
             being
             swallowed
             up
             by
             the
             Secretaries
             Office
             ;
             Their
             Office
             with
             Us
             was
             ,
             as
             at
             Rome
             ,
             To
             represent
             to
             the
             King
             the
             complaints
             of
             the
             People
             ,
             Referendarii
             says
             
               Cassiodor
               .
               lib.
            
             6.
             
               dolores
               alienos
               asserunt
               ,
               conquerentium
               vota
               satiant
               ,
               &
               per
               eos
               Iudices
               corriguntur
               .
            
          
           
             I
             find
             that
             
               Advocatus
               Fisci
            
             ,
             now
             Our
             Kings
             Advocat
             ,
             or
             Atturney-General
             ,
             was
             dignified
             with
             the
             Title
             of
             Comes
             ,
             which
             is
             now
             Earl
             ,
             
               l.
               jubenius
               i.
               de
               Advoc.
               divers
               .
               jud
               .
            
             and
             with
             the
             Titles
             of
             
               Clarissimus
               &
               Spectabiles
            
             ,
             which
             was
             only
             bestowed
             on
             the
             chief
             Nobility
             ,
             l.
             4.
             
             &
             6.
             
               eod
               .
               tit
            
             .
             and
             from
             this
             seems
             to
             have
             flowed
             Our
             calling
             them
             Lord
             Advocat
             ;
             And
             the
             French
             calling
             them
             Messire
             ,
             which
             Title
             only
             the
             Chancellor
             and
             Advocat
             there
             get
             :
             Upon
             this
             Officer
             ,
             Rome
             in
             the
             Reign
             of
             Claudius
             the
             Emperour
             ,
             bestowed
             so
             much
             Honour
             ,
             that
             he
             said
             ,
             
               Tantum
               Honoris
               &
               Authoritatis
               concessisse
               procuratori
            
             Caesaris
             ,
             
               ut
               eum
               suis
               Legibus
               adaequaverit
               ,
               volueritque
               ut
               quod
               ipse
               statuisset
               perinde
               ratum
               esset
               ,
               ac
               si
               ab
               ipso
               foret
               constitutum
               :
            
             And
             of
             old
             they
             were
             still
             of
             the
             Order
             of
             Knights
             ;
             for
             Tacitus
             in
             the
             life
             of
             Agricola
             ,
             says
             ,
             
               utrumque
               avum
               procuratorem
            
             Caesaris
             
               habuit
               quae
               equestris
               Nobilitas
               est
            
             .
             The
             Kings
             Advocat
             is
             with
             Us
             ,
             as
             in
             
               France
               ,
               Consiliarius
               Natus
            
             ,
             that
             is
             to
             say
             ,
             is
             by
             vertue
             of
             his
             Office
             a
             Privy
             Counsellor
             ,
             in
             a
             more
             peculiar
             way
             than
             the
             rest
             :
             For
             I
             find
             by
             the
             Records
             of
             Council
             in
             Queen
             Maries
             time
             ,
             that
             the
             Register
             and
             Justice-Clerk
             are
             expresly
             mentioned
             in
             the
             Commission
             of
             Council
             ,
             but
             the
             Advocat
             is
             in
             all
             the
             Sederunts
             ,
             though
             he
             be
             not
             named
             in
             the
             Commission
             .
             And
             though
             with
             Us
             it
             was
             not
             allowed
             to
             the
             Kings
             Advocat
             ,
             till
             Sir
             Thomas
             Hope's
             time
             ,
             that
             he
             should
             be
             present
             at
             the
             Lords
             advising
             of
             Causes
             ,
             where
             the
             Advocat
             was
             himself
             Interested
             ;
             Yet
             I
             conceive
             ,
             in
             Causes
             which
             he
             pleads
             meerly
             upon
             the
             Kings
             Account
             ,
             he
             ought
             to
             be
             present
             even
             when
             the
             Cause
             is
             advising
             :
             This
             was
             allowed
             
               Advocato
               Fisci
            
             ,
             for
             Trajan
             writing
             to
             Plinius
             ,
             Commands
             
               eos
               adhibere
               in
               Consilium
               à
               Praesidibus
               cum
               de
               causa
               Fiscali
               agitur
               ,
            
             which
             explains
             very
             well
             ,
             L.
             7.
             
               de
               Iur
               Fisc.
            
             Where
             
               si
               Fiscus
               alicui
               status
               controversiam
               faciat
               ,
               Fisci
               Advocatus
               adesse
               debet
               ,
               quare
               si
               sine
               Fisci
               Advocato
               pronunciatum
               sit
               divus
               Marcus
               rescripsit
               ,
               nihil
               esse
               actum
               &
               ideo
               ex
               integro
               cognosci
               opportere
            
             :
             Of
             which
             Office
             the
             Learned
             Budeus
             gives
             this
             Character
             ,
             
               Magistratus
               is
               est
               in
               quem
               omnes
               suas
               actiones
               ,
               Princeps
               ,
               Populus
               ,
               universi
               transcripserunt
               ,
               asylum
               Legum
               ,
               arx
               Iustitiae
               ,
               innocentiae
               vim
               passae
               ,
               aut
               Iudicio
               circumventae
               ,
               propugnaculum
               ,
               intercessor
               rerum
               malarum
               ,
               suasor
               rerum
               bonarum
               ,
               praesentis
               semper
               animi
               ,
               Actor
               ,
               &
               Defensor
               ,
               de
               sententia
               Iuris
               &
               Equitatis
               .
            
          
           
             I
             find
             ,
             that
             though
             per
             L.
             nemo
             C.
             
               de
               assessor
            
             .
             no
             man
             can
             be
             both
             a
             Judge
             and
             Advocat
             ,
             yet
             the
             Kings
             Advocats
             in
             France
             have
             been
             allowed
             to
             be
             Judges
             at
             the
             same
             time
             they
             were
             Advocats
             ;
             for
             it
             was
             thought
             that
             the
             Office
             of
             Kings
             Advocat
             ,
             did
             naturally
             participate
             both
             of
             the
             Judge
             and
             Advocat
             ,
             and
             so
             was
             not
             inconsistent
             with
             the
             Imployment
             of
             a
             Judge
             ,
             
               l.
               ult
               .
               c.
               de
               Advocat
               .
               Fisc.
            
             and
             this
             was
             so
             decided
             by
             the
             Parliament
             of
             Paris
             ,
             in
             Iune
             1605.
             
             And
             from
             this
             We
             probably
             in
             Scotland
             took
             occasion
             ,
             a
             little
             after
             that
             time
             ,
             to
             make
             Sir
             
               William
               Oliphant
            
             ,
             and
             of
             late
             Sir
             
               Iohn
               Nisbet
            
             ,
             both
             Advocats
             and
             Lords
             of
             the
             Session
             .
          
           
           
             The
             Almoner
             with
             Us
             has
             no
             Precedency
             for
             ought
             I
             know
             ,
             though
             in
             
               France
               ,
               Le
               grand
               Aumosnier
            
             is
             thought
             to
             be
             an
             Officer
             of
             the
             Crown
             :
             He
             is
             very
             oft
             a
             Witness
             in
             all
             Our
             Charters
             granted
             be
             Our
             Kings
             ,
             and
             some
             think
             that
             
               Clericus
               noster
            
             was
             Almoner
             .
          
           
             I
             find
             that
             Cockburn
             of
             Lanton
             ,
             who
             was
             also
             
               custos
               magni
               Sigilli
            
             ,
             in
             the
             second
             year
             of
             King
             Robert
             the
             thirds
             Reign
             ,
             is
             made
             heretable
             
               Ostiarius
               nostri
               Parliamenti
            
             ,
             that
             is
             to
             say
             ,
             Usher
             of
             the
             Parliament
             .
             The
             Lyon
             and
             he
             does
             Debate
             who
             shall
             go
             next
             to
             the
             King
             ,
             or
             His
             Commissioner
             ,
             in
             Parliament
             and
             Conventions
             ,
             The
             Usher
             pretending
             ,
             that
             if
             he
             behoov'd
             to
             go
             after
             the
             Lyon
             ,
             he
             behooved
             to
             go
             before
             the
             Heraulds
             ,
             and
             so
             he
             behooved
             to
             walk
             between
             the
             Lyon
             and
             his
             Brethren
             ,
             which
             were
             not
             decent
             ,
             (
             though
             both
             in
             England
             ,
             and
             with
             Us
             ,
             I
             find
             ,
             that
             several
             Degrees
             of
             Persons
             do
             in
             all
             Processions
             ,
             walk
             between
             the
             Garter
             or
             Lyon
             and
             his
             Brethren
             Heraulds
             ;
             )
             Likeas
             ,
             it
             is
             implyed
             in
             the
             nature
             of
             the
             Ushers
             office
             ,
             that
             he
             should
             immediately
             usher
             him
             to
             whom
             he
             is
             Usher
             ;
             but
             in
             England
             ,
             I
             find
             ,
             that
             at
             the
             Cavalcad
             ,
             when
             His
             Majesty
             entred
             London
             ,
             in
             anno
             1660.
             and
             at
             His
             Coronation
             ,
             Garter
             King
             of
             Arms
             did
             walk
             in
             the
             midst
             ,
             having
             the
             Mayor
             of
             London
             on
             his
             left
             hand
             ,
             and
             the
             Knight
             of
             the
             Black-Rod
             on
             his
             right
             :
             And
             the
             Author
             of
             
               Les
               Memoirs
               des
               Ambassadeur
            
             tells
             Us
             ,
             that
             in
             anno
             1629.
             at
             the
             Procession
             ,
             for
             Celebration
             of
             that
             solemn
             Peace
             betwixt
             France
             and
             Spain
             ,
             the
             King
             of
             Arms
             did
             walk
             immediately
             before
             the
             French
             King
             ,
             
               Le
               Roy
               d'armes
               marchant
               immediatement
               devant
               Le
               Roy.
            
             I
             am
             likewise
             informed
             ,
             that
             in
             England
             ,
             the
             Precendency
             runs
             thus
             ,
             King
             of
             Arms
             ,
             Usher
             of
             the
             Black-Rod
             ,
             Master
             of
             Ceremonies
             ,
             and
             after
             him
             the
             Gentlemen
             of
             the
             Privy-Chamber
             ,
             &c.
             
          
           
             The
             Title
             of
             Duke
             came
             from
             Dux
             ,
             a
             Leader
             and
             Commander
             of
             an
             Army
             ,
             and
             was
             at
             first
             a
             Title
             of
             Office
             ,
             but
             now
             is
             a
             Dignity
             given
             by
             Kings
             and
             Princes
             ,
             to
             men
             of
             Blood
             and
             good
             Merit
             ;
             And
             with
             Us
             ,
             the
             Prince
             of
             Scotland
             (
             as
             is
             already
             said
             )
             is
             Duke
             of
             Rothesay
             .
          
           
             The
             word
             Marquess
             was
             first
             appropriate
             to
             the
             Lords
             of
             the
             Marches
             and
             Frontiers
             ,
             but
             is
             since
             become
             a
             Title
             of
             special
             Dignity
             betwixt
             a
             Duke
             and
             Earl.
             
          
           
             Earl
             came
             from
             the
             Saxon
             word
             Ear-ethel
             ,
             which
             was
             abridged
             to
             Ear-el
             ,
             and
             afterwards
             by
             Abbreviation
             Earl
             ,
             with
             the
             Dutch
             called
             Eorle
             ;
             and
             at
             this
             day
             the
             Germans
             use
             the
             word
             Grave
             for
             it
             :
             They
             are
             in
             Latine
             called
             Comites
             with
             Us
             ,
             because
             in
             the
             Roman
             Empire
             ,
             Comitatus
             was
             called
             the
             Court
             of
             the
             
               Prince
               ,
               l.
            
             43.
             
               de
               Testament
               .
               Militar
               .
               l.
            
             13.
             
               ff
               .
               de
               re
               Militar
            
             .
             and
             those
             who
             attended
             the
             Emperor
             were
             called
             Comites
             ,
             or
             his
             Companions
             :
             They
             were
             appointed
             to
             be
             Governours
             of
             the
             several
             Countrys
             of
             the
             Empire
             ,
             which
             were
             from
             them
             called
             Comitatus
             or
             Counties
             ,
             and
             Earls
             are
             to
             this
             day
             designed
             Earls
             of
             such
             a
             Shire
             ;
             But
             the
             Kings
             thereafter
             ,
             being
             desirous
             to
             have
             their
             Subjects
             depending
             immediately
             upon
             themselves
             ,
             did
             appoint
             Sheriffs
             in
             their
             place
             to
             command
             the
             Counties
             ,
             who
             are
             therefore
             still
             called
             Vice-comites
             .
          
           
             Some
             were
             likewise
             appointed
             to
             command
             Towns
             ,
             and
             so
             these
             
               Comites
               Vrbium
            
             ,
             were
             of
             a
             meaner
             Degree
             ,
             than
             the
             
               Comites
               Provinciarum
            
             ;
             But
             now
             Earls
             who
             have
             their
             Designations
             from
             Towns
             ,
             are
             in
             the
             same
             Degree
             with
             those
             who
             have
             their
             Designations
             from
             Provinces
             .
          
           
             Counts
             Palatine
             were
             such
             as
             had
             Office
             in
             the
             Kings
             Palace
             ,
             and
             had
             their
             name
             
               à
               Palatio
            
             ,
             as
             is
             clear
             by
             the
             whole
             Titles
             ,
             
               C.
               de
               Palavinis
               sacrar
               .
               
               Largit
               .
               &
               tit
               .
               de
               Castren
               .
               Palatinorum
               peculio
            
             :
             But
             it
             is
             fit
             to
             know
             that
             these
             Counts
             Palatin
             ,
             or
             Officers
             of
             the
             Palace
             differed
             in
             the
             Roman
             Law
             from
             Domestici
             ,
             for
             the
             Domestici
             these
             were
             properly
             and
             onely
             those
             who
             were
             of
             the
             Emperours
             guards
             ,
             as
             is
             clear
             ,
             by
             l.
             3.
             
               c.
               de
               Protect
               .
               &
               Domest
               .
            
             and
             Cujac
             .
             upon
             that
             law
             .
             The
             Counts
             Palatin
             in
             England
             were
             such
             as
             had
             Regal
             power
             within
             their
             own
             Jurisdictions
             ,
             nor
             do
             I
             in
             my
             reading
             find
             any
             Counts
             Palatin
             in
             Scotland
             ,
             save
             
               Walterus
               Palatinus
               de
               Stratherne
            
             ,
             who
             designs
             himself
             
               Atholiae
               &
               Cathaniae
               Comes
            
             ;
             he
             gives
             his
             lands
             of
             Cortowhy
             to
             the
             Bishop
             of
             Brichen
             ,
             in
             anno
             1429.
             
             And
             I
             believe
             the
             Reason
             why
             We
             have
             so
             few
             Counts
             Palatin
             in
             Scotland
             ,
             is
             ,
             because
             Our
             Lords
             of
             Regality
             have
             the
             same
             power
             ;
             But
             properly
             the
             Officers
             of
             the
             Kings
             house
             are
             onely
             now
             what
             the
             
               Comites
               Palatini
            
             were
             of
             old
             .
          
           
             For
             Regulating
             the
             Precedency
             amongst
             Earles
             and
             Lords
             with
             Us
             ,
             K.
             Iames
             the
             6.
             did
             grant
             a
             Commission
             to
             some
             Noblemen
             in
             March
             1606.
             who
             upon
             Citation
             did
             pronunce
             the
             following
             Decreit
             ,
             according
             to
             which
             Decreit
             these
             Noblemen
             are
             at
             present
             Ranked
             ,
             and
             if
             any
             of
             the
             Noblemen
             therein
             prejudged
             do
             Reclaim
             ,
             they
             use
             to
             raise
             a
             Reduction
             of
             the
             said
             Decreit
             before
             the
             Session
             ,
             and
             Adject
             a
             Conclusion
             of
             Declarator
             ,
             Craving
             it
             may
             be
             found
             and
             declared
             that
             they
             ought
             to
             have
             Precedency
             from
             the
             Noblemen
             whom
             they
             therein
             cite
             :
          
           
             
               
                 
                   
                     This
                     Decreet
                     is
                     from
                     its
                     Effect
                     called
                     the
                     Decreet
                     of
                     Ranking
                     ,
                     whereof
                     this
                     is
                     the
                     Tenor.
                     
                  
                   
                     AT
                     Edinburgh
                     the
                     5th
                     .
                     of
                     March
                     ,
                     1606.
                     anent
                     Our
                     Soveraign
                     Lords
                     Letters
                     directed
                     ,
                     Makand
                     mention
                     ;
                     Forasmuch
                     as
                     His
                     Majesty
                     and
                     the
                     Lords
                     of
                     His
                     Secret
                     Council
                     ,
                     Considering
                     the
                     great
                     contentions
                     and
                     differencies
                     ,
                     quilks
                     many
                     times
                     occurrit
                     and
                     fell
                     out
                     amongst
                     the
                     Nobility
                     of
                     this
                     Kingdom
                     of
                     Scotland
                     ,
                     anent
                     the
                     Precedency
                     and
                     Priority
                     in
                     Ranking
                     and
                     Voting
                     in
                     Parliament
                     ,
                     and
                     general
                     Councils
                     ,
                     and
                     how
                     that
                     this
                     their
                     Contentions
                     lay
                     ever
                     unremembred
                     or
                     agitat
                     ,
                     but
                     at
                     the
                     very
                     instance
                     of
                     their
                     Meeting
                     at
                     His
                     Majesties
                     Parliaments
                     and
                     Coventions
                     ,
                     at
                     whilk
                     time
                     there
                     was
                     greater
                     matter
                     of
                     Impashment
                     offered
                     to
                     the
                     Estates
                     to
                     compone
                     their
                     Differences
                     ,
                     then
                     to
                     intreat
                     upon
                     the
                     principal
                     Subjects
                     ,
                     for
                     whilk
                     they
                     were
                     assembled
                     :
                     His
                     Majesty
                     and
                     the
                     saids
                     Lords
                     ,
                     therefore
                     being
                     careful
                     to
                     have
                     this
                     Contention
                     removed
                     ,
                     and
                     the
                     contraversies
                     and
                     elists
                     ,
                     whilks
                     arises
                     amongst
                     the
                     Nobility
                     for
                     that
                     cause
                     settled
                     and
                     pacified
                     ,
                     wherethrow
                     the
                     Estates
                     and
                     Nobility
                     being
                     freed
                     and
                     relieved
                     of
                     such
                     matter
                     of
                     Contention
                     ,
                     they
                     may
                     in
                     Peace
                     ,
                     Love
                     ,
                     and
                     Amity
                     ,
                     concur
                     together
                     ,
                     and
                     Deliberat
                     upon
                     such
                     matters
                     as
                     shall
                     be
                     entreated
                     and
                     motioned
                     in
                     Parliament
                     hereafter
                     :
                     His
                     Majesty
                     for
                     this
                     effect
                     has
                     given
                     his
                     Highnes
                     Commission
                     under
                     the
                     great
                     Seal
                     ,
                     to
                     a
                     number
                     of
                     His
                     Nobility
                     ,
                     and
                     who
                     are
                     most
                     indifferent
                     ,
                     and
                     no
                     wayes
                     suspect
                     of
                     partiality
                     ,
                     to
                     conveen
                     and
                     call
                     before
                     them
                     ,
                     the
                     hail
                     Noblemen
                     of
                     this
                     Kingdom
                     of
                     Scotland
                     ,
                     and
                     according
                     to
                     their
                     Productions
                     and
                     Verifications
                     to
                     set
                     down
                     every
                     mans
                     Rank
                     and
                     Place
                     ,
                     as
                     in
                     the
                     Commission
                     foresaid
                     ,
                     past
                     under
                     the
                     great
                     Seal
                     at
                     length
                     is
                     contained
                     ;
                     and
                     anent
                     the
                     Charge
                     given
                     to
                     Lodovick
                     Duke
                     of
                     
                       Lennox
                       ,
                       Iohn
                    
                     Marques
                     of
                     
                       Hamilton
                       ,
                       George
                    
                     Marques
                     of
                     
                       Huntly
                       ,
                       Patrick
                    
                     Earl
                     of
                     
                       Orkney
                       ,
                       George
                    
                     Earl
                     of
                     
                       Caithnes
                       ,
                       Alexander
                    
                     Earl
                     of
                     
                       Sutherland
                       ,
                       Iames
                    
                     Earl
                     of
                     
                       Murray
                       ,
                       Francis
                    
                     Earl
                     of
                     
                       Errol
                       ,
                       George
                    
                     Earl
                     
                       Marishal
                       ,
                       
                       David
                    
                     Earl
                     of
                     
                       Crawfurd
                       ,
                       Iames
                    
                     Earl
                     of
                     
                       Athol
                       ,
                       Iohn
                    
                     Earl
                     of
                     
                       Montrose
                       ,
                       Iames
                    
                     Earl
                     of
                     Pearth
                     ,
                     Earl
                     of
                     
                       Monteith
                       ,
                       Andrew
                    
                     Earl
                     of
                     
                       Rothes
                       ,
                       Alexander
                    
                     Earl
                     of
                     
                       Dumfermling
                       ,
                       Archibald
                    
                     Earl
                     of
                     
                       Argyl
                       ,
                       Iames
                    
                     Earl
                     of
                     
                       Glencairn
                       ,
                       Iohn
                    
                     Earl
                     of
                     Cassils
                     ,
                     Earl
                     of
                     
                       Eglington
                       ,
                       William
                    
                     Earl
                     of
                     
                       Angus
                       ,
                       William
                    
                     Earl
                     of
                     
                       Morton
                       ,
                       Iohn
                    
                     Earl
                     of
                     
                       Marr
                       ,
                       Alexander
                    
                     Earl
                     of
                     Lithgow
                     ,
                     Earl
                     of
                     
                       Winton
                       ,
                       Alexander
                    
                     Earl
                     of
                     
                       Home
                       ;
                       Simond
                    
                     Lord
                     
                       Fraser
                       ,
                       Edward
                    
                     Lord
                     Bruce
                     of
                     
                       Kinlosse
                       ,
                       Iohn
                    
                     Lord
                     
                       Forbes
                       ,
                       Patrick
                    
                     Lord
                     
                       Glames
                       ,
                       Iames
                    
                     Lord
                     
                       Ogilvy
                       ,
                       Alexander
                    
                     Lord
                     
                       Spynie
                       ,
                       Patrick
                    
                     Lord
                     
                       Gray
                       ,
                       Laurence
                    
                     Lord
                     
                       Oliphant
                       ,
                       Iohn
                    
                     Lord
                     Murray
                     of
                     
                       Tillibairn
                       ,
                       David
                    
                     Lord
                     
                       Scoon
                       ,
                       Iames
                    
                     Lord
                     Lindsey
                     ,
                     Lord
                     
                       Sinclar
                       ,
                       Iames
                    
                     Lord
                     
                       Balmerinoch
                       ,
                       Patrick
                    
                     Lord
                     
                       Lindors
                       ,
                       Iames
                    
                     Lord
                     Colvil
                     of
                     
                       Culros
                       ,
                       Iohn
                    
                     Lord
                     
                       Fleyming
                       ,
                       Alexander
                    
                     Lord
                     
                       Elphingston
                       ,
                       Alexander
                    
                     Lord
                     Stuart
                     of
                     
                       Ochiltry
                       ,
                       Thomas
                    
                     Lord
                     
                       Boyd
                       ,
                       Allan
                    
                     Lord
                     
                       Cathcart
                       ,
                       Hugh
                    
                     Lord
                     
                       Lowdoun
                       ,
                       Robert
                    
                     Lord
                     Semple
                     ,
                     Lord
                     
                       Pasley
                       ,
                       Iames
                    
                     Lord
                     
                       Abercorn
                       ,
                       Iohn
                    
                     Lord
                     
                       Maxwel
                       ,
                       Iohn
                    
                     Lord
                     
                       Harres
                       ,
                       Robert
                    
                     Lord
                     Sanchar
                     ,
                     Lord
                     
                       Ross
                       ,
                       Iames
                    
                     Lord
                     
                       Carlyl
                       ,
                       Robert
                    
                     Lord
                     
                       Roxburgh
                       ,
                       Iames
                    
                     Lord
                     Hay
                     of
                     Yeaster
                     ,
                     Lord
                     
                       Newbottle
                       ,
                       Iames
                    
                     Lord
                     
                       Thirlstain
                       ,
                       Iames
                    
                     Lord
                     
                       Torphichen
                       ,
                       Iames
                    
                     Lord
                     
                       Borthwick
                       ,
                       Thomas
                    
                     Lord
                     Dirlton
                     ,
                     Lord
                     Seaton
                     ;
                     And
                     the
                     Tutors
                     and
                     Curators
                     of
                     the
                     saids
                     Dukes
                     ,
                     Marquesses
                     ,
                     Earles
                     ,
                     Lords
                     ,
                     if
                     they
                     any
                     have
                     ,
                     to
                     have
                     compeard
                     before
                     the
                     saids
                     Lords
                     Commissioned
                     at
                     an
                     certain
                     day
                     by
                     gaine
                     ,
                     and
                     to
                     have
                     brought
                     and
                     produced
                     with
                     them
                     such
                     Writs
                     ,
                     Evidents
                     ,
                     Documents
                     ,
                     and
                     Testimonies
                     ,
                     as
                     they
                     have
                     or
                     can
                     use
                     for
                     acclaiming
                     that
                     Rank
                     and
                     Place
                     of
                     Precedency
                     and
                     Priority
                     challenged
                     be
                     them
                     before
                     others
                     ,
                     To
                     have
                     been
                     seen
                     and
                     considered
                     be
                     the
                     saids
                     Lords
                     ,
                     Commissioners
                     ,
                     and
                     they
                     to
                     have
                     heard
                     and
                     seen
                     their
                     Ranks
                     and
                     place
                     of
                     Precedency
                     and
                     Priority
                     appointed
                     and
                     set
                     down
                     be
                     them
                     ,
                     according
                     to
                     their
                     Antiquities
                     of
                     their
                     Productions
                     ,
                     and
                     that
                     whilk
                     should
                     be
                     verified
                     in
                     their
                     presence
                     ,
                     and
                     they
                     and
                     every
                     one
                     of
                     them
                     directed
                     to
                     take
                     that
                     place
                     ,
                     whilk
                     should
                     be
                     appointed
                     and
                     prescrived
                     unto
                     them
                     be
                     the
                     saids
                     Commissioners
                     ,
                     as
                     said
                     is
                     ,
                     Certifying
                     ,
                     all
                     such
                     persons
                     as
                     should
                     not
                     compear
                     themselves
                     ,
                     or
                     their
                     Procutors
                     in
                     their
                     names
                     ,
                     That
                     the
                     saids
                     Lords
                     ,
                     Commissioners
                     ,
                     will
                     go
                     on
                     forward
                     in
                     setting
                     down
                     every
                     mans
                     Rank
                     ,
                     according
                     to
                     that
                     which
                     should
                     be
                     verified
                     as
                     said
                     is
                     ,
                     and
                     should
                     proceed
                     according
                     to
                     the
                     several
                     Instructions
                     given
                     be
                     His
                     Majesty
                     to
                     the
                     saids
                     Lords
                     Commissioners
                     for
                     this
                     purpose
                     ,
                     and
                     the
                     saids
                     Lords
                     Commissioners
                     their
                     Determination
                     should
                     stand
                     in
                     full
                     force
                     and
                     effect
                     ,
                     aye
                     and
                     while
                     an
                     Decreit
                     before
                     the
                     ordinar
                     Judge
                     be
                     recovered
                     and
                     obtained
                     in
                     the
                     contrar
                     ;
                     Likeas
                     at
                     more
                     length
                     is
                     contained
                     in
                     the
                     saids
                     Lords
                     Executions
                     and
                     Indorsations
                     thereof
                     ,
                     which
                     being
                     called
                     ,
                     and
                     divers
                     Times
                     and
                     Dyets
                     keeped
                     to
                     that
                     Effect
                     ;
                     And
                     the
                     said
                     Iohn
                     Earl
                     of
                     
                       Montrose
                       ,
                       Alexander
                    
                     Earl
                     of
                     
                       Dumfermling
                       ,
                       Francis
                    
                     Earl
                     of
                     
                       Errol
                       ,
                       George
                    
                     Earl
                     Marishal
                     ,
                     and
                     Alexander
                     Earl
                     of
                     Lithgow
                     ,
                     Compearand
                     personally
                     ,
                     and
                     the
                     said
                     Alexander
                     Earl
                     of
                     Sutherland
                     ,
                     compearand
                     be
                     Mr.
                     
                       Robert
                       Learmont
                    
                     their
                     Procutor
                     ,
                     and
                     the
                     said
                     Earl
                     of
                     Marr
                     ,
                     compearand
                     be
                     Mr.
                     
                       Thomas
                       Hope
                    
                     his
                     Procutor
                     ,
                     the
                     said
                     David
                     Earl
                     of
                     Crawfurd
                     compearand
                     be
                     
                       Laurence
                       Scot
                    
                     his
                     Procutor
                     ,
                     the
                     said
                     Andrew
                     Earl
                     of
                     Rothes
                     compearand
                     be
                     Mr.
                     
                       David
                       Antoun
                    
                     his
                     Procutor
                     ,
                     the
                     said
                     William
                     Earl
                     of
                     Mortoun
                     compearand
                     be
                     Mr.
                     
                       Thomas
                       Learmond
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Earl
                     of
                     Monteith
                     compearand
                     be
                     Graham
                     his
                     Procutor
                     ,
                     the
                     said
                     Heugh
                     Earl
                     of
                     Eglington
                     compearand
                     be
                     
                       Iohn
                       Bell
                    
                     his
                     procutor
                     ,
                     and
                     the
                     said
                     Iohn
                     Earl
                     of
                     Cassils
                     compearand
                     
                     be
                     
                       Iohn
                       Hamilton
                    
                     ,
                     and
                     
                       Gilbert
                       Ross
                    
                     ,
                     and
                     the
                     said
                     Andrew
                     Lord
                     Stuart
                     of
                     
                       Ochiltry
                       ,
                       Iames
                    
                     Lord
                     
                       Balmerinoch
                       ,
                       Iames
                    
                     Lord
                     Abercorn
                     compearand
                     personally
                     ,
                     the
                     said
                     Lord
                     Lindsey
                     of
                     the
                     Byres
                     compearand
                     be
                     the
                     said
                     Mr.
                     
                       Robert
                       Learmont
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Iohn
                     Lord
                     Forbes
                     compearand
                     be
                     
                       Iames
                       Fogo
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Patrick
                     Lord
                     Glames
                     compearand
                     be
                     Mr.
                     
                       Patrick
                       Sharp
                    
                     younger
                     his
                     procutor
                     ,
                     the
                     said
                     Patrick
                     Lord
                     Gray
                     compearand
                     be
                     
                       Patrick
                       Whyllie
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Iohn
                     Lord
                     Seaton
                     compearand
                     be
                     Mr.
                     
                       William
                       Livingston
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Allan
                     Lord
                     Cathcart
                     compearand
                     be
                     
                       George
                       Angus
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Iames
                     Lord
                     Carlyl
                     compearand
                     be
                     the
                     said
                     
                       Robert
                       Hamilton
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Robert
                     Lord
                     Sanchar
                     compearand
                     be
                     Creichton
                     his
                     procutor
                     ,
                     the
                     said
                     James
                     Lord
                     Hay
                     of
                     Yester
                     compearand
                     be
                     Mr.
                     
                       Iames
                       Burchar
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Iohn
                     Lord
                     Harres
                     compearand
                     be
                     
                       Corbal
                       Cunningham
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Iames
                     Lord
                     Torphichen
                     compearand
                     be
                     Mr.
                     
                       Robert
                       Learmont
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Lord
                     Thirlstain
                     compearand
                     be
                     
                       Thomas
                       Fleyming
                    
                     his
                     procutor
                     ,
                     the
                     said
                     Alexander
                     Lord
                     Spynie
                     compearand
                     be
                     the
                     said
                     Mr.
                     
                       Robert
                       Learmont
                    
                     his
                     procutor
                     ;
                     And
                     the
                     hail
                     remanent
                     Lords
                     and
                     Earles
                     particularly
                     abovewritten
                     ,
                     being
                     oft-times
                     called
                     and
                     not
                     Compearand
                     ;
                     divers
                     Terms
                     and
                     Dyets
                     assigned
                     to
                     them
                     for
                     this
                     effect
                     ,
                     the
                     Writs
                     ,
                     Evidents
                     ,
                     Documents
                     ,
                     and
                     Testimonies
                     produced
                     be
                     the
                     saids
                     Persons
                     compearand
                     ,
                     and
                     every
                     an
                     of
                     them
                     acclaiming
                     the
                     Priority
                     and
                     Precedency
                     before
                     others
                     ,
                     being
                     divers
                     times
                     and
                     at
                     divers
                     Dyets
                     very
                     diligently
                     and
                     exactly
                     Sighted
                     ,
                     Tryed
                     ,
                     Examined
                     ,
                     and
                     Considered
                     be
                     the
                     saids
                     Lords
                     Commissioners
                     ,
                     and
                     the
                     saids
                     Lords
                     therewith
                     being
                     ,
                     as
                     also
                     with
                     the
                     Ranks
                     and
                     Places
                     of
                     such
                     Earles
                     and
                     Lords
                     as
                     were
                     Promoted
                     and
                     Created
                     in
                     His
                     Majesties
                     own
                     time
                     ,
                     well
                     and
                     throughly
                     Advised
                     ;
                     The
                     saids
                     Lords
                     Commissioners
                     has
                     Decerned
                     ,
                     Decreited
                     ,
                     Appointed
                     ;
                     and
                     set
                     down
                     ,
                     and
                     be
                     these
                     presents
                     Decerns
                     ,
                     Decreits
                     ,
                     Appoints
                     ,
                     and
                     sets
                     down
                     the
                     Ranks
                     and
                     Places
                     following
                     ,
                     to
                     the
                     hail
                     Noblemen
                     of
                     the
                     Kingdom
                     ,
                     to
                     be
                     Keeped
                     ,
                     Bruiked
                     ,
                     and
                     Possessed
                     by
                     them
                     ,
                     in
                     all
                     Parliaments
                     ,
                     General
                     Councils
                     ,
                     and
                     publick
                     Meetings
                     hereafter
                     .
                  
                   
                     In
                     the
                     first
                     ,
                     The
                     saids
                     Lords
                     Commissioners
                     Discerns
                     ,
                     and
                     Ordains
                     the
                     Duke
                     of
                     Lennox
                     to
                     have
                     the
                     first
                     place
                     ,
                     the
                     Marques
                     of
                     Hamilton
                     the
                     second
                     ,
                     the
                     Marques
                     of
                     Huntly
                     the
                     third
                     ,
                     because
                     be
                     the
                     custom
                     inviolablie
                     observed
                     in
                     all
                     Kingdoms
                     the
                     place
                     of
                     Honor
                     amongst
                     Nobility
                     ,
                     is
                     first
                     in
                     the
                     persons
                     of
                     Dukes
                     ,
                     and
                     next
                     Marquesses
                     ,
                     and
                     then
                     in
                     the
                     persons
                     of
                     Earles
                     ,
                     and
                     Lords
                     ;
                     and
                     next
                     unto
                     them
                     the
                     saids
                     Lords
                     Commissioners
                     ,
                     Discerns
                     ,
                     and
                     Ordains
                     the
                     Earles
                     abovewritten
                     ,
                     to
                     have
                     Bruiked
                     and
                     Possessed
                     their
                     Ranks
                     and
                     places
                     ,
                     according
                     as
                     they
                     are
                     here
                     written
                     ,
                     Ranked
                     ,
                     and
                     set
                     down
                     ,
                     in
                     Order
                     following
                     ,
                     
                       Viz.
                       Angus
                       ▪
                       Argyl
                       ,
                       Crawfurd
                       ,
                       Errol
                       ,
                       Marishal
                       ,
                       Sutherland
                       ,
                       Mar
                       ,
                       Rothes
                       ,
                       Morton
                       ,
                       Monteith
                       ,
                       Eglington
                       ,
                       Montrose
                       ,
                       Cassils
                       ,
                       Caithnes
                       ,
                       Glencairn
                       ,
                       Buchan
                       ,
                       Murray
                       ,
                       Orkney
                       ,
                       Athol
                       ,
                       Linlithgow
                       ,
                       Home
                       ,
                       Pearth
                       ,
                       Dumfermling
                       ,
                    
                     and
                     Dumbar
                     :
                     And
                     sicklike
                     ,
                     the
                     saids
                     Lords
                     Commissioners
                     Dicerns
                     ,
                     and
                     Ordains
                     ,
                     the
                     Lords
                     particularly
                     abovewritten
                     ,
                     to
                     have
                     Bruiked
                     and
                     possessed
                     their
                     Ranks
                     and
                     Places
                     ,
                     according
                     as
                     they
                     are
                     here
                     Written
                     ,
                     Ranked
                     ,
                     and
                     set
                     down
                     in
                     Order
                     following
                     ,
                     
                       Viz.
                       Lindsey
                       ,
                       Forbes
                       ,
                       Glames
                       ,
                       Fleyming
                       ,
                       Salton
                       ,
                       Gray
                       ,
                       Ochiltrie
                       ,
                       Cathcart
                       ,
                       Carlyl
                       ,
                       Sanchar
                       ,
                       Yester
                       ,
                       Semple
                       ,
                       Sinclar
                       ,
                       Harres
                       ,
                       Elphingston
                       ,
                       Maxwel
                       ,
                       Oliphant
                       ,
                       Lovat
                       ,
                       Ogilvy
                       ,
                       Borthwick
                       ,
                       Rosse
                       ,
                       Boyd
                       ,
                       Torphichen
                       ,
                       Pasley
                       ,
                       Newbottle
                       ,
                       Thirlestain
                       ,
                       Spynie
                       ,
                       Roxburgh
                       ,
                       Lindors
                       ,
                       Lowdoun
                       ,
                       Dirleton
                       ,
                       Kinloss
                       ,
                       Abercorn
                       ,
                       Balmerinoch
                       ,
                       Murray
                    
                     of
                     
                     
                       Tillibairn
                       ,
                       Colvil
                       ,
                       Culrosse
                    
                     ,
                     and
                     Scoon
                     .
                     And
                     Decerns
                     and
                     Ordains
                     ,
                     all
                     Earles
                     ,
                     and
                     Lords
                     particularly
                     abovewritten
                     ,
                     to
                     Keep
                     ,
                     Bruik
                     ,
                     and
                     Posses
                     their
                     Ranks
                     and
                     Places
                     in
                     all
                     times
                     coming
                     ,
                     according
                     to
                     the
                     Orders
                     and
                     Ranks
                     abovewritten
                     ,
                     now
                     set
                     down
                     ,
                     Appointed
                     and
                     Prescrived
                     to
                     them
                     ,
                     and
                     to
                     make
                     no
                     Question
                     ,
                     Trouble
                     ,
                     nor
                     Plea
                     in
                     this
                     Matter
                     ,
                     to
                     any
                     appointed
                     to
                     have
                     place
                     and
                     rank
                     in
                     the
                     manner
                     foresaid
                     .
                     But
                     prejudice
                     alwayes
                     to
                     such
                     Person
                     or
                     Persons
                     ,
                     as
                     shall
                     find
                     themselves
                     or
                     their
                     Interests
                     prejudged
                     be
                     their
                     present
                     Ranking
                     to
                     have
                     recourse
                     to
                     the
                     ordinar
                     Remeed
                     of
                     Law
                     ,
                     be
                     Reduction
                     before
                     the
                     Lords
                     of
                     Council
                     and
                     Session
                     of
                     this
                     present
                     Decreit
                     recovered
                     ;
                     and
                     of
                     their
                     due
                     Place
                     and
                     Ranks
                     ,
                     be
                     Production
                     of
                     more
                     Ancient
                     and
                     Authentick
                     Writs
                     ,
                     nor
                     has
                     been
                     used
                     in
                     the
                     Contrary
                     of
                     this
                     Process
                     ,
                     Summonding
                     all
                     such
                     persons
                     thereto
                     ,
                     as
                     shall
                     think
                     themselves
                     wrongously
                     Ranked
                     ,
                     and
                     placed
                     before
                     them
                     :
                     And
                     in
                     the
                     mean
                     time
                     this
                     present
                     Determination
                     ,
                     to
                     stand
                     in
                     full
                     Force
                     ,
                     Strength
                     ,
                     and
                     Effect
                     ,
                     ay
                     and
                     while
                     the
                     Party
                     Interested
                     and
                     Prejudged
                     obtain
                     Lawfully
                     an
                     Decreit
                     before
                     the
                     saids
                     Lords
                     of
                     Council
                     and
                     Session
                     ,
                     as
                     said
                     is
                     ;
                     And
                     Ordains
                     these
                     presents
                     to
                     be
                     Insert
                     and
                     Registrat
                     in
                     the
                     Books
                     of
                     Privy
                     Council
                     ,
                     and
                     an
                     Authentick
                     Extract
                     thereof
                     to
                     be
                     delivered
                     to
                     the
                     Clerk
                     Register
                     ,
                     and
                     another
                     Extract
                     to
                     be
                     delivered
                     to
                     the
                     Lyon-herauld
                     ,
                     to
                     be
                     kept
                     be
                     them
                     for
                     the
                     better
                     knowledge
                     and
                     Information
                     of
                     every
                     mans
                     Ranks
                     and
                     Place
                     ,
                     when
                     the
                     Occasion
                     of
                     their
                     Ranking
                     shall
                     be
                     Presented
                     .
                     Extract
                     
                       de
                       libris
                       Actorum
                       Secreti
                       Consilii
                       ,
                       Act.
                    
                     8.
                     
                     
                       D.
                       N.
                       Regis
                       ,
                       Per
                       me
                    
                     Jacobum
                     Primrose
                     
                       Clericum
                       ejusdem
                       sub
                       meo
                       signo
                       &
                       subscriptione
                       manualibus
                       .
                    
                  
                   
                     It
                     is
                     fit
                     to
                     know
                     ,
                     that
                     the
                     Earl
                     of
                     Dowglas
                     was
                     by
                     Act
                     of
                     Parliament
                     ,
                     Declared
                     to
                     have
                     the
                     first
                     Vote
                     in
                     Parliament
                     ,
                     and
                     the
                     Carrying
                     of
                     the
                     Crown
                     ,
                     and
                     leading
                     of
                     the
                     Vanguard
                     ;
                     But
                     K.
                     Iames
                     did
                     in
                     anno
                     1582.
                     prevail
                     with
                     that
                     Earl
                     ,
                     to
                     suffer
                     the
                     Duke
                     of
                     Lennox
                     to
                     carry
                     the
                     Crown
                     for
                     that
                     time
                     ,
                     and
                     in
                     anno
                     1632.
                     
                     There
                     is
                     a
                     Charter
                     granted
                     to
                     the
                     said
                     Earl
                     in
                     life-rent
                     ,
                     and
                     to
                     his
                     Son
                     in
                     Fee
                     ,
                     
                       cum
                       omnibus
                       privilegiis
                    
                     ,
                     &c.
                     
                       &
                       specialiter
                       cum
                       privilegio
                       aciem
                       ducendi
                       ,
                       Coronam
                       gerendi
                       .
                    
                     &c.
                     But
                     in
                     anno
                     1633.
                     the
                     said
                     Earl
                     being
                     Created
                     a
                     Marquess
                     ,
                     it
                     is
                     Declared
                     by
                     Act
                     of
                     Council
                     ,
                     that
                     he
                     did
                     quite
                     priviledge
                     of
                     having
                     the
                     the
                     first
                     Vote
                     in
                     Parliament
                     ,
                     upon
                     his
                     Promotion
                     ;
                     And
                     yet
                     the
                     Marques
                     of
                     Dowglas
                     still
                     pretends
                     ,
                     that
                     any
                     such
                     Renunciation
                     could
                     not
                     have
                     prejudged
                     the
                     Family
                     ,
                     since
                     the
                     Granter
                     of
                     that
                     Renunciation
                     was
                     onely
                     a
                     Life-renter
                     ,
                     his
                     son
                     having
                     been
                     in
                     Fee.
                     
                  
                   
                     I
                     find
                     there
                     are
                     some
                     titles
                     of
                     Nobility
                     in
                     England
                     annexed
                     to
                     places
                     ,
                     so
                     that
                     whoever
                     is
                     in
                     possession
                     of
                     that
                     place
                     ,
                     has
                     right
                     to
                     the
                     tittle
                     :
                     Thus
                     it
                     was
                     found
                     in
                     the
                     case
                     of
                     the
                     Lord
                     Abergavenny
                     ,
                     that
                     he
                     in
                     possession
                     of
                     the
                     Castle
                     ,
                     ought
                     to
                     have
                     the
                     title
                     ,
                     albeit
                     he
                     be
                     not
                     Heir
                     of
                     Blood.
                     Their
                     Reason
                     is
                     ,
                     because
                     it
                     is
                     a
                     Barony-marchiere
                     ,
                     and
                     it
                     has
                     been
                     found
                     ,
                     that
                     Baronies
                     and
                     Castles
                     situate
                     upon
                     the
                     Borders
                     of
                     Scotland
                     and
                     Wales
                     ,
                     belong
                     alwayes
                     to
                     the
                     Owners
                     ;
                     the
                     words
                     of
                     the
                     Tenour
                     being
                     
                       per
                       servitium
                       Patriae
                       custodiendae
                    
                     .
                     It
                     is
                     alleadged
                     ,
                     as
                     one
                     of
                     the
                     Reasons
                     in
                     that
                     caise
                     ,
                     that
                     the
                     Owners
                     of
                     lands
                     ,
                     holding
                     
                       in
                       capite
                       &
                       per
                       Baroniam
                    
                     ,
                     have
                     Precedency
                     ,
                     albeit
                     they
                     be
                     not
                     next
                     Heirs
                     .
                  
                   
                     The
                     next
                     Degree
                     to
                     the
                     Earles
                     is
                     that
                     of
                     Viscount
                     ,
                     in
                     Latin
                     Vicecomes
                     ;
                     as
                     being
                     of
                     old
                     Lieutenant
                     to
                     an
                     Earl
                     ,
                     
                       Vicecomites
                       ,
                       olim
                       dicibantur
                       ,
                       quibus
                       castri
                       Dominus
                       Vices
                       suas
                       committebat
                       seu
                       executionem
                       Iurisdictionis
                       .
                    
                     But
                     afterwards
                     Our
                     King
                     gave
                     not
                     the
                     Government
                     of
                     Counties
                     ,
                     or
                     Shires
                     ,
                     to
                     
                     Earles
                     ,
                     but
                     appointed
                     Sheriffs
                     who
                     depended
                     upon
                     their
                     own
                     Nomination
                     ;
                     and
                     were
                     therefore
                     called
                     Vicecomites
                     .
                     In
                     Bretagn
                     Barons
                     take
                     place
                     from
                     Viscounts
                     ;
                     But
                     there
                     are
                     no
                     Viscounts
                     in
                     
                       Germany
                       ,
                       Bourgrave
                    
                     being
                     in
                     their
                     place
                     ,
                     
                       Speculat
                       .
                       tit
                       .
                       de
                       Vicecometatu
                       &
                       la
                       Roque
                       de
                       nobilit
                       .
                       C.
                    
                     83.
                     
                     We
                     had
                     no
                     Viscounts
                     in
                     Scotland
                     before
                     1606.
                     for
                     by
                     the
                     aforesaid
                     Decreet
                     the
                     Lord
                     is
                     declared
                     next
                     to
                     the
                     Earl.
                     
                  
                   
                     Barons
                     according
                     to
                     
                       Spelman
                       ,
                       sunt
                       Clientes
                       Feodales
                       ,
                       &
                       Vassalli
                       Capitales
                       ,
                       qui
                       Pagos
                       ,
                       Vrbes
                       ,
                       Castra
                       ,
                       vel
                       eximiam
                       ruris
                       portionem
                       ,
                       cum
                       Iurisdictione
                       acceperunt
                       a
                       Rege
                    
                     ;
                     And
                     the
                     word
                     according
                     to
                     him
                     comes
                     from
                     Vir
                     or
                     Vi
                     ,
                     i.
                     e.
                     
                       robur
                       belli
                    
                     :
                     But
                     it
                     is
                     more
                     probable
                     that
                     it
                     comes
                     from
                     the
                     Greek
                     word
                     
                       〈◊〉
                       〈◊〉
                       〈◊〉
                       〈◊〉
                       〈◊〉
                    
                     ,
                     gravis
                     ,
                     they
                     being
                     chosen
                     wise
                     ,
                     and
                     Discreet
                     men
                     .
                     With
                     Us
                     ,
                     all
                     are
                     called
                     Barons
                     who
                     hold
                     their
                     lands
                     of
                     the
                     King
                     
                       in
                       libera
                       Baronia
                    
                     ,
                     and
                     who
                     have
                     power
                     of
                     pit
                     and
                     gallows
                     ;
                     and
                     of
                     old
                     they
                     were
                     all
                     heritable
                     Members
                     of
                     Parliament
                     ,
                     as
                     all
                     Barons
                     in
                     England
                     are
                     ,
                     as
                     is
                     clear
                     by
                     Act
                     52.
                     
                     Parl.
                     3.
                     
                     Ia.
                     1.
                     whereby
                     all
                     Barons
                     are
                     appointed
                     to
                     come
                     to
                     Parliament
                     ;
                     and
                     though
                     this
                     Act
                     may
                     seem
                     to
                     be
                     abrogated
                     by
                     the
                     101.
                     
                     
                       Act
                       ,
                       Parliament
                    
                     7.
                     
                     Iames
                     the
                     first
                     ,
                     whereby
                     the
                     Barons
                     of
                     each
                     Shire
                     are
                     allowed
                     to
                     choose
                     two
                     wise
                     men
                     to
                     Represent
                     them
                     ,
                     which
                     is
                     the
                     custom
                     at
                     this
                     day
                     ;
                     Yet
                     it
                     is
                     observable
                     ,
                     that
                     though
                     by
                     that
                     Act
                     they
                     may
                     for
                     their
                     conveniency
                     choose
                     two
                     ,
                     yet
                     they
                     are
                     by
                     no
                     express
                     Law
                     discharged
                     to
                     come
                     in
                     greater
                     numbers
                     :
                     And
                     by
                     the
                     78.
                     
                     
                       Act
                       Par.
                    
                     6.
                     
                     Ia.
                     4.
                     no
                     Baron
                     that
                     had
                     below
                     the
                     Rent
                     of
                     1OO
                     .
                     Merks
                     ,
                     was
                     to
                     be
                     compelled
                     to
                     come
                     to
                     Parliament
                     ,
                     unless
                     the
                     King
                     particularly
                     wrote
                     for
                     him
                     .
                     And
                     when
                     Taxations
                     were
                     laid
                     on
                     by
                     the
                     Council
                     ,
                     I
                     find
                     by
                     the
                     old
                     Records
                     ,
                     as
                     particularly
                     in
                     October
                     1562.
                     that
                     Noblemen
                     and
                     Burgesses
                     are
                     called
                     ,
                     but
                     no
                     Barons
                     :
                     the
                     Barons
                     and
                     Noblemen
                     having
                     been
                     then
                     represented
                     promiscuously
                     ,
                     and
                     that
                     long
                     after
                     the
                     Act
                     of
                     Parliament
                     ,
                     allowing
                     them
                     to
                     send
                     Commissioners
                     .
                     And
                     this
                     is
                     the
                     Reason
                     ,
                     why
                     Our
                     old
                     Barons
                     ,
                     who
                     are
                     not
                     Lords
                     ,
                     and
                     hold
                     onely
                     their
                     lands
                     in
                     free
                     Barony
                     ,
                     have
                     supporters
                     in
                     their
                     Atchievement
                     ;
                     and
                     that
                     with
                     some
                     reluctancy
                     they
                     yeeld
                     the
                     Precedency
                     to
                     Knights-Baronets
                     ,
                     they
                     being
                     Originally
                     heritable
                     Counsellours
                     to
                     the
                     King
                     as
                     Members
                     of
                     Parliament
                     ,
                     and
                     not
                     Debarred
                     .
                     The
                     several
                     Degrees
                     of
                     Nobility
                     before
                     Treated
                     of
                     ,
                     did
                     alwayes
                     bear
                     their
                     respective
                     Coronets
                     ,
                     as
                     in
                     England
                     ,
                     excepting
                     the
                     Lords
                     ,
                     who
                     had
                     no
                     Coronet
                     till
                     the
                     year
                     1665.
                     
                     There
                     being
                     a
                     Warrand
                     under
                     His
                     Majesties
                     hand
                     ,
                     in
                     Iune
                     1665.
                     
                     Allowing
                     to
                     the
                     Barons
                     or
                     Lords
                     of
                     Parliament
                     in
                     Scotland
                     ,
                     a
                     certain
                     Crimson
                     Velvet
                     Cape
                     ,
                     with
                     a
                     Golden
                     Circle
                     ,
                     decored
                     with
                     six
                     Pearles
                     on
                     the
                     Top
                     ,
                     equally
                     distant
                     one
                     from
                     another
                     ,
                     which
                     is
                     the
                     same
                     with
                     the
                     Barons
                     Coronet
                     in
                     England
                     :
                     But
                     the
                     figure
                     of
                     this
                     Coronet
                     on
                     the
                     margine
                     of
                     the
                     principal
                     Signator
                     ,
                     is
                     done
                     far
                     contrare
                     to
                     the
                     words
                     in
                     the
                     Body
                     ;
                     The
                     same
                     having
                     points
                     like
                     to
                     that
                     of
                     the
                     Earles
                     ,
                     which
                     has
                     certalnly
                     been
                     a
                     mistake
                     and
                     ignorance
                     in
                     the
                     Painter
                     ,
                     and
                     ought
                     to
                     be
                     adverted
                     to
                     be
                     the
                     Lyon
                     ,
                     and
                     Heraulds
                     :
                     This
                     Warrand
                     is
                     Registrat
                     in
                     the
                     books
                     of
                     Council
                     ,
                     and
                     in
                     the
                     Lyon
                     Books
                     .
                  
                
              
            
          
           
           
             I
             have
             here
             set
             down
             for
             the
             Readers
             further
             Satisfaction
             ,
             a
             List
             of
             all
             the
             Nobility
             at
             present
             in
             this
             Nation
             ,
             their
             Sir-names
             and
             Principal
             Titles
             ,
             And
             Titles
             of
             their
             Eldest
             Sons
             ;
             With
             such
             Officers
             as
             have
             Precedency
             be
             Vertue
             of
             their
             Offices
             .
          
           
             
               The
               Duke
               of
               Albany
               ,
               onely
               Brother
               to
               His
               most
               Sacred
               Majesty
               .
            
             
               Lord
               Chancellour
               ,
            
             
               Lord
               Thesaurer
               ,
            
             
               Lord
               President
               of
               the
               Privy
               Council
               ,
            
             
               Lord
               Privy-seal
               ,
            
             
               Lord
               Secretary
               ,
               above
               all
               of
               his
               degree
               .
            
          
           
             ⁂
             Nota.
             Stuart
             
               Duke
               of
            
             Lennox
             ,
             
               was
               the
               premier
               Duke
               ,
               but
               this
               Family
               is
               lately
               extinct
               .
            
          
           
             
               DUKES
               .
            
             
               Hamilton
               Duke
               of
               
                 Hamilton
                 ,
                 His
                 Eldest
                 Son.
              
               Earl
               of
               Arran
               ,
            
             
               Scot
               Duke
               of
               
                 Buccleuch
                 ,
                 His
                 Eldest
                 Son.
              
               Earl
               of
               Dalkeith
               ,
            
             
               Maitland
               Duke
               of
               
                 Lauderdale
                 ,
                 His
                 Eldest
                 Son.
              
               Earl
               of
               Lauderdail
               ,
            
             
               Lenos
               Duke
               of
               
                 Lennox
                 .
                 His
                 Eldest
                 Son.
              
               Earl
               of
               Darnly
               .
            
          
           
             
               MARQUESSES
               .
            
             
               Gordon
               Marquess
               of
               
                 Huntly
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Gordon
               ,
            
             
               Dowglas
               Marquess
               of
               
                 Dowglas
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Angus
               ,
            
             
               Graham
               Marquess
               of
               
                 Montrose
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Graham
               ,
            
             
               Murray
               Marquess
               of
               
                 Athol
                 .
                 His
                 Eldest
                 Son.
              
               Lord
               Murray
               .
            
          
           
             
               EARLES
               .
            
             
               Campbel
               Earl
               of
               
                 Argyl
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Lorn
               ,
            
             
               Lindsay
               Earl
               of
               
                 Crawsurd
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Lindsay
               ,
            
             
               Hay
               Earl
               of
               
                 Errol
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Hay
               ,
            
             
               Keith
               Earl
               
                 Marischal
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Keith
               ,
            
             
               Gordon
               Earl
               of
               
                 Sutherland
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Strathnaver
               ,
            
             
               Areskin
               Earl
               of
               
                 Marr
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Areskin
               ,
            
             
               Graham
               Earl
               of
               Airth
               ,
               and
               
                 Monteith
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Kilpont
               and
               Kilbryd
               ▪
            
             
               Lesly
               Earl
               of
               
                 Rothes
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Lesly
               ,
            
             
               Dowglas
               Earl
               of
               
                 Morton
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Aberdour
               ,
            
             
               Areskin
               Earl
               of
               
                 Buchan
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Auchterhouse
               ,
            
             
               Cuningham
               Earl
               of
               
                 Glencairn
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Kilmawrs
               ,
            
             
               Montgomery
               Earl
               of
               
                 Eglington
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Montgomery
               ,
            
             
               Kennedy
               Earl
               of
               
                 Cassils
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Kennedy
               ,
            
             
               Stuart
               Earl
               of
               
                 Murray
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Down
               ,
            
             
               Maxwel
               Earl
               of
               
                 Nithisdale
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Maxwell
               ,
            
             
               Seton
               Earl
               of
               
                 Winton
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Seton
               ,
            
             
               Livingston
               Earl
               of
               
                 Linlithgow
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Livingston
               ,
            
             
               Home
               Earl
               of
               
                 Home
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Coldingham
               ,
            
             
               Drummond
               Earl
               of
               
                 Pearth
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Drummond
               ,
            
             
               Seton
               Earl
               of
               
                 Dumfermling
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Fyvie
               ,
            
             
               Fleeming
               Earl
               of
               
                 Wigton
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Fleeming
               ,
            
             
               Lyon
               Earl
               of
               Strathmore
               ,
               and
               
                 Kinghorn
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Glames
               ,
            
             
               Hamilton
               Earl
               of
               
                 Abercorn
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Paslie
               ,
            
             
               Ker
               Earl
               of
               
                 Roxburgh
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Ker
               ,
            
             
               Areskin
               Earl
               of
               
                 Kelly
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Pettinweem
               ,
            
             
               Hamilton
               Earl
               of
               
                 Haddington
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Binning
               ,
            
             
               Stuart
               Earl
               of
               
                 Galloway
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Garlies
               ,
            
             
               Mackenzie
               Earl
               of
               
                 Seaforth
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Mackinzie
               ,
            
             
               Ker
               Earl
               of
               
                 Lothian
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Newbottle
               ,
            
             
               Hay
               Earl
               of
               
                 Kinnoul
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Duplin
               ,
            
             
               Campbel
               Earl
               of
               
                 Lowdown
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Mauchla●
               ,
            
             
               Crichton
               Earl
               of
               
                 Dumfries
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Crichton
               ,
            
             
               Dowglas
               Earl
               of
               
                 Queensberry
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Drumlanerick
               ,
            
             
               Alexander
               Earl
               of
               
                 Striveling
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Alexander
               ,
            
             
               Bruce
               Earl
               of
               
                 Elgin
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Kinlosse
               ,
            
             
               Carnagie
               Earl
               of
               
                 Southesk
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Carnagie
               ,
            
             
               Stuart
               Earl
               of
               
                 Traquair
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Linton
               ,
            
             
               Ker
               Earl
               of
               
                 Ancram
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Nisbets
               ,
            
             
               Weems
               Earl
               of
               
                 Weems
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Elcho
               ,
            
             
               Ramsay
               Earl
               of
               
                 Dalhoussie
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Ramsay
               ,
            
             
               Ogilvy
               Earl
               of
               
                 Airly
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Ogilvy
               ,
            
             
               Ogilvy
               Earl
               of
               
                 Findlator
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Deskfoord
               ,
            
             
               Dalziel
               Earl
               of
               
                 Cranwath
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Dalziel
               ,
            
             
               Livingston
               Earl
               of
               
                 Callender
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Almond
               ,
            
             
               
               Lesly
               Earl
               of
               
                 Leven
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Balgonie
               ,
            
             
               Ruthven
               Earl
               of
               
                 Forth
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Ettrick
               ,
            
             
               Iohnston
               Earl
               of
               
                 Anandale
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Iohnston
               ,
            
             
               Maule
               Earl
               of
               
                 Panmure
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Maule
               ,
            
             
               Murray
               Earl
               of
               
                 Dysert
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Huntingtour
               ,
            
             
               Hay
               Earl
               of
               
                 Tweeddale
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Yester
               ,
            
             
               Carnagie
               Earl
               of
               
                 Northesk
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Rosehill
               ,
            
             
               Bruce
               Earl
               of
               
                 Kincardin
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Bruce
               ,
            
             
               Lindsay
               Earl
               of
               
                 Balcarras
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Balne●l
               ,
            
             
               Dowglas
               Earl
               of
               
                 Forfar
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Wendal
               ,
            
             
               Midleton
               Earl
               of
               
                 Midleton
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Clearmont
               ,
            
             
               Scot
               Earl
               of
               
                 Tarras
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Alemoor
               ,
            
             
               Gordon
               Earl
               of
               
                 Aboyn
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Glenlivet
               ,
            
             
               Boyd
               Earl
               of
               
                 Kilmarnoch
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Boyd
               ,
            
             
               Cochran
               Earl
               of
               
                 Dundonald
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Cochran
               ,
            
             
               Dowglas
               Earl
               of
               
                 Dumbritan
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Dowglas
               of
               Attrick
               ,
            
             
               Keith
               Earl
               of
               
                 Kintore
                 ,
                 His
                 Eldest
                 Son.
              
               Lord
               Inverury
               ,
            
             
               Sinclar
               Earl
               of
               
                 Caithnes
                 .
                 His
                 Eldest
                 Son.
              
               Lord
               Berrendule
               .
            
          
           
             
               VISCOUNTS
               .
            
             
               Cary
               Viscount
               of
               Faulkland
               .
            
             
               Constable
               Viscount
               of
               Dumbar
               ,
            
             
               Murray
               Viscount
               of
               Stormont
               ,
            
             
               Gordon
               Viscount
               of
               Kenmore
               ,
            
             
               Arbuthnet
               Viscount
               of
               Arbuthnet
               ,
            
             
               Crichton
               Viscount
               of
               Frendraught
               ,
            
             
               Seton
               Viscount
               of
               Kingston
               ,
            
             
               Macgil
               Viscount
               of
               Oxenford
               .
            
             
               Livingston
               Viscount
               of
               Kilsyth
               ,
            
             
               Osburn
               Viscount
               of
               Dumblane
               ,
            
          
           
             
               LORDS
               .
            
             
               Forbes
               Lord
               Forbes
               .
            
             
               Fraser
               Lord
               Salton
               ,
            
             
               Gray
               Lord
               Gray
               ,
            
             
               Cathcart
               Lord
               Cathcart
               ,
            
             
               Sinclar
               Lord
               Sinclar
               ,
            
             
               Dowglas
               Lord
               Mordington
               ,
            
             
               Semple
               Lord
               Semple
               ,
            
             
               Elphingston
               Lord
               Elphingston
               ,
            
             
               Oliphant
               Lord
               Oliphant
               ,
            
             
               Fraser
               Lord
               Lovat
               ,
            
             
               Borthwick
               Lord
               Borthwick
               ,
            
             
               Ross
               Lord
               Ross
               ,
            
             
               Sandilands
               Lord
               Torphichen
               ,
            
             
               Lesly
               Lord
               Lindors
               ,
            
             
               Elphingston
               Lord
               Balmerinoch
               ,
            
             
               Stuart
               Lord
               Blantyre
               ,
            
             
               Areskin
               Lord
               Cardross
               ,
            
             
               Balfour
               Lord
               Burleigh
               ,
            
             
               Drummond
               Lord
               Madderty
               ,
            
             
               Cranston
               Lord
               Cranston
               ,
            
             
               Melvil
               Lord
               Melvil
               ,
            
             
               Napier
               Lord
               Napier
               ,
            
             
               Fairfax
               Lord
               Cameron
               ,
            
             
               Richardson
               Lord
               Crawmond
               ,
            
             
               Macky
               Lord
               Rae
               ,
            
             
               Forrester
               Lord
               Forrester
               ,
            
             
               Forbes
               Lord
               Pitsligo
               ,
            
             
               Mackleland
               Lord
               Kircudbright
               ,
            
             
               Fraser
               Lord
               Fraser
               ,
            
             
               Hamilton
               Lord
               Bargeny
               ,
            
             
               Ogilvy
               Lord
               Bamff
               .
            
             
               Murray
               Lord
               Elibank
               ,
            
             
               Galloway
               Lord
               Dunkel
               ,
            
             
               Falconer
               Lord
               Halkerton
               ,
            
             
               Hamilton
               Lord
               Bethaven
               ,
            
             
               Sandilands
               Lord
               Abercromby
               ,
            
             
               Carmichal
               Lord
               Carmichael
               ,
            
             
               Sutherland
               Lord
               Duffos
               ,
            
             
               Rollo
               Lord
               Rollo
               ,
            
             
               Ruthven
               Lord
               Ruthven
               ,
            
             
               Colvil
               Lord
               Colvil
               ,
            
             
               Mackdonald
               Lord
               Mackdonald
               ,
            
             
               Bellenden
               Lord
               Bellenden
               ,
            
             
               Lesly
               Lord
               Newwark
               ,
            
             
               Rutherfurd
               Lord
               Rutherfurd
               ,
            
             
               Ker
               Lord
               Iedburgh
               ,
            
             
               Weems
               Lord
               Bruntisland
               .
            
          
           
             
               ¶
               It
               is
               to
               be
               observed
               ,
               that
               the
               eldest
               Sons
               of
               Viscounts
               and
               Lords
               are
               designed
               Masters
               by
               their
               Fathers
               Titles
               .
            
             
               Lord
               Thesaurer-deput
               ,
            
             
               Lord
               Register
               ,
            
             
               Lord
               Advocat
               ,
            
             
               Lord
               Iustice-Clerk
               .
            
          
           
             This
             is
             the
             Precedency
             stated
             by
             the
             present
             Rolls
             of
             Parliament
             ,
             albeit
             it
             is
             not
             acquiesced
             in
             by
             all
             the
             Nobility
             :
             For
             the
             Earl
             of
             Sutherland
             contends
             with
             all
             the
             Earles
             who
             are
             ranked
             before
             him
             ,
             and
             generally
             such
             as
             are
             dissatisfied
             with
             these
             Rolls
             ,
             do
             protest
             whilst
             the
             Rolls
             are
             called
             ,
             against
             such
             as
             they
             conceive
             are
             unjustly
             ranked
             before
             them
             .
             Sometimes
             also
             the
             Son
             has
             a
             different
             Precedency
             ,
             from
             what
             was
             possessed
             by
             his
             Father
             ;
             As
             the
             Earl
             of
             Lothian
             ,
             who
             now
             as
             succeeding
             to
             his
             great
             Grand-father
             by
             the
             Mother
             ,
             comes
             to
             have
             his
             Precedency
             next
             to
             the
             Earl
             of
             Wigton
             ,
             though
             his
             Father
             taking
             place
             by
             a
             new
             Patent
             was
             ranked
             as
             in
             the
             above
             written
             Rolls
             .
             The
             Justice
             General
             pretends
             to
             
             the
             same
             precedency
             with
             the
             Lord
             Chief
             Justice
             of
             the
             Kings
             Bench
             in
             England
             ,
             by
             a
             report
             made
             by
             the
             Lord
             Thesaurer
             in
             the
             Kings
             name
             ,
             the
             17.
             
             Iune
             1637.
             but
             neither
             is
             the
             Letter
             to
             which
             this
             report
             relates
             extant
             ,
             nor
             has
             he
             been
             in
             possession
             since
             .
             And
             it
             is
             fit
             to
             observe
             ,
             that
             notwithstanding
             of
             what
             is
             said
             before
             ,
             page
             42.
             (
             by
             a
             Servants
             mistake
             )
             that
             the
             Lord
             Privy-seal
             takes
             place
             with
             us
             as
             in
             England
             .
          
           
             The
             Order
             of
             Baronet
             in
             Scotland
             was
             erected
             for
             advancing
             the
             Plantation
             of
             
               Nova
               Scotia
            
             in
             America
             ,
             and
             for
             settling
             a
             Colony
             there
             ,
             to
             which
             the
             Aid
             of
             these
             Knights
             was
             Designed
             .
             The
             Order
             was
             onely
             intended
             be
             K.
             Ia.
             6.
             before
             his
             Death
             ,
             for
             in
             his
             first
             Charter
             of
             
               Nova
               Scotia
            
             ,
             in
             favours
             of
             Sir
             
               William
               Alexander
            
             ,
             10.
             
             Septem
             .
             1621.
             
             And
             in
             another
             Charter
             granted
             to
             Sir
             
               Robert
               Gordon
            
             of
             Lochinvar
             of
             a
             part
             of
             
               Nova
               Scotia
            
             ,
             Designed
             the
             Barony
             of
             Galloway
             ,
             8.
             
             Novem.
             1621.
             there
             is
             no
             mention
             made
             of
             this
             Order
             :
             So
             that
             the
             same
             was
             onely
             erected
             by
             K.
             Charles
             1.
             anno
             1625.
             
             In
             the
             several
             Patents
             granted
             to
             Baronents
             ,
             His
             Majesty
             did
             dispone
             to
             each
             of
             these
             Knights
             a
             certain
             portion
             of
             land
             in
             
               Nova
               Scotia
            
             ,
             erecting
             the
             same
             in
             a
             free
             Barony
             with
             great
             and
             ample
             priviledges
             ,
             unnecessary
             to
             be
             insert
             here
             .
             And
             moreover
             ,
             for
             their
             encouragement
             ,
             did
             Erect
             ,
             Creat
             ,
             Make
             ,
             Constitute
             ,
             and
             Ordain
             that
             Heritable
             State
             ,
             Degree
             ,
             Dignity
             ,
             Name
             ,
             Order
             ,
             Title
             ,
             and
             Stile
             of
             Baronet
             ,
             to
             be
             enjoyed
             be
             every
             of
             these
             Gentlemen
             who
             did
             hazard
             for
             the
             good
             and
             increase
             of
             that
             Plantation
             :
             And
             so
             preferred
             them
             to
             that
             Order
             and
             Title
             ,
             Creating
             them
             and
             their
             Heirs
             Male
             heritable
             Baronets
             in
             all
             time
             coming
             ,
             with
             the
             Place
             ,
             Preeminency
             ,
             Priority
             ,
             and
             Precedency
             in
             all
             Commissions
             ,
             Breeves
             ,
             Letters-patents
             ,
             Namings
             ,
             and
             Writes
             ,
             and
             in
             all
             Sessions
             ,
             Conventions
             ,
             Congregations
             and
             places
             ,
             at
             all
             times
             and
             occasions
             whatsomever
             before
             all
             Knights
             ,
             called
             
               Aequites
               aurati
            
             ,
             all
             lesser
             Barons
             commonly
             called
             Lairds
             ,
             and
             before
             all
             other
             Gentlemen
             :
             Excepting
             Sir
             
               William
               Alexander
            
             His
             Majesties
             Lieutenant
             of
             
               Nova
               Scotia
            
             ,
             who
             (
             with
             his
             Heir
             ,
             their
             Wives
             and
             Children
             conform
             )
             is
             not
             onely
             excepted
             in
             each
             of
             these
             Letters-patents
             granted
             to
             the
             Knights
             ,
             his
             Consorts
             ;
             But
             likewise
             the
             Charter
             granted
             to
             himself
             be
             King
             Charles
             1.
             1625.
             did
             bear
             expresly
             this
             exception
             and
             provision
             :
             As
             also
             ,
             excepting
             Knights-Bannerets
             who
             should
             be
             Created
             under
             the
             Royal
             Standard
             in
             His
             Majesties
             Army
             ,
             and
             in
             open
             War
             ,
             the
             King
             himself
             being
             present
             ,
             and
             that
             during
             the
             Bannerets
             lifetime
             onely
             :
             And
             with
             Precedency
             before
             all
             of
             the
             same
             Order
             whose
             Patents
             are
             of
             a
             posteriour
             date
             .
             His
             Majesty
             did
             moreover
             Declare
             ,
             and
             Ordain
             ,
             That
             the
             Wives
             of
             these
             Knights
             ,
             and
             of
             their
             Heirs
             Male
             ,
             should
             have
             the
             Precedency
             aswell
             after
             as
             before
             the
             deaths
             of
             their
             Husbands
             ,
             if
             they
             should
             happen
             to
             survive
             ,
             before
             the
             Wives
             of
             all
             those
             of
             whom
             the
             Knights
             ,
             Baronets
             ,
             and
             their
             Heirs
             Male
             had
             the
             Precedeny
             ,
             and
             even
             before
             the
             Wives
             of
             Knights-Bannerets
             before
             excepted
             ;
             (
             the
             Degree
             of
             Baronet
             being
             heritable
             )
             And
             also
             that
             the
             Children
             Male
             and
             Female
             of
             the
             Baronets
             ,
             should
             take
             place
             before
             the
             Bairns
             Male
             and
             Female
             respectively
             ,
             of
             all
             persons
             of
             whom
             the
             Baronets
             and
             their
             Heirs
             Male
             had
             the
             Priority
             :
             And
             likewise
             before
             the
             Children
             of
             the
             Bannerets
             ;
             and
             that
             the
             Wives
             of
             the
             Sons
             of
             the
             Baronets
             ,
             and
             of
             their
             Heirs
             Male
             ,
             should
             preceed
             the
             Wives
             of
             all
             persons
             whom
             their
             Husbands
             might
             preceed
             ,
             and
             that
             aswell
             their
             Husbands
             being
             dead
             as
             living
             .
             And
             further
             ,
             His
             Majesty
             did
             Declare
             ,
             and
             Promise
             ,
             That
             whensoever
             
             the
             eldest
             Sons
             and
             appearand
             Heirs
             Male
             of
             the
             Baronets
             should
             attain
             to
             the
             Age
             of
             twenty
             one
             years
             ,
             they
             should
             be
             by
             His
             Majesty
             and
             his
             Successours
             created
             ,
             
               Equites
               aurati
            
             ,
             or
             Knights
             Batchelours
             ,
             without
             payment
             of
             any
             Fies
             or
             Dues
             for
             the
             same
             ,
             providing
             they
             should
             desire
             it
             .
             But
             here
             it
             is
             to
             be
             observed
             ,
             that
             some
             of
             the
             eldest
             Sons
             of
             Baronets
             pretend
             to
             the
             title
             of
             Knight
             at
             their
             Majority
             ,
             be
             vertue
             of
             this
             clause
             ,
             without
             any
             previous
             desire
             or
             dubbing
             ,
             which
             certainly
             is
             an
             errour
             ,
             for
             if
             they
             will
             not
             be
             at
             the
             pains
             to
             desire
             it
             of
             His
             Majesty
             ,
             or
             His
             Commissioner
             ,
             they
             should
             not
             assume
             it
             .
             Likeas
             His
             Majesty
             did
             Declare
             and
             Ordain
             ,
             That
             the
             Baronets
             and
             their
             Heirs
             Male
             should
             as
             an
             additament
             of
             Honour
             to
             their
             Armorial
             Ensigns
             ,
             bear
             either
             on
             a
             Canton
             or
             Inescutcheon
             in
             their
             option
             ,
             the
             Ensign
             of
             
               Nova
               Scotia
            
             being
             argent
             ,
             a
             cross
             of
             St.
             
               Andrew
               azur
            
             ,
             (
             the
             Badge
             of
             Scotland
             counterchanged
             )
             charged
             with
             an
             inescutcheon
             of
             the
             Royal
             Arms
             of
             Scotland
             :
             supported
             on
             the
             dexter
             by
             the
             Royal
             Unicorn
             ,
             and
             on
             the
             sinister
             ,
             by
             a
             Savage
             or
             Wild-man
             proper
             :
             and
             for
             the
             crest
             a
             branch
             of
             Laurel
             ,
             and
             a
             Thistle
             issuing
             from
             two
             hands
             conjoyned
             ,
             the
             one
             being
             armed
             ,
             the
             other
             naked
             ,
             with
             this
             Ditto
             ,
             
               Munit
               haec
               &
               altera
               vincit
            
             .
             And
             that
             they
             and
             their
             Heirs
             Male
             should
             in
             all
             time
             coming
             have
             place
             in
             all
             His
             Majesties
             and
             His
             Successours
             Armies
             in
             the
             middle
             Battel
             ,
             near
             and
             about
             the
             Royal
             Standard
             for
             defence
             thereof
             .
             And
             that
             they
             and
             their
             Heirs
             Male
             may
             have
             two
             Attenders
             of
             the
             Body
             for
             bearing
             up
             the
             Pale
             ,
             one
             principal
             Mourner
             ,
             and
             four
             Assistants
             ,
             at
             their
             Funerals
             ;
             And
             that
             they
             should
             be
             always
             Called
             ,
             Intituled
             ,
             and
             Designed
             be
             the
             name
             and
             title
             of
             Baronet
             ,
             and
             that
             in
             all
             Scottish
             Speeches
             and
             writings
             ,
             the
             addition
             of
             Sir
             ,
             and
             in
             all
             other
             discourses
             and
             writings
             ,
             a
             word
             signifying
             the
             same
             should
             be
             preponed
             to
             their
             names
             and
             other
             titles
             ,
             and
             that
             the
             stile
             and
             title
             of
             Baronet
             should
             be
             postponed
             and
             subjoyned
             thereto
             in
             all
             Letters-patents
             ,
             and
             other
             writes
             whatsomever
             ,
             as
             a
             necessar
             addition
             of
             Dignity
             ,
             and
             that
             each
             of
             them
             should
             be
             intituled
             ,
             
               Sir
               A.
               B.
               Baronet
            
             ,
             and
             his
             ,
             and
             his
             Sons
             Wives
             ,
             should
             enjoy
             the
             stile
             ,
             title
             ,
             and
             appellation
             of
             
               Lady
               ,
               Madam
            
             ,
             and
             Dame
             ,
             respectively
             ,
             according
             to
             the
             usual
             phrase
             in
             speaking
             and
             writing
             .
             And
             also
             His
             Majesty
             did
             thereby
             promise
             ,
             That
             the
             number
             of
             the
             Baronets
             aswell
             in
             Scotland
             ,
             as
             the
             new
             Colony
             of
             
               Nova
               Scotia
            
             should
             never
             exceed
             the
             number
             of
             150.
             (
             albeit
             this
             number
             is
             at
             present
             somewhat
             augmented
             )
             and
             did
             likewise
             Declare
             ,
             That
             He
             nor
             His
             Successours
             should
             never
             Create
             ,
             nor
             Erect
             in
             time
             coming
             any
             other
             Dignity
             ,
             Degree
             ,
             Stile
             ,
             Name
             ,
             Order
             ,
             Title
             ,
             or
             State
             ,
             nor
             should
             give
             the
             Priority
             or
             Precedency
             to
             any
             Person
             or
             Persons
             ,
             under
             the
             Stile
             ,
             Degree
             ,
             and
             Dignity
             of
             a
             Lord
             of
             Parliament
             of
             Scotland
             ,
             which
             should
             be
             ,
             or
             should
             be
             presumed
             to
             be
             Higher
             ,
             Superiour
             ,
             or
             Equal
             to
             that
             of
             Baronet
             :
             And
             that
             the
             Baronet
             should
             have
             liberty
             to
             take
             place
             before
             any
             such
             who
             should
             happen
             to
             be
             created
             of
             any
             such
             degree
             or
             order
             ;
             and
             that
             their
             Wives
             ,
             Sons
             ,
             Daughters
             ,
             and
             Sons
             Wives
             should
             have
             their
             places
             accordingly
             :
             And
             that
             if
             any
             question
             or
             doubt
             should
             arise
             anent
             their
             places
             and
             prerogatives
             ,
             the
             same
             should
             be
             decided
             and
             judged
             according
             to
             these
             Laws
             and
             Customs
             ,
             by
             which
             other
             degrees
             of
             Heritable
             Dignities
             have
             their
             priviledges
             cognosced
             and
             determined
             .
             And
             finally
             ,
             that
             none
             should
             be
             created
             Baronet
             ,
             either
             of
             Scotland
             or
             
               Nova
               Scotia
            
             ,
             till
             he
             had
             first
             fulfilled
             the
             conditions
             designed
             by
             His
             Majesty
             for
             the
             good
             and
             increass
             of
             that
             Plantation
             ,
             and
             until
             he
             had
             certified
             the
             same
             to
             the
             King
             by
             His
             Majesties
             Lieutenant
             there
             .
          
           
           
             These
             Patents
             were
             ratified
             in
             Parliament
             ,
             and
             were
             always
             of
             this
             form
             till
             the
             selling
             of
             
               Nova
               Scotia
            
             to
             the
             French
             ,
             after
             which
             time
             they
             were
             made
             much
             shorter
             ,
             and
             granted
             in
             general
             terms
             with
             all
             the
             Priviledges
             ,
             Precedencies
             ,
             &c.
             of
             the
             former
             Baronets
             .
             And
             in
             the
             year
             1629.
             
             His
             Majesty
             did
             allow
             these
             Baronets
             a
             particular
             cognisance
             ,
             which
             will
             be
             best
             known
             by
             the
             coppy
             of
             the
             following
             Letter
             direct
             be
             his
             Majesty
             ,
             K.
             Charles
             the
             first
             ,
             to
             the
             Privy
             Council
             here
             .
          
           
             
               
                 
                   RIght
                   Trusty
                   ,
                   and
                   right
                   well
                   beloved
                   Cousin
                   and
                   Counsellour
                   ,
                   Right
                   trusty
                   and
                   well
                   beloved
                   Cousins
                   and
                   Counsellours
                   ,
                   and
                   right
                   trusty
                   and
                   well
                   beloved
                   Counsellours
                   ,
                
                 We
                 greet
                 you
                 well
                 ;
              
               
                 Whereas
                 upon
                 good
                 consideration
                 ,
                 and
                 for
                 the
                 better
                 advancement
                 of
                 the
                 Plantation
                 of
                 New-Scotland
                 ,
                 which
                 may
                 much
                 import
                 the
                 good
                 of
                 Our
                 Service
                 ,
                 and
                 the
                 Honour
                 and
                 Benefit
                 of
                 that
                 Our
                 ancient
                 Kingdom
                 ,
                 Our
                 Royal
                 Father
                 did
                 intend
                 ,
                 and
                 We
                 since
                 have
                 erected
                 the
                 Order
                 and
                 Title
                 of
                 Baronet
                 in
                 Our
                 said
                 ancient
                 Kingdom
                 ,
                 which
                 We
                 have
                 since
                 established
                 and
                 conferred
                 the
                 same
                 on
                 diverse
                 Gentlemen
                 of
                 good
                 quality
                 .
                 And
                 seing
                 Our
                 trusty
                 and
                 well
                 beloved
                 Counsellor
                 ,
                 Sir
                 
                   William
                   Alexander
                
                 Knight
                 ,
                 Our
                 principal
                 Secretary
                 of
                 that
                 Our
                 ancient
                 Kingdom
                 of
                 Scotland
                 ,
                 and
                 Our
                 Lieutenant
                 of
                 New-Scotland
                 ,
                 who
                 these
                 many
                 years
                 bygon
                 hath
                 been
                 at
                 great
                 charges
                 for
                 the
                 discovery
                 thereof
                 ,
                 hath
                 now
                 in
                 end
                 a
                 Colony
                 there
                 ,
                 where
                 his
                 Son
                 Sir
                 William
                 is
                 now
                 resident
                 ;
                 And
                 We
                 being
                 most
                 willing
                 to
                 afford
                 all
                 the
                 possible
                 means
                 of
                 encouragement
                 that
                 conveniently
                 We
                 can
                 to
                 the
                 Baronets
                 of
                 that
                 Our
                 ancient
                 Kingdom
                 ,
                 for
                 the
                 furtherance
                 of
                 so
                 good
                 a
                 work
                 :
                 And
                 to
                 the
                 effect
                 they
                 may
                 be
                 honoured
                 and
                 have
                 place
                 in
                 all
                 respects
                 according
                 to
                 their
                 Patents
                 from
                 Us
                 ,
                 We
                 have
                 been
                 pleased
                 to
                 Authorize
                 and
                 Allow
                 ,
                 as
                 by
                 these
                 presents
                 ,
                 for
                 Us
                 and
                 Our
                 Successours
                 ,
                 We
                 Authorize
                 and
                 Allow
                 the
                 said
                 Lieutenant
                 and
                 Baronets
                 ,
                 and
                 every
                 one
                 of
                 them
                 ,
                 and
                 their
                 Heirs
                 Male
                 to
                 wear
                 and
                 carry
                 about
                 their
                 Necks
                 in
                 all
                 time
                 coming
                 ,
                 an
                 
                   Orange
                   tannie
                   silk
                   ribbon
                
                 ,
                 whereon
                 shall
                 hang
                 pendant
                 in
                 a
                 
                   Scutcheon
                   argent
                
                 ,
                 a
                 
                   saltir
                   azur
                
                 ,
                 thereon
                 an
                 Inscutcheon
                 of
                 the
                 Arms
                 of
                 Scotland
                 ,
                 with
                 an
                 Imperial
                 Crown
                 above
                 the
                 Scutcheon
                 ,
                 and
                 incirled
                 with
                 this
                 motto
                 ,
                 
                   Fax
                   Mentis
                   Honestae
                   Gloria
                
                 ;
                 Which
                 cognisance
                 Our
                 said
                 present
                 Lieutenant
                 shall
                 deliver
                 now
                 to
                 them
                 from
                 Us
                 ,
                 that
                 they
                 may
                 be
                 the
                 better
                 known
                 and
                 distinguished
                 from
                 other
                 persons
                 ;
                 And
                 that
                 none
                 pretend
                 ignorance
                 of
                 the
                 Respect
                 due
                 unto
                 them
                 ,
                 Our
                 Pleasure
                 therefore
                 is
                 ,
                 that
                 by
                 open
                 proclamation
                 at
                 the
                 mercat-cross
                 of
                 Edinburgh
                 ,
                 and
                 of
                 all
                 other
                 head
                 Burghs
                 of
                 Our
                 Kingdom
                 ,
                 and
                 such
                 other
                 places
                 as
                 you
                 shall
                 think
                 necessar
                 ,
                 you
                 cause
                 intimate
                 Our
                 Royal
                 pleasure
                 and
                 intention
                 herein
                 to
                 all
                 Our
                 Subjects
                 .
                 And
                 if
                 any
                 person
                 out
                 of
                 neglect
                 or
                 contempt
                 shall
                 presume
                 to
                 take
                 place
                 or
                 precedency
                 of
                 the
                 said
                 Baronets
                 ,
                 their
                 Wives
                 ,
                 or
                 Children
                 ,
                 which
                 is
                 due
                 unto
                 them
                 by
                 their
                 Patents
                 ,
                 or
                 to
                 wear
                 their
                 Cognisance
                 ,
                 We
                 will
                 that
                 upon
                 notice
                 thereof
                 given
                 to
                 you
                 ,
                 you
                 cause
                 punish
                 such
                 offenders
                 by
                 Fining
                 ,
                 or
                 imprisoning
                 them
                 as
                 you
                 shall
                 think
                 sitting
                 ,
                 that
                 others
                 may
                 be
                 terrified
                 from
                 attempting
                 the
                 like
                 .
                 And
                 We
                 Ordain
                 ,
                 that
                 from
                 time
                 to
                 time
                 ,
                 as
                 occasion
                 of
                 granting
                 or
                 renewing
                 their
                 Patents
                 ,
                 or
                 their
                 Heirs
                 succeeding
                 to
                 the
                 dignity
                 shall
                 offer
                 ,
                 that
                 the
                 said
                 power
                 to
                 them
                 to
                 carry
                 the
                 said
                 Ribbon
                 and
                 Cognisance
                 ,
                 shall
                 be
                 therein
                 particularly
                 granted
                 and
                 inserted
                 .
                 And
                 We
                 likewise
                 Ordain
                 ,
                 thir
                 presents
                 to
                 be
                 insert
                 
                 and
                 Registrate
                 in
                 the
                 books
                 of
                 Our
                 Council
                 and
                 Exchequer
                 ,
                 and
                 that
                 you
                 cause
                 Registrate
                 the
                 same
                 in
                 the
                 books
                 of
                 the
                 
                   Lyon
                   King
                   at
                   Arms
                
                 ,
                 and
                 Heraulds
                 ,
                 there
                 to
                 remain
                 
                   ad
                   futuram
                   rei
                   memoriam
                
                 ;
                 And
                 that
                 all
                 parties
                 having
                 intress
                 ,
                 may
                 have
                 authentick
                 copies
                 and
                 extracts
                 thereof
                 .
                 And
                 for
                 your
                 so
                 doing
                 ,
                 these
                 Our
                 Letters
                 shall
                 be
                 unto
                 you
                 ,
                 and
                 every
                 one
                 of
                 you
                 from
                 time
                 to
                 time
                 your
                 sufficient
                 Warrand
                 ,
                 and
                 Discharge
                 in
                 that
                 behalf
                 .
              
               
                 
                   Given
                   at
                   Our
                   Court
                   at
                   Whitehall
                   ,
                   
                     the
                     17.
                     of
                     November
                     ,
                     1629.
                     years
                     .
                  
                
              
            
          
           
             The
             order
             of
             Baronet
             in
             England
             was
             erected
             by
             King
             Iames
             the
             sixth
             ,
             for
             advancing
             the
             plantation
             of
             Vlster
             in
             Ireland
             ,
             and
             these
             Knights
             have
             Priviledges
             and
             Precedencie
             much
             like
             to
             those
             above
             set
             down
             ;
             and
             there
             being
             a
             Contraversy
             for
             Precedency
             betwixt
             them
             and
             the
             younger
             sons
             of
             Viscounts
             ,
             and
             Barons
             ,
             managed
             in
             presence
             of
             King
             Iames
             ,
             it
             was
             determined
             in
             favours
             of
             the
             younger
             sons
             of
             Viscounts
             and
             Barons
             ;
             But
             at
             the
             same
             time
             it
             was
             declared
             ,
             That
             such
             Bannerets
             as
             should
             be
             made
             by
             His
             Majesty
             or
             Prince
             of
             Wales
             under
             the
             Kings
             Standard
             ,
             displayed
             in
             an
             Army
             Royal
             ,
             As
             also
             ,
             the
             Knights
             of
             the
             Garter
             ,
             Privy
             Counsellours
             ,
             Master
             of
             the
             Court
             of
             Wards
             and
             Liveries
             ,
             Chancellour
             and
             Under-Thesaurer
             of
             the
             Exehequer
             Chancellour
             of
             the
             Dutchy
             ,
             Chief
             Justice
             of
             the
             Kings
             Bench
             ,
             Master
             of
             the
             Rolls
             ,
             Chief
             Justice
             of
             the
             Common-pleas
             ,
             Chief
             Barons
             of
             Exchequer
             ,
             and
             other
             Judges
             ,
             and
             Barons
             of
             the
             degree
             of
             the
             Coif
             ,
             should
             have
             place
             and
             precedency
             both
             before
             the
             younger
             sons
             of
             Viscounts
             ,
             and
             Barons
             ,
             and
             before
             all
             Baronets
             :
             by
             which
             some
             alterations
             may
             appear
             from
             the
             Ranking
             appointed
             by
             Henry
             the
             fourth
             .
          
           
             Beside
             what
             has
             been
             formerly
             observed
             in
             the
             description
             of
             Knights
             ,
             Baronets
             .
             I
             find
             that
             of
             old
             a
             Banneret
             (
             or
             a
             Ban-rent
             )
             has
             been
             with
             us
             a
             title
             higher
             than
             a
             Baron
             ,
             for
             by
             Act
             101.
             
             Parl.
             7.
             
             Ia.
             1.
             
             Barons
             may
             choose
             their
             own
             Commissioners
             ,
             but
             Bishops
             ,
             Dukes
             ,
             Earles
             ,
             Lords
             ,
             and
             Ban-rents
             are
             to
             be
             summonded
             to
             Parliament
             by
             the
             Kings
             special
             precept
             ;
             And
             it
             is
             probable
             that
             these
             Ban-rents
             were
             Knights
             of
             extraordinary
             reputation
             ,
             who
             were
             allowed
             to
             raise
             a
             company
             of
             men
             under
             their
             own
             Banner
             ,
             but
             now
             it
             is
             commonly
             taken
             for
             such
             as
             are
             Knighted
             by
             the
             King
             or
             Prince
             under
             the
             Royal
             Standard
             in
             time
             of
             War.
             But
             I
             conceive
             that
             those
             could
             not
             now
             sit
             in
             Parliament
             upon
             the
             Kings
             precept
             ,
             the
             former
             Act
             of
             Parliament
             being
             
               in
               desuetude
            
             :
             They
             have
             the
             precedency
             from
             Baronets
             ,
             though
             their
             Wives
             have
             not
             ,
             this
             being
             but
             a
             temporary
             Dignity
             ,
             and
             the
             other
             an
             heritable
             .
          
           
             Barons
             in
             England
             are
             Lords
             with
             us
             ,
             but
             a
             Baron
             with
             us
             is
             properly
             he
             who
             has
             power
             of
             pit
             and
             gallows
             ;
             And
             yet
             of
             old
             I
             conceive
             that
             Lords
             and
             Barons
             were
             the
             same
             ,
             for
             the
             Statutes
             of
             K.
             Robert
             1.
             bear
             to
             be
             made
             in
             his
             Parliament
             holden
             at
             Scoon
             ,
             with
             Bishops
             ,
             Abbots
             ,
             Priors
             ,
             Earles
             ,
             Barons
             ,
             and
             others
             his
             Noblemen
             of
             his
             Realm
             :
             And
             in
             Our
             old
             Original
             Acts
             of
             Parliament
             ,
             I
             find
             that
             the
             Lords
             and
             Barons
             are
             put
             in
             one
             column
             undistinguished
             and
             under
             the
             common
             name
             Barons
             ;
             And
             in
             the
             first
             Parliament
             of
             K.
             Ia.
             the
             4th
             .
             I
             find
             the
             Master
             of
             Glames
             ,
             i.
             e.
             the
             Lord
             Glames
             ,
             eldest
             son
             sitting
             
               inter
               Barones
            
             .
             Now
             the
             Lords
             are
             called
             the
             Great
             Barons
             ,
             and
             the
             rest
             are
             called
             Small
             Barons
             ,
             in
             the
             101.
             
             Act.
             7.
             
             
               Parl.
               Ia.
            
             1.
             and
             ever
             since
             ;
             But
             yet
             I
             find
             by
             the
             166.
             
             Act.
             13.
             
             
               Parl.
               Ia.
            
             6.
             every
             Earl
             or
             Lord
             payes
             2000.
             pounds
             ,
             for
             Lawborrows
             ,
             and
             every
             great
             Baron
             1000.
             pounds
             ;
             but
             by
             great
             Baron
             there
             is
             meant
             a
             Baron
             of
             a
             considerable
             
             estate
             ,
             because
             that
             Act
             was
             to
             proportion
             the
             Surety
             to
             be
             found
             to
             the
             estate
             of
             him
             who
             finds
             the
             Surety
             .
          
           
             The
             old
             Barons
             (
             or
             Lairds
             )
             amongst
             us
             especially
             where
             they
             are
             Chiefs
             of
             Clans
             ,
             or
             the
             Representatives
             of
             old
             Families
             that
             were
             Earldoms
             ,
             as
             Pitcurr
             is
             of
             the
             Earl
             of
             Dirleton
             ,
             and
             as
             Chief
             of
             the
             name
             of
             Halyburton
             ,
             have
             never
             ceded
             the
             Precedency
             to
             Knights-Baronets
             ,
             much
             less
             to
             ordinar
             Knights
             .
             Though
             the
             other
             pretend
             that
             a
             Baron
             is
             no
             name
             of
             Dignity
             ,
             and
             that
             Knights-Baronets
             have
             a
             special
             priviledge
             ,
             that
             there
             shall
             be
             no
             degree
             betwixt
             them
             and
             Lords
             ,
             except
             the
             Bannerets
             ;
             And
             though
             
               militia
               non
               est
               per
               se
               dignitas
               ,
               Chassan
               .
               fol.
            
             344.
             yet
             generally
             it
             is
             believed
             ,
             that
             next
             to
             Knights-Baronets
             succeed
             Knights-Batchelours
             ,
             and
             next
             to
             them
             our
             Lairds
             ,
             or
             Landed-Gentlemen
             ,
             though
             a
             Laird
             in
             effect
             is
             but
             the
             corrupt
             word
             of
             a
             Lord.
             
          
           
             Amongst
             such
             as
             profess
             Sciences
             ,
             the
             Ranking
             goes
             thus
             uncontravertedly
             ,
             1
             o.
             Such
             as
             profess
             Theology
             .
             2
             o.
             Such
             as
             profess
             the
             Canon-Law
             .
             3
             o.
             The
             Civil-Law
             .
             4
             o.
             Philosophy
             .
             5
             o.
             Medicin
             .
             6
             o.
             Rhethorick
             .
             7
             o.
             Poescy
             .
             8
             o.
             History
             .
             9
             o.
             Grammer
             .
             10
             o.
             Logick
             .
             11
             o.
             Arithmetick
             .
             12
             o.
             Geometry
             .
             13
             o.
             Musick
             .
             14
             o.
             
               Astronomy
               ;
               Chassan
               .
               de
               gloria
               mundi
               pars
               decima
               .
            
             And
             amongst
             these
             ,
             such
             as
             are
             Doctors
             preceed
             these
             that
             are
             not
             ,
             and
             amongst
             Doctours
             ,
             the
             priority
             goes
             by
             Age.
             
          
           
             In
             Towns
             ,
             These
             who
             inhabit
             Cities
             are
             preferred
             to
             such
             as
             inhabit
             Burghs
             ,
             and
             generally
             those
             in
             the
             Metropolitan
             ,
             or
             capital
             .
             City
             are
             preferred
             to
             all
             the
             rest
             :
             And
             those
             who
             have
             born
             Magistracy
             ,
             are
             even
             when
             their
             Magistracy
             is
             over
             ,
             preferred
             to
             all
             others
             .
             And
             so
             far
             is
             this
             Precedency
             observed
             ,
             that
             1
             o.
             A
             younger
             Alderman
             or
             Bailie
             takes
             not
             Precedency
             from
             his
             Senior
             ,
             because
             he
             is
             Knighted
             ,
             or
             as
             being
             the
             elder
             Knight
             ,
             as
             was
             found
             in
             the
             case
             of
             the
             Alderman
             Craven
             ,
             who
             though
             all
             the
             rest
             of
             the
             Alderman
             were
             Knighted
             at
             the
             Coronation
             of
             King
             Iames
             ,
             kept
             the
             precedency
             formerly
             due
             to
             him
             as
             Senior
             Alderman
             .
             But
             though
             this
             hold
             not
             onely
             amongst
             Aldermen
             ,
             but
             that
             even
             all
             Knights
             of
             the
             Countrey
             ,
             being
             Burgesses
             of
             a
             Town
             ,
             do
             cede
             to
             these
             who
             have
             been
             their
             Magistrates
             in
             it
             ,
             as
             to
             publick
             meetings
             relating
             to
             the
             Town
             ;
             Yet
             it
             is
             doubted
             whether
             such
             a
             Knight
             will
             be
             oblieged
             to
             give
             place
             to
             an
             Alderman
             ,
             or
             Baily
             in
             a
             neutral
             place
             .
             But
             it
             is
             determined
             in
             the
             Heraulds
             Office
             of
             England
             ,
             that
             all
             such
             as
             have
             been
             Mayors
             of
             London
             ,
             that
             is
             to
             say
             ,
             Provosts
             with
             us
             ,
             do
             take
             the
             place
             of
             all
             Knights-batchelours
             every
             where
             ,
             because
             they
             have
             been
             the
             Kings
             Lieutenants
             .
          
           
             It
             is
             there
             likewlse
             remarked
             ,
             That
             Sir
             
               Iohn
               Crook
            
             Serjeant
             at
             Law
             ,
             was
             Knighted
             before
             any
             other
             Serjeant
             his
             Ancient
             ,
             and
             standing
             upon
             Precedency
             by
             reason
             of
             his
             Knighthood
             ,
             It
             was
             adjudged
             against
             him
             by
             the
             Judges
             ,
             viz.
             that
             he
             should
             take
             place
             according
             to
             his
             Serjeancy
             ,
             and
             not
             after
             his
             Knighthood
             ,
             yet
             his
             wife
             took
             her
             place
             of
             a
             Lady
             before
             other
             Serjeants
             wives
             .
          
           
             The
             Members
             of
             Courts
             do
             take
             place
             amongst
             themselves
             according
             to
             the
             precedency
             of
             the
             Courts
             ,
             where
             they
             serve
             ;
             as
             the
             Clerks
             of
             the
             Privy
             Council
             take
             place
             of
             the
             Clerks
             of
             the
             Session
             .
          
           
             In
             Families
             likewise
             ,
             the
             Chief
             of
             the
             Family
             takes
             place
             of
             any
             Gentleman
             of
             the
             Family
             :
             And
             though
             generally
             it
             be
             believed
             ,
             that
             Gentlemen
             have
             no
             precedency
             one
             from
             another
             ,
             yet
             Reason
             and
             Discretion
             do
             allow
             that
             a
             Gentlman
             of
             three
             Generations
             ,
             should
             cede
             to
             a
             Gentleman
             of
             
             ten
             ,
             if
             there
             be
             not
             a
             very
             great
             disparity
             betwixt
             their
             Fortunes
             ,
             and
             that
             for
             the
             same
             Reason
             almost
             ,
             that
             a
             Gentleman
             of
             three
             Generations
             claims
             precedency
             from
             any
             ordinary
             Landed-man
             ,
             who
             was
             newly
             acquired
             his
             lands
             .
          
        
      
       
         
           CHAP.
           IX
           .
           The
           Precedency
           due
           to
           Women
           .
        
         
           WOmen
           before
           their
           Marriage
           have
           Precedency
           by
           their
           Father
           ,
           but
           there
           is
           this
           difference
           betwixt
           them
           and
           the
           Male-children
           ,
           that
           the
           same
           Precedency
           is
           due
           to
           all
           the
           Daughters
           that
           is
           due
           to
           the
           eldest
           ,
           though
           it
           is
           not
           so
           amongst
           Sons
           ;
           and
           the
           reason
           of
           the
           difference
           seems
           to
           be
           ,
           that
           Daughters
           would
           all
           succeed
           equally
           ,
           whereas
           the
           eldest
           Son
           excludes
           all
           the
           rest
           ;
           But
           if
           this
           be
           the
           adequat
           and
           true
           reason
           ,
           then
           where
           the
           Estate
           and
           Honours
           are
           provided
           to
           the
           eldest
           Daughter
           onely
           ,
           excluding
           the
           rest
           ,
           they
           ought
           not
           to
           have
           the
           same
           Precedency
           that
           the
           eldest
           Sister
           has
           .
           And
           therefore
           I
           ascribe
           this
           difference
           rather
           to
           the
           custome
           of
           Nations
           meerly
           founded
           upon
           the
           respect
           due
           to
           that
           Sex.
           
        
         
           During
           the
           Marriage
           ,
           the
           Wife
           regularly
           participats
           of
           the
           condition
           of
           her
           Husband
           by
           the
           Civil
           Law
           ,
           and
           Law
           of
           Nations
           ,
           L.
           3.
           
           
             C.
             de
             Dignitat
             .
             Mulieres
             Honore
             maritorum
             erigimus
             ,
             genere
             nobilitamus
             ,
          
           and
           since
           she
           was
           to
           be
           sharer
           in
           his
           misfortunes
           ,
           the
           Law
           thought
           it
           just
           that
           she
           should
           be
           sharer
           in
           his
           Advantages
           ;
           And
           the
           Wife
           by
           the
           Canon
           Law
           is
           called
           
             Socia
             divinae
             &
             humanae
             domus
          
           ,
           and
           
             L.
             Foeminae
             ,
             ff
             .
             de
             Senat.
          
           it
           is
           said
           ,
           that
           
             Foeminis
             dignitatem
             clarissimam
             mariti
             tribuunt
          
           :
           But
           yet
           this
           rule
           has
           some
           exceptions
           ,
           for
           though
           in
           France
           the
           wives
           of
           those
           who
           have
           their
           Dignities
           by
           Offices
           ,
           enjoy
           the
           same
           Precedency
           with
           their
           Husband
           ,
           together
           with
           a
           communication
           of
           his
           title
           ,
           and
           thus
           they
           say
           there
           ,
           
             Madam
             la
             Chanceliere
             ,
             Madam
             la
             Praesidente
          
           :
           Yet
           it
           is
           not
           so
           with
           us
           ,
           who
           think
           ,
           that
           Offices
           are
           bestowed
           on
           Husbands
           upon
           a
           personal
           account
           ,
           which
           is
           not
           communicable
           to
           their
           Wives
           ;
           and
           yet
           in
           some
           Temporary
           Dignities
           ,
           such
           as
           that
           of
           a
           Knight-batchelour
           ,
           the
           Wife
           participates
           of
           the
           Husbands
           title
           and
           precedency
           :
           Though
           I
           find
           by
           the
           Heraulds
           Records
           ,
           that
           this
           proceeded
           originally
           ,
           rather
           from
           Courtesie
           than
           from
           Law
           ,
           and
           that
           of
           old
           a
           Knights
           wife
           enjoyed
           onely
           his
           Honours
           during
           the
           Spousals
           ,
           nor
           were
           they
           to
           be
           called
           in
           Law
           
             Dame
             Alice
          
           ,
           or
           
             Dame
             Catherine
             ,
             &c.
          
           after
           the
           Marriage
           was
           dissolved
           .
        
         
           By
           our
           Law
           likewise
           ,
           If
           a
           woman
           have
           Precedency
           by
           her
           Birth
           ,
           or
           Descent
           ,
           she
           retains
           still
           the
           same
           ,
           notwithstanding
           she
           marry
           a
           person
           of
           inferiour
           dignity
           ,
           contrare
           to
           the
           Rules
           of
           the
           ivil
           Law
           ;
           And
           thus
           if
           the
           Heiress
           of
           a
           Dutchie
           ,
           or
           Earldom
           ,
           marry
           a
           Gentleman
           ,
           she
           has
           still
           the
           precedency
           due
           to
           a
           Duke
           ,
           or
           Earl
           ,
           albeit
           by
           the
           Civil
           Law
           ,
           L.
           8.
           
             de
             Senat.
          
           
           it
           be
           exprest
           that
           
             Parentes
             donee
             Plebeiis
             nuptiis
             fuerint
             copulatae
             ,
             &c.
          
           the
           reason
           whereof
           is
           as
           Faber
           observes
           upon
           that
           Law
           ,
           because
           it
           were
           most
           absurd
           that
           the
           Wife
           should
           have
           more
           dignitie
           then
           her
           Husband
           ;
           and
           thus
           Livius
           observes
           ,
           that
           Virginia
           daughter
           to
           a
           Patrician
           ,
           or
           noble
           Roman
           ,
           was
           debarred
           from
           the
           Honours
           due
           to
           her
           Birth
           ,
           because
           she
           had
           married
           a
           Plebeian
           ;
           And
           it
           seems
           indeed
           that
           he
           being
           her
           Head
           ,
           it
           is
           most
           unnatural
           that
           any
           part
           should
           be
           more
           honourable
           then
           the
           Head
           :
           Nor
           can
           there
           be
           any
           thing
           more
           contrare
           to
           that
           superiority
           ,
           given
           both
           by
           the
           Law
           of
           GOD
           and
           Man
           to
           Husbands
           ,
           nor
           any
           means
           fitter
           to
           make
           a
           Wife
           despise
           her
           Husband
           than
           this
           is
           .
           But
           I
           think
           this
           precedency
           has
           arisen
           from
           the
           Feudal
           Law
           ,
           for
           the
           wife
           having
           once
           a
           noble
           Fee
           ,
           she
           cannot
           forfeit
           the
           same
           by
           her
           Marriage
           ,
           and
           therefore
           she
           must
           retain
           the
           dignity
           that
           is
           annexed
           to
           it
           ,
           which
           is
           incommunicable
           to
           her
           Husband
           ,
           because
           he
           is
           not
           in
           Fie
           .
           But
           it
           is
           observable
           ,
           that
           if
           the
           daughter
           of
           a
           Nobleman
           marry
           another
           Nobleman
           ,
           she
           will
           lose
           the
           precedency
           due
           to
           her
           by
           her
           Birth
           ,
           though
           she
           would
           not
           have
           losed
           it
           if
           she
           had
           married
           a
           Gentleman
           ,
           and
           the
           reason
           of
           this
           seems
           to
           be
           ,
           because
           by
           marrying
           a
           Nobleman
           she
           receives
           another
           Feudal
           dignity
           ,
           which
           suppresses
           the
           first
           .
        
         
           I
           find
           it
           observed
           in
           Judge
           
             Cook.
             lib.
          
           12.
           fol.
           112.
           that
           if
           a
           Baron
           dies
           ,
           having
           divers
           daughters
           ,
           the
           King
           may
           conferr
           upon
           either
           of
           them
           the
           title
           ;
           And
           thus
           the
           Lord
           Cromwel
           having
           died
           without
           heirs
           Male
           ,
           Burchier
           who
           married
           the
           youngest
           daughter
           was
           made
           Lord
           Cromwel
           ,
           of
           which
           we
           have
           no
           example
           in
           Scotland
           ;
           for
           by
           our
           Law
           ,
           if
           the
           title
           descend
           to
           Females
           by
           the
           Patent
           ,
           the
           eldest
           onely
           can
           succeed
           to
           the
           title
           ,
           but
           if
           it
           descend
           not
           by
           the
           Patent
           to
           Heirs
           Female
           ,
           then
           the
           King
           may
           admit
           neither
           to
           the
           title
           ,
           or
           either
           as
           he
           pleases
           .
        
         
           After
           the
           Husbands
           decease
           ,
           the
           Wife
           did
           by
           the
           Civil
           Law
           enjoy
           her
           Husbands
           precedency
           during
           her
           Widowity
           ,
           but
           if
           she
           marry
           to
           a
           person
           of
           inferiour
           quality
           ,
           she
           loses
           that
           Precedency
           ,
           L.
           8.
           
             de
             Senat.
          
           which
           holds
           with
           Us
           and
           in
           England
           ;
           And
           yet
           sometimes
           the
           King
           allows
           her
           the
           same
           Precedency
           ,
           by
           a
           Letter
           ,
           as
           he
           does
           also
           to
           the
           daughters
           of
           Dukes
           ,
           and
           others
           who
           have
           lost
           their
           Precedency
           by
           Marriage
           ,
           which
           Letters
           ,
           or
           Warrands
           ,
           are
           direct
           to
           the
           Heraulds
           Office
           ,
           and
           Registrated
           there
           .
           And
           the
           Queen
           never
           loses
           her
           former
           Dignity
           though
           she
           marry
           the
           meanest
           person
           after
           the
           Kings
           death
           .
           And
           generally
           ,
           all
           the
           priviledges
           due
           to
           the
           King
           ,
           are
           communicated
           to
           the
           Queen
           ,
           
             per
             L.
          
           31.
           
             ff
             .
             de
             Leg
             :
             Augusta
             ,
             autem
             Legibus
             soluta
             non
             est
             ,
             Principes
             tamen
             eadem
             illi
             privilegia
             tribunut
             quae
             ipsi
             habent
             .
          
           Notwithstanding
           whereof
           ,
           Lawyers
           think
           that
           her
           Bastards
           are
           not
           Noble
           as
           the
           Bastards
           of
           Kings
           ,
           nor
           does
           the
           Womb
           ever
           nobilitate
           .
           The
           Countrey
           of
           Campaigne
           in
           France
           onely
           excepted
           ,
           where
           it
           is
           sufficient
           that
           either
           the
           Father
           or
           Mother
           be
           Noble
           ,
           which
           was
           allowed
           to
           the
           Ladies
           of
           that
           Countrey
           ,
           upon
           the
           killing
           of
           all
           the
           Nobility
           at
           a
           great
           fight
           ,
           
             Papon
             .
             de
             Nobles
             .
             num
             .
          
           3.
           
           By
           the
           Civil
           Law
           also
           ,
           a
           Widow
           living
           leudly
           ,
           loses
           her
           former
           dignity
           ,
           
             Arg.
             §
             Fin.
             in
             authent
             .
             de
             restit
             .
          
           but
           this
           holds
           not
           with
           us
           ,
           
             vide
             Bon.
             de
             Curt.
             de
             Nobilitate
             ,
             cap.
          
           12.
           num
           .
           194.
           
        
         
           It
           has
           been
           doubted
           ,
           whether
           a
           mean
           woman
           marrying
           a
           Nobleman
           ,
           retains
           the
           priviledge
           due
           to
           her
           by
           her
           Husband
           ,
           who
           has
           been
           degraded
           by
           forfeiture
           ,
           or
           otherwayes
           ,
           and
           Corbin
           cites
           a
           decision
           ,
           27.
           
           August
           .
           1698.
           whereby
           it
           was
           resolved
           ,
           that
           she
           retains
           still
           her
           former
           priviledge
           ,
           since
           crimes
           are
           personal
           ,
           which
           is
           also
           our
           Custom
           .
        
         
         
           It
           has
           been
           likeways
           doubted
           abroad
           ,
           whether
           a
           Noblewoman
           marrying
           a
           Plebeian
           ,
           and
           thereby
           losing
           the
           Precedency
           due
           to
           her
           Birth
           ,
           if
           she
           marry
           a
           Gentleman
           in
           the
           second
           Marriage
           ,
           she
           will
           thereby
           recurr
           to
           her
           first
           Dignity
           ,
           the
           person
           be
           whom
           she
           lost
           the
           first
           Dignity
           being
           dead
           ;
           And
           it
           was
           found
           that
           she
           will
           not
           ,
           for
           in
           Law
           that
           which
           is
           once
           extinct
           does
           not
           revive
           ;
           and
           therefore
           Women
           in
           such
           cases
           take
           Letters
           of
           Restitution
           ,
           as
           they
           call
           them
           ,
           or
           procure
           a
           warrand
           from
           the
           King
           ,
           for
           that
           effect
           as
           the
           custom
           is
           with
           us
           ,
           
             ut
             interveniet
             Principis
             restitutio
             quae
             plebecitatis
             maculam
             abstergat
             ,
             Traitte
             de
             la
             noblesse
             ,
             pag.
          
           324.
           
           But
           there
           would
           be
           no
           place
           for
           this
           question
           here
           ,
           since
           with
           us
           a
           Noblewoman
           would
           not
           lose
           her
           Precedency
           by
           marrying
           a
           Plebeian
           ,
           but
           the
           doubt
           behoov'd
           to
           be
           thus
           stated
           with
           us
           ,
           viz.
           Whether
           a
           Noblewoman
           marrying
           a
           Nobleman
           of
           an
           inferiour
           degree
           ,
           would
           recover
           her
           first
           dignity
           ,
           she
           marrying
           thereafter
           a
           Gentleman
           :
           Or
           ,
           whether
           a
           Knight-Baronets
           Lady
           marrying
           a
           Plebeian
           ,
           could
           thereafter
           recover
           her
           dignity
           if
           she
           marry
           a
           Gentleman
           .
           For
           I
           conceive
           a
           Knight-baronets
           Lady
           ,
           does
           not
           like
           a
           Noblewoman
           ,
           retain
           her
           Precedency
           when
           she
           marries
           a
           person
           of
           inferiour
           quality
           ,
           and
           I
           think
           neither
           of
           them
           would
           recover
           their
           former
           dignity
           without
           a
           special
           Warrand
           .
        
         
           I
           find
           that
           the
           Commissioners
           appointed
           to
           regulate
           Queen
           Anns
           Funerals
           ,
           did
           upon
           the
           20.
           of
           May
           ,
           1619.
           declare
           ,
           That
           the
           Ladies
           of
           the
           Privy
           Chamber
           should
           in
           time
           of
           mourning
           ,
           take
           their
           places
           as
           if
           the
           Queen
           were
           living
           ,
           till
           the
           Funerals
           were
           ended
           ,
           and
           that
           the
           Queens
           Chamberers
           should
           for
           the
           present
           Funeral
           go
           before
           Countesses
           women
           ,
           without
           prejudice
           to
           Countesses
           women
           ,
           at
           any
           time
           thereafter
           .
        
         
           It
           is
           fit
           to
           observe
           ,
           That
           the
           Wives
           and
           Daughters
           of
           all
           Dukes
           ,
           Marquesses
           ,
           Earles
           ,
           &c.
           do
           take
           the
           same
           place
           that
           the
           Husbands
           and
           Sons
           do
           ,
           conform
           to
           the
           Precedency
           formerly
           exprest
           ,
           pag.
           35.
           
           And
           I
           find
           in
           the
           Heraulds
           Office
           of
           England
           ,
           an
           establishment
           settled
           thus
           amongst
           women
           ,
           by
           Iasper
           Duke
           of
           Bedford
           ,
           and
           other
           Noblemen
           ,
           by
           warrand
           from
           Henry
           the
           fourth
           .
        
         
           
             The
             Wives
             of
             Dukes
             of
             the
             Blood
             Royall
             .
          
           
             The
             Wives
             of
             other
             Dukes
             .
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Dukes
             of
             the
             Blood
             Royal.
             
          
           
             The
             Daughters
             of
             Dukes
             of
             the
             Blood
             Royal.
             
          
           
             The
             Wives
             of
             Marquesses
             .
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Dukes
             .
          
           
             The
             Daughters
             of
             Dukes
             .
          
           
             Countesses
             .
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Marquesses
             .
          
           
             The
             Daughters
             of
             Marquesses
             .
          
           
             The
             Wives
             of
             the
             younger
             Sons
             of
             Dukes
             .
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Earles
             .
          
           
             The
             Daughters
             of
             Earles
             .
          
           
             The
             Wives
             of
             Viscounts
             .
          
           
             The
             Wives
             of
             the
             younger
             Sons
             of
             Marquesses
             .
          
           
             The
             Wives
             of
             Barons
             ,
             (
             that
             is
             to
             say
             our
             Lords
             .
             )
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Viscounts
             .
          
           
             The
             Daughters
             of
             Viscounts
             .
          
           
             
             The
             Wives
             of
             the
             younger
             Sons
             of
             Earles
             .
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Barons
             or
             Lords
             .
          
           
             The
             Daughters
             of
             Barons
             .
          
           
             The
             Wives
             of
             Knight-bannerets
             .
          
           
             The
             Wives
             of
             the
             younger
             Sons
             of
             Lords
             .
          
           
             The
             Wives
             of
             Knight-batchelours
             .
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Knights-bannerets
             .
          
           
             The
             Daughters
             of
             Bannerets
             .
          
           
             The
             Wives
             of
             the
             eldest
             Sons
             of
             Knight-batchelours
             .
          
           
             The
             Daughters
             of
             Knight-batchelours
             .
          
           
             The
             Queens
             Maids
             of
             Honour
             .
          
           
             The
             Wives
             of
             the
             younger
             Sons
             of
             Banerets
             .
          
           
             The
             Wives
             of
             the
             younger
             Sons
             of
             Knight-batchelours
             .
          
           
             The
             Wives
             of
             Esqueirs
             .
          
           
             The
             Wives
             of
             Gentlemen
             .
          
           
             The
             Daughters
             of
             Esquiers
             .
          
           
             The
             Daughters
             of
             Gentlemen
             .
          
           
             The
             Wives
             of
             Citizens
             .
          
           
             The
             Wives
             of
             Burgesses
             .
          
        
         
           From
           all
           which
           it
           is
           to
           be
           observed
           ,
           that
           the
           wife
           of
           the
           eldest
           Son
           of
           any
           degree
           ,
           takes
           place
           before
           the
           Daughter
           of
           that
           same
           degree
           ,
           and
           both
           of
           them
           take
           place
           of
           the
           younger
           Sons
           wife
           of
           the
           preceeding
           degree
           ;
           Thus
           the
           Lady
           of
           the
           eldest
           Son
           of
           a
           Marquess
           preceeds
           the
           Daughter
           of
           a
           Marquess
           ,
           and
           both
           preceed
           the
           Ladies
           of
           Dukes
           younger
           Sons
           :
           Item
           ,
           the
           Wife
           of
           the
           next
           degree
           as
           a
           Countess
           ,
           preceeds
           the
           Lady
           of
           the
           eldest
           Son
           of
           the
           preceeding
           degree
           as
           of
           a
           Marquess
           ,
           and
           the
           Daughter
           of
           a
           Marquess
           .
        
         
           3
           o.
           This
           holds
           not
           only
           in
           comparing
           degrees
           amongst
           themselves
           ,
           but
           also
           in
           comparing
           Families
           of
           the
           same
           degree
           amongst
           themselves
           ,
           as
           for
           instance
           ,
           though
           the
           Marquess
           of
           Dowglas
           Lady
           would
           give
           place
           to
           the
           Marquess
           of
           Huntlys
           Lady
           ,
           yet
           the
           Wife
           of
           the
           Marquess
           of
           Dowglas
           eldest
           Son
           would
           take
           place
           from
           the
           Marquess
           of
           Huntlys
           Daughter
           .
        
         
           4
           o.
           Though
           of
           old
           with
           us
           in
           Scotland
           ,
           the
           Wives
           of
           Lords
           did
           contend
           ,
           that
           they
           had
           the
           Precedency
           from
           the
           Daughters
           of
           Earles
           :
           Yet
           since
           that
           Letter
           written
           by
           King
           Charles
           the
           first
           at
           his
           Coronation
           ,
           we
           follow
           the
           custome
           of
           England
           ,
           in
           preferring
           the
           Earles
           Daughter
           ,
           who
           takes
           place
           immediately
           after
           her
           eldest
           Brothers
           wife
           .
        
         
           5
           o.
           Though
           the
           Daughter
           of
           a
           Marquess
           gives
           place
           to
           the
           wives
           of
           the
           eldest
           Sons
           of
           all
           Marquesses
           ,
           yet
           if
           that
           Daughter
           be
           an
           Heiress
           ,
           and
           the
           Daughter
           of
           an
           elder
           Marquess
           ,
           then
           she
           takes
           place
           from
           the
           wives
           of
           the
           eldest
           Sons
           of
           all
           younger
           Marquesses
           ,
           as
           Segar
           .
           observes
           ,
           pag.
           240.
           
           It
           is
           likewise
           observable
           ,
           that
           since
           this
           Ranking
           under
           Henry
           the
           fourth
           ,
           there
           are
           several
           new
           additions
           ;
           For
           after
           the
           wives
           of
           Lords
           eldest
           Sons
           and
           Lords
           Daughters
           are
           Ranked
           ,
           the
           Wives
           of
           Privy
           Counsellours
           and
           Judges
           ,
           Wives
           of
           the
           younger
           Sons
           of
           Viscounts
           ,
           and
           of
           Lords
           or
           Barons
           ,
           the
           Wives
           of
           Baronets
           ,
           the
           Wives
           of
           Bannerets
           ,
           the
           wives
           of
           the
           Knights
           of
           the
           Bath
           ,
           and
           the
           Wives
           of
           Knights-batchelours
           ,
           &c.
           as
           in
           the
           former
           List.
           
        
      
       
         
         
           Some
           considerable
           Questions
           concerning
           Precedency
           ,
           Resolved
           .
        
         
           
             QVESTION
             I.
             WHether
             in
             Competitions
             betwixt
             Kingdoms
             ,
             States
             ,
             and
             Towns
             ,
             is
             their
             present
             Condition
             to
             be
             Considered
             ,
             or
             what
             they
             were
             formerly
             ?
          
           
             To
             which
             it
             is
             answered
             ,
             with
             this
             Distinction
             ,
             viz.
             Either
             the
             Kingdom
             ,
             or
             other
             places
             betwixt
             which
             Competitions
             are
             Stated
             ,
             remain
             the
             same
             that
             they
             were
             in
             their
             Substantials
             ,
             and
             then
             the
             former
             Precedency
             is
             still
             continued
             ;
             as
             for
             instance
             ,
             Though
             Rome
             whilst
             it
             was
             a
             Common-wealth
             did
             sometimes
             admit
             of
             a
             Dictator
             ,
             who
             had
             indeed
             the
             power
             of
             a
             King
             ,
             yet
             they
             remained
             still
             the
             same
             Common-wealth
             ;
             and
             therefore
             being
             the
             same
             in
             substantials
             ,
             they
             ought
             to
             have
             the
             same
             Degree
             of
             Precedency
             continued
             :
             Or
             when
             two
             or
             three
             Kingdoms
             are
             without
             any
             alteration
             United
             in
             one
             ,
             as
             the
             Kingdoms
             of
             Scotland
             and
             England
             were
             United
             into
             the
             Kingdom
             of
             
               Great
               Britain
            
             ,
             under
             Kings
             in
             the
             same
             Race
             ,
             who
             succeeded
             to
             both
             ,
             as
             is
             fully
             Demonstrated
             by
             
               Alb.
               Gentil
               .
               pag.
            
             82.
             and
             this
             is
             likewise
             clear
             from
             
               L.
               proponebatur
               ff
               .
               de
               Iudiciis
               &
               l.
            
             24.
             
               ff
               .
               de
               Legat.
            
             1.
             
             But
             where
             there
             is
             a
             substantial
             alteration
             called
             by
             
               Aristotle
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               vel
            
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             there
             the
             former
             Condition
             is
             not
             considered
             ,
             but
             the
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             or
             present
             condition
             of
             the
             places
             in
             Competition
             is
             that
             which
             ought
             to
             be
             considered
             :
             And
             thus
             when
             a
             Kingdom
             comes
             to
             be
             Conquer'd
             by
             a
             Stranger
             ,
             and
             by
             a
             Strange
             and
             Forreign
             Nation
             ,
             there
             the
             State
             of
             the
             Kingdom
             is
             absolutely
             Innovated
             ,
             especially
             if
             the
             Laws
             of
             the
             State
             be
             altered
             :
             And
             therefore
             the
             French
             Lawyers
             are
             of
             Opinion
             ,
             that
             the
             Precedency
             of
             England
             ought
             onely
             to
             be
             Computed
             from
             William
             the
             Conquerour
             ,
             Because
             ,
             at
             that
             time
             a
             Stranger
             and
             a
             Strange
             Nation
             did
             conquer
             the
             said
             Kingdom
             ,
             and
             the
             Fundamental
             Laws
             of
             it
             were
             much
             Innovat
             ;
             and
             if
             this
             be
             not
             an
             Alteration
             none
             can
             be
             :
             For
             the
             Antiquity
             of
             Land
             cannot
             give
             Precedency
             ,
             for
             all
             Land
             was
             Created
             together
             ,
             and
             there
             are
             few
             Nations
             so
             Conquest
             ,
             as
             that
             the
             former
             people
             do
             not
             remain
             ,
             so
             that
             there
             can
             be
             no
             Precedency
             upon
             that
             account
             ,
             though
             some
             who
             are
             extravagant
             in
             their
             Zeal
             for
             their
             Countrey
             doe
             Argue
             its
             Precedency
             from
             the
             first
             Ages
             of
             the
             World
             ;
             as
             Vasquius
             does
             that
             of
             the
             Spanish
             Empire
             ,
             in
             deryving
             it
             from
             
               Tubal
               Cain
               ,
               praefatio
               in
               Contravers
               .
               Illust.
               
            
          
        
         
           
             QVESTION
             II.
             Whether
             a
             Kingdom
             becoming
             a
             Common-wealth
             ,
             or
             a
             Common-wealth
             a
             Kingdom
             ,
             does
             their
             former
             Precedency
             remain
             ?
          
           
             This
             Question
             has
             two
             Branches
             wherein
             the
             Difficulties
             differ
             ,
          
           
             The
             first
             is
             ,
             Whether
             that
             Town
             or
             Place
             which
             was
             a
             Republick
             ,
             
             having
             become
             a
             Monarchy
             or
             Principality
             ,
             ought
             it
             to
             Retain
             the
             Precedency
             due
             to
             the
             former
             Common-wealth
             ?
             And
             that
             it
             ought
             to
             Retain
             the
             same
             Precedency
             may
             be
             Argued
             ,
             Because
             ,
             when
             one
             thing
             is
             surrogat
             in
             the
             place
             of
             another
             ,
             that
             which
             is
             surrogat
             ought
             to
             have
             the
             same
             priviledge
             with
             that
             in
             whose
             place
             it
             is
             surrogat
             ,
             
               surrogatum
               subit
               naturam
               surrogati
            
             ;
             But
             so
             it
             is
             ,
             that
             the
             subsequent
             Principality
             is
             surrogat
             in
             place
             of
             the
             former
             Common-wealth
             ,
             and
             therefore
             ought
             to
             have
             the
             same
             Precedency
             :
             this
             Reason
             is
             likewise
             seconded
             by
             a
             Decision
             of
             Charles
             the
             fifth
             ,
             who
             in
             the
             Debate
             betwixt
             the
             Duke
             of
             Florence
             ,
             and
             the
             Duke
             of
             Ferrara
             ,
             did
             prefer
             the
             Duke
             of
             Florence
             ,
             because
             the
             Republick
             of
             Florence
             was
             formerly
             preferred
             to
             Ferrara
             .
          
           
             From
             this
             Decision
             some
             would
             distinguish
             betwixt
             the
             Case
             ,
             where
             a
             Citizen
             of
             the
             former
             Common-wealth
             is
             preferred
             by
             common
             consent
             of
             his
             fellow
             Citizens
             ,
             in
             which
             case
             they
             who
             Governed
             formerly
             still
             Govern
             ,
             Because
             they
             choose
             the
             new
             Duke
             ,
             Prince
             or
             King
             :
             And
             the
             case
             wherein
             a
             Stranger
             comes
             in
             and
             Conquers
             ,
             in
             which
             case
             the
             former
             Government
             is
             absolutely
             Altered
             ,
             and
             none
             of
             those
             who
             Governed
             formerly
             continue
             to
             Govern
             :
             Nor
             does
             the
             Argument
             of
             Surrogation
             hold
             in
             this
             case
             ,
             because
             that
             Argument
             onely
             holds
             where
             one
             thing
             is
             surrogat
             to
             an
             other
             by
             common
             consent
             ,
             and
             where
             the
             Reason
             of
             the
             Priviledge
             pleaded
             in
             the
             one
             case
             remains
             in
             the
             other
             ,
             neither
             of
             which
             can
             be
             alleadged
             where
             there
             is
             a
             Conquest
             ;
             because
             there
             ,
             neither
             is
             there
             a
             Consent
             ,
             nor
             does
             the
             Government
             ,
             nor
             State
             remain
             the
             same
             ,
             And
             consequently
             ,
             ought
             not
             to
             have
             the
             same
             Precedency
             ,
             seing
             the
             sameness
             of
             Precedency
             depends
             upon
             the
             sameness
             of
             the
             State
             ,
             which
             ought
             to
             have
             the
             Precedency
             .
          
           
             The
             same
             is
             likewise
             to
             be
             concluded
             ,
             where
             One
             of
             the
             same
             City
             or
             Republick
             Usurpes
             the
             Government
             ;
             For
             in
             that
             case
             the
             former
             Arguments
             hold
             :
             And
             though
             
               Aristotle
               libro
               quinto
               Politicorum
            
             sayes
             ,
             
               eundem
               Statum
               Reipublicae
               manere
               ,
               ubi
               rem
               suam
               &
               summam
               Resbublica●
               ante
               libera
               civi
               alicui
               suo
               regendam
               deinceps
               comittit
               ,
            
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Yet
             this
             requires
             two
             conditions
             ,
             The
             one
             is
             ,
             that
             one
             of
             the
             Citizens
             Govern
             ;
             and
             the
             other
             is
             ,
             That
             the
             Government
             be
             transmitted
             to
             him
             by
             the
             common
             consent
             of
             those
             his
             fellow
             Citizens
             who
             Governed
             formerly
             ;
             An
             eminent
             Example
             therof
             We
             find
             in
             that
             famous
             
               Lex
               Regia
            
             ,
             mentioned
             L.
             1.
             
               ff
               .
               de
               Const.
               Princ.
            
             whereby
             the
             Romans
             transmitted
             all
             the
             power
             they
             had
             to
             the
             Emperour
             ,
             
               quae
               de
               Imperio
               lata
               est
               qua
               populus
               ei
               &
               in
               eum
               omne
               suum
               Imperium
               &
               potestatem
               contulit
               ,
            
             and
             upon
             this
             account
             it
             is
             ,
             that
             the
             Roman
             Emperours
             pretend
             the
             same
             Precedency
             that
             was
             due
             to
             the
             Common-wealth
             of
             Rome
             ,
             since
             the
             Common-wealth
             did
             surrender
             and
             transmit
             to
             them
             their
             power
             .
          
           
             The
             next
             Branch
             of
             the
             Question
             is
             ,
             Whether
             a
             Kingdom
             being
             turned
             into
             a
             Common-wealth
             ,
             ought
             to
             have
             the
             same
             Precedency
             that
             was
             due
             to
             the
             former
             Kingdom
             ?
             And
             it
             would
             appear
             that
             it
             ought
             not
             ,
             since
             in
             becoming
             a
             Common-wealth
             ,
             it
             is
             Degraded
             from
             its
             former
             Dignity
             ,
             Common-wealths
             being
             by
             the
             consent
             of
             all
             Nations
             postponed
             to
             all
             Kings
             ,
             or
             Crowned-Heads
             ;
             Nor
             does
             the
             Argument
             of
             Surrogation
             hold
             in
             the
             matter
             of
             Precedency
             ,
             where
             there
             is
             not
             onely
             a
             substantial
             Alteration
             ,
             but
             a
             Degradation
             :
             The
             former
             Argument
             
             of
             Surrogation
             does
             not
             likewise
             take
             place
             ,
             where
             there
             has
             an
             intermediate
             Impediment
             interveened
             ▪
             as
             for
             Instance
             ,
             Though
             Spain
             had
             been
             formerly
             a
             Kingdom
             ,
             and
             though
             England
             was
             really
             a
             Kingdom
             of
             old
             ,
             yet
             both
             these
             having
             become
             afterwards
             Provinces
             to
             the
             Roman
             Empire
             ,
             they
             cannot
             Reassume
             the
             Dignities
             and
             Precedency
             due
             to
             them
             before
             they
             were
             subdued
             ,
             and
             became
             Tributaries
             ;
             since
             that
             Degradation
             was
             a
             
               medium
               impedimentum
            
             ,
             as
             Lawyers
             call
             it
             ,
             Which
             hindred
             the
             present
             condition
             of
             their
             Kingdom
             to
             be
             drawn
             back
             to
             its
             old
             State
             :
             A
             thousand
             instances
             of
             which
             may
             be
             given
             in
             other
             cases
             ,
             and
             even
             in
             the
             matter
             of
             Precedency
             ,
             If
             a
             Family
             be
             Degraded
             ,
             and
             continue
             so
             for
             a
             long
             time
             ,
             if
             though
             they
             be
             thereafter
             restored
             ;
             Or
             if
             an
             Earl
             should
             resign
             his
             title
             in
             the
             Kings
             hands
             ,
             and
             so
             extinguish
             his
             title
             ,
             though
             he
             were
             restored
             ,
             yet
             he
             would
             not
             be
             restored
             to
             his
             former
             Precedency
             ,
             in
             prejudice
             of
             those
             who
             had
             acquired
             titles
             
               medio
               tempore
            
             .
          
        
         
           
             QVESTION
             III.
             Whether
             he
             who
             is
             Elected
             to
             a
             Dignity
             ,
             ought
             to
             have
             Precedency
             thereby
             ,
             as
             if
             he
             were
             Actually
             Admitted
             ?
          
           
             This
             question
             has
             been
             often
             Agitated
             ,
             and
             may
             be
             of
             great
             Use
             amongst
             persons
             of
             all
             Degrees
             :
             It
             was
             first
             Debated
             in
             anno
             1521.
             betwixt
             the
             Ambassadours
             of
             Charles
             the
             fifth
             ,
             who
             was
             then
             Elected
             Emperour
             ,
             and
             the
             Ambassadours
             of
             Francis
             the
             first
             King
             of
             France
             ,
             who
             alleadged
             ,
             that
             though
             Charles
             the
             fifth
             was
             Elected
             Emperour
             ,
             yet
             not
             being
             Crowned
             and
             Anointed
             ,
             the
             Election
             being
             but
             an
             incompleat
             Act
             ,
             could
             not
             give
             him
             Preference
             ;
             and
             that
             it
             could
             not
             was
             Argued
             from
             these
             Reasons
             .
             1
             o.
             Before
             the
             Emperours
             Admission
             and
             Consecration
             ,
             he
             is
             not
             called
             Emperour
             ,
             but
             onely
             King
             of
             the
             Romans
             ,
             and
             therefore
             he
             ought
             not
             to
             have
             the
             place
             as
             Emperour
             ,
             for
             the
             King
             of
             the
             Romans
             is
             inferiour
             to
             the
             Emperour
             ,
             and
             the
             Inferiour
             cannot
             have
             the
             Superiours
             place
             .
             2
             o.
             If
             Election
             could
             give
             the
             Precedency
             ,
             there
             needed
             not
             any
             further
             Solemnity
             ;
             For
             by
             the
             Election
             ,
             the
             person
             Elected
             would
             be
             Emperour
             ,
             for
             none
             can
             have
             the
             Emperours
             place
             but
             the
             Emperour
             .
             3
             o.
             That
             which
             is
             Imperfect
             cannot
             operat
             as
             much
             as
             that
             which
             is
             perfect
             ▪
             
               L.
               Aedificia
               §
               perfectissime
               ff
               .
               de
               edil
               .
               edict
               .
            
             and
             that
             which
             is
             Imperfect
             is
             judged
             in
             Law
             to
             be
             no
             more
             ,
             then
             if
             it
             were
             not
             ,
             
               Imperfectum
               ,
               &
               nullum
               idem
               sunt
            
             :
             And
             therefore
             as
             he
             could
             not
             have
             Precedency
             ,
             if
             there
             were
             no
             Election
             ,
             so
             neither
             can
             he
             have
             it
             ,
             where
             there
             is
             but
             an
             incompleat
             Election
             .
             4
             o.
             Where
             there
             are
             two
             Degrees
             subordinat
             one
             to
             another
             ,
             the
             Inferiour
             Degree
             cannot
             aspire
             to
             that
             which
             is
             due
             to
             the
             Superiour
             ;
             But
             so
             it
             is
             ,
             that
             Election
             is
             but
             subordinat
             to
             Admission
             ,
             Ergo
             ,
             it
             cannot
             Operat
             as
             much
             as
             Admission
             .
             Notwithstanding
             of
             all
             which
             ,
             I
             find
             that
             Gothofred
             .
             and
             others
             decide
             for
             the
             Emperour
             ,
             and
             are
             of
             opinion
             that
             an
             Election
             has
             in
             it
             the
             Radical
             Power
             and
             Force
             of
             Admission
             ,
             and
             so
             gives
             as
             much
             Precedency
             as
             Admission
             does
             ;
             Yet
             with
             Us
             ,
             We
             see
             that
             an
             Elect
             Bishop
             takes
             not
             the
             same
             place
             ,
             that
             is
             due
             to
             him
             after
             he
             is
             Admitted
             :
             And
             therefore
             the
             Distinction
             
             would
             be
             made
             here
             betwixt
             such
             an
             Election
             ,
             as
             transfers
             all
             the
             power
             that
             Admission
             can
             ,
             as
             We
             see
             in
             the
             Emperour
             ,
             King
             of
             Poland
             ,
             and
             others
             ,
             who
             can
             receive
             no
             more
             Power
             after
             they
             are
             Elected
             ,
             and
             delay
             their
             Coronation
             and
             other
             ceremonies
             for
             their
             own
             conveniencies
             ;
             And
             the
             case
             of
             Bishops
             and
             inferiour
             Magistrates
             ,
             who
             are
             oft-times
             to
             receive
             some
             further
             power
             beyond
             their
             Election
             ;
             and
             so
             ,
             their
             Election
             not
             being
             equivalent
             to
             an
             Admission
             ,
             it
             gives
             not
             the
             same
             Precedency
             that
             the
             other
             can
             :
             and
             therefore
             I
             may
             conclude
             generally
             ,
             that
             Precedency
             followes
             Power
             and
             Administration
             .
          
        
         
           
             QVESTION
             IV.
             Whether
             ought
             One
             who
             has
             been
             twice
             or
             oftner
             Elected
             to
             any
             Dignity
             ,
             be
             Preferred
             to
             him
             who
             was
             onely
             once
             Elected
             ?
          
           
             The
             Roman
             Emperours
             have
             differed
             in
             this
             ,
             for
             the
             Eldest
             and
             the
             Latest
             Emperours
             did
             think
             ,
             that
             such
             repeated
             Elections
             did
             augment
             the
             Dignity
             to
             those
             who
             were
             Elected
             ,
             and
             thus
             
               Valentinian
               novel
            
             .
             48.
             and
             this
             was
             likewise
             Hadrians
             Opinion
             ,
             as
             Spartianus
             Observes
             in
             his
             Life
             :
             But
             Theodosius
             the
             Younger
             thought
             ,
             that
             these
             repeated
             Elections
             did
             shew
             the
             Merit
             of
             him
             who
             was
             Elected
             ,
             but
             did
             not
             augment
             his
             Dignity
             ,
             
               repetiti
               enim
               fasces
               virtutem
               sepe
               meritam
               comprobant
               ,
               non
               augent
               ,
               quia
               nihil
               est
               altius
               Dignitate
               ,
               L.
            
             1.
             
             
               C.
               de
               Consul
               .
               vid.
               Cujac
               .
               ad
               l.
               illam
               ,
            
             and
             with
             this
             last
             agrees
             
               Goth.
               Thes.
            
             28.
             
             With
             Us
             if
             the
             Precedency
             be
             determined
             by
             a
             voice
             ,
             this
             holds
             not
             ,
             as
             if
             one
             should
             be
             Elected
             to
             be
             the
             first
             Alderman
             ,
             and
             another
             to
             be
             a
             second
             Alderman
             ,
             this
             second
             would
             not
             have
             the
             Precedency
             ,
             though
             he
             had
             been
             ofttimes
             formerly
             preferred
             ;
             But
             in
             dubious
             cases
             ,
             certainly
             repeated
             Elections
             do
             prefer
             :
             And
             though
             the
             Imperial
             Dyet
             has
             decided
             Precedency
             upon
             this
             Account
             amongst
             Generals
             of
             an
             Army
             ,
             to
             him
             who
             had
             been
             twice
             formerly
             a
             General
             ,
             though
             the
             other
             had
             been
             first
             a
             General
             ,
             as
             Goldast
             .
             observes
             ;
             Yet
             I
             find
             it
             more
             Reasonable
             ,
             that
             he
             who
             was
             the
             eldest
             General
             ,
             should
             have
             been
             preferred
             :
             For
             that
             is
             the
             mark
             of
             greatest
             Experience
             ,
             and
             the
             not
             being
             frequently
             Elected
             might
             have
             proceeded
             from
             want
             of
             new
             Occasions
             or
             of
             Inclination
             ;
             And
             it
             were
             Absurd
             to
             think
             ,
             that
             if
             One
             had
             been
             an
             old
             General
             ,
             and
             his
             Commission
             had
             continued
             for
             many
             years
             ,
             that
             thereafter
             another
             ,
             though
             thrice
             Elected
             in
             a
             shorter
             time
             ,
             should
             be
             preferred
             to
             him
             .
             With
             Us
             also
             ,
             I
             find
             that
             One
             who
             was
             been
             twice
             or
             ofter
             preferred
             to
             be
             Provost
             or
             Mayor
             ,
             is
             preferred
             to
             him
             who
             has
             been
             onely
             once
             Mayor
             ;
             and
             it
             is
             Reasonable
             that
             they
             both
             living
             in
             one
             place
             ,
             and
             being
             preferred
             by
             those
             of
             the
             same
             City
             ,
             should
             be
             preferred
             in
             Meetings
             relating
             to
             the
             same
             City
             .
          
        
         
           
           
             QVESTION
             V.
             What
             Influence
             has
             the
             Conjunction
             of
             moe
             Dignities
             upon
             Precedency
             ?
          
           
             There
             are
             some
             Lawyers
             who
             think
             ,
             that
             he
             who
             has
             most
             Imployments
             ought
             to
             be
             Preferred
             to
             him
             who
             was
             but
             one
             :
             And
             thus
             they
             say
             ,
             That
             he
             who
             hath
             two
             or
             three
             Dutchies
             ,
             or
             Earldoms
             ,
             ought
             to
             be
             preferred
             to
             him
             who
             hath
             but
             one
             ,
             Even
             as
             two
             or
             three
             Lights
             are
             greater
             then
             one
             ,
             and
             two
             or
             three
             Cords
             are
             stronger
             then
             one
             ;
             And
             for
             this
             they
             cite
             
               L.
               Fin
               Cod.
               de
               edict
               .
               d.
               Adrian
               .
            
             and
             of
             this
             Opinion
             was
             
               Menochius
               ,
               Consil.
            
             902.
             
             And
             for
             this
             cause
             ,
             
               Marz
               .
               Consil.
            
             26.
             thought
             that
             the
             Duke
             of
             Ferrara
             ought
             to
             be
             preferred
             to
             the
             Duke
             of
             Florence
             ;
             And
             
               Navarrus
               Consil.
            
             1.
             thought
             that
             a
             Cardinal
             who
             was
             a
             Chancellour
             ought
             to
             be
             preferred
             to
             an
             elder
             Cardinal
             who
             was
             not
             ;
             And
             that
             a
             Doctor
             of
             the
             Civil
             and
             Canon
             Law
             ,
             ought
             to
             be
             preferred
             to
             a
             meer
             Doctor
             of
             the
             Civil
             Law.
             But
             yet
             Gothofred
             is
             of
             a
             contrary
             Opinion
             ,
             cap.
             3.
             
             Thes.
             2.
             
             And
             in
             Our
             Practice
             the
             greater
             Dignity
             is
             preferred
             to
             many
             lesser
             Dignities
             ,
             yea
             ,
             and
             the
             Elder
             in
             the
             same
             Dignity
             is
             preferred
             to
             him
             who
             was
             last
             Promoted
             to
             the
             same
             Dignity
             ,
             though
             he
             have
             many
             lesser
             Dignities
             joyned
             to
             it
             ;
             But
             betwixt
             two
             Dignities
             that
             are
             different
             ,
             if
             it
             be
             not
             known
             to
             which
             of
             the
             Two
             the
             Precedency
             is
             due
             ,
             the
             conjunction
             of
             the
             lesser
             Dignities
             with
             the
             Dignity
             contraverted
             ought
             to
             prefer
             ;
             Even
             as
             if
             it
             were
             doubted
             ,
             which
             of
             two
             Bodies
             weighed
             most
             ,
             or
             which
             of
             two
             Lights
             shined
             most
             ,
             the
             least
             addition
             to
             either
             would
             certainly
             cast
             the
             Ballance
             and
             alter
             the
             Proportion
             :
             But
             if
             these
             many
             be
             all
             Inferiour
             to
             one
             Imployment
             ,
             they
             ought
             not
             to
             be
             preferred
             ,
             no
             more
             then
             many
             little
             Pearles
             ought
             to
             be
             preferred
             to
             a
             great
             one
             ;
             and
             yet
             if
             it
             be
             doubted
             which
             of
             two
             Pearles
             are
             of
             greatest
             Value
             ,
             the
             addition
             of
             two
             or
             three
             little
             ones
             to
             either
             ,
             will
             raise
             the
             Value
             of
             that
             one
             to
             which
             they
             are
             thrown
             in
             .
          
        
         
           
             QVESTION
             VI.
             How
             far
             do
             former
             Dignities
             Influence
             a
             present
             Advancement
             ,
             and
             Determine
             the
             Precedency
             depending
             thereupon
             ?
             And
             what
             Rank
             is
             due
             to
             Honorary
             and
             Extraordinary
             Offices
             ?
          
           
             Lawyers
             give
             divers
             instances
             of
             this
             ,
             As
             first
             ,
             a
             Judge
             is
             made
             a
             Privy
             Councellour
             ,
             but
             thereafter
             the
             President
             of
             that
             Court
             ,
             where
             he
             is
             a
             Member
             or
             Judge
             ,
             is
             admitted
             to
             be
             a
             Privy
             Councellour
             ;
             in
             that
             case
             though
             the
             other
             was
             first
             admitted
             to
             be
             a
             Privy
             Councellour
             ,
             yet
             the
             President
             ,
             though
             last
             admitted
             ,
             will
             have
             the
             Precedency
             ,
             and
             Vot
             first
             even
             in
             the
             Privy
             Council
             ;
             Because
             it
             is
             indecent
             ,
             that
             a
             Member
             should
             have
             the
             Precedency
             ,
             or
             Vot
             before
             his
             own
             President
             :
             And
             thus
             Papon
             .
             tells
             Us
             ,
             it
             was
             decided
             by
             the
             Parliament
             of
             
               Paris
               ,
               vid.
               lib.
            
             4.
             tit
             .
             2.
             
             Art.
             5.
             which
             is
             not
             unlike
             what
             Vitellius
             sayes
             ,
             
               in
               Tacitus
            
             19.
             
             
               Annal.
               Foedum
               si
               de
               Honoris
               praerogativa
               dimicare
               cum
               ducibus
               audeant
               ,
               sub
               quorum
               
               sig●is
               stipendia
               fecerant
               .
            
             A
             second
             case
             is
             ,
             That
             though
             a
             Honorary
             or
             Extraordinary
             Officer
             will
             not
             be
             preferred
             to
             an
             Officer
             Ordinary
             ,
             Yet
             if
             a
             person
             be
             a
             Honorary
             or
             Extraordinary
             Officer
             ,
             before
             another
             be
             admitted
             to
             be
             an
             Ordinary
             Officer
             ,
             if
             that
             person
             who
             was
             but
             formerly
             an
             Extraordinary
             Officer
             ,
             be
             thereafter
             admitted
             to
             be
             an
             Ordinary
             Officer
             ,
             he
             will
             be
             preferred
             to
             him
             who
             was
             admitted
             before
             him
             ,
             though
             to
             an
             equal
             Degree
             ;
             Because
             ,
             though
             he
             was
             not
             the
             first
             Officer
             in
             Ordinary
             ,
             yet
             he
             is
             now
             equal
             in
             Dignity
             with
             him
             ,
             and
             was
             an
             Extraordinary
             Officer
             before
             him
             :
             as
             for
             instance
             ,
             If
             One
             be
             admitted
             to
             be
             an
             extraordinary
             Physician
             to
             his
             Majesty
             ,
             and
             thereafter
             become
             an
             ordinary
             Physician
             ,
             he
             will
             have
             the
             Precedency
             from
             them
             who
             were
             Admitted
             in
             Ordinary
             before
             him
             ,
             if
             they
             were
             admitted
             to
             be
             Ordinary
             Physicians
             after
             he
             was
             admitted
             to
             be
             Extraordinary
             ;
             Precedency
             being
             to
             be
             taken
             in
             that
             case
             from
             the
             Time
             of
             the
             first
             Advancement
             ,
             L.
             4.
             
             
               Cod.
               de
               Consulibus
            
             :
             But
             though
             this
             be
             Observed
             abroad
             ,
             yet
             I
             doubt
             if
             it
             be
             Observed
             in
             Britain
             .
             A
             third
             case
             is
             this
             ,
             There
             are
             two
             made
             Counsellors
             ,
             but
             he
             who
             is
             last
             Admitted
             a
             Counsellor
             ,
             is
             first
             Nobilitat
             ,
             and
             therefore
             even
             as
             Counsellor
             he
             will
             have
             the
             Precedency
             ,
             though
             the
             other
             was
             made
             the
             first
             Counsellor
             ;
             And
             this
             was
             so
             decided
             by
             the
             Emperour
             
               Theodosius
               ,
               L.
               unica
               Cod.
               Theodos.
               de
               Consulibus
            
             :
             and
             is
             in
             Observance
             with
             Us
             ,
             amongst
             whom
             the
             youngest
             Counsellor
             ,
             being
             made
             an
             Earl
             ,
             is
             preferred
             to
             elder
             Counsellors
             ,
             and
             though
             the
             elder
             Counsellor
             be
             thereafter
             made
             an
             Earl
             ,
             yet
             the
             eldest
             Earl
             will
             always
             be
             preferred
             ;
             Though
             it
             would
             seem
             that
             upon
             the
             first
             Counsellors
             being
             made
             an
             Earl
             ,
             he
             ought
             to
             be
             preferred
             ,
             as
             in
             the
             former
             case
             where
             an
             Extraordinary
             is
             preferred
             ,
             when
             he
             becomes
             to
             be
             in
             equal
             Dignity
             with
             the
             prior
             Ordinary
             Officer
             .
             But
             the
             Reason
             of
             the
             Disparity
             is
             ,
             because
             Earles
             are
             always
             to
             preceed
             according
             to
             their
             Priority
             ,
             but
             Officers
             are
             not
             ,
             An
             Office
             being
             but
             a
             thing
             Temporary
             ,
             and
             there
             being
             no
             Difference
             betwixt
             an
             Ordinary
             and
             Extraordinary
             Officer
             ,
             but
             that
             the
             Ordinary
             has
             a
             Sallary
             ,
             and
             waits
             more
             immediatly
             upon
             the
             King
             ,
             but
             yet
             the
             Extraordinary
             Officer
             was
             truely
             of
             equal
             Dignity
             with
             the
             Ordinary
             .
             These
             Extraordinar
             Officers
             were
             called
             
               Honorarii
               seu
               Codicillares
               ,
               L.
            
             9.
             
             
               C.
               de
               metatis
               quibus
               citra
               cingulum
               Dignitas
               pro
               solo
               Honore
               delata
               est
               ,
            
             they
             had
             no
             advantage
             save
             the
             Dignity
             ,
             Nov.
             70.
             
               nihil
               aliud
               nisi
               purum
               Honorem
               habent
               ,
               L.
            
             7.
             
               de
               Decur
            
             .
             they
             are
             called
             
               inanes
               umbrae
               &
               cassae
               imagines
               dignitatum
               .
            
             I
             have
             heard
             this
             case
             also
             Stated
             with
             relation
             to
             the
             same
             quaere
             ,
             viz.
             By
             the
             Erection
             of
             the
             Town
             of
             Brichen
             ,
             in
             a
             Burgh
             Royal
             the
             Bishop
             of
             Brichen
             is
             first
             to
             Elect
             ,
             and
             then
             the
             Town
             are
             to
             Elect
             their
             Bailies
             :
             From
             which
             the
             question
             arises
             ,
             Whether
             if
             the
             Bishop
             choose
             One
             who
             was
             never
             a
             Bailie
             formerly
             ,
             and
             the
             Town
             choose
             those
             who
             were
             formerly
             Elected
             Bailies
             ,
             should
             the
             Bishops
             Bailie
             preceed
             ?
             It
             being
             pretended
             ,
             that
             though
             he
             is
             to
             have
             the
             first
             Nomination
             ,
             and
             the
             choise
             of
             all
             ,
             yet
             that
             should
             not
             give
             his
             Bailie
             or
             Alderman
             the
             Precedency
             ,
             in
             respect
             that
             by
             the
             constant
             Custom
             observed
             by
             all
             the
             Burrowes
             ,
             when
             many
             are
             Elected
             to
             be
             Aldermen
             or
             Bailies
             at
             once
             ,
             he
             who
             has
             been
             formerly
             a
             Bailie
             preceeds
             always
             him
             who
             was
             never
             .
          
        
         
           
           
             QVESTION
             VII
             .
             Whether
             amongst
             such
             as
             have
             equal
             Dignity
             ,
             the
             first
             in
             time
             ought
             to
             be
             Preferred
             ?
          
           
             It
             is
             Answered
             ,
             That
             Generally
             and
             Regularly
             the
             first
             in
             Time
             ought
             to
             be
             Preferred
             ,
             amongst
             such
             as
             are
             equal
             in
             Dignity
             ;
             Which
             is
             clear
             be
             the
             Civil
             Law
             ,
             not
             onely
             in
             Kingdoms
             ,
             but
             in
             all
             the
             Degrees
             of
             Nobility
             and
             Promotions
             :
             And
             this
             Our
             Reason
             may
             teach
             Us
             without
             Law
             ,
             for
             if
             there
             were
             not
             some
             Certain
             and
             Stated
             Rule
             whereby
             Precedencies
             might
             be
             known
             ,
             it
             were
             impossible
             to
             evite
             Confusion
             ,
             and
             all
             other
             Rules
             except
             this
             are
             uncertain
             ,
             but
             yet
             this
             Rule
             has
             some
             Exceptions
             .
             1
             o.
             Princes
             of
             the
             Blood
             ,
             viz.
             the
             Sons
             ,
             Brothers
             ,
             Grand-sons
             ,
             and
             Nephews
             of
             Kings
             are
             excepted
             from
             this
             Rule
             :
             For
             though
             they
             be
             Dukes
             or
             Earles
             of
             a
             latter
             Creation
             ,
             they
             are
             preferred
             to
             all
             of
             that
             Dignity
             .
             2
             o.
             In
             Germany
             ,
             if
             the
             Chief
             of
             a
             Family
             come
             to
             a
             Dignity
             ,
             equal
             to
             one
             of
             his
             Kinsmen
             who
             formerly
             enjoyed
             that
             Dignity
             ,
             he
             will
             be
             preferred
             to
             him
             ,
             though
             his
             Kinsman
             did
             first
             attain
             to
             the
             Dignity
             ;
             An
             Example
             whereof
             Gothofred
             gives
             cap.
             3.
             
             Thes.
             16.
             this
             Exception
             seems
             to
             be
             founded
             upon
             the
             right
             of
             Blood
             ,
             to
             which
             those
             of
             the
             same
             Family
             seem
             to
             give
             that
             Respect
             as
             to
             an
             elder
             Brother
             ;
             But
             though
             those
             of
             the
             Family
             may
             give
             this
             Respect
             out
             of
             Favour
             ,
             yet
             in
             Law
             they
             are
             not
             thereto
             Oblieged
             ;
             For
             the
             Prince
             being
             the
             Fountain
             of
             Honour
             ,
             he
             onely
             can
             give
             Preference
             ,
             and
             his
             Patent
             may
             prefer
             one
             Cousin
             to
             another
             ,
             since
             he
             can
             bestow
             Employments
             which
             can
             prefer
             a
             Son
             to
             a
             Father
             :
             And
             therefore
             in
             Britain
             ,
             the
             date
             of
             the
             Patent
             is
             onely
             considered
             .
          
        
         
           
             QVESTION
             VIII
             .
             When
             many
             are
             Promoted
             at
             once
             in
             the
             same
             Write
             ,
             or
             when
             many
             are
             Nominate
             tn
             the
             same
             Commission
             ,
             Whether
             is
             the
             Order
             of
             Nameing
             therein
             exprest
             to
             be
             Observed
             ?
          
           
             It
             is
             answered
             ,
             That
             Ordinarly
             he
             who
             is
             first
             named
             ought
             to
             be
             preferred
             ,
             L.
             1.
             
               ff
               .
               de
               Albo
               scrib
               .
               Albericus
               ad
               L.
               inter
               Claras
               C.
               de
               sum
               .
               Trinit
               .
            
             but
             though
             this
             hold
             ,
             where
             the
             Write
             wherein
             many
             persons
             are
             named
             is
             drawn
             upon
             Design
             to
             Prefer
             those
             who
             are
             named
             ,
             because
             ,
             there
             Promotion
             being
             the
             design
             ,
             It
             is
             to
             be
             presumed
             that
             the
             Order
             of
             the
             Promotion
             was
             Observed
             ,
             
               Glossa
               .
               ad
               §
               .
               ult
               .
               Auth.
               de
               Defens
               .
               Civit.
               &
               Clement
               .
            
             1.
             
               de
               Baptismo
            
             ,
             yet
             where
             the
             Write
             had
             any
             other
             design
             ▪
             and
             the
             Nomination
             did
             onely
             proceed
             by
             way
             of
             Narration
             ,
             there
             an
             Argument
             from
             the
             Order
             of
             Nomination
             is
             not
             still
             Concluding
             ;
             especially
             ,
             Considering
             that
             such
             as
             draw
             publick
             Papers
             ▪
             are
             not
             always
             versed
             in
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             
             And
             thus
             I
             have
             my self
             seen
             old
             Charters
             wherein
             the
             Chancellour
             is
             oft-times
             placed
             after
             the
             Lord
             Chamberlain
             ,
             and
             both
             of
             them
             after
             some
             of
             the
             Nobility
             ;
             and
             if
             any
             man
             will
             consider
             Our
             Statutes
             ,
             wherein
             Commissions
             are
             granted
             ,
             they
             will
             find
             this
             Order
             very
             ill
             Observed
             :
             And
             Lawyers
             conclude
             this
             Argument
             very
             weak
             in
             such
             cases
             ,
             
               Everard
               .
               in
               Topicis
               loco
               ab
               ordine
               num
               .
            
             13.
             
             
               Golstad
               .
               lib.
            
             1.
             cap.
             23.
             
             And
             there
             are
             very
             clear
             Examples
             of
             this
             given
             ,
             cap.
             2.
             
               de
               Iudiciis
               ,
               cap.
               Pastoralis
               de
               Concess
               .
               prebend
               .
            
          
           
             But
             yet
             in
             dubious
             cases
             ,
             where
             the
             Person
             injured
             cannot
             otherwise
             prove
             his
             Precedency
             ,
             this
             ought
             to
             bear
             great
             weight
             ,
             especially
             ,
             If
             many
             such
             Papers
             can
             be
             shewed
             of
             one
             tenour
             ;
             And
             if
             the
             Office
             granted
             by
             that
             Commission
             gives
             Precedency
             ,
             above
             what
             the
             persons
             therein
             named
             could
             otherwise
             pretend
             to
             ,
             then
             the
             first
             Nomination
             has
             the
             Precedency
             :
             As
             when
             Ordinar
             Gentlemen
             are
             named
             in
             the
             Commission
             of
             the
             Privy
             Council
             ,
             &c.
             
             I
             find
             also
             by
             the
             old
             Records
             of
             Parliament
             and
             Privy
             Council
             ,
             that
             the
             Members
             of
             Parliament
             and
             Counsellours
             are
             in
             the
             Sederunts
             named
             as
             they
             entered
             into
             that
             particular
             Meetings
             ,
             but
             now
             they
             are
             named
             according
             to
             their
             true
             Precdency
             .
          
        
         
           
             QVESTION
             IX
             .
             In
             what
             cases
             does
             Age
             prefer
             ,
             and
             what
             is
             its
             Prerogative
             in
             the
             matters
             of
             Precedency
             ?
          
           
             The
             Concession
             of
             the
             Prince
             being
             the
             Rule
             of
             Honour
             ,
             he
             who
             has
             the
             first
             Concession
             ought
             to
             be
             preferred
             in
             the
             matter
             of
             publick
             Honour
             ,
             except
             in
             three
             cases
             observed
             by
             
               Gothofred
               .
               cap.
            
             3.
             
             Thes.
             14.
             
             First
             ,
             in
             cases
             dubious
             .
             Secondly
             ,
             where
             the
             pretences
             are
             absolutely
             equal
             ;
             And
             thus
             of
             the
             two
             Roman
             Consuls
             ,
             the
             Eldest
             always
             preceeded
             ,
             as
             Plutarch
             observes
             .
             Thirdly
             ,
             to
             take
             away
             Contraversies
             amongst
             persons
             of
             the
             same
             Family
             ,
             but
             of
             different
             Lines
             .
             It
             is
             observed
             in
             Germany
             and
             other
             places
             ,
             that
             the
             Eldest
             has
             always
             the
             Precedency
             ,
             as
             Golstad
             and
             other
             German
             Authours
             observe
             ;
             And
             this
             last
             holds
             likewise
             with
             Us
             ,
             if
             the
             Precedency
             be
             not
             clear
             ,
             and
             was
             so
             decided
             by
             King
             Iames
             the
             sixth
             ,
             betwixt
             Blair
             of
             that
             ilk
             ,
             and
             Blair
             of
             Balthaiock
             .
          
        
         
           
             QVESTION
             X.
             Whether
             does
             Appearancy
             of
             Blood
             give
             Precedency
             before
             actuall
             Investiture
             and
             Possession
             ?
          
           
             Though
             it
             may
             seem
             ,
             that
             since
             
               Marquisats
               ,
               Earldoms
            
             ,
             &c.
             being
             Feudal
             Honours
             ,
             conferred
             oft-times
             by
             erecting
             Lands
             in
             a
             Marquisat
             or
             Earldom
             ,
             that
             therefore
             till
             the
             apparent
             Heir
             be
             actually
             Invested
             ,
             or
             Infeft
             as
             We
             call
             it
             ,
             he
             ought
             to
             have
             no
             Precedency
             ;
             Yet
             that
             being
             expresly
             ▪
             Debated
             ,
             in
             anno
             1608.
             in
             the
             case
             of
             Frederick
             Duke
             of
             Wirtemberg
             ,
             
             it
             was
             decided
             ,
             that
             the
             very
             right
             of
             Blood
             transmitted
             the
             Precedency
             :
             But
             
               Golstad
               .
               Coment
               .
               de
               Reg.
               Bohem.
               lib.
            
             3.
             cap.
             6.
             is
             of
             opinion
             ,
             That
             though
             this
             may
             hold
             where
             the
             apparent
             Heir
             sought
             to
             be
             Invested
             or
             Infeft
             ,
             and
             his
             not
             being
             Entered
             nor
             Infeft
             was
             not
             his
             Fault
             ;
             Yet
             if
             he
             did
             not
             seek
             to
             enter
             ,
             he
             ought
             not
             to
             have
             the
             Precedency
             :
             With
             Us
             though
             an
             apparent
             Heir
             never
             enter
             ,
             yet
             he
             has
             still
             the
             Precedency
             due
             to
             his
             Predecessor
             .
          
        
         
           
             QVESTION
             XI
             .
             Whether
             does
             the
             apparent
             Heir
             his
             Assuming
             and
             Vsing
             the
             Title
             and
             Precedency
             of
             his
             Predecessor
             ,
             make
             him
             lyable
             to
             his
             Predecessors
             debts
             ,
             and
             Infer
             a
             Passive
             Title
             against
             him
             ,
             as
             We
             speak
             ?
          
           
             To
             this
             it
             is
             answered
             ,
             That
             it
             makes
             him
             not
             Lyable
             ,
             in
             payment
             according
             to
             the
             present
             Curent
             of
             Our
             Decisions
             ,
             because
             Honour
             descends
             from
             the
             King
             ,
             and
             is
             not
             any
             lucrative
             Accession
             ,
             out
             of
             which
             Debt
             may
             be
             payed
             ,
             and
             no
             man
             should
             be
             made
             lyable
             to
             Debts
             for
             enjoying
             that
             which
             cannot
             pay
             Debts
             :
             Nor
             does
             the
             Son
             possess
             this
             Title
             by
             his
             Father
             ,
             but
             by
             his
             Family
             ;
             And
             Lawyers
             have
             resolved
             that
             
               Filius
               retinet
               Nobilitatem
               etiam
               repudiata
               haereditate
               ,
               Bart.
               in
               L.
               Iurisjur
               .
            
             §
             1.
             
               ff
               .
               de
               Oper.
               lib.
               Iac.
               &
               in
               L.
               si
               non
               sortem
               ff
               .
               de
               condict
               .
               in
               debit
               .
            
             But
             yet
             this
             decision
             may
             seem
             unsuteable
             to
             the
             Analogy
             and
             Principles
             of
             Law
             ,
             For
             1
             o.
             Since
             Honour
             is
             by
             the
             first
             Patent
             and
             Erection
             granted
             to
             a
             man
             and
             his
             Heirs
             ,
             It
             seems
             Just
             and
             Legal
             that
             none
             can
             enjoy
             the
             same
             ,
             but
             such
             as
             are
             Heirs
             ;
             so
             that
             this
             seems
             to
             be
             a
             qualified
             Right
             granted
             by
             the
             King
             ,
             and
             consequently
             ,
             can
             be
             enjoyed
             by
             none
             but
             such
             as
             Purge
             and
             Purifie
             the
             qualities
             and
             are
             Heirs
             .
             2
             o.
             We
             see
             that
             in
             other
             Rights
             granted
             to
             a
             man
             and
             his
             Heirs
             ,
             no
             Successor
             can
             have
             Right
             without
             being
             Heir
             ,
             and
             since
             this
             holds
             in
             Accessions
             of
             the
             meanest
             Nature
             ,
             Why
             should
             it
             not
             much
             rather
             hold
             in
             Titles
             and
             Dignities
             which
             are
             things
             of
             great
             importance
             ?
             3
             o.
             We
             have
             no
             way
             nor
             method
             to
             know
             who
             is
             Heir
             ,
             but
             by
             an
             Inquest
             ,
             after
             which
             he
             who
             is
             served
             Heir
             is
             lyable
             to
             all
             Debts
             ,
             and
             if
             he
             who
             is
             to
             use
             the
             Title
             ,
             needs
             not
             be
             found
             Heir
             by
             an
             Inquest
             ,
             any
             man
             may
             use
             the
             Title
             of
             a
             Deceist
             Peer
             ,
             and
             if
             two
             contended
             for
             it
             ,
             this
             could
             not
             be
             tryed
             without
             an
             Inquest
             and
             Service
             .
             4
             o.
             The
             making
             men
             lyable
             to
             their
             Predecessors
             Debts
             for
             using
             his
             Title
             ,
             would
             be
             very
             advantagious
             for
             the
             Defuncts
             Creditors
             ,
             and
             it
             is
             the
             Interest
             of
             the
             Common-wealth
             that
             Creditors
             should
             be
             payed
             ;
             nor
             could
             the
             apparent
             Heir
             complain
             ,
             since
             he
             may
             choose
             to
             use
             the
             Title
             or
             not
             as
             he
             pleases
             .
             5
             o.
             It
             were
             advantagious
             to
             the
             Common-wealth
             that
             none
             had
             a
             Title
             ,
             but
             he
             who
             had
             the
             Estate
             which
             was
             given
             out
             with
             it
             ,
             and
             out
             of
             which
             it
             was
             to
             be
             mantained
             ,
             a
             Poor
             Nobility
             being
             a
             great
             burden
             upon
             a
             Common-wealth
             and
             a
             ruine
             to
             it
             :
             And
             I
             find
             that
             the
             Parliament
             of
             England
             did
             Degrade
             
               George
               Nevil
            
             from
             being
             Duke
             of
             Bedford
             ,
             for
             want
             of
             an
             Estate
             suteable
             to
             his
             Dignity
             ,
             which
             Statut.
             17.
             
             Ed.
             4.
             expresses
             the
             inconveniencies
             here
             mentioned
             ,
             which
             are
             greater
             in
             Scotland
             than
             in
             England
             ,
             because
             Our
             Peers
             have
             more
             Interest
             
             in
             laying
             on
             Taxes
             than
             Lords
             in
             England
             have
             .
             6
             o.
             The
             Law
             considers
             not
             in
             other
             cases
             ,
             whether
             the
             thing
             used
             by
             the
             apparent
             Heir
             ,
             may
             be
             advantagious
             to
             him
             ,
             Or
             whether
             he
             may
             pay
             Debt
             with
             it
             ,
             for
             the
             using
             of
             meer
             Ornaments
             ,
             which
             can
             yeeld
             no
             Money
             ,
             Or
             things
             of
             the
             meanest
             advantage
             ,
             do
             make
             him
             lyable
             ,
             yea
             ,
             and
             he
             would
             be
             lyable
             though
             he
             were
             a
             looser
             by
             the
             thing
             he
             used
             ;
             whereas
             not
             onely
             are
             Honours
             and
             Precedency
             things
             of
             great
             Advantage
             ,
             and
             which
             men
             would
             buy
             at
             any
             Rate
             ;
             But
             if
             a
             man
             have
             Liberty
             once
             to
             use
             the
             Title
             of
             his
             Predecessor
             ,
             it
             gives
             him
             a
             great
             Opportunity
             to
             inhance
             his
             Predecessors
             Estate
             by
             indirect
             means
             :
             And
             the
             former
             Arguments
             prove
             onely
             that
             the
             Blood
             interest
             as
             to
             Honour
             is
             transmitted
             without
             a
             Service
             ,
             but
             not
             that
             the
             Feudal
             Title
             of
             Earl
             can
             be
             so
             transmitted
             .
          
        
         
           
             QVESTION
             XII
             .
             Whether
             does
             the
             Appearancy
             of
             Blood
             give
             Precedency
             ,
             where
             the
             Predecessor
             is
             not
             Dead
             ?
          
           
             This
             is
             called
             by
             the
             Doctours
             ,
             
               Spes
               &
               expectantia
               successionis
            
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             and
             upon
             this
             account
             it
             is
             Debated
             ,
             Whether
             the
             Son
             of
             a
             King
             ought
             to
             be
             preferred
             to
             his
             Brother
             and
             all
             the
             Peers
             ?
             And
             generally
             ,
             whether
             the
             Nephew
             ought
             to
             be
             preferred
             to
             the
             Uncle
             who
             was
             his
             Fathers
             second
             Brother
             ?
             And
             I
             find
             it
             Recorded
             that
             Lycurgus
             did
             decide
             for
             himself
             against
             his
             Nephew
             ,
             being
             the
             Son
             of
             his
             eldest
             Brother
             :
             But
             I
             would
             distinguish
             here
             thus
             ,
             First
             in
             the
             Families
             of
             Kings
             and
             Princes
             ,
             all
             the
             Kings
             Children
             are
             preferred
             to
             the
             Kings
             Brothers
             ,
             and
             all
             the
             Kings
             Brothers
             to
             the
             Kings
             Uncles
             ,
             and
             thus
             it
             was
             decided
             in
             France
             by
             Henry
             the
             third
             ,
             
               Rupanus
               pag.
            
             508.
             
             But
             formerly
             the
             Uncles
             were
             preferred
             by
             the
             Constitution
             of
             Philip
             the
             
               Long
               anno
            
             1316.
             
             And
             though
             in
             the
             Roman
             Empire
             before
             
               Alexius
               Comnenius
            
             the
             Emperours
             Son
             was
             still
             preferred
             to
             his
             Uncle
             ;
             Yet
             that
             Emperour
             desiring
             to
             put
             a
             Mark
             of
             Respect
             upon
             his
             own
             elder
             Brother
             ,
             preferred
             him
             to
             his
             Son
             ,
             and
             now
             the
             Sons
             of
             Princes
             are
             so
             farr
             preferred
             ,
             that
             not
             onely
             they
             ,
             but
             all
             the
             Princes
             of
             the
             Blood
             are
             preferred
             to
             all
             other
             Peers
             ,
             though
             they
             be
             last
             Created
             ,
             as
             was
             found
             by
             the
             Parliament
             of
             
               Paris
               ,
               anno
            
             1541.
             betwixt
             the
             Dukes
             of
             Neveres
             and
             Monpensier
             .
             2
             o.
             If
             in
             other
             Families
             the
             Brother
             be
             of
             a
             Dignity
             equal
             to
             his
             elder
             Brother
             ,
             then
             the
             Brother
             will
             be
             preferred
             to
             the
             Nephew
             ;
             as
             if
             the
             Brother
             be
             an
             Earl
             ,
             and
             the
             Nephew
             a
             Lord
             as
             being
             an
             Earles
             Son
             ,
             in
             this
             case
             Expectation
             will
             not
             prefer
             the
             Nephew
             ,
             because
             there
             are
             other
             actual
             Degrees
             of
             Preferrence
             .
             3
             o.
             If
             the
             Uncle
             were
             a
             Lord
             by
             Creation
             ,
             and
             the
             Nephew
             a
             Lord
             by
             Birth
             ,
             in
             which
             case
             ,
             if
             the
             Uncle
             was
             a
             Lord
             before
             the
             Nephew
             was
             born
             ,
             the
             Uncle
             ought
             to
             be
             preferred
             as
             first
             in
             Time
             ,
             but
             not
             if
             the
             Nephew
             was
             first
             born
             ,
             and
             thus
             Baldus
             distinguishes
             ,
             
               ad
               L.
               ut
               intestato
               C.
               de
               su
               .
               &
               Leg.
               Hered
               .
            
             4
             o.
             If
             neither
             the
             Nephew
             nor
             Uncle
             have
             any
             special
             Dignity
             ,
             then
             the
             Son
             of
             the
             elder
             Brother
             is
             to
             be
             preferred
             to
             the
             Uncle
             ;
             And
             this
             last
             case
             shews
             ,
             that
             the
             immediate
             hope
             of
             Succession
             ,
             or
             
               jus
               expectantiae
            
             ,
             is
             in
             it self
             a
             ground
             of
             Precedency
             ,
             and
             since
             a
             man
             and
             his
             
             apparent
             Heir
             are
             
               una
               &
               eadem
               Persona
            
             in
             the
             Construction
             of
             Law
             ,
             and
             that
             in
             many
             things
             that
             are
             Disadvantagious
             to
             the
             Son
             ,
             he
             is
             look'd
             upon
             as
             Heir
             apparent
             ,
             in
             the
             same
             way
             as
             if
             his
             Father
             were
             dead
             ;
             it
             is
             therefore
             just
             ,
             that
             as
             he
             has
             the
             Disadvantages
             of
             an
             apparent
             Heir
             ,
             so
             he
             ought
             to
             have
             the
             Advantages
             of
             an
             apparent
             Heir
             :
             And
             thus
             We
             see
             that
             Our
             Statutes
             having
             Declared
             Comprisings
             bought
             in
             by
             the
             apparent
             Heir
             to
             be
             Redeemable
             by
             the
             Defuncts
             Creditors
             ,
             It
             was
             found
             that
             a
             Comprising
             bought
             in
             by
             the
             eldest
             Son
             ,
             even
             whilst
             his
             Father
             lived
             ,
             was
             Redeemable
             from
             him
             and
             that
             he
             was
             an
             apparent
             Heir
             ,
             in
             the
             construction
             of
             Law
             ;
             And
             therefore
             since
             the
             Law
             puts
             him
             in
             the
             same
             case
             ,
             as
             if
             the
             Father
             were
             Dead
             ,
             he
             ought
             to
             have
             the
             same
             Precedency
             ,
             and
             consequently
             ought
             to
             be
             preferred
             to
             his
             Uncle
             ,
             to
             whom
             he
             would
             certainly
             be
             preferred
             ,
             if
             his
             Father
             were
             dead
             .
             It
             is
             remarkable
             that
             in
             Scotland
             ,
             the
             Uncle
             was
             of
             old
             acknowledged
             to
             be
             King
             during
             not
             only
             the
             Pupillarity
             of
             his
             Pupil
             ;
             but
             during
             the
             Uncles
             own
             Natural
             Life
             ,
             which
             being
             an
             Invasion
             upon
             the
             Natural
             Right
             of
             Our
             Kings
             ,
             was
             abrogated
             under
             Kenith
             the
             third
             .
          
        
         
           
             QVESTION
             XIII
             .
             Whether
             should
             an
             elder
             Brother
             ,
             who
             was
             Born
             before
             the
             Father
             was
             Preferred
             to
             the
             Dignity
             of
             a
             King
             ,
             Marquess
             ,
             Earl
             ,
             &c.
             be
             Preferred
             to
             a
             younger
             Brother
             who
             was
             Born
             after
             his
             Father
             had
             attained
             to
             either
             of
             these
             Dignities
             ?
          
           
             Lawyers
             have
             varied
             very
             much
             in
             this
             Point
             ,
             For
             some
             have
             been
             of
             Opinion
             ,
             that
             those
             that
             are
             born
             before
             the
             Dignity
             was
             attained
             ,
             cannot
             pretend
             to
             the
             Precedency
             due
             to
             the
             Father
             ,
             for
             he
             cannot
             be
             said
             (
             say
             they
             )
             to
             be
             the
             Son
             of
             a
             King
             ,
             or
             Marquess
             ,
             whom
             a
             King
             or
             Marquess
             did
             not
             beget
             ;
             And
             since
             those
             who
             are
             born
             before
             a
             Crime
             is
             committed
             ,
             loose
             not
             their
             Dignity
             by
             the
             Fathers
             committing
             of
             the
             Crime
             ,
             So
             by
             the
             Rule
             of
             Contraries
             ,
             he
             who
             was
             Born
             before
             his
             Father
             was
             Advanced
             to
             a
             Dignity
             ,
             ought
             not
             to
             participat
             of
             that
             Dignity
             :
             This
             they
             found
             likewise
             upon
             express
             Laws
             ,
             
               L.
               si
               Senatus
               Cod.
               de
               Dignitat
               .
               L.
               Imperalis
               Cod.
               de
               Nupt.
            
             and
             thus
             Darius
             was
             preferred
             to
             be
             King
             of
             the
             Persians
             to
             Artabazanes
             .
             Others
             do
             more
             justly
             conclude
             ,
             that
             these
             are
             to
             be
             Preferred
             though
             Born
             before
             the
             Dignity
             was
             obtained
             ;
             For
             ,
             if
             he
             who
             was
             Born
             in
             that
             Condition
             can
             be
             called
             the
             Kings
             Son
             ,
             he
             must
             be
             the
             Kings
             eldest
             Son
             ;
             And
             it
             were
             very
             absurd
             that
             the
             Father
             should
             be
             Noble
             ,
             and
             the
             Son
             not
             ;
             And
             if
             a
             King
             had
             but
             one
             Son
             ,
             he
             could
             not
             be
             King
             if
             this
             were
             allowed
             :
             and
             this
             is
             most
             clear
             
               L.
               Senatoris
               Filium
               ff
               .
               de
               Senat.
            
             where
             it
             is
             said
             ,
             That
             he
             is
             aswell
             to
             be
             called
             the
             Son
             of
             a
             Senator
             ,
             who
             was
             Begot
             before
             the
             Father
             was
             a
             Senator
             ,
             as
             he
             who
             was
             Begot
             after
             ;
             And
             though
             this
             be
             true
             as
             to
             Succession
             ,
             and
             as
             to
             the
             Degree
             of
             Nobility
             in
             general
             ,
             yet
             many
             Lawyers
             are
             of
             Opinion
             ,
             that
             they
             do
             not
             attain
             to
             so
             eminent
             a
             Degree
             of
             Nobility
             ,
             as
             if
             they
             had
             been
             Born
             after
             the
             Father
             attained
             to
             his
             Nobility
             ;
             For
             by
             the
             former
             Law
             ,
             
               si
               Senator
               natus
               ex
               illustri
               ante
               Dignitatem
               adeptam
               ,
               est
               clarissimus
               ;
               solum
               natus
               postea
               ,
               illustris
            
             :
             Others
             there
             are
             who
             say
             ,
             That
             these
             who
             were
             Born
             before
             ,
             may
             succeed
             
             to
             Honours
             which
             descended
             from
             old
             Predecessors
             ,
             but
             those
             which
             were
             acquired
             in
             the
             Fathers
             own
             time
             ,
             should
             onely
             descend
             to
             such
             as
             were
             Born
             after
             these
             Honors
             were
             acquired
             .
             But
             now
             generally
             in
             Europe
             ,
             and
             particularly
             with
             Us
             ,
             even
             those
             who
             were
             Born
             before
             the
             Father
             attained
             to
             any
             Dignity
             ,
             do
             participat
             of
             his
             Dignity
             ,
             as
             if
             they
             had
             been
             born
             after
             the
             same
             was
             acquired
             in
             all
             cases
             .
          
        
         
           
             QVESTION
             XIV
             .
             Whether
             ought
             a
             Son
             who
             is
             in
             publick
             Imployment
             and
             Dignified
             ,
             to
             Preceed
             a
             Father
             who
             is
             not
             ?
          
           
             It
             is
             answered
             ,
             That
             a
             Son
             being
             in
             publick
             Imployment
             ought
             to
             preceed
             a
             Father
             who
             is
             not
             .
             And
             thus
             
               Fabius
               Maximus
            
             commanded
             his
             Father
             ,
             to
             light
             down
             from
             his
             horse
             ,
             when
             he
             was
             to
             meet
             him
             ;
             and
             was
             praised
             for
             mantaining
             the
             Dignity
             of
             the
             Roman
             Empire
             in
             this
             case
             :
             And
             the
             Son
             in
             this
             case
             is
             not
             a
             private
             person
             ,
             but
             Represenrs
             the
             Prince
             or
             Common-wealth
             ,
             who
             are
             to
             be
             preferred
             to
             any
             person
             ;
             and
             therefore
             
               Laurentius
               Celsi
            
             was
             justly
             taxed
             at
             Venice
             ,
             because
             he
             would
             not
             meet
             his
             Son
             when
             he
             was
             newly
             made
             Duke
             of
             Venice
             ,
             least
             by
             being
             discovered
             before
             him
             he
             should
             lessen
             the
             Perogative
             of
             a
             Father
             .
          
           
             But
             it
             may
             be
             doubted
             ,
             Whether
             though
             this
             hold
             in
             Employments
             ,
             it
             ought
             to
             hold
             in
             Titles
             ,
             since
             in
             these
             the
             Son
             Represents
             not
             the
             Common-wealth
             ;
             And
             therefore
             in
             these
             cases
             the
             Laws
             of
             Nature
             ought
             to
             prevail
             above
             the
             Laws
             of
             Honour
             ,
             especially
             ,
             if
             there
             be
             none
             present
             but
             Father
             and
             Son
             ;
             But
             if
             there
             be
             a
             third
             person
             present
             who
             will
             take
             the
             place
             from
             the
             Father
             ,
             but
             not
             from
             the
             Son
             ,
             then
             the
             Son
             must
             preceed
             the
             Father
             ;
             because
             ,
             though
             he
             yeeld
             to
             his
             Father
             ,
             yet
             he
             should
             not
             yeeld
             to
             a
             third
             Party
             :
             And
             it
             is
             a
             general
             Rule
             in
             matters
             of
             Precedency
             ,
             that
             I
             must
             preceed
             you
             ,
             if
             I
             preceed
             him
             who
             preceeds
             you
             ,
             which
             is
             not
             unlike
             that
             Maxime
             used
             in
             other
             parts
             of
             Law
             ,
             
               qui
               vincit
               vincentem
               me
               ,
               vincit
               me
               .
            
          
        
         
           
             QVESTION
             XV.
             Whether
             may
             he
             who
             has
             the
             Survivance
             of
             Imployment
             ,
             challenge
             any
             Precedency
             upon
             that
             Account
             ?
          
           
             To
             this
             it
             is
             answered
             ,
             That
             he
             cannot
             Claim
             any
             Precedency
             :
             For
             ,
             though
             there
             be
             there
             the
             hope
             of
             Succession
             ,
             and
             that
             the
             person
             to
             succeed
             be
             in
             
               actu
               proximo
            
             ,
             and
             that
             likewise
             it
             may
             seem
             that
             he
             is
             advanced
             to
             a
             Dignity
             ,
             and
             so
             ought
             to
             have
             a
             Precedency
             suteable
             to
             it
             ,
             and
             that
             it
             may
             likewise
             seem
             fit
             for
             the
             Interest
             of
             the
             Commonwealth
             ,
             that
             these
             should
             be
             Respected
             and
             Preferred
             who
             are
             marked
             out
             for
             the
             Service
             of
             the
             Common-wealth
             ;
             Yet
             Law
             nor
             Custom
             have
             given
             them
             no
             Precedency
             ,
             for
             since
             they
             have
             actually
             no
             Dignity
             nor
             Power
             ,
             they
             ought
             to
             have
             no
             actual
             Precedency
             :
             And
             thus
             it
             was
             found
             by
             the
             Parliaments
             of
             Paris
             ,
             and
             Tholows
             in
             anno
             1551.
             
             &
             1560.
             that
             these
             who
             had
             Survivances
             were
             
             onely
             to
             be
             preferred
             ,
             according
             to
             the
             dates
             of
             their
             actual
             Admission
             ;
             And
             so
             these
             who
             were
             Admitted
             to
             be
             Councellours
             or
             Judges
             ,
             after
             they
             got
             their
             Survivance
             ,
             ought
             to
             have
             the
             Precedency
             from
             them
             ,
             if
             they
             did
             actually
             administrate
             before
             them
             ,
             
               vid.
               Maynerd
               Notabil
               .
               quest
               .
               cap.
            
             72.
             
             
               Math.
               de
               afflict
               .
               deciss
               .
               Neapolitan
               .
            
             1.
             
          
        
         
           
             QVESTION
             XVI
             .
             Whether
             does
             the
             Daughter
             of
             a
             Lord
             ,
             who
             would
             himself
             have
             been
             an
             Earl
             if
             he
             had
             lived
             ,
             take
             place
             from
             the
             Daughter
             of
             a
             younger
             Earl.
             
          
           
             It
             may
             be
             alleaged
             that
             the
             Daughter
             of
             the
             Lord
             should
             not
             preceed
             ,
             because
             ,
             an
             Earles
             Daughter
             should
             still
             preceed
             a
             Lords
             Daughter
             ,
             and
             this
             Ladies
             Father
             was
             never
             an
             Earl
             ,
             nor
             are
             We
             to
             consider
             futur
             Honours
             in
             the
             matter
             of
             Precedency
             ;
             And
             as
             she
             would
             not
             take
             it
             in
             her
             Fathers
             time
             ,
             so
             neither
             ought
             she
             after
             his
             death
             :
             And
             as
             her
             Father
             himself
             ,
             being
             a
             Lord
             though
             an
             Earles
             Son
             ,
             would
             not
             have
             taken
             place
             from
             the
             younger
             Earl
             ,
             so
             neither
             should
             the
             Lords
             daughter
             from
             the
             Earles
             daughter
             ,
             he
             being
             a
             younger
             Earl
             then
             that
             Lords
             Father
             :
             And
             I
             find
             by
             the
             Heraulds
             Records
             in
             England
             ,
             that
             Sir
             
               Thomas
               Lees
            
             daughter
             got
             a
             Warrand
             from
             the
             King
             ,
             to
             take
             place
             as
             a
             Lords
             Daughter
             ,
             her
             Father
             having
             died
             before
             his
             Father
             the
             Lord
             Lee
             ,
             which
             proves
             that
             she
             could
             not
             have
             taken
             place
             otherwise
             ,
             and
             this
             is
             commonly
             receiv'd
             in
             England
             .
             But
             yet
             it
             may
             be
             Debated
             ,
             That
             the
             Daughter
             of
             that
             Lord
             should
             have
             the
             Precedency
             ,
             since
             her
             Father
             would
             have
             been
             an
             elder
             Earl
             ;
             And
             though
             she
             could
             not
             take
             place
             during
             her
             Grand-fathers
             time
             who
             was
             the
             elder
             Earl
             ,
             yet
             
               per
               jus
               accrescendi
            
             ,
             and
             the
             right
             of
             Representation
             ,
             she
             comes
             after
             her
             Grand-fathers
             death
             ,
             to
             be
             the
             Daughter
             of
             the
             elder
             Earl
             ,
             for
             Honour
             is
             but
             a
             part
             of
             Succession
             ;
             and
             therefore
             as
             she
             might
             have
             right
             to
             her
             Fathers
             Succession
             ,
             if
             she
             have
             not
             Brothers
             ,
             she
             may
             by
             the
             same
             reason
             have
             Right
             to
             the
             Honours
             :
             And
             it
             were
             very
             ridiculous
             to
             Argue
             so
             ,
             as
             that
             her
             elder
             Brother
             (
             if
             she
             had
             any
             )
             might
             take
             place
             as
             an
             Earles
             Grand-child
             ,
             and
             that
             she
             could
             not
             take
             the
             same
             place
             as
             his
             Sister
             ;
             and
             consequently
             ,
             since
             he
             would
             take
             the
             place
             of
             that
             younger
             Earl
             ,
             so
             should
             she
             of
             that
             younger
             Earles
             Sister
             or
             Daughter
             :
             And
             the
             Reason
             why
             she
             comes
             to
             a
             higher
             Degree
             of
             Precedency
             by
             the
             death
             of
             her
             Grand-father
             is
             ,
             because
             by
             the
             right
             of
             Representation
             her
             Fathers
             Family
             comes
             in
             the
             Grand-fathers
             place
             .
             And
             to
             shew
             ,
             that
             this
             Argument
             ,
             viz.
             Your
             Father
             had
             not
             the
             Precedency
             of
             me
             ,
             therefore
             you
             cannot
             have
             it
             of
             my
             Daughter
             ,
             is
             a
             weak
             Argument
             in
             cases
             of
             Representation
             ,
             may
             appear
             from
             this
             ,
             That
             if
             it
             were
             a
             good
             Argument
             ,
             the
             younger
             Earl
             might
             aswell
             say
             to
             that
             Lords
             Son
             ,
             Your
             Father
             never
             took
             the
             place
             of
             me
             ,
             so
             neither
             can
             you
             ;
             And
             though
             it
             may
             be
             Answered
             to
             this
             Argument
             ,
             that
             the
             Disparity
             betwixt
             the
             Brother
             and
             Sister
             lieth
             in
             this
             ,
             That
             the
             Son
             Represents
             the
             Grand-father
             ,
             but
             the
             Daughter
             does
             not
             ;
             Yet
             if
             We
             consider
             it
             nearly
             ,
             even
             this
             Answer
             is
             Fallacious
             :
             For
             though
             the
             Daughter
             Represents
             not
             the
             Grand-father
             ,
             yet
             the
             Fathers
             Family
             Represents
             the
             Grand-fathers
             ,
             and
             so
             participats
             all
             the
             Honours
             of
             the
             Grand-fathers
             
             Family
             by
             that
             Representation
             ;
             And
             as
             the
             elder
             Brother
             becomes
             an
             Earl
             ,
             Because
             ,
             if
             his
             Father
             had
             lived
             he
             had
             been
             an
             Earl
             ,
             so
             she
             ought
             to
             have
             the
             Precedency
             as
             an
             Earles
             Daughter
             ,
             because
             her
             Father
             would
             have
             been
             an
             Earl
             for
             the
             same
             Reason
             .
          
        
         
           
             QVESTION
             XVII
             .
             Whether
             if
             the
             elder
             Brother
             be
             Mad
             or
             Dumb
             ,
             &c.
             does
             the
             second
             Brother
             get
             the
             same
             Precedency
             ,
             as
             if
             his
             Brother
             were
             dead
             ?
          
           
             I
             have
             heard
             this
             case
             much
             Debated
             ,
             some
             Contending
             ,
             That
             such
             as
             were
             Incapable
             of
             succeeding
             ,
             were
             to
             be
             Reput
             as
             dead
             ,
             
               &
               per
               cap.
            
             1.
             
               an
               Mutis
               Surdis
            
             ,
             it
             is
             expresly
             declared
             ,
             that
             such
             as
             are
             born
             Deaf
             or
             Dumb
             ,
             or
             are
             naturally
             Idiots
             shall
             not
             Succeed
             :
             But
             others
             thought
             that
             even
             these
             are
             to
             Succeed
             ,
             but
             have
             onely
             their
             nearest
             Agnats
             given
             them
             for
             Curatours
             ,
             and
             so
             they
             are
             Heirs
             ;
             And
             consequently
             ,
             the
             Precedency
             is
             not
             due
             to
             their
             nearest
             Friends
             during
             their
             Life
             ,
             and
             they
             may
             have
             children
             who
             would
             exclude
             their
             nearest
             Agnats
             .
             I
             find
             some
             Lawyers
             distinguish
             betwixt
             such
             Defects
             as
             are
             Natural
             ,
             and
             follow
             the
             Havers
             from
             their
             Birth
             ,
             and
             these
             Defects
             do
             Exclude
             from
             the
             Succession
             ,
             so
             that
             the
             next
             Heir
             has
             the
             same
             Precedency
             ,
             as
             if
             his
             elder
             were
             dead
             ,
             if
             the
             Succession
             be
             of
             Kingdoms
             ,
             or
             Fews
             that
             have
             a
             Dignity
             annexed
             to
             them
             :
             But
             in
             private
             Rights
             ,
             and
             where
             the
             Defects
             are
             Accidental
             ,
             they
             assert
             that
             the
             Right
             remains
             with
             the
             Heir
             though
             defectuus
             ,
             and
             consequently
             he
             retains
             also
             the
             Precedency
             ,
             
               Tiraquel
               .
               quaest
            
             .
             23.
             
          
        
         
           
             QVESTION
             XVIII
             .
             Which
             of
             two
             or
             moe
             Twins
             ought
             to
             Preceed
             ,
             when
             it
             is
             Contraverted
             which
             of
             them
             was
             first
             Born
             ?
          
           
             We
             have
             a
             remarkable
             instance
             of
             this
             ,
             Gen.
             38.
             where
             the
             Mother
             desired
             the
             Scarlet
             threed
             to
             be
             bound
             about
             his
             wrest
             who
             should
             be
             first
             Born
             ,
             and
             as
             to
             this
             point
             Lawyers
             have
             differed
             very
             much
             ,
             For
             some
             think
             that
             the
             Estate
             ought
             to
             be
             devided
             amongst
             the
             Pretenders
             ,
             if
             it
             be
             divisible
             of
             its
             own
             Nature
             ;
             Or
             if
             it
             be
             indivisible
             the
             Superiour
             may
             prefer
             either
             he
             pleases
             ,
             if
             the
             Succession
             be
             of
             a
             Few
             ;
             Or
             the
             Decision
             may
             be
             referred
             to
             Lot
             in
             privat
             Persons
             ;
             Or
             to
             the
             Vote
             of
             the
             Representatives
             of
             the
             Kingdom
             ,
             if
             the
             Succession
             be
             to
             a
             Monarchy
             .
             Some
             likewise
             are
             for
             the
             Brothers
             possessing
             by
             turns
             and
             alternately
             :
             and
             though
             one
             Witness
             be
             not
             sufficient
             generally
             to
             Establish
             the
             Right
             of
             Succession
             ,
             yet
             if
             any
             one
             Woman
             was
             onely
             present
             ,
             her
             Testimony
             would
             certainly
             prefer
             either
             ,
             necessity
             forming
             it self
             into
             a
             Law
             here
             as
             in
             other
             cases
             ,
             
               vid.
               Tiraquel
               .
               de
               Iur.
               primi
               Gen.
               quaest
               .
            
             17.
             
          
        
         
           
           
             QVESTION
             XIX
             .
             Whether
             do
             Natural
             Children
             Born
             before
             a
             Lawful
             Marriage
             preceed
             ?
             And
             should
             they
             be
             preferred
             to
             the
             Children
             Born
             in
             a
             Lawful
             Marriage
             ,
             if
             they
             be
             Legitimated
             thereafter
             ?
          
           
             This
             case
             did
             exist
             in
             a
             most
             illustruous
             instance
             in
             Scotland
             :
             For
             King
             Robert
             the
             second
             having
             begot
             a
             Son
             upon
             
               Elizabeth
               Mure
            
             ,
             he
             thereafter
             Married
             Eupham
             Daughter
             to
             the
             Earl
             of
             Rosse
             ,
             and
             had
             by
             her
             the
             Earles
             of
             Strathern
             ,
             and
             Athol
             ;
             after
             which
             having
             married
             the
             said
             
               Elizabeth
               Mure
            
             ,
             that
             Marriage
             did
             Legitimate
             her
             Children
             ,
             and
             by
             Act
             of
             Parliament
             her
             Children
             were
             ,
             by
             a
             Recognition
             and
             acknowledgement
             of
             Parliament
             ,
             preferred
             to
             the
             Children
             Born
             in
             the
             Lawful
             Marriage
             .
             The
             Reasons
             pro
             and
             contra
             ,
             urged
             in
             that
             Debate
             at
             that
             time
             are
             now
             unknown
             ;
             But
             the
             Arguments
             which
             might
             have
             been
             urged
             in
             the
             case
             ,
             are
             ,
             1
             o.
             That
             a
             Son
             so
             Legitimated
             would
             seclude
             without
             all
             Contraversie
             all
             Uncles
             ,
             and
             other
             Agnats
             ,
             Therefore
             by
             the
             same
             he
             should
             Seclude
             his
             other
             Brothers
             ,
             §
             
               si
               quis
               autem
               defunctis
               Authent
               .
               quibus
               mod
               .
               nat
               .
               cap
            
             1.
             
               qui
               Filii
               sunt
               legit
            
             .
             2
             o.
             Legitimation
             is
             Retrotracted
             and
             drawn
             back
             to
             the
             time
             of
             the
             Nativity
             ,
             
               cap.
               tanta
               qui
               fil
               .
               sunt
               legit
               .
            
             and
             Legitimation
             puts
             the
             Person
             so
             Legitimated
             in
             the
             same
             Condition
             as
             if
             he
             had
             never
             been
             a
             Bastard
             ,
             
               L.
               si
               quis
               Filio
               §
               pen.
               ff
               .
               de
               injust
               .
               Test.
            
             and
             this
             is
             bestowed
             as
             a
             particular
             Respect
             upon
             Marriage
             and
             its
             Sacred
             Character
             ,
             and
             to
             invite
             men
             to
             make
             Satisfaction
             for
             the
             wrong
             they
             have
             done
             .
             3
             o.
             By
             the
             Roman
             Law
             those
             that
             were
             born
             in
             Captivity
             were
             not
             capable
             of
             Succession
             ,
             but
             how
             soon
             they
             were
             Ransomed
             and
             had
             returned
             ,
             they
             were
             restored
             to
             the
             Right
             of
             primo-genitor
             ,
             and
             preferred
             therein
             to
             those
             who
             were
             thereafter
             born
             at
             Rome
             :
             And
             therefore
             since
             such
             was
             the
             Force
             even
             of
             a
             Civil
             and
             unreasonable
             Fiction
             ,
             much
             more
             ought
             greater
             Force
             to
             be
             allowed
             to
             Legitimation
             ,
             which
             is
             founded
             upon
             so
             Just
             and
             Pious
             Principles
             .
             4
             o.
             Quo-ad
             the
             Right
             of
             Succession
             ,
             the
             time
             of
             the
             Defuncts
             death
             to
             whom
             he
             is
             to
             succeed
             ,
             does
             regulat
             the
             quality
             of
             the
             Succession
             :
             And
             therefore
             since
             the
             Person
             Legitimated
             was
             capable
             of
             Succession
             the
             time
             the
             Defunct
             died
             ,
             and
             was
             then
             likewise
             the
             eldest
             ,
             he
             ought
             to
             Succeed
             as
             eldest
             ,
             whatever
             his
             Condition
             was
             the
             time
             of
             his
             Birth
             ,
             
               L.
               post
               Consanguineos
               §
               proximam
               ff
               .
               de
               suis
               &
               Legit.
               nec
               enim
               prius
               debet
               de
               cujusque
               conditione
               queri
               quam
               haereditas
               vel
               legatum
               ad
               eum
               pertineat
               ,
               L.
               in
               opportet
               .
               ff
               .
               de
               Legat.
            
             2.
             5
             o.
             The
             eldest
             Son
             was
             always
             eldest
             ,
             and
             was
             onely
             hindred
             from
             this
             Right
             of
             primo-genitor
             and
             Precedency
             ,
             by
             the
             Legal
             imperfection
             of
             his
             Birth
             ,
             and
             therefore
             this
             impediment
             being
             removed
             by
             the
             same
             Law
             which
             put
             it
             ,
             his
             Birth-right
             continues
             intire
             .
          
           
             But
             whether
             this
             Priviledge
             should
             be
             granted
             to
             such
             as
             are
             Legitimated
             by
             the
             Prince
             ,
             and
             not
             by
             the
             subsequent
             Marriage
             ,
             may
             be
             doubted
             ?
             And
             I
             incline
             to
             think
             it
             should
             not
             ,
             because
             the
             special
             Reason
             of
             the
             former
             Concession
             depends
             upon
             the
             Favour
             and
             Honour
             of
             Marriage
             ;
             and
             this
             is
             likewise
             clear
             ,
             
               cap.
               &
               quoniam
               Auth.
               quib
               .
               mod
               .
               nat
               .
               vid.
               Imolam
               .
               in
               cap.
               Grand
               .
               de
               sup
               .
               negl
               .
               Praelat
               .
            
             And
             my
             second
             Argument
             is
             That
             
             the
             Prince
             cannot
             by
             any
             deed
             of
             his
             prejudge
             third
             Parties
             ;
             But
             here
             such
             a
             Legitimation
             ,
             would
             prejudge
             the
             Children
             of
             the
             intermediate
             Lawful
             Marriage
             .
          
        
         
           
             QVESTION
             XX.
             Whether
             ought
             the
             Order
             of
             the
             Nomination
             to
             be
             Observed
             in
             Commissions
             ,
             where
             the
             Persons
             are
             Ranked
             otherwayes
             then
             can
             be
             consistent
             with
             the
             Kings
             former
             express
             Grants
             ?
          
           
             An
             instance
             of
             this
             may
             be
             given
             in
             this
             case
             ,
             viz.
             The
             Mayor
             or
             Provost
             of
             a
             City
             being
             Patron
             of
             a
             Colledge
             within
             their
             own
             Town
             ,
             His
             Majesty
             grants
             a
             Commission
             for
             visiting
             that
             Colledge
             ,
             wherein
             he
             names
             first
             the
             Bishop
             ,
             then
             the
             Mayor
             ,
             &c.
             
             The
             question
             may
             be
             moved
             whether
             the
             Bishop
             ought
             to
             preceed
             ,
             because
             he
             is
             first
             named
             ;
             or
             the
             Mayor
             because
             he
             has
             most
             interest
             ,
             being
             Patron
             ,
             Who
             may
             likewise
             alledge
             ,
             that
             the
             Bishops
             Nomination
             proceeded
             onely
             from
             the
             Ordinary
             Custom
             of
             naming
             Ecclesiasticks
             first
             .
          
           
             As
             also
             ,
             If
             in
             a
             Commission
             of
             Justiciary
             ,
             three
             Lords
             of
             the
             Session
             being
             named
             ,
             and
             the
             youngest
             of
             the
             three
             being
             first
             named
             in
             the
             Commission
             ,
             It
             may
             be
             doubted
             ,
             whether
             the
             Seniority
             formerly
             acquired
             in
             the
             Session
             ought
             to
             be
             Observed
             ,
             and
             give
             Precedency
             in
             Sitting
             and
             Voting
             ;
             or
             if
             they
             ought
             to
             Sit
             and
             Vote
             ,
             according
             as
             they
             are
             named
             in
             the
             Commission
             :
             And
             it
             may
             be
             alledged
             that
             the
             Seniority
             in
             the
             Session
             ought
             to
             be
             Respected
             ,
             there
             being
             a
             right
             of
             Precedency
             thereby
             acquired
             ,
             which
             cannot
             be
             prejudged
             by
             a
             Nomination
             ,
             which
             might
             have
             proceeded
             upon
             mistake
             ;
             since
             it
             is
             not
             to
             be
             presumed
             that
             His
             Majesty
             would
             Degrade
             any
             whom
             He
             continued
             otherwise
             in
             so
             eminent
             a
             Dignity
             :
             And
             as
             if
             two
             Brothers
             were
             named
             in
             a
             Commission
             ,
             the
             elder
             would
             sit
             and
             vote
             first
             ,
             though
             the
             younger
             were
             first
             named
             ,
             that
             inversion
             being
             presumed
             to
             proceed
             from
             Errour
             ;
             so
             ought
             the
             same
             to
             be
             observed
             amongst
             Judges
             who
             are
             in
             effect
             Brothers
             .
             Some
             likewise
             use
             to
             Argue
             in
             such
             cases
             from
             the
             reiterated
             Order
             of
             Nomination
             ,
             and
             think
             that
             if
             the
             Persons
             Commissionated
             be
             oft
             named
             after
             the
             same
             Order
             ,
             that
             the
             Order
             of
             Nomination
             in
             that
             case
             is
             presumed
             to
             have
             proceeded
             from
             an
             express
             Design
             of
             giving
             Preferrence
             ,
             and
             this
             they
             call
             
               argumentum
               a
               geminatione
               actuum
            
             ;
             But
             in
             my
             judgement
             it
             is
             no
             infallible
             Argument
             ,
             for
             these
             Repetitions
             proceed
             in
             course
             .
          
        
         
           
             QVESTION
             XXI
             .
             In
             the
             Competition
             betwixt
             two
             who
             are
             Advanced
             at
             the
             same
             time
             ,
             but
             in
             different
             Writes
             ,
             As
             if
             two
             Patents
             were
             subscribed
             by
             His
             Majesty
             to
             two
             several
             Earles
             on
             the
             same
             day
             ,
             which
             of
             the
             two
             were
             to
             be
             preferred
             ?
          
           
             In
             answer
             to
             this
             ,
             It
             is
             generally
             concluded
             ,
             that
             though
             both
             be
             granted
             on
             the
             same
             day
             ,
             and
             in
             the
             same
             hour
             ,
             the
             Priority
             of
             His
             Majesties
             
             Subscription
             would
             prefer
             him
             in
             whose
             Favours
             His
             Majesty
             did
             first
             superscrib
             ;
             which
             may
             be
             cleared
             by
             His
             Majesties
             own
             Declaration
             ,
             for
             he
             being
             the
             fountain
             of
             Honour
             ,
             he
             is
             the
             onely
             fit
             Judge
             in
             all
             Contraversies
             concerning
             it
             ,
             or
             if
             his
             Majesty
             do
             not
             remember
             ,
             the
             Declaration
             of
             His
             Secretary
             is
             undoubtedly
             to
             be
             believed
             ,
             
               nam
               in
               his
               quae
               attingunt
               off●ium
               ,
               officium
               gerentibus
               est
               credendum
            
             ;
             But
             if
             both
             His
             Majesty
             ,
             and
             His
             Secretary
             were
             dead
             ,
             some
             think
             that
             there
             were
             place
             left
             for
             the
             succeeding
             King
             to
             gratifie
             either
             ,
             since
             the
             compleating
             of
             Rights
             depends
             absolutely
             upon
             him
             ,
             who
             is
             the
             first
             Granter
             :
             And
             by
             the
             Feudal
             Law
             ,
             and
             Ours
             ,
             if
             Resignation
             be
             made
             at
             the
             same
             time
             in
             the
             Superiours
             hands
             ,
             in
             favours
             of
             several
             Persons
             at
             the
             same
             time
             ,
             
               locus
               est
               gratificationi
            
             ,
             as
             Craig
             also
             tells
             Us
             ,
             and
             he
             may
             prefer
             either
             as
             he
             pleases
             .
          
           
             Some
             contend
             that
             where
             several
             Patents
             are
             granted
             in
             the
             same
             day
             ,
             the
             King
             may
             prefer
             either
             ,
             though
             it
             be
             known
             which
             of
             the
             two
             Patents
             were
             first
             signed
             and
             superscribed
             :
             For
             in
             Law
             ,
             where
             the
             difference
             of
             time
             is
             so
             little
             ,
             the
             Law
             looks
             upon
             it
             as
             no
             Difference
             at
             all
             ,
             
               nam
               de
               minimis
               non
               curat
               praetor
               ,
            
             and
             Albericus
             who
             has
             write
             a
             Treatise
             
               de
               minimis
            
             ,
             is
             of
             this
             Opinion
             ,
             and
             We
             see
             that
             the
             Law
             in
             other
             cases
             brings
             in
             equally
             such
             as
             approach
             so
             near
             one
             another
             in
             time
             ,
             nor
             can
             the
             King
             be
             said
             to
             be
             
               functus
               officio
            
             ,
             and
             to
             have
             denuded
             himself
             of
             the
             power
             of
             Preference
             ,
             where
             the
             right
             of
             Preference
             is
             so
             small
             ;
             as
             when
             the
             King
             superscribes
             both
             the
             Patents
             at
             the
             same
             time
             ,
             as
             that
             he
             does
             not
             intermix
             any
             other
             business
             ,
             
               nec
               divertit
               ad
               alium
               actum
            
             ,
             there
             indeed
             it
             seems
             that
             neither
             can
             claim
             Preference
             by
             the
             Priority
             of
             Signing
             ,
             since
             it
             appears
             His
             Majesty
             had
             no
             design
             of
             Preferring
             the
             one
             to
             the
             other
             ,
             and
             papers
             are
             ordinarly
             presented
             to
             him
             by
             accident
             ,
             as
             they
             fall
             in
             course
             .
             It
             may
             then
             be
             alledged
             ,
             that
             in
             such
             dubious
             cases
             ,
             where
             Preference
             cannot
             be
             known
             from
             the
             superscription
             of
             the
             Patents
             ,
             and
             where
             His
             Majesty
             does
             not
             Declare
             the
             Preference
             by
             any
             posterior
             Act
             ,
             but
             leaves
             both
             Parties
             to
             the
             Common
             Law
             ,
             that
             there
             he
             who
             had
             the
             Precedency
             before
             these
             Patents
             ought
             to
             be
             continued
             in
             the
             Preference
             ,
             since
             in
             all
             dubious
             cases
             the
             Law
             still
             prefers
             the
             Possessor
             ,
             
               &
               semper
               in
               casu
               dubio
               pro
               possessore
               respondendum
            
             ;
             Nor
             can
             it
             be
             imagined
             that
             His
             Majesty
             designed
             to
             Degrade
             a
             person
             whom
             He
             hath
             actually
             Preferred
             ;
             But
             so
             it
             is
             ,
             that
             to
             postpone
             a
             man
             to
             him
             to
             whom
             he
             was
             formerly
             preferred
             ,
             is
             somewhat
             to
             Degrade
             him
             :
             And
             since
             Accumulation
             and
             Conjunction
             of
             Titles
             has
             very
             many
             effects
             in
             the
             case
             of
             Preference
             ,
             the
             least
             effect
             it
             can
             have
             ,
             is
             to
             prefer
             the
             Haver
             in
             such
             a
             dubious
             case
             .
          
           
             I
             likewise
             conceive
             ,
             That
             if
             two
             Patents
             were
             given
             at
             the
             same
             time
             ,
             One
             to
             a
             Person
             who
             had
             served
             His
             Majesty
             ,
             and
             much
             more
             to
             an
             actual
             Domestick
             ,
             and
             the
             other
             to
             a
             Person
             who
             had
             not
             served
             ,
             nor
             were
             no
             Domestick
             ,
             that
             in
             these
             cases
             he
             who
             had
             served
             ,
             or
             were
             a
             Domestick
             would
             be
             preferred
             ,
             because
             of
             the
             presumed
             affection
             of
             the
             Prince
             ,
             and
             the
             former
             Service
             of
             the
             Receiver
             .
          
        
         
           
           
             QVESTION
             XXII
             .
             Whether
             is
             Precedency
             to
             be
             Ruled
             according
             to
             the
             date
             of
             the
             Provision
             ,
             Investiture
             ,
             or
             actual
             Possession
             ?
          
           
             There
             are
             three
             several
             times
             from
             which
             ordinarly
             Precedency
             is
             computed
             ,
             The
             first
             is
             the
             time
             when
             the
             Honour
             is
             first
             granted
             ,
             which
             is
             called
             by
             Lawyers
             
               tempus
               provisionis
            
             ,
             If
             the
             Advancement
             be
             of
             one
             single
             Person
             to
             a
             single
             Dignity
             ;
             or
             
               tempus
               Cooptationis
            
             ,
             if
             the
             Person
             Advanced
             be
             associated
             into
             any
             Society
             ,
             as
             to
             be
             One
             of
             moe
             Judges
             ,
             &c.
             
             The
             second
             period
             of
             Time
             ,
             is
             the
             time
             of
             the
             Investiture
             ,
             as
             when
             a
             Nobleman
             is
             brought
             in
             in
             his
             Robs
             .
             The
             third
             is
             ,
             the
             time
             when
             he
             apprehends
             actual
             Possession
             .
          
           
             These
             who
             write
             upon
             this
             Subject
             do
             conclude
             ,
             That
             Precedency
             is
             to
             be
             given
             not
             from
             the
             time
             of
             Promotion
             or
             Provision
             ,
             but
             from
             the
             entry
             to
             Possession
             ,
             so
             that
             he
             who
             is
             last
             Provided
             or
             Dignified
             will
             have
             Precedency
             ,
             if
             he
             first
             actually
             apprehended
             possession
             ,
             
               Bald.
               in
               cap.
               cum
               olim
               .
               de
               consuetud
               .
               Gothofred
               .
               de
               Preced
               .
               cap.
            
             3.
             num
             .
             18.
             and
             thus
             he
             observes
             the
             Courts
             of
             
               Rome
               ,
               Paris
            
             and
             Tholows
             to
             have
             decided
             ,
             and
             for
             this
             he
             cites
             
               l.
               ult
               .
               ff
               .
               de
               Excusat
               .
               Tutor
               .
               l.
            
             1.
             
             
               Cod.
               Theod.
               quis
               in
               Grad
               .
               Prefer
               .
            
             and
             since
             Administration
             is
             the
             end
             of
             that
             Advancement
             ,
             the
             Act
             is
             not
             Compleat
             till
             then
             .
          
           
             Though
             this
             hold
             in
             Honours
             which
             require
             Administration
             ,
             such
             as
             the
             being
             in
             a
             Judicatory
             ,
             &c.
             
             Yet
             it
             holds
             not
             in
             Honours
             where
             no
             Administration
             is
             requisit
             ,
             And
             thus
             ,
             if
             two
             be
             Advanced
             to
             be
             Earles
             ,
             he
             whose
             Patent
             is
             first
             past
             the
             Kings
             hand
             will
             have
             the
             Precedency
             ,
             though
             the
             other
             serve
             in
             the
             first
             Parliament
             ,
             or
             be
             present
             there
             a
             day
             before
             the
             other
             ,
             or
             have
             his
             Patent
             first
             Registrat
             ;
             for
             it
             is
             the
             King
             ,
             and
             not
             his
             Clerk
             ,
             that
             makes
             Noble
             ,
             but
             yet
             this
             is
             Debated
             by
             
               La
               Rocque
               ,
               cap.
            
             66.
             
             Lawyers
             likewise
             Observe
             that
             the
             former
             Rule
             ,
             preferring
             him
             who
             has
             first
             Served
             to
             him
             who
             was
             first
             Provided
             or
             Invested
             ,
             holds
             good
             ,
             though
             he
             who
             was
             first
             Provided
             or
             Invested
             was
             not
             
               in
               mora
            
             ,
             and
             did
             not
             delay
             to
             take
             Possession
             ,
             but
             was
             hindred
             by
             some
             extrinsick
             Impediment
             ,
             such
             as
             Sicknes
             ;
             And
             this
             they
             say
             was
             decided
             the
             27
             of
             April
             ,
             1594.
             
               in
               Rota
               Romana
            
             ,
             and
             this
             is
             observed
             to
             be
             the
             common
             Opinion
             by
             
               Gonzales
               ad
               regulam
            
             8.
             
             Cancel
             .
             and
             this
             they
             prove
             by
             the
             Analogy
             of
             other
             Feudal
             Rights
             ,
             which
             being
             to
             be
             compleated
             by
             Possession
             ,
             the
             Law
             considers
             not
             whether
             the
             Party
             who
             should
             have
             possest
             was
             hindred
             from
             attaining
             to
             Possession
             ,
             but
             who
             first
             attained
             to
             Possession
             .
          
        
         
           
             QVESTION
             XXIII
             .
             Whether
             does
             the
             Dignity
             of
             him
             who
             bestows
             the
             Honour
             ,
             Regulate
             the
             Precedency
             that
             is
             bestowed
             among
             Equals
             ?
          
           
             It
             is
             answered
             ,
             That
             it
             does
             ,
             all
             other
             things
             being
             Equal
             ;
             and
             thus
             
             those
             who
             have
             the
             same
             Dignity
             from
             a
             King
             ,
             as
             for
             instance
             ,
             Those
             who
             are
             made
             Knights
             by
             a
             King
             are
             preferred
             to
             those
             who
             are
             made
             Knights
             by
             a
             Common-wealth
             ;
             And
             amongst
             Common-wealths
             ,
             those
             who
             are
             made
             Noble
             by
             the
             greater
             Common-wealth
             are
             preferred
             ,
             to
             those
             of
             the
             same
             Degree
             made
             Noble
             by
             a
             lesser
             Common-wealth
             ,
             
               Gloss.
               ad
               L.
            
             2.
             
               de
               Alb.
               scribend
               .
               Menoch
               .
               Consil.
            
             126.
             
             
               Lauderus
               de
               Dignitat
               .
               Conclus
            
             .
             32.
             and
             this
             holds
             so
             farr
             ,
             that
             the
             youngest
             Knight
             admitted
             by
             the
             one
             is
             preferred
             to
             the
             eldest
             admitted
             by
             the
             other
             :
             But
             Knights
             admitted
             by
             a
             Commissioner
             ,
             are
             not
             upon
             this
             account
             to
             be
             postpon'd
             to
             those
             made
             by
             the
             King
             himself
             ,
             since
             they
             are
             in
             the
             Construction
             of
             Law
             admitted
             by
             the
             same
             Dignity
             ,
             
               &
               qui
               facit
               per
               alium
               ,
               facit
               per
               se.
               
            
          
           
             It
             is
             very
             observable
             ,
             that
             the
             French
             King
             prefers
             the
             Dukes
             made
             by
             the
             Emperour
             ,
             not
             onely
             to
             the
             Dukes
             made
             by
             himself
             ,
             but
             even
             to
             the
             Ambassadours
             of
             Forreign
             Kings
             ;
             though
             I
             think
             this
             is
             allowed
             onely
             to
             these
             Dukes
             ,
             who
             are
             Sovereign
             Princes
             .
             By
             this
             rule
             likewise
             it
             is
             ,
             that
             the
             Clerks
             of
             a
             Superiour
             Court
             are
             preferred
             to
             these
             of
             an
             Inferiour
             ,
             since
             they
             derive
             their
             power
             from
             a
             higher
             Jurisdiction
             .
          
        
         
           
             QVESTION
             XXIV
             .
             Whether
             can
             a
             Prince
             Nobilitat
             any
             of
             his
             own
             Subjects
             in
             the
             Territories
             of
             another
             Prince
             ?
          
           
             It
             has
             been
             Argued
             that
             he
             cannot
             ;
             because
             he
             cannot
             bestow
             Honours
             ,
             but
             where
             he
             is
             a
             Prince
             ,
             but
             so
             it
             is
             ,
             that
             he
             is
             not
             a
             Prince
             ,
             at
             least
             hath
             no
             power
             in
             the
             Territories
             of
             another
             Prince
             :
             Which
             Opinion
             seems
             to
             be
             founded
             on
             
               L.
               ult
               .
               ff
               .
               de
               Off.
               praefect
               .
               Vrb.
            
             and
             therefore
             Sigismund
             the
             Emperour
             having
             designed
             at
             Lions
             in
             France
             ,
             to
             Creat
             the
             Earl
             of
             Savoy
             ,
             Duke
             of
             Savoy
             ,
             he
             was
             resisted
             by
             the
             Governour
             of
             Lions
             ,
             till
             the
             French
             King
             should
             be
             advertised
             ;
             And
             Charles
             the
             fifth
             having
             whilst
             he
             was
             Emperour
             ,
             Created
             some
             Lords
             and
             Knights
             in
             France
             ,
             though
             at
             the
             desire
             of
             Francis
             the
             first
             the
             French
             King
             ,
             their
             Creation
             being
             thereafter
             Contraverted
             by
             their
             Peers
             ,
             It
             was
             found
             Illegal
             :
             But
             yet
             I
             incline
             rather
             to
             
             Noldus's
             opinion
             
               de
               Nobilitate
               c.
            
             2.
             who
             thinks
             that
             a
             Prince
             may
             Exercise
             any
             Voluntar
             Jurisdiction
             without
             his
             own
             Dominions
             ,
             especially
             in
             Relation
             to
             his
             own
             Subjects
             ,
             L.
             1.
             
               ff
               .
               de
               Officio
               pro
               Consul
               .
               Bartol
               .
               in
               L.
            
             1.
             
             Col.
             9.
             
             
               La
               Rocque
               triact
               de
               la
               noblesse
               ,
               c.
            
             76.
             and
             if
             they
             should
             attempt
             against
             his
             Life
             ,
             they
             would
             be
             guilty
             of
             Treason
             ,
             though
             the
             attempt
             was
             made
             in
             a
             Forreign
             Nation
             .
             Lawyers
             likewise
             have
             allowed
             to
             Princes
             all
             manner
             of
             Jurisdiction
             ,
             even
             within
             the
             Dominion
             of
             others
             :
             And
             therefore
             I
             much
             admire
             ,
             how
             these
             Honours
             that
             were
             bestowed
             by
             Charles
             the
             fifth
             ,
             could
             have
             been
             thereafter
             contraverted
             ,
             if
             the
             persons
             to
             be
             Dignified
             were
             the
             Emperours
             own
             Subjects
             ;
             but
             I
             believe
             they
             were
             not
             .
          
        
         
           
           
             QVESTION
             XXV
             .
             Whether
             when
             the
             President
             of
             any
             Court
             or
             Incorporation
             is
             absent
             ,
             may
             the
             eldest
             Member
             Convocat
             the
             Incorporation
             ?
             And
             who
             ought
             to
             perce●d
             in
             that
             Case
             ?
          
           
             To
             the
             first
             of
             these
             questions
             it
             is
             answered
             by
             some
             Lawyers
             ,
             That
             the
             President
             being
             absent
             ,
             the
             eldest
             Member
             in
             Dignity
             ,
             may
             by
             his
             own
             Authority
             call
             the
             meeting
             
               Convocare
               Collegium
            
             ,
             as
             they
             call
             it
             ,
             and
             of
             this
             opinion
             are
             
               Hostiensis
               ,
               Panorm
               .
               Bald.
               ad
               cap.
            
             1.
             
               de
               Maior
               &
               Obed
            
             :
             but
             others
             are
             of
             opinion
             that
             the
             Major
             part
             has
             only
             right
             to
             conveen
             the
             rest
             in
             that
             case
             
               Innocent
               .
               ad
               cap.
            
             2.
             
               de
               operi
               .
               nov
               .
               nunc
               .
            
             But
             a
             third
             Sect
             of
             Lawyers
             do
             ,
             for
             agreeing
             the
             former
             opinions
             ,
             assert
             that
             in
             Ecclesiastick
             meetings
             ,
             the
             eldest
             may
             by
             his
             own
             Authority
             call
             the
             rest
             ,
             but
             not
             so
             in
             Laick
             meetings
             ;
             and
             the
             reason
             of
             this
             Distinction
             seems
             to
             be
             ,
             because
             Church-men
             are
             bound
             to
             give
             more
             Obedience
             to
             their
             Seniors
             ,
             and
             there
             is
             less
             fear
             of
             Design
             amongst
             them
             ,
             both
             because
             they
             are
             presumed
             to
             be
             more
             disinterested
             ,
             and
             because
             in
             their
             meetings
             their
             Posterity
             is
             not
             to
             gain
             :
             But
             without
             any
             Distinction
             I
             should
             think
             ,
             that
             the
             eldest
             may
             always
             Convocat
             ,
             for
             there
             may
             be
             hazard
             in
             delay
             ,
             if
             the
             greater
             part
             were
             requisit
             ,
             for
             the
             question
             still
             recurrs
             who
             should
             call
             the
             greater
             part
             ,
             nor
             can
             there
             be
             great
             hazard
             in
             calling
             ,
             for
             the
             onely
             hazard
             is
             the
             packing
             of
             a
             Quorum
             ,
             and
             this
             may
             be
             prevented
             ,
             by
             imposing
             a
             necessity
             upon
             those
             who
             meet
             to
             advertise
             the
             rest
             .
          
           
             To
             the
             second
             question
             it
             is
             answered
             ,
             That
             this
             is
             much
             to
             be
             determined
             by
             Custom
             ,
             and
             Our
             Courts
             in
             Scotland
             suffer
             not
             the
             eldest
             to
             preceed
             ,
             but
             choose
             alwayes
             one
             to
             preceed
             in
             the
             absence
             of
             their
             constant
             President
             ;
             and
             this
             seems
             to
             be
             most
             Reasonable
             ,
             because
             every
             Member
             of
             a
             Court
             is
             not
             ordinarly
             fit
             to
             be
             a
             President
             :
             And
             yet
             there
             are
             some
             Lawyers
             who
             distinguish
             betwixt
             such
             Courts
             ,
             to
             whom
             the
             chief
             Magistrat
             has
             chosen
             no
             constant
             President
             ;
             and
             in
             these
             they
             say
             the
             eldest
             cannot
             preceed
             ,
             though
             they
             say
             he
             ought
             to
             preceed
             in
             these
             Courts
             where
             the
             King
             has
             choos'd
             a
             President
             ,
             for
             as
             in
             these
             the
             members
             cannot
             choose
             a
             constant
             President
             ,
             so
             neither
             can
             they
             choose
             a
             Vice-president
             ,
             since
             
               surrogatum
               subit
               naturam
               surrogati
            
             ,
             whereas
             the
             eldest
             is
             a
             President
             by
             the
             Magistrates
             tacit
             Election
             ,
             since
             he
             has
             that
             Seniority
             from
             the
             King
             ,
             or
             supream
             Magistrate
             ,
             which
             does
             prefer
             him
             to
             be
             President
             :
             and
             we
             see
             that
             amongst
             Souldiers
             ,
             the
             eldest
             Officer
             alwayes
             commands
             ,
             when
             the
             superiour
             Officer
             is
             absent
             .
          
        
         
           
             QVESTION
             XXVI
             .
             Whether
             may
             a
             Peer
             be
             Degraded
             ,
             because
             he
             hath
             not
             an
             Estate
             sufficient
             to
             entertain
             a
             Person
             of
             his
             Quality
             ?
             And
             by
             whom
             may
             he
             be
             Degraded
             ?
          
           
             It
             would
             seem
             that
             a
             Peer
             cannot
             be
             Degraded
             ,
             though
             he
             hath
             not
             a
             suteable
             Estate
             ,
             because
             the
             King
             may
             Nobilitate
             a
             person
             that
             wants
             an
             
             Estate
             ,
             and
             Nobility
             being
             a
             right
             derived
             from
             Blood
             ,
             it
             seems
             to
             have
             no
             Dependance
             upon
             Riches
             ,
             and
             as
             the
             having
             of
             Riches
             gives
             not
             Nobility
             ,
             so
             neither
             should
             the
             want
             of
             them
             take
             it
             away
             ;
             Likewise
             this
             is
             very
             express
             by
             the
             Roman
             Law
             ,
             
               Lege
               humilem
               ,
               Cod.
               de
               Incest
               .
               nupt
               .
            
             where
             it
             is
             said
             ,
             
               humilem
               &
               abjectam
               foeminam
               non
               eam
               esse
               quae
               licet
               pauper
               sit
               ab
               ingenuis
               tamen
               parentibus
               nata
               est
               .
            
             And
             that
             this
             hath
             been
             very
             anciently
             the
             opinion
             of
             the
             World
             ,
             is
             clear
             from
             that
             of
             
               Euripides
               ,
               apud
               Stob.
               serm
            
             .
             86.
             
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
          
           
             But
             I
             find
             that
             Cook
             4.
             
               inst
               .
               folio
            
             355.
             and
             the
             Authour
             of
             
               Ius
               Imaginis
               ,
               pag.
            
             25.
             conclude
             that
             Poverty
             is
             a
             good
             cause
             for
             the
             Degrading
             of
             a
             Peer
             ,
             an
             instance
             whereof
             ,
             they
             give
             in
             
               George
               Nevil
            
             Duke
             of
             Bedford
             ,
             who
             was
             Degraded
             by
             Act
             of
             Parl.
             17.
             
             Edward
             the
             fourth
             ,
             of
             which
             Act
             this
             is
             the
             tenour
             ,
             
               And
               forasmuch
               as
               it
               is
               openly
               known
               ,
               that
               the
               said
            
             George
             
               hath
               not
               ,
               nor
               by
               Inheritance
               may
               have
               any
               livelyhood
               to
               support
               the
               said
               Name
               ,
               Estate
               ,
               and
               Dignity
               ,
               or
               any
               name
               of
               Estate
               ,
               as
               oftentimes
               it
               is
               seen
               ,
               that
               when
               any
               Lord
               is
               called
               to
               high
               Estate
               ,
               and
               have
               not
               livelyhood
               convenient
               to
               support
               the
               same
               Dignity
               ,
               it
               induceth
               great
               Poverty
               ,
               and
               Indigence
               ,
               and
               causeth
               oftentimes
               Extortion
               ,
               Embracery
               ,
               and
               Maintenance
               to
               be
               had
               ,
               to
               the
               great
               trouble
               of
               such
               Countries
               ,
               where
               such
               Estate
               shall
               happen
               to
               be
               inhabited
               ;
               Wherefore
               the
               King
               by
               Advice
               of
               his
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               in
               this
               present
               Parliament
               assembled
               ,
               and
               by
               the
               authority
               of
               the
               same
               ,
               Ordaineth
               ,
               Establisheth
               ,
               and
               Enacteth
               ,
               that
               from
               henceforth
               the
               same
               Erection
               ,
               and
               making
               of
               the
               same
               Duke
               ,
               and
               all
               the
               names
               of
               Dignity
               to
               the
               said
            
             George
             ,
             
               or
               to
            
             John
             Nevil
             
               his
               Father
               ,
               be
               from
               henceforth
               void
               ,
               and
               of
               none
               effect
               ,
            
             &c.
             
          
           
             From
             which
             Act
             three
             things
             may
             be
             well
             observed
             ,
          
           
             First
             ,
             That
             the
             said
             Duke
             had
             not
             any
             Possessions
             to
             support
             his
             Dignity
             ,
             yet
             his
             Dignity
             could
             not
             be
             taken
             away
             from
             him
             without
             an
             Act
             of
             Parliament
             .
          
           
             Secondly
             ,
             The
             inconveniencies
             appear
             ,
             where
             a
             great
             Estate
             or
             Dignity
             ,
             is
             not
             accompanied
             with
             a
             livelyhood
             .
          
           
             Thirdly
             ,
             This
             is
             a
             good
             Cause
             to
             take
             away
             the
             Dignity
             by
             Parliament
             .
          
           
             For
             reconciling
             which
             opinions
             ,
             it
             seems
             indeed
             ,
             that
             though
             a
             person
             who
             is
             noble
             by
             Birth
             should
             fall
             into
             poverty
             ,
             yet
             that
             poverty
             can
             no
             more
             Degrade
             him
             from
             his
             Nobility
             ,
             then
             it
             can
             taint
             his
             Blood
             ;
             but
             though
             it
             cannot
             root
             out
             that
             Noble
             Character
             from
             his
             Blood
             ,
             and
             make
             him
             no
             Gentleman
             ,
             yet
             it
             seems
             a
             good
             reason
             why
             he
             may
             be
             Degraded
             from
             being
             a
             Peer
             of
             the
             Realm
             :
             For
             the
             being
             a
             Peer
             ,
             is
             no
             necessar
             effect
             of
             Blood
             ,
             but
             a
             mark
             of
             the
             Royal
             bounty
             ,
             bestowed
             for
             the
             better
             Government
             and
             Advantage
             of
             the
             Kingdom
             ,
             Earles
             being
             by
             their
             Original
             
               Praepositi
               Comitatus
            
             ,
             or
             Commanders
             of
             the
             County
             ,
             and
             Counties
             or
             Shires
             are
             so
             called
             ,
             because
             they
             are
             the
             Governments
             of
             a
             Count
             or
             Earl
             :
             And
             therefore
             when
             the
             King
             and
             Parliament
             find
             that
             they
             are
             not
             fit
             to
             bear
             this
             quality
             ,
             they
             may
             justly
             take
             away
             that
             Honour
             that
             was
             given
             ,
             nor
             can
             there
             be
             any
             thing
             so
             inconvenient
             ,
             as
             that
             these
             should
             represent
             the
             Kingdom
             in
             its
             greatest
             concerns
             ,
             and
             burden
             it
             with
             with
             Taxes
             ,
             who
             have
             no
             interest
             in
             the
             one
             ,
             nor
             can
             bear
             any
             share
             in
             the
             other
             .
             And
             that
             these
             Feudal
             Dignities
             and
             markes
             of
             Nobility
             may
             be
             taken
             off
             by
             the
             loss
             of
             the
             Fews
             ,
             is
             clear
             by
             
               Bartolus
               in
               L.
               inam
               .
               Cod.
               de
               Dignitatibus
               ,
            
             and
             that
             this
             is
             the
             custome
             of
             Sicily
             is
             clear
             ,
             
               Afflictus
               .
               Col.
               non
               .
               in
            
             6.
             not
             .
          
           
           
             It
             may
             likewise
             seem
             reasonable
             ,
             that
             as
             the
             King
             onely
             can
             bestow
             Nobility
             ,
             so
             that
             it
             should
             be
             onely
             proper
             for
             him
             to
             Degrade
             ;
             And
             since
             he
             may
             Create
             any
             Nobleman
             though
             he
             be
             poor
             ,
             so
             he
             may
             continue
             him
             so
             ,
             notwithstanding
             of
             his
             Poverty
             ,
             specially
             seing
             the
             being
             a
             Peer
             is
             but
             to
             be
             the
             Princes
             Counsellour
             ,
             nor
             can
             any
             judge
             who
             are
             fit
             to
             be
             his
             Counsellours
             ,
             but
             himself
             ;
             nor
             is
             the
             Parliament
             any
             thing
             but
             his
             great
             Council
             :
             But
             since
             this
             Degradation
             is
             a
             kind
             of
             Forfeitur
             ,
             it
             seems
             that
             the
             Parliament
             onely
             can
             be
             Judges
             therein
             ,
             since
             the
             King
             does
             not
             use
             to
             Forfeit
             by
             his
             own
             Authority
             ;
             And
             though
             the
             former
             Arguments
             may
             prove
             that
             a
             Peer
             cannot
             be
             Degraded
             for
             poverty
             ,
             except
             the
             King
             pleases
             ,
             which
             is
             certainly
             true
             ,
             since
             no
             Act
             of
             Parliament
             can
             pass
             without
             his
             Royal
             consent
             ,
             yet
             they
             prove
             not
             that
             the
             King
             may
             Degrade
             a
             Nobleman
             by
             his
             own
             Authority
             ,
             except
             he
             may
             Judge
             all
             cases
             immediately
             by
             himself
             .
          
        
         
           
             QVESTION
             XXVII
             .
             Whether
             is
             a
             Patent
             never
             made
             use
             of
             by
             the
             Father
             ,
             valid
             after
             his
             death
             ?
          
           
             It
             is
             answered
             ,
             That
             though
             the
             Patent
             being
             granted
             to
             such
             a
             man
             therein
             Designed
             seems
             to
             die
             with
             him
             ,
             and
             that
             the
             Father
             dying
             with
             this
             quality
             cannot
             transmit
             it
             to
             his
             Son
             ,
             yet
             it
             is
             certain
             ,
             that
             the
             Patent
             is
             valid
             to
             his
             posterity
             :
             For
             except
             where
             it
             was
             Designed
             to
             be
             personal
             ,
             it
             is
             conceived
             in
             Favours
             of
             a
             man
             and
             his
             Heirs
             ;
             and
             thus
             it
             was
             judged
             in
             the
             cause
             of
             Quesnel
             Advocat
             in
             Rowan
             ,
             4.
             
             May
             1623.
             
               vid.
               La
               Rocque
               cap.
            
             67.
             
          
        
         
           
             QVESTION
             XXVIII
             .
             Whether
             if
             the
             Father
             use
             any
             low
             or
             base
             Trade
             which
             Derogates
             from
             Nobility
             ,
             will
             his
             Children
             and
             Descendents
             loose
             it
             thereby
             ?
          
           
             In
             answering
             to
             this
             case
             ,
             We
             must
             distinguish
             betwixt
             such
             as
             derive
             their
             Nobility
             from
             their
             Fathers
             onely
             ,
             and
             some
             think
             that
             in
             that
             case
             ,
             the
             misbehaviour
             of
             the
             Father
             does
             extinguish
             the
             Nobility
             of
             the
             Race
             ,
             and
             that
             the
             Descendants
             are
             no
             more
             Noble
             ,
             except
             they
             be
             restored
             by
             an
             express
             Gift
             ;
             Or
             otherwise
             the
             Nobility
             of
             the
             Race
             has
             descended
             from
             a
             long
             Series
             of
             Predecessours
             ,
             and
             then
             the
             Fathers
             Deed
             does
             not
             prejudge
             them
             ,
             since
             they
             do
             not
             owe
             their
             Nobility
             to
             him
             ,
             and
             the
             Prince
             having
             Nobilitat
             such
             a
             man
             and
             his
             Posterity
             ,
             they
             owe
             their
             Nobility
             to
             the
             King
             ,
             and
             derive
             it
             from
             him
             equally
             with
             the
             Father
             ,
             which
             Distinction
             I
             find
             in
             the
             Learned
             
               Faber
               .
               Cod.
               L.
            
             9.
             
             T.
             28.
             
             Def.
             1.
             
             But
             it
             seems
             that
             by
             this
             last
             reason
             ,
             Even
             that
             Nobility
             which
             is
             begun
             in
             the
             Father
             cannot
             be
             lost
             by
             his
             fault
             :
             And
             therefore
             some
             Lawyers
             have
             been
             of
             Opinion
             ,
             that
             that
             Nobility
             which
             descends
             by
             immemorial
             possession
             ,
             and
             which
             flows
             not
             from
             a
             particular
             priviledge
             and
             Concession
             ,
             can
             never
             be
             taken
             away
             by
             the
             Fathers
             baseness
             or
             crime
             ,
             
               Warnaesius
               tom
            
             .
             1.
             
               responsorum
               
               de
               Iure
               Pontificio
               Consil.
            
             20.
             num
             .
             7.
             and
             thus
             we
             find
             in
             the
             Roman
             Story
             ,
             that
             
               Marcus
               Emilius
               Scaurus
            
             was
             found
             not
             to
             have
             lost
             his
             Nobility
             by
             his
             Fathers
             becoming
             a
             bearer
             of
             Coals
             ,
             
               Curt.
               conjectur
               .
               jur
               .
               civil
               .
               lib.
            
             2.
             cap.
             20.
             and
             others
             think
             that
             as
             it
             is
             sufficient
             for
             acquiring
             Nobility
             ,
             that
             the
             Grand-father
             and
             Father
             have
             been
             repute
             Noble
             ;
             So
             by
             the
             rule
             of
             Contraries
             ,
             it
             is
             sufficient
             for
             extinguishing
             Nobility
             ,
             that
             the
             Father
             and
             Grand-father
             have
             been
             repute
             Ignoble
             ;
             And
             though
             the
             rights
             of
             Blood
             cannot
             be
             lost
             by
             prescription
             ,
             yet
             Nobility
             may
             be
             lost
             ,
             as
             all
             other
             priviledges
             can
             ,
             by
             not
             exersing
             or
             owning
             it
             time
             out
             of
             mind
             .
          
           
             It
             is
             fit
             to
             know
             ,
             that
             in
             this
             Isle
             not
             onely
             that
             Nobility
             which
             comes
             by
             Succession
             and
             Immemorial
             possession
             ,
             but
             even
             that
             which
             comes
             by
             priviledge
             and
             Concession
             can
             be
             Forfeited
             by
             the
             Fathers
             Crime
             ;
             and
             in
             this
             We
             differ
             from
             Warnesius
             opinion
             ,
             and
             therefore
             the
             Children
             must
             be
             rehabilitat
             and
             restored
             by
             the
             King
             ;
             But
             the
             Fathers
             unworthiness
             in
             exercising
             mean
             shifts
             and
             Trades
             ,
             does
             not
             amongst
             us
             Derogate
             from
             the
             Childrens
             Nobility
             ,
             as
             in
             other
             Nations
             ;
             Nor
             do
             I
             see
             any
             reason
             for
             the
             distinction
             used
             by
             Warnesius
             ,
             for
             all
             Nobility
             must
             be
             acknowledged
             to
             have
             flowed
             originally
             from
             the
             King
             by
             Concession
             ,
             and
             even
             that
             Nobility
             ,
             which
             comes
             by
             priviledge
             ,
             does
             descend
             upon
             the
             Children
             by
             the
             Kings
             grant
             to
             them
             aswell
             as
             the
             Father
             ,
             and
             so
             cannot
             be
             prejudged
             by
             any
             personal
             deed
             of
             his
             ,
             except
             in
             the
             case
             of
             a
             Crime
             against
             the
             King
             ,
             for
             that
             is
             still
             implyed
             in
             the
             Concession
             ,
             and
             it
             is
             not
             just
             that
             the
             Children
             of
             Traitours
             should
             enjoy
             those
             titles
             ,
             and
             that
             Nobility
             which
             might
             be
             useful
             to
             them
             in
             revenging
             their
             unjust
             quarrels
             .
          
        
         
           
             QVESTION
             XXIX
             .
             One
             having
             resigned
             a
             Dignity
             or
             Imployment
             ,
             and
             returning
             thereafter
             thereto
             ,
             whether
             does
             he
             who
             has
             so
             resigned
             return
             to
             his
             former
             Precedency
             ?
          
           
             To
             this
             it
             is
             answered
             ,
             That
             he
             does
             not
             ;
             but
             having
             embraced
             again
             the
             employment
             he
             had
             formerly
             resigned
             ,
             he
             is
             onely
             to
             have
             Precedency
             according
             to
             his
             last
             Reinstalment
             ,
             Langleus
             7.
             
             Semest
             .
             8.
             where
             it
             is
             laid
             down
             as
             a
             rule
             that
             Precedency
             once
             lost
             is
             never
             recovered
             ,
             and
             an
             instance
             of
             this
             is
             given
             
               cap.
               ex
               Insinuatione
            
             26.
             in
             a
             Chanon
             :
             who
             having
             once
             renunced
             his
             Benefice
             ,
             and
             having
             thereafter
             embraced
             it
             ,
             is
             onely
             to
             be
             preferred
             according
             to
             the
             date
             of
             his
             last
             title
             .
          
           
             From
             this
             last
             rule
             ,
             viz.
             that
             a
             Precedency
             once
             lost
             cannot
             be
             recovered
             ,
             
               Gothofred
               .
               de
               Preced
               .
               cap.
            
             6.
             num
             .
             43.
             observes
             these
             Exceptions
             ,
          
           
             First
             ,
             If
             the
             person
             who
             renounced
             his
             Dignity
             was
             preferred
             to
             a
             Higher
             or
             more
             Noble
             ,
             in
             which
             case
             if
             he
             return
             to
             his
             first
             Imployment
             ,
             he
             looses
             not
             the
             Precedency
             due
             to
             it
             ,
             for
             a
             greater
             Dignity
             never
             prejudges
             the
             lesser
             ,
             L.
             3.
             
             
               C.
               de
               Dignitatibus
               Rupanus
               ,
               lib.
            
             7.
             cap.
             27.
             and
             contains
             in
             it
             the
             lesser
             ,
             
               per
               eminentiam
            
             ,
             as
             Lawyers
             speak
             ,
             
               superveniens
               major
               Dignitas
               auget
               non
               minuit
               statum
               ,
            
             except
             the
             two
             Offices
             be
             incompatible
             in
             themselves
             ,
             for
             then
             the
             lesser
             is
             extinguisht
             by
             the
             greater
             ,
             
               L.
               si
               debitoris
               ff
               .
               de
               fidejussor
               .
            
          
           
             The
             second
             exception
             is
             ,
             If
             the
             person
             in
             whose
             favours
             the
             Resignation
             was
             made
             ,
             will
             not
             accept
             ,
             and
             upon
             his
             refusal
             the
             Resigner
             does
             presently
             
             return
             to
             his
             Precedency
             ,
             
               L.
               si
               forte
               ff
               .
               de
               Offic.
               Presid
               .
            
             And
             the
             reason
             is
             ,
             because
             the
             Resignation
             being
             there
             made
             in
             favours
             of
             another
             has
             that
             tacit
             Condition
             in
             it
             ,
             that
             if
             the
             other
             in
             whose
             favours
             it
             was
             made
             accept
             not
             ,
             the
             Resignation
             shall
             be
             null
             ,
             and
             this
             is
             the
             nature
             of
             all
             Resignations
             
               in
               favorem
            
             with
             us
             as
             to
             all
             Fews
             ,
             as
             Craig
             well
             observes
             .
          
           
             The
             third
             Exception
             is
             ,
             If
             he
             who
             made
             the
             Resignation
             do
             presently
             repent
             ,
             for
             in
             that
             case
             likewise
             he
             is
             in
             the
             condition
             ,
             as
             if
             he
             Resigned
             not
             ;
             And
             thus
             the
             Law
             takes
             not
             advantage
             of
             Our
             sudden
             and
             undigested
             thoughts
             ,
             
               Et
               uxor
               quae
               mox
               rediit
               divertisse
               non
               videtur
               .
            
          
           
             The
             fourth
             Exception
             given
             by
             him
             is
             ,
             If
             he
             who
             Resigned
             reserved
             to
             himself
             his
             former
             Precedency
             :
             for
             which
             though
             there
             be
             several
             Roman
             decisions
             ,
             yet
             it
             is
             very
             debateable
             ,
             how
             far
             a
             man
             can
             by
             Protestation
             or
             Paction
             ,
             distinguish
             and
             reserve
             a
             Precedency
             ,
             when
             he
             has
             Resigned
             or
             Disponed
             the
             Imployment
             to
             which
             it
             was
             annexed
             ;
             For
             since
             the
             Precedency
             is
             onely
             due
             upon
             the
             account
             of
             the
             Imployment
             ,
             it
             would
             seem
             that
             he
             who
             has
             Resigned
             the
             Imployment
             ,
             cannot
             retain
             the
             Precedency
             ,
             and
             to
             do
             so
             ,
             were
             to
             retain
             
               accidens
               sine
               subjecto
            
             :
          
        
         
           
             QVESTION
             XXX
             .
             Whether
             may
             a
             Nobleman
             resign
             his
             Honours
             in
             favours
             of
             a
             third
             Party
             ?
             And
             if
             the
             Kings
             Confirmation
             thereupon
             will
             exclude
             the
             nearest
             Agnats
             ,
             who
             would
             else
             have
             succeeded
             by
             their
             right
             of
             Blood
             ?
          
           
             This
             question
             seems
             of
             great
             Importance
             and
             intricacy
             :
             For
             it
             may
             seem
             that
             he
             may
             transfer
             his
             title
             in
             prejudice
             of
             his
             nearest
             Heirs
             ,
             because
             the
             title
             is
             onely
             a
             Fee
             ,
             and
             all
             Fews
             may
             be
             alienated
             ;
             nor
             is
             this
             a
             meer
             right
             of
             Blood
             ,
             but
             a
             priviledge
             bestowed
             by
             the
             King
             ,
             and
             consequently
             may
             be
             transferred
             by
             his
             consent
             :
             Nor
             can
             their
             be
             any
             thing
             more
             for
             the
             interest
             either
             of
             the
             Kingdom
             or
             of
             Noble
             Families
             ,
             than
             that
             when
             the
             nearest
             Heir
             is
             unfit
             to
             succeed
             ,
             wanting
             either
             Means
             or
             Wit
             suitable
             to
             such
             a
             Dignity
             ,
             it
             should
             be
             in
             the
             power
             of
             the
             King
             ,
             and
             the
             Noble
             person
             himself
             to
             choose
             a
             fit
             successor
             .
             Like
             as
             this
             was
             so
             decided
             in
             the
             case
             of
             Robert
             King
             of
             
               Sicily
               ,
               Cl.
               pastoral
               .
               de
               re
               Iud.
            
             And
             many
             Lawyers
             have
             been
             of
             opinion
             ,
             that
             even
             elder
             Brothers
             might
             resign
             their
             right
             of
             Succession
             and
             primo-genitur
             in
             favours
             of
             the
             third
             Brother
             ,
             passing
             by
             the
             second
             ,
             
               vid.
               c.
            
             1.
             §
             
               praeterea
               tit
               .
               quib
               .
               mod
               .
               feud
               .
               amit
               .
               &
               Bald.
               Consil.
            
             389.
             
          
           
             But
             others
             conclude
             ,
             That
             the
             nearest
             by
             Blood
             are
             not
             prejudged
             by
             such
             Resignations
             :
             Because
             this
             is
             a
             right
             flowing
             from
             the
             favour
             of
             Nature
             and
             Law
             ,
             
               Naturae
               &
               Legis
               donum
               quod
               non
               potest
               auferri
               ,
               L.
               si
               arrogater
               ,
               ff
               .
               §
               sed
               an
               ff
               .
               de
               Adopt
               .
            
             nor
             is
             Dignity
             exposable
             to
             sale
             or
             in
             Commerce
             ,
             
               L.
               Iulianus
               ff
               .
               si
               quis
               omiss
               .
            
             Whereas
             if
             such
             Resignations
             or
             transmissions
             were
             sustainable
             ,
             all
             titles
             might
             be
             sold
             ,
             and
             the
             meanest
             Fellow
             if
             Rich
             ,
             might
             by
             the
             favour
             of
             a
             Minister
             ,
             and
             the
             folly
             of
             the
             present
             Possessor
             ,
             exclude
             the
             Noblest
             Race
             :
             And
             by
             the
             Feudal
             Law
             ,
             though
             a
             Vassal
             may
             denude
             himself
             ,
             yet
             he
             cannot
             transmit
             his
             Fee
             in
             favours
             of
             remoter
             Heirs
             to
             the
             prejudice
             of
             the
             nearer
             ,
             
               cap.
               Titius
               tit
               .
               si
               de
               feud
               .
               fuer
               .
               Contravers
               .
            
             this
             case
             is
             not
             decided
             with
             us
             ;
             but
             the
             King
             upon
             a
             
             Resignation
             from
             the
             late
             Earl
             of
             Caithnes
             in
             favours
             of
             Glenurchy
             ,
             confirmed
             the
             title
             in
             his
             favours
             ,
             but
             by
             a
             new
             Patent
             ,
             and
             without
             the
             former
             Precedency
             ,
             and
             discharged
             by
             a
             letter
             the
             next
             Heir
             to
             use
             the
             title
             ,
             till
             the
             matter
             should
             be
             decided
             by
             the
             Judge
             competent
             .
             But
             I
             find
             that
             in
             
               England
               Ed.
            
             2.
             granted
             to
             
               Edmond
               de
               Lincourt
            
             upon
             his
             Petition
             a
             Patent
             under
             the
             great
             Seal
             ,
             impowering
             him
             to
             assign
             his
             Sirname
             ,
             Arms
             ,
             and
             Barony
             :
             But
             the
             Lord
             Hoe
             having
             assigned
             his
             Name
             ,
             Arms
             ,
             and
             Dignity
             without
             the
             Kings
             licence
             ,
             the
             deed
             was
             adjudged
             void
             in
             Parliament
             ;
             From
             which
             the
             Authour
             of
             
               Ius
               imaginis
               ,
               pag.
            
             27.
             concludes
             first
             ,
             That
             the
             title
             of
             Nobility
             may
             be
             assigned
             :
             Secondly
             ,
             That
             it
             cannot
             be
             assigned
             without
             the
             Kings
             licence
             :
             And
             yet
             I
             find
             that
             in
             the
             Viscount
             Purbecks
             case
             ,
             it
             was
             lately
             found
             by
             the
             parliament
             of
             England
             ,
             that
             a
             Nobleman
             could
             not
             levey
             a
             fine
             upon
             his
             Honour
             in
             prejudice
             of
             his
             Heir
             ,
             that
             is
             to
             say
             ,
             That
             a
             Nobleman
             could
             not
             do
             any
             deed
             to
             the
             prejudice
             of
             his
             Honour
             ,
             by
             alienating
             or
             surrendring
             the
             same
             to
             the
             prejudice
             of
             his
             Heir
             ,
             though
             I
             am
             informed
             that
             there
             were
             very
             many
             instances
             adduced
             for
             clearing
             the
             contrare
             opinion
             .
          
        
         
           
             QVESTION
             XXXI
             .
             Whether
             does
             the
             former
             right
             of
             Precedency
             remain
             with
             him
             who
             has
             resigned
             the
             Office
             by
             which
             he
             enjoyed
             the
             Precedency
             ?
          
           
             It
             seems
             that
             the
             Honour
             being
             in
             that
             case
             due
             upon
             the
             account
             of
             the
             Office
             ,
             should
             cease
             with
             its
             cause
             :
             But
             yet
             such
             respect
             is
             given
             by
             the
             Law
             to
             those
             who
             have
             once
             enjoyed
             an
             Office
             ,
             and
             used
             it
             well
             ,
             that
             the
             former
             Dignity
             and
             Precedency
             is
             allowed
             them
             after
             they
             have
             resigned
             the
             Office
             ,
             
               L.
               eam
               Legem
               ff
               .
               de
               excusat
               .
               Illi
               in
               quos
               munera
               nostra
               redundarunt
               ,
               beneficiis
               eorum
               non
               solum
               quamdiu
               militaverunt
               ,
               sed
               etiam
               quamdiu
               vixerint
               ,
               perfruentur
               ,
            
             and
             
               Guid.
               Pap.
            
             relates
             decis
             .
             377.
             that
             it
             was
             so
             decided
             :
             For
             the
             being
             esteemed
             worthy
             to
             possess
             such
             an
             Office
             is
             a
             quality
             inherent
             to
             ,
             and
             inseparable
             from
             the
             person
             so
             advanced
             ,
             and
             in
             most
             cases
             even
             Deprivation
             does
             not
             extinguish
             the
             Precedency
             ,
             because
             the
             order
             still
             remains
             ,
             as
             if
             a
             Bishop
             be
             deposed
             he
             is
             still
             a
             Bishop
             ,
             and
             therefore
             has
             Precedency
             as
             such
             ;
             But
             in
             such
             cases
             as
             the
             deprivation
             destroys
             the
             order
             it self
             ,
             it
             destroys
             also
             in
             that
             case
             the
             Precedency
             ,
             as
             if
             a
             Knight
             were
             degraded
             for
             Cowardliness
             ,
             he
             is
             no
             more
             a
             Knight
             ,
             and
             so
             looses
             the
             Precedency
             annext
             to
             the
             Order
             ,
             L.
             12.
             
               de
               Dignit
               .
               si
               Iudices
               se
               furtis
               &
               sceleribus
               fuerint
               comaculasse
               convicti
               ,
               ablatis
               codocillorum
               insignibus
               &
               honore
               exuti
               inter
               plebeios
               habeantur
               .
            
          
        
         
           
             QVESTION
             XXXII
             .
             If
             a
             person
             do
             not
             of
             himself
             resign
             ,
             but
             be
             called
             from
             his
             Charge
             by
             the
             Prince
             to
             another
             Imployment
             ,
             and
             one
             provided
             to
             his
             place
             ,
             and
             returning
             thereafter
             to
             his
             first
             Dignity
             by
             the
             Princes
             command
             ,
             whether
             does
             he
             get
             Precedency
             according
             to
             his
             first
             or
             last
             instalment
             ?
          
           
           
             I
             find
             this
             to
             have
             been
             agitated
             in
             the
             Parliament
             of
             
               Savoy
               ,
               anno
            
             1590.
             in
             the
             case
             of
             the
             Bishop
             of
             Alby
             ,
             who
             being
             called
             from
             being
             a
             Counsellour
             in
             that
             Parliament
             to
             a
             Bishoprick
             ,
             and
             his
             place
             being
             filled
             by
             another
             ,
             he
             thereafter
             was
             called
             back
             to
             be
             a
             Counsellour
             :
             And
             this
             may
             fall
             out
             with
             us
             in
             many
             cases
             ,
             as
             for
             instance
             ,
             If
             one
             should
             be
             called
             from
             being
             a
             Lord
             of
             the
             Session
             to
             be
             Justice
             General
             ,
             and
             should
             thereafter
             be
             returned
             to
             be
             a
             Lord
             of
             the
             Session
             :
             And
             I
             find
             it
             was
             decided
             in
             Savoy
             ,
             that
             the
             person
             so
             recalled
             ought
             to
             preceed
             according
             to
             his
             first
             instalment
             ;
             but
             the
             reason
             there
             was
             that
             the
             Prince
             had
             expresly
             declared
             at
             his
             Demission
             ,
             that
             if
             he
             returned
             he
             should
             return
             to
             his
             first
             Precedency
             ,
             and
             that
             it
             were
             indecent
             that
             he
             who
             was
             first
             formerly
             in
             that
             Judicature
             ,
             should
             therafter
             sit
             in
             the
             lowest
             place
             ,
             meerly
             because
             he
             was
             once
             called
             away
             to
             a
             higher
             preferment
             :
             And
             in
             my
             opinion
             ,
             If
             the
             Prince
             had
             not
             so
             expresly
             declared
             at
             the
             first
             Demission
             ,
             the
             case
             might
             have
             been
             harder
             ,
             but
             that
             Declaration
             made
             that
             those
             who
             were
             thereafter
             preferred
             ,
             could
             not
             think
             themselves
             prejudged
             by
             this
             new
             readmission
             ,
             since
             their
             instalment
             was
             still
             burdened
             with
             this
             tacit
             quality
             .
             I
             likewise
             think
             ,
             that
             if
             he
             had
             returned
             before
             any
             others
             had
             been
             advanced
             ,
             the
             difficulty
             had
             been
             much
             less
             ,
             since
             there
             no
             third
             party
             was
             prejudged
             of
             a
             right
             acquired
             
               medio
               tempore
            
             ;
             albeit
             it
             might
             be
             alleaged
             that
             by
             his
             Translation
             ,
             the
             other
             Judges
             formerly
             below
             him
             succeeded
             to
             his
             right
             of
             Precedency
             ;
             For
             against
             this
             I
             conceive
             the
             former
             protestation
             could
             have
             easily
             guarded
             ,
             albeit
             that
             protestation
             does
             seem
             
               contraria
               facto
            
             ,
             and
             the
             quality
             adjected
             to
             be
             inconsistent
             with
             the
             nature
             of
             the
             thing
             ,
             where
             the
             place
             was
             filled
             by
             another
             ,
             since
             regularly
             two
             cannot
             preserve
             the
             same
             Rank
             or
             Degree
             ,
             
               Arg.
               L.
               cum
               in
               Testamento
               ff
               .
               de
               haered
               .
               instituend
               .
            
             It
             may
             be
             likewise
             argued
             ,
             that
             though
             this
             quality
             and
             protestation
             was
             admistable
             ,
             where
             the
             party
             so
             called
             away
             was
             called
             to
             a
             higher
             Dignity
             of
             the
             same
             rank
             ,
             that
             there
             the
             lesser
             was
             possest
             by
             possessing
             the
             greater
             ,
             as
             if
             a
             Justice
             General
             should
             be
             called
             back
             to
             be
             a
             Lord
             ;
             Yet
             this
             would
             not
             hold
             ,
             notwithstanding
             of
             the
             former
             protestation
             and
             quality
             ,
             where
             he
             is
             called
             away
             to
             a
             lesser
             imployment
             ,
             or
             where
             he
             is
             called
             to
             an
             imployment
             of
             a
             different
             and
             incompatible
             Nature
             ,
             as
             from
             being
             a
             Judge
             to
             be
             a
             Collonel
             :
             And
             yet
             all
             these
             questions
             seem
             of
             less
             difficulty
             with
             Us
             ,
             where
             the
             Prince
             may
             certainly
             admit
             a
             Judge
             to
             be
             the
             first
             or
             last
             :
             And
             therefore
             amongst
             Us
             these
             questions
             would
             onely
             take
             place
             ,
             where
             the
             person
             formerly
             installed
             was
             called
             away
             or
             preferred
             without
             any
             such
             Declaration
             of
             the
             King
             in
             his
             favours
             .
          
        
         
           
             QVESTION
             XXXIII
             .
             Whether
             does
             he
             who
             is
             suspended
             from
             the
             Exercise
             of
             an
             Office
             ,
             return
             to
             the
             same
             Precedency
             when
             the
             Suspension
             is
             taken
             off
             ?
          
           
             To
             this
             it
             is
             answered
             ,
             He
             does
             :
             For
             though
             a
             Suspension
             may
             seem
             a
             Degradation
             and
             a
             Privation
             of
             the
             former
             Honour
             ,
             and
             all
             Privations
             extinguish
             ,
             
               nec
               datur
               regressus
               a
               privatione
               ad
               habitum
               ,
            
             yet
             ,
             Suspension
             is
             
             in
             Law
             declared
             to
             be
             onely
             a
             temporal
             Interdiction
             from
             the
             Exercise
             ,
             but
             not
             an
             extinction
             or
             Privation
             of
             the
             right
             :
             And
             this
             is
             clearly
             determined
             ,
             L.
             2.
             §
             
               ff
               .
               de
               Decurion
            
             .
             and
             by
             Langlaeus
             7.
             
             Semest
             .
             8.
             
          
        
         
           
             QVESTION
             XXXIV
             .
             Two
             having
             Offices
             ,
             and
             changing
             one
             with
             another
             their
             Imployments
             for
             a
             time
             ,
             whether
             when
             they
             Resume
             their
             former
             Imployments
             ,
             do
             they
             return
             to
             their
             former
             Precedency
             ?
          
           
             It
             is
             answered
             ,
             Where
             two
             did
             exchange
             Imployments
             ,
             and
             thereafter
             returned
             to
             their
             old
             Imployments
             ,
             Lawyers
             are
             of
             opinion
             ,
             that
             in
             that
             case
             they
             return
             to
             their
             former
             Precedency
             ,
             and
             that
             their
             imployments
             are
             not
             looked
             upon
             as
             new
             imployments
             ,
             because
             the
             one
             possest
             still
             by
             the
             other
             ,
             and
             so
             the
             possession
             was
             still
             the
             same
             ,
             as
             if
             it
             had
             been
             by
             themselves
             ,
             
               L'oiseau
               lib.
            
             1.
             cap.
             7.
             
             
               Rupan
               .
               lib.
            
             7.
             cap.
             27.
             but
             though
             this
             may
             hold
             where
             both
             of
             them
             changed
             but
             for
             a
             time
             ,
             since
             there
             indeed
             the
             one
             possest
             by
             the
             other
             ;
             yet
             this
             seems
             harder
             ,
             in
             the
             case
             where
             both
             of
             them
             exchanged
             absolutely
             and
             for
             ever
             :
             For
             there
             ,
             their
             former
             right
             seems
             to
             have
             been
             extinguished
             ,
             and
             the
             Imployments
             to
             be
             new
             as
             to
             both
             .
          
        
         
           
             QVESTION
             XXXV
             .
             Whether
             is
             he
             who
             is
             restored
             by
             the
             Prince
             to
             a
             Dignity
             ,
             from
             which
             he
             was
             Degraded
             ,
             to
             be
             restored
             to
             the
             same
             Precedency
             which
             he
             had
             formerly
             ?
          
           
             To
             which
             it
             is
             answered
             by
             
               Gothofred
               .
               cap.
            
             6.
             
             Thes.
             45.
             
             That
             he
             is
             not
             by
             this
             Restitution
             to
             recover
             his
             former
             Precedency
             from
             which
             he
             was
             Degraded
             ,
             but
             he
             must
             preceed
             by
             vertue
             of
             his
             new
             title
             onely
             :
             But
             I
             should
             rather
             distinguish
             betwixt
             these
             who
             are
             restored
             by
             way
             of
             Justice
             ,
             in
             which
             case
             the
             Precedency
             ought
             to
             be
             the
             same
             ,
             because
             the
             Restitution
             be
             way
             of
             Justice
             takes
             away
             the
             Impediment
             and
             Degradation
             ,
             as
             if
             it
             had
             never
             been
             ;
             but
             where
             the
             Restitution
             is
             onely
             by
             way
             of
             Grace
             ,
             there
             the
             Fault
             and
             Sentence
             still
             remains
             ,
             though
             the
             punishment
             be
             taken
             off
             ;
             and
             there
             the
             Restitution
             ought
             not
             to
             restore
             the
             Precedency
             ,
             in
             prejudice
             of
             those
             who
             had
             acquired
             titles
             betwixt
             the
             Forfeitour
             and
             Restitution
             :
             A
             clear
             instance
             whereof
             we
             have
             in
             the
             Earl
             of
             Crawfurd
             ,
             who
             being
             Forfeit
             for
             Rebelling
             against
             K.
             Iames
             the
             2.
             at
             the
             Battel
             of
             Brichen
             ,
             and
             being
             thereafter
             restored
             ,
             he
             was
             not
             restored
             so
             as
             to
             take
             place
             from
             the
             Earl
             of
             Huntly
             ?
             But
             yet
             it
             is
             observable
             ,
             that
             the
             4.
             
             
               Act.
               p.
            
             16.
             p.
             87.
             
             I.
             6.
             which
             appoints
             restitutions
             
               per
               modum
               gratiae
            
             ,
             not
             to
             prejudge
             third
             paties
             ;
             speaks
             onely
             of
             lands
             ,
             possessions
             ,
             and
             such
             other
             parts
             of
             the
             Estate
             forfeited
             ,
             but
             speaks
             not
             of
             Honours
             ;
             and
             therefore
             some
             conclude
             that
             persons
             forfeited
             may
             be
             restored
             to
             the
             Honours
             of
             their
             Family
             ,
             notwithstanding
             the
             Precedency
             by
             the
             rest
             of
             the
             Nobility
             in
             the
             interim
             ,
             which
             is
             the
             rather
             received
             amongst
             us
             ,
             that
             the
             King
             may
             with
             us
             creat
             an
             Earl
             with
             the
             Precedency
             from
             all
             others
             ,
             as
             he
             could
             have
             done
             in
             England
             before
             
             the
             statute
             of
             Hen.
             8.
             
             For
             I
             find
             by
             the
             Herauld
             records
             ,
             that
             Edmond
             of
             Hadham
             is
             created
             Earl
             of
             
               Richmond
               ,
               &
               quod
               habeat
               sedem
               in
               Parliamentis
               &
               alibi
               proximum
               ducibus
            
             :
             And
             
               Henry
               Beauchamp
            
             Earl
             of
             Warwick
             ,
             is
             made
             
               primus
               Comes
               Angliae
            
             ,
             whereas
             he
             was
             formerly
             almost
             last
             ,
             and
             thereafter
             is
             created
             Duke
             of
             Warwick
             ,
             with
             this
             addition
             ;
             That
             he
             shall
             go
             Mate-like
             with
             the
             Duke
             of
             Northfolk
             ,
             and
             above
             the
             Duke
             of
             Buckingham
             .
             And
             since
             our
             Kings
             had
             this
             prerogative
             ,
             and
             that
             they
             have
             not
             restricted
             themselves
             ,
             they
             might
             have
             it
             still
             ,
             though
             they
             should
             use
             it
             sparingly
             .
          
        
         
           
             QVESTION
             XXXVI
             .
             Whether
             have
             the
             Ambassadours
             of
             Monarchs
             the
             Precedency
             from
             other
             Monarchs
             or
             Princes
             themselves
             ,
             if
             personally
             present
             ,
             even
             as
             the
             Kings
             would
             do
             whom
             they
             represent
             ?
             And
             if
             in
             all
             cases
             an
             Ambassadour
             ought
             to
             have
             the
             same
             Precedency
             that
             is
             due
             to
             his
             Constituent
             ?
          
           
             To
             this
             it
             is
             answered
             ,
             That
             though
             an
             Ambassadour
             represents
             the
             Monarch
             from
             whom
             he
             derives
             his
             Commission
             ,
             and
             that
             some
             learned
             Lawyers
             do
             upon
             that
             account
             assert
             ,
             that
             they
             are
             to
             have
             the
             same
             Precedency
             that
             is
             due
             to
             their
             Master
             ,
             and
             so
             to
             be
             preferred
             to
             all
             Kings
             and
             Princes
             though
             present
             ,
             to
             whom
             their
             Constituents
             would
             have
             been
             preferred
             ,
             
               Paschal
               .
               de
               Legat.
               cap.
            
             38.
             yet
             the
             custom
             of
             Nations
             has
             run
             contrar
             to
             his
             opinion
             ,
             in
             preferring
             even
             inferiour
             Kings
             and
             Princes
             :
             And
             it
             is
             decided
             amongst
             the
             Princes
             of
             
               Germany
               ,
               Tit.
            
             25.
             
             
               Aureae
               Bullae
               ,
               Car.
            
             4.
             
             And
             in
             anno
             1542.
             the
             Ambassadours
             of
             Charles
             the
             fifth
             Emperour
             ,
             were
             decerned
             to
             cede
             the
             Precedency
             to
             Ferdinand
             King
             of
             the
             Romans
             ,
             and
             the
             reasons
             are
             ,
             1
             o.
             Because
             Princes
             found
             it
             their
             Interest
             to
             have
             no
             Subject
             compete
             with
             them
             ,
             or
             to
             have
             their
             own
             presence
             lessened
             by
             such
             marks
             of
             Disrespect
             .
             2
             o.
             In
             a
             Prince
             who
             is
             present
             there
             resides
             True
             and
             Original
             Majesty
             ;
             whereas
             an
             Ambassadour
             is
             onely
             dignified
             with
             a
             Supposititious
             and
             Representative
             Honour
             ,
             shining
             (
             if
             I
             may
             so
             say
             )
             with
             borrowed
             rayes
             :
             And
             of
             this
             opinion
             are
             
               Brunus
               de
               Legat.
               lib.
            
             5.
             cap.
             8.
             and
             
               Costa
               Consil.
            
             44.
             though
             
               Zouch
               .
               de
               Iure
               inter
               Gentes
            
             seems
             to
             favour
             Paschals
             opinion
             .
          
           
             It
             may
             be
             likewise
             doubted
             ,
             whether
             an
             Ambassadour
             does
             retain
             the
             same
             Precedency
             due
             to
             him
             as
             Ambassadour
             ,
             when
             the
             Prince
             who
             sent
             him
             comes
             to
             the
             place
             himself
             :
             And
             this
             was
             debated
             by
             the
             Earl
             Marishal
             who
             was
             sent
             over
             Ambassador
             to
             Denmark
             ,
             when
             K.
             Ia.
             6.
             went
             over
             in
             person
             thereafter
             ,
             and
             brought
             over
             Chancellour
             Maitland
             with
             him
             ,
             who
             challenged
             the
             Precedency
             from
             the
             Earl
             Marishal
             ,
             alleaging
             that
             an
             Ambassadours
             Power
             evanishes
             upon
             his
             Princes
             appearance
             :
             Which
             debate
             was
             decided
             by
             King
             Iames
             in
             favours
             of
             the
             Chancellour
             ,
             albeit
             the
             Earl
             contended
             ,
             That
             as
             his
             Ambassie
             ceased
             upon
             the
             Kings
             coming
             thither
             ,
             so
             did
             the
             others
             Office
             as
             Chancellour
             cease
             in
             a
             forreign
             Kingdom
             ,
             and
             therefore
             that
             he
             should
             have
             preceeded
             as
             being
             an
             Earl.
             
          
           
             The
             former
             opinion
             preferring
             inferiour
             Princes
             when
             Personally
             present
             ,
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             is
             so
             much
             the
             rather
             true
             ,
             that
             Ambassadours
             are
             not
             ,
             when
             they
             come
             to
             visit
             the
             Judicatures
             of
             the
             Nations
             where
             they
             
             preceed
             allowed
             the
             same
             Precedency
             ;
             And
             generally
             it
             is
             given
             as
             a
             rule
             by
             Lawyers
             ,
             that
             
               in
               locis
               &
               actibus
               Iudicialibus
               Legatis
               praecedentia
               solita
               non
               servatur
               ,
               &
               non
               pro
               dignitate
               Regis
               aut
               alterius
               a
               quo
               ablegati
               sunt
               ,
               Gothofred
               .
               de
               Iure
               praecedentiae
               ,
               cap.
            
             7.
             num
             .
             47.
             so
             that
             though
             Kings
             themselves
             would
             sit
             above
             all
             these
             Judicatures
             ,
             yet
             their
             Ambassadours
             sit
             but
             among
             them
             ;
             Thus
             the
             Venetian
             Ambassadour
             was
             onely
             placed
             in
             the
             Parliament
             of
             Paris
             after
             the
             Bishops
             ,
             as
             Rupan
             .
             observes
             ,
             lib.
             7.
             cap.
             10.
             
          
           
             Though
             Ambassadours
             have
             the
             same
             Precedency
             that
             is
             due
             to
             their
             Constituents
             ,
             yet
             Agents
             and
             Residents
             of
             Princes
             have
             not
             ,
             nor
             has
             the
             Popes
             Nuncio
             the
             Precedency
             that
             is
             due
             to
             an
             Ambassadour
             ,
             
               Gothofred
               ▪
               ibid.
            
             for
             these
             in
             effect
             are
             sent
             oftentimes
             to
             prevent
             the
             Debates
             that
             might-fall
             amongst
             Ambassadours
             ,
             and
             therefore
             the
             French
             King
             sends
             very
             rarely
             his
             Ambassadours
             to
             the
             Emperours
             Court
             ,
             because
             he
             knows
             that
             Court
             would
             give
             the
             Spanish
             Ambassadours
             the
             Precedency
             ,
             which
             he
             thinks
             is
             due
             to
             his
             Ambassadours
             .
          
        
         
           
             QVESTION
             XXXVII
             .
             Whether
             have
             such
             as
             have
             been
             Ambassadours
             ,
             or
             have
             been
             in
             such
             honourable
             Imployments
             ,
             any
             Precedency
             thereby
             when
             their
             Imployment
             is
             ended
             ?
          
           
             To
             which
             it
             is
             answered
             ,
             That
             though
             after
             an
             honourable
             Imployment
             is
             over
             ,
             whether
             by
             Dimission
             ,
             or
             by
             the
             expyring
             of
             the
             Commission
             ,
             the
             Precedency
             thereto
             annex'd
             ceases
             with
             it
             ;
             Yet
             the
             Prince
             sometimes
             gratifies
             the
             person
             with
             a
             continuance
             of
             some
             Precedency
             and
             Honour
             :
             And
             in
             the
             Records
             of
             the
             Herauld
             Office
             in
             England
             ,
             I
             find
             that
             in
             a
             Court
             Marishal
             ,
             Sir
             
               Dudley
               Diggs
            
             ,
             and
             Sir
             
               Thomas
               Smith
            
             ,
             were
             adjudged
             to
             have
             the
             Precedency
             from
             other
             Knights-Batchelours
             of
             their
             own
             Degree
             ,
             because
             they
             had
             been
             Ambassadours
             ,
             though
             their
             Commission
             was
             expired
             .
             In
             the
             customs
             also
             of
             most
             Nations
             ,
             a
             Judge
             retains
             still
             amongst
             those
             of
             his
             own
             Bench
             the
             same
             Precedency
             that
             he
             had
             formerly
             before
             his
             Dimission
             ,
             or
             his
             being
             laid
             aside
             ,
             except
             he
             has
             been
             laid
             aside
             for
             a
             Crime
             or
             Fault
             .
          
        
         
           
             QVESTION
             XXXVIII
             .
             What
             place
             is
             due
             to
             the
             Representatives
             of
             Subjects
             ,
             such
             as
             Viccars
             ,
             Deputs
             ,
             Assistants
             ,
             
               &
               c
            
             ?
          
           
             It
             would
             seem
             that
             as
             Ambassadours
             have
             the
             same
             place
             that
             is
             due
             to
             him
             whom
             they
             represent
             ,
             so
             those
             who
             represent
             Subjects
             ,
             as
             Viccars
             who
             represent
             the
             Bishop
             ,
             Deputs
             who
             represent
             Judges
             ,
             ought
             to
             have
             the
             same
             place
             that
             is
             due
             to
             those
             whom
             they
             represent
             :
             I
             find
             that
             L.
             7.
             
               de
               Bonorcodicil
               .
               C.
               Theod.
            
             there
             are
             four
             Dignities
             Ranked
             ,
             
               viz.
               Praefectorum
               ,
               Proconsulum
               ,
               Vicariorum
               ,
               &
               Exconsularium
               .
            
             And
             certainly
             in
             those
             Acts
             ,
             wherein
             they
             represent
             their
             Constituent
             ,
             they
             have
             the
             same
             Precedency
             that
             is
             due
             to
             him
             ,
             
               Felin
               .
               in
               cap.
               cum
               olim
               de
               Offic.
               de
               Legat.
            
             And
             thus
             by
             the
             Canon
             Law
             ,
             the
             Bishops
             Viccar
             is
             preferred
             to
             the
             Dean
             ,
             
             and
             Arch-dean
             ,
             and
             not
             onely
             are
             these
             representative
             Dignities
             preferred
             in
             the
             acts
             of
             their
             Jurisdiction
             ,
             but
             even
             in
             all
             other
             deeds
             ,
             which
             necessarily
             preceed
             or
             follow
             them
             ;
             And
             some
             Lawyers
             are
             of
             Opinion
             ,
             that
             they
             are
             to
             be
             preferred
             to
             the
             same
             Dignity
             ,
             in
             all
             promiscuous
             and
             indifferent
             Acts
             which
             fall
             in
             during
             the
             time
             of
             the
             Representation
             ,
             and
             thus
             
               Cautuccius
               decis
            
             .
             582.
             is
             of
             Opinion
             ,
             that
             the
             Bishops
             Viccar
             sent
             by
             him
             to
             hold
             a
             Synod
             ,
             is
             to
             have
             Precedency
             before
             all
             the
             Chapter
             ,
             not
             onely
             in
             the
             Synod
             it self
             ,
             but
             likwise
             in
             all
             other
             Assemblies
             ,
             Visits
             ,
             and
             Intertainments
             ,
             during
             his
             Commission
             :
             But
             the
             contrare
             of
             this
             is
             mantained
             by
             
               Menoch
               ,
               Consil.
            
             51.
             
             And
             in
             my
             Opinion
             ,
             these
             Doctors
             may
             be
             thus
             reconciled
             ,
             viz.
             If
             the
             Representation
             flow
             immediately
             from
             the
             Law
             ,
             as
             for
             instance
             ,
             If
             the
             Council
             should
             Delegat
             any
             man
             to
             be
             Sheriff
             ,
             there
             the
             person
             substitut
             would
             have
             in
             all
             cases
             during
             his
             Commission
             ,
             the
             same
             place
             that
             is
             due
             to
             him
             in
             whose
             place
             he
             was
             surrogat
             ,
             for
             there
             
               Surrogatum
               sapit
               naturam
               surrogati
            
             ;
             But
             if
             the
             Representation
             flow
             from
             the
             person
             himself
             whom
             he
             Represents
             ,
             in
             that
             case
             the
             Representative
             has
             onely
             the
             Precedency
             ,
             whilst
             he
             is
             exercising
             the
             Office
             ,
             or
             in
             Actions
             thereto
             relating
             ;
             And
             thus
             Sheriff-deputs
             with
             us
             have
             onely
             the
             Precedency
             due
             to
             their
             Constituents
             ,
             whilest
             they
             are
             exercising
             these
             Acts
             which
             relate
             to
             their
             Office
             :
             And
             yet
             I
             think
             ,
             that
             those
             Representatives
             of
             Subjects
             have
             even
             in
             all
             extrinsick
             and
             indifferent
             Acts
             the
             Precedency
             due
             to
             their
             Constituents
             ,
             when
             they
             meet
             with
             others
             of
             the
             same
             Degree
             ,
             and
             thus
             amongst
             Sheriff-Deputes
             ,
             &c.
             the
             Precedency
             is
             to
             be
             given
             according
             to
             the
             Precedency
             that
             is
             due
             to
             the
             Principal
             Sheriffs
             .
          
        
         
           
             QVESTION
             XXXIX
             .
             What
             Precedency
             is
             due
             to
             Assessors
             appointed
             for
             Iudges
             ,
             and
             to
             extraordinary
             Iudges
             ?
          
           
             I
             conceive
             that
             Assessors
             chosen
             by
             a
             Judge
             get
             no
             Precedency
             thereby
             ,
             since
             Subjects
             cannot
             bestow
             Dignities
             ;
             but
             that
             where
             the
             Prince
             names
             any
             man
             Assessor
             to
             a
             Judicature
             ,
             the
             person
             so
             named
             has
             thereby
             the
             Precedency
             next
             to
             the
             Judge
             to
             whom
             he
             is
             named
             Assessor
             ,
             
               nam
               est
               ejus
               umbra
            
             ,
             his
             shadow
             as
             the
             Law
             speaks
             ,
             and
             the
             shadow
             should
             follow
             the
             body
             :
             And
             with
             Us
             when
             the
             Council
             names
             Assessors
             to
             the
             Justices
             ,
             the
             Assessors
             vote
             onely
             after
             the
             Justices
             ;
             And
             yet
             in
             France
             I
             find
             that
             Assessors
             take
             place
             after
             the
             President
             ,
             and
             before
             the
             other
             Councellours
             ,
             and
             so
             it
             was
             decided
             at
             Paris
             ,
             1608.
             
          
           
             It
             may
             be
             also
             doubted
             ,
             whether
             Our
             extraordinar
             Lords
             of
             Session
             who
             sit
             with
             and
             vote
             after
             the
             ordinar
             Judges
             ,
             should
             have
             place
             after
             them
             if
             they
             were
             not
             Earles
             or
             Noblemen
             ,
             as
             by
             the
             institution
             they
             are
             oblieged
             to
             be
             (
             but
             not
             either
             as
             that
             the
             King
             may
             not
             promote
             Gentlemen
             hereafter
             )
             
               quo
               casn
            
             ,
             I
             think
             they
             would
             take
             place
             after
             the
             ordinar
             ,
             as
             they
             vote
             after
             them
             :
             For
             these
             extraordinar
             Lords
             are
             like
             to
             these
             adscriptiti●
             or
             
               allecti
               ,
               L.
            
             2.
             
             
               C.
               ut
               dignit
               .
               ord
               .
               servetur
               .
            
             of
             whom
             Capitolinus
             in
             the
             life
             of
             
               Pertinax
               ,
               qu●m
               Commodus
               allectionibus
               innumeris
               praetorios
               miscuisset
               ,
               senatus
               consultum
               Pertinax
               fecit
               jussitque
               eos
               qui
               praeturas
               non
               gessissent
               sed
               allectione
               accepissent
               post
               eos
               esse
               qui
               vere
               praetores
               fuissent
               .
            
          
        
         
           
           
             QVESTION
             XL.
             Whether
             can
             the
             King
             Creat
             now
             an
             new
             Earl
             ,
             and
             Ordain
             him
             to
             preceed
             all
             the
             former
             Earles
             ,
             or
             any
             such
             number
             of
             them
             as
             he
             pleases
             ?
          
           
             It
             would
             seem
             that
             the
             King
             cannot
             :
             For
             there
             being
             a
             Precedency
             acquired
             to
             the
             former
             Earles
             by
             their
             first
             Gift
             ,
             the
             King
             cannot
             by
             any
             new
             gift
             prejudge
             third
             Parties
             ,
             and
             this
             were
             in
             effect
             to
             Forfeit
             them
             of
             their
             Precedency
             ;
             Likeas
             it
             would
             seem
             ,
             that
             since
             most
             Earldoms
             were
             granted
             by
             erecting
             lands
             in
             an
             Earldom
             in
             favours
             of
             the
             Receiver
             ,
             that
             therefore
             the
             Concessions
             of
             Land
             and
             Honours
             are
             of
             the
             same
             Nature
             ,
             and
             that
             no
             new
             grant
             can
             prejudge
             the
             one
             more
             then
             the
             other
             .
          
           
             But
             it
             may
             be
             urged
             on
             the
             Kings
             part
             ,
             that
             the
             King
             being
             the
             onely
             fountain
             of
             Honour
             ,
             he
             may
             do
             therein
             as
             he
             pleases
             ,
             except
             in
             so
             far
             as
             he
             is
             limited
             by
             Law
             ;
             And
             therefore
             since
             there
             is
             no
             Law
             with
             us
             limiting
             the
             King
             in
             this
             point
             ,
             he
             may
             do
             therein
             as
             he
             pleases
             .
             2
             o.
             The
             King
             by
             Act
             of
             Parliament
             ,
             Henry
             the
             eight
             ,
             is
             limited
             as
             to
             this
             point
             in
             England
             ,
             so
             that
             he
             can
             grant
             no
             such
             Preference
             ;
             And
             therefore
             it
             may
             be
             concluded
             that
             this
             was
             formerly
             in
             his
             power
             even
             there
             ,
             and
             that
             since
             he
             is
             not
             limited
             here
             ,
             his
             power
             is
             here
             intire
             as
             to
             this
             point
             ,
             whereof
             many
             instances
             are
             given
             in
             answer
             to
             quest
             .
             35.
             and
             since
             that
             statute
             ,
             it
             is
             thought
             that
             His
             Majesty
             may
             ordain
             the
             last
             Knight
             to
             preceed
             all
             the
             rest
             formerly
             dubb'd
             and
             created
             ,
             because
             Knights
             are
             not
             exprest
             in
             that
             statute
             .
             3
             o.
             We
             see
             the
             King
             in
             Scotland
             does
             impower
             Countesses
             to
             retain
             their
             former
             Precedency
             ,
             though
             they
             marry
             a
             Husband
             of
             a
             Rank
             inferiour
             to
             their
             first
             Husband
             ;
             And
             Dukes
             Daughters
             even
             after
             their
             Marriage
             to
             retain
             the
             Precedency
             due
             to
             them
             as
             Dukes
             Daughters
             .
             4
             o.
             His
             Majesty
             does
             by
             new
             Confirmations
             transfer
             the
             Honours
             to
             Hiers
             Female
             ,
             though
             the
             Patents
             at
             first
             were
             onely
             granted
             to
             Hiers
             male
             ,
             and
             so
             by
             the
             not
             existing
             of
             the
             Hiers
             Male
             ,
             those
             Earles
             who
             have
             the
             next
             Precedency
             might
             aswell
             alleadge
             ,
             That
             the
             King
             could
             not
             by
             any
             new
             right
             in
             favours
             of
             the
             Hiers
             Female
             prejudge
             them
             .
             5
             o.
             His
             Majesty
             does
             sometimes
             appoint
             any
             of
             His
             Officers
             of
             State
             to
             preceed
             other
             as
             he
             pleases
             ,
             though
             these
             may
             likewise
             alleadge
             ,
             that
             there
             is
             
               jus
               quaesitum
            
             to
             them
             by
             their
             prior
             Gifts
             :
             6
             o.
             His
             Majesty
             restores
             the
             Sons
             of
             persons
             forfeited
             to
             their
             Fathers
             Precedency
             ,
             notwithstanding
             of
             the
             
               jus
               quaesitum
            
             ,
             by
             others
             
               medio
               tempore
            
             .
             7
             o.
             The
             King
             has
             oblieged
             himself
             not
             to
             prefer
             the
             Knights
             of
             
               Nova
               Scotia
            
             ,
             or
             Knights-Baronets
             ,
             otherwise
             then
             according
             to
             their
             Creation
             ,
             which
             had
             been
             unnecssar
             ,
             if
             the
             King
             could
             not
             have
             preferred
             them
             by
             His
             Royal
             prerogative
             :
             Sometimes
             also
             His
             Majesty
             confirms
             to
             the
             Nobility
             the
             entails
             of
             their
             Estates
             ,
             whereby
             they
             have
             power
             to
             name
             their
             Successour
             with
             the
             Precedency
             due
             to
             themselves
             ,
             which
             right
             being
             ordinarly
             ratified
             in
             Parliament
             ,
             uses
             to
             establish
             and
             transfer
             the
             Precedency
             upon
             the
             Heir
             or
             Successour
             so
             nominated
             ;
             But
             since
             Ratifications
             pass
             without
             observation
             ,
             and
             oftentimes
             without
             reading
             ,
             it
             may
             be
             doubted
             whether
             such
             a
             Ratification
             should
             prejudge
             even
             these
             who
             were
             Members
             of
             Parliament
             ,
             but
             much
             more
             such
             as
             were
             not
             present
             ,
             or
             such
             as
             were
             Created
             thereafter
             ,
             these
             Ratifications
             not
             being
             properly
             publick
             and
             Legistative
             statutes
             ,
             and
             so
             can
             bind
             onely
             such
             as
             consented
             .
          
        
         
           
           
             QVESTION
             XLI
             .
             Whether
             if
             the
             King
             should
             creat
             an
             Earl
             with
             Precedency
             to
             all
             other
             Earles
             ,
             during
             his
             life
             ?
             Or
             if
             when
             an
             Earl
             is
             Forfeited
             ,
             will
             his
             Lady
             in
             either
             of
             these
             cases
             retain
             the
             Precedency
             she
             formerly
             enjoyed
             during
             her
             Husbands
             life
             ?
          
           
             To
             which
             it
             is
             answered
             ,
             That
             as
             to
             the
             first
             it
             was
             expresly
             decided
             in
             England
             ,
             in
             the
             case
             of
             the
             Earl
             of
             Notingham
             ,
             that
             he
             upon
             the
             surrender
             of
             the
             Admirals
             Office
             ,
             being
             by
             King
             Iames
             allowed
             the
             same
             Precedency
             that
             belonged
             to
             Iohn
             Lord
             Moubray
             his
             predecessour
             ,
             That
             therefore
             his
             Lady
             should
             enjoy
             the
             same
             Precedency
             if
             she
             survived
             him
             ,
             because
             this
             was
             not
             a
             Dignity
             of
             Office
             ,
             but
             a
             real
             Dignity
             settled
             in
             his
             person
             ;
             and
             generally
             in
             all
             real
             Dignities
             such
             as
             those
             of
             
               Dukes
               ,
               Marquesses
               ,
               Earles
            
             ,
             &c.
             the
             wives
             participat
             the
             Husbands
             honour
             even
             after
             his
             death
             ,
             for
             it
             is
             not
             the
             Patent
             that
             confers
             the
             Honour
             upon
             her
             ,
             for
             else
             she
             could
             not
             enjoy
             the
             same
             except
             she
             were
             therein
             mentioned
             ,
             but
             her
             right
             flows
             from
             the
             Common-Law
             which
             illustrates
             the
             Wife
             with
             the
             Husbands
             Dignity
             ,
             because
             Marriage
             is
             
               individua
               vitae
               consuetudo
            
             ;
             And
             in
             the
             Law
             ,
             the
             Husband
             and
             Wife
             are
             one
             person
             ,
             and
             for
             the
             same
             reason
             we
             see
             likewise
             that
             the
             Wives
             of
             Knights-Batchelours
             ,
             and
             Knights
             of
             the
             Bath
             ,
             enjoy
             the
             same
             Precedency
             that
             was
             due
             to
             their
             Husbands
             ,
             though
             they
             enjoyed
             the
             same
             for
             Life
             :
             And
             whereas
             it
             may
             be
             objected
             that
             the
             Husband
             having
             the
             Honour
             but
             for
             Life
             ,
             it
             cannot
             be
             continued
             longer
             then
             for
             the
             time
             limited
             ,
             or
             to
             be
             transferred
             to
             the
             Wife
             after
             the
             death
             of
             her
             Husband
             .
             It
             is
             answered
             by
             the
             same
             rule
             and
             proportion
             no
             wife
             whatsoever
             should
             enjoy
             the
             title
             of
             her
             Husbands
             honour
             after
             his
             deceas
             ,
             but
             then
             all
             the
             honour
             and
             place
             should
             surceas
             ,
             for
             she
             challenges
             nothing
             but
             from
             her
             Husband
             :
             The
             Honour
             for
             perpetuity
             to
             the
             Heirs
             ,
             concerns
             onely
             the
             Descendents
             and
             they
             are
             thereby
             Enobled
             ;
             But
             to
             her
             a
             state
             for
             Life
             ,
             and
             a
             state
             to
             the
             Heirs
             is
             all
             one
             .
             I
             find
             also
             that
             Sir
             
               William
               Heram
            
             having
             married
             the
             daughter
             and
             Heir
             of
             the
             Lord
             Saye
             ,
             and
             so
             being
             in
             her
             right
             a
             Baron
             ,
             and
             by
             reason
             of
             that
             Marriage
             summoned
             to
             the
             Parliament
             as
             a
             Peer
             of
             the
             Realm
             ,
             having
             survived
             his
             wife
             ,
             albeit
             he
             had
             no
             Issue
             by
             her
             ,
             he
             notwithstanding
             enjoyed
             that
             title
             and
             dignity
             during
             his
             life
             .
          
           
             To
             the
             second
             branch
             of
             this
             question
             it
             is
             answered
             ,
             That
             the
             wife
             of
             a
             person
             forfeited
             enjoyes
             the
             same
             title
             and
             dignity
             that
             was
             due
             to
             her
             before
             the
             forfeiture
             ;
             for
             though
             it
             may
             seem
             that
             the
             dignity
             of
             the
             Family
             is
             extinguished
             ,
             and
             consequently
             she
             cannot
             enjoy
             it
             ;
             Yet
             the
             crime
             punishes
             onely
             the
             person
             ,
             and
             corrupts
             onely
             the
             blood
             quo-ad
             the
             Descendents
             ,
             but
             not
             quo-ad
             the
             Wife
             :
             And
             though
             the
             honour
             be
             extinguished
             ,
             yet
             being
             extinguished
             upon
             a
             personal
             account
             ,
             the
             punishment
             ought
             not
             to
             reach
             further
             then
             the
             crime
             .
          
        
         
           
           
             QVESTION
             XLII
             .
             Whether
             amongst
             those
             of
             the
             Royal
             Line
             ,
             does
             the
             next
             to
             the
             Royal
             Stock
             preceed
             ?
             Or
             does
             the
             Precedency
             belong
             to
             the
             eldest
             of
             that
             Branch
             ?
          
           
             The
             reason
             of
             this
             doubt
             is
             ,
             Because
             as
             in
             other
             Nobility
             the
             first
             who
             is
             dignified
             has
             still
             the
             Precedency
             ,
             as
             being
             farthest
             removed
             from
             the
             Dreggs
             and
             Lees
             of
             the
             Vulgar
             ;
             So
             amongst
             those
             who
             are
             descended
             of
             Kings
             ,
             the
             last
             is
             still
             preferred
             as
             being
             nearer
             to
             the
             Common-Stock
             ,
             by
             which
             all
             are
             Enobled
             :
             And
             therefore
             the
             Uncle
             ,
             it
             seems
             ,
             should
             preceed
             his
             Nephew
             by
             the
             elder
             Brother
             ,
             as
             being
             a
             Degree
             nearer
             to
             the
             Stock
             ,
             as
             was
             alleaged
             by
             the
             Cardinal
             of
             Bourbon
             Uncle
             to
             Henry
             the
             fourth
             ;
             But
             yet
             it
             was
             justly
             decided
             for
             Henry
             the
             fourth
             ,
             because
             though
             the
             younger
             Branch
             be
             still
             preferred
             ,
             yet
             amongst
             these
             of
             the
             same
             Branch
             the
             eldest
             is
             still
             preferable
             ,
             for
             by
             the
             right
             of
             Representation
             he
             Represented
             his
             Father
             ,
             which
             Father
             would
             have
             been
             preferred
             ,
             and
             here
             again
             the
             right
             of
             Birth-right
             still
             returns
             :
             And
             this
             holds
             not
             only
             in
             France
             ,
             as
             Tillet
             observes
             ,
             but
             with
             us
             in
             Britain
             ,
             and
             generally
             in
             all
             Law
             ,
             Exod.
             6.
             and
             1.
             
             Cron.
             4.
             
               vid.
               Dec.
               Consil.
            
             445.
             albeit
             of
             old
             in
             Scotland
             the
             Uncles
             did
             oftentimes
             usurp
             upon
             this
             account
             ,
             
               L'oiseau
               chap
            
             :
             7.
             
             And
             to
             this
             day
             the
             eldest
             Cadets
             in
             private
             Families
             do
             still
             take
             place
             with
             us
             ,
             from
             the
             last
             descended
             beyond
             the
             Brothers
             of
             the
             Family
             ,
             and
             those
             old
             Cadets
             take
             place
             of
             the
             Nephews
             ,
             which
             is
             an
             Errour
             .
          
        
         
           
             QVESTION
             XLIII
             .
             Whether
             and
             when
             is
             the
             right
             or
             left
             Hand
             the
             chief
             mark
             of
             Precedency
             ?
             And
             whether
             is
             the
             place
             opposite
             to
             the
             seat
             of
             the
             chief
             Person
             who
             sits
             betwixt
             the
             two
             preferable
             to
             either
             right
             or
             left
             Hand
             ?
          
           
             To
             this
             it
             is
             answered
             ,
             That
             amongst
             both
             the
             
               Iews
               ,
               Greeks
            
             ,
             and
             Romans
             ,
             where
             three
             were
             either
             sitting
             or
             walking
             ,
             the
             midle-place
             was
             thought
             the
             chief
             place
             ;
             but
             where
             two
             were
             without
             a
             third
             ,
             the
             right
             Hand
             was
             concluded
             the
             more
             Noble
             amongst
             the
             Iews
             :
             and
             thus
             the
             Scripture
             tells
             us
             ,
             
               That
               such
               as
               are
               to
               be
               saved
               shal
               sit
               at
               the
               right
               hand
               of
               GOD
            
             ;
             And
             yet
             in
             Iacobs
             Blessing
             Ephraim
             and
             Manasseh
             ,
             the
             left
             hand
             was
             preferred
             ,
             Genes
             .
             48.
             
               vid.
               Pansirol
               .
               lib.
            
             1.
             pag.
             501.
             
             But
             amongst
             the
             Romans
             it
             was
             doubted
             which
             of
             the
             two
             was
             preferable
             ,
             
               Demsterus
               Antique
               Roman
               .
               pag.
            
             866.
             
             And
             yet
             it
             is
             certain
             that
             amongst
             the
             Turks
             the
             left
             side
             is
             acounted
             the
             more
             Noble
             ,
             because
             he
             commands
             his
             neighbours
             Sword
             ;
             And
             though
             these
             be
             the
             chief
             Seats
             ,
             yet
             he
             who
             is
             set
             opposite
             to
             him
             who
             sits
             in
             the
             midle
             ,
             is
             thereby
             preferred
             to
             him
             who
             either
             sits
             upon
             the
             right
             or
             left
             hand
             ,
             since
             in
             effect
             he
             is
             made
             the
             Correspondent
             of
             the
             chief
             Person
             ,
             as
             Golstadus
             defends
             by
             many
             instances
             ,
             pag.
             433.
             
          
        
         
           
           
             QVESTION
             XLIV
             .
             Whether
             in
             Improbations
             raised
             to
             secure
             Precedency
             ,
             can
             Certifications
             be
             granted
             ,
             aswell
             ,
             against
             Patents
             of
             Honour
             as
             against
             other
             Writes
             ?
          
           
             This
             question
             having
             occurred
             in
             a
             Debate
             Ianuary
             1672.
             betwixt
             the
             Earl
             of
             Sutherland
             and
             the
             Earl
             of
             Errol
             ,
             It
             was
             urged
             that
             in
             Declaratours
             of
             Precedency
             ,
             and
             Improbations
             raised
             for
             securing
             thereof
             ,
             no
             Certification
             could
             be
             granted
             ,
             because
             1
             o.
             such
             Certifications
             were
             onely
             granted
             where
             the
             Right
             and
             Title
             to
             be
             improven
             was
             constitute
             by
             Write
             ;
             But
             so
             it
             is
             ,
             that
             the
             Dignity
             and
             Honour
             of
             
               Dukes
               ,
               Marquesses
               ,
               Earles
            
             ,
             &c.
             was
             not
             onely
             established
             by
             Patents
             ,
             or
             Infeftments
             ,
             but
             might
             be
             acquired
             by
             bringing
             them
             in
             to
             Parliament
             in
             their
             Robes
             ,
             and
             such
             other
             formes
             of
             Creation
             ,
             as
             have
             been
             practised
             both
             amongst
             us
             and
             other
             Nations
             ,
             against
             which
             no
             Certification
             could
             operat
             .
             2
             o.
             Certifications
             are
             onely
             allowed
             where
             the
             Pursuer
             of
             the
             Improbation
             has
             a
             direct
             title
             to
             that
             whereof
             the
             Right
             is
             to
             be
             improven
             ,
             exclusive
             of
             all
             others
             :
             But
             so
             it
             is
             that
             the
             Earl
             of
             Sutherland
             ,
             nor
             no
             other
             has
             an
             express
             ,
             and
             explicite
             Right
             to
             be
             the
             first
             Earl
             of
             Scotland
             ,
             and
             any
             right
             he
             has
             to
             the
             Precedency
             ;
             arises
             onely
             consequentially
             .
             3
             o.
             Improbations
             being
             onely
             a
             remedy
             introduced
             by
             our
             Law
             and
             the
             native
             designe
             thereof
             being
             to
             secure
             real
             rights
             ,
             and
             private
             Estates
             :
             it
             ought
             to
             be
             extended
             to
             no
             such
             case
             ,
             as
             that
             of
             Dignities
             and
             Honours
             ,
             to
             which
             it
             has
             never
             heen
             applyed
             ,
             during
             these
             many
             years
             that
             Improbations
             have
             been
             used
             here
             ,
             and
             to
             which
             certainly
             our
             Predecessours
             would
             have
             applyed
             them
             ,
             if
             the
             nature
             of
             the
             action
             would
             have
             allowed
             it
             .
          
           
             To
             which
             it
             was
             answered
             ,
             That
             Certifications
             being
             introduced
             amongst
             us
             ,
             to
             secure
             the
             Pursuer
             against
             any
             Evidents
             in
             the
             Defenders
             hand
             ,
             which
             might
             prejudge
             the
             Pursuers
             right
             ,
             they
             ought
             to
             be
             extended
             to
             Honours
             established
             by
             Patent
             ,
             or
             Infeftment
             ,
             these
             being
             rights
             that
             are
             transmitted
             by
             Write
             ,
             and
             this
             being
             the
             nature
             of
             those
             Certifications
             ,
             they
             ought
             to
             take
             place
             every
             where
             except
             where
             express
             Law
             or
             Decisions
             have
             restricted
             them
             .
             And
             therefore
             ,
             since
             there
             is
             no
             Law
             nor
             Decision
             ,
             Declaring
             that
             Certificationss
             shall
             not
             be
             granted
             against
             Patens
             ,
             or
             Infeftments
             which
             transmit
             Honour
             :
             they
             ought
             to
             be
             granted
             against
             these
             ,
             aswell
             as
             against
             other
             rights
             .
             Nor
             is
             it
             craved
             ,
             that
             these
             Certifications
             should
             run
             against
             Honours
             transmitted
             
               via
               facti
            
             ,
             such
             as
             Robing
             ,
             and
             Belting
             ,
             and
             though
             the
             Pursuer
             be
             not
             designed
             by
             his
             Infeftments
             the
             first
             Earl
             ,
             yet
             that
             cannot
             hinder
             him
             from
             removing
             by
             this
             Certification
             ,
             all
             Writes
             ,
             or
             Evidents
             ,
             which
             may
             hinder
             him
             to
             be
             the
             first
             ,
             Upon
             which
             Debate
             ,
             the
             Lords
             refused
             to
             grant
             Certification
             against
             such
             Patents
             ,
             or
             Infeftments
             .
          
        
         
           
           
             Courses
             taken
             by
             Princes
             and
             Iudges
             ,
             when
             they
             intend
             to
             shun
             the
             decyding
             of
             Contraversies
             concerning
             Precedency
             ,
             and
             to
             preserve
             the
             Rights
             of
             all
             the
             Competitors
             .
          
           
             First
             ,
             They
             ordain
             the
             Competitors
             to
             preceed
             one
             another
             by
             turns
             ,
             and
             alternatively
             :
             And
             thus
             the
             Emperour
             Lewis
             the
             fourth
             did
             in
             anno
             1328.
             decide
             betwixt
             the
             Prince
             Palatine
             ,
             and
             the
             Duke
             of
             Bavaria
             ,
             and
             so
             the
             Parliament
             of
             Paris
             decided
             in
             anno
             1616
             ;
             but
             lest
             the
             first
             turn
             should
             give
             the
             Precedency
             that
             uses
             to
             be
             decided
             by
             lot
             .
             And
             I
             find
             this
             alternation
             very
             old
             ,
             for
             the
             Thebans
             did
             so
             decide
             betwixt
             the
             Brother-Kings
             ,
             Etheocles
             and
             Polinix
             ;
             and
             Plutarch
             observes
             the
             same
             betwixt
             Thyestes
             and
             Attreus
             .
          
           
             Secondly
             ,
             They
             use
             to
             assigne
             one
             of
             the
             Competitors
             a
             place
             out
             of
             all
             Rank
             ;
             as
             was
             done
             to
             the
             Spanish
             Ambassadour
             in
             the
             Council
             of
             Trent
             ,
             and
             is
             frequently
             done
             in
             Our
             Parliaments
             ;
             But
             though
             this
             preserves
             the
             Right
             ,
             it
             insinuates
             a
             Ceding
             :
             And
             therefore
             the
             juster
             way
             is
             to
             place
             both
             so
             without
             the
             Benches
             ,
             as
             that
             neither
             of
             their
             seats
             can
             shew
             any
             Preference
             ,
             as
             was
             done
             at
             the
             Council
             of
             Trent
             betwixt
             the
             Emperours
             Ambassadour
             and
             the
             Cardinal
             of
             Trent
             .
          
           
             Thirdly
             ,
             They
             use
             to
             cause
             them
             enter
             by
             several
             doors
             ,
             as
             was
             observed
             betwixt
             the
             Queen
             of
             France
             ,
             and
             Margaret
             sister
             to
             Charles
             the
             fifth
             ,
             as
             Guicciardin
             observes
             .
          
           
             Fourthly
             ,
             They
             use
             round
             tables
             ,
             or
             to
             write
             the
             names
             of
             the
             Pretenders
             in
             a
             circle
             ,
             an
             example
             whereof
             we
             have
             in
             
               Gaius
               ,
               lib.
            
             1.
             
             Institut
             .
             and
             Pope
             Vrbane
             having
             desired
             the
             Franciscans
             to
             give
             him
             three
             of
             their
             number
             out
             of
             which
             he
             might
             chuse
             one
             to
             be
             Cardinal
             ,
             they
             wrote
             down
             their
             three
             names
             circular-ways
             ;
             but
             in
             this
             case
             ,
             the
             names
             should
             be
             written
             down
             exactly
             in
             the
             midle
             of
             the
             table
             or
             paper
             ;
             for
             else
             as
             Crantzius
             observes
             ,
             he
             whose
             name
             is
             next
             to
             the
             top
             of
             the
             paper
             has
             thereby
             some
             Precedency
             .
          
           
             Fifthly
             ,
             The
             eldest
             of
             the
             Competitors
             is
             still
             ordained
             to
             preceed
             :
             Of
             which
             Livius
             gives
             an
             instance
             ,
             lib.
             42.
             and
             King
             Iames
             the
             sixth
             decided
             so
             between
             several
             Families
             in
             Scotland
             ,
             and
             particularly
             between
             the
             Lairds
             of
             Blair
             and
             Balthaok
             .
          
           
             Sixthly
             ,
             Sometimes
             he
             who
             was
             first
             promoted
             to
             a
             Benefice
             or
             Office
             is
             preferred
             ,
             where
             the
             difference
             is
             betwixt
             the
             Offices
             or
             Benefices
             ;
             and
             thus
             it
             was
             decided
             betwixt
             the
             Sees
             of
             Rheims
             and
             Treves
             .
          
           
             Sevently
             ,
             Sometimes
             also
             the
             Competitors
             are
             preferred
             according
             as
             they
             produce
             their
             Commissions
             ,
             as
             was
             done
             in
             the
             Council
             of
             Trent
             betwixt
             the
             Ambassadours
             of
             Portugal
             and
             Hungary
             ;
             and
             the
             Polonians
             do
             frequently
             in
             Competitions
             between
             Ambassadours
             ,
             prefer
             him
             who
             first
             enters
             their
             Territories
             ,
             
               Bodin
               .
               de
               Repub.
               lib.
            
             1.
             cap.
             9.
             
          
           
             Eightly
             ,
             Sometimes
             also
             the
             Competitors
             are
             ordained
             to
             give
             their
             suffrage
             and
             preceed
             according
             to
             the
             respect
             due
             to
             the
             Nations
             ,
             and
             not
             to
             the
             persons
             :
             as
             was
             decided
             in
             the
             Council
             of
             Constans
             and
             Basil.
             
          
           
             Ninthly
             ,
             It
             is
             observed
             that
             
               Octavius
               Farnesius
            
             Prince
             of
             Parma
             and
             Placentia
             ,
             to
             shun
             the
             difference
             of
             Precedency
             betwixt
             his
             two
             Towns
             of
             Parma
             and
             Placentia
             ,
             did
             write
             himself
             Duke
             of
             P.
             P.
             And
             King
             Iames
             
             the
             sixth
             to
             shun
             any
             debate
             that
             could
             have
             been
             between
             Scotland
             and
             England
             ,
             assumed
             the
             title
             of
             
               King
               of
               Great
               Britain
            
             .
          
           
             Tenthly
             ,
             Some
             use
             to
             secure
             themselves
             against
             such
             contests
             by
             Protestations
             ,
             which
             certainly
             do
             interrupt
             prescription
             ,
             and
             preserve
             the
             Protesters
             right
             ,
             L.
             14.
             
             §
             8.
             
               ff
               .
               de
               Relig.
            
             but
             in
             that
             case
             the
             protestation
             must
             be
             presently
             interposed
             ,
             for
             protestations
             after
             the
             deeds
             contraverted
             are
             ended
             and
             past
             ,
             are
             concluded
             to
             be
             of
             no
             value
             ,
             
               Carpzol
               .
               def
            
             .
             22.
             for
             protestations
             cannot
             be
             drawn
             back
             :
             But
             it
             has
             been
             doubted
             whether
             the
             person
             against
             whom
             the
             protestation
             is
             taken
             ,
             does
             prejudge
             himself
             ,
             when
             he
             does
             not
             protest
             in
             the
             contrar
             ,
             for
             this
             seems
             to
             infer
             an
             acquiescence
             that
             the
             protestation
             is
             just
             ,
             since
             
               qui
               tacet
               consentire
               videtur
            
             ,
             and
             this
             is
             the
             occasion
             ,
             why
             in
             our
             Judicatures
             when
             one
             protests
             ,
             the
             other
             ordinarly
             protests
             in
             the
             contrare
             ;
             But
             yet
             it
             is
             generally
             concluded
             that
             Silence
             in
             that
             case
             does
             not
             prejudge
             him
             against
             whom
             the
             protestation
             is
             taken
             ,
             since
             he
             knows
             that
             in
             Law
             the
             protestation
             secures
             his
             right
             ,
             
               Tusc.
               tom
            
             .
             6.
             
             Conclus
             .
             941.
             
          
        
         
           FINIS
           .