engraving of two warriors facing one another, with a large crowd in back ground. one warrior offers the other warrior an olive branch. THE PRESENT STATE OF SCOTLAND. Scotiae Indiculum: OR THE Present State OF SCOTLAND. Together with divers Reflections Upon the Ancient STATE thereof. By A. M. Philopatris. In Magnis voluisse sat est— LONDON Printed for Jonathan Wilkins at the Star in Cheapside next Mercer's Chapel. 1682. To the Highborn, and most Noble Prince, Charles, Duke of Lenox, and Richmond his Grace, Earl of Darnley and March, Baron of Methwen and Seterington, etc. and Knight of the most Noble Order of the Garter. My Lord, THE disadvantages that Dedications have met with of late, by reason of the Flatteries that have been contained in them, have rendered them suspected of the same inconveniencies, although not in the least intended; That your Grace may not suffer in this too common a calamity, this Ensuing Treatise offers itself to come into the critical Censures of the World, under the Auspexes of your Grace's Protection: having the Aid and Countenance of so great and Noble a Personage prefixed, may in some manner take off the hard constructions of a great many. It is not to be questioned, but some will be apt to esteem it an audacious Enterprise to undertake to give an account of the Present State of Scotland, a Monarchy so Ancient, as none in the World can exceed; a Government so well Established in Church and State, that it seems by serious Reflection, that the Laws and Statutes of both are inviolable: I say, My Lord, I may be called into question why so great a Conamen became the Subject of my Studies at this time, when so many Learned and sagacious Scholars of that Kingdom have declined so useful an Undertaking: To confess ingeniously, my thoughts have been perpetually bend to serve my Country in some degree or other, whereby I might manifest to the World the respect that is due to so Ancient a Kingdom, in which by a Lawful and Legitimate Descent of the Crown to this present King, being an Independent Monarchy, and an Imperial Crown; none of the European Kings can hardly equal. This Design of serving my Country was much prompted, when none yet have published a Treatise apart concerning the constitutions of so well a Governed Kingdom: If I shall be so unfortunate as to suffer any way by endeavouring to satisfy the World what my respects are for so well a constituted Government, your Grace, I hope, will interpose for me, knowing that no sinister end was proposed. My Lord, consider how regularly every Officer, from the highest to the lowest degree, move in the sphere of their Trust, being ready to execute the Commands of their Master the King. Consider how piously the Church is governed, in all things submitting to Lawful Authority: consider their Ecclesiastical Discipline, that scarce any of the least Enormities in Life, or Errors in Judgement, can ●scape the severe Execution of the Jurisdiction of the Church. These things considered, with that due respect they always had and have for their Kings and the Royal Family, will kindle in your Grace such esteem for this Kingdom, as those have had, who were your Predecessors of the great Honours you now enjoy. My Lord, the Dukes of Lenox, of whom your Grace▪ only is the Representative, have been great Lovers of their Country, which they have testified so demonstrably to the world by the several great Offices they have performed, that their memory to this day is in great esteem: They had always an immediate Access to their King, whom they were pleased to inform of the condition of his Loyal Subjects, and often did Patronise the Affairs, and Espouse the Interest of His Majesty's good Subjects; which to this day cannot be forgot. Your Grace needs nothing to render your Name famous in this Kingdom, being you bear that Honourable Title of Lenox, but an inclination to succeed them in such like performances; all their Transactions have rendered them and the Successors of their Dignity Honourable in the Kingdom. Nature seems to warrant a Prediction of Heroic Actions, which begin to appear in your Grace in these your greener years. Let then the thoughts of advancing the Interest of this Kingdom, become as Dear to your Grace, as it was to your Noble Ancestors of the same Dignity, that when become a Cedar in the Trust of the Affairs of State, you may gain the same Honour that is due to your Titles. My Lord, The great Trust His Majesty is pleased to commit to his great Officers of State, is exceeding honourable, and becoming an aspiring Genius; most of the Ancientest of the Nobility esteeming it a greater honour to have His Majesty's Commission for such Offices, than to barely enjoy the Dignity of their Honours. It may justly merit your Grace's consideration, that the great Officers of State have been of the prime of the Nobility, and have been very faithful in their Trust. It was upon this consideration that I presumed to offer this Treatise to come into the World with your Graces Name prefixed, that it might be known that the Family of Lenox is not extinct, which is the great prudence of our Prince, that so Loyal a Family should not be buried in Oblivion: And likewise my design was, to give your Gr●●e and the World a Testimony of the Esteem I have for a Representative of that Noble Family, who may in all probability acquit himself as becomes one of that Esteem and Dignity. This small Treatise may afford your Grace an occasion to divert yourself sometimes with the prospect of the things contained in it, and thereby make you easy to understand the constitution of the Government, and to declare to the World that this Kingdom is not inferior to any in respect of its Laws and Statutes, whereby the King's Prerogatives are great, and the Property of the Subject is fully secured by Law, the People having great Liberties and Freedoms. If this ●n any way can supply your Grace with an Information of the Government of Scotland, than I have obtained what I so passionately desired, being in all sincerity, Your Graccs most humble, most obedient and most faithful Servant, A. M. TO THE READER. IF it were the Custom of the Heroic Spirits of this Age to disapprove every thing that is not the Soboles of their own Brains, or the result of their own undertake, then might I justly be discouraged to appear with this small demonstration of my Service to my Country; but being otherways persuaded of the generous Principles of this Age, that nothing which any way tends to the advancing of Knowledge, is any manner of way disliked; neither do the Criticisms of the envious hinder the Publication of Books of this nature; which was the great encouragement I had to make this Treatise appear in this Juncture. The earnest instigations of some friends urged it from my pri●●te retirements, which hath ●●en hid for some time. If it do not satisfy the inquisitive and curious Reader in every point, yet this he may be assured of, that any thing that hath escaped my knowledge, is not very material, as will appear by his further perusal. Kind Reader, use me discreetly in your censures, being it is the first undertaking, and if kindly received, may be an encouragement for me to serve you hereafter, upon some other as necessary occasion. Consider, it may happen that your own Works may be published, which likewise you would desire to be received with kind entertainment; Quoth wehee fieri non vis, alteri ne feceris; expecting your good construction of this, will be the greatest encouragement I can have hereafter to be serviceable to you. Farewell, A. M. THE CONTENTS. Chap. 1. Page 1. OF Scotland in general. Of its Name, Climate, Dimensions, Division, Air, Soil, Commodities, Moneys, Measures, Weights, Buildings, etc. Chap. 2. Page 16. Of the Laws of Scotland. Of Registers; of Letters of Horning and Caption, etc. A List of all the Kings of Scotland to His present Majesty. Of the Descent of the Crown. What a Convention of Estates is. The Prerogatives of the Crown. Chap. 3. Page 37. Of Succession, of the next Heirs to the Crown of Scotland. Chap. 4. Pag. 55. Of the present Princes and Princesses of the Blood. Chap. 5. Page 72. Of the Chief Officers of State. Of the Parliament. The Manner of their Election. Of the Riding of Parliament. The Choosing the Lords of the Articles. A List of all the present Nobility of Scotland. Of the Privy Counsel; with a List of the present Members thereof. Of the College of Justice. Of the Justice Court of the Exchequer. Chap. 6. Page 116. Of Inferior Courts. Of Sheriffdoms. A List of the Shires of Scotland, with the Names of the present Sheriffs. Of Courts of Regalities. Of a Barons Court. Chap. 7. Page 127. Of the Burroughs of Scotland. Of Burroughs Royal, Burroughs of Regalities, and Burroughs of Baronies. Chap. 8. Page 135. Of the Court of Admiralty. Of the Government of the Militia. Chap. 9 Page 141. Of the Church Government. Chap. 10. Page 182. Of Bishop's Jurisdiction. Of their Commissaries. Of the Court of Session. Of Presbyteries. A List of all the Presbyteries of Scotland. Of a Synod. Of the General Assemblies. Ch. 11, 12, 13, 14. P. 196, etc. Of the Universities of Scotland. A List of all the Commissioners that have been in Scotland since King James the 6th. 252 A Catalogue of the Chancellors of Scotland since the year 1198. 257 Writers of the Scottish History. 260 Books Printed for Jonathan Wilkins, Bookseller, at the Star in Cheapside, next Mercers-Chapel. A Philosophic Discourse concerning Man, being the Anatomy both of his Soul and Body, wherein the Nature, Origin, Union, Immateriality, Immortality, Extension and Faculties of the one, and the Parts, Humours, Temperaments, Complexions, Functions, Sexes and Ages respecting the other are concisely delivered, by S. H. Student in Physic. In 12. New and Curious Observations on the Art of Curing the Venereal Disease, and the Accidents that it produces in all its Degrees, Explicated by Natural and Mechanic Principles, with the Motions, Actions, Effects of Mercury, and its other Remedies, wherein are discovered on the same Subject, the Errors of some Authors, and the most notorious Cheats of Ignorant Pretenders: Written in French by Monsieur de Blegny, Chirurgeon in Ordinary to the French Queen, and Englished by Walter Harris, Dr. of Physic, lately Fellow of New College in Oxford. In 80. Miracles of Art and Nature: Or a Brief Description of the several Varieties of Birds, Beasts, Fishes, Plants, and Fruits of other Countries: With several other remarkable things in the World: By R. B Gent. In 80. The City's Exaltation by Uprightness: A Sermon preached at Guild-Hall Chapel, on Sunday, June 6 1680. before the Right Honourable Sir Robert Clayton, Lord Mayor of the City of London, and the Court of Aldermen: By John Rowley, Rector of Hemmingford-abbots', in the County of Huntingdon. Modesty Triumphing over Impudence: Or some Notes upon a late Romance, published by Elizabeth Cellier, Midwife and Lady Errand: Together with the Depositions of Richard adam's of Lincolns-Inn, Esq; against her, before His Majesty, and the Right Honourable, the Lords of His Majesty's Privy Council. OF SCOTLAND In General. CHAP. I. Of its Name, Climate, Dimension, Division, Air, Soil, Commodities, Moneys, Weights, Measures, and Buildings. SCotland maketh the Northern Part of Great Britain; it hath on the East the Germane Ocean, on the North the Deucalidon Sea, the West is affronted with Ireland, and is divided from England by the Rivers Tweed and Solway, and the Cheviot hills. Name. The name of Scots, from which the Kingdom is called Scotland, Originally is derived from Scota, Daughter to Pharaoh King of Egypt: The Ancient Histories of the Kingdom by unanimous consent, give this account of the Inhabitants of this Island, retaining that name unto this day: Scota being given in Marriage to Gathelus Son of Cecrops, King of Athens, in consideration of the eminent service, and assistance he performed in a War that Pharaoh had against the Ethiopians, to whose Valour, and the Grecians that accompanied him, the King imputed the Victory; Gathelus deserving so we●●, the King's Daughter was given to him in Marriage; while Pharaoh l●●●d, Ga●helus was in esteem with the ●●ople, having increased his reputa●●●● as well ●● h●s Lands: shortly after, Pharaoh dying, his Son of the same name, who so cruelly tormented the Israelites with Taxes and Bondage, having no regard to Gathelus, or his Services, began to use him inferior to what might be expected: Notwithstanding of this hard measure, Gathelus willingly would have afforded this Pharaoh his Service upon all occurrences; but being warned of the Plagues that should happen to the Egyptians, he made preparations to remove into some other Country, which he intended to have been Numidia; but being hindered to land there, he set Sail, passing thorough the straits, taking some valiant Grecians along with him: he at last landed in a part of Spain, then called Lusitania, but by reason of his Arrival▪ Port-gathell, now Portangell. This is said to be in the Year of the world 2453. After he had conquered this People, he came to 〈◊〉 North of Spain, where by reason of ●is abode, there was a Colony of 〈◊〉, whom he named Scots from 〈…〉 Scota, having two Sons, Hiber and Himicus, whom he sent to an Island, which he heard was opposite to Spain on the North, which afterwards had its name from Hiber, being called Hibernia, now Ireland; the People of the Isle being easily conquered, a great many Scots from Gallicia in Spain, being the name of the Colony where Gathelus first settled, were sent hither, keeping their name still: After sundry engagements with the Inhabitants, the Scots in Ireland became the stronger, and greater Party; of these descended many Valiant and Noble Men, who came with Fergusius, the first King of Scotland: to fight against the Picts, who cruelly and barbarously at that time insulted over some Scots who landed in Albion, being formerly of the Scots in Ireland. Fergusius, the first King of Scots (in Albion, now Scotland) Son to Ferqu hard, King of Ireland, was Crowned in the fatal Marble ●hair, the Year from the Creation of the World 3641. before the Coming of Christ 330. the first year of the 112 Olympiad, in the year 421. after the Building of Rome, about the beginning of the fourth Monarchy; when Alexander the Great vanquished Darius, the last Monarch of Persia, in the Reign of King Chimarus King of Britain's. Some conjecture that Scotland had its name from Scoti, or Scitty, or Scythy, from a People of Germany, over whose Northern Limits the name of Scythia did extend: of the truth of this there is no manner of ground in History: ●lim. Edinburgh is situated between the degrees of Latitude 56 d. 2 m. of Longitude 3 d. 0 m. from London West, longest day 17 hours 27 minutes. Aberdeen 57 d. 10 m. of Latitude 2 d. 20 m. Longitude; the most Northerly part of Scotland, is Dunsby head, whose Latitude is 58 d. 5 minutes. The longest day in the most Northern part in this place is 18 h. 8 m. Dimensions. It is in length about 480 miles; it is of a much disproportionable breadth, there being no place 60 miles distant from the Sea. Division. The Country is divided according to the Inhabitants, into High-land and Low-land: The People of the former live upon the Western Coast of Scotland, or in some out Islands, being a hardy People, much inclinable to War, who are in a continual readiness, whenever commanded by their Chief, as they love to call the most eminent Persons of their name or Clanne▪ Their weapons are commonly Bow and Arrows; a people that can endure all the hardships of War, being bred to all manner of cunning in relation thereunto; not much trusted by the Low-landers: Their Chiefs have a great Authority over them; they pay little or no Rent for the Lands they hold, being obliged, when their Chief calls them, to be upon all occasions at his service: It was the custom, when any of the Chiefs of these Clanns came to Edinburgh, they were attended with a numerous Train of these their Vassals; which appearing mutinous, was forbidden by an Act of Council: These Gentlemen being allowed to have the Attendants of their Menial Servants only; They espouse the quarrel of their Master, being much given to revenge; and it is observable, that for some generations the private quarrels of one Family against another, hath been pursued with such vigour, even almost to the ruin of both Parties. The names of these Clanns, are M ck. Donald, M ck. Naughtoune, M ck. Clean, etc. which reckon their Families to be of a very old standing in the Kingdom, by several Generals; some of seven hundred years and upwards, and others more. The Low-landers bordering on the East, have much of the disposition and civility of other Countries; their Language like the English; and in their Habit according to the Fashions from France. Again Scotland, according to the Situation of its Parts or Provinces, may be divided into two parts; To wit Southwards of the River Tay; which made the Ancient Kingdom of the Picts; and Eastwards and Northwards of the River Tay, which made the Ancient Kingdom of the Scots; besides abundance of little Islands lying round about. According to its Ecclesiastical Government, it is divided into two Provinces, viz. St. Andrews and Glascow; these two Provinces into several Dioceses: It was long after the Christian Religion was received in Scotland, that the Ecclesiastical Government was thus divided: For more full satisfaction of the Affairs of the Church, the inquisitive Reader may consult the most Reverend Archbishop Spotiswood, in his History of the Church of Scotland. The Christian Religion in the Year of our Lord 203. which was the fourth year of Donald the first, was publicly established; the King with his Queen, and many of the Nobility being then baptised; several years before this public manifestation, many people were converted to the Christian Faith. Tertullian, who lived some years before the Coronation of this King, speaking of the Propagations of the Gospel throughout the whole World, doth reckon among other Countries, the Parts of Britanny, unto which the Romans could not find access: And what these Parts were, are no doubt that little corner of the Island which the Scots did inhabit; all the Inland of Britanny being subject to the Romans. There be Authors of no small credit, who transmit to posterity, that St. Paul after his Imprisonment at Rome, did visit this Island, and did Preach the Gospel in the utmost parts thereof. Nicephorus writeth, that Simon Zelotes after he had traveled through Egypt, Cyrene, afric, Mauritania, and Lybia, came at last ad occidentalem oceanum insulasque Britannicas: and there Preached the Gospel: Dorotheus addeth, that he was Crucified in these parts: Others writ, as if Pope Victor did send Preachers, as first promulgers of the Gospel: but this is not very probable, being this Church, was not fashioned like to that of Rome in its rites, especially in the observation of Easter. These foregoing opinions are not grounded upon the surest testimonies of History; the writers of most credit give place to this conjecture: That when the Apostle St. John was banished into the Isle Pathmos, some of his Disciples took their refuge hither, and were the first Preachers of the Gospel: The more sober are inclinable to give credit to this, because in that contention moved about Easter, the Christians here for some two hundred years after did retain the custom of the Oriental Church, maintaining this by the Authority of St. John, from whom they pleaded to have received the Faith: Others are agreed that not long after the Ascension of our Lord, whilst the Apostle St. John yet lived, that the Faith of our Lord was known and embraced in this Kingdom: Origen saith that they are to be numbered inter primitias, among the first Fruits of the Gentiles gathered unto Christ: This made Petrus Cluniacensis call the Scots antiquiores Christianos, of greater antiquity than many others. Air. The Air is mild and temperate: The cold in the Winter towards the North is very sharp, but there being a great plenty of Wood and other firing, the Inhabitants do not suffer much by it: The heat in Summer is less scorching than in some parts of the Continent: There is no need of Stoves in Winter, nor Grottes in Summer. Soil. The Soil is very wholesome, abounding with Springs and Streams; there are some Navigable Rivers very convenient for Trade. Towards the North it's Mountainous, yet not wanting fruitful Valleys apt for Grain, Corn, or Wood Commodities. There is plenty every where of Sheep, Oxen, and Coneys, and in the North, of fallow Deer: great plenty of Hens, Ducks, Geese, Turkeys and Pigeons, Partridges, Sea-plover, Pewits, Woodcocks, Snipes, Plovers, Quails, Larks, and Herons, etc. with great plenty of Salmon, Trout, Carp and Pikes, etc. a great abundance of Herrings, Oysters, Cockles, Musles, Scate, Turbots, Freshling, and Lobsters, etc. there is not wanting Apples, Pears, Plums and Cherries: It abounds with Wheat, Barley, Rye, Beans, Pease and Oats; as also Butter and Cheese: There are likewise wild Ducks, wild Geese, etc. and many sorts of Sea Foul; for Raiment, there is no want of very fine Wool; for the Country People are clothed with freezes fit to defend them in their work from the cold: There is likewise plenty of Hemp and Flax; as for linen Cloth it is inferior to none for its goodness. For Building it wants not Stone, Slate, Alabaster, Marble, Morter nor Lime. For firing, Sea Coal, or Pit Coal almost every where at reasonable rates, and where this is wanting, in some places Wood, and in others Turfs or Peats. Moreover Scotland produceth a great quantity of Tin, Led, Copper, Allom, Salt, Hops with several silver Mines: it is counted to be richer under ground than above, by reason of the Mines, which when tried, yield much in their quantities of Ore. Coins. As to the Coins, note that 13½ d. sterl. makes a Mark, or 13 Shil. 4 d. Scotish, 20 d. sterl. is 20 Shil. or a Scotish l. and 20 Shil. sterl. is 18 Scotish Marks. Measures, and Weights. The Measures for length is the Ell, and is about 4 per cent. greater than the English Ell. The liquid Measures are such as are in England but of a double continent: a Pint being almost two English Quarts, and a Scotish Quartfield one English Gallon, and so answerable: Their dry Measures are likewise of a bigger continent than these in England. Buildings. The Churches are of solid Stone; most of the Cathedral and Collegiate Churches demolished, and by what remains of some, may be judged to have been very ample and magnificent. The first Reformers being more zealous than prudent, in rasing from the very foundation most of the renowned Abbeys and Churches: Houses in Cities are built with Stone, and in many places covered with Slate: The Houses of the Nobility and Gentry are well furnished; being all built with Stone; not much valuing Tile or Brick. CHAP. II. Of the Laws of Scotland: The Names of Kings, the King's Power and Prerogatives, how long the Crown hath been in the Family of the Stewarts, what a convention of Estates is. THE Law of Scotland is made up of the Municipal and Civil Laws: The Municipal consists either of Acts of Parliament, or of the Custom, and Practices of the College of Justice; which are held of no less force than Acts of Parliament, and when neither of these contradicts; the Civil Law is of force: The Lawyers being generally great Civilians, for they go to Leiden, Poitiers or Bourges to study the Civil Law, in which some are learned to a high degree. Registers. The Law of Scotland is easy and regular, by reason of Registers, which are so full, that Titles are much more easily learned where those Registers are, than can be done without them; by this means, Men are not cheated in buying or conveying Estates; which may appear from these following instances. 1. No man can have a right to any Estate, but by his being seized of it; which is done by the delivery of Earth, and Stone, upon which an instrument is form, called a Sasine, and this must be registered within 60 days: otherwise it is of no force; by which means all secret conveyances are cut off; for if no Sasine be passed upon them; or if these be not put in the Registers, (which every one may search) the conveyance is of no force. 2. All Bonds have a clause in them for inserting them in the public Registers, and they being Registered, without any further action, by a Charge of six days the Debtor must make payment, otherways, Writs called Letters of Horning Caption, and poinding are given out, by the first of which, the party is under outlawery and Rebellion, and forfeits to the King his Personal Estate: and if he continues a year under it, the liferent of his real Estate; in which the Creditor is to be preferred for his interest; the rest goes into the Exchequer: By the Letters of Caption the party is seized on, and put in Prison; nor is his House a place of security, but may be searched for him; by the Letters of poinding the Debtors Goods may be distrained, wherever they can be found. A third instance is, that any Creditor may serve a Writ on his Debtor, called Letters of Inhibition, by which he can make no disposition of his goods, or Estate, till the party be satisfied; and is null and to no effect that he doth after, if these Letters be returned Registered within 21 days after they are served; otherways they have no force: thus this ancient Kingdom is governed by the Civil Law as in many other things might be instanced, by which they securely enjoy what they have or may purchase. The Kingdom of Scotland hath been governed by Kings, in as long a Succession as any Nation in the World as by this ensuing Catalogue of the Kings may appear, each of them lineally succeeding others, since Fergusius, the first King, in the year from the Creation of the World 3641. Fergusius. Feritharis. Mainus. Dornadilla. Nothatus. Rutherus. Reutha. Thereus. Josina. Finnanus. Durstus. Evenus 1. Gillus nothus. Evenus 2. Ederus. Evenus 3. Metellanus. Caratacus. Corbredus. Dardanus. Corbredus 2. Galdus Cog. Luctacus. Mogaldus. Conarus. Ethodius 1. Satrael. Donaldus 1. Ethodius 2. Athirco. Nathalocus. Findochus. Donaldus 2. Donaldus 3. Crathlinthus. Fincormachus. Romachus. Angusianus. Fethelmachus. Eugenius 1. Fergusius 2. Eugenius 2. Dongardus. Constantinus 1. Congallus 1. Goranus. Eugenius 3. Congallus 2. Kinnatollus. Aidanus. Kennethus. Eugenius 4. Ferchardus 1. Donaldus 4. Ferchardus 2. Malduinus. Eugenius 5. Eugenius 6. Amberkelethus. Eugenius 7. Mordacus. Etfinus. Eugenius 8. Fergusius 3. Salvathius. Aihajus. Congallus. Dongallas. Alpinus. Kennethus 2. Donaldus 5. Constantinus 2. Ethus. Gregorius. Donaldus 6. Constantinus 3. Milcolumbus 1. Indulfus. Duffus. Culenus. Kennethus 3. Constantinus 4. Cog. Calvus. Grimus. Milcolumbus 2. Donaldus. Milcolumbus 3. Donaldus Banus. Duncanus. Edgarus. Alexander 1. Cog. Acer. David 1. Milcolumbus 4. Guilielmus. Alexander 2. Alexander 3. Joannes Balliolus. Robertus Brussius David 2. Edw. Balliolus. Robertus 2. Robertus 3. Jacobus 1. Jacobus 2. Jacobus 3. Jacobus 4. Jacobus 5. Henricus Stuartus cum Maria Stuarta. JACOBUS 6. Carolus 1. Carolus 2. In all 109. The King is an absolute and unaccountable Monarch, and (as the Law calls him) a free Prince of a Sovereign Power, having as great Liberties and Prerogatives by the Laws of this Realm, and privilege of his Crown and Diadem, as any other King or Potentate whatsoever; so that is delivered as a maxim in the heads of our Law. That ᵒ all jurisdiction stands and consists in the King's Person, by reason of his Royal Authority, and Crown, and is competent to no Subject; but flows and proceeds from the King, having supreme jurisdiction; and is given and committed by him to his Subjects, as he pleases, which clearly demonstrates his Royal Prerogative. The Crown descends by Inheritance, the Heir female, not being excluded; and to this day the undoubted Right to it, has been above three hundred years in the family of the Stewarts, and is now in the Person of King Charles the Second: His Majesty's Title is Dei Gratia of Scotland, England, France, and Ireland, King, defender of the Faith, whom God long preserve in the Throne of his Ancestors; upon the Death of a King there is no Inter-Regnum; the next Heir is presently King, the Coronation being only a solemn Instalment, in that which was his right before: before their Coronation, they hold only convention of Estates, but no Parliaments before they are Crowned. A Convention of Estates is made up of the same Members that constitute a Parliament; but can make no Laws, only they can lay impositions on the Subjects. They do not sit in State; they have been most used before the Kings were Crowned: the Lord Chancellor is precedent in the Convention of Estates as well as in Parliaments. When a King is Crowned, he swears the Oath appointed to be taken at the Coronation: which before the Reformation was no other, than that set down in the Roman Pontificial, sworn by Kings, for there is no provision made about it in our Law; but at the Reformation it was enacted, That all Kings at the time of their Coronation, should make their faithful promise by Oath to govern according to Law, and maintain the Protestant Religion, etc. which Oath is to be found in that Act of the first Parlia. Jac. 6. C. 8. Anno 1567. Prerogatives of the Crown. The Prerogatives of the Crown are great, as Power of Peace, and War, the Power of raising, and arming the Subjects, the Power of the Mint, the nomination of all Officers both of State and of War, and of Justice: (except some Sheriffs that are such by Inheritance) the Power of calling, adjourning (Prorogation is not in our Law) and dissolving of Parliaments, the giving the Votes of Parliament, the Authority of Laws, the executing of the Law, and the pardoning of offences, are wholly and only in the Crown. Church Government. But to these, since His Majesty's Happy Restauration, great additions hath been made: In the Reign of King James the sixth, the Power of general Assemblies was raised very high by Law, which occasioned the sad disaster in the Church, and laid a foundation to all the late troubles of the State, notwithstanding the Supremacy in Ecclesiastical Affairs was always in the Crown, since the Reformation: yet it was pretended as contrary to Law, for the King to introduce any thing into the Church, without the consent of the general Assembly: It was therefore enacted in Parliament, Act 1. 2. Parl. held by the Duke of Lauderdale: That the external Government and polity of the Church was wholly in the King's Power; and that his Order sent to the Privy Council, and published by them, about all Ecclesiastical Matters, Meetings and Persons were to be obeyed by his Subjects, any Law or practice to the contrary notwithstanding: So that in all matters that relate to the Church-Government, the King's Power is absolute. Militia. The second point is concerning the Militia: By the Ancient Laws of Scotland, all the King's Subjects were to assist him in Wars; upon which a great Enlargement of the King's Prerogative was grafted at last, by two Acts of Parliament. The Kingdom of Scotland offering to the King to Raise and Arm twenty thousand Foot, and two thousand Horse, and to furnish them with forty day's Provision, to march into any of His Majesty's Dominions of Scotland, England, or Ireland, for suppressing any Foreign Invasions, Intestine Trouble, or Insurrection, or for any other Service, wherein His Majesty's Honour, Authority or Greatness may be concerned. And these Forces by another Act, are to give due Obedience to all such Directions, as they shall receive from His Majesty's Privy Council. Trade. A third point is, The ordering and disposing of Trade with Foreign Nations, and the laying of Restra●nts and Impositions upon Foreign Imported Commodities, which is declared a Prerogative of the Crown. With these Sacred Prerogatives is the Crown of Scotland invested; not inferior to any Crown in Europe for its Dignity and Power. The King only, and the King alone by His Royal Prerogative, hath Power, without Act of Parliament, to declare War, to make Peace, make Leagues and Treaties with any Foreign States; give Commissions for levying Men and Arms by Sea or ●● Land; yea for pressing Men, 〈…〉: The King only, and the King alone, disposes of all Magazines, Ammunitions, Castles, Fortresses, Ports, Havens, and public Moneys. The King appoints the Metal, Weight, purity and value of Money; and by his Proclamation any Foreign Coin may be lawful. The King by His Royal Prerogative, of His mere will and pleasure, may convoke, adjourn, remove, and dissolve Parliaments; may to any Act passed in Parliament, refuse to give, (without rendering any reason) His Royal Assent, without which, a Bill is a mere Chimaera: May at His pleasure increase the number of the Members of Parliament, as daily experience testifieth, by creating more Barons, and bestowing privileges upon other Towns to send Burgesses to Parliament: Yea may call to Parliament by Writ whom His Majesty thinketh fit, and may refuse to send His Writ to others that have sat in other Parliaments. His Majesty alone hath the Choice and Nomination of all Magistrates, Counselors, and Officers of State; of all Bishops, and other High Dignities of the Church; the bestowing of all Honours, both of the higher and lower Nobility of Scotland. It is in the power of the King alone to choose, and name all Commanders, and other Officers, at Sea or Land: The power of determining Rewards for Services, and Punishments for Misdemeanours. The King by His Letters Patent may erect new Counties, Bishoprics, Universities, Cities, Burroughs, Hospitals, Schools, Fairs, Markets, Courts of Justice, and Free Warants, etc. The King by His Prerogative hath power to enfranchise an Alien; whereby he is enabled to purchase Houses or Lands, and to bear some Offices: Hath power to grant Letters of Mart, or Reprisal. No Proclamation can be made but by the King: The King only can give Patents in case of Losses by Fire, to receive the Charitable Benevolences of the people; without which no man may ask it publicly. The King by His Prerogative, is Vltimus Haeres Regni, and is the Receptacle of all Estates, when no Heir appears: For this cause all Estates for want of Heirs, or by forfeiture, fall to the King: All Spiritual Benefices, for want of Presentation by the Bishop, are lapsed at last to the King, all Money, Gold, Silver, Plate, found (and the owners not known) belongs to the King; so all Wayfs, Strays, Wrecks, not granted by him or any former Kings, all waste Ground or Land recovered from the Sea, all ●ands of Aliens before Naturalisation, and all things whereof the property is not known, all Gold and Silver Mines, in whose Ground soever they are found. The King's Power in the Church. In the Church the King's Prerogative is great: he only hath the Patronage of all Bishoprics, none can be chosen, whom he hath not first nominated, none can be consecrated Bishop, or take possession of the Revenues of the Bishopric, without the King's special Writ or Assent: He is the nursing Father of the Church, the King hath Power to call a National Synod, and by his Commissioners to make constitutions relating to the Government, and polity of the Church: This National Synod was styled the General Assembly, which according to its Constitution and Authority settled in King James the sixths' minority, was made up of two Ministers, Commissioners from every Presbytery, and one lay Elder, a Commissioner from every Royal Burrough, one from every University, & one f●om the King: These had the Supreme Authority about a●l Church-matters: How much trouble this Assembly General bred King James the sixth, and the pretensions the Church made afterward, the sad desolations of the Church of Scotland in these times do sufficiently bear witness: A shadow of this still remains, for the Supreme Ecclesiastical Court is declared to be a National Synod made of Bishops, and Deans, and two Ministers from every Presbytery, one of whom is of the Bishop's nomination, and a Commissioner from every University, yet nothing is to be proposed, but by the King or his Commissioner, nor can any thing that they do, be of force: till it be ratified by the King; but of this Synod their is no need, being the King's Supremacy is so large, it is evident, that the King is over all Persons, as well in ecclesiastics, as Civil, Supreme. From the King of Scotland there is no appeal in Ecclesiastical Affairs to the Bishop of Rome, as it is in other principal Kingdoms of Europe. There is no appeal in civil Affairs, as in other Dominions of Christendom, nor, in either Ecclesiastical or Civil, to the People, who in themselves, o● by their Representatives in Parliament, were ever subordinate to the King. The King being the only Sovereign, and Supreme Head, is furnished with plenary Power, Prerogative, and Jurisdiction to render Justice to every Member within his Dominions: He may be properly called (as all great Princes) God's Vice gerent, being so much Majesty and Power is represented by him, whereby the People have so much the higher esteem, and more reverend awfulness of him; for if that fails, nothing can be expected but confusion, impiety, and calamity. The Ancient Christians, out of an high respect to their Christian Kings, and Emperors, used to attribute the Titles of God, though imperfectly, and analogically in them, yet essentially and perfectly only in God, and the good Christians of these times, out of their excess of respect, were wont to swear by the Majesty of the Emperor (as Joseph once by the life of Pharaoh) some writers of that Age seem to justify it, as being done only to beget a respect in these times in the hearts of the People for their Kings. The King is not subject to Death, because he is a Corporation in himself, that liveth for ever: All Interregna being unknown in Scotland, the same moment that one King dies, the next Heir is King fully, and absolutely, without any Coronation, Ceremony, or Act to be done. The King is every where in all His Courts of Justice, in all His Palaces; therefore it is that all His Subjects stand bare in the Presence-Chamber, wheresoever the Chair of State is placed, though the King be many miles distant from thence: By his Prerogative of pardoning whom the Law hath condemned, the King is in a manner invested with Omnipotency, by raising men from Death to Life: Can create to the highest Dignity, and annihilate the same at pleasure: All punishments proceed from him in his Courts of Justice, and it is not lawful for any Subject to revenge himself. In consideration of these and other transcendent Excellencies, no King in Christendom, nor other Potentate receives from H●s Subjects more Reverence, Honour and Respect, than the King of Scotland: All His people at their first Addresses kneel to him; all persons (not the Prince nor the Heir apparent excepted) stand bare in the presence of the King, and in the Presence-Chamber, though in the King's absence. The King's only Testimony of any thing done in his presence, is of as high a nature and credit, as any Record; and in all Writs sent forth for dispatch, he useth no other Witness but himself; viz. Teste meipso. CHAP. III. Of Succession, and the next Heirs to the Crown of Scotland. THE King of Scotland hath Right to the Crown by Inheritance, and the Laws and Customs of the Kingdom; upon the Death of the King the next of kindred, though born out of the Dominions of Scotland, or born of Parents, not Subjects of Scotland, is immediately King before any Proclamation, Coronation, publication, or consent of Peers or people: The Crown descends from Father to Son, and his Heirs; for want of Sons to the Eldest Daughter, and her Heirs; for want of Daughters, to the Brother, and his Heirs; and for want of a Brother to the Sister, and her Heirs. The Salic Law or Custom of France, hath here no more force than it had anciently among the Jews, or in Spain, and other Hereditary Kingdoms: The Salic Law is of force only among the French, Turks and Barbarians, and hath been so of a long time. At the Death of the King, die not only the Offices of the Court, but all Commissions granted to Judges. In the King's Infancy, a fit person of the Nobility is made choice of in Parliament, who by nature or alliance hath most interest in the preservation of the Life and Authority of the Infant. In Scotland the King being absent, by His Majesty's Commission, the Lord High Commissioner, to whom the King commits the grand and weighty Affairs of the Kingdom, doth by Instructions from His Majesty, regulate the Affairs, and redresses the Grievances of the Kingdom. Of the present King of Scotland. The King now Reigning, is Charles the Second of that name; his name of Baptism Charles, in the Germane Tongue signifies one of a masculine strength or virtue. Surname. His surname is Stuart, which first, by Office, was given to Walter, Father to Robert King of Scotland, from whom our present King is descended; he was grand Senescal, or High Steward, or Stuart of Scotland, as bearing such an Office; by a long and vulgar error it hath so prevailed, that it was accounted the surname of the Kings of Scotland, and of many Families descended from them. The Genealogy. The King, now Reigning, is Son to King Charles the Martyr, and the Princess Henrietta Maria, Daughter of King Henry the Great of France, from which two Royal Stocks, he hath in his veins all the Royal 〈◊〉 of ●●rope concentred; he is descen●●●●●neally, & lawfully from Scotish Kings, for almost 2000 years; the King now Reigning the 109th; so that for Royal Extraction and long line of just descent, His Majesty now Reigning, excels all the Monarches of all the Christian, if not of the whole world. Birth. He was born the 29th of May 1630. at the Royal Palace of St. James'; over which house, the same day at noon, was seen by thousands a Star, and soon after the Sun suffered an Eclipse; a sad presage, as some then divined, that this Prince's power should for some time be Eclipsed, as it hath been, and some Subject, signified by a Star, should have extraordinary splendour. Baptised. Was Christened the 27th of June following, by the then Bishop of London, Dr. Laud. Had for his Godfathers, his two Uncles, Lewis the 13th King of France, and Frederick Prince Palatine of the Rhein, then called King of Bohemia, represented by the Duke of Richmond, and Marquis of Hamilton: His Godmother being then the Queen Mother of France, represented by the Duchess of Richmond. Had for Governess, Marry Countess of Dorset. In May 1633. he was first Knighted, and immediately after he was made Knight of the Garter, and installed at Windsor. Education. At the Age of Eight he had for Governor, the Earl, afterwards Marquis, now Duke of Newcastle, and after him the Late Earl of Berkshire; and for Tutor or Praeceptor Dr. Duppa, than Dean of Christ Church, after Bishop of Salisbury, and lately of Winchester. At the Age of Twelve, was with the King his Father at the Battle of Edge Hill; and soon after, at Oxford was committed to the care of the Marquis of Hertford. About Fourteen years old, was in the Head of an Army in the West of England: At the Age of Fifteen a Marriage was proposed between him and the Eldest Daughter of the King of Portugal, the Infanta Joanna since deceased: Two years after was from Cornwall transported to the Isle of Scilly, and after to Jersey, and thence to his Royal Mother to St. Germains, near Paris: At this time the Parliament in England being at variance with the King. A little time after, he was at Sea, with some Naval Forces, endeavouring to rescue the King his Father, then in the Isle of Wight, out of the wicked hands of his Rebellious Subjects: Not many months after, upon the sad news of the horrid Murder of his Royal Father, he was in Holland first saluted King, and soon after proclaimed in Scotland, being not yet nineteen years of Age. At the Age of Twenty, from Holland he landed in Scotland, June 1650. and in January following, to the joy of His Loyal Subjects there, he was Crowned at Scoone, the place where his Ancestors had been Crowned: At his Coronation there was this Solemnity: A Reverend and Learned Divine, Mr. Robert Douglass, preaching a Sermon concerning the Dignity and Honour due to Kings; all the Nobility being present, he was invested with the Regalia. The Crown being put upon his Royal Head, he was by the joyful Acclamations of his people saluted King; all of them present with one voice crying out, God save the King, God save the King, God save the King: These precise times not allowing the ordinary Rites of Coronation. The third of September 1651. fought the Battle of Worcester, whence after the unfortunate loss of his whole Army, wand'ring in disguise about England for six weeks, and most wonderfully preserved, he was, at length, transported from a Creek near Shoram, in Sussex, to Feccam, near Haure de Grace in France; in which Kingdom, with his Royal Brothers, and divers Scotish and English Nobility, Cle●gy and Gentry, he was for some years received, and treated as King of Scotland and England. Afterwards he passed his time in Germany, Flanders and Spain in the studies and exercises most befitting a Prince, until the year 1660. at which time being at Brussels in the Spanish Territories, perceiving a general inclination of his Subjects in England to receive him, he providently removed himself to Breda, within the Dominions of the United Provinces, in the Netherlands, and thence in May to the Hague: After a little abode there, by the humble invitation of his Scotish and English Subjects, he embarked at Scheveling, the 23 of May 1660. and with a gallant Fleet, and gentle gale of wind, landed the 25th at Dover, and on the 29th following, being his Birthday, and then just 30 years of Age, he entered into London, being attended with most of the Nobility and Gentry of the Three Kingdoms, where he was received with the greatest and most universal Joy and Acclamations, and Magnificence, that could possibly be expressed: And on the 23d of April 1661. was Crowned with great Solemnity & Ceremony at Westminster. His Majesty's life hath been full of wonders: But three passages especially seem miraculous: First at his Birth, a bright Star seen over him at Noonday, by many thousands. Secondly, His escape in, and after the Battle of Worcester, when being in the very heart of England, forsaken by all; a sum of money by public Act promised to those that should discover him; and penalty of High Treason to any one that should conceal him, when he was seen, and known by many persons of all sorts and conditions, whereof divers were very indigent, and so very subject to be tempted with the proposed Reward, and divers of the Female Sex, and so most unapt to retain a secret: When he was necessitated to wait so many weeks, and appear in so many places and companies, before a fit opportunity of Transportation could be found. Thirdly, His Majesty's Restauration, (quip impossibile fuit filium tot precationum, & tot lacrymarum, & tot miraculorum periisse) that after so many years' dispossession, his most inveterate, potent, subtle enemies in full and quiet possession, on a sudden the desire of him should, like Lightning, or a mighty Torrent, run over his Kingdoms, in such a manner, that he should be solemnly invited, magnificently conducted, and triumphantly received, without blood, blows, bargain, or any obligation to any Foreign Prince or Potentate. This was the Lord's doing, and must for ever be marvellous in our eyes. Justly might the Great Turk, hearing of His Majesty's Restauration, declare, if he were to change his Religion, he would adore, and worship the God of the King of Great Britain. Of His Sacred Person, of His Life and Safety, the Laws of Scotland are so tender, that it is High Treason only to imagine, or intent the Death of the King: And because by imagining, or conspiring the Death of the King's Counsellors, or great Officers of his Household, the destruction of the King might ensue, the Law hath provided they should be punished with Death: The King's Person is in so high an esteem, that to offend against those persons that represent the King, as to kill some of the Crown Officers, or the King's Judges, or to counterfeit the King's Seal, or his Moneys, is made High Treason, because, by all these the King's Person is represented; and High Treason is so horrid, that besides loss of Life and Honour, Real and Personal Estate to the Criminal: His ●●irs also are to lose the same for ever, and to be ranked amongst the Peasantry and Ignoble, till the King shall please to restore them. The Law, by no means, will suffer an Idiot or Lunatic to go unpunished in case of Treason against the King, (who cannot be said to have any will, and so cannot offend) who during his Idiocy or Lunacy, shall kill, or go about to kill the King; he shall be punished as a Traitor; yet being non compos mentis, the Law holds he cannot commit Felony, or petty Treason, nor other sorts of High Treason. Moreover, for the precious regard of the Person of the King, no Physic ought to be administered to the King, but what his Physicians prepare with their own hands, and not by the hands of an Apothecary; and to use no Chirurgeons, but such as are sworn the King's Chyrurg●ons. All His Subjects, by Oath of Allegiance, are obliged and bound to defend His Person, in his natural, as well as political capacity, with His own life and limbs: He is Pater Patriae; & dulce & decorum est pro Patria mori: To lose life or limb in defending the King from Conspiracies, Rebellions, or Invasions, or the Execution of His Laws, should seem a pleasant thing to every Loyal hearted Subject. The King's Revenue anciently consisted most in Crown-Lands, which could not be alienated, but by Act of Parliament, and in the Wards and Marriages of the Vassals of the Crown: But most of these have been of late years given away, and most of the Tenors of Lands are changed, although there has been no general Law for taking away the Wards: The Revenue is now raised out of the Customs and Excise: The last is given this King for life; but the former is in the Crown for ever: The rest is raised out of what remains of the Crown-Lands, and the Wards. The King of Scotland beareth for his Sovereign Ensigns Armorial, as followeth, a double Tressure counterflowered de Lys Or, and a Lion Rampant Gules. Of the Present Queen of Scotland, England, etc. Donna Catherina Infanta of Portugal, being Queen Consort of Scotland, England. etc. and the Second Person in the Kingdoms, was Daughter of Don Juan the fourth of that Name, King of Portugal, and of Donna Lucia Daughter of Don Guzman El bueno, a Spaniard, Duke of Medina Sidonia, who was Lineally descended from Ferdinando de la Cerde, and his Consort Blanch: To whom Lewis King of France, her Father relinquished his Right and Title to Spain, descended to him by his Mother Blanch, Eldest Daughter and Heir of Alphonso, the Spanish King. The Queen was born the fourteenth of Novemb. 1638. at Villa Vicosa in Portugal: she was baptised Catherina, signifying in Greek pure: her Father being then Duke of Briganza (though right Heir of the Crown of Portugal) the most potent Subject in Europe; for a third part of Portugal was holden of him then, in Vassalage. The Queen is only Sister, at present, of Don Alphonso, the sixth of that Name, and twenty third King of Portugal; ●orn 1643. Hath another Brother more called Don Pedro, born 1648. who is now Regent of the Kingdom of Portugal. Having been most carefully and piously educated by her Mother, and at the Age of twenty two, desired in Marriage by King Charles the Second, (the Marriage not long after concluded by the Negotiation of Don Francisco de Melo Con. de Ponte Marquis de Saved, and then Extraordinary Ambassador of the King of Portugal) and solemnised at Lisbon: she embarked for England upon the twenty third of April, 1662. and was safely, by the Earl of Sandwich, conducted by a squadron of Ships, to Portsmouth, where the King first met her, and was Remarried by the then Bishop of London, who afterwards was Archbishop of Canterbury. On the 23d. of August 1662. Her Majesty coming by Water from Hampton Court, was with great pomp and magnificence, first received by the Lord Mayor and Aldermen of London, at Chelsey, and thence conducted by Water to Whitehall. The Portion she brought with her was eight hundred millions of Reas, or two millions of Crusadoes, being about three hundred thousand pounds sterling, together with that important place of Tangier upon the the Ghost of afric, and the Isle of Bombaim, near Goa, in the East-Indies; with a privilege that any Subjects of the King of Great Britain, etc. may Trade freely in the East and West-Indies Plantations, belonging to the Portuguese. The Queen's Jointure, by the Articles of Marriage, is thirty thousand pound sterling per annum, and the King, out of his great affection toward her, hath, as an Addition, settled upon her 10000 l. per annum more. The Queen's Arms, as Daughter to the King of Portugal, is Argent, Five Scutcheons Azure ; each Scutcheon charged with Five Plates or Besants Argent saltier-wise, with a Point sable, the Border gules, charged with Six Castles Or. Queen Catherine is a Personage of rare perfections, of eminent Piety and Modesty, and extraordinary Religious and Charitable. CHAP. IU. Of the present Princes and Princesses of the Blood: And first of the Duke of Albany and York. THE First Prince of the Blood, is the most Illustrious Prince, James Duke of Albany and York, Second Son to King Charles the Martyr, and only Brother to the present King our Sovereign. He was Born Octob. 14. 1633. the 24th of the same month was Baptised, and afterward committed to the Government of the then Countess of Dorset. There was no Ceremony used in England when he was created D. of York, which was the 27. of July 1643. the iniquity of these times not admitting thereof: Scotland not being so happy as to have him, or any of the Royal Family at that time among them. After the Surrender of Oxford, His Royal Highness was in 1646. conveyed to London, by the prevailing disloyal Part of the Two Houses of Parliament, and committed with his Brother Gloucester, and Sister Elizabeth, to the care of the Earl of Northumberland. In the year 1648. Aged about Fifteen, was by Colonel Bampfield conveyed in a disguise, or habit of a Girl beyond Sea; first to his Sister, the Princess Royal of Orange in Holland, and afterwards to the Queen his Mother, then at Paris; where he was carefully educated in the Religion of the Church of England, and in all Exercises meet for such a Prince. About the Age of Twenty, in France he went into the Campagne, and served with much Gallantry under the great Commander, the than Protestant Marshal de Turene, for the French King, against the Spanish Forces in Flanders. Notwithstanding which, upon a Treaty between the French King and Cromwell the Usurper in 1655. being obliged with all his Retinue to leave the French Dominions, and invited into Flanders by Don Juan of Austria, he there served under him, against the French King, then leagued with the English Rebels against Spain; where his Magnanimity and Dexterity in Martial Affairs though unsuccessful) were very eminent. In the year 1660. came over with the King into England, and being, Lord High Admiral in the year 1665. in the War against the United States of the Netherlands, commanded in Person the whole Royal Navy, on the Sea, between England and Holland, where with incomparable valour, and extraordinary hazard of his own Royal Person; after a most sharp Engagement, he obtained a signal Victory over the whole Dutch Fleet, commanded by Admiral Opdam, who perished with his own, and many more Dutch Ships in that Fight. He married Anne, the Eldest Daughter of Edward Earl of Clarendon, late Lord High Chancellor of England, which Lady is deceased; by whom he had a numerous Issue; whereof are living first the Lady Mary, now Princess of Orange, Born April 30. 1662. whose Godfather was Prince Rupert, and Godmothers the Duchess of Buckingham, and Ormond: His Royal Highnesses other Daughter is the Lady Anne, Born in Feb. 1664. whose Godfather was Gilbert, than Lord Archbishop of Canterbury: Her Godmothers were the young Lady Marry her Sister, and the Duchess of Monmouth. This present Duchess hath had several Children, but are all dead: Her Royal Highness is Daughter to the Duke of Modena in Italy. The Titles of His Royal Highness are Duke of Albany and York, Earl of Ulster, Lord High Admiral of Scotland, etc. Of the Prince of Orange. Next to the Duke of York and his Issue, is William of Nassaw, Prince of Orange, only Issue of the deceased Princess Royal, Mary, Daughter to King Charles the First, and wedded 1641. to William of Nassaw, Commander in Chief of all the Forces of the State's General, both by Land and by Sea. His Highness the present Prince was Born Nine days after his Father's Death, on the 14th day of November 1650. had for his Godfathers, the Lords States General of Holland and Zealand, and the Cities of Delft, Leyden, and Amsterdam. His Governess was the Lady Stanhop, than Wife to the Heer Van Hemuliet: At Eight years of Age was sent to the University of Leyden. His yearly Revenue is about 60000 l. sterling, besides Military Advantages: He is a valorous Prince, and a great example of Valour and Courage; besides, a great lover of Soldiers. Of the Princess Henrietra. The next Heir (after the fore named) to the Crown of Scotland, is the Princess Henrietta her Issue, who we Born the 16th day of June 1664. at Exeter, during the heat of the Late Rebellion: After the surrender of Exeter, conveyed to Oxford, and thence 1646. to London, whence with her Governess the Lady Dalkeith, she escaped into France, was there educated, as became her high Birth and Quality; but being left wholly to the care and maintenance of the Queen her Mother at Paris, embraced the Romish Religion. At the Age of sixteen was married to the only Brother of the French King, the Illustrious Prince Philip, than Duke of Aujou, till the death of the Uncle, and now Duke of Orleans, whose Revenue is 1100000 Livers Tournois, besides his Appanage. Her Portion was 40000 l. sterl. her Jointure to be the sa●e with the Duchess Dowager of Orleans: This Princess had one Daughter who is now married to the King of Spain. Of the Prince Elector Palatine. There being left alive no more of the Offspring of King Charles the First, the next Heirs of the Crown of Scotland, are the Issue, and Descendants of Elizabeth, late Queen of Bohemia; only Sister to the said King, who was married to Frederick Prince Palatine of the Rhine, afterwards styled King of Bohemia; whose Son was Charles Lodowick, Prince Elector Palatine of the Rhine, commonly called the Palsegrave, from the High Dutch Psaltzgraff, Palatii comes; was Born the 22d of Decemb. 1617. at Heydelberg, and afterwards at the Age of three or four years conveyed thence into the Countries of Wittenberg and Brandenburg, then into Holland; and at the Hague, and at the University of Leyden, was educated in a Princely manner: At the Age of Eighteen years, came into England, was created Knight of the Garter; about two years after, fought a Battle at Vlotta in Westphalia. In the year 1637. passing incognito thorough France, to take possession of Brisach upon the Rhine, which the Duke of Saxon Weymar intended to deliver up unto him; together with the Command of his Army: he was by the quicksighted Cardinal Richlieu discovered at Moulins, and thence sent back Prisoner to the Bois de Vincennes, where after twenty three week's Imprisonment, he was by the mediation of the King of Great Britain, set at Liberty. In the year 1643. he came again into England, and with the King's secret Consent, (because the King could not continue unto him the wont Pension, whilst the Rebels possessed the greatest part of His Majesty's Revenues) made his Address to, and abode with the disloyal part of the Lords and Commons at Westminster, until the Murder of the said King, and the Restauration of the Lower Palatinate, according to the famous Treaty of Munster, for which he was constrained to quit all his Right to the upper Palatinate, and accept of an Eighth Electorship, at a juncture of Time, when the King of Great Britain (had he not been engaged at home by an impious Rebellion) had been the most considerable of all others at that Treaty, and this Prince, his Nephew, would have had the greatest Advantages there. In the year 1650. he espoused the Lady Charlotte, at Cassele Daughter to the Landgrave of Hessen; he had one Son named Charles, who is now present Prince Palatine of the Rhine; a hopeful and magnanimous Prince: He had likewise one Daughter named Charlotte. This being all the Issue he left behind him. Of Prince Rupert. Next to the Issue of the Prince Elector Palatine, is Prince Rupert, Born at Prague the 17th of December 1619. not long before that very unfortunate Battle there fought, whereby not only all Bohemia was lost, but the Palatine Family, was for almost thirty years dispossessed of all their possessions in Germany. At Thirteen years of Age he marched with the then Prince of Orange, to the Siege of Rhineberg; afterwards in England was created Knight of the Garter. At the Age of Eighteen he Commanded a Regiment of Horse in the Germane Wars, and in the Battle of Vlotta 1638. being taken by the Imperialists under the Command of Count Hatzfield; he continued a Prisoner above three years. In 1642. returning into England, made General of the Horse to the King's Fights, and Defeats Colonel Sands near Worcester: Routed the Rebel's Horse at Edge-Hill; took Cirencester; raised the Siege of Newark; recovered Lichfield, and Bristol; raised the long Siege before Lathamhouse; fought the Battle at Marston-Moor; was created Earl of Holderness, and Duke of Cumberland, after the extinction of the Male-line of the Cliffords 1643. Finally, The King's Forces at Land, being totally defeated, he transported himself into France, and was afterwards made Admiral of such Ships of War, as submitted to King Charles the Second, to whom after several disasters at Sea, and wonderful preservations, he returned to Paris 1652. where, and in Germany, sometimes at the Emperor's Court, and sometimes at Heydelberg, he passed his time in Princely Studies and Exercises, till the Restauration of His Majesty now Reigning; after which, returning into England, was made a Privy Councillor in 1662. and in 1666. being joined Admiral with the Duke of Albemarl, first attacked the whole Dutch Fleet, with his Squadron, in such a bold resolute way, that he put the enemy soon to flight. He enjoys a Pension from His Majesty of 4000 l. per annum. After Prince Rupert the next Heirs to the Crown of Scotland, are three French Ladies. Daughters of Prince Edward deceased, who was a younger Son of the Queen of Bohemia, whose Widow the Princess Dowager, Mother to the said three Ladies, is Sister to the Late Queen of Poland, Daughter and Coheir to the last Duke of Nevers in France, amongst which three Daughters, there is a Revenue of about 12000 l. sterling a year. There was two Daughters of Frederick Prince Palatine of the Rhine, who being unmarried, are deceased. The last is the Princess Sophia, youngest Daughter to the Queen of Bohemia, Born at the Hague 1630. and in 1659. wedded to John Duke of Lunenberg, and free Prince of Germany, Heir to the Duchy of Brunswick, by whom she hath Sons and Daughters; she is said to be one of the most accomplished Ladies in Europe. Having this particular Account of all the nearest in Blood to the Crown of Scotland, being the Issue of King James the Sixth, and King Charles the First, it will not be amiss to relate these that are descended of the Daughter of King James the Second (since whom, till the Queen of Bohemia, no collateral branch sprung from the Royal Family of whom any Issue remains.) James, Lord Hamilton, was married to the Daughter of King James the Second, and had Issue; first James created Earl of Arran, whose Son was the Duke of Chastelherault, from whom, by Two Sons, are descended the Families of Hamilton and Abercorn, and by Two Daughters the Families of Huntley and Lauderdale: And by an Act of Parliament, signed by all the Three Estates (the Original whereof is yet extant) in the Reign of Queen Mary. The Duke of Chastelheraults Family is declared next the Queen and her Issue, the Rightful Heir of the Crown. The Sister of King James the Third bore likewise to the Lord Hamilton a Daughter, married to the Earl of Lennox, from whom descended the Family of Lennox: There is no otther branch of the Royal Family, since it was in the Line of the Stewarts, except the Earl of Cassils' his Family, whose Ancestor the Lord Kennedy married King James the firsts Sister; from which Marriage that Family is descended. And so much of the Royal Family. CHAP. V. Of the Chief Officers of State, of the Court of Justice. The Manner of Elections of the Members in Parliament, and Riding of Parlialiament. Of the Privy Council. Of the Senators of the College of Justice. Of the Justice Court of the Exchequer. THE Government of the Kingdom being wholly in the Crown, the King administers it by his officers of State, and Privy Council. The Officers of State are Eight. The first is the Lord Chancellor, who is Keeper of the Great Seal, and Precedent in all Courts, wherever he is: This Office was in the Person of John, Duke of Rothes, lately deceased. The Second Officer is the Lord High Treasurer, who governs the Revenue, and presides in the Exchequer. This Office is now in Commission. The Third Officer is the Lord Privy Seal, who is at present John Duke of Athol. These Three take place of all the Nobility. The Fourth Officer is the Lord Secretary, who keeps the Signet, and is a Lord by his Office, and takes place of all of his Rank: The Office of Secretary is executed by the Right Honourable Alexander Earl of Murray. The Fifth Officer is the Lord Clerk of Registers, who has the charge of all the public Records, Rolls and Registers, and Names of all the Clerks of Parliament, and Session, and the Keepers of Public Registers: This Office is executed by Sir Thomas Murray of Glendoick. The Sixth Officer is the King's Advocate, who is also called the Lord Advocate: He is commonly a Judge, except in cases in which the King is concerned, and in these, he pleads in the King's Name: The present Lord Advocate is Sir George Mackenzie of Rosehaugh. The Seventh Officer is the Lord Treasurer Deputy, who is Assistant to the Lord High Treasurer, and is a check upon him, and presides in the Exchequer in his absence. This Office is executed by Charles Maitland of Hatton. The Eighth Officer is the Lord Justice Clerk, who assists the Lord Justice General in Criminal Causes. The present Justice Clerk is Rich. Maitland Esq; All these have the Title of Lord, and the Precedency of all under Noble men, and their Eldest Sons. Of the Courts of Justice. The Chief and Supreme Court of Justice, is the High Court of Parliament; which is made up of Three Estates. The first is the Ecclesiastical, that of Old, consisted of Bishops, and Mitred Abbots, but since the Reformation, consists only of Arch-Bishops and Bishops. The second Estate is the Nobility; who were anciently divided into the greater Barons, and the lesser: (for every man that holds Lands of the Crown, with a privilege of holding a Court much like the Lord of a Manor in England, is called a Baron) and all were obliged to appear personally in Parliament, (Proxies never being allowed by the Law of Scotland) and give the King Counsel: This proved a very hard burden to the small Barons, upon which they desired to be excused from their Attendance in Parliament: And this was granted them as a favour in King James' the first Reign: And though by that Act they might have sent two, or three, or more, to represent them, from every Shire, yet they made no use of that for above 150 years: But King James the Sixth, to balance the Nobility, got them restored to that Right; so that ever since there are two sent from every Shire, who are Commissioners of the Shires. The third Estate is the Burroughs, every one of which chooseth one Commissioner or Burgess, only the City of Edinburgh, as the Metropolis, chooseth two. Elections of Members of Parliament. The Parliament is summoned by Proclamation, made at the Head Burrough of every Shire, forty days before they meet; upon which the Shires and Burroughs meet about their Elections: Every one that holdeth Lands of the Crown, that in the Rolls of the Taxation (the Ancient Name of Subsidies and Assessments) are valued at forty shillings Scottish Money of Taxation to the King, which will be in real value about ten pounds sterling a year, is an elector, or may be Elected, so he be rightly vested in the Land, or (according to the Scottish terms) enfeoffed, and seized, and be not at the King's Horn (that is, under an Outlawry.) The Electours subscribe the Commissions they give, and so their Commissioner is returned; and if there be Cross Elections, the Parliament is only Judge. In the Burroughs the Common Council of the Town makes the Election. The Manner of the Riding of the Parliament. When the day comes in which the first Sessions of each Parliament is to be held, the Regalia, The Crown, Sceptre and Sword of State, which are kept in the Castle of Edinburgh, are brought down in State to the King's Palace, the Coach in which they are, being well guarded by a File of Musqueteers; every one who pass the Coach being uncovered; and are carried by three of the Ancientest Earls that are upon the place, bareheaded, before the King or his Commissioner: In the Great Court, before the King's Palace, all the Members in Parliament do mount on horseback with footcloths. The Burgesses Ride first, being allowed one Lackey apiece; two Trumpeters in their Coats bareheaded; two Pursuivants in their Coats bareheaded usher the way; the Commissioners from Shires Two and Two. The Officers of State, (not Noble men) are next in order. The Lords and Barons of Parliament; the Bishops, the Viscounts, the Earls, and the two Archbishops; all of them Two and Two: Next are four Trumpeters in their Coats, bareheaded, Two and Two and Two; four Pursuivants in their Coats, bareheaded, Two and Two; six Heralds in the●r Coats, bareheaded, Two and Two; the Gentleman Usher bore headed; Lion King at Arms, with his Coat and Robes, and Footmantle, and his Battoon in his hand, bareheaded; the Sword of State, the Sceptre and the Crown, carried by three of the Ancientest of the Nobility; on each side the Honours, three Mace bearers bareheaded; a Noble man bareheaded, with a Purse, and in it, the Lord High Commissioner his Commission. Then last of all the Lord High Commissioner, with the Dukes and Marquesses on his Right and Left hand: When the King is present, the Master of the Horse Rides easy, but a l●ttle aside. It is ordered there be no shooting, under the highest pains and penalties that day, neither displaying of Ensigns, nor beating of Drums, during the whole Cavalcade: The Officers of State (not being Noble men) Ride in their Gowns: The whole Members Ride covered, except those that carry the Honours. The highest degree, and the most Honourable of that Degree Ride last. Every Duke hath eight Lackeys, every Marquis six, every Earl four, every Viscount three, every Lord three, every Commissioner for Shires two, every Commissioner for Burroughs one, every Noble man to have a Gentleman to hold up his Train: They may have their Pages also. The Two Archbishops to have each of them eight Lackeys; every other Bishop three; and if they please they may have a Gentleman to hold up their Trains. The Noble men's Lackeys have over their Liveries, short Velvet Coats, with their Badges, Crests and Mottoes, done in Plate or embroidered, on their back and breast. The great Officers of State, Ride up from the Abbey, the King's Palace, about half an hour before the Cavalcade, in their Robes, attended with their friends on horseback, waiting in the Parliament-house: When the Commissioner enters the House, the Lord Chancellor takes his own Purse, and ushers him from the Bar to the Throne: When the King is present, the Lord Chancellor receives His Majesty at the door of the Parliament-house, and ushers him up to the Throne. The whole Members of Parliament wait on the High Commissioner in the Great Hall; the Noblemen in their Robes. They return in the same order back to the Palace; only the Constable and Marshal Ride on the Commissioners Right and Left hand, with Caps of Permission: The Lord Chancellor and Lord Privy Seal stay behind, until all march away, and then return in the same State to the Palace, as they Ride to the Parliament house. When the King Rides in Person, the Lord Chancellor Rides, bearing the Great Seal: but this is not done before a Commissioner. When the King is present, the Marquesses and Dukes Ride after the Earls; but if His Majesty's Commissioner be present, they follow him at some distance, or on his Right and Left hand. After the King or his Commissioner is received by the Lord Chancellor, he is seated in a Throne, six steps high, with a State over it: And in the first step under him, in a Bench, sits the Lord Chancellor, with other Officers of State, on both hands of him: In the next step under these sit the Lords of Sessions, or Judges: On the Right hand of the Throne is the Bishop's Bench, that rises up in two rows of Benches: On the highest the two Archbishops sit, and on the lower sit the Bishops, according to the Dignity of their Sees. On the Left hand of the Throne there is another great Bench, of three steps, and rows of Benches, on which sits the Nobility, according to their Precedency. In the middle of the four there are two Tables; on the one whereof the Regalia are laid, and in two great Chairs by them, sit the Constable and the Marshal; at the other Table sits the Lord Clerk of Registers, with his Deputy Clerks, who are the Clerks of the Parliament. There are also Forms placed on the Floor; these on the Right side are for the Commissioners of the Shires; and these on the Left for the Commissioners of the Burroughs. When all are placed, the Parliament is fenced (as the phrase is) in the King's Name: Then the King speaks to them, if he be present, in his Robes with the Crown on his head, all standing up bare headed: But when a Commissioner represents him, he is in an ordinary Suit, and stands and speaks also bareheaded (nor is the Commissioner covered when there is pleading at the Bar, but continues bareheaded as all the Members are) and tells them the reason for which they are called together, which is enlarged by the Lord Chancellor. The next thing to be done, is the Choosing of the Lords of the Articles, which is a matter of great importance, who are eight of every State, who have been chosen different ways: Sometimes the Bishops did Choose the Eight Lords; and sometimes the Nobility the Eight Bishops. At other times the Nobility did Choose their own Eight, and the Bishops their Eight: But now it is settled by an Act of Parliament, that the King, or His Commissioner names Eight of the Bishops; the Lords Choose Eight for themselves; and these Sixteen do Choose Eight Commissioners for the Shires, and Eight for the Burroughs: These Thirty two are the Committee of Parliament, to prepare matters: When a Bill is drawn by them, it is brought into the Parliament: Anciently all these Bills were brought in the last day of the Parliament, on which, the Members Ride in the same State, as they do the first, and the Bills being Read, they were put to the Votes of the Parliament, and then were approved, or not; being approved, were presented to the King, who by touching them with the Sceptre, gives his assent to them, which is done by his Commissioner in his absence; if he refuse to touch them, they are of no force: Matters have been fully and freely debated in Parliament: Sitting all in one House, every one answers distinctly to his Name, and gives his Vote, which is in these terms, I approve, or not approve; only these who are not satisfied one way or another, say Non liquet, which is a great ease to those who are conscientious, and a common refuge to the cunning Politician: The major Vote carries it: No Dissents or Protests are allowed in public Acts; these are accounted Treasonable; but in private Acts that relate to men's Properties and Rights, any one may protest for his Interest. After all business is ended, the King or his Commissioner makes a Speech to the Parliament Assembled, after which they are Dissolved. Sometimes the King His Majesty makes use of a Convention of Estates, which can make no Laws; only by this Meeting Impositions are laid upon the Subjects: they do not Sat in State; and have been most in use before the Kings were Crowned. Whatever Acts are passed in Parliament, or Convention of Estates, are to be proclaimed soon after the Dissolution, at the public Market-Cross of Edinburgh, by the Lion King at Arms, with a great deal of State and Ceremony; after which they are obligatory on the Subjects: And it is Enacted, that none of the Liege's shall presume to impugn the Dignity and Authority of the Three Estates, or any of them in time coming, under the pain of Treason; the Authority of the Parliament being the Supreme Court, it is not impertinent to give a List of the Nobility of the Kingdom of Scotland, with their Precedency, which is as follows; with their Surnames. A List of the Nobility of the Kingdom of SCOTLAND. Dukes. His Royal Highness the Duke of Albany. The Duke of Hamilton; his Surname Hamilton. The Duke of Surnames Buccleuch Scot Lauderdale Maitland. Lenox Lenox. Rothes Lesley. Marquesses and their Surnames. The Marquis of Surnames Huntley Gordone. Douglas Douglas. Montross Grahame. Athol Murray. The Earls of Earls Surnames Argile campbel Crawford Lindsey Errol Hay Marishall Keith Southerland Southerland Marr Ereskine Airth Grahame Morton Douglass Buchan Ereskine Glencairn Cunninghame Eglington Montgomery Cassiles Kennedy. Murray Stewart Caithness Sinclare Nithisdale Maxwell Wintoune Seatoune Linlithgow Livingstone Home Home Pearth Drummond Dumfermling Seatoune Wigtoun Fleming Strathmore Lion Abercorn Hamilton. Roxborough Ker Kelly Ereskine Haddington Hamilton Galloway Stewart Seaforth Mackenzy Louthian Ker Kinnoule Hay Loudoun campbel Dumfreis Creighton Queensbury Douglass Sterling Alexander Elgine Bruce Southesk Carnaigy Traquair Stewart Ancram Ker Weimes Weimes Dalhousy Ramsey Airly Ogilvy Calendar Levingstone Carnwath Dalziel Finlator Ogilvy Leven Lesley Annandale Johnstone Dysert Murray Panmuire Mauld Twedd●le Hay Northesk Carnaigy Kincardin Bruce Forfar Douglass Balcarres Lindsey Middleton Middleton Aboyne Gordone Terrace Scot Newburgh Livingstone Kilmarnock Boyd Dundonald Cochraine Dumbarton Douglass Kintore Keith Broad Albyne campbel. The Viscounts of Viscounts Surnames Faulkland Carey Dumbarr Constable Stormont Murray Kenmure Gordone Arbuthnet Arbuthnet Frendaret Creightone Kingston Seatoune Oxenford Macgill Kilsyth Livingstone Irwing campbel Dumblane Osborne Preston Grahame Newhaven Sheen The Lords of Lords Surnames Forbes Forbes Saltone Frazier Grace Grace Ochiltry Stewart Cathcart Cathcart Sinclare Sinclare Mordington Douglass Semple Semple Elphingstone Elphingstone Oliphant Oliphant Lovat Frazier Borthwick Borthwick Rosse Rosse Torphighen sandiland's Spyne Lindsey Lindoris Lesley Balmerinoch Elphingstone Blantyre Stewart Cardrosse Ereskine Burghly Balfour Maderty Drummond Cranstone Cranstone Melvil Melvil Neaper Neaper Cameron Fairfax Cramond Richardson Rae Macky Forrester Bailzy Petsligo — Kirkudbright Mac-cleland Frazier Frazier Bargany Hamilton Bamf Ogilvy Elibank Murray Dunkeld Galloway Halcarton Falconer Belhaven Hamilton Abercromby sandiland's Carmichael Carmichael Rollo Rollo Colvil Colvil Duffus Southerland Ruthven Ruthven Mac-Donald Mackdonald Rutherford Rutherford Balanden Balanden Newark Lesley Burntisland Weimes Name. Nobiles, quasi viri noscibiles, or notabiles: In all Christian Monar chies, men that have been notable for courage, wisdom, wealth, and have been judged fit, and worthy to enjoy certain privileges, titles, dignities, honours, etc. above the common people, have been placed in an higher Orb, and have been as a shreen between the King, and the inferior Subjects, to defend the one from Insolences, and the other from Tyranny, to interpose by their Counsel, Courage and Grandeur, where common persons dare not, ought not be so hardy; to support the King, and defend the King and Kingdom with their Lives and Fortunes. The Nobility of Scotland is called the Peerage of Scotland, because they are all pares Regni, that is, nobilitate pares, though gradu impares. Degrees. The Degrees of the Nobility are only five, viz. Duke, Marquess, Earl, Viscount and Baron: These are all Peers; but the four first are for State, Privilege, and Precedence, above and before these who are Barons only. Duke. A Duke, in Latin Dux, à ducendo, Noblemen being anciently, either Generals and Leaders of Armies in time of War, or Wardens of Marches, and Governors of Provinces in time of Peace; afterwards made so so for term of life. A Duke is created by Patent, cincture of Sword, imposition of a Cap, and Coronet of Gold on his head, and a Verge of Gold put into his hand. Marquis. Marchio, a Marquis, was first so called from the Government of Marches, and Frontier Countries. A Marquis is created by a cincture of a Sword, imposition of a Cap of Honour, with a coronet, and delivery of a Charter or Patent. Earls. Earls anciently called Comites, because they were wont comitari Regem, to wait upon the King for Counsel and Advice. An Earl is created by the cincture of a Sword: A Mantle of State put upon him by the King himself: A Cap and a Coronet put upon his head, and a Charter in his hand. Viscount. Vicecomes, quasi vice Comitis, gubernaturus Comitatem; a Viscount is so made by Patent. Barons. The word Baron was used for Virro in the Laws of the Longobards, and of the Normans; as at this day in the Spanish it is used for the same, so that a Baron is vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, by excellency, or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, vir notabilis & principalis. Barons are sometimes made by Writ, when they are called to sit in Parliament, but most usually by Parliament: All the forementioned Degrees have the title of Lord: All Honours in Scotland are given by the King, who is the sole Fountain of Honour. None of these Honours bestowed on a Family by the King, can be lost, but by want of Issue, or else by some heinous Crime of Treason, and then that Family cannot be restored to their Blood but by the King. The several Degrees of the Nobility, are differenced and distinguished one from another, by their Titles and Ensigns of Honour. A Duke hath the Title of Grace; and being written unto, may be styled, Most High, Potent an● Noble Prince. A Marquis, Most Noble and Potent Lord; an Earl, Most Noble and Potent Lord; a Viscount, Right Noble and Potent Lord; and a Baron, Right Noble Lord. Their Coronets are all different: A Baron hath six Pearls upon the Circle: A Viscount hath his Circle of Pearls without number: An Earls Coronet hath the Pearls raised: The Marquis, a Pearl and Strawberry leaf round: And a Duke's Coronet only Leaves without Pearls. They are more especially distinguished by their Robes of Parliament, by their several Guards on their Mantles, or short Cloaks about their shoulders: A Baron hath but two Guards; a Viscount two and a half; an Earl three; a Marquis three and a half; and a Duke four. Precedence. Touching the Places or Precedences among the Nobility of Scotland, it is to be observed, that Dukes amongst the Nobility have the first place, than Marquesses, Duke's Eldest Sons, Earls, Marquis' Eldest Sons, Dukes Younger Sons, Viscounts, Earls Eldest Sons, Marquesses Younger Sons, Barons, Viscounts Eldest Sons, Earls Younger Sons, Baron's Eldest Sons, Viscounts Younger Sons, Barons Younger Sons. The Princes of the Blood, viz. the Sons, Grandsons, Brothers, Uncles or Nephews of the King, and no further, having the Precedency of all the Nobility. Yea, the natural or illegitimate Sons of the King, after they are acknowledged by the King, take Precedency of all the Nobles under those of the Blood Royal. Moreover observe, that all Nobles of the same degree, take place according to the seniority of their Creation; all Duke's Eldest Sons have the title of Earls; and the Eldest Son of an Earl, hath the title of the Earls Barony, and sometimes of the Viscountry, according to the Patent. Of His Majesty's Privy Council in the Kingdom of Scotland. The Privy Council is chief employed about public Affairs, and are Judges of Riots, and any disturbance given to the Peace of the Kingdom: Anciently the Lord's o● the Session were the King's Council and so are styled Lords of Councils and Session. The Power of the Privy Council hath been most raised since King James got the Crown of England, that by reason of the King's necessary absence from Scotland, the King hath lodged much of His Power with His Privy Council. Lawyers do plead the Causes of Riots before them; and when sentence is to be given, every Privy Councillor gives his Vote, and the major Vote carries it. Lords and others of His Majesties present Privy Council of SCOTLAND. His Royal Highness the Duke of Albany, etc. John Duke of Rothes, Lord Chancellor. Alexander Lord Archbishop of St. Andrews, Primate. John Duke of Athol, Lord Privy Seal. John Duke of Lauderdale, Presid. of the Council. William Marquis of Douglass. James Marquis of Montross. Alexander Earl of Murray, Secretary of State. Archbald E. of Argile. John E. of Errol. George E. of Marischal. Charles E. of Marr. E. of Linlithgow. E. of Pearth. Patrick E. of Strathmore. Robert E. of Roxburgh E. of Queensbury. E. of Ancram. James E. of Airly. E. of Balcarras. William E. of Dondonald. E. of Kintore. E. of Broadalbine. Archbald Lord Lorn. John Lord Livingstone. John Lord Bishop of Edinburgh. James Lord Elphinstone. John Lord Rosse. Sir Charles Maitland of Ha●tone Treasurer Deputy. Sir Thomas Murray of Glendoick, L. Clerk Register. Sir George Mackenzy of Rosehaugh, L. Advocate. Richard Maitland Esq; L. Justice Clerk. Sir James Dalrumpell, Lord Precedent of the Sessions. Sir George Gordon of Haddo. Sir George Mackenzy of Tarbot. John Drummond of Londy. Lieutenant General Dalziel. Sir George Kinnard of Rossy. Sir John Wachop of Nidry. Of the Supreme Court of Judicature. The Supreme Court of Judicature about the Property of the Subject, is called the College of Justice, or the Session, which was anciently an ambulatory Court, but was settled as it is now by King James the ●ifth Anno Christi 1532. to consist of fourteen, (who are called Senators of the College of Justice, or Lords of Council and Session) and a Precedent; to whom are added the Lord Chancellor, and four Lords of the Nobility; or as they usually call them, Lords Extraordinary. The Extraordinary Lords have no Salary, and are not obliged to Attendance; but when they come they have a Vote: This Court sits from the first of June, till the last of July; and from the first of November, till Christmas-Eve; and from the first of January, till the last of February: But now by Act of Parliament the Summer Sessions are taken away, and in stead thereof are henceforth to be kept in March: They sit from Nine of the Clock in the Morning, till Twelve, all the days of the week, except Sunday and Monday. There is an Outer-house, and an Inner. In the Outer-house there is a Bench, where one of the Senators sits a week (and all of them except the Precedent, have their Turns in it,) who hears all Causes originally; and where the case is clear, he gives sentence: But if it be difficult, or if either party desires it, he reports it to the rest of the Senators, who either send out their Answer by him, or if it be very intricate, and the parties, or either of them desire it, do appoint it to be heard before themselves. This is a Court of great dispatch. But besides the Judge upon the Bench, there is a side Bar; to which, one of the Judges comes out by turns weekly, as in the former, and receives and answers all Petitions and Bills: The Inner-house, where all the rest of the Senators sit, is a Court of great State and Order: The Senators sit in a semicircle in Robes; under them sit their Clerks, who writ all the most material heads of all that is pleaded at the Bar, where the plead are long, and very learned. When the the Senators have (after all the parties are removed) considered their arguments, they give their sentence, and the major part carries it: Their final sentence determines all business in their Court, there lying no Appeal from them, only the Parliament as the Supreme Court may review and repeal their sentence; their decisive sentence are called Decreets, from the Latin Decreta. Senators of the present College of Justice. The Lords Extraordinary, The Lord Chancellor. The Duke of Athol. The D. of Lauderdale. The Earl of Murray. The Earl of Argile. The Lords Ordinary not Noblemen. Sir James Dalrumpell, Lord Precedent of the Session. Charles Maitland of Hatton. Sir George Mackenzy of Rosehaugh. Sir Thomas Murray of Glendoick. Sir James Foulis of Collington. Sir John Lockart of Castlehill. Sir Robert Nairn of Strathurd. Sir James Foulis of Redford. Sir David Nevoy of Nevoy. Sir David Balfour of Torret. Sir David Falconer of Newton. Sir John Gordon of Pitmedden. Sir Roger Hogg of Harcus. Sir Andrew Birny of Saline. Sir George Gorden of Haddo. Of the Justice Court. The next Supreme Court is the Justice Court, where all Criminals are tried: It consists of a Lord Justice General, and of a Lord Justice Clerk, who is his Assistant: The Earl of Argile had this Office by Inheritance; but King Charles the First agreed with the said Earl, and gave him the hereditary Justiciariship of of the High lands, for which he laid down his pretensions to the other. The Lord Justice General is not obliged to serve in person, but may do it by Deputies, and he commonly named two. This Order was changed Anno 1669. and by Act of Parliament, four Judges were appointed to sit in this Court, with the Lord Justice General, and the Lord Justice Clerk: All Trials for Life are in this Court, which sits every Friday in the Time of Session in the Afternoon. Here all the Subjects, Peers as well as Commons are tried. The difference between a Peer and Commoner in their Trial in this Court, is this, viz. The greater part of the Peers Jury (called by the Scottish Law an Assize) must be Peers: The Jury is made up of 15: The Foreman, who is called the Chancellor of Assize, gathers and reports the Votes: The major part determins the matter: The present Justice General is the Earl of Queensbury. Of the Exchequer. The next Supreme Court is the Exchequer: That consists of the Lord Treasurer, (or the Commissioners of the Treasury, when it is in commission) the Lord Treasurer Deputy, and some Assistants, called the Lords of Exchequer, who have little power, the Lord Treasurer, and the Lord Treasurer Deputy usually carry all matters in it as they please: Here all the King's Grants, Pensions, Gifts of Wards, Letters, Patents, and such like are to be passed. And these are the Supreme Civil Courts. The Seat of these Courts is Edinburgh, which has been long the chief Seat of the Government; & though the making of Circuits for giving Justice, has been oft begun, yet the charge it puts the Country to, is found a greater inconvenience, than the bringing up all their Affairs to Edinburgh. CHAP. VI Of Inferior Courts of the Sheriffdoms. The Names of the Sheriffs who are so most by Inheritance. The Courts of Regality. A Barons Court. NExt to these Supreme Courts, there are other Inferior Courts. And first there are in all the Shires of Scotland, Sheriffs, who are the Judges in all Matters of of Meum and Tuum, in Thefts, and in all lesser crimes; as likewise in Murders, if the Murderer be taken in hot blood, as they call it, when the person is newly slain: But though there lies no Appeal in this Kingdom in any Court, yet there is somewhat equivalent to it; for the Supreme Courts by a Writ, called an Advocation, may take any Cause out of the hands of Inferior Judges, and order to be brought before themselves. Most of the Sheriffs were anciently so by Inheritance, and it being in this Kingdom no matter of charge, but of profit, it gave the Hereditary Sheriffs so great a Power in their Shires, that our King of late hath thought fit to agree with many of these Sheriffs for their Rights, by which it comes to pass that many of them now are in the King's Gift: The Sheriffs may either sit, and give Judgement themselves, or do it by a Deputy, which they most commonly do, except in some great cases: For the more full satisfaction of the Reader, it will not seem superfluous here to give a List of the Shires or Counties of Scotland and their Sheriffs. Shires or Counties of Scotland, and their Sheriffs. Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian. Charles Maitland. The Shire of Berwick containeth Mers. Earl of Home. The Shire of Peeblis containeth Tweddail. Earl of Tweddail. The Shire of Selkirk containeth the Forest of Etterick. — Murray. The Shire of Roxburgh containeth Tiviotdale, Lidisdale, Eshdail, Eusdail. Duke of Buckleugh. The shire of Dumfreis containeth Nithisdail, & Anandail. E. of Queensbury. The shire of Wigton containeth the West part of Galloway. Sir Patrick Agnew of Lochnaw. The shire of Air containeth Kyle, Carrict, and Cunninghame. E. Dumfreis. The shire of Renfrew containeth the Barony of Renfrew. E. of Eglington. The shire of Lanerick containeth Clidsdail. D. Hamilton. The shire of Dumbritton containeth Lenox. D. of Lenox. The shire of Bute containeth the Isles of Bute and Arran. Sir James Stewart of Bute. The shire of Innerara containeth Argile, Lorn, Kintyre, the most part of the West Isles, all Ila, Jura, Mull, Wyist, Teriff, Coll, Lismore, etc. E. of Argile. The shire of Perth containeth Athol, Goury, Glenshee, Strath-Ardell, Broad, Albine, Ramach, Balhider, Glenurqhuay, Stormont, Menteith, and Strathyern. D. of Athol. The shire of Striveling lieth on both sides the River Forth. E. of Marr. The shire of Linlithgow, West Lothian. John Hope of Hoptoun. The shire of Clackmanan containeth a small part of Fife, lying on the River Forth towards Striveling. Sir D. Bruce of Clackmanan. The shire of Kinross containeth so much of Fife as lieth between Lo●hleiven, and the Ochell Hills. E. of Morton. The shire of C●uper containeth the rest of Fife. D. of Rothes. The shire of Forfar containeth Angus, with its pertinents, as Glen Ila, ●len▪ Esk, Glen-Prossin. E. of Southesk. The shire of Kinkardin cont. Mernis. E. Marshal. The shire of Aberdeen containeth Mar, with its pertinents, as Birse, Glentaner, Glenmuik, Strath-Dee, Strath-Don, Bray of Mar and Cromar, most part of Buchan, Forumarten, Gareoch, and Strathbogie-land. E. Dumfermline. The shire of Bamf containeth a small part of Buchan, Strathdovern, Boyn, Enzy, Strathawin and Balveny. Sir James Baird of Auchmedden. The shire of Elgine containeth the Eastern part of Murray. Robert Dumbar of— The shire of Nairn containeth the West part of Murray. — The shire of Innerness containeth Badenoch, Lochabyr and the South part of Ross. E. of Murray. The shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth. Sir John Vrquart of Cromarty. The shire of Ta'en containeth the rest of Ross, with the Isles of Sky, Lewes, and Harrigh. E. of Seaforth. The shire of Dornoch containeth Southerland and Strathnaver. E. of Southerland. The shire of Weik containeth Cathness. E. of Cathness. The shire of Orkney containeth all the Isles of Orkney and Schetland. — The Constabulary of Haddington containeth East Lothian and Lauderdale. D. of Lauderdale. Stewartries. Stewards. Strathyern. E. of Pearth. Monteith. E. of Monteith Annandail. E. of Annand. Stewartries' Stewards Kirkudbright containeth the East part of Galloway. E. Nithisdail. Baileries. Bailiffs. Kyle. — Carrict. E. of Cassiles. Cunninghame. E. Eglington. Court of Regalities. There are also many Regalities in the Kingdom, where the Lord of the Regality has a Royal Jurisdiction within his grounds, and power of Life and Death; besides many other great immunities and privileges. This began chief in Church lands: for all the Bishops, and most of the Abbots had these Regalities granted them; some of the ancient and great Peers, got the same power bestowed upon them; and many more have lately got their Lands erected into Regalities. The Judge is called the Bailiff of the Regality, who sits as often as there is cause. Most of the Bailiffs of the Regalities of Bishoprics are so by inheritance: These being given by the King, a Churchman not being allowed to give a Commission in causa sanguinis. A Barons Court. Besides these, every one that holds a Barony of the King, has a Baron Court, in which le●●er matters are also judged; and they may fine and distrain. Anciently these Baron Courts might judge of Life and Death; but now it is not so. For all the other particulars that relate to the Regalities, Superiorities, and other things of the Laws of Scotland; such as are curious, may find full satisfaction in that most learned work of craig's De Jure Feudali, written in Latin, and printed at Edinburgh, in Folio. CHAP. VII. Of the Burroughs of Scotland. Of the Burroughs Royal, Burroughs of Regality, and Burroughs of Barony. The Names of the Free Incorporations or Burroughs Royal. THE Burroughs of Scotland are of three sorts, either Royal Burroughs; Burroughs of Regality, or Burroughs of Barony. The former have Commissioners in Parliament, and besides, are a State apart; for they meet yearly in a Convention, called the Convention of Burroughs, from which a Commissioner comes from every one of them: There they make Laws for themselves about Trade, and other things relating to their Corporations: They hold these Meetings in a Circuit, around the Chief, or as they call them, the Head-Burroughs; and at the end of one Convention, they name the time and place for the next. In these Burroughs there is a Provost (or Mayor) who has the Chief Power; and there are four Bailiffs (or Aldermen) that are next to him in the Government: There is also a Dean of Gilled, named among the Romans Aedilis, who is the Chief Judge among the Merchants; likewise a Treasurer and a Common Council, the one half of which is chosen usually by the Merchants, the other half by the Trade's men once every year: The Trade's men have a Court of their own, in which there is one from every Trade, who is called the Deacon of the Trade, and they choose one among themselves, to be Precedent in all their Meetings, and Affairs, who is called Deacon Conveener; by his Order they are to meet, as their business requires: These Deacons are chosen yearly by all the Freemen of their Trade, and have a little jurisdiction over them: There are in most Burroughs, great and dangerous Animosities and Factions, between the Merchants and Tradesmen upon the account of precedence, in public days, when they meet. Burroughs of Regality. The Burroughs of Regality are the Towns, where these Lords of Regalities hold their Courts: The Chief Magistrates are named by the Lord, the rest they choose themselves: They have also great freedoms, little inferior to the Royal Burroughs; only they have no Commissioners in Parliament. Burroughs of Barony. The Burroughs of Barony are Market-Towns; where the Lord of the Barony names some of the Magistrates; and the Corporation chooses the rest. In all these Burroughs the Magistracy is no matter of Burden, nor Charge, but of Power and Advantage; from whence arise great Factions amongst all of them in most of the Burroughs. A Catalogue of the Free Corporations, or Royal Burroughs in Scotland. In the Lothians. Edinburgh Linlithgow Haddington Northberwick Dumbar In Fife. Saint Andrews Couper Kirkaldy Crail Anstruther Pittenweeme Dysart Earlesferry Kinghorn Innerkeithing Burnt Island In Fife. Queens-Ferry Dumfermling Culrosse Clackmanan In Angus. Dundee Montross Forfar Brichen Arbroath In Galloway. Kirkudbright Wigton Withthorn Stranraver In Clidsdail. Glasgow Lanerick In Murray. Elgin Nairn Forress In Ranfrowshire. Ranfrow P●sley Ruglen In Mar. Aberdeen Kintore In Boyn. Bamf Cullen In Rosse. Innerness Ta'en Air in Kyle. Irwing in Cunningham. Rothsay in Bute. Dumbarton in Lenox. Innerrara in Argile. Jedbu●gh in Tiviotdail. Pebbles in Tweddail. Selkirk in Forrestshire. Striveling upon Forth. Dumblain in Monteith. Dornoch in Southerland. In Annandale. Annand Lochmabane In Nithisdail. Dumfreis' Sanqhuar Bervy in Mernis. Innerowry in Gare●ch. CHAP. VIII. Of the Court of Admiralty, and of the Government of the Militia. THE Court of Admiralty sits in Leith, the chief Port of this Kingdom, but hath not much business, except in times of War to judge of Prizes. The present High Admiral is His Royal Highness the Duke of Albany. The Military Government. The Military Government in Scotland of every County is not lodged in one Person; but the Regiments of Foot are commanded by Colonels, and the Troops of Horse by Captains, named by the King, without any dependence upon one Lord-Lieutenant, nor are there Deputy-Lieutenants; yea, the lieutenant-colonels, and other Officers are named by the King, as is usual in an Army, and perhaps the Militia in this Kingdom are as well governed and disciplined, as in any other Kingdom; the People of Scotland being naturally stout and resolute, which make them so much valued beyond Seas; the only School of War to them since the conjunction of this Island under one King. They are upon all occasions ready for the King's Service; naturally being great lovers of the Royal Family, having so just a r●ght to the Crown, by an uninterrupted descent for so many Generations, as cannot be paralleled almost in the whole world; what happen▪ d in the late Rebellion. Where the Schismatics so highly deluded with fair promises, and reiterated invitations from England, being as time Brothers in a Solemn League and Covenant, the issue proving solemnly destructive to the ancient Government, and constitutions of both Kingdoms, and to the perpetual scandal of Christianity itself, in that the best of Kings was at last murdered by these hellish contrivances: I say what happened then, cannot be recorded as an infamy upon the whole Kingdom, being there were ten thousands in that ancient Kingdom, who never bowed their knee to that Baal, the Idol of these unhappy times: many of the Ancientest of our Nobility were sufferers, to the utter ruin of their Estates and Families, a great many lost their lives under the King's Lord Commissioner, the worthy and valiant Marquis of Montross, who himself was barbarously murdered, by that wicked, insulting crew: being it is manifest by the account that all the writers of these times giveth, that it was but a part, and that indeed the scum of the People, who had taken upon them at that time to shake off their Duty and Loyalty; no man in his right senses, or understanding, will impute any of those most inhuman proceed and practices, to the People of the whole Nation, who in all emergencies since his Majesty's happy Restauration, have given such clear demonstrations of their Loyalty upon all occasions; have proved to the everlasting infamy of that prevailing party in those late confusions, that they were but an handful, and that the most inconsiderable part of the Kingdom: whoever therefore will be so foolish, as to evidence his ignorance of the proceed of these in that dreadful Rebellion, by imputing their machinations and cruelties to the general consent of the Kingdom, let him always be esteemed as one that is overruled by malice and passion, thirsting after nothing so much, as to make People believe that His Majesty now reigning, hath no Dutiful Subjects in that his most ancient Kingdom; he may be esteemed an enemy to the Government, who would inveigle into the minds of the People that His Majesty is not sure of the Dutiful assistance of his Subjects of that Kingdom, if need require: many times the Loyal Subjects of Scotland, when they are abroad suffer reproach for the barbarous proceed of these unhappy times; but this is much to their comfort, that 'tis only from the ignorant, and deluded multitude, and rabble; let none so much as think that the King wanted assistance of his Loyal Subjects in the time of that Rebellion, and let not the Kingdom any more suffer an ignominy for the abominable knavery of a few, who to this day are stigmatised for their roguery, and their posterity rendered contemptible: it is not necessary to run out in vindication of the Loyalty of the People of Scotland in this enterprise, their Actions of late when the King's service required, have sufficiently given proof to the world of the same; and at present, the King hath at command by Act of Parliament twenty thousand foot, and two thousand Horse with forty days provision to march into any of His Majesty's Dominions, if need require. CHAP. IX. Concerning the Ecclesiastical Government of the Church. IN the Year 1660 after a most grievous burden of that insupportable yoke, which our sins had prepared, and other men's sins had laid on us; after the Kingdom had groaned nine years under the Tyranny of these Usurpers, who to complete our miseries, imprisoned, Banished, and miserably butchered the Loyal Subjects, under the names of Malignants, Traitors, and Rebels; their Estates and Lands forfeited, and sold, their Houses garrisoned, plundered, and burnt, and their posterity almost reduced to poverty, and misery; Alas! Our Ploughshares were metamorphosed into Swords: after all these calamities it pleased Almighty God to remember us in mercy; and after the Church had suffered an Eclipse for twenty four years; By the miraculous Restauration of our most Sacred Sovereign to the Throne of his Ancestors for the good of this Church and Kingdom, than it pleased God to restore the ancient Hierarchy of the Church. His Majesty that he might settle his Kingdom, summoned his first Parliament to meet at Edinburgh, the first of Jan. 1661. giving a Commission under the great Seal to John, Earl of Middleton, to represent his Person therein: in the first Session, the Solemn League and Covenant was condemned, as an unlawful, and wicked Oath, imposed on the Subjects by a prevailing Faction, contrary to Authority: The pretended Triennial Parliaments from 1640 to 1649, with the assembly of Glasgow 1638 etc. were annulled, the unjust transactions at Newcastle 1646, and 1647 condemned, Duke Hamiltons' engagement 1648 approved, the pretended forfeitures of the Marquesses of Huntley, and Montross, the E. of Forth, Barons of Glengarey Haddo, Dunerub, Delgaty, Harthill, and others who suffered for their Loyalty, and all Acts made in prejudice of Lawful Authority, were rescinded. 1662. In the second Session, the Ancient Ecclesiastical Government of the Church was restored, to the exceeding joy and satisfaction of all his Majesty's good Subjects: This was done by an Almighty Power; the Covenanters having so wonderfully defaced the Government of the Church, and rendered the Dignity and Office of a Bishop contemptible in the eyes of the People, that His Majesty's Restauration being so miraculously without shedding of blood, to be restored to his own Kingdoms, the Government of the Church with so little, or no disturbance settled; these things being considered, aught to be kept as memorial, not written superficially, but with the point of a Diamond in the hearts of all Loyal Subjects. Of the Archbishop of St. Andrews. At this time Dr. James Sharp, Professor of Divinity at St. Andrews (who had been Professor of Philosophy in St. leonard's College) was preferred Archbishop of St. Andrews, Primate, and Metropolitan of Scotland, who was murdered after a most barbarous manner by some Ruffians in May 1679. Upon his Murder, Alexander Archbishop of Glasgow, was translated to St. Andrews, who now governs the See. The present Chapter of St. Andrews (the old one being dissolved with the Priory in the time of the Reformation) had its beginning Anno 1606. by Act of Parliament in King James' the Sixth Reign, and consists of the persons following. The Prior of Portmollock, Dean. The Archdeacon of St. Andrews. The Vicar of St. Andrews. Couper. Crail. Dysert. Kircaldy. Pittenweem. Lewchars. kinkel. Dearsie. Fordun. Kennoway. The Vicar of Abercromby. Forgund. Foulis. Rossie. Balmerinoch. Longforgund. Eglisgreig, and others to the number of twenty four. The Cathedral, which was an ancient and magnificent Fabric, was demolished with the Priory; since which time the Parish-Church serves instead of it. The Diocese of St. Andrews contains the whole County of Fife, part of Perthshire, and part of Angus, and Mernis. The Coat of Arms belonging to the Archiepiscopal See of St. Andrews, is a Saphir, a Saltier Pearl, being the Cross of St. Andrew the Apostle. Clergy, their Dignity. The Spiritual Function, according to the practice of all civilised Nations, hath ever had the preference and precedence of the Laity, and hath in all times been reputed the first of the Three Estates. All Subjects may be divided into Clergy and La●ty; the Laity subdivided into Nobility and Commonalty. Names. The Clergy are so called, because they are Gods, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or Portion: For although all Christians may be styled God's Portion, as well as God's Servants, yet amongst Christians, these persons, whom God hath set apart, and separated from common use, to his service, to be, as it were, his domestic servants, are more peculiarly the Lord's Portion; and therefore from the first Age of Christianity, the persons so set apart, have been called Clerici, Clerks. Degrees. As in the State, so in the Church, the Laws and Constitutions of Scotland would not that there should be a parity and equality of all persons; therefore it is that all Bishops are Peers of the Realm: The Archbishop of St. Andrews takes place of all Duke's next to the Blood Royal In writing and speaking to him is given the Title of Grace (as it is to all Dukes) and Most Reverend Father in God; as likewise the same Title of Honour is due to the Archbishop of Glasgow: All the rest of the Bishops take place of Barons: The Archbishop of Glasgow taking place next to the Lord Chancellor. All Bishops have one privilege above and beyond all ●ay Lords, viz. That in whatsoever Christian Princes Dominions they come, their Episcopal Dignity and Degree is acknowledged; and they may, Quatenus Bishops, confer Orders, etc. whereas no Lay-Baron, Marquis, or Duke, is in Law acknowledged such, out of the Dominions of the Prince who conferred these Honours. The Revenues of the Scottish Clergy at present, are generally very small and insufficient: Many secret and indirect means have been used to lessen their Rents, through corrupt Compositions and Compacts: They were most miserably robbed and spoiled of the greatest part of their Lands, until King James the Sixth, who after he was come to Age, took particular care in restoring to some Bishoprics, what was most unjustly kept from them: Yea, at this day, a Gentleman of 200 l. Land Rend yearly, will not change his worldly estate and condition with several Bishops: A Shopkeeper, a common Artisan, will hardly change theirs with ordinary Pastors of the Church. The great diminution of the Revenues of the Clergy, & the little careof augmenting and defending the Patrimony of the Church, is the great reproach and shame of the Scottish Reformation, and will, it's to be feared, prove one day, the ruin of Church and State. The Observations of the judicious Mr. Hooker, concerning the English Church, may be applied to ours: (How the Church was every day robbed of her Deuce, and that it was then an Opinion rife, that to give to the Church smelled of Judaisme, and Popery, and to take from the Church what our Ancestors had given, was Reformation.) This pious Divine declared, that what Moses saith in the 90th Psalm, was likely to be verified of God's Service and Religion: The Time thereof may be Threescore years and Ten; if it continue till Fourscore, it will be but small joy to those that shall then behold the condition of the Church. The best Historian cannot produce one example of a happy state, where the Clergy hath been exposed to the contempt of the People; which must needs happen where their Benefices and Maintetenances are scandalous, and their Persons thereby rendered contemptible and despicable. It is the last Trick, saith St. Gregory, that the Devil hath in the world, when he cannot bring the Word and Sacraments into disgrace by Heresies and Errors, he inventeth this project, to bring it into contempt, and low esteem; as it is now in Scotland, where they are accounted by many as the dross and refuse of the Nation. Men think it a stain to their blood, to place their Sons in that Function; and Women are ashamed to marry with any of them; whereas anciently the Function of the Clergy was of so high account and esteem, that not only the best Gentry and Nobility, but divers of the Sons and Brothers of our Scottish Kings, disdained not to enter into holy Orders, and to be Clergymen; as at this day is practised in most other Monarchies in Christendom: While this Policy lasted, the Clergy were judged the fittest persons to execute most of the chief Offices and Places of the Kingdom, and the Laity did with much reverence and esteem submit to them. Great was the Authority of the Clergy in those days; and their memory should now among us be precious: They were never wanting to the King, by their seasonable Advice and Counsels. But above all, we own a great Reverence to the Bishops, in converting Scotland to the Christian Religion, and to many of them, in being instrumental in reforming that Religion, when corrupted: And since that, the Maintenance thereof against all Romish Writers, and of the Discipline thereof; against all the Practices and Power of the Schismatics: All this, and more, is owing to Bishops and Pastors; by the late want of whom to sit at the Stern, how soon was the Church split upon the Rocks of Anarchy and confusion: Notwithstanding of their Worthiness and Piety, it is observed by strangers, that the iniquity of the present Times in Scotland is such, that the Orthodox Clergy are not only hated by the Romanists, on the one side, and maligned by the Schismatics on the other side; but also, of all the Christian Clergy of Europe, whether Romish, Lutheran, or Calvinian, none are so little respected, obeyed, or rewarded, as the present Pious, Learned, Loyal and Orthodox Clergy of Scotland, even by those, who have always professed themselves of that Communion. Having given an account of the Dignity of Bishops, and the respect due to them; and the esteem they have had even in the Kingdom of Scotland, where, of late, their Successors have been exposed to contempt and disgrace. The next Attempt shall be, to be particular in what relates to the rest of the Bishops and their Sees. Of the Archbishops of Glasgow. The first, after the Restitution of the Hierarchy, was Dr. Andrew Fairfoul Preacher in Dunce, who governed that See little above a year: Upon whose Death Anno 1664. Alexander Burnet, Bishop of Aberdeen, was translated to Glasgow, and since that time, to St Andrews: Arthur Bishop of Argile, was translated to Glasgow, who now governs the See. The Cathedral of Glasgow, a very magnificent Structure, was built by Bishop John Achaean 1135. It oweth thanks to the memory of King James the Sixth, for its preservation from utter Ruin. The Ministers of Glasgow persuaded the Magistrates to pull it down, and to build two or three Churches with the materials thereof. The Magistrates condescending, a day was appointed, and Workmen ready to demolish it: The Tradesmen having notice given them of this design, convene in Arms, and oppose the Magistrates, threatening to bury the Workmen under the Ruins of that Ancient Building: Whereupon the matter was referred to the King and Council, who decided the controversy in the Trades-men's favours, reproving the Magistrates very sharply. The Diocese of Glasgow contains the Counties or Shires of Dumbarton, Ranfrow, Air, Lanerick, Peebles and Selkirk, part of the Shires of Roxburgh and Dumfreis. The Coat Armorial belonging to the See of Glasgow is Argent: St. Ninian standing full faced, proper, clothed with a Pontificial Robe Purple, on his head a Mitre, and in his dexter hand a Crosier Or. Of the Bishops of Edinburgh. The Bishopric of Edinburgh was founded by King Charles the First, of glorious memory, about the year 1633. and by him amply Endowed. Anno 1662. George Wishart, Dr. of Divinity, was promoted to this Bishopric. This worthy Divine was in the year 1638. Preacher at Leith, and for his Loyalty had very hard measure from the Covenanters, being thrice plundered of all he had, and thrice imprisoned in a filthy stinking Gaol; being delivered from thence, he went beyond Sea with the Marquis of Montross 1646. He was a person of great Integrity, and well seen in History: Upon his Death Alexander Young, Archdeacon of St. Andrews, was preferred to this Bishopric, and since was translated to the See of Ross: After him John Paterson, Bishop of Galloway, was translated to Edinburgh, who now governs the See. The Cathedral Church is that of St. Giles (of old a Collegiate Church:) a vast and magnificent Structure; it is at present divided into three partitions; three whereof are allotted to God's Public Worship. The Diocese of Edinburgh contains the Shires of Edinburgh, Linlithgow, and Berwick: The Constabulary of Haddington, and Bailiary of Lauderdale. The Arms of the See of Edinburgh, are Azure, a Saltier Argent, in chief a Mitre of the Second Garnished Or. Bishops of Galloway. Anno 1606. The first Bishop of this See, after the Reformation, was Gavin Hamilton, a worthy person: His Successor Anno 1614 was Will. Couper, a Learned and Pious Prelate: Afterwards was preferred to this See, a Learned, and Worthy Prelate Thomas Sydserfe; he was put out by the Covenanters 1638. and upon the Restitution of the Episcopal Estate was translated to Orkney; about which time James Hamilton, Rector of Cambusnethan, was promoted to the Bishopric; unto whom succeeded John Paterson, since translated to Edinburgh, in whose place D. Atkins now governs the See The Diocese of Galloway hath under its jurisdiction, the Shire of Wigton, Stewartry of Kirkudbright, Regality of Glen-Luce, and part of Dumfreis' shire. Bishop of Dunkeld. About the year 1606. James Nicolson, Parson of Meigle was preferred to the See; to whom succeeded Alexander Lindsay, Rector of St. Madoe: This Bishop being threatened with the Censures of the Assembly at Glasgow, did abjure Episcopacy, and submit to the Presbyterian Government 1639. and betook himself to the Charge of a particular Parish. Anno 1662. George Halyburton, Preacher at Perth, was preferred to the Sea, a very worthy person, he sat little above two years: Upon his Death Henry Guthry was promoted to the Bishopric: Now Dr. Bruce governs this See. The Chapter of Dunkeld consists of the Persons following. The Rector of Kinclevin, Dean. Tibbermire, Cantor. Couper, Archdeacon. Lethindy, Chancellor. Dunkeld, Treasurer. Fungart. Inch-mack, Grannoch. Logio Alachie. Blair in Athol. Eliot. The Parson of Rattary Subdean. The Parsons of Ruffill. Kepitmack in Athol. Monady. The Prebendary of Fearne. Menmure. Aberdaigy. The Diocese of Dunkeld contains the most part of Perth- shire, part of Angus, and part of West Lothian. The Bishops of Aberdeen. After the Restauration of the Episcopal Government, His most Sacred Majesty, King Charles the Second preferred David Mitchell (one of the Prebendaries of Westminster) to the Bishopric of Aberdeen. This worthy man was Anno 1638. one of the Preachers of Edinburgh; and being thrust out by the Assembly of Glasgow, retired into England; he lived not a whole year after his Consecration. To him succeeded Alexander Burnet Rector of— in Kent, who sat little above a year, being translated to Glasgow, which was then void, by the death of Archbishop Fairfoul. Upon his Translation Anno 1664. the Reverend Patrick Scougal, Parson of Salton, was promoted to the Bishopric of Aberdeen, who wisely and piously governs the See. The Chapter of Aberdeen consists of the Persons following. Since the Rectory of St. Machar was annexed to the King's College, the Principal thereof is Dean. The Parsons of Auchterless, Cantor. rain, Archdeacon. Birse, Chancellor. Daviot, Treasurer. The Rector of St. Peter's, Subcantor. The Parson of kinkel, who is the Patron of 7 Churches, kinkel, Drumblait, Monkeigie, Kintor, Kemray, Kinnellar and Dyce. The Parson of Morthlick. The Rector of Monimusk. Kincairden of Neil. Turreff. Belhelveis. Banchory-Devoneif. Logie Buchan. Coldstane. The Parson of Clatt. Methlick. Innernochty. Oyn. Crowdane. Tillinessil. Forbes. Phillorth. Lonmay. The Prebendary of Deir. elon. Several Learned and Worthy men in the Diocese of Aberdeen, were thrust out of their Live by the Covenanters. The most considerable were, John Forbes of Corse, Doctor, and Professor of Divinity in the King's College of Aberdeen. Robert Baron, Doctor, and Professor of Divinity in the King's College of Aberdeen. Alexander Scrogie, D. D. Minister in Old Aberdeen. Patrick Dune, Dr. of Physic, Principal of the Marischal College of Aberdeen. Alexander Rosse, D. D. Parson of St. Nicholas, James Sibbald, D. D. Minister in Aberdeen, John Forbes, Parson of Auchterless, Andrew Logie, Parson of Rain, John Ross, Parson of Birse, John Gregory, rector of Drummaok, John Log●e, rector of Raphan, Thomas Thoires, Minister at Vdny. The Cathedral of Aberdeen dedicated to St. Machar, was founded by Bishop Kinninmouth, who died before the work was raised six cubits high: several other Bishops were at the charge in carrying on the Building, some whereof laid the Foundation of the great Steeple, and the two lesser Steeples, others paved the floor with freestone, another adorned the Chancel with many brave Ornaments: Bishop Elphingstone did perfect the great Steeple, which was a mark for Sailors in those days, and furnished it with costly, and tuneable Bells 1489. Bishop Dumbar did perfect the two lesser Steeples cieled the Church, and built the South-Isle 1522. and his Successor, Bishop Stewart, built the Consistory House, An. 1539. This glorious structure being near 90 years in Building, did not remain twenty years in its integrity, when it was almost ruined by a crew of sacrilegious Church Robbers; for Anno 1560. The Barons of Mernis, accompanied with some of the Tounsmen of Aberdeen, having demolished the Monasteries of the Black, and Grey Friars, fell to rob the Cathedral, which they spoilt of all its costly Ornaments, and Jewels, and demolished the Chancel; having shipped the Lead, Bells, and other utensils, intending to expose them to Sale in Holland, all this ill gotten wealth sunk, not far from the Girdleness. The Body of the Cathedral was preserved from utter ruin by the Earl of Huntley; afterwards An. 1607 the Church was repaired, and covered with State at the charge of the Parish, and so continues yet in pretty good repair. The Diocese of Aberdeen contains the Shire of Aberdeen, most part of Bamff shire, and part of Mernis. Bishops of Murray. Anno 1662. Murdack Mackenzie, rector of Elgine, was preferred Bishop of Murray, since translated to Orkney: doctor Atkins was preferred to this See, and since translated to Galloway. Mr. Collen, formerly Minister of Steres, was preferred, and now governs the See. His predecessor was John Guthry, one of the Preachers in Edinburgh, in whose time fell out our second Reformation; most of the Bishops left their Bishoprics, having wisely withdrawn themselves into England, to avoid the storm which threatened them; whereas this Bishop stayed at home till his Bishopric left him; being thrust out from his benefice, by the Covenanters, he retired to his ancient Inheritance of Guthry in Angus, where he lived very contentedly, and hospitably, exercising his Charity amongst the Poor: he died much lamented, during our Civil Wars. The Cathedral of Elgine, founded by Andrew Bishop of Murray 1230, was one of the rarest Monuments that this Kingdom afforded; equal in length almost to St. Paul's in London, but surpassing it in breadth: It was demolished at the Reformation; yet some of the stately Ruins are still to be seen, and admired. The Parish-Church dedicated to St. Peter, was founded by George, the Second Earl of Huntly, about the year 1490. The Diocese of Murray contains the Shires of Elgine, Nairn, and part of Ennerness, and Bamf shires. Bishops of Brichen. Anno 1662. David Strachan, Parson of Fettercairn, was p●●f●●●ed Bishop of Brichen; he sat 〈◊〉 years, and dying 1671. was bu●●●d in the Cathedral; his Successor was Robert Lawry, Dean of Edinburgh. Anno 1639. Walter Whitefurd, of the House of Milntoun, Bishop of Brichen, was outed by the Covenanters, and plundered. The Cathedral Church of Brichen is a pretty handsome Fabric; it hath on the Southside a small Steeple, not unlike the Monument on Fish street-hill London, save that it is broader at the top, than at the bottom. The Chancel was demolished by the first Reformers. The Diocese of Brichen contains part of Angus, and Mernis. Bishops of Dumblane. Robert Leighton, Principal of the College of Edinburgh, was promoted Anno 1662. to the Bishopric of Dumblane: He was a man of singular and wonderful Piety, and of great Learning; and in him, most of the eminent Virtues we admire in the Primitive Bishops, seemed to be revived: His Life was most exemplary and severe; he Preached constantly, and by his appearance in time of his Preaching, he seemed like one in Heaven, being so much touched himself with what he delivered to others: His humility was astonishing; his meekness and charity extraordinary; his expense on himself very small; all that he had he laid out on the Poor: He was very tender of all the concerns of his Clergy: and by his excellent deportment and heavenly discourses, did much edify and instruct them all: He studied by the most gentle methods possible, to overcome the peevishness of the Schismatics; but all was in vain; for they became more insolent and stubborn: He was translated to Glasgow 1670. who in 1674. resigning, Alexander Burnet was restored, and he retired from all Public Offices. His Predecessor was James Wedderburn, Professor of Divinity in St. Andrews, and thrust out by the Covenanters. Upon the Translation of Robert Leighton, James Ramsay Dean of Glasgow, was preferred to the See 1676. The Bishop of Dumblane is always Dean of the King's Chapel Royal. The Diocese of Dumblane contains part of Perth, and Strivelingshire. The Bishops of Ross. John Paterson, Preacher in Aberdeen, was promoted to the Bishopric of Ross 1662. Upon his Death Alexander Young, Bishop of Edinburgh, was translated to this See. John Maxwell, one of the Preachers of Edinburgh, a very Learned man, a great Preacher, and of excellent parts, was Bishop of Ross, and thrust out by the Covenanters 1639. and afterwards much persecuted by them. The Cathedral of Chancnry, where the Bishop of Ross his Seat is, was demolished by the first Reformers; some part whereof is lately rebuilt. The Diocese of Ross hath under its Jurisdiction the Shires of Tayn, Cromarty, and the greater part of Innerness-shire. The Arms of the Bishopric of Ross are Argent, a Bishop standing on the Sinister, habited in a long Robe close girt, Purple, Mitred, and holding in his left hand a Crosier Or, and pointing with the Right to St. Boniface, on the dexter side, clothed, and both his hands placed on his Breast, proper. Bishops of Cathnes. Upon the Restitution of Hierarchy 1662. Patrick Forbes was preferred to the See. John Abernethy, a Learned and worthy Prelate, was promoted to this See, and thrust out by the Covenanters. Dr. Wood was preferred, and now governs this See. The Diocese of Cathnes, whereof Dornoch in Sutherland is the Bishop's Seat, contains the Shires of Cathnes and Sutherland. There is not much said of the Cathedral. Bishops of Orkney. Thomas Sydserfe, Bishop of Galloway Anno 1662. the only Bishop then alive of all that had been thrust out by the Covenanters, was translated to Orkney: He sat but a little time, dying 1663. Unto whom succeeded Andrew Honniman, a Learned and Pious man, and good Preacher: This Bishop, accompanying the Archbishop of St. Andrews, received a wound in the Arm by pistol-shot, aimed at the Archbishop of St. Andrews▪ by an obscure fellow, named Mitchel, who afterwards was executed: This Bishop died An. 1676. and was buried at Kirkwall, in the Cathedral Church. Murdack Makenzie, Bishop of Murray, was translated to this Bishopric, and now governs the See. There was one George Graham, Bishop of Orkney, being terrified with the censures of the Assembly of Glasgow, did abjure Episcopacy, submitting to the Presbyterian Government, betaking himself to the Charge of a particular Parish, 1638. Hereupon King Charles the First did promote Robert Baron, Doctor, and Professor of Divinity in the Marischal College of Aberdeen, to the Bishopric. The Learned and worthy man, having incensed the Covenanters, by expressing his Loyalty so publicly, in the Disputes between the Doctors of Aberdeen, and Mr. Henderson, Mr. Dick, and Mr. Cant, the Three great Champions for the Covenant, was forced to fly to Berwick, where he died shortly after, before his Consecration. The Diocese of Orkney hath under its Jurisdiction all the Northern Isles of Orkney and Schetland. Bishops of Argile. An. 162— was promoted to this See, — Boyd, who as he was descended from one of the Noblest Families in the Kingdom, being Brother to the Lord Boyd, so he was a very extraordinary person: He found his See full of ignorance and Barbarity; scarce any Churches or Schools in it: And in many places the very name of Christ was not known: He set himself wholly to the work of the Gospel; and planted many Churches: He resided constantly in his Diocese, and was a great example of Piety and Virtue: And for all the prejudices that are in these parts against that Order, yet he is never named among them to this day, but with great honour, as an Apostolic person. James Fairly, sometimes Bishop of Argile, was thrust out by the Covenanters 1638. and afterwards renounced his Bishopric, and accepted a private charge. Anno 1662. — Fletcher, Rector of— was preferred to the place, who dying, Anno 1665. William Scrougy, Parson of Raphan, in Aberdeenshire, was preferred to the place; he governed the See nine years, and died at Dumbarton Anno 1675. Unto him succeeded Arthur Ross, who since is translated to Glasgow. The Diocese of Argile contains the Countries of Argile, Lorn, Kintire, and Lochabyr, with some of the West Isles, such as Lismore, etc. The Arms of the See of Argile, are Azure, Two Crosiers disposed in Saltier, and in chief a Mitre, Or. Bishops of the Isles. Since the Restauration of Bishops, Robert Wallace, Rector of Barnwell, in the Sheriffdom of Air, was made Bishop of this See. Anno 1602. John Lesly was Bishop of this See, and after was translated to the Bishopric of Rapho, in the Province of Armagh in Ireland: he lived in King James the Sixth's time, a consecrated Bishop; and in King Charles the first's time; in the late Rebellion he was a great sufferer, being sequestered, and plundered; yet he outlived all this misery, and at the Restauration of Bishops in Ireland he was restored to his former Bishopric in Rapho: He was the ancientest consecrated Bishop in Christendom: To him Neil campbel, Rector of— succeeded 1602. in the Bishopric of the Isles, who was thrust out by the Covenanters 1638. A List of the Archbishops and Bishops of Scotland. The Archbishop of St. Andrews. The Archbishop of Glasgow. The Bishops of Edinburgh. Galloway. Dunkeld. Aberdeen. Murray. Ross. Brichen. Dumblane. Caithnes. The Isles. Argile. Orkney. The Bishops of Scotland take their places thus; St. Andrews, Glasgow; Edinburgh, Galloway; the rest according to the Seniority of their Consecrations. Here observe that Mr. Colin Falconer, formerly Minister of Forress, was preferred to the Bishopric of Murray. CHAP. X. Of Bishop's Jurisdictions. Of their Commissaries. Of the Court of Session. Of Presbyteries. A List of the Presbyteries of Scotland. Of Synods. Of the General Assembly. HAving given this former Account of the Bishops, according to their Successions, it will seem convenient to add something concerning their Jurisdictions, which is committed to their Substitutes. Every Bishop hath under him one Official or Commissary, who is Judge of the Spiritual Court within his Diocese: Unto this Court are referred matters of Testaments, Bastardy, Divorce, Tithes, Perjury, etc. and many civil Affairs. This Court sits at the same time with the Session; and it may likewise sit in the vacancy of Session, but then the Judges thereof, or party pursuing, must have a dispensation to decide such a case, from one or two of the Lords of Session (who are by course, upon Tuesdays and Thursdays each week, during the time of the vacancy, obliged to attend, for granting of Dispensations, and several other such business) without which the Decreet of the Commissaries is not valid in Law. The same might have likewise been said of the Sheriff Courts. Commissaries of Scotland. Commissaries of Edinburgh, Sir David Falconer. Henry Foulis. James Deans. J●hn Wishart. John Lindsey, Official of St. Andrews. Sir William fleming, Official of Glasgow. John Stewart, Commissary of Dunkeld. John Scougall, Commissary of Aberdeen. Alexander Mackenzie, Commissary of Murray. George Paterson. Com. of Ross. James Strachan, Com. of Brichen. James Inns, Official of Cathnes. Will. Scrougy, Com. of Argile. The Officials of Dumblane. Galloway. Orkney. Isles. Of a Session. There are 4 Ecclesiastical Courts in Scotland. For the clearer Method, let us begin with the Lowest Court which is in every Parish: This Court is called The Session; it consists of the chief and most grave men of the Parish, who are called Elders, and Deacons. In this small Court, whereof the Minister is Precedent, all Fornicators, Adulterers, Blasphemers, Swearers, Prophaners of the Lord's Day, etc. are convented, and put to public confessions of their sins, and professions of their Repentance, according to the degree, or heinousness of them: For Fornication, they make public confession in the Church▪ several Lords Days; in the last of which they receive Absolution: For Adultery, they make their profession of Repentance for half a year, every Lord's Day; and for six Lords Days they stand in Sackcloth, at the Church Door, half an hour before Morning-prayers, and then in the end, receive Absolution: And for other faults they do Pennance according to their several degrees. The Office of a Deacon and Elder. The Deacon's Office is, to collect the money for the use of the Poor, to delate Delinquents, and such like; that of the Elder is to be careful of the Fabric of the Church, to assist in the censuring scandalous persons, and to wait on the Minister at the Celebration of the Lords Supper, etc. This Court sitteth once a week. Of a Presbytery. The next Court is called the Presbytery, consisting of twelve, or twenty Ministers, more or less: This sits once in two or three weeks; the Moderator, or Precedent thereof, is chosen by the Bishop: In this Court are discussed Appeals from Sessions, and other difficult cases: Here are convented all those who refuse to submit to Church-Discipline; and all such as apostatise to Popery, and Quakerism; who, if they remain obstinate, are prosecuted with the Censures of the Church. Here also all such as enter into holy Orders, are examined, and an account taken of their Learning, and other Qualifications, in a course of many several Trials, as making Homilies, Sermons, and common places; which hold two or three months; and then they are returned to the Bishop, well qualified; who upon that proceeds to Ordain them. Presbyteries of Scotland. The Presbyteries of Dunce. Chirnside. Kelso. Ersiltoun. Jedburgh. Melross. Dumbar. Haddingtone. Dalkeith. Edinburgh. Peebles. Linlithgow. Perth. Dunkeld. Auchterardor. Striveling. Dumblane. Dumfreis. Penpont. Lochmabane. Midlebie. Wigton. Kirkudbright. Strannaver. Aire. Irwing. Pasly. Dumbarton. Glasgow. Hamilton. Lanerick. Biggar. Dunnune. Kinloch. Innerary. Kilmoir. Skye. St. Andrews. Kirkaldy. Couper. Dumfermling. Meigle. Dundee. Arbroath. Thirso. Forfair. B●ichen. Mernis. Aberdeen. Kincarden. Alford. Gareoch. Deir. Turreff. Fordyce. Kirkwall. Colmkill. elon. Strathbogy. Abernethie. Elgine. Forress. Aberlower. ●hanrie. Ta'en. Dingwell. Dornoch. Week. Scalloway. The Number of Parishes in Scotland is uncertain; they may be reckoned to be above a thousand. Of a Synod. A third Court, whereof the Bishop is Precedent, is the Provincial Assembly, or Synod: In this Court are discussed all Appeals from Presbyteries, and all other difficult cases: For hence are issued Warrants for visiting of Churches: Here also the lives of scandalous Ministers are tried, who if found guilty of crimes laid to their charge, are either deposed, suspended, or excommunicated. The Sentence of Excommunication cannot be pronounced against an obstinate person, but after a long process of near a years continuance, and many Citations, and much pains to bring the scandalous person (against whom only it is denounced) to a due sense of his sins, and a willingness to submit to the Censures of the Church; and than it must be ratified and confirmed by the Bishop. The Provincial Synod meets twice in the year, in April, and in October. Of the General Assembly. The Highest Ecclesiastical Court is the General Assembly; which as its constitution and authority was settled in King James' minority, was made up of two Ministers, Commissioners from every Presbytery, and one Lay Elder; a Commissioner from every Royal Burrough, one from every University, and one from the King: These had the Supreme Authority about all Church-matters: While this Court was thus constituted, there was nothing but Divisions among these Commissioners; it was impossible that any happy conclusions could be expected, when so little respect was given to the Civil Magistrates Commissioner, as does appear by all their meetings. In a word, it was from the General Assembly thus subsisting, that so much trouble in the Church was in King James the sixth's da●es kindled, and in King Charles the first's our Churches almost into Ashes; when all manner of good Order and Discipline was become a burden, they desiring to invent new Methods, by which issued nothing but confusion and desolation: By what you find in this Relation of the Bishops, according to their Successions; how lamentable a thing is it to understand, how some of these Pious and Learned men, were thrust out of their Bishoprics, others plundered, others imprisoned, and others dying in other Kingdoms among strangers? This was a forerunner of greater miseries; for afterward into what a sad Chaos did the State fall! The long peace and plenty, which we enjoyed under the Government of the best of Kings, made us wanton; our prosperity pu●t us up with pride; we were enemies to our own welfare; weary of our present State; too much desirous of Revolutions, and greedy of Novelties: Our private discontents begat jealousies and animosities, which since they could be no longer smothered, must needs burst out into a flame. We were afraid of we knew not what, nothing but the preservation of Religion, must be the pretext, and the Cloak, to cover the knavery which was afterwards acted: The great outcry in the Pulpit was, Remove these Prelates, who intent to bring us under the slavery of Rome: but it is so well a known maxim, Nullus Episcopus, nullus Rex, that I am sorry it was by this sad subversion of the Ecclesiastical Government too too direfully verified. The most subtle trick of the Devil is, when a well-establisht Government in a Church or State cannot be shaken by other of his malicious machinations, than it is, that by instruments conformable to his own genius, under pretext of Religion, or at least under a colour of reforming some abuses: (And so by degrees) this Church was of all its watch men robbed, and Wolves in Sheep's clothing put in their places; who abhorred the name, but exercised the power of a Bishop, in every one of their respective Parishes. The best of Princes perceiving this ruin approaching, was pleased that any thing which might be an offence in the Divine Worship, might be laid aside for a time, although in itself necessary; and accordingly the Book of Common Prayer, Book of Canons, and High Commission, were at that time la●d aside; ye● notwithstanding, this favour could not engage us to continue in our Duty and Allegiance: All the fruit of these singular condescensions of His Majesties, was nothing but a breathing after a desperate and horrid Rebellion; such as former Ages could no ways parallel: Then it was, the Son risen up against the Father, Brother against Brother, Parishes were divided, yea the whole Kingdom was divided against itself; which way soever we looked, nothing was to be seen, but that desolation in the Church, and afterwards in the State, which would consume the eyes, and grieve the hearts of all good and Loyal Christians and Subjects. The Church was rend by Schism; the Bishops, and many of the Reverend Clergy were thrust out, plundered & banished: Yea the house of Prayer was in a most literal sense made a Den of Thiefs. Nine years did the Kingdom lie under the Tyranny of Usurpers; till it pleased God to free us from this bondage, by restoring to us our most Gracious Sovereign: Then was the Church restored to its Ancient Government, by the most consonant Laws established upon sure and good Foundations. The great Power of General Assemblies was better regulated, in which nothing is to be proposed but by the King or His Commissioner; nor can any thing that they do be of force, till it be ratified by the King: The Supreme Ecclesiastical Court declared to be a National Synod, made of Bishops and Deans, and two Members from every Presbytery, one of whom is nominated by the Bishop of their respective Diocese, and a Commissioner from every University; and the calling of this Synod to be wholly in the Crown. CHAP. XI. The Universities of Scotland. IN Scotland there are four Universities, from which every year there is a fresh supply of Learned persons fit for public Employments and Dignities in Church and State. The four Universities are, St. Andrews. Aberdeen. Glasgow. Edinburgh. Of the University of St. Andrews. This University was founded by Bishop Hen. Wardlaw, An. Christ 1412. it is endowed with very ample Privileges. The Archbishops of St. Andrews are perpetual Chancellors thereof. The Rector is chosen yearly; and by the Statutes of the Universities, he ought to be one of the three Principals: His Power is the same with that of the Vicechancellor of Oxford or Cambridge. There are in this University 3 Colleges; viz. St. Salvators, St. leonard's, & New College. St. Salvators College. This College was founded by James Kennedy, Bishop of St. Andrews; he built the Edifice, furnished it with costly Ornaments, and provided sufficient Revenues for the maintenance of the Masters & Professors. Persons endowed at the Foundation, were, a Doctor, a Bachelor, a Licentiate of Divinity: Four Professors of Philosophy, who are called Regent's: Eight Poor Scholars, called Bursars'. Benefactors. I can give little account of the Benefactors. The Earl of Cassils' hath founded a Professor of Humanity, to teach the Latin Tongue. George Martin ceiled the great Hall. The Arms of St. Salvators College are the Globe, and St. Salvators Cross. St. Leonard 's College. St. leonard's College was founded by John Hepburn, Prior of St. Andrews Anno 152— Persons endowed are, a Principal, or Warden; Four Professors of Philosophy; Eight poor Scholars. Benefactors. Of these, take this account. The Priory of Portmuck is annexed to this College; & lately the Personage of kinkel in Aberdeen-shire. New College. New College was founded by James Beaton, Archbishop An. 153— The Professors and Scholars endowed, are of Divinity; for no Philosophy is taught in this College. Present Professors. In St. Salvators College; Dr. Skeen Provost; Mr. Thomson, Mr. Kinnaird, Mr. Martin, Mr. Minzies, Professors of Philosophy. Mr. Moncrief, Profess. of Humanity. In St. leonard's College. Dr. Weems Provost; Mr. Crockat, Mr. ●arnaigy, Mr. Cunninghame, Mr. Wood, Professors of Philosophy; Mr. Saunders, Prof. of the Mathematics; Mr. Ker, Prof of Humanity. In New College. Dr. Moor, Arch Deacon. Dr. Combrie, Dr. Falconer, Professors of Divinity. There was lately founded in the University of St. Andrews, a Prof. of Mathematics. The short and bad Account of this University, is for want of better Information. Learned Men and Writers. John Mayor, Provost of St. Salvators, a person according to the Learning of those times, very famous: His History of the Scottish Nation is not so much esteemed, being very short, and in the style and way of writing, Scholastical and Quodlibetical; he wrote also on the Master of Sentences; he flourished about the year 1520. Andrew Melvil, Professor of Divinity in the New College; a man well seen in the Hebrew Language, and the Rabbinical Writings: he was the first who kindled the great Confusions in the Church, by introducing the Discipline of Geneva. John Baron, Doctor, & Professor of Divinity in the New College, was a person of great worth and Learning, and of great candour; he died in the time of our late Confusions. Sir John Wedderburn was a Professor of Philosophy in this University; but that was too narrow a place for so great a person, who became since so celebrated for his great Learning and skill in Physic: and though his infirmities, & great Age, forced him to retire from public practice and business, yet his fame attracted all the Nation to him: and his noble hospitality and kindness to all that were learned and virtuous, made his conversation no less loved, than his advice was desired. Samuel Rutherfurd, Professor of Divinity in the New College, was very famous in those times for quickness, and subtlety in disputing and writing: he was judged to be very devout: he wrote Exercitationes de Gratia, and Disputationes de Providentia: he was a wonderful asserter of the Superlapsarian Hypothesis: he wrote also many Books in English; some Controversial, as The Divine Right of Presbytery, and other pieces of Devotion and Sermons: he wrote also Seditious Books condemned by Law, about the Power of the King, and the Privilege of the people, called Lex Rex. He died ●661. Alexander colvil, Doctor, and Professor of Divinity in the New College: he was before Professor at Sedan: he was Learned in the Hebrew, and was a great Textuary, and well seen in Divinity: He died about the year 1664. James Wood, Professor of Divinity, and Provost of St. Salvators, was a person both judicious and wise; as also of considerable Learning; he wrote a Book against Independency. He died about the year 1664. John Johnston, Professor of Divinity in the New College, wrote a Paraphrase of the Psalms, and other most excellent Poems, and was very much admired for his skill in the Latin Tongue, and Poesy: He flourished about the year 1610. David Calderwood, a man of great Reading and Study; but very unhappy in his way of expressing himself; both which appeared in his Altar Damascenum: He was at first very factious, and banished the Kingdom by King James the Sixth, yet was afterwards much neglected by that violent party, who judged him too moderate, though from his Book none would imagine him guilty of it. James Durham, a Gentleman of a good Family, and Learned; was bred in this famous University; he wrote a judicious Book of Scandal, with good Learning in it: There are also Expositions of his upon the Revelation, and on the Song of Solomon; and the Ten Commandments; all published since his Death. George Gillespie was also bred here, who was a very pregnant young man, had great freedom of expression, and much boldness, which raised him to make a very considerable figure among the Covenanters: He had some good Learning, but was very factious: He wrote against the Ceremonies, and many pieces against the Erastians'. He died Anno 1649. James Gregory, Professor of the Mathematics in this University, was a person of most extraordinary Learning in that Science: He had a strange faculty of resolving the hardest Problems, and seems to have found a Non plus ultra in Geometry: He was Fellow of the Royal Society, & much admired both in France, Italy, and England, where he traveled; but lost both his Eyes, and soon after died, 1674. In this University many of the chief Nobility are bred; among whom, none has done greater honour to St. Leonard's College, where he was bred, than his Grace the Duke of Lauderdale, to whom, as Learning seemed entailed (his Family for four Descents, having been most famed for Learning, of any of their Quality) so he received these impressions in this University; that, being since much improved, have rendered him so eminent for Learning; of which only my Subject leading me to speak, I shall say nothing of his other extraordinary Qualities. Archbald Napier of Marchistone, was a profound Scholar, and of profound worth: His Logarithms have rendered him famous throughout the whole world: He wrote also an Exposition on the Revelation. He died 162— Sir Robert Murray, a great promoter, and Fellow of the Royal Society, was a person of wonderful Abilities, vast Apprehensions, great depth of Judgement, and universally known in every thing, but more particularly in the Mathematics: He was a great ornament to the Age he lived in, and an honour to his Country. He died Anno 1674. CHAP XII. The University of Glasgow. IT was founded Auspiciis, pietate & benignitate, eximii principis Jacobi Secundi, Scotorum, Regis Serenissimi; indulgentiam faciente, & jus ac facultatem studii generalis sanciente, Nicolao Quinto, Pontifice Romano, ejus erectionem, & constitutionem, magno labour, & sumptibus, procurante Reverendo Antistite Guilielmo Turnbullo, Episcopo Glascuensi. The words of the Bull are, studium generale vigeat tam in Theologia, ac jure Canonico & civili quam artibus & qualibet alia facultate; quodque Doctores & Magistri ibidem omnibus & singulis privilegiis, libertatibus, honoribus, immunitatibus, exemptionibus per sedem Apostolicam vel alios quomodolibet Magistros, Doctoribus & Studentibus, in study nostrae Civitatis Canoniensis Concessis, gaudeant & utantur. The persons founded were, a Rector, a Dean of Faculty, a Principal or Warden, who was to teach Theology: Three Professors to teach Philosophy: Afterwards some Clergymen professed the Laws here, being invited to that profession, rather by the convenience of a Collegiate life, and the immunities of the University, than by any considerable Salary. King James the Sixth Anno 1577. did establish Twelve persons in the College, viz a Principal, three Professors of ●h●losophy, called Regent's; four Scholars, called Bursars'; an Oeconomus or Provisor, who furnisheth the Table with provisions, the principal Servant; a] anitor, and a Cook. Benefactors. The Kings of Scotland have been great Benefactors to this University. King James the Second, the Founder of it, did bestow considerable Revenues, and endowed it with many privileges and immunities. The words of the Letter under the Great Seal, 12. Kal. Maii 1453. are, Omnes & singulos Rectores, qui pro tempore fuerint, facultatum Decanos, procuratores Nationum, Regentes, Magistros & Scholar's in hac universitate students, sub nostra firma pace & custodia, defension & manutentia suscipimus, eosdemque Rectores, etc. ab omnibus Tri●utis, exactionibus, Taxationibus, collectis, vigiliis, custodiis eximimus & postea eximendos statuimus. The same privileges were confirmed by King James the Third Anno 1472. by King James the Fourth, 1509. by King James the Fifth, 1522. & by Queen Mary, 1547. About the time of the Reformation, the University was almost brought to desolation, and had been ruined, had not King James the 6th in his Minority, restored it by his Royal bounty and munificence: He confirmed all the privileges, and bestowed upon it the Tithes of the Church of Govan, Anno 1577. Afterwards he ratified all the former Acts, made in favour of the University, and made some new Donations, Anno 1617. King Charles the First did ratify all the old Privileges, and bestowed Money for repairing the Fabric. King Charles the Second, by the Advice of the Estates of Parliament, gave also Money for the same purpose. Bishop Will. Turnbull, by whose procurement the Pope's Bull was obtained, was very liberal to the College, bestowing upon it both Lands and Revenues; and so were several of the Bishops, and Archbishops, who succeeded him. The City of Glasgow were also Benefactors to the College. The Ground on which the College stands, with a Field adjacent thereunto, was the Donation of James Lord Hamilton. Since the Reformation, sundry private men have given considerable sums of Money towards the maintenance of poor Scholars; as William Struthers, Zachary Boyd, Thomas Crawford, Ministers. Others have bestowed Money for repairing the Fabric; as Alexander Boyd, Matthew Wilson, Ministers. James Law, Archbishop of Glasgow, was very bountiful to the College; for he much augmented the Revenues thereof, and bestowed many choice Books, which are in the Library. Will. Earl of Dundonald, An. 1672. gave about a thousand pounds sterling, towards the maintenance of Bursars'. John Snell hath of late bestowed six thousand Marks Scottish, for enriching the Library, and adorning the Fabric. The Archbishops of Glasgow are perpetual Chancellors of the University. The Rector is chosen once every year. David Cadyow, Canon of Glasgow, was the first Recotr; and William Elphistoun, Official of Glasgow, afterwards Bishop of Aberdeen, was the first Dean of Faculties. Principals. Anno 1454. David Binch first Principal: His Successors are not known, because the old Records and Registers of the College were either destroyed, or taken away at the Reformation. Anno 1577. Andrew Melvill. Anno 1580. Thomas Smeton. Anno 1600. Patrick Sharp. Anno 1615. Rob. Boyd of Trochrig. Anno 1622. John Cameron. Anno 1626. John Strang, D. D. Anno 1650. Robert Ramsey; he lived but a month after his instalment. Anno 1653. Patrick Gillespie. Anno 1660. Robert Baily. Anno 1662. Edward Wright, present Principal. Professors of Divinity. Anno 1640. David Dickson. Anno 1649. Robert Baily. Anno 1660. John Young. Anno 1668. Gilbert Burnet. Anno 1674. David Liddel, present Professor of Divinity. The Principal taught Theology, till An. 1640. at which time there was a Salary settled for maintenance of a Professor of Divinity. There is no Coat of Arms peculiar to this University; but they use the Arms of the City of Glasgow. Present Professors. Sir Will. fleming of Fern, Rector. Doctor Matthew Brisbane, Dean of Faculties. Edw. Wright, Principal or Warden. David liddel, Prof. of Theology. Professors of Philosophy. William Blair, Tho. Nicolson, John Tran, John Boyd, Learned Men and Writers. John Sharp, Doctor and Professor of Divinity; a man well Learned, and a good Textuary. John Cameron Principal, of whom I need say no more, but that he was the great Cameron, so well known to the world, by his excellent prelections on the New Testament; he acquired so much fame in France, where he was Professor of Divinity in Sawmer, that King James the 6th brought him to Scotland, hoping that his Learning and worth would have had some effects upon the Puritans; but he finding them untractable, went back to France, where he lived and died in great esteem. Robert Boyd Principal, was a very excellent person, and of considerable Learning; he wrote a large Commentary on the Ephesians. John Strang, D. D. a man of great parts, extraordinary subtle, and of a most solid reason, as appears by his most excellent Books, De Voluntate Dei in actibus humanis, and De Scriptura Sacra. David Dickson, Professor of Divinity; a man wonderfully esteemed and reverenced for his piety by the Covenanters, not unlearned; he wrote a Commentary on St. Matthews Gospel on the Psalms, and the Epistles to the Romans, and Hebrews; also a Book of practical Divinity, called Therapeutica Sacra, which he wrote in Latin. Robert Baily, Professor of Divinity, and afterwards Principal; a Learned and modest man: though he published some very violent Writings, yet those flowed rather from the instigation of other persons, than his own inclinations: He has left a great Evidence of his Diligence and Learning in his Opus Chronologicum. Alexander Nisbet, and James Ferguson, two Ministers much esteemed, were bred in this University; they wrote each of them Commentaries on some of the Epistles. George Hutchison was also bred here, who was accounted one of the greatest Preachers of the Presbyterian party, and was a Learned man: He wrote on the twelve minor Prophets; on Job, and on the Gospel of St. John. He died Anno 1674. George Buchanan, of an excellent Wit, and Learning incomparable, was bred in this College: He was admired of all men who knew him, for ●is Learning and subtlety: He wrote his Paraphrase on the Psalms, a rare Work, and other Poems, whilst he stayed in France, where he lived in a long time, and became acquainted with many Learned men; he applied himself to write the Scottish History in Latin, which he penned wi●h such Judgement and Eloquence, as no Country can show a a better: Only in this he is justly blamed, that with the Factions of the Time, and to justify the proceed of the Noblemen against the Queen, he went too far in depressing the Royal Authority of Princes, and allowing their controlment by Subjects: His bitterness also in writing of the Queen, and Troubles of these Times all wise men have disliked: He died in a great Old Age at Edinburgh, and was buried in the common Burying place, without having any Tomb erected for his memory: But such pompous Monuments as these of Marble, he was wont in his life time to despise, esteeming it a greater Credit, as it was said of the Roman Cato, to have it asked why he doth lack a Statue, than to have had one erected, though never so glorious. CHAP. XIII. The University of Aberdeen. IN the Reign of King Alexander the Second, Anno 121— there was a Studium Generale in Collegio Canonicorum; where there were Professors and Doctors of Divinity, and of the Canon and Civil Laws; and many Learned men have flourished therein. King James the Fourth, and Will. Elphinstoun, Bishop of Aberdeen, procured from Pope Alexander the 6th, the privilege of an University in Aberdeen Anno 1494. It is endowed with as ample privileges as any University in Christendom; and particularly the Foundation relates to the privileges of Paris and Bononia; but hath no reference to Oxford, or Cambridge, because of the Wars between Scotland and England at that time: The privileges were afterwards confirmed by Pope Julius the Second, Clement the 7th, Leo the 10th, and Paul the Second; and by the Successors of K. James the Fourth. The Bishop of Aberdeen is perpetual Chancellor of this University, and hath power to visit in his own person, and to reform Abuses: And although he be not a Doctor of Divinity, yet the foundation gives him power to confer that degree. The Office of Vicechancellor resides in the Official or Commissary of Aberdeen. The Rector, who is chosen yearly, with the Assistance of his Four Assessors, is to take notice of Abuses, etc. in the University, and to make a return thereof to the Chancellor: If one of the Masters happen to be Rector, then is his power devolved upon the Vice Chancellor. The College was founded by Bishop William Elphinstone An. 1500. and was called the King's College, because King James the Fourth took upon him and his Successors, the special protection of it. Persons endowed were, A Doctor of Theology, who was Principal. The Canon Law. The Civil Law. Physic. A Professor of Humanity to teach the Grammar. A Sub-principal to teach Philosophy. A Cantor. A Sacrist. Three Students of the Laws. Three Students of Philosophy. Six Students of Divinity; An Organist; Five Singing-Boyes, who were Students of Humanity. Benefactors. Bishop Will Ephinstone, the Founder, built most part of the Fabric; furnished the great Steeple with Ten Bells; gave many costly Ornaments, as Hang, etc. and many Books. King James the Fourth bestowed upon the College the Rents of the Hospital of St. Germane in Lothian, whereof the Tithes of the Parishes of Aberluthnot in Mernis, of Glenmuick, and Glengardin in Mar, are a part: As also the Tithes of the Parish●s of Slanes and Furvie in Buchan. King James the 6th bestowed upon it the Rents of the Carmelite Friars of Bamf; the Chaplainries of Westhall and Fallowroul. King Charles the First gave to the College two parts of the Revenues of the Bishopric of Aberdeen, so long as the See should remain vacant, An. 1641. upon which Donation, eight Bursars more were endowed, and the University was called the Caroline University. King Charles the Second, by the Advice of the Estates of Parliament, did bestow upon it Anno 1672. the stipends of all these Churches, wh●ch should happen to be vacant within the Dioceses of Aberdeen, Murray, Ross and Cathnes; and that for seven years, following the Date of the Act. William Stuart, Bishop of Aberdeen, built the Library, Chapterhouse, Vestry-house, a School, and Chambers for the Chaplains. Gavin Dumbar, Bishop of Aberdeen, built the South-quarter of the College, and the Houses belonging to the Prebendaries; and did perfect whatsoever Bishop Elphinstone left undone. Nicholas Hay, Professor of the Civil Law, and Official of Aberdeen, gave maintenance for Bursars'. Duncan Sherar, Parson of Clat, gave certain Lands towards the maintenance of Bursars'. Robert Maitland, Dean of Aberdeen, procured the annexation of the Deanery to the College Anno 1579. Walter Stewart Principal, procured the annexation of his Rectory of Methlick to the College. Sir Thomas Burnet of Leyis, endowed three Bursars. James Wat, Rector of Snaith in Yorkshire, gave certain Lands towards the maintenance of a Student of Divinity. Alexander Reid, Dr. of Physic, left in Legacy to the College, two hundred pounds of English money: He also left his Books to the Library. John Forbes, Doctor, and Professor of Divinity, did purchase two Houses; he left one for the accommodation of his Successors, Professors of Divinity; and the other for the use of the Cantor. The following persons left their Books to the Library; Alexander Strachan, Doctor and Professor of Divinity. George Clerk, a Minister. Thomas Garden. George Anderson. Sir Francis Gordon. Alexander Blackhall, Student of Divinity, Resident at London. Thomas Mercer, Burgess of Aberd●en. Principals. An. 150 — Hector Both, or Boys, (descended from the Boeths of Panbride in Angus) Born in Dundee, and Bred up in Letters in the University of Paris, was the first Principal: Besides his History of the Scots, he wrote the Lives of the Bishops of Aberdeen. Anno 153 — Will. Hay Sub-principal, was his Successor. Anno 1552. John Biffait continued six years, and resigned his place, because of his infirmity proceeding from long sickness, to Anno 1558. Alexander Anderson, Sub principal, who was also Parson of Tyrie, and Vicar of kinkel. This man was a great Scholar, and a subtle Disputant; but no great friend to the College: For the hatred he bore to the Reformed Religion, he alienated some of the College Revenues; destroyed many of its Writings and Evidences, whereby many Lands and other Rents belonging to St. Germane, are quite lost; sold the Ornaments, Books, and other furniture belonging to the College. Commendable he was in one thing; for when some of the Reformers would have taken away the Lead and Bells he beat them away by violence He was afterwards turned out, and the place conferred upon▪ Anno 1569. Alexander Arbuthnot (Brother to the Baron of Arbuthnot) Parson of Arbuthnot, and Logy Buchan, a most Learned and pious Divine. Anno 1584. Walter Stewart, Sub-principal, was his Successor, a very hopeful person, taken away in the thirty sixth year of his Age. Anno 1593. Upon his Death David Rait (of the House of Hallgreen in the Mernis) Sub-principal, was preferred to the place: He continued Principal forty two years. Anno 1634. To him succeeded William Leslie, D. D. Sub-principal, a man of great Learning: In his Time, Anno 1634. a storm of Wind beat down the Top of the great Steeple, which afterwards was built more stately, consisting of 4 Arches, supporting a Crown with a Globe and Cross. Principal Leslie was for his Loyalty thrust out by the Covenanters, and in his room was Elected, Anno 1640. William Guild, Doctor of Divinity, Minister in Aberdeen, and one of the Chaplains to King Charles the First, a Learned and worthy person: He built the Tradesmens Hospital in Aberdeen; left considerable Legacies to the Poor, and bequeathed his Books to the Library of St. Andrews. Anno 1649. The General Assembly gave a Commission to some Ministers, and Lay Elders, to reform the College, and to expel the Malignants. Persons thrust out. Dr. Will. Guild, Principal. Alex. Middleton, Sub-principal. Professors of Philosophy. Patrick Gordon, Geo. Middleton, Persons put in their places. The Commissioners at that time did not unanimously agree whom to put in; and considering Winter drawing near, that the College would not be well governed, unless there were a Principal or Sub-principal; therefore they ordered the Sub-principal to continue, till his place was supplied by another. Shortly after, the Masters restored the Principal, in despite of all opposition, to his place. Anno 1651. General Monk sent five Colonels to reform the College. Colonel Fenwick, Moseley, Disburrough, Owen and Smith. At this Reformation, both Principal, and Sub-principal, were turned out. Gilbert Reule was substituted in the room of the latter; and the place of the former was conferred upon▪ Anno 1652. John Row, an Independent Minister in Aberdeen, a person well seen in the Latin and Greek Languages, and not ill in the Hebrew. In his Time Anno 1657. was laid the Foundation of the New Work, in the North-East corner of the College, of six Stories high, consisting of 24 Chambers, with Chimneys, & conveniencies, a School, and a Bulliard-house. The Money that built it was given by the Masters & other well disposed persons, whose names are written in a Register called Album Amicorum Collegii Regii Abredonensis. Mr. Row continued Principal till Anno 1661. At which time William Rait, Minister at Brichen, was preferred to the place; he stayed only a year, and returned to Brichen. Anno 1662. Alex. Middleton, Minist. in old Aberdeen, and Sub-principal, of whom before, succeeded him. Professors of Divinity. The Professor of Divinity was founded by the Bishop, Synod and College of Aberdeen Anno 162— The first Professor was John Forbes, Doctor of Divinity, a most pious, peaceable and Learned Divine; he continued till the year 163— And being by the Magistrates of Aberdeen chosen to be one of the Ministers of the Town, he left for his Successor Anno 1634. Andrew Strachan, Dr. of Divinity, who lived little above a year after his Instalment. Anno 1635. Dr. Forbes was chosen Professor again, and continued, till for his Loyalty, he was thrust out by the Covenanters, Anno 1639. Shortly after he went into Holland, where he published his Instructiones Historico-Theologicae; and returning home, died in his house of Corpse: Anno 164 — William Douglass, Minister at Forgue, succeeded Dr. Forbes: He died Anno 1665. Anno 1673. Henry Scougall, Parson of Achterless, was after some years' vacancy, preferred to the place. The Election of the Rector, Dean of Faculties, Professor of the Oriental Languages, Professors of Philosophy, etc. is by the major part of the Masters: The Principal, and rest of the Prebendaries, are chosen not only by the major part, but also by four Procuratores Nationum: In all the Elections the Foundation gives the Principal one great privilege: Volumus enim ut in hisce omnibus Electionibus Principalis habeat vocem nominativam, Electivam & Conclusivam; which seems to be a negative voice inherent to him. If a place be vacant, a Bursar or Alumnus, is to be preferred before any other, if he be sufficiently qualified: If a vacant place be not filled within one month, than it falls to the Chancellor jure devoluto, who presents one for that time. The Procuratores Nationum, their having a Voice in the Election, imports the Like to be in the Scholars, from whom they derive their power of Voting: The Scholars are divided into four Classes, according to the number of Dioceses, or Provinces, wherein they live. The Provinces are these; 1. Provincia Abredonensis, contains the Shires of Aberdeen and Bamf. 2. Provincia Moraviensis, includes all those Countries that lie on the North-side of the River Spey. 3. Provincia Augusiensis, contains Angus, and Mernis. 4. Provincia Laudoniensis, comprehends, besides Lothian, all the rest of Scotland. The Students of each Province, do choose a Procurator, to give up their Votes in the Election. Every Michaelmas the Masters convene after the ending of the Ten week's Vacation, and a Problema is affixed on the College Gates, inviting young Scholars to come and dispute for a Burse (which is their maintenance at the College.) To these are prescribed Exercises or Themes to make, than Latin Authors in prose and verse to expound, and the first four (for so many Burses are void at every Commencement) who are reckoned to be the best Scholars, are preferred. In October the Students begin to convene: They wear a Scarlet Gown with hanging Sleeves; and these who are Bursars', a black Gown with a Girdle: Their time of continuance at the University is four years: They are ranked into four Classes. To those of the first Class is taught the Greek Language. The Students of the second Class learn Logicks and Metaphysics. Those of the third (who at the years end are Bachelors of Arts) do learn Ethics and general Physics. The fourth and highest Class do complete their course with special Physics and Mathematics. The time of Commencement of Masters of Arts, is in July: The manner thus, as in all other of the Universities. These who are to receive their degrees, do publish their Theses, some days before the Commencement, inviting all Learned men and Scholars to come and dispute. At the day appointed, great preparations are made; the Candidates apparelled in black, with black Gowns: and at Ten of the Clock all go into the public School, where the Professor of Philosophy, or Regent, who is to confer the degree (or in some Colleges the Principal confers the degree) makes a long Speech, beginning with prayer, to the Auditors; which being ended, the Disputes begin, and continue till Four or Five of the Clock: Then they take a little refreshment, and so return to the Graduation or Lauriation. The following Oath is tendered to the Candidati. Ego A. B. coram Omniscio & Omnipotenti Deo, Religionem & Fidem, unicam & solam Orthodoxam, in Ecclesia Scoticana palam propositam, professurum me, & ab omnibus Pontisiciorum & aliorum quorumcunque haeresibus longe abhorrentem, spondeo, voveo juro: Insuper, Vniversitati huic, almae Parenti, cui hanc ingenii culturam debeo, liberaliter relaturum me nutritiam quam potero, eâdem fide solenniter promitto: Quod si fidem, sciens & volens, fefellero, arcanorum cordis recessuum Scrutatorem Deum, ultorem & vindicem non recuso: Ita me adjuvet Deus. After the Oath, one of the Candidati ascends the Desk; and the Regent taking into his hand a Hat, or Cap, with these following words, doth give him his Degree. Ego eadem Authoritate, quam summi ac potentissimi principes Almae huic Vniversitati amplissimam indulsere Te A. B. in Artibus liberalibus, & Disciplinis ●hilosophicis Magistrum creo, proclamo, constituo, renuncio, Tibique potestatem do, legendi, scribendi, omniaque id genus alia committendi, quae hîc, aut ubivis gentium, Artium Magistris concedi solet: Et in signum manumissionis Tuae: Caput Tuum hoc pileo (putting the Cap on the Scholar's head) adorno, Quod ut Tibi faelix faustumque sit, Deum optimum, maximum precor: Insuper, librum hunc tibi apertum trado; ut ingenii tui aliquod specimen coram celebri hoc coetu edas, rogo. Then the Graduate hath a short Speech to the Auditors, and so the Ceremony is ended, with clapping of hands, sounding of Trumpets, Shouting, etc. Thus are all the Candidati graduated one after another. Present Masters and Professors. John Menzies, Professor of Divinity in the Marischal College of Aberdeen, Rector. Dr. Lewis Gordon, Dean of Faculty. Alexander Middleton, Dean of Aberdeen, Principal. Henry Scougall Prof. of Divinity. Sir Geo Nicolson Prof of The Laws. Patrick Vrqhuart, Dr. and Professor of Physic. George Middleton, Sub-principal and Professor of Philosophy. Patrick Gordon, Prof. of Humanity, and of the Oriental Languages. Robert Forbes Prof. of Philosophy. John Buchan Prof. of Philosophy. Geo. Middleton Prof. of Philosophy. There are also a Student of Divinity, 15 Bursars of Philosophy: And A Cantor, who is Master of the Musick-School in the Town. An Oeconomus. A Janitor. A Cook. A Gardener, and other inferior Servants. Learned Men and Writers. Hector Both, Principal, according to the Time he lived in, was very considerable, a great Philosopher, and much commended by Erasmus for his Eloquence. Buchanan, who could well discern of Learned men, speaking in a certain place of him, saith, Quod non solum artium liberalium cognitione supra quam illa ferebant tempora insignis erat, sed etiam humanitate & comitate singulari praeditus. That he was not only notably Learned in the Liberal Sciences above the condition of those Times; but also of an exceeding courteous, and humane inclination; yet he is traduced by some of the English Writers, for a Fabulous and partial Historian: But they who please to peruse his History, will perceive that that is spoken out of passion and malice, and not upon any just account. John Lesley, Canonist in the King's College, and Official of Aberdeen, was a very worthy person, and of great Learning in those days he lived in: He suffered much for his Loyalty to his Princess Queen Mary. John Forbes, Dr. and Professor of Divinity: All that I shall say of this great man is, that he was one of the best Scholars that ever our Kingdom bred, as will appear to all that ever read his Instructiones Historico-Theologicae; which these very unhappy Times suffered him not to finish, to the great regret of all Learned men: His Irenicum doth also show both his Learning, and Moderation: His piety and devotion was so signal, that his name will be always remembered there, with great honour. William Guild, D. D. Principal; he wrote Commentaries on several Books of the Old Testament, a System of Divinity, and many Treatises against the Papists: He had a fair Estate, which he left to pious uses. Arthur Johnson, Doctor of Physic, and Rector of the University, was an excellent Poet. William Douglass, Professor of Divinity, a man of great industry; he wrote some little Treatises. There were also three Brothers descended from a Noble Family, Duncan, Thomas and Gilbert Burnet, who were bred here, and were in great esteem. The first was a Dr. of Physic, and practised in Norwich; he was Learned, holy, and good. The second was of the same profession, and likewise in great esteem in Braintrey, where he practised Physic. The third was a professor of Philosophy, first at Basil, then at Montaubon, and was in such esteem there, that a National Synod of the Protestants in France appointed his Philosophical Writings to be printed at the expense of the Clergy: But he dying before his Manuscripts were Put in order, only his Book of Ethics was printed; they all three flourished about the year 1630. George Middleton, Dr. of Physic, was once a professor of Philosophy here, a man of considerable parts, and good Learning, and well skilled in the practice of Physic. William Gordon, Dr. and Professor of Physic here, was a very worthy person, of great judgement, and well seen in that Science: He died Anno 164— James sandiland's, Doctor, and Professor of the Laws here, and Official of Aberdeen, was a Learned man, and a great Civilian: He died Anno 164— Many other Learned men have been Professors here, beside those who have had their Education in this College. Of the Marischal College of Aberdeen. The Marischal College of Aberdeen, was founded by George Keith, Earl Marischal, Anno 1593. Persons endowed were, A Principal. Three Professors of Philosophy. Since that there hath been added, A Professor of Divinity, And A Professor of Mathematics. A fourth Professor of Philosophy. Twenty four poor Scholars. Benefactors. George Earl Marischal, Founder, gave towards the maintenance of the Professors, certain Lands, lying near Aberdeen; and at Bervie in Mernis. The Town of Aberdeen built most part of the Edifice. Thomas Wood left an Annual Salary to a Library-keeper. Bernard cargil gave a considerable sum of Money towards the maintenance of a Professor of Mathematics. Sir Alexander Irwing of Drum, left in Legacy towards the maintenance of poor Scholars, or Bursars of Philosophy and Divinity, a thousand pound sterling. King Charles the First bestowed upon the College, the third part of the Rents of the Bishopric of Aberdeen, so long as the See should continue vacant, Anno 1641. Alexander Reid, Dr. of Physic, left in Legacy to the College, and Grammar-School, two hundred pounds sterling. Alexander Ross, D. D. Minister in Aberdeen. William Guild, D. D. Minister in Aberdeen. Patrick Dun, Dr. of Physic, each of them gave money to maintain Bursars: Several of the Benefactors left their Books to the Library. Principals. Anno 1593. Robert How, the first Principal. Anno 159— Gilbert Grace. Anno 160— Andrew Aidie. Anno 161— William Forbes, Dr. of Divinity, afterwards B. of Edinburgh. Anno 162— Patrick Dun, Dr. of Physic. Anno 1639. William Moir. Anno 1663. James Leslie, Dr. of Physic. Professors of Divinity. Anno 162 — Robert Baron, Dr. and Professor of Divinity, afterwards B. Elect of Orkney. Anno 164 — John Menzeis. Present Professors. Patrick Sibald, Rector. Robert Paterson, Principal. Duncan Liddel, Professor of the Mathematics. George Peacock, Sub-principal, and Professor of Philosophy. George Paton, Robert Farquar, James Lorimer, Professors of Philosophy. The Earl Marischal is the only Patron of this College. Learned Men and Writers. William Forbes D. D. Principal, was a Person of rare endowments, vast learning, and a celebrated Preacher: He was the first Bishop of Edinburgh, and indeed a Holy Person; of whom all that ever knew him, gave this Character: That they never saw him, but they thought his heart was in Heaven; he was indeed a fit pattern to all that should come after him. Robert Baron, Doctor, and Professor of Divinity, was a Person of incomparable worth, and learning, he had a clear apprehension of things, and a rare faculty of making the hardest things easily understood, he is well known by his Book, De objecto formali fidei, and his Metaphysics, and other small Treatises: there are many other Manuscripts of his, which are not yet Published, and he bore the greatest part of that famous debate, Anno 1638, between the Doctors of Aberdeen, and the Covenanters. Alexander Reid, Doctor of Physic, was bred here, he became very famous in London, and left a great part of his Estate to pious uses, in and about the places of his Education. Duncane Liddel, Doctor of Physic, was bred here, and much esteemed for his learned Writings, as his Book De febribus, and several other Books which he wrote. Sir Alexander Fraser, His Majesty's first Physician, was educated in Aberdeen, whose learning, and happy practice of Physic, as they raised him to such esteem, and dignity, so his constant loyalty, and ●●gh generosity did answer that noble Race of fraser's, from whom he descended, CHAP. XIV. The University of Edinburgh. KIng James the sixth of Blessed Memory, Anno 1580, founded this University, upon the supplication, and address of the Magistrates of that City, unto His Majesty for that effect. He granted to them a Charter, under the great Seal, allowing them the full liberty, and privilege of an University within their Town. but the foundation was not perfected till Anno 1582. The privileges of this University are the same with those of any other University in the Kingdom. The dignity of Chancellor, and Vice Chancellor doth reside in the Magistrates, and Town Council of Edinburgh, who are the only Patrons: neither was the dignity ever conferred upon any single Person. The Persons endowed were, A Principal, or Warden. A Professor of Divinity. Four Masters or Regent's (for so they are called) of Philosophy, a Professor or Regent of Humanity (Humaniorum literarum) or Philology. Since the first Foundation the Town hath added a Professor of Hebrew, Anno 1640. Doctor Conradus Otto, a learned Jew, was the first Professor. The City of Edinburgh likewise added a Professor of Mathematics, preferring James Gregory Fellow of the Royal Society to the place, Anno 1674. Benefactors. King James the 6th was Founder. The College was Built, and the Masters, and Bursars are maintained by the public, and private benevolence of the Citizens of Edinburgh. The Earl of Tiviot hath built several convenient Chambers, being educated in this College, and left Money for the maintenance of several Bursars. Several Citizens have built Chambers, and mortified considerable Sums of Money for the use of the University. All the Benefactors names are inserted in the Books of the Town-Council, and in the Register of the Library, and are also drawn in golden letters upon several places in the walls of the Library, together with their several donations; and also at the time of the public commencement which is once every year, they are recited, viva voce, in the hearing of all. The Library was founded by Clement Little, one of the Officials, or Commissaries of Edinburgh, Anno 1635. since which time, it is much increased both by Donatives from the Citizens, as also from the Scholars, who are more in number here, than in any other College in the Kingdom. There is a gift in this Library, of one Mrs. Scot, to the value of 30 lib. the more esteemed, because it is from a worthy Matron, and lover of learning, a good example to all others of her Sex. Principals. Anno 1583. Robert Rollock, one of the Ministers of the City; who was likewise Professor of Divinity (for all the principals here are primarii professores Theologiae) was the first principal, and Rector of the University. Anno 1600. Henry Charters. Anno 1620. Patrick Sands. Anno 1622. Robert Boyd. Anno 1625. John Adamson. Anno 1653. Robert Leightone, who was afterwards preferred to be Bishop of Dumblane. Anno 1662. William Colvil. Anno 1675. Andrew Cant. Professors of Divinity. Anno 162— Andrew Ramsay. Anno 1630. John Sharp, Doctor of Divinity. Anno 1650. David Dickson. Anno 1664. William Keith D. D. Anno 1675. Laurence Charters. Present Professors. Andrew Cant, Principal. Laurence Charters, Professor of Divinity. Alexander Dickson, Hebrew Professor. Gilbert Macmurdo, Andrew massy, Mr. Litherdale, Mr. Cockburn, Professors of Philosophy. Alexander Cuninghame, Professor of Humanity. Alexander Hendersone, keeper of the Library. Learned Men and Writers- Robert Rollock, Principal, a Person of great worth and learning, he wrote Commentaries on the Psalms, and some of the Prophets, some Sermons and pieces of Devotion were published by him; he was in great esteem with all good men, for his learning, holiness, and moderation. Henry Charters, Principal, a Person of great modesty and humility, and well seen in Theological learning. Patrick Sands, Doctor of Divinity, Principal, very learned in the Mathematics. John Adamson, Principal, a man of great learning, and of very quick parts. Alexander Hendersone, Principal of the University, and one of the Ministers in the City: the greatest Ringleader of the Covenanters, and often employed by them in the affairs of Church, and State, both in Scotland and Engl. He was a Person of great gravity, and composedness, and of considerable learning. That debate between his late Majesty, and him at Newcastle, 1646. about Church-Government, and the occasions he then had of knowing that blessed Martyr, wrought much upon him, so that he went back to Scotland much changed in his principles; and it was believed, that if he had lived, he would have been very instrumental in the King's Service: He died soon after his return from England, being the most universally-esteemed man of all that party. William Colvil Principal, a man of a very moderate temper: He was deposed by the Covenanters; he never would accept preferment, notwithstanding divers Bishoprics were proffered to him: He wrote divers pieces which are printed in English, and Ethica Christiana in Latin. William Keith, Doctor and Professor of Divinity, a man of great Learning who had diligently studied both the Fathers and Schoolmen, and was a great Master of Languages; being very well skilled in the Hebrew and Rabinical Learning; he was wholly mortified, and denied to the world, and led a most severe kind of life: He died An. 1674. If there be any mistake in the names of the present Professors of any of the Universities, it is because they are often soon preferred to some dignity in the Church; but mistakes of this nature are pardonable, being none are named who have not been in these public capacities; and according to the best information, there is but little, or no mistake in their names, that are now actually in those circumstances above mentioned. There is no mention made of the Learned Professors, who are yet alive; that were somewhat of flattery to celebrate their praises to posterity, while they yet remain with us: But this in general may be said of them all, that they give as great proofs of their Learning, as any Professors in great Britain, which is demonstrable by the great number of Graduates every year from their Universities, who are not inferior to those of other Nations, when their Learning is questioned abroad. The Commissioners that have represented our Kings since K. James was settled on the Throne of England, were as followeth, King James the Sixth. John Grahame, Earl of Montross, Commissioner 1604. George Hume, Earl of Dumbar, Commissioner 1606. George Keith, Earl of Marischal, Commissioner 1609. Alexander Seaton, Earl of Dumfermlin, Commissioner 1612. James Hamilton, Marquis of Hamilton, Commissioner 1621. King Charles the First. James Hamilton, Marquis of Hamilton, Com. 1638. John Stewart, Earl of Traquair, Com. 1639. James Grahame, Marquis of Montross, Governor 1644. King Charles the Second. John Middleton, Earl of Middleton, Com. 1660. John Lesly, Duke of Rothes. Commissioner 1663. John Maitland, Duke of Lauderdail, Com. 1669. His Royal Highness, James Duke of Albany and York Com. 1681. A Catalogue of the Chancellors of the Kingdom, since the year 1198. Collected out of Histories. 1198. Will. Malvoisin, Bishop of Glasgow. 1220. Will. de Bosco, B. of Dumblane. 1226. Matth. Kinninmouth, Bishop of Aberdeen. 1239. Will. Babington, B. of Glasgow. 1247.— Abbot of— 1248. Rich. Innerkeithing Bishop of Dumblane. 1259. Gamelinus, B. of St. Andrews. 1273. Will. Wishart, B. of Glasgow. 1280. Will. Frazer, B. of St. Andrews. 1298. Maurice, B. of the Isles. 1363. Adam, Bishop of Brichen. 1380. John Lion, Lord Glammes. 1390. Gilbert Grimlaw, Bishop of Aberdeen. 1409. Will. Lauder, B. of Glasgow. 1434. John, B. of Brichen. 1436. Sir Will. Creighton of Creighton. 1444. James Bruce, B. of Dunkeld. 1448 Patrick Lion, Lord Glammes. 1453. Will. Sinclare, Earl of Orkney. 1463. Geo. Shorswood, B. of Brichen. 1474 John Lang, B. of Glasgow. 1476. Andr. Stewart, Lord Evendail. 1484. Will. Elphinstone, B. of Aberdeen. 1494. Archbald Douglass, E. of Angus. 1497. George Gordon, E. of Huntly. 1502. James Stewart, Archbishop of St. Andrews. 1512. Alex. Stewart, Archbishop of St. Andrews. 1518. James Beaton, Archbishop of Glasgow. 1526. Gavin Dumbar, Archbishop of Glasgow. 1534. William Stewart, Bishop of Aberdeen. 1539. Cardinal David Beaton, Archbishop of St. Andrews. 1561. George Gordon, E. of Huntly. 1563. James Douglas, E. of Morton. 1567. George Gordon, E. of Huntly. 1570. James Douglas, E. of Morton again. 1572. Archbald campbel, Earl of Argile. 1575. John Lion, Lord Glammes. 1578. John Stewart, E. of Athol. 1579. Coline campbel, E. of Argile. 1584. James Stewart, E. of Arran. 1591. John Maitland, L. Thirlstane. 1598. John Grahame, E. of Montross. 1604. Alexander Seatone, Earl of Dumfermline. 1622. George Hay, E. of Kinnoul. 1635. John Spotiswood, Archbishop of St. Andrews. 1641. John campbel, E. of Lowdoun. 1660. William Cunninghame, Earl of Glencairn. 1665. John Leslie, Duke of Rothes. Writers of the Scottish History. Cornelius Hibernicus. Veremundus, a Spaniard, Archdeacon of St. Andrews, wrote the History of the Nation from its Original, till the Reign of King Malcolm the Third. Johannes a Campo-bello, or campbel. Turgot Prior of Durham, and B. of St. Andrews, wrote the Lives of King Malcolm Canmoir, and of his Queen Margaret. Liber Sconae, a Chronicle written by the Monks of Scoone. Liber Pasletensis; The Black Book of Paislay, a Chronicle written by the Monks of Paislay. Liber Pluscartensis; a Chronicle written by the Monks of Pluscardy. One Blind Henry wrote the History of Sir William Wallace in Scottish Meeter. John Barbour, Archdeacon of Aberdeen, did write the Life of King Robert Bruce in Scottish Meeter. John Major, Provost of St. Salvator's College in St. Andrews, wrote the History of the Nation. William Elphinstone, B. of Aberdeen, wrote a Treatise of the Scottish Antiquities. Hector Both or Boys, Principal of the King's College of Aberdeen, wrote the History of the Nation, till the Reign of King James the First, continued till the Reign of King James the Sixth, by John Ferrerius a Piemontoise, a Monk of Pluscardy. John Balenden, Archdeacon of Murray did translate Boys History into English. George Buchanan, Praeceptor to King James the Sixth, wrote the History of the Nation till the year 1572. Robert Johnstone wrote a Continuation of the Scottish History from the year 1572. till the year 1624. in Latin Folio. John Leslie, Bishop of Ross, wrote the History of the Nation till the year 138— Raphael Holinshed, wrote the History of the Nation, till the Reign of King James the Sixth, continued by Francis Thin. Will. Cambden wrote a Description of the Kingdom. John Dempster wrote an Introduction to the Scottish History. David Chalmer wrote a Treatise of the Scottish Saints. David Hume of Godscroft did write the History of the Earls of Douglass, and Angus. William Drummond of Hawthornden, did write the Lives of the Five King James' William Sanderson wrote the Lives of Queen Mary, King James the Sixth, and King Charles the First. John Spotiswood, Archbishop of St. Andrews, did write the History of the Church of Scotland, from the first Plantation of the Christian Faith therein, till the Death of King James the Sixth. The Office of the Chancellor of State, conferred upon him by that glorious Martyr King Charles the First, he discharged to the satisfaction of his Royal Master, and the advantage of the Church: He was a person of rare Ornaments, and in all things completely qualified for his Employment; yet he did not escape the hard measure which other Loyal Subjects tasted of; for by the Covenanters he was forced to retire into England, where he met with entertainment more suitable to his worth: He ended his days in a good old Age, and was honourably Interred in Westminster Abbey, Anno 1639. after he had governed the See twenty four years. George Wishart, Dr. of Divinity, and Bishop of Edinburgh, did write the Actions of James Marquis of Montross. Robert Gordon of Stralogh, did write the Theatrum Scotiae, being a description of the whole Kingdom, with the Maps of every particular Country; Printed by Janson Bleaw at Amsterdam, a very excellent work: The mercenary Printer did him a double injury; first in printing with his Book, Buchanan's Seditious Pamphlet De Jure Regni apud Scotos; it being sufficiently known that the Author was of no such principle, but always Loyal: Then in dedicating that work to the Usurper O. Cromwell, whereas the Author sent over to the Printer, a Dedication of his Book to His most Sacred Majesty, at that time Prince of Wales; and the Copy of that Dedication written with his own hand, is yet in the Custody of his Son, the Reverend James Gordon, Parson of Rothimay: This much was necessary to be said in vindication of that worthy Gentleman, who was one of the most Learned persons of the Age he lived in. If any think that this Treatise hath not swelled to that bulk, that might be expected from an undertaking of this nature, having so large a Subject to treat of; let this suffice for an Answer, that the several calamities that have happened in this Ancient Kingdom, may justly serve for an Apology, when it is to be considered, that after the Death of Alexander, the Third of that Name, King of Scotland, and all his Sons, which in one years' space died of a pestilent Fever, which was never before known in this Kingdom; his Daughter being Queen of Norway, died in the same year, who left behind her a Daughter, whom after the Death of the King and his Sons, the Estates sent for; to this effect Two Ambassadors were dispatched to Norway, to take care of the safe conveyance of this Young Lady, the only hope the Kingdom relied on: It was not long after these Gentlemen that were sent to Norway returned, bringing News that this Lady was dead likewise: Consider what fears and sorrows at the hearing of these News, did perplex the Subjects of this Kingdom: So many deaths falling out in the Royal Family, did presage great calamities to ensue: For as the Loss of so worthy a King was great; so their Fears was no less, because of the uncertainty of the Succession: Many Competitors (six they were in number) claiming the Inheritance of the Crown; and all of them, men of power and friendship: It must needs be supposed that they did divide the Realm, and so beget a Civil War; yet these who were trusted with the management of Affairs, during the Inter Reign, did by their Mediation, work them to a Compromise, and to remit the decision of the Controversy to King Edward the First of England, a Prince of long Experience, and much respected in that time: For this purpose divers Gentlemen were sent to King Edward, who at that time was in France, to inform him of the inconveniencies that were feared to fall out in the Kingdom of Scotland, and the course they had taken to prevent the same, entreating his help for quieting the State. King Edward, glad to have an hand in the making of a King in Scotland, dimitted them with many kind expressions of his kindness to the Kingdom, assigning a Diet for the Competitors at Norham upon Tweed; at which Diet the King was present; at this meeting there was no decision; all the Competitors except two, to wit, John Balliol, and Robert Bruce, were ordered to cease from their claim: Of Balliol and Bruce an Oath was taken, that they should abide and stand by the Sentence the King should pronounce. The like Oath was taken by the Prelate's Nobles, and other Commissioners, who swore to accept of him for their King, that would be tried to have the best Right; and for the greater assurance, all their Seals were appended to the Compromise. Five years and some more were spent before the Controversy was brought to an end: At last K. Edw. returned to Berwick, and calling the Twenty Four, to whom the important Affairs were committed, they were shut up in the Church, there to debate the Matter, none being permitted to have access unto them, he himself now and then went in to know how their proceed went; and perceiving the greater part inclined to Bruce his Right, he dealt with him, promising to invest him in the Kingdom, so as he would hold the same Crown of England: Bruce answered, that he was not so desirous of Rule, as he would therefore prejudice the Liberties of the Kingdom, being it was sufficiently known that Scotland from the first Foundation of the State had been a Free and Independent Kingdom, and not subject to any other power whatsoever. The like offer he made to the other, who being more greedy of a Kingdom, than careful of his Honour, did yield thereunto. Afterwards Balliol assisted with the Nobility, did meditate upon a Revenge of King Edward's proceed with him in that Juncture of Time, by forcing Balliol to swear subjection to him, at which the Nobility were so much displeased. About this Time King Edward sent to crave a supply of men to be sent him by virtue of the Late Allegiance sworn by Balliol, which was utterly rejected as unjust; he having then War with France: Upon this defection of Balliol, King Edward entered into Scotland with a mighty Army, and prevailed, Balliol being overthrown. King Edward his Course for Extirpating the Scots. And now did the State seem to be wholly ruined; for Edward intending to make sure his Title, led away captive all that had the least ability to stir, and to extinguish, if it had been possible, the very memory of the Nation: He abolished all the Ancient Laws of Scotland; traduced the Ecclesiastical Rites to the Forms of England; destroyed the Ancient Monuments erected, either by the Romans, or their own Progenitors; burned all the Registers, with that famous Library of Restennoth (wherein besides many other Volumes, were reserved the Books which King Fergus the Second brought with him from Rome) removed the Marble Chair, in which (as the Vulgar believed) the Fate of the Kingdom did consist: In fine, left nothing which might incite generous spirits to remember their former Fortunes, or encourage them in any sort to virtue & worthiness, which makes any account of the Kingdom as to its Registers the less voluminous: This is not a place to declare how the English afterward at Banockb●rn, were wholly defeated, without leaving any to carry the News thereof into England; but this would be too great a digression. The next thing to be considered is, What that Monster of Rebellion, Cromwell I mean, thought fit as a very valuable pledge, to send to the Tower of London, viz. all the public Registers, Records and Rolls of the Kingdom, which lay there, till His Majesty's happy Restauration; after which, by the King's Orders, they were sent down by Sea, to be laid up in the Castle of Edinburgh; but the Ship that was loaden with them, was cast away near the Holy Island; so they were all irrecoverably lost and sunk. Dempster in his Apparatus to the Scottish History, promised a great many things to the World, which he never performed. Some have thought that he only amused the People by the undertaking he mentions in that Book. Others believed that he knew a great many Manuscripts beyond Sea, which were carried thither by Monks and Friars at the Reformation. In most Religious Houses there was a Chronicle written of the Times; some in Rhythm, English and Latin; some in Prose; but there cannot be much made out of them, they being full of Legends and Stories: There are besides very considerable Manuscripts in Scotland, that relate to private Families, and give an account of several public Transactions; as the Histories of the Families of the drummond's, gordon's and Duglass', etc. But they all come far short of what might have been expected from these Registers that have been lost and destroyed: Therefore we must rely upon the Credit of our Ancient Historians, being there are no means left to correct them by. FINIS.