THE PRESENT STATE OF SCOTLAND.

Scotiae Indiculum: OR THE Present State OF SCOTLAND.

Together with divers Reflections Upon the Antient STATE thereof.

By A. M. Philopatris.

‘ In Magnis voluisse sat est—’

LONDON Printed for Jonathan Wilkins at the Star in Cheapside next Mercer's Chappel. 1682.

To the High-born, and most Noble Prince, Charles, Duke of Lenox, and Richmond his Grace, Earl of Darnley and March, Ba­ron of Methwen and Setering­ton, &c. 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 rendred them suspected of the same in­conveniencies, although not in the least [Page] intended; That your Grace may not suffer in this too common a calamity, this Ensuing Treatise offers it self to come into the critical Censures of the World, under the Auspices of your Graces Protection: having the Aid and Countenance of so great and Noble a Personage prefixt, 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 Enterprize to undertake to give an account of the Present State of Scotland, a Mo­narchy so Antient, 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 [Page] 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 bent to serve my Country in some degree or other, whereby I might manifest to the World the re­spect that is due to so Antient 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 [Page] 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 satisfie 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 [Page] any of the least Enormities in Life, or Errours in Judgment, can [...]scape the severe Execution of the Jurisdi­ction of the Church. These things considered, with that due respect they alwaies 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 al­waies [Page] an immediate Access to their King, whom they were pleased to in­form of the condition of his Loyal Subjects, and often did Patronize the Affairs, and Espouse the Interest of His Majesties 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 Heroick Actions, which begin to appear in your Grace in these your greener years. Let then the thoughts of [Page] 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 Antientest of the Nobility esteeming it a greater honour to have His Majesties Com­mission for such Offices, than to bare­ly enjoy the Dignity of their Honours. It may justly merit your Graces con­sideration, that the great Officers of State have been of the prime of the [Page] 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 prefixt, 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 your self sometimes with the prospect of [Page] the things contained in it, and thereby make you easie to understand the constitution of the Government, and to declare to the World that this Kingdom is not inferiour 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, then 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 Heroick Spirits of this Age to disapprove every thing that is not the Soboles of their own Brains, or the result of their own undertakings, then might I just­ly be discouraged to appear with this small demonstration of my Service to my Country; but being otherwaies persuaded of the generous Principles of this Age, that nothing which any way tends to the advancing [Page] of Knowledge, is any manner of way dislikt; 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 satisfie 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, [Page] 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; Quod [...]ihi 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. Farewel,

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, &c.
Chap. 2. Page 16.
Of the Laws of Scotland. Of Regi­sters; of Letters of Horning and Caption, &c. A List of all the Kings of Scotland to His present Majesty. Of the Descent of the Crown. What [Page] 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 Chusing 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 Colledge of Justice. Of the Justice Court of the Exchequer.
[Page] Chap. 6. Page 116.
Of Inferiour 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.
[Page] Chap. 10. Page 182.
Of Bishops 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, &c.
Of the Ʋniversities 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 Philosophick 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, Humors, Temperaments, Complexions, Functions, Sexes and Ages respecting the other are concisely delivered, by S. H. Stu­dent in Physick. 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 Mechanick Principles, with the Motions, Acti­ons, Effects of Mercury, and its other Remedies, wherein are disco­vered on the same Subject, the Er­rours of some Authors, and the most notorious Cheats of Ignorant Pre­tenders: Written in French by Mon­sieur de Blegny, Chyrurgion in Or­dinary to the French Queen, and Englished by Walter Harris, Dr. of Physick, lately Fellow of New Colledge 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 Cities 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 Huntington.

Modesty Triumphing over Im­pudence: Or some Notes upon a late Romance, published by Elizabeth Cellier, Midwife and Lady Errant: Together with the Depositions of Richard Adams of Lincolns-Inn, Esq; against her, before His Majesty, and the Right Honourable, the Lords of His Majesties 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 Brittain; it hath on the East the German Ocean, on the North the Deucalidon Sea, the West is affronted with Ire­land, and is divid [...]d from England by [Page 2] 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 Pharoah King of Aegypt: 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 per­form'd in a War that Pharoah had a­gainst the Ethiopians, to whose Valour, and the Grecians that accompanied him, the King imputed the Victory; Gathe­lus deserving so we [...], the Kings Daugh­ter was given to him in Marriage; while Pharoah l [...]d, Ga [...]helus was in esteem with the [...]ople, having en­creased his reputa [...] as well [...] h [...]s Lands: shortly after, Pharoah dying, his Son of the same name, who so [Page 3] cruelly tormented the Israelites with Taxes and Bondage, having no re­gard to Gathelus, or his Services, began to use him inferiour to what might be expected: Notwithstanding of this hard measure, Gathelus willingly would have afforded this Pharoah 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 hinder'd to land there, he set Sail, passing thorow the Streights, taking some valiant Greci­ans along with him: he at last landed in a part of Spain, then called Lusita­nia, but by reason of his Arriva [...] ▪ Port­gathell, 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 [Page 4] 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 conquer'd, a great many Scots from Gallicia in Spain, being the name of the Colony where Gathelus first setled, 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 Valian [...] 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 Crown'd in the fatal Marble [...]hair, the Year [Page 5] 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 Brittans.

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 scituated 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, [Page 7] 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 allow'd 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 ruine of both Parties. The names of these Clanns, are M ck. Donald, M ck. Naughtoune, M ck. Cleane, &c. 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 [Page 8] 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 Scituation of its Parts or Provinces, may be divided into two parts; To witt Southwards of the River Tay; which made the Antient Kingdom of the Picts; and Eastwards and Northwards of the River Tay, which made the Antient 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 Diocesses: 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 [Page 9] 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 publickly established; the King with his Queen, and many of the Nobility being then baptized; several years before this publick ma­nifestation, many people were con­verted to the Christian Faith. Ter­tullian, who liv'd 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 [Page 10] 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 travelled through Egypt, Cyrene, Africk, 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 write, 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 ba­nish'd into the Isle Pathmos, some of his Disciples took their refuge hither, and [Page 11] 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, whi­lest 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 numbred 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 [Page 12] 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 wholsome, 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, &c. with great plenty of Salmon, Trouts, Carps and Pikes, &c. a great abundance of Herrings, Oysters, Coc­kles, Musles, Scate, Turbots, Freshling, and Lobsters, &c. there is not wanting Apples, Pears, Plums and Cherries: It abounds with Wheat, Barley, Rye, [Page 13] Beans, Pease and Oats; as also Butter and Cheese: There are likewise wild Ducks, wild Geese, &c. and many sorts of Sea Foul; for Raiment, there is no want of very fine Wooll; for the Coun­try People are cloath'd with freezes fit to defend them in their work from the cold: There is likewise plenty of Hemp and Flax; as for linnen Cloath it is inferiour to none for its goodness.

For Building it wants not Stone, Slate, Alabaster, Marble, Morter nor Lime.

For firing, Sea Coal, or Pit Coal al­most every where at reasonable rates, and where this is wanting, in some pla­ces Wood, and in others Turfs or Peats.

Moreover Scotland produceth a great quantity of Tin, Lead, Copper, Allom, Salt, Hops with several silver Mines: it is counted to be richer under ground then above, by reason of the Mines, which when tryed, yield much in their quantities of Ore.

Coyns. As to the Coyns, note [Page 14] that 13½ d. sterl. makes a Mark, or 13 Shil. 4 d. Scotish, 20 d. sterl. is 20 Shil. or a Scotish l. and 20 Shil. sterl. is 18 Scotish Marks.

Measures, and Weights. The Mea­sures for length is the Ell, and is about 4 per cent. greater than the English Ell.

The liquid Measures are such as are in England but of a double continent: a Pint being almost two English Quarts, and a Scotish Quart one English Gal­lon, and so answerable: Their dry Measures are likewise of a bigger con­tinent than these in England.

Buildings. The Churches are of solid Stone; most of the Cathedral and Collegiate Churches demolished, and by what remains of some, may be judged to have been very ample and magnificent. The first Reformers be­ing more zealous than prudent, in ra­sing from the very foundation most of the renowned Abbies and Churches: Houses in Cities are built with Stone, and in many places covered with [Page 15] Slate: The Houses of the Nobility and Gentry are well furnished; being all built with Stone; not much valuing Tile or Brick.

CHAP. II.

Of the Laws of Scotland: The Names of Kings, the Kings Power and Pre­rogatives, how long the Crown hath been in the Family of the Stewarts, what a convention of Estates is.

THE Law of Scotland is made up of the Municipal and Civil Laws: The Municipal consists either of Acts of Parliament, or of the Custom, and Practices of the Colledge of Justice; which are held of no less force than Acts of Parliament, and when neither of these contradicts; the Civil Law is of force: The Lawyers being generally great Civilians, for they go to Leiden, Poictiers or Bour­ges to study the Civil Law, in which some are learned to a high degree.

Registers. The Law of Scotland is easy and regular, by reason of Re­gisters, which are so full, that Titles are much more easily learned where those Registers are, than can be done without them; by this means, Men are not cheated in buying or convey­ing Estates; which may appear from these following instances.

1. No man can have a right to any Estate, but by his being seised of it; which is done by the delivery of Earth, and Stone, upon which an in­strument is formed, called a Sasine, and this must be register'd within 60 days: otherwise it is of no force; by which means all secret conveyances are cut off; for if no Sasine be past upon them; or if these be not put in the Registers, (which every one may search) the conveyance is of no force.

2. All Bonds have a clause in them for inserting them in the publick Re­gisters, and they being Register'd, without any further action, by a [Page 18] Charge of six days the Debtor must make payment, otherwaies, Writs called Letters of Horning Caption, and Poyn­ding are given out, by the first of which, the party is under outlawery and Re­bellion, and forfeits to the King his Personal Estate: and if he continues a year under it, the liferent of his real Estate; in which the Creditor is to be prefer'd for his interest; the rest goes into the Exchequer: By the Letters of Caption the party is seized on, and put in Prison; nor is his House a place of security, but may be searched for him; by the Letters of poynding the Debtors Goods may be distrained, wherever they can be found.

A third instance is, that any Credi­tor may serve a Writ on his Debtor, called Letters of Inhibition, by which he can make no disposition of his goods, or Estate, till the party be satisfied; and is null and to no effect that he doth after, if these Letters be returned Re­gister'd within 21 days after they are [Page 19] served; otherwaies they have no force: thus this ancient Kingdom is govern'd by the Civil Law as in many other things might be instanced, by which they securely enjoy what they have or may purchase.

The Kingdom of Scotland hath been govern'd by Kings, in as long a Succession as any Nation in the World as by this ensuing Catalogue of the Kings may appear, each of them lineal­ly succeeding others, since Fergusius, the first King, in the year from the Creation of the World 3641.

  • [Page 20]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.
  • [Page 21]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.
  • [Page 22]Edw. Balliolus.
  • Robertus 2.
  • Robertus 3.
  • Jacobus 1.
  • Jacobus 2.
  • Jacobus 3.
  • Jacobus 4.
  • Jacobus 5.
  • Henricus Stuartus
  • cum Maria Stuarta.
  • JACOBUS 6.
  • Carolus 1.
  • Carolus 2.

In all 109.

The King is an absolute and un­accountable Monarch, and (as the Law calls him) a free Prince of a So­vereign Power, having as great Liber­ties and Prerogatives by the Laws of this Realm, and priviledge of his Crown and Diadem, as any other King or Potentate whatsoever; so that is deliver'd as a maxim in the heads of our Law.

That o all jurisdiction stands and consists in the Kings Person, by rea­son of his Royal Authority, and Crown, and is competent to no Subject; but flows and proceeds from the King, ha­ving supream jurisdiction; and is given and committed by him to his Subjects, as he pleases, which clearly demon­strates his Royal Prerogative.

The Crown descends by Inheri­tance, the Heir female, not being ex­cluded; and to this day the undoubt­ed [Page 24] 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 Maje­sties Title is Dei Gratia of Scotland, England, France, and Ireland, King, de­fender of the Faith, whom God long preserve in the Throne of his Ancest­ors; upon the Death of a King there is no Inter-Regnum; the next Heir is presently King, the Coronation being only a solemn Instalment, in that which was his right before: before their Coronation, they hold only con­vention of Estates, but no Parliaments before they are Crowned.

A Convention of Estates is made up of the same Members that consti­tute a Parliament; but can make no Laws, only they can lay impositions on the Subjects. They do not sit in State; they have been most used be­fore the Kings were Crowned: the Lord Chancellor is president in the Convention of Estates as well as in Parliaments.

When a King is Crowned, he swears the Oath appointed to be taken at the Coronation: which before the Refor­mation was no other, than that set down in the Roman Pontificial, sworn by Kings, for there is no provision made about it in our Law; but at the Reformation it was enacted, That all Kings at the time of their Coronation, should make their faithful promise by Oath to govern according to Law, and maintain the Protestant Religion, &c. which Oath is to be found in that Act of the first Parlia. Jac. 6. C. 8. Anno 1567.

Prerogatives of the Crown. The Prerogatives of the Crown are great, as Power of Peace, and War, the Power of raising, and arming the Sub­jects, the Power of the Mint, the nomination of all Officers both of State and of War, and of Justice: (ex­cept some Sheriffs that are such by In­heritance) the Power of calling, ad­journing (Prorogation is not in our [Page 26] Law) and dissolving of Parliaments, the giving the Votes of Parliament, the Authority of Laws, the executing of the Law, and the pardoning of offences, are wholly and only in the Crown.

Church Government. But to these, since His Majesties Happy Restaura­tion, great additions hath been made: In the Reign of King James the sixth, the Power of general Assemblies was raised very high by Law, which occa­sioned the sad disaster in the Church, and laid a foundation to all the late troubles of the State, notwithstanding the Supremacy in Ecclesiastical Affairs was alwaies in the Crown, since the Reformation: yet it was pretended as contrary to Law, for the King to in­troduce any thing into the Church, without the consent of the general Assembly: It was therefore enacted in Parliament, Act 1. 2. Parl. held by the Duke of Lauderdale: That the external Government and polity of [Page 27] the Church was wholly in the King's Power; and that his Order sent to the Privy Council, and published by them, about all Ecclesiastical Matters, Meetings and Persons were to be obeyed by his Subjects, any Law or practice to the contrary notwithstand­ing: So that in all matters that re­late to the Church-Government, the King's Power is absolute.

Militia. The second point is con­cerning the Militia: By the Antient Laws of Scotland, all the Kings Sub­jects were to assist him in Wars; upon which a great Enlargement of the King's Prerogative was grafted at last, by two Acts of Parliament. The King­dom of Scotland offering to the King to Raise and Arm twenty thousand Foot, and two thousand Horse, and to furnish them with forty daies Provi­sion, to march into any of His Ma­jesties Dominions of Scotland, Eng­land, or Ireland, for suppressing any Forein Invasions, Intestine Trouble, or [Page 28] Insurrection, or for any other Service, wherein His Majesties Honour, Au­thority or Greatness may be concerned.

And these Forces by another Act, are to give due Obedience to all such Directions, as they shall receive from His Majesties Privy Council.

Trade. A third point is, The or­dering and disposing of Trade with Forein Nations, and the laying of Re­stra [...]nts and Impositions upon Forein Imported Commodities, which is de­clared a Prerogative of the Crown.

With these Sacred Prerogatives is the Crown of Scotland invested; not inferiour to any Crown in Europe for its Dignity and Power.

The King only, and the King alone by His Royal Prerogative, hath Power, without Act of Parliament, to declare War, to make Peace, make Leagues and Treaties with any Forein States; give Commissions for levying Men and Arms by Sea or [...] Land; yea for pressing Men, [...]: The [Page 29] King only, and the King alone, dispo­ses of all Magazines, Ammunitions, Castles, Fortresses, Ports, Havens, and publick Moneys. The King appoints the Metal, Weight, purity and value of Money; and by his Proclamation any Forein Coin may be lawful.

The King by His Royal Prerogative, of His meer will and pleasure, may convoke, adjourn, remove, and dis­solve Parliaments; may to any Act passed in Parliament, refuse to give, (without rendring any reason) His Royal Assent, without which, a Bill is a meer Chimera: May at His plea­sure encrease the number of the Members of Parliament, as daily ex­perience testifieth, by creating more Barons, and bestowing priviledges up­on other Towns to send Burgesses to Parliament: Yea may call to Parlia­ment by Writ whom His Majesty thinketh fit, and may refuse to send His Writ to others that have sate in other Parliaments. His Majesty alone [Page 30] hath the Choice and Nomination of all Magistrates, Counsellours, and Of­ficers of State; of all Bishops, and other High Dignities of the Church; the bestowing of all Honours, both of the higher and lower Nobility of Scotland. It is in the power of the King alone to chuse, and name all Commanders, and other Officers, at Sea or Land: The power of deter­mining Rewards for Services, and Punishments for Misdemeanours.

The King by His Letters Patent may erect new Counties, Bishopricks, Universities, Cities, Burroughs, Hos­pitals, Schools, Fairs, Markets, Courts of Justice, and Free Warants, &c.

The King by His Prerogative hath power to enfranchise an Alien; where­by he is enabled to purchase Houses or Lands, and to bear some Offices: Hath power to grant Letters of Mart, or Reprisal. No Proclamation can be made but by the King: The King only can give Patents in case of Losses by [Page 31] Fire, to receive the Charitable Bene­volences of the people; without which no man may ask it publickly.

The King by His Prerogative, is Ʋltimus Haeres Regni, and is the Re­ceptacle of all Estates, when no Heir appears: For this cause all Estates for want of Heirs, or by forfeiture, fall to the King: All Spiritual Benefices, for want of Presentation by the Bi­shop, are lapsed at last to the King, all Mony, Gold, Silver, Plate, found (and the owners not known) belongs to the King; so all Wayfs, Strays, Wrecks, not granted by him or any former Kings, all wast Ground or Land recovered from the Sea, all [...]ands of Aliens before Naturalization, and all things whereof the property is not known, all Gold and Silver Mines, in whose Ground soever they are found.

The King's Power in the Church. In the Church the Kings Prerogative is great: he only hath the Patronage of all Bishopricks, none can be chosen, [Page 32] whom he hath not first nominated, none can be consecrated Bishop, or take possession of the Revenues of the Bishoprick, without the King's special Writ or Assent: He is the nursing Fa­ther of the Church, the King hath Power to call a National Synod, and by his Commissioners to make consti­tutions relating to the Government, and polity of the Church: This National Synod was stiled the Gene­ral Assembly, which according to its Constitution and Authority setled in King James the sixths minority, was made up of two Ministers, Com­missioners from every Presbytery, and one lay Elder, a Commissioner from eve­ry Royal Burrough, one from every U­niversity, & one f [...]om the King: These had the Supream Authority about a [...]l Church-matters: How much trouble this Assembly General bred King James the sixth, and the pretentions the Church made afterward, the sad deso­lations of the Church of Scotland in [Page 33] these times do sufficiently bear witness: A shadow of this still remains, for the Supream Ecclesiastical Court is decla­red to be a National Synod made of Bishops, and Deans, and two Ministers from every Presbytery, one of whom is of the Bishops nomination, and a Commissioner from every University, yet nothing is to be proposed, but by the King or his Commissioner, nor can any thing that they do, be of force: till it be ratified by the King; but of this Synod their is no need, being the King's Supremacy is so large, it is evi­dent, that the King is over all Persons, as well in Ecclesiasticks, as Civil, Su­pream.

From the King of Scotland there is no appeal in Ecclesiastical Affairs to the Bishop of Rome, as it is in other principal Kingdoms of Europe.

There is no appeal in civil Affairs, as in other Dominions of Christendom, nor, in either Ecclesiastical or Civ [...]l, to the Peop [...]e, who in themselves, o [...] by [Page 34] their Representatives in Parliament, were ever subordinate to the King.

The King being the only Soveraign, and Supream Head, is furnish'd with plenary Power, Prerogative, and Juris­diction to render Justice to every Mem­ber within his Dominions: He may be properly call'd (as all great Prin­ces) Gods Vice gerent, being so much Majesty and Power is represented by him, whereby the People have so much the higher esteem, and more re­verend awfulness of him; for if that fails, nothing can be expected but con­fusion, impiety, and calamity.

The Ancient Christians, out of an high respect to their Christian Kings, and Emperors, used to attribute the Titles of God, though imperfectly, and analogically in them, yet essential­ly and perfectly only in God, and the good Christians of these times, out of their excess of respect, were wont to swear by the Majesty of the Empe­rour (as Joseph once by the life of [Page 35] Pharoah) some writers of that Age seem to justifie it, as being done only to beget a respect in these times in the hearts of the People for their Kings.

The King is not subject to Death, because he is a Corporation in him­self, that liveth for ever: All Inter-Regna being unknown in Scotland, the same moment that one King dies, the next Heir is King fully, and absolute­ly, without any Coronation, Ceremo­ny, or Act to be done.

The King is every where in all His Courts of Justice, in all His Palaces; therefore it is that all His Subjects stand bare in the Presence-Chamber, wheresoever the Chair of State is placed, though the King be many miles distant from thence: By his Prerogative of pardoning whom the Law hath condemned, the King is in a manner invested with Omnipoten­cy, by raising men from Death to Life: Can create to the highest Dignity, and annihilate the same at pleasure: All [Page 36] 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 Ki [...]gdom; upon the Death of the King the next of kindred, though born out of the Dominions of Scot­land, or born of Parents, not Subjects of Scotland, is immediately King be­fore any Proclamation, Coronation, publication, or consent of Peers or people: The Crown descends from Father to Son, and his Heirs; for want of Sons to the Eldest Daughter, and her Heirs; for want of Daughters, to the Brother, and his Heirs; and for want of a Brother to the Sister, and her Heirs. The Salique Law or Cu­stom [Page 38] of France, hath here no more force than it had anciently among the Jews, or in Spain, and other Heredi­tary Kingdoms: The Salique Law is of force only among the French, Turks and Barbarians, and hath been so of a long time.

At the Death of the King, die not only the Offices of the Court, but all Commissions granted to Judges.

In the King's Infancy, a fit person of the Nobility is made choice of in Parliament, who by nature or alliance hath most interest in the preservation of the Life and Authority of the In­fant.

In Scotland the King being absent, by His Majesties Commission, the Lord High Commissioner, to whom the King commits the grand and weighty Affairs of the Kingdom, doth by Instructions from His Majesty, re­gulate the Affairs, and redresses the Grievances of the Kingdom.

Of the present King of Scotland.

The King now Reigning, is Charles the Second of that name; his name of Baptism Charles, in the German Tongue signifies one of a masculine strength or virtue.

Surname.

His surname is Stuart, which first, by Office, was given to Walter, Father to Robert King of Scotland, from whom our present King is descended; he was grand Senescal, or High Ste­ward, or Stuart of Scotland, as bear­ing such an Office; by a long and vul­gar errour it hath so prevailed, that it was accounted the surname of the Kings of Scotland, and of many Fami­lies descended from them.

The Genealogy.

The King, now Reigning, is Son to King Charles the Martyr, and the Prin­cess Henrietta Maria, Daughter of King Henry the Great of France, from which two Royal Stocks, he hath in [Page 40] 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 Mo­narchs 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's; 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 Princes power should for some time be Eclipsed, as it hath been, and some Subject, signified by a Star, should have extraordinary splendor.

Baptized.

Was Christened the 27th of June following, by the then Bishop of London, Dr. Laud.

Had for his Godfathers, his two [Page 41] 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 Dutchess of Richmond.

Had for Governess, Mary 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 Go­vernour, the Earl, afterwards Marquis, now Duke of Newcastle, and after him the Late Earl of Barkshire; and for Tutor or Praeceptor Dr. Duppa, then 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 Battel 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 Cornwal 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 Murther 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 [Page 43] 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 Battel of Worcester, whence after the unfortunate loss of his whole Army, wandring in disguise about England for six weeks, and most won­derfully preserved, he was, at length, [Page 44] transported from a Creek near Sho­ram, in Sussex, to Feccam, near Havre 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 imbarked 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 [Page 45] 29th following, being his Birth-day, 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 Majesties 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 Battel of Worcester, when being in the very heart of England, forsaken by all; a summ of money by publick 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, [Page 46] 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 Majesties Restauration, (quippe impossibile fuit filium tot preca­tionum, & tot lacrymarum, & tot mira­culorum periisse) that after so many years dispossession, his most inve [...]e­rate, 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 Forein Prince or Potentate.

This was the Lord's doing, and [Page 47] must for ever be marvellous in our eyes. Justly might the Great Turk, hearing of His Majesties 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 intend the Death of the King: And because by imagining, or conspiring the Death of the King's Counsellors, or great Officers of his Houshold, 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 [Page 48] 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 Lunatick to go unpunish'd 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 pu­nish'd as a Traytor; 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 Physick ought to be administred to the King, but what his Physicians prepare with their own hands, and not by the hands of an Apothecary; and to use no Chy­rurgions, 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 Tenures of Lands are changed, although there has been no general Law for tak­ing away the Wards: The Revenue [Page 50] 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 Soveraign Ensigns Armorial, as followeth, a double Tressure counterflowered de Lys Or, and a Lion Rampant Gules.

Of the Present Queen of Scotland, England, &c.

Donna Catherina Infanta of Portu­gal, being Queen Consort of Scot­land, England. &c. 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 [Page 51] descended from Ferdinando de la Cerde, and his Consort Blanche: To whom Lewis King of France, her Father relinquisht his Right and Title to Spain, descended to him by his Mother Blanche, 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 baptized 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 Vassallage. 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. [Page 52] 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 Saude, and then Extra­ordinary Ambassadour of the King of Portugal) and solemnized at Lisbon: she embarkt 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 Re-married by the then Bishop of London, who af­terwards was Archbishop of Canter­bury.

On the 23d. of August 1662. Her Majesty coming by Water from [Page 53] 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 Goast of Africk, and the Isle of Bombaim, near Goa, in the East-Indies; with a priviledge that any Subjects of the King of Great Bri­tain, &c. may Trade freely in the East and West-Indies Plantations, belonging to the Portugues.

The Queen's Joynture, by the Articles of Marriage, is thirty thou­sand pound sterling per annum, and the King, out of his great affection [Page 54] 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 cross-wise; 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. IV.

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 Bap­tized, 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 [Page 56] 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 Glocester, and Sister Eli­zabeth, to the care of the Earl of Northumberland.

In the year 1648. Aged about Fifteen, was by Collonel 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 then Protestant Mareschal 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. [Page 58] 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 perisht 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 Chancellour 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 Dutchess of Buckingham, and [Page 59] Ormond: His Royal Highnesses o­ther Daughter is the Lady Anne, Born in Feb. 1664. whose Godfather was Gilbert, then Lord Archbishop of Canterbury: Her Godmothers were the young Lady Mary her Si­ster, and the Dutchess of Monmouth. This present Dutchess 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 Ʋlster, Lord High Admiral of Scot­land, &c.

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, Eldest Daugh­ter to King Charles the First, and [Page 60] wedded 1641. to William of Nassaw, Commander in Chief of all the For­ces of the States General, both by Land and by Sea.

His Highness the present Prince was Born Nine daies 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 Delph, Leyden, and Amsterdam.

His Governess was the Lady Stan­hop, then Wife to the Heer Van Hemvliet: 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 Souldiers.

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, then Duke of Aujou, till the [Page 62] 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 Joynture to be the sa [...]e with the Dutchess 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 Off-spring 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 stiled King of Bohemia; whose Eldest Son was Charles Lodowick, Prince Elector Palatine of the Rhine, [Page 63] 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 Battel at Ʋlotta in Westphalia.

In the year 1637. passing incog­nito thorow 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 quick-sight­ed Cardinal Richlieu discovered at [Page 64] Moulins, and thence sent back Pri­soner to the Bois de Vincennes, where after twenty three weeks 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 wonted Pension, whilest the Rebels possest the greatest part of His Ma­jesties Revenues) made his Address to, and abode with the disloyal part of the Lords and Commons at Westminster, until the Murther 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, [Page 65] 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 Battel there fought, whereby not only all Bohemia was lost, but the Palatine Family, was for almost thirty years dispossest of all their possessions in Germany.

At Thirteen years of Age he marcht 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 German Wars, and in the Battel of Ʋlotta 1638. being taken by the Imperialists under the Command [Page 67] 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 Collonel Sands near Worcester: Routed the Rebels Horse at Edge-Hill; took Cirencester; raised the Siege of Newark; recovered Lichfield, and Bristol; raised the long Siege before Latham-house; fought the Battel 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 [Page 68] wonderful preservations, he return­ed to Paris 1652. where, and in Germany, sometimes at the Empe­rour'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 joyned Admiral with the Duke of Albemarl, first attackt the whole Dutch Fleet, with his Squadron, in such a bold resolute way, that he put the enemy soon to flight.

He enjoyes a Pension from His Majesty of 4000 l. per annum.

After Prince Rupert the next Heirs to the Crown of Scotland, are three French Ladies. Daughters of Prince Edward deceased, who was a [Page 69] younger Son of the Queen of Bo­hemia, whose Widdow the Princess Dowager, Mother to the said three Ladies, is Sister to the Late Queen of Poland, Daughter and Coheir to the last Duke of Nevers in France, amongst which three Daughters, there is a Revenue of about 12000 l. sterling a year.

There was two Daughters of Frederick Prince Palatine of the Rhine, who being unmarried, are deceased.

The last is the Princess Sophia, youngest Daughter to the Queen of Bohemia, Born at the Hague 1630. and in 1659. wedded to John Duke of Lunenberg, and free Prince of Germany, Heir to the Dutchy of Brunswick, by whom she hath Sons and Daughters; she is said to be one of the most accomplisht Ladies in Europe.

Having this particular Account of all the nearest in Blood to the Crown of Scotland, being the Issue of King James the Sixth, and King Charles the First, it will not be amiss to relate these that are descended of the Daughter of King James the Second (since whom, till the Queen of Bohemia, no collateral branch sprung from the Royal Family of whom any Issue remains.)

James, Lord Hamilton, was mar­ried to the Daughter of King James the Second, and had Issue; first James created Earl of Arran, whose Son was the Duke of Chastelherault, from whom, by Two Sons, are de­scended the Families of Hamilton and Abercorn, and by Two Daugh­ters the Families of Huntley and Lau­derdale: And by an Act of Parlia­ment, signed by all the Three Estates (the Original whereof is yet [Page 71] extant) in the Reign of Queen Mary. The Duke of Chastelheraults Family is declared next the Queen and her Issue, the Rightful Heir of the Crown.

The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter, married to the Earl of Lennox, from whom descended the Family of Lennox: There is no ot­ther branch of the Royal Family, since it was in the Line of the Ste­warts, except the Earl of Cassils his Family, whose Ancestor the Lord Kennedy married King James the firsts Sister; from which Marriage that Family is descended. And so much of the Royal Family.

CHAP. V.

Of the Chief Officers of State, of the Court of Justice. The Manner of Elections of the Members in Par­liament, and Riding of Parlia­liament. Of the Privy Council. Of the Senators of the Colledge of Justice. Of the Justice Court of the Exchequer.

THE Government of the King­dom being wholly in the Crown, the King administers it by his officers of State, and Privy Coun­cil. The Officers of State are Eight.

The first is the Lord Chancellour, who is Keeper of the Great Seal, and President in all Courts, where­ever [Page 73] he is: This Office was in the Person of John, Duke of Rothes, lately deceased.

The Second Officer is the Lord High Treasurer, who governs the Revenue, and presides in the Ex­chequer. This Office is now in Com­mission.

The Third Officer is the Lord Privy Seal, who is at present John Duke of Athol.

These Three take place of all the Nobility.

The Fourth Officer is the Lord Secretary, who keeps the Signet, and is a Lord by his Office, and takes place of all of his Rank: The Of­fice of Secretary is executed by the Right Honourable Alexander Earl of Murray.

The Fifth Officer is the Lord Clerk of Registers, who has the charge of all the publick Records, Rolls and Registers, and Names of all the Clerks of Parliament, and Session, and the Keepers of Publick Registers: This Office is executed by Sir Thomas Murray of Glendoick.

The Sixth Officer is the King's Advocate, who is also called the Lord Advocate: He is commonly a Judge, except in cases in which the King is concerned, and in these, he pleads in the King's Name: The present Lord Advocate is Sir George Mackenzie of Rose-haugh.

The Seventh Officer is the Lord Treasurer Deputy, who is Assistant to the Lord High Treasurer, and is a check upon him, and presides in the Exchequer in his absence. This Office is executed by Charles Mait­land of Hatton.

The Eighth Officer is the Lord Justice Clerk, who assists the Lord Justice General in Criminal Causes. The present Justice Clerk is Rich. Maitland Esq;

All these have the Title of Lord, and the Precedency of all under Noble men, and their Eldest Sons.

Of the Courts of Justice.

The Chief and Supream Court of Justice, is the High Court of Parlia­ment; which is made up of Three Estates.

The first is the Ecclesiastical, that of Old, consisted of Bishops, and Miter'd Abbots, but since the Re­formation, consists only of Arch-Bishops and Bishops.

The second Estate is the Nobility; [Page 76] who were antiently divided into the greater Barons, and the lesser: (for every man that holds Lands of the Crown, with a priviledge of hold­ing a Court much like the Lord of a Mannour in England, is called a Baron) and all were obliged to ap­pear personally in Parliament, (Proxies never being allowed by the Law of Scotland) and give the King Counsel: This proved a very hard burden to the small Barons, upon which they desired to be ex­cused from their Attendance in Par­liament: And this was granted them as a favour in King James's the first Reign: And though by that Act they might have sent two, or three, or more, to represent them, from every Shire, yet they made no use of that for above 150 years: But King James the Sixth, to ballance the Nobility, got them re­stored to that Right; so that ever [Page 77] since there are two sent from every Shire, who are Commissioners of the Shires.

The third Estate is the Bur­roughs, every one of which chuseth one Commissioner or Burgess, only the City of Edinburgh, as the Me­tropolis, chuseth two.

Elections of Members of Parliament.

The Parliament is summoned by Proclamation, made at the Head Burrough of every Shire, forty daies before they meet; upon which the Shires and Burroughs meet about their Elections: Every one that holdeth Lands of the Crown, that in the Rolls of the Taxation (the Antient Name of Subsidies and As­sessments) are valued at forty shil­lings Scottish Money of Taxation to the King, which will be in real value [Page 78] about ten pounds sterling a year, is an Electour, or may be Elected, so he be rightly vested in the Land, or (according to the Scottish terms) infeoft, and seized, and be not at the King's Horn (that is, un­der an Outlawry.) The Electours subscribe the Commissions they give, and so their Commissioner is returned; and if there be Cross Elections, the Parliament is only Judge. In the Burroughs the Com­mon Council of the Town makes the Election.

The Manner of the Riding of the Parliament.

When the day comes in which the first Sessions of each Parliament is to be held, the Regalia, The Crown, Scepter and Sword of State, which are kept in the Castle of E­dinburgh, are brought down in State [Page 79] to the King's Palace, the Coach in which they are, being well guarded by a File of Musqueteers; every one who pass the Coach being un­covered; and are carried by three of the Antientest Earls that are up­on the place, bare-headed, before the King or his Commissioner: In the Great Court, before the King's Palace, all the Members in Parlia­ment do mount on horse-back with foot-cloaths. The Burgesses Ride first, being allowed one Lackey apiece; two Trumpeters in their Coats bare-headed; two Pursevants in their Coats bare-headed usher the way; the Commissioners from Shires Two and Two. The Officers of State, (not Noble men) are next in order. The Lords and Barons of Parliament; the Bishops, the Viscounts, the Earls, and the two Archbishops; all of them Two and Two: Next are four Trumpeters in [Page 80] their Coats, bare-headed, Two and Two and Two; four Pursevants in their Coats, bare-headed, Two and Two; six Heralds in the [...]r Coats, bare-headed, Two and Two; the Gentleman Usher bare headed; Lyon King at Arms, with his Coat and Robes, and Foot-Mantle, and his Battoon in his hand, bare-headed; the Sword of State, the Scepter and the Crown, carried by three of the Antientest of the Nobility; on each side the Honours, three Mace bea­rers bare-headed; a Noble man bare-headed, with a Purse, and in it, the Lord High Commissioner his Com­miss [...]on. Then last of all the Lord High Commissioner, with the Dukes and Marquesses on his Right and Left hand: When the King is pre­sent, the Master of the Horse Rides easie, but a l [...]ttle aside.

It is ordered there be no shooting, [Page 81] under the highest pains and penal­ties that day, neither displaying of Ensigns, nor beating of Drums, du­ring the whole Cavalcade: The Of­ficers of State (not being Noble men) Ride in their Gowns: The whole Members Ride covered, except those that carry the Honours. The highest degree, and the most Honourable of that Degree Ride last.

Every Duke hath eight Lackeys, every Marquess six, every Earl four, every Viscount three, every Lord three, every Commissioner for Shires two, every Commissioner for Bur­roughs one, every Noble man to have a Gentleman to hold up his Train: They may have their Pages also.

The Two Archbishops to have each of them eight Lackeys; every other Bishop three; and if they [Page 82] please they may have a Gentleman to hold up their Trains.

The Noble mens Lackeys have over their Liveries, short Velvet Coats, with their Badges, Crests and Motto's, done in Plate or embroi­dered, on their back and breast.

The great Officers of State, Ride up from the Abby, the King's Pa­lace, about half an hour before the Cavalcade, in their Robes, at­tended with their friends on horse­back, waiting in the Parliament-house: When the Commissioner en­ters the House, the Lord Chancellor takes his own Purse, and ushers him from the Bar to the Throne: When the King is present, the Lord Chan­ce [...]lor receives His Majesty at the door of the Parliament-house, and ushers him up to the Throne.

The whole Members of Parlia­ment wait on the High Commissio­ner in the Great Hall; the Noble­men in their Robes.

They return in the same order back to the Palace; only the Con­stable and Mareschal Ride on the Commissioners Right and Left hand, with Caps of Permission: The Lord Chancellor and Lord Privy Seal stay behind, until all march away, and then return in the same State to the Palace, as they Ride to the Parlia­ment house.

When the King Rides in Person, the Lord Chancellor Rides, bearing the Great Seal: but this is not done before a Commissioner.

When the King is present, the Mar­quesses and Dukes Ride after the Earls; but if His Majesties Com­missioner [Page 84] be present, they follow him at some distance, or on his Right and Left hand. After the King or his Commissioner is receiv­ed by the Lord Chancellor, he is seated in a Throne, six steps high, with a State over it: And in the first step under him, in a Bench, sits the Lord Chancellor, with other Officers of State, on both hands of him: In the next step under these sit the Lords of Sessions, or Judges: On the Right hand of the Throne is the Bishops Bench, that rises up in two rows of Benches: On the highest the two Archbishops sit, and on the lower sit the Bishops, accord­ing to the Dignity of their Sees.

On the Left hand of the Throne there is another great Bench, of three steps, and rows of Benches, on which sits the Nobility, according to their Precedency.

In the middle of the four there are two Tables; on the one whereof the Regalia are laid, and in two great Chairs by them, sit the Con­stable and the Mareschal; at the o­ther Table sits the Lord Clerk of Registers, with his Deputy Clerks, who are the Clerks of the Parliament.

There are also Forms placed on the Floor; these on the Right side are for the Commissioners of the Shires; and these on the Left for the Com­missioners of the Burroughs. When all are placed, the Parliament is fenced (as the phrase is) in the King's Name: Then the King speaks to them, if he be present, in his Robes with the Crown on his head, all standing up bare headed: But when a Commissioner represents him, he is in an ordinary Sute, and stands and speaks also bare-headed (nor is the Commissioner covered when there is [Page 86] pleading at the Bar, but continues bare-headed as all the Members are) and tells them the reason for which they are called together, which is en­larged by the Lord Chancellor.

The next thing to be done, is the Chusing of the Lords of the Articles, which is a matter of great impor­tance, who are eight of every State, who have been chosen different waies: Sometimes the Bishops did Chuse the Eight Lords; and some­times the Nobility the Eight Bishops. At other times the Nobility did Chuse their own Eight, and the Bi­shops their Eight: But now it is set­led by an Act of Parliament, that the King, or His Commissioner names Eight of the Bishops; the Lords Chuse Eight for themselves; and these Sixteen do Chuse Eight Commissioners for the Shires, and Eight for the Burroughs: These [Page 87] Thirty two are the Committee of Parliament, to prepare matters: When a Bill is drawn by them, it is brought into the Parliament: An­tiently all these Bills were brought in the last day of the Parliament, on which, the Members Ride in the same State, as they do the first, and the Bills being Read, they were put to the Votes of the Parliament, and then were approved, or not; being approved, were presented to the King, who by touching them with the Scepter, gives his assent to them, which is done by his Commissioner in his absence; if he refuse to touch them, they are of no force: Matters have been fully and freely debated in Parliament: Sitting all in one House, every one answers di­stinctly to his Name, and gives his Vote, which is in these terms, I approve, or not approve; only these who are not satisfied one [Page 88] 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 publick Acts; these are accounted Treasonable; but in private Acts that relate to mens 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 Sit in State; and have been most in use before the Kings were Crowned.

Whatever Acts are passed in Par­liament, [Page 89] or Convention of Estates, are to be proclaimed soon after the Dissolution, at the publick Market-Cross of Edinburgh, by the Lyon 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 Lieges 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 Marquess of Surnames
Huntley Gordone.
Douglas Douglas.
Montross Grahame.
Athol Murray.

[Page 91]

The Earls of
Earls Surnames
Argile Campbell
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 Lyon
Abercorn Hamilton.
Roxborough Ker
Kelly Ereskine
Haddington Hamilton
Galloway Stewart
Seaforth Mac-kenzy
Louthian Ker
Kinnoule Hay
Loudoun Campbell
Dumfreis Creighton
Queensbury Douglass
Sterling Alexander
Elgine Bruce
Southesk Carnaigy
Traquair Stewart
Ancram Ker
Weimes Weimes
Dalhousy Ramsey
Airly Ogilvy
Callender 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
Tarras Scot
Newburgh Livingstone
Kilmarnock Boyd
Dundonald Cochraine
Dumbarton Douglass
Kintore Keith
Broad Albyne Campbell.

[Page 94]

The Viscounts of
Viscounts Surnames
Faulkland Carey
Dumbarr Constable
Stormont Murray
Kenmure Gordone
Arbuthnet Arbuthnet
Frendaret Creightone
Kingstone Seatoune
Oxenford Macgill
Kilsyth Livingstone
Irwing Campbell
Dumblane Osborne
Preston Grahame
Newhaven Sheene

[Page 95]

The Lords of
Lords Surnames
Forbes Forbes
Saltone Frazier
Gray Gray
Ochiltry Stewart
Cathcart Cathcart
Sinclare Sinclare
Mordington Douglass
Semple Semple
Elphingstone Elphingstone
Oliphant Oliphant
Lovat Frazier
Borthwick Borthwick
Rosse Rosse
Torphighen Sandilands
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 Sandilands
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 priviledges, titles, dig­nities, honours, &c. above the com­mon people, have been placed in an higher Orb, and have been as a shreen between the King, and the inferiour Subjects, to defend the one from Insolencies, and the other from Tyranny, to interpose by their Counsel, Courage and Grandure, [Page 98] 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, Priviledge, and Precedence, above and before these who are Ba­rons only.

Duke.

A Duke, in Latine Dux, à ducendo, Noblemen being antiently, either [Page 99] Generals and Leaders of Armies in time of War, or Wardens of Marches, and Governours 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.

Marquess.

Marchio, a Marquess, was first so called from the Government of Marches, and Frontier Countries.

A Marquess is created by a cin­cture of a Sword, imposition of a Cap of Honour, with a [...]oronet, and delivery of a Charter or Patent.

Earls.

Earls antiently 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.

Vice-Comes, quasi vice Comitis, gu­bernaturus Comitatem; a Viscount is so made by Patent.

Barons.

The word Baron was used for Vir in the Laws of the Longobards, and [Page 101] 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 [Page 102] one from another, by their Titles and Ensigns of Honour.

A Duke hath the Title of Grace; and being written unto, may be stiled, Most High, Potent an [...] Noble Prince.

A Marquess, 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 Marquess, a Pearl and Straw­berry leaf round: And a Dukes Co­ronet only Leaves without Pearls.

They are more especially distin­guisht [Page 103] by their Robes of Parliament, by their several Guards on their Mantles, or short Cloaks about their shoulders: A Baron hath but two Guards; a Viscount two and a half; an Earl three; a Marquess three and a half; and a Duke four.

Precedence.

Touching the Places or Prece­dences among the Nobility of Scot­land, it is to be observed, that Dukes amongst the Nobility have the first place, then Marquesses, Dukes El­dest Sons, Earls, Marquesses Eldest Sons, Dukes Younger Sons, Vis­counts, Earls Eldest Sons, Marques­ses Younger Sons, Barons, Viscounts Eldest Sons, Earls Younger Sons, Barons Eldest Sons, Viscounts Youn­ger Sons, Barons Younger Sons. The Princes of the Blood, viz. the Sons, Grandsons, Brothers, Uncles or Ne­phews [Page 104] of the King, and no further, having the Precedency of all the Nobility. Yea, the natural or illegi­timate Sons of the King, after they are acknowledged by the King, take Precedency of all the Nobles under those of the Blood Royal.

Moreover observe, that all Nobles of the same degree, take place ac­cording to the seniority of their Crea­tion; all Dukes Eldest Sons have the title of Earls; and the Eldest Son of an Earl, hath the title of the Earls Barony, and sometimes of the Vis­country, according to the Patent.

Of His Majesties Privy Council in the Kingdom of Scotland.

The Privy Council is chiefly im­ployed about publick Affairs, and are Judges of Riots, and any distur­bance given to the Peace of the [Page 105] Kingdom: Antiently the Lords o [...] the Session were the King's Council and so are stiled Lords of Counci [...] and Session. The Power of the Privy Council hath been most raised since King James got the Crown of England, that by reason of the King's necessary absence from Scotland, the King hath lodged much of His Power with His Privy Council. Lawyers do plead the Causes of Riots before them; and when sentence is to be given, every Privy Council­lor gives his Vote, and the major Vote carries it.

Lords and others of His Majesties present Privy Council of SCOTLAND.

  • His Royal Highness the Duke of Albany, &c.
  • John Duke of Rothes, Lord Chancellor.
  • Alexander Lord Archbishop of St. Andrews, Primate.
  • John Duke of Athol, Lord Privy Seal.
  • John Duke of Lauderdale, Presid. of the Council.
  • William Marquess of Douglass.
  • James Marquess of Montross.
  • Alexander Earl of Murray, Secre­tary of State.
  • Archbald E. of Argile.
  • John E. of Errol.
  • George E. of Marischal.
  • Charles E. of Marr.
  • [Page 107]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.
  • [Page 108]Sir James Dalrumpell, Lord Presi­dent of the Sessions.
  • Sir George Gordon of Haddo.
  • Sir George Mackenzy of Tarbot.
  • John Drummond of Londy.
  • Lieutenant General Dalziel.
  • Sir George Kinnard of Rossy.
  • Sir John Wachop of Nidry.

Of the Supreme Court of Judicature.

The Supreme Court of Judica­ture about the Property of the Sub­ject, is called the Colledge of Justice, or the Session, which was antiently an ambulatory Court, but was settled as it is now by King James the [...]ifth Anno Christi 1532. to consist of fourteen, (who are called Senatours of the Colledge of Justice, or Lords of Council and Session) and a President; to whom are added the Lord Chancellor, and four Lords of the Nobility; or as they usually call them, Lords Extraordinary. The Extraordinary Lords have no Salary, and are not obliged to Attendance; but when they come they have a Vote: This Court sits from the first of June, till the last of July; and from the first of November, till Christmas-Eve; and from the first of January, [Page 110] till the last of February: But now by Act of Parliament the Summer Ses­sions are taken away, and in stead thereof are henceforth to be kept in March: They sit from Nine of the Clock in the Morn­ing, till Twelve, all the daies of the week, except Sunday and Monday.

There is an Outer-house, and an Inner. In the Outer-house there is a Bench, where one of the Senators sits a week (and all of them except the President, have their Turns in it,) who hears all Causes originally; and where the case is clear, he gives sentence: But if it be difficult, or if either party desires it, he reports it to the rest of the Senators, who ei­ther send out their Answer by him, or if it be very intricate, and the par­ties, or either of them desire it, do appoint it to be heard before them­selves. This is a Court of great dis­patch. [Page 111] But besides the Judge upon the Bench, there is a side Bar; to which, one of the Judges comes out by turns weekly, as in the former, and receives and answers all Peti­tions and Bills: The Inner-house, where all the rest of the Senators sit, is a Court of great State and Or­der: The Senators sit in a semi­circle in Robes; under them sit their Clerks, who write all the most material heads of all that is pleaded at the Bar, where the pleadings are long, and very learned. When the the Senatours have (after all the par­ties are removed) considered their arguments, they give their sentence, and the major part carries it: Their final sentence determines all business in their Court, there lying no Appeal from them, only the Parliament as the Supreme Court may review and repeal their sentence; their decisive sentence are called Decreets, from the Latine Decreta.

Senators of the present Colledge of Justice.

The Lords Extraor­dinary,
  • The Lord Chancellor.
  • The Duke of Athol.
  • The D. of Lauderdale.
  • The Earl of Murray.
  • The Earl of Argile.

The Lords Ordinary not Noblemen.

  • Sir James Dalrumpell, Lord President of the Session.
  • Charles Maitland of Hatton.
  • Sir George Mackenzy of Rosehaugh.
  • Sir Thomas Murray of Glendoick.
  • Sir James Foulis of Collington.
  • Sir John Lockart of Castlehill.
  • Sir Robert Nairn of Strathurd.
  • Sir James Foulis of Redford.
  • Sir David Nevoy of Nevoy.
  • Sir David Balfour of Torret.
  • Sir David Falconer of Newton.
  • Sir John Gordon of Pitmedden.
  • [Page 113] Sir Roger Hogg of Harcus.
  • Sir Andrew Birny of Saline.
  • Sir George Gorden of Haddo.

Of the Justice Court.

The next Supreme Court is the Justice Court, where all Criminals are tryed: It consists of a Lord Ju­stice General, and of a Lord Justice Clerk, who is his Assistant: The Earl of Argile had this Office by In­heritance; but King Charles the First agreed with the said Earl, and gave him the hereditary Justiciariship of of the High lands, for which he laid down his pretensions to the other. The Lord Justice General is not ob­liged to serve in person, but may do it by Deputies, and he commonly named two. This Order was changed Anno 1669. and by Act [Page 114] of Parliament, four Judges were ap­pointed to sit in this Court, with the Lord Justice General, and the Lord Justice Clerk: All Tryals for Life are in this Court, which sits every Friday in the Time of Session in the Afternoon. Here all the Subjects, Peers as well as Commons are try­ed. The difference between a Peer and Commoner in their Tryal in this Court, is this, viz. The greater part of the Peers Jury (called by the Scottish Law an Assize) must be Peers: The Jury is made up of 15: The Foreman, who is called the Chancellor of Assize, gathers and re­ports the Votes: The major part de­termins the matter: The present Ju­stice General is the Earl of Queensbury.

Of the Exchequer.

The next Supreme Court is the Exchequer: That consists of the [Page 115] Lord Treasurer, (or the Commis­sioners of the Treasury, when it is in commission) the Lord Treasurer Deputy, and some Assistants, called the Lords of Exchequer, who have little power, the Lord Treasurer, and the Lord Treasurer Deputy usually carry all matters in it as they please: Here all the King's Grants, Pensions, Gifts of Wards, Letters, Patents, and such like are to be passed.

And these are the Supreme Civil Courts.

The Seat of these Courts is Edin­burgh, which has been long the chief Seat of the Government; & though the making of Circuits for giving Justice, has been oft begun, yet the charge it puts the Country to, is found a greater inconvenience, than the bringing up all their Affairs to Edinburgh.

CHAP. VI.

Of Inferiour Courts of the Sheriff­doms. The Names of the She­riffs who are so most by Inheri­tance. The Courts of Regality. A Barons Court.

NExt to these Supreme Courts, there are other Inferiour Courts.

And first there are in all the Shires of Scotland, Sheriffs, who are the Judges in all Matters of of Meum and Tuum, in Thefts, and in all lesser crimes; as likewise in Murthers, if the Murtherer be ta­ken in hot blood, as they call it, when the person is newly slain: But though there lyes no Appeal in this [Page 117] Kingdom in any Court, yet there is somewhat equivalent to it; for the Supreme Courts by a Writ, called an Advocation, may take any Cause out of the hands of Inferiour Judges, and order to be brought before them­selves.

Most of the Sheriffs were antient­ly so by Inheritance, and it being in this Kingdom no matter of charge, but of profit, it gave the Hereditary Sheriffs so great a Power in their Shires, that our King of late hath thought fit to agree with many of these Sheriffs for their Rights, by which it comes to pass that many of them now are in the King's Gift: The Sheriffs may either sit, and give Judgment themselves, or do it by a Deputy, which they most common­ly do, except in some great cases: For the more full satisfaction of the Reader, it will not seem superfluous [Page 118] here to give a List of the Shires or Counties of Scotland and their Sheriffs.

Shires or Counties of Scotland, and their Sheriffs.

Shires Sheriffs
The Shire of Edin­burgh containeth Mid­dle Lothian. Charles Maitland.
The Shire of Ber­wick containeth Mers. Earl of Home.
The Shire of Peeblis containeth Tweddail. Earl of Twed­dail.
The Shire of Sel­kirk containeth the Forrest of Etterick. —Murray.
The Shire of Rox­burgh containeth Ti­viotdale, Lidisdale, Eshdail, Eusdail. Duke of Buckleugh.
The shire of Dum­freis containeth Ni­thisdail, & Anandail. E. of Queens­bury.
The shire of Wig­ton containeth the West part of Galloway. Sir Patrick Agnew of Lochnaw.
The shire of Aire containeth Kyle, Car­rict, and Cunninghame. E. Dumfreis.
The shire of Ren­frew containeth the Barony of Renfrew. E. of Egling­ton.
The shire of Lane­rick containeth Clids­dail. D. Hamilton.
The shire of Dum­britton containeth Le­nox. D. of Lenox.
The shire of Bute containeth the Isles of Bute and Arran. Sir James Stewart of Bute.
The shire of Inne­rara containeth Ar­gile, [Page 118] [...] [Page 119] [...] [Page 120] Lorn, Kintyre, the most part of the West Isles, all Ila, Jura, Mull, Wyist, Teriff, Coll, Lismore, &c. E. of Argile.
The shire of Perth containeth Athol, Gou­ry, Glenshee, Strath-Ardell, Broad, Albine, Ramach, Balhider, Glenurqhuay, Stor­mont, Menteith, and Strath-Yern. D. of Atholl.
The shire of Strive­ling lyeth on both sides the River Forth. E. of Marr.
The shire of Lin­lithgow, West Lothian. John Hope of Hoptoun.
The shire of Clack­manan containeth a small part of Fife, ly­ing on the River Forth towards Striveling. Sir D. Bruce of Clackma­nan.
The shire of Kin­ross containeth so much of Fife as lyeth between 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. Mareschal.
The shire of Aber­deen containeth Mar, with its pertinents, as Birse, Glentaner, Glen-Muik, Strath-Dee, Strath-Don, Bray of Mar and Cromar, most part of Buchan, Foru­marten, [Page 122] Gareoch, and Strathbogie-land. E. Dumferm­line.
The shire of Bamf containeth a small part of Buchan, Strath-Dovern, Boyn, Enzy, Strath-Awin and Bal­veny. Sir James Baird of Auchmedden.
The shire of El­gine containeth the Eastern part of Mur­ray. Robert Dum­bar of—
The shire of Nairn containeth the West part of Murray. —
The shire of Inner­ness containeth Bade­noch, Lochabyr and the South part of Ross. E. of Murray.
The shire of Cro­marty containeth a small part of Ross ly­ing on the South side of Cromarty Firth. Sir John Ʋr­quart of Cro­marty.
The shire of Tayne containeth the rest of Ross, with the Isles of Sky, Lewes, and Har­righ. E. of Seaforth.
The shire of Dor­noch containeth Sou­therland and Strath-Naver. E. of Souther­land.
The shire of Weik containeth Cathness. E. of Cathness.
The shire of Orkney containeth all the Isles of Orkney and Schet­land. —
The Constabulary of Haddington con­taineth East Lothian and Lauderdale. D. of Lauder­dale.
Stewartries. Stewards.
Strath-Yern. E. of Pearth.
Monteith. E. of Monteith
Annandail. E. of Annand.
Stewartries Stewards
Kirkudbright con­taineth the East part of Galloway. E. Nithisdail.
Baileries. Bailiffs.
Kyle. —
Carrict. E. of Cassiles.
Cunninghame. E. Eglington.

Court of Regalities.

There are also many Regalities in the Kingdom, where the Lord of the Regality has a Royal Jurisdiction within his grounds, and power of Life and Death; besides many other great immunities and priviledges. This began chiefly in Church lands: for all the Bishops, and most of the Abbots had these Regalities granted them; some of the antient and great Peers, got the same power bestowed upon them; and many more have lately got their Lands erected into Regalities.

The Judge is called the Bailiff of the Regality, who sits as often as there is cause. Most of the Bailiffs of the Regalities of Bishopricks are so by inheritance: These being gi­ven by the King, a Church-man not [Page 126] 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. Antiently these Baron Courts might judge of Life and Death; but now it is not so. For all the other particulars that re­late to the Regalities, Superiorities, and other things of the Laws of Scot­land; such as are curious, may find full satisfaction in that most learned work of Craigs De Jure Feudali, written in Latine, and printed at Edinburgh, in Folio.

CHAP. VII.

Of the Burroughs of Scotland.

Of the Burroughs Royal, Burroughs of Regality, and Burroughs of Barony. The Names of the Free Incorporations or Burroughs Royal.

THE Burroughs of Scotland are of three sorts, either Royal Burroughs; Burroughs of Regality, or Burroughs of Barony. The for­mer have Commissioners in Parlia­ment, and besides, are a State apart; for they meet yearly in a Conven­tion, called the Convention of Bur­roughs, from which a Commissioner comes from every one of them: [Page 128] There they make Laws for them­selves about Trade, and other things relating to their Corporati­ons: They hold these Meetings in a Circu [...]t, around the Chief, or as they call them, the Head-Burroughs; and at the end of one Convention, they name the time and place for the next.

In these Burroughs there is a Provost (or Mayor) who has the Chief Power; and there are four Bailiffs (or Aldermen) that are next to him in the Government: There is also a Dean of Gild, named among the Romans Aedilis, who is the Chief Judge among the Merchants; likewise a Treasurer and a Common Council, the one half of which is chosen usually by the Merchants, the other half by the Trades men once every year: The Trades men have a Court of their own, in which [Page 129] there is one from every Trade, who is called the Deacon of the Trade, and they chuse one among them­selves, to be President in all their Meetings, and Affairs, who is call'd Deacon Conveener; by his Order they are to meet, as their business requires: These Deacons are chosen yearly by all the Freemen of their Trade, and have a little jurisdiction over them: There are in most Bur­roughs, great and dangerous Animo­sities and Factions, between the Merchants and Trades-men upon the account of precedence, in pub­lick daies, when they meet.

Burroughs of Regality.

The Burroughs of Regality are the Towns, where these Lords of Regalities hold their Courts: The Chief Magistrates are named by the Lord, the rest they chuse themselves:

They have also great freedoms, little inferiour to the Royal Bur­roughs; only they have no Com­mi [...]ioners in Parliament.

Burroughs of Barony.

The Burroughs of Barony are Market-Towns; where the Lord of the Barony names some of the Magi­strates; and the Corporation chuses the rest. In all these Burroughs the Magistracy is no matter of Burden, nor Charge, but of Power and Ad­vantage; from whence arise great Factions amongst all of them in most of the Burroughs.

A Catalogue of the Free Cor­porations, or Royal Bu [...] ­roughs in Scotland.

In the Lothians.
  • Edinburgh
  • Linlithgow
  • Haddington
  • Northberwick
  • Dumbar
In Fife.
  • Saint Andrews
  • Couper
  • Kirkaldy
  • Crail
  • Anstruther
  • Pittenweeme
  • Dysart
  • Earlesferry
  • Kinghorn
  • Innerkeithing
  • Burnt Island
In Fife.
  • Queens-Ferry
  • Dumfermling
  • Culrosse
  • Clackmanan
In Angus.
  • Dundee
  • Montross
  • Forfar
  • Brichen
  • Arbroath
In Galloway.
  • Kirkudbright
  • Wigton
  • Withthorn
  • Stranraver
In Clidsdail.
  • Glasgow
  • Lanerick
In Murray.
  • Elgin
  • Nairn
  • Forress
In Ranfrowshire.
  • Ranfrow
  • P [...]sley
  • Ruglen
In Mar.
  • Aberdeen
  • Kintore
In Boyn.
  • Bamf
  • Cullen
In Rosse.
  • Innerness
  • Tayne
  • Aire in Kyle.
  • Irwing in Cunningham.
  • Rothsay in Bute.
  • Dumbarton in Lenox.
  • Innerrara in Argile.
  • Jedbu [...]gh in Tiviotdail.
  • Peebles in Tweddail.
  • Selkirk in Forrestshire.
  • Striveling upon Forth.
  • Dumblain in Monteith.
  • Dornoch in Southerland.
In Annandale.
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 Collonels, and the Troops of Horse by Captains, named by the King, [Page 136] without any dependance upon one Lord-Lieutenant, nor are there De­puty-Lieutenants; yea, the Lieuten­ant-Collonels, and other Officers are named by the King, as is usual in an Army, and perhaps the Mi­litia in this Kingdom are as well go­vern'd and disciplin'd, as in any o­ther Kingdom; the People of Scot­land being naturally stout and reso­lute, which make them so much valued beyond Seas; the only School of War to them since the conjuncti­on of this Island under one King. They are upon all occasions ready for the Kings Service; naturally be­ing great lovers of the Royal Fami­ly, having so just a r [...]ght to the Crown, by an uninterrupted descent for so many Generations, as cannot be paral­lel'd almost in the whole world; what happen▪d in the late Rebellion. Where the Schismaticks so highly de­luded with fair promises, and reitera­ted [Page 137] invitations from England, being as time Brethr [...]n in a Solemn League and Covenant, the issue proving so­lemnly destructive to the ancient Government, and constitutions of both Kingdoms, and to the perpetual scandal of Christianity itself, in that the best of Kings was at last murder'd by these hellish contrivances: I say what happen'd then, cannot be re­corded as an infamy upon the whole Kingdom, being there were ten thou­sands in that ancient Kingdom, who never bowed their knee to that Baal, the Idol of these unhappy times: many of the Ancientest of our No­bility were sufferers, to the utter ru­ine of their Estates and Families, a great many lost their lives under the King's Lord Commissioner, the wor­thy and valiant Marquess of Mon­tross, who himself was barbarously murder'd, by that wicked, insul­ting crew: being it is manifest by [Page 138] the account that all the writers of these times giveth, that it was but a part, and that indeed the scum of the People, who had taken upon them at that time to shake off their Duty and Loyalty; no man in his right senses, or understanding, will impute any of those most inhumane procee­dings and practises, to the People of the whole Nation, who in all emer­gencies since his Majesties hap­py Restauration, have given such clear demonstrations of their Loyal­ty upon all occasions; have proved to the everlasting infamy of that pre­vailing party in those late confusions, that they were but an handful, and that the most inconsiderable part of the Kingdom: whoever therefore will be so foolish, as to evidence his ignorance of the proceedings of these in that dreadful Rebellion, by imputing their machinations and cruelties to the general consent of [Page 139] the Kingdom, let him alwaies be esteemed as one that is over-ruled by malice and passion, thirsting after no­thing so much, as to make People believe that His Majesty now reig­ning, hath no Dutiful Subjects in that his most ancient Kingdom; he may be esteemed an enemy to the Go­vernment, who would inveigle into the minds of the People that His Majesty is not sure of the Dutiful assistance of his Subjects of that Kingdom, if need require: many times the Loyal Subjects of Scot­land, when they are abroad suffer re­proach for the barbarous proceedings of these unhappy times; but 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 [Page 140] for the abominable knavery of a few, who to this day are stig­matized for their roguery, and their posterity render'd contemptible: it is not necessary to run out in vindication of the Loyalty of the People of Scotland in this enterprize, their Actions of late when the Kings 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 Majesties Dominions, if need require.

CHAP. IX.

Concerning the Ecclesiastical Govern­ment of the Church.

IN the Year 1660 after a most grievous burthen of that insup­portable yoak, which our sins had prepared, and other mens sins had laid on us; after the Kingdom had groan'd nine years under the Tyran­ny of these Usurpers, who to com­pleat our miseries, imprisoned, Bani­shed, and miserably butcher'd the Loyal Subjects, under the names of Malignants, Traitours, and Rebels; their Estates and Lands forfeited, and sold, their Houses garrisoned, plundered, and burnt, and their posterity almost reduced to poverty, and misery; Alass! Our Plough-shares [Page 142] were metamorphosed into Swords: after all these calamities it pleased Almighty God to remember us in mercy; and after the Church had suffer'd an Eclipse for twenty four years; By the miraculous Restau­ration of our most Sacred Sovereign to the Throne of his Ancestours for the good of this Church and King­dom, then 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 [Page 143] to 1649, with the assembly of Glas­gow 1638 &c. were annulled, the unjust transactions at New-Castle 1646, and 1647 condemned, Duke Hamiltons engagement 1648 appro­ved, the pretended forfeitures of the Marquesses of Huntley, and Montross, the E. of Forth, Barrons 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 Antient Ecclesiastical Government of the Church was restored, to the exceeding joy and satisfaction of all his Majesties 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 [Page 144] in the eyes of the People, that His Majesties 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, ought to be kept as me­morials, 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. Leonards Colledge) was preferred Archbishop of St. Andrews, Primate, and Metropolitan of Scot­land, who was murthered after a most barbarous manner by some Ruffians in May 1679.

Upon his Murther, 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's 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.
  • Kinkell.
  • 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 antient and magnificent Fabrick, was demolished with the Priory; since which time the Parish-Church serves instead of it.

The Diocess 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 civilized Na­tions, hath ever had the preference and precedence of the Laity, and hath in all times been reputed the [Page 148] 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 stiled 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 domestick 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; [Page 149] therefore it is that all Bishops are Peers of the Realm: The Arch-Bishop of St. Andrews takes place of all Dukes 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 Arch-Bishop 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 priviledge 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, &c. whereas no Lay-Baron, Marquess, 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 robb'd 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 Bishopricks, what was most unjustly kept from them: Yea, at this day, a Gentleman of 200 l. Land Rent 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 [Page 151] of the Church, is the great reproach and shame of the Scottish Reformation, and will, it's to be feared, prove one day, the ruine of Church and State.

The Observations of the judici­ous Mr. Hooker, concerning the English Church, may be applyed to ours: (How the Church was every day robb'd of her Dues, and that it was then an Opinion rife, that to give to the Church smelt of Ju­daism, 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 [Page 152] 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 rendred 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 Errours, 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 antiently the Function of [Page 153] 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 Clergy-men; 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 daies; 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 owe a great Reverence to the Bishops, in con­verting Scotland to the Christian [Page 154] 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 Schismaticks: 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 Schismaticks 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 [Page 155] the present Pious, Learned, Loyal and Orthodox Clergy of Scot­land, even by those, who have al­waies 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. [Page 156] 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 Achaian 1135. It oweth thanks to the memory of King James the Sixth, for its preservation from utter Ruine. 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 Trades-men having notice gi­ven them of this design, convene in Arms, and oppose the Magistrates, threatning to bury the Workmen under the Ruines of that Antient [Page 157] Building: Whereupon the matter was referred to the King and Coun­cil, who decided the controversie in the Trades-men's favours, reproving the Magistrates very sharply.

The Diocess 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 fac'd, proper, clothed with a Pontificial Robe Pur­ple, on his head a Miter, and in his dexter hand a Crosier Or.

Of the Bishops of Edinburgh.

The Bishoprick 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 Bi­shoprick. 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 Marquess 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 Bishoprick, 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 [Page 159] Church:) a vast and magnificent Structure; it is at present divided into three partitions; three whereof are allotted to God's Publick Wor­ship.

The Diocess 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 Miter of the Second Gar­nished Or.

Bishops of Galloway.

Anno 1606. The first Bishop of this See, after the Reformation, was Gawin 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 [Page 160] 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 Bishoprick; unto whom succeeded John Paterson, since translated to Edinburgh, in whose place D. Atkins now governs the See

The Diocess 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 threatned [Page 161] 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 sate little above two years: Upon his Death Henry Guthry was promo­ted to the Bishoprick: Now Dr. Bruce governs this See.

The Chapter of Dunkeld consists of the Persons following.

The Re­ctor of
  • Kinclevin, Dean.
  • Tibbermire, Cantor.
  • Couper, Arch-Deacon.
  • Lethindy, Chancellor.
  • Dunkeld, Treasurer.
  • Fungart.
  • Inch-mack, Grannoch.
  • Logio Alachie.
  • Blair in Athol.
  • Eliot.

The Parson of Rattary Sub-Dean.

The Par­sons of
  • Ruffill.
  • Kepitmack in Athol.
  • Monady.
The Pre­bendary of
  • Fearne.
  • Menmure.
  • Aberdaigy.

The Diocess 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 Bishoprick 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 sate little above a year, being transla­ted to Glasgow, which was then void, by the death of Arch-Bishop [Page 164] Fairfoul. Upon his Translation An­no 1664. the Reverend Patrick Scou­gal, Parson of Salton, was promoted to the Bishoprick 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 Col­ledge, the Principal thereof is Dean.

The Par­sons of
  • Auchterless, Cantor.
  • Rayne, Arch-Deacon.
  • Birse, Chancellor.
  • Daviot, Treasurer.

The Rector of St. Peters, Subcantor.

The Parson of Kinkell, who is the Patron of 7 Churches, Kinkell, Drumblait, Monkeigie, Kintor, Kemray, Kinnellar and Dyce.

The Parson of Morthlick.

The Re­ctor of
  • [Page 165] 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.
  • Ellon.

Several Learned and Worthy men in the Diocess of Aberdeen, were thrust out of their Livings by the [Page 166] Covenanters. The most considerable were,

John Forbes of Corse, Doctor, and Professor of Divinity in the King's Colledge of Aberdeen.

Robert Baron, Doctor, and Pro­fessor of Divinity in the King's Col­ledge of Aberdeen.

Alexander Scrogie, D. D. Minister in Old Aberdeen.

Patrick Dune, Dr. of Physick, Principal of the Marischal Colledge 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 Rayne, John Ross, Par­son of Birse, John Gregory, Rectour of Drummaok, John Log [...]e, Rectour of Raphan, Thomas Thoires, Minister at Ʋdny.

The Cathedral of Aberdeen dedi­cated to St. Machar, was founded by [Page 167] 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 free-stone, 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 tunable 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, [Page 168] accompanied with some of the Tounsmen of Aberdeen, having de­molished the Monasteries of the Black, and Gray Friers, fell to rob the Cathedral, which they spoiled 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 ruine 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 Diocess of Aberdeen contains the Shire of Aberdeen, most part of Bamff shire, and part of Mernis.

Bishops of Murray.

Anno 1662. Murdack Mackenzie, Rectour of Elgine, was preferred [Page 169] Bishop of Murray, since translated to Orkney: [...]octor 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 Bishopricks, having wisely with­drawn themselves into England, to avoid the storm which threatned them; whereas this Bishop staid at home till his Bishoprick left him; being thrust out from his benefice, by the Covenanters, he retired to his antient 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 [Page 170] by Andrew Bishop of Murray 1230, was one of the rarest Monuments that this Kingdom afforded; equal in length almost to St. Pauls 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 Diocess 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 sate [...] 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 hand­som Fabrick; 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 Diocess of Brichen contains part of Angus, and Mernis.

Bishops of Dumblane.

Robert Leighton, Principal of the Colledge of Edinburgh, was promo­ted Anno 1662 to the Bishoprick of Dumblane: He was a man of singular and wonderful Piety, and of great Learning; and in him, most of the [Page 172] 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 expence 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 edifie and instruct them all: He studied by the most gentle methods possible, to overcome the peevishness of the Schismaticks; 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 [Page 173] restored, and he retired from all Publick 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 al­waies Dean of the King's Chapel Royal.

The Diocess of Dumblane con­tains part of Perth, and Striveling­shire.

The Bishops of Ross.

John Paterson, Preacher in Aber­deen, was promoted to the Bishop­rick of Ross 1662. Upon his Death Alexander Young, Bishop of Edin­burgh, was translated to this See. John Maxwell, one of the Preachers [Page 174] 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 Diocess of Ross hath under its Jurisdiction the Shires of Tayn, Cromarty, and the greater part of Innerness-shire.

The Arms of the Bishoprick 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 dext [...]r 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 Diocess 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 sate but a little [Page 176] 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 [...]istol-shot, aimed at the Archbishop of St. An­drews▪ by an obscure fellow, named Mitchel, who afterwards was exe­cu [...]ed: This Bishop died An. 1676. and was buried at Kirkwall, in the Cathedral Church. Murdack Ma­kenzie, Bishop of Murray, was transla­ted to this Bishoprick, 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, [Page 177] and Professor of Divinity in the Ma­rischal Colledge of Aberdeen, to the Bishoprick. The Learned and wor­thy man, having incensed the Cove­nanters, by expressing his Loyalty so publickly, 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 Diocess 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 [Page 178] 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 Diocess, 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 Apostolick per­son.

James Fairly, sometimes Bishop of Argile, was thrust out by the Co­venanters 1638. and afterwards re­nounced his Bishoprick, 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; [Page 179] he governed the See nine years, and died at Dumbarton Anno 1675. Un­to him succeeded Arthur Ross, who since is translated to Glasgow.

The Diocess of Argile contains the Countries of Argile, Lorn, Kintire, and Lochabyr, with some of the West Isles, such as Lismore, &c.

The Arms of the See of Argile, are Azure, Two Crosiers disposed in Sal­tier, and in chief a Miter, 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 Bishoprick 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 [Page 180] time; in the late Rebellion he was a great sufferer, being sequestered, and plundered; yet he out-lived all this misery, and at the Restauration of Bishops in Ireland he was re­stored to his former Bishoprick in Rapho: He was the antientest con­secrated Bishop in Christendom: To him Neil Campbell, Rector of—succeeded 1602. in the Bishoprick 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 Faul­coner, formerly Minister of Forress, was preferred to the Bishoprick of Murray.

CHAP. X.

Of Bishops 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 [Page 183] Official or Commissary, who is Judge of the Spiritual Court within his Diocess: Unto this Court are re­ferred matters of Testaments, Ba­stardy, Divorce, Tithes, Perjury, &c. 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 Fleeming, 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 Innes, 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 President, all Fornicators, Adulterers, Blasphemers, Swearers, Prophaners of the Lord's Day, &c. are convented, and put to publick confessions of their sins, and profes­sions of their Repentance, according to the degree, or hainousness of them: For Fornication, they make publick confess [...]on in the Church▪ several Lords Daies; in the last of which they receive Absolution: For A­dultery, they make their profess [...]on [Page 186] of Repentance for half a year, every Lord's Day; and for six Lords Daies 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 Fabrick of the Church, to assist in the censuring scandalous persons, and to wait on the Minister at the Celebration of the Lords Supper, &c. 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 President 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 apostatize 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 Tryals, as making Homilies, Ser­mons, and common places; which hold two or three months; and then [Page 188] 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.
  • [Page 189]Skye.
  • St. Andrews.
  • Kirkaldy.
  • Couper.
  • Dumfermling.
  • Meigle.
  • Dundee.
  • Arbroath.
  • Thirso.
  • Forfair.
  • B [...]ichen.
  • Mernis.
  • Aberdeen.
  • Kincarden.
  • Alford.
  • Gareoch.
  • Deir.
  • Turreff.
  • Fordyce.
  • Kirkwall.
  • Colmkill.
  • Ellon.
  • Strathbogy.
  • Abernethie.
  • Elgine.
  • Forress.
  • Aberlower.
  • [...]hanrie.
  • Tayne.
  • 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 President, 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 tryed, 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 [Page 191] Censures of the Church; and then 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's 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, [Page 192] 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 burnt 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 Bi­shopricks, others plundered, others imprisoned, and others dying in o­ther Kingdoms among strangers? This was a forerunner of greater miseries; [Page 193] 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 intend 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 [Page 194] verified. The most subtle trick of the Devil is, when a well-establisht Government in a Church or State cannot be shaken by other of his ma­licious machinations, then it is, that by instruments conformable to his own genius, under pretext of Reli­g [...]on, or at least under a colour of re­forming some abuses: (And so by de­grees) this Church was of all its watch men robb'd, and Wolves in Sheeps clothing put in their places; who abhorr'd the name, but exerci­sed the power of a Bishop, in every one of their respective Parishes. The best of Princes perceiving this ruine approaching, was pleased that any thing which might be an offence in the Divine Worship, might be laid aside for a time, although in it self ne­cessary; and accordingly the Book of Common Prayer, Book of Canons, and High Commission, were at that time la [...]d [...]side; ye [...] notwithstanding, this favour could not engage us to [Page 195] continue in our Duty and Allegiance: All the fruit of these singular conde­scentions of His Majesties, was no­thing but a breathing after a desperate and horrid Rebellion; such as former Ages could no waies parallel: Then it was, the Son rose up against the Fa­ther, Brother against Brother, Parishes were divided, yea the whole King­dom was divided against it self; which way soever we lookt, nothing was to be seen, but that desolation in the Church, and afterwards in the State, which would consume the eyes, and grieve the hearts of all good and Loyal Christians and Subjects. The Church was rent by Schism; the Bishops, and many of the Reverend Clergy were thrust out, plundered & banished: Yea the house of Prayer was in a most literal sense made a Den of Thieves. Nine years did the Kingdom lye under the Tyranny of Usurpers; till it pleased God to free us from this bondage, by restoring [Page 196] to us our most Gracious Soveraign: Then was the Church restored to its Ancient Government, by the most consonant Laws established upon sure and good Foundations. The great Power of General Assemblies was better regulated, in which no­thing is to be proposed but by the King or His Commissioner; nor can any thing that they do be of force, till it be ratified by the King: The Supreme Ecclesiastical Court declared to be a National Synod, made of Bishops and Deans, and two Mem­bers from every Presbytery, one of whom is nominated by the Bishop of their respective Diocess, and a Commissioner from every Univer­sity; and the calling of this Synod to be wholly in the Crown.

CHAP. XI.

The Ʋniversities of Scotland.

IN Scotland there are four Univer­sities, from which every year there [Page 197] is a fresh supply of Learned persons fit for publick Employments and Dignities in Church and State. The four Universities are,

  • St. Andrews.
  • Aberdeen.
  • Glasgow.
  • Edinburgh.

Of the Ʋniversity of St. Andrews.

This University was founded by Bishop Hen. Wardlaw, An. Christ 1412. it is endowed with very ample Pri­viledges. The Archbishops of St. Andrews are perpetual Chancellors thereof. The Rector is chosen yearly; and by the Statutes of the U­niversities, he ought to be one of the three Principals: His Power is the same with that of the Vice-Chancel­lor of Oxford or Cambridge. There are in this University 3 Colledges; viz. St. Salvators, St. Leonards, & New Colledge.

St. Salvators Colledge.

This Colledge was founded by James Kennedy, Bishop of St. Andrews; he built the Aedifice, furnished it with [Page 198] costly Ornaments, and provided suf­ficient Revenues for the mainte­nance of the Masters & Professors.

Persons endowed at the Founda­tion, were, a Doctor, a Batchelor, a Licentiate of Divinity:

Four Professors of Philosophy, who are called Regents: Eight Poor Scholars, called Bursars.

Benefactors. I can give little ac­count of the Benefactors. The Earl of Cassils hath founded a Professor of Humanity, to teach the Latine Tongue. George Martyn ceiled the great Hall. The Arms of St. Salvators Colledge are the Globe, and St. Sal­vators Cross.

St. Leonard 's Colledge.

St. Leonards Colledge was found­ed by John Hepburn, Prior of St. An­drews Anno 152—Persons endowed are, a Principal, or Warden; Four Professors of Philosophy; Eight poor Scholars.

Benefactors. Of these, take this [Page 199] account. The Priory of Portmuck is annexed to this Colledge; & lately the Personage of Kinkell in Aber­deen-shire.

New Colledge.

New Colledge was founded by James Beaton, Archbishop An. 153—The Professors and Scholars endow­ed, are of Divinity; for no Philoso­phy is taught in this Colledge.

Present Professors.

In St. Salvators Colledge; Dr. Skeen Provost; Mr. Thomson, Mr. Kinnaird, Mr. Martin, Mr. Minzies, Professors of Philosophy.

Mr. Moncrief, Profes. of Humanity.

In St. Leonards Colledge.

Dr. Weems Provost; Mr. Crockat, Mr. [...]arnaigy, Mr. Cunninghame, Mr. Wood, Professors of Philosophy; Mr. Saunders, Prof. of the Mathematicks; Mr. Ker, Prof of Humanity.

In New Colledge.

Dr. Moor, Arch Deacon.

Dr. Combrie, Dr. Falconer, Profes­sors of Divinity.

There was lately founded in the University of St. Andrews, a Prof. of Mathematicks.

The short and bad Account of this University, is for want of better In­formation.

Learned Men and Writers.

John Mayor, Provost of St. Salvators, a person according to the Learning of those times, very famous: His Histo­ry of the Scottish Nation is not so much esteemed, being very short, and in the style and way of writing, Scho­lastical and Quodlibetical; he wrote also on the Master of Sentences; he flourished about the year 1520.

Andrew Melvil, Professor of Divi­nity in the New Colledge; a man well seen in the Hebrew Language, and the Rabbinical Writings: he was the first who kindled the great Con­fusions in the Church, by introducing the Discipline of Geneva.

John Baron, Doctor, & Professor of Divinity in the New Colledge, was a [Page 201] person of great worth and Learning, and of great candour; he died in the time of our late Confusions.

Sir John Wedderburn was a Pro­fessor of Philosophy in this Universi­ty; but that was too narrow a place for so great a person, who became since so celebrated for his great Learning and skill in Physick: and though his infirmities, & great Age, forced him to retire from publick practice and business, yet his fame attracted all the Nation to him: and his noble hospitality and kindness to all that were learned and virtuous, made his conversation no less loved, than his advice was desired.

Samuel Rutherfurd, Professor of Divinity in the New Colledge, was very famous in those times for quick­ness, and subtilty in disputing and writing: he was judged to be very devout: he wrote Exercitationes de Gratia, and Disputationes de Provi­dentia: he was a wonderful asserter [Page 202] of the Superlapsarian Hypothesis: he wrote also many Books in English; some Controversial, as The Divine Right of Presbytery, and other pieces of Devotion and Sermons: he wrote also Seditious Books condemned by Law, about the Power of the King, and the Priviledge of the people, called Lex Rex. He died [...]661.

Alexander Colvill, Doctor, and Pro­fessor of Divinity in the New Col­ledge: he was before Professor at Se­dan: he was Learned in the Hebrew, and was a great Textuary, and well seen in Divinity: 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 Learn [...]ng; he wrote a Book against Indepen [...]ency. He died about the year 1664.

John Johnston, Professor of Divi­nity in the New Colledge, wrote a Paraphrase of the Psalms, and other [Page 203] most excellent Poems, and was ve­ry much admired for his skill in the Latine Tongue, and Poesie: 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 Altare Damascenum: He was at first very factious, and banish'd 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, [Page 204] 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 Mathematicks 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 tra­velled; 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 Colledge, where [Page 205] 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 Judgment, and universally [Page 206] known in every thing, but more particularly in the Mathematicks: 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 labore, & sumptibus, procurante Reverendo Antistite Gui­lielmo Turnbullo, Episcopo Glascuensi. The words of the Bull are, Ʋt stu­dium generale vigeat tam in Theolo­gia, ac jure Canonico & civili quam artibus & qualibet alia facultate; [Page 207] quodque Doctores & Magistri ibidem omnibus & singulis privilegiis, liber­tatibus, honoribus, immunitatibus, ex­emptionibus per sedem Apostolicam vel alios quomodolibet Magistros, Docto­ribus & Studentibus, in studio 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 profes [...]on, rather by the conv [...]nience 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 Colledge, viz a Principal, three Professors of [...]h [...]losophy, called Re­gents; four Scholars, called Bursars; an Oeconomus or Provisor, who fur­nisheth the Table with provisions, [Page 208] 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 priviledges 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 & Scholares in hac universitate stu­dentes, sub nostra firma pace & custo­dia, defensione & manutentia suscipi­mus, eosdemque Rectores, &c. ab om­nibus Tri [...]utis, exactionibus, Taxa­tionibus, collectis, vigiliis, custodiis eximimus & postea eximendos statui­mus.

The same priviledges were con­firmed by King James the Third Anno 1472. by King James the [Page 209] 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 priviledges, 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 ratifie all the old Priviledges, and bestowed Money for repairing the Fabrick.

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 Popes Bull was obtain­ed, was very liberal to the Colledge, [Page 210] 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 Colledge.

The Ground on which the Col­ledge 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 Sholars; as William Struthers, Zachary Boyd, Thomas Crawford, Ministers.

Others have bestowed Money for repairing the Fabrick; as Alexander Boyd, Matthew Wilson, Ministers.

James Law, Archbishop of Glas­gow, was very bountiful to the Col­ledge; 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 Fabrick.

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 Colledge 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 Sallary 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. Fleeming of Fern, Rector. Doctor Matthew Brisbane, Dean of Faculties.

Edw. Wright, Principal or Warden. David Liddell, 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 [Page 214] 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 subtil, 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 Latine.

Robert Baily, Professor of Divi­nity, [Page 215] 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 Learn [...]ng incomparable, was bred in this Colledge: He was ad­mired of all men who knew him, for [...]is Learning and subtilty: He [Page 216] 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 applyed himself to write the Scottish History in Latine, which he penned wi [...]h such Judgment and E­loquence, as no Country can shew a a better: Only in this he is justly blamed, that with the Factions of the Time, and to justifie the proceed­ings of the Noblemen against the Queen, he went too far in depres­sing the Royal Authority of Princes, and allowing their controulment 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 [Page 217] 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 priviledge of an University in Aberdeen Anno 1494. It is endowed [Page 218] with as ample priviledges as any University in Christendom; and particularly the Foundation re­lates to the priviledges of Paris and Bononia; but hath no reference to Oxford, or Cambridge, because of the Wars between Scotland and Eng­land at that time: The priviledges 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 Vice-Chancellor resides in the Official or Commissary of Aberdeen.

The Rector, who is chosen yearly, with the Assistance of his Four As­sessors, [Page 219] is to take notice of Abuses, &c. 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 Colledge was founded by Bishop William Elphinstone An. 1500. and was called the King's Colledge, 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.
  • Physick.

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 Fabrick; fur­nished the great Steeple with Ten Bells; gave many costly Ornaments, as Hangings, &c. and many Books.

King James the Fourth bestowed upon the Colledge the Rents of the Hospital of St. Germans 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 Friers of Bamf; the Chaplainries of Westhall and Fallowroul.

King Charles the First gave to the Colledge two parts of the Revenues of the Bishoprick 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 Diocesses 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, Chapter-house, Vestry-house, a School, and Chambers for the Chaplains.

Gawin Dumbar, Bishop of Aber­deen, built the South-quarter of the Colledge, and the Houses belonging to the Prebendaries; and did perfect [Page 222] 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 Deanry to the Colledge Anno 1579.

Walter Stewart Principal, procured the annexation of his Rectory of Methlick to the Colledge.

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 Physick, left in Legacy to the Colledge, 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 Boeth, or Boyes, (descended from the Boeths of Pan­bride in Angus) Born in Dundee, and Bred up in Letters in the Uni­versity of Paris, was the first Prin­pal: Besides his History of the [Page 224] 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 Kinkell. This man was a great Scholar, and a subtil Disputant; but no great friend to the Colledge: For the hatred he bare to the Reformed Religion, he alienated some of the Colledge Revenues; de­stroyed many of its Writings and Evidences, whereby many Lands and other Rents belonging to St. Ger­mans, are quite lost; sold the Or­naments, Books, and other furniture belonging to the Colledge. Com­mendable he was in one thing; for when some of the Reformers would [Page 225] 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 [Page 226] 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 Colledge, 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 Colledge 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 Collonels to reform the Colledge. Collonel 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 Latine 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 Colledge, of six Stories high, consisting of 24 Chambers, with Chimnies, & 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 Colledge 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 [Page 230] home, died in his house of Corse: 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, &c. 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 priviledge: 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 [Page 231] any other, if he be sufficiently quali­fied: If a vacant place be not filled within one month, then 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 Diocesses, 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 lye 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 chuse a Procurator, to give up their Votes in the Election.

Every Michaelmas the Masters convene after the ending of the Ten weeks Vacation, and a Problema is affixed on the Colledge Gates, in­viting young Scholars to come and dispute for a Burse (which is their maintenance at the Colledge.) To these are prescribed Exercises or Theams to make, then Latine 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 Metaphysicks.

Those of the third (who at the years end are Batchelors of Arts) do learn Ethicks and general Physicks.

The fourth and highest Class do compleat their course with special Physicks and Mathematicks.

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 daies 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 publick School, where [Page 234] the Professor of Philosophy, or Re­gent, who is to confer the degree (or in some Colledges 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, Ʋniversitati huic, almae Parenti, cui hanc ingenii culturam debeo, liberaliter relaturum me nutritiam quam potero, eâdem fide [Page 235] 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 Ʋniversitati 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 Scho­lars head) adorno, Quod ut Tibi fae­lix faustumque sit, Deum optimum, [Page 236] 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, Shoutings, &c. Thus are all the Candidati graduated one after ano­ther.

Present Masters and Professors.

John Menzies, Professor of Divi­nity in the Marischal Colledge 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 Ʋrqhuart, Dr. and Profes­sor of Physick.

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 inferiour Servants.

Learned Men and Writers.

Hector Boeth, 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, [Page 238] 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 Colledge, and Official of Aberdeen, was a very worthy person, and of great Learning in those daies 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 [Page 239] 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 shew both his Learning, and Moderation: His piety and devotion was so signal, that his name will be alwaies remembred 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 Phy­sick, 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 Physick, 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 Phy­sick. 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 expence of the Clergy: But he dying before his Manuscripts were Put in order, only his Book of Ethicks was printed; they all three flourished about the year 1630.

George Middleton, Dr. of Physick, was once a professor of Philosophy here, a man of considerable parts, [Page 241] and good Learning, and well skilled in the practise of Physick.

William Gordon, Dr. and Professor of Physick here, was a very worthy person, of great judgment, and well seen in that Science: He died Anno 164—

James Sandilands, 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 Colledge.

Of the Marischal Colledge of Aberdeen.

The Marischal Colledge 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 Mathematicks.

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 Sal­lary to a Library-keeper.

Bernard Cargill gave a conside­rable sum of Money towards the maintenance of a Professor of Ma­thematicks.

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 Colledge, the third part of the Rents of the Bishoprick of Aber­deen, so long as the See should con­tinue vacant, Anno 1641.

Alexander Reid, Dr. of Physick, left in Legacy to the Colledge, 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 Physick, each of them gave money to maintain Bursars: Several of the B [...]nefactors left their Books to the Library.

Principals.

Anno 1593. Robert How, the first Principal.

Anno 159—Gilbert Gray.

Anno 160—Andrew Aidie.

Anno 161—William Forbes, Dr. of Divinity, afterwards B. of Edinburgh.

Anno 162—Patrick Dun, Dr. of Physick.

Anno 1639. William Moir.

Anno 1663. James Leslie, Dr. of Physick.

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, Professour of the Mathematicks.

George Peacock, Sub-principal, and Professour of Philosophy.

George Paton, Robert Farquar, James Lorimer, Professours of Phi­losophy. The Earl Marischal is the [Page 245] only Patron of this Colledge.

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 Pro­fessour 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 Metaphy­sicks, and other small Treatises: there [Page 246] are many other Manuscripts of his, which are not yet Published, and he bare the greatest part of that famous debate, Anno 1638, between the Doctours of Aberdeen, and the Covenanters.

Alexander Reid, Doctor of Phy­sick, 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 Phy­sick, 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 Ma­jesties first Physician, was educated in Aberdeen, whose learning, and happy practice of Physick, as they raised him to such esteem, and dig­nity, so his constant loyalty, and [...]gh generosity did answer that no­ble Race of Frasers, 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 privi­ledge of an University within their Town. but the foundation was not perfected till Anno 1582. The privi­ledges of this University are the same with those of any other Uni­versity in the Kingdom.

The dignity of Chancellour, and Vice Chancellour doth reside in the Magistrates, and Town Council of [Page 248] 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 Professour of Divinity.

Four Masters or Regents (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 Professour of Hebrew, Anno 1640.

Doctor Conradus Otto, a learned Jew, was the first Professor.

The City of Edinburgh likewise added a Professor of Mathematicks, preferring James Gregory Fellow of the Royal Society to the place, An­no 1674.

Benefactours.

King James the 6th was Founder.

The Colledge was Built, and the Masters, and Bursars are maintained [Page 249] by the publick, and private benevo­lence of the Citizens of Edinburgh.

The Earl of Tiviot hath built se­veral convenient Chambers, being educated in this Colledge, and left Mony for the maintenance of seve­ral Bursars.

Several Citizens have built Cham­bers, and mortified considerable Sums of Mony 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 publick 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 [Page 250] Commissa [...]ies of Edinburgh, Anno 1635. since which time, it is much encreased both by Donatives from the Citizens, as also from the Schol­lars, who are more in number here, than in any other Colledge 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. VVilliam 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. VVilliam Keith D. D.

Anno 1675. Lawrence Charters.

Present Professors.

Andrew Cant, Principal.

Lawrence Charters, Professor of Divinity.

Alexander Dickson, Hebrew Pro­fessor.

Gilbert Macmurdo, Andrew Massie, 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 Ma­thematicks.

John Adamson, Principal, a man of great learning, and of very quick parts.

Alexander Hendersone, Principal [Page 253] 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 [Page 254] never would accept preferment, notwithstanding divers Bishopricks were proffered to him: He wrote di­vers pieces which are printed in English, and Ethica Christiana in Latine.

William Keith, Doctor and Pro­fessor of Divinity, a man of great Learning who had diligently stu­died both the Fathers and School-men, 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 publick ca­pacities; [Page 255] 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 g [...]eat proofs of their Learning, as any Professors in great Brittain, which is demonstrable by the great number of Graduates every year from their Universities, who are not inferiour to those of other Nations, when their Learning is questioned abroad.

The Commissioners that have represented our Kings since K. James was setled 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, Marquess of Ha­milton, Commissioner 1621.

King Charles the First.

James Hamilton, Marquess of Ha­milton, Com. 1638.

John Stewart, Earl of Traquair, Com. 1639.

James Grahame, Marquess of Mon­tross, Governour 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—
  • [Page 258]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 Lyon, 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 Lyon, 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.
  • [Page 259]1502. James Stewart, Archbishop of St. Andrews.
  • 1512. Alex. Stewart, Archbishop of St. Andrews.
  • 1518. James Beaton, Archbishop of Glasgow.
  • 1526. Gawin 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 Campbell, Earl of Argile.
  • 1575. John Lyon, Lord Glammes.
  • 1578. John Stewart, E. of Athol.
  • 1579. Coline Campbell, E. of Argile.
  • 1584. James Stewart, E. of Arran.
  • 1591. John Maitland, L. Thirlstane.
  • [Page 260]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 Campbell, 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, Arch-Deacon 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 Campbell.

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 Colledge in St. Andrews, wrote the History of the Nation.

William Elphinstone, B. of Aber­deen, wrote a Treatise of the Scottish Antiquities.

Hector Boeth or Boyes, Principal of the King's Colledge of Aberdeen, wrote the History of the Nation, till the Reign of King James the First, continued till the Reign of [Page 262] King James the Sixth, by John Fer­rerius a Piemontoise, a Monk of Pluscardy.

John Balenden, Archdeacon of Murray did translate Boyes 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 Latine 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's

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 [Page 264] all things compleatly qualified for his Imployment; 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 daies in a good old Age, and was honourably Interred in Westminster Abby, 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 Marquess 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 [Page 265] 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 alwaies 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 [Page 266] an Answer, that the several calami­ties that have happened in this An­tient 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 dispatcht to Norway, to take care of the safe conveyance of this Young Lady, the only hope the Kingdom relyed 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, [Page 267] 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 Controversie 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 [Page 268] 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, intreating 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 Dyet for the Competitors at Nor­ham upon Tweed; at which Dyet the King was present; at this meet­ing there was no decision; all the Competitors except two, to wit, John Baliol, and Robert Bruce, were ordered to cease from their claim: Of Baliol 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 Prelates Nobles, and other Commissioners, who swore to accept of him for their [Page 269] King, that would be tryed 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 Controversie 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 proceedings 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 [Page 270] 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 Baliol assisted with the Nobility, did meditate upon a Re­venge of King Edward's proceedings with him in that Juncture of Time, by forcing Baliol 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 Baliol, which was utterly rejected as unjust; he ha­ving then War with France: Upon this defection of Baliol, King Ed­ward entered into Scotland with a mighty Army, and prevailed, Baliol 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 Antient Laws of Scotland; traduced the Ecclesiastical Rites to the Forms of England; destroyed the Antient Monuments erected, either by the Romans, or their own Progenitors; bu [...]nt 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 [Page 272] 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 pub­lick Registers, Records and Rolls of the Kingdom, which lay there, till His Majesties happy Restauration; after which, by the King's Orders, they were sent down by Sea, to [Page 273] 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 Friers at the Reformation. In most Religious Houses there was a Chronicle writ­ten of the Times; some in Rithme, English and Latine; 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 [Page 274] give an account of several publick Transactions; as the Histories of the Families of the Drummonds, Gordons and Duglass's, &c. 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 Antient Historians, be­ing there are no means left to cor­rect them by.

FINIS.

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