Part II. The Officers of State before the late Union were in Number Eight whereof Four were called the Great, and Four the Leffer Officers of State. The Four Great Officers of The Lord High Chancellor. The Lord Secretary. 1 The Four Leffer Officers of The Lord Regifter. The laft Three did often contend for the Precedency, but they were fo ranked in the Rolls of Parliament. All these Officers of State were appointed by the King, by Commiffions under the Great Seal; and even fince the Union, the L. PrivySeal, L. Regifter, L. Advocate, and L. Juftice-Clerk do continue; and in the Scottish Records are fometimes called Officers of the Crown, But there were Officers of the Crown, fuch as the High-Chamberlain, Conftable, Admiral, and Marshal, who were not Officers of State, and had no Intereft to Sit and Vote in any Publick Meetings by vertue of their Office. Of old, the Comptroller and Master of Requeft were reckoned amongst the Officers of State, but of late times the Office of the first was joyned with the Thefaurer, as that of the laft with the Se cretary, Loze-Chancellor.] The firft Officer of State was the Lord High-Chancellor, who by vertue of his Office was President of all Courts whereof he was a Member, except the Exchequer, when the Thefaurer was present. This Office was a Place of great Truft and Honour, for the Chancellor took Place next to the Princes of the Blood: He was Keeper of the Great Seal of the Kingdom, upon which was engraven the King's Image on Horfeback, and on the Reverse the Royal Arms. He had always attending him two Gentlemen, who rode in the Coach with him, and walk'd Bareheaded before him, that bore the Badges of his Office: The first Attendant who walked next him, carried a large Crimson Velvet Purse, having the Royal Arms in very rich Embroidery of Gold and Silver, and from thence was called the Purse-bearer. The Second, who carried a large maffy Silver Mace finely gilded, and from thence was called Mac-bearer. And both thefe had confiderable Allowances for their Fees. The Chancellor had the Power of Calling and Adjourning the Diets of Privy-Council, and in the Interval of an Adjournment, if Occation required, could convene the PrivyCouncil. Sometimes this Office was granted during Life, fometimes only during Pleasure. This Honourable Office was of late enjoy'd by the Earl of Seafield, who before the Union was Keeper of the Great Seal; but now the Seal, which fince the Union comes in Place of the Great Seal, is at prefent kept by the Earl of Lowdown. The The Great Seal, whereof the Lord Chancellor was Keeper, being only appended to fuch Writs as were dispatch'd and register'd at the Chancellary, it may not be improper to give a fhort View thereof. Of old, the Dues of this Office belonged to the Chancellor, and the Director of Chancellary was his Clerk, but now the Director is appointed by the King, and has his Commiffion under the Great Seal, and a Right to the Profits of the Office. The Director and his Deputes cause to be writ and register'd all Charters, Patents of Dignities, Gifts of Offices, Remiffions, Legitimations, Birthbrieves, Presentations, Commiffions for Brieves, Retours, Precepts thereon, and all other Writs of whatsoever Nature and Quality, the fame which by LawS Custom, or Warrant of the King, are appointed to pass the Great Seal or Teftimonial thereof, commonly called the Quarter-Seal. The Director has the Cuftody of this Quarter Seal, and appends it to fuch Writs which pass under it. In all Writs extended in the Chancellary, the Director and his Deputes do obferve a certain Formula, which they keep in Record by them, and is called the Order of the Chancellary. Lord Chelaurer.] The Second Officer of State was the Lord High Thefaurer, Comptroller, Collector, and Receiver-General, which was an Office of great Honour and Profit. He took Place of all the Nobility, and, as the Badge of his Office, carried a white Rod in his Hand, and had a Mace carry'd before him, and was President of the Exchequer, tho' the Chancellor were present. But this Office, as well as that of the Chancellor, being fince the Union vefted in those Great Officers that bear the Title of Lord High Chancellor, and Lord High Treasurer of Great Britain, we beg Leave to refer the Reader to what has been faid already on thofe Heads in our laft Edition, of the State of Scotland, and in the prefent of England. Lozd Privy-Seal.] The Third Office of State was the Lord Privy-Seal: He is ranked before the Nobility, next and immediately after the Prefident of the Privy-Council; He has the Cuftody of the Privy-Seal, which is appended to all Charters that pass the Great Seal; for the Precept that paffes the Privy-Seal is the Warrant for the Great Seal. The Privy-Seal is alfo appended to Seal-Writings which pafs no other Seals, fuch as Gifts of Efcheat, Ward, Non-entry, Marriages, and of feveral Offices. As the Director of the Chancery writes and extends all Writs that país under the Great-Seal, fo there is alfo one commiffionated by the King, to be Writer and Clerk to the Privy-Seal, who writes and regifters all Writs that pass that Seal; of old they were not register'd till after Sealing, but now they are regifter'd before Sealing. LoD Secretary.] The Fourth Officer of State was the Lord Secretary, who took Place of all of his own Rank, that is, if he was Duke, of all Dukes; if Marquis, of all Marquiffes, and foforth; and whatever bis Quality were, he took Place of the Four leffer Officers of State. Part II. Lord Register.] The Fifth Officer of State was the Lord Regifter, who is Clerk to the Parliament, Convention, Thefaury, Exchequer and Seffion, and Keeper of all the publick Records, Regifters and Rolls. He hath Power to conftitute Deputies in all thefe Offices; and likewife has the Power of appointing Clerks for Regiftration of Seafines and Admiffions of Nottars. All which being lucrative Offices, he receives large Compofitions when any Vacancy falls for albeit he has only his own Office during the King's Pleasure, yet he has Power to grant Deputations during Life. All the Clerks of Scotland are appointed to tranfmit the Regifters of their respective Courts to this Regifter, and the Notars their Prothocols. All the Regifters are kept in Two lower Rooms in the Parliament-Houfe, where the Register keeps fome under him, daily attending; and the Records are fo orderly difpofed, that upon Demand, the Liedges can have a View of any Writs which the Law requires neceffarily to be regifter'd, or which Parties for their Security have thought fit. to record; and may alfo bave Extracts, which is of anexpreffible Advantage to the Leidges for Security of their Eftates. Lord Advocate.] The Sixth Officer of State was the Lord Advocate; he is always a Perfon chofen by the King, moft eminent for Eloquence and Knowledge of the Laws, for to him belongs the giving the King and his Minifters Advice in making and executing Laws; he is to defend the King's Right and Intereft in all publick Meetings by Law and Reafon. He is the Purfuer of all Capital Crimes before the Jufticiary, and likewife concurs in all Purfuits before Sovereign Courts for Breaches of the Peace; and alfo in all Matters Civil, wherein the King or his Donator has Intereft. But he intents no Proceffes of Treafon, except by Warrant of Privy-Council. As this Charge is of great Weight and Burden, fo none have been advanced thereto but Perfons of fingular Endowments, and who are in great Efteem. The Lord Advocate is fometimes alfo an ordinary Lord of the Seffion; and there he only pleads in the King's Caufes: But when he is not Judge, he has liberty to plead in all Causes, and has a Seat appointed for him within the Bar. In former times when the Lords advised with close Doors, the Lord Advocate was called to be prefent when he was not employ'd in the Cause. And he pleads cover'd, whereas all other Advocates plead uncover'd. The King alfo nominates an eminent Lawyer of two for his Solicitors, who take care of the difpatching and transmitting of the King or Council's Orders through the Kingdom; and are affiftant to the Advocate in the King's Concerns, and Proceffer, and Affairs, in Abfence of the Advocate, Loid Chelaurer-Depute.] The Seventh Officer of State was the Lord Thefaurer-Depute, whofe Commiflion ran in the fame Terms with that given to the Thefaurer-Principal, or to the Commiffioners of Thefaury: His Office was chiefly to be a Check upon them; and in Abfence of the Thefaurer and Lord Chancellor, he claimed to be Prefident of the Exchequer, Lord Justice-Clerk.] The Eighth Officer of State was the Lord Jufiice Clerk; he is the Second Perfon in the Juftice Court, being next to the Juftice General, but now he is one of the Officers of State, tho the Juftice General be none. The Officers of the Crown, befides thofe of State, before the Union, were, Beldent.]THE Lord Prefident of the Council took Place next to the Chancellor, and had a Penfion. Under whom were, Collectors-General. Director of the Chancery, an ancient and honourable Office, and had the Emolument belonging to it; and the Director of the Rolls. Chamberlain.] The Lord High Chamberlain, Camerarius Domini Regis, was in all the old Writers placed as Witness before all the other Officers, next to the Chancellor : This Office of Chamberlainry was poffeffed heritably of late by the Dukes of Lenox; and the Badge was a Golden Key. Steward.] The Lord High Steward of Scotland, Seneschallus Do mini Regis, was a very ancient Officer, and in the old Charters, placed before the Conftable and Marefchal; and it appears that he was also Steward of the King's Houfhold, and performed all the Offices thereunto belonging, as well as to the other; for fome Ages the Prince of Scotland was Seneschallus natus Scotia, born Stuart of Scotland. Conftable.] The Lord High Conftable took no Place as an Officer of the Crown, but according to his Creation in the Degrees of Nobility. This Office has been but in few Families: The Morvils enjoy'd it under King David 1. and his Grand-Children, King Malcolm and King William. From them it came by Defcent to the Lords of Galloway; and from them in the fame manner to John Baliol. By King Robert Bruce it was bestowed upon Sir Gilbert Hay of Errol, whofe Hereditary Succeffor was Charles Earl of Errol, High Conftable of Scosland at the Time of the Union. Its Badge was a naked Sword. Sir George Mackenzie thinks, that the Reason why the Offices of Conftable and Marefchal bave not rifen in their Precedency proportionably with other Officers, is becaufe of late the Scotch Armies have been commanded by other Officers, and there was little Ufe of the Constable or Marshal. Marefchal.] The Lord Marefchal took no Place by vertue of his Office, but according to his Precedency in the Degrees of Nobility; the Reason whereof was, because of old Offices did not prefer those who poffeffed them, but they took Place according to their Creation; whereas now the Privy-Seal precedes all Dukes, and the Secretary took Place before all of his own Rank; but the Conftable and Marefchal being now the only Two Officers of the Crown that were Heritable in Scotland, continue to poffefs them as they did for merly. Part II. merly. The Office of Lord Marefchal was always in the Family of Keith, and the Axe was the Badge of his Office... Thefe two laft Officers before the Union exercised their jurisdiction, and kept their Guards in Edinburgh and the Parliament House, in the Time of the Meeting of the General States of Parliament or Convention, and were attended by The Heritable Usher,, The Sword Bearer, Before the King or his In our first Edition of the State of Great Britain, we treated largely of the Scottish Parliament, Convention of States, Privy-Council, &c. all which being extinguifhed by the Treaty of Union, or fubfequent Acts of the British Parliament, we fhall take no further Notice of them. CHAP. V. Of Particular Governments, and firft of the Ecclefiaftical Civil and Military Government of the King's Houfhold in Scotland. And first of the Ecclefiaftical Government of his Majesty's Court, &c. HE Firft Ecclefiaftical Officer of the King's Houfhold, is TH I the imoner.] Who takes care of the King's Poor, to catechise and inftruct them. The Number of which is according to the Years of the King's Age. And as their Badge they wear a blue Gown, which is given them Yearly on His Majesty's Birth-day, with as many Pence as His Majefty has lived Years. And on his Birth-day the Almoner diftributes Money alfo among the common Poor. Chaplains.] The Chaplains are named out of the Established Clergy. They are Two of them, who are to wait by Turns when the King is in Scotland. Of the Civil Government of the King's Court. Lord Steward of the King's Houthold.] The Lord Steward of the King's Houthold was the fame Officer, who was otherwise called Lord High Steward of Scotland: His was a Heritable Office belonging of right to the King's Eldest Son, the Prince of Scotland, under whom were anciently placed the Panetarius, who commanded |