a Star; which two laft Figures I find not in any Part of the Sword, unless they have formerly been on the two enamel'd Plates, which are now loft off from the Pommel. But it is certain this Pope had fuch Arms, from those Verfes made by Voltoline, a famous Italian Poet, as the fame are mentioned by Hermannus Hermes, a German Writer, who gives us thefe Lines found in a Monastery: Quercus, Mous, Stella, formant tua flemmata Princeps; Mons tegit a ventis, ftellaque monftrat iter. Of the Armorial Bearings of Scotland, Symbols, and Knights of St. Andrew. Next to the Regalia, it is proper to give a Description of the Atchievement of the Sovereigns of Scotland, and of the Reasons of that Bearing, which we shall do from Sir George Mackenzie's Heraldry, thus: Or, a Lion Rampant Gules, arm'd and langued Azure, within a double Treffe flower'd and counter-flower'd with, Flower-de-luces of the second, incircled with the Order of Scotland, compos'd of Rue and Thiftles, having the Image of St. Andrea with his Crofs on his Breaft appendent to it, and this Motto round the Image, Nemo me impune laceffet. Above the Shield, an Helmet anfwerable to the Sovereign's high Quality and Jurifdiction, a Mantle Or, faced with Ermine, adorned with an Imperial Crown; beautified with (Croffes-patee, according to Sir George, but according to the Defcription above) Croffes-floree, and Flower-de-luces furmounted on the Top for a Creft, with a Lion fejant, full-fac'd Gules; crown'd Or, holding in his dexter Paw a naked Sword proper, and in the finifter a Scepter, both erected pale-ways, fupported by two Unicorns Argent, crown'd with Imperial, and gorg'd with open Crowns, to the last Chains affix'd paffing between their Fore Legs, and reflexed over their Backs Or; he on the Dexter embracing, and bearing up a Banner of Cloth of Gold, charg'd with the Royal Arms of Scotland, and he on the Sinister another Banner Azure, charged with a St. Andrew's Crofs Argent, both ftanding on a Compartment plac'd underneath, from which ifiue two Thiftles, one towards each Side of the Efcutcheon: and for the Sovereign's Royal Motto in a Scroll above all, In Defence; and under, in the Table of the Compartment, NEMO ME IMPUNE LACESSET. By this appears either the Ignorance, or Partiality, or both, of the English Heralds, and common Painters, in not crowning the Unicorn, which fupports the King's Arms: The The Scots and foreign Hiftorians fay, that Fergus took this Lion for his Arms when he beat the Pits. Thus Hopingius, cap. 6. pag. 3. §3. tells us, Cum Picti in agros Scotorum copias primum ducerent, quibus baud minus cupide quam ftrenue obviam ivit Fergufius, fublatis fignis, & rumpendo ipforum clauftra, affumpfitque Leonem rubrum erectum, aurea facie defcriptum, cauda tergum, ut fere mos eft, dum fe ad pugnam incitat, verberans, eoque generofam iracundiam fignificans. Vid. etiam Bayerlink. Tom. 4. Theatr. Vit. Tit. figna, pag. 324. Pet. Gregor. de Republ. lib. 6. c.16. Limneus de jure publ. lib. 6. num. 86. Memen. Ord. Equit. Card. pag. 146. It is obferved by Boetius, lib. 1. Hift. cap. 7. & lib. 10. That the Crown, with which the Lion (borne as a Creft) is crowned, is Corona Vallaris, tho' our Painters crown him with an Imperial Crown; and certainly a Corona Vallaris agrees better with the breaking of the Pias Barriers, for which this Creft was firft affum'd. The double Treffure flower'd, counter-flower'd, was added by Charlemain, when he entred into a League with Achaius King of Scots, to fignify that the French Lilies fhould defend and guard the Scotif Lion. Hopingius, in the Place above quoted, fays, that Charlemain adorn'd the Crown of Scotland (being then Emperor, as well as King of France) with four Lilies, and four Croffes, as a Symbol of the Chriftian Religion, and of the inviolable Fidelity of the Scots. The Royal Badges, and ordinary Symbols of the Kingdom of Scotland, are, a Thistle of Gold crown'd, the white Crofs of St. Andrew in a blue Field, the Standard bearing St. Andrew's Cross, which, fome think, is a Badge derived from the Pics, after the Scots conquered their Kingdom; though it may more reasonably be thought, that the valiant Conqueror King Kenneth took it from the Vifion of that Saint, which appeared like a Flash of Light in an azure Firmament, fortelling him the Victory. But the Order of Thistle was erected by Achaius. The Collar of the Order is compos'd of Thiftles, interwoven with Sprigs or Leaves of Rue, all of Gold; having thereunto appendent, on a blue Rundle, the Image of St. Andrew, his Vefture of Cloth of Gold, with a white Cross of his Martyrdom on his Breast, and in a Circle environing the Figure, beautified with Pearls, this Motto, Nemo me impune laceffet. The ordinary Enfign worn by the Knights of the Order was a blew Ribbon (which Queen Anne altered into a green) to which was affixed a Thistle of Gold, crown'd with an Imperial Crown, within a Circle of Gold, and the abovesaid Motto; and the fame was alfo embroidered on their Breasts. Upon the anniversary Festival of St. Andrew, being the thirtieth of November, the Knights of the Order were to meet folemnly in the Cathedral Church of St. Andrew, during which Solemnity they were richly apparel'd in their Parliament Robes, or, I rather think, the Robes of the Order; having on their left Shoulder an azure Rundle, on which M 庭 is embroider'd St. Andrew and his Crofs Argent, environ❜d in the Centre with a Crown, beautified with Flower-de-lis, Or. Of the Privy Council of Scotland. A Society of this Nature feems coeval with Government itfelf: for, in what View foever we consider a Magistrate, Head, or Governor, whether absolute, or limited, common Prudence would direct him to take Advice, in fome Things at least, of fuch as he had a good Opinion of, and could beft confide in; and confequently, was at the Governor's own Choice, and prior to all other Courts. It may poffibly be called a Parliament in fome Respect, but I am really at a Lofs to know how our Author could fay, That it appears by the antient Acts of Parliament, that the Members of the Privy Council were named and chosen in Parliament, being an equal Number of each Eftate; they continued from Parliament to Parliament, were anfwerable to the King and Parliament for their Advice, and the King was to do nothing in publick Matters without it; and except fix of them were prefent, and their Orders figned by the King, their faid Orders were not to be obey'd. They were fworn in Prefence of the King and Eftates, to give him true and plain Counfel in all Matters that concern'd His Majesty and the Realm; but after the Union of the Crowns, King James VI. (and ift of England) alter'd this Method, limited their Number, and nam'd them all himself, tho' before that Time any Lord of Parliament, who was prefent, had a Right to come to Council without being fent for. In King Charles I's Time the Parlia ment of Scotland had their antient Power of naming the Privy Counsellors, in Conjunction with His Majefty, restored to them; but fince the Reftoration of King Charles II. the naming of them has been folely in the Crown. They confult about the publick Affairs of the Kingdom, as Peace, War, &c. and are Judges as to Riots, Tumults, and fecret Combinations, Murders, Witchcrafts, &c. and give Commiffions to other Judges. For most part People pleaded their own Causes before the Council; but in Cafe of Riots, Advocates were allowed, and in their Sentences the major Vote carried it. Caufes of great Weight were commonly referr'd by them to the Parliament. If the Lord Chancellor be prefent, he prefides in this as in all other Courts, and at other Times their own Prefident takes the Chair. Here our Author is wrong both in Law and Fact. For the Privy Council may be called the Spring of the Government, feeing all Proclamations for calling Parliaments and Conventions of the Estates were iffued by the King with Advice of the Council; and in it the Management of all State Affairs was lodged: it being the Support of the King and his Government, and upon the prudent Administration whereof the publick Honour and Welfare depended. It was conftituted by Commiffion from the King under the Great Seal, but he could remove or add by a Letter under his Sign Manual and herein the Great Officers of State were Members by Virtue of their Office; and if neither the Lord High Chancellor nor Lord Prefident was prefent, the Members, whereof Nine made a Quorum, elected a Præfes pro tempore. This Court had its own Signet and Seal, and two principal Clerks, befides Macers, and other Officers. The Power of this Court was far more extensive of old, than it was after the Union of the Crowns. It formerly, in many Cafes, judged in Matters. of Right, but afterwards judged feldom in any Cafe but Matters of Fact; except after the Revolu tion, when it inhibited the Judges to determine about the Stipends due to the Rabbled Ministers. True indeed, it tried Riots and Tumults, but gave no Commiffions to ordinary Judges. It tried no Murders, nor Witchcrafts, nor any Crimes, where a Jury was required in Law; but took Precognition of Treasons, and fome other Crimes, which thereafter came before the Jufticiary, if it seemed needful. Its great Work confifted in taking Care of the Peace and Welfare of the Kingdom, as to the publick Government; in fuppreffing Rebellions, in punishing Tumults, and notorious. Breaches of the Peace; in Order to which, any Privy Counsellor might grant a Warrant to apprehend any Subject, and imprifon him; but still he was accountable for fo doing. It could also reprieve Perfons under Sentence of Death, mitigate and alter inferior Punishments, raife the Militia, grant Commiffions of Fire and Sword, and in cafe of open Rebellion, grant Commiffions of Lieutenandry and Jufticiary, and order the Advancing of Money out of the Treafury, requifite in such Emergencies; it could adjourn the Seffion, or any other Court, and affign the Times and Places where they fhould fit. This Court raised or lowered the Value of Money: could impofe moderate Fines or Tolls at Bridges and Ferries. It could fequeftrate Pupils, and allow Alimony to them, and alfo to Wives who were feverely used by their Husbands; with many fuch Things as required immediate Relief, and could not admit of fuch Delays as are used before other Courts in proper Form. And of old, they ordered even Noblemen, as well as others, who could not eafily be apprehended by Captions for Civil Debts, to deliver themselves up into any of the King's Caftles, under pain of Treafon. The Explication of Acts of Parliament, and the prefcribing Methods for putting them in Execution (not otherways provided for in the Statutes) was ufually remitted by the King to this Court, who by the Conftitution was the Expounder of the Law. All their Proclamations, and Acts and Orders founded upon Law, were binding on the Subject; and when the publick Safety was in Hazard, on any fudden Emergency, the King and Privy Council might ufe a Latitude of Power suitable to the Occafion, for fpeedy Redress. It could bring People to Torture, who would not in treasonable Cafes declare, what there was great Prefumption to believe they knew, which was also practifed in the Cafe of one even fince the Revolution. It alfo ejected a great many of the Epifcopal Clergy, who, though they (being beloved in their Parishes) efcaped the Fury of the Western Rabble, yet had not read the Proclamation, and prayed for King William and Queen Mary, which some of them were obliged to do on fuch a fhort Warning, as may be reduced to a few Hours; and the Profits of fuch Benefices as were at the Prefentation of the King, or any Bishop, were difpofed of by the Council to fuch Perfons as they thought fit, for feveral Years, whether they were Minifters or not. And as the Power, Honour, and Burthen of the Office of a Privy Counsellor were great; fo it was Death by Law to invade or pursue them for doing the King's Service. This Court was not fuppreffed by the Articles of Union, but was referred to the British Parliament, wherein it was intirely abolished. The Officers of State are, Archibald Earl of Ila, Keeper of the Seal, used in place of the Great Seal, Salary 3000 l. per Annum. James Duke of Athol, Lord Privy Seal, Salary 2000 1. per Annnum. Charles Earl of Selkirk, Lord Regifter, Salary 1200 1. per Annum. Charles Erskine, Efq; Lord Advocate, Salary 1000 l. per Annum. Mr. Andrew Fletcher of Milton, Lord Juftice Clerk, Salary 400 1. per Annum. It will not be improper to infert here William Grant, His Majefty's Solicitor, though no Officer of State, Salary 400 1. per Annum. Sir George Mackenzie, in his Book of Precedency, takes notice of a Diftinction betwixt the Officers of the Crown and Officers of State. The Officers of the Crown had their Defignation from the Kingdom, as Conftabularius Scotia, &c. and in King Malcolm II's Parliament were ranked thus: the Chancellor, the Juftice General, the Chamberlain, the Steward, the Constable, and |