Act, 10 May 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Holyrudehouse the tenth day of May Jaj vijc and fyve years

A1705/5/91

Act

Decreet and Act Banishing William Durham a papist

Anent the lybell and Indytement raised and persued befor his Grace her Majesties high Commissioner, and the Lords of her Majesties privie Counsell at the instance of Sir James Steuart her Majesties Advocat for her highness interest Mentioning That wher ther are severall good Lawes and Acts of parliament, made against popery and papists especiallie against popish preists, Jesuits and trafficqueing papists that they should at least be banished furth of the realme; Lykeas by the third act of the parliament 1700. It is Statute that if it shall be proven that the preist Jesuit or trafficqueing papist browght in question, was held and repute to be such, or if it shall be proven that he hes changed his name or Sirname, and goes under another name, And with one or other of these alternatives Shall refuse to purge himselfe of popery by Swearing and Subscrybing the formula Contained in the said act, Shall be Sufficient ground to the Lords of her Majesties privie Counsell to banish him furth of the realme, with certificatione that if ever he returne therto being Still papist, he shall be punished with the paine of death, Nevertheless it is of veritie that yow William Durham being seased and apprehended as Suspect to be a popish preist or traffiqueing papist, yow did not only refuse to purge yorselfe of popery by takeing and subscrybeing the forsaid formula, but also acknowledged that yow had changed yor name, and Surname and gone under other names, which yow acknowledged under yor hand and cannot deney, and yet Still refused to purge yorselfe of popery by takeing the forsaid Formula And therfor according to the warrand of the forsaid Act of parliament, yow owght to be banished furth of the realme, with certification that if ever yow returne therto being Still papist, yow Shall be punished with the paine of death, Which Sentence bearing the certification forsaid ought to be past on yow Conforme to the said act of parliament by the Lords of Privie Counsell befor whom yow are heirby Sisted to the effect forsaid, The Lybell and Indytement at the instance of Sir James Steuart her Majesties Advocat Against William Durham being called and the perseuer Compearing personallie, And the defender also Compearing personallie at the Barr, and the lybell and indytement being read, and parties heard at the barr, His Grace her Majesties high Commissioner, and the Lords of her Majesties privie Counsell haveing considered the forsaid lybell with the defenders Judiciall acknowledgement at the barr, and Signed by him, wherby he acknowledges as his answer to the forsaid Lybell, that he is a papist, And as Such does refuse the Formula prescribed by the Act of parliament i700. And that he hes changed his name and used diverse names, Have found the Indytement proven by the Confession abovementioned, And therfor have Banished and heirby Banishes the said William Durham defender furth of this kingdome not to returne wnder the pain of death, And for that effect Appoynts and ordains the Magistrats of Edinburgh, and keeper of ther Tollbooth to Sett the said William Durham at liberty furth of ther said Tollbooth, wpon his giveing bond and finding Sufficient Caution acted in the books of privie Councell wnder the penaltie of fyve thousand merks Scots money that he Shall depairt furth of this kingdome, betwixt and the tenth day of June nixt to come, And report Sufficient Certificats of his being furth of this kingdome, and of her Majesties other dominions and beyond 2 betwixt and the first day of october nixt therafter And that in the mean tyme, he Shall live peaceablie wnder and with all Submission to her Majesties Government, And Shall not act, consult nor contryve any thing to the prejudice therof, nor converse, nor correspond with any of her Majesties rebells And that under the penaltie forsaid In case he trangress any pairt of the premisses.

At Holyroodhouse 10 May 1705

A1705/5/91

Act

Decreet and act banishing William Durham a papist

Concerning the libel and indictment raised and pursued before his grace [John Campbell, duke of Argyll] her majesty’s high commissioner, and the lords of her majesty’s privy council at the instance of Sir James Stewart, her majesty’s advocate, for her highness’ interest, mentioning that where there are several good laws and acts of parliament made against popery and papists, especially against popish priests, Jesuits, and trafficking papists, that they should at least be banished forth of the realm. Likewise by the third act of the parliament 1700, it is statute that if it shall be proven that the priest, Jesuit or trafficking papist brought in question, was held and repute to be such, or if it shall be proven that he has changed his name or surname, and goes under another name, and with one or other of these alternatives shall refuse to purge himself of popery by swearing and subscribing the formula contained in the said act, shall be sufficient ground to the lords of her majesty’s privy council to banish him forth of the realm, with certification that if ever he return thereto being still papist, he shall be punished with the pain of death. Nevertheless it is of verity that you, William Durham, being seized and apprehended as suspect to be a popish priest or trafficking papist, you did not only refuse to purge yourself of popery by taking and subscribing the foresaid formula, but also acknowledged that you had changed your name and surname and gone under other names, which you acknowledged under your hand and cannot deny, and yet still refused to purge yourself of popery by taking the foresaid formula. And therefor according to the warrant of the foresaid act of parliament, you ought to be banished forth of the realm, with certification that if ever you return thereto, being still papist, you shall be punished with the pain of death. Which sentence bearing the certification foresaid ought to be past on you conform to the said act of parliament by the lords of privy council before whom you are hereby cited to the effect foresaid. The libel and indictment at the instance of Sir James Stewart, her majesty’s advocate, against William Durham being called, and the pursuer appearing personally, and the defender also appearing personally at the bar, and the libel and indictment being read, and parties heard at the bar, his grace her majesty’s high commissioner and the lords of her majesty’s privy council having considered the foresaid libel, with the defender’s judicial acknowledgement at the bar, and signed by him, whereby he acknowledges as his answer to the foresaid libel, that he is a papist, and as such does refuse the formula prescribed by the act of parliament [of] 1700, and that he has changed his name and used diverse names, have found the indictment proven by the confession abovementioned. And therefor have banished and hereby banish the said William Durham, defender, forth of this kingdom, not to return under the pain of death. And for that effect appoint and ordain the magistrates of Edinburgh and keeper of their tolbooth to sett the said William Durham at liberty forth of their said tolbooth, upon his giving bond and finding sufficient caution acted in the books of privy council under the penalty of 5,000 merks Scots money, that he shall depart forth of this kingdom between [now] and 10 June next to come, and report sufficient certificates of his being forth of this kingdom, and of her majesty’s other dominions and beyond between [now] and 1 October next thereafter. And that in the meantime he shall live peaceably under and with all submission to her majesty’s government, and shall not act, consult, nor contrive anything to the prejudice thereof, nor converse, nor correspond with any of her majesty’s rebels. And that under the penalty foresaid in case he transgress any part of the premises.

1. NRS, PC1/53, 400-1.

2. An ink blot appears here, possibly obscuring an illegible word.

1. NRS, PC1/53, 400-1.