Act, 12 March 1705, Edinburgh

Att Holyrudehouse the tenth day of May J^aj vij^c and fyve years

A1705/5/9

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.