Act, 6 October 1697, Edinburgh

Att Edinburgh the Seventyne day of Jwny J^aj vi^c nyntie Seven yeirs

D1697/6/14

D1697/6/14¹

Act

Act The presbetry of Dwmfreis

Anent the petitione given in to the Lords of his majesties privie Cownsell be The presbetry of Dwmfreise Shewing That wher the petitioners haveing applyed to ther Lordships upon twesday Last for putting the sentance of deprviatione pronunced by ther Lordships in the termes of the act of parliament in executione Against Mr John Frazer Schooll maister at Drwmfreise deposed by the said presbetries Sentance then and now prodwced with the said petitione Ther Lordships were pleased efter the reading of the foirsaid petitione to Lett the Samen fall as Supposeing that the Said Schoollmaister had upon ther applicatione to the magistrats of Drwmfreise to remove him in executione of ther Sentance Advocat the Same to the Lords of Sessione which is a mistake in point of fact Wheras the plaine caise is that the saidd Schoollmaister Stands deposed by the petitioners sentance and that they did not make any applicatione to the magistrats for executeing therof But doe now in the first instance apply to ther Lordships conforme to the act of parliament J^aj vi^c nyntie thrie yeirs to have ther Sentance made effectwall and any mentione made of the Schoollmaisters advocatione was not that he had aither from the presbetrie (the presbetrie haveing past Sentance as said is) or that he had advocat the executione of the Said Sentance from the towne to whom the presbetrie did not apply for that end but onlie to prevent a Scruple that might be Suggested to ther Lordships Because the Schooll maister feareing indeed that a proces for deprivatione might be raised befor the baillies against him had advocat from them which does not at all concerne this caise it being evident that this growndles advocatione of a process which never was cannot hinder ther Lordships to putt the petitioners Sentance in executione conforme to the act of parliament wher ther is no legall Stopp nor any hazard of interfeiring with the Lords of Sessione ther Jurisdictione And therfore humblie craveing to the effect eftermentioned As the Said petitione bears which being this day read and considered be the saids Lords of privie Counsell and ane other petitione be Mr John Frazer Schoolmaister at Drwmfreise against the Same with the haill writts mentioned therin and produced therwith They find the advocatione produced does not meet the cause and have refwise and heirby refwises the desyre of Mr John Frazers petitione and decernes and ordaines the said Mr John Frazer the Schoollmaister to flitt and remove himself from the Schooll of Drwmfreise and himself and his familie from the Schoollhouse and to desist from any furder exercise of Schoollmaister of the said bwrgh of Drwmfreise and decernes and ordaines the said Mr John Frazer Schoollmaster to delyver up the keyes of the Schooll of the Said bwrgh to the moderator of the presbetrie of Drwmfreis for the tyme being or any persone whom they Shall appoint And ordaines Letters of horneing to be direct heirupon on fifetein dayes wnder the Signet of Cownsell and others upon the premisses in forme as effeirs