Act, 20 March 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/291

Act

Act and proclamation anent Intruders into Churches

The Lords of her Majesties privie Counsell haveing taken to their Serious consideration a representation made to them by the Commission of the late Generall Assembly of the Church, and in the name, and by the warrand of the said Assembly, Off Severall Church irregularities and disorders, as particularly, That wher Churches happine to vaik by death or otherwayes, The keyes thereof are withdrawen by disaffected persons, and the presbetrie of the bounds refused or hindered to have access thereto, Notwithstanding of the frequent orders and acts made for remedy of these abuses; Secondly That persons haveing no authority from or within this Church, but pretending warrand from the late exaucterat Bishops, Doe take upon them to preach, and exerce other acts of the Ministeriall function contrary to all good order, And to perpetuat ane unhappie Schisme; And Thirdly, wher Intruders are removed from Kirk or parishes parishes by Sentence of the Lords of Councell for ther Intrustion, yet for elideing of the said Sentence, They doe either remove only to the border of the neighbouring parish, and ther continue to exerce, or otherwayes Intrude elswher, as if no Sentence had past against them, The Saids Lords of Privie Councell for remedy of the Saids abuses, Doe therfor in the first place in prosecution And for the more effectuall execution of the Acts of parliament and Privie Councell made for that effect, Requyre and Command all Shirreffs and ther deputs, and all other Magistrats and officers of the law, within whose bounds any Church is or Shall happine to be vaccant that wpon application made to them by the presbetrie of the bounds, or any in ther name, They make and cause make the Samen patent to the presbetrie; and delyver or cause delyver to the said2 presbetrie, or any haveing ther warrand either the usuall keyes of the said Church, or new keyes in place of the former usuall keyes abstracted and withdrawen, wherby the Church may be made freely patent, and that within the Space of fyftein dayes after they Shall be requyred therto by forme of Instrument taken against them personallie for that effect, with certification that if they refuse to make or cause make the said Church patent to the presbetrie in maner forsaid within the said Space of fyfteine dayes, Letters Shall be direct at the instance of the Kirk Agent by delyverance of privie Councell Summarly Against them chargeing them therto Simpliciter within the Space of Ten dayes, And the Saids Lords of Privie Councell Doe heirby order and warrand the forsaids Letters to be direct Conforme to the said certification, And that without prejudice of the pains contained in the said act of parliament Jaj vic nyntie eight against the saids shirreffs and others who Shall refuse to obtemper the terms of the said act: And in the nixt place the saids Lords of Privie Councell, Doe heirby expressly Prohibite and Discharge all persons who weather had nor have any authoritie from or3 within this Church, But pretend allenerly to a warrand or licence from the late Exautorat Bishops, Since they wer exauctorat, To take upon them to preach or exerce any pairt of the Ministeriall function within this Church, or within any Kirk or parish therof, Certifieing Such as Shall presume to preach or exercise in the contrary, without being duly ~~exerci~~authorised and qualified according to law, They Shall not only be lyable upon due Information to be Summarly Seased, and Secured by the Magistrats of the Bounds In order to ther tryall, And which Magistrats are heirby authorised to Sease them accordingly, But also that upon due tryall, They Shall be banished by Sentence of the Lords of Privie Councell furth of the kingdome Conforme to the act of parliament Jaj vic nyntie three; And farder the late Bishops exautorat, as said is, are heirby discharged to grant any Such warrand or Licence, As they will be answerable upon their highest perrill And Thirdly, The Saids Lords of Privie Councell Doe heirby Declaire and Certifie that if any Minister or preacher either depryved by Sentence of Privie Councell, or not qualified according to law, and Shall be removed from any Church or parish as ane Intruder by Sentence of the Saids Lords, Shall be found again transgressing by Intrudeing into any other Kirk or parish Contrary to the act of parliament Jaj vic nyntie fyve, Made against Intruders into Churches without a legall Call and admission therto, He Shall not only be Summarly Seased and Secured upon due Information by the Magistrat of the bounds to answer for his transgression, and which Magistrats are heirby authorised to Sease him accordingly, But also after due conviction he Shall be banished furth of the Kingdome Conforme to the saids acts of parliament; And the Lords of her Majesties Privie Councell Doe heirby ordaine these presents to be printed and published at the mercat Cross of Edinburgh, And all other places needfull that non pretend ignorance.

At Edinburgh 20 March 1706. Council called extraordinarily

A1706/3/291

Act

Act and proclamation concerning intruders into churches

The lords of her majesty’s privy council having taken to their serious consideration a representation made to them by the commission of the late general assembly of the Church, and in the name, and by the warrant of the said assembly, of several church irregularities and disorders, as particularly, that where churches happen to become vacant by death or otherwise, the keys thereof are withdrawn by disaffected persons, and the presbytery of the bounds refused or hindered to have access thereto, notwithstanding of the frequent orders and acts made for remedy of these abuses. Secondly, that persons having no authority from or within this Church, but pretending warrant from the late ejected bishops, do take upon them to preach, and exercise other acts of the ministerial function contrary to all good order, and to perpetuate an unhappy schism. And thirdly, where intruders are removed from kirks or parishes by sentence of the lords of council for their intrusion, yet for avoiding of the said sentence, they do either remove only to the border of the neighbouring parish, and there continue to exercise, or otherwise intrude elsewhere, as if no sentence had passed against them. The said lords of privy council for remedy of the said abuses, do therefor in the first place in prosecution and for the more effectual execution of the acts of parliament and privy council made for that effect, require and command all sheriffs and their deputes, and all other magistrates and officers of the law within whose bounds any church is or shall happen to be vacant, that upon application made to them by the presbytery of the bounds, or any in their name, they make and cause make the same patent to the presbytery, and deliver or cause deliver to the said presbytery, or any having their warrant, either the usual keys of the said church, or new keys in place of the former usual keys abstracted and withdrawn, whereby the church may be made freely patent, and that within the space of fifteen days after they shall be required thereto by form of instrument taken against them personally for that effect, with certification that if they refuse to make or cause make the said church patent to the presbytery in manner foresaid within the said space of fifteen days, letters shall be directed at the instance of the Kirk agent by deliverance of privy council summarily against them, charging them thereto simpliciter within the space of ten days. And the said lords of privy council do hereby order and warrant the foresaid letters to be directed conform to the said certification, and that without prejudice of the pains contained in the said act of parliament [of] 1698 against the said sheriffs and others who shall refuse to obey the terms of the said act. And in the next place, the said lords of privy council do hereby expressly prohibit and discharge all persons who neither had nor have any authority from or within this Church, but pretend only to a warrant or licence from the late ejected bishops, since they were ejected, to take upon them to preach or exercise any part of the ministerial function within this Church, or within any kirk or parish thereof, certifying such as shall presume to preach or exercise in the contrary, without being duly authorised and qualified according to law, they shall not only be liable upon due information to be summarily seized and secured by the magistrates of the bounds in order to their trial, and which magistrates are hereby authorised to seize them accordingly, but also that upon due trial, they shall be banished by sentence of the lords of privy council forth of the kingdom, conform to the act of parliament [of] 1693. And further, the late bishops ejected as said is are hereby discharged to grant any such warrant or licence, as they will be answerable upon their highest peril. And thirdly, the said lords of privy council do hereby declare and certify that if any minister or preacher either deprived by sentence of privy council or not qualified according to law, and shall be removed from any church or parish as an intruder by sentence of the said lords, shall be found again transgressing by intruding into any other kirk or parish contrary to the act of parliament [of] 1695, made against intruders into churches without a legal call and admission thereto, he shall not only be summarily seized and secured upon due information by the magistrate of the bounds to answer for his transgression, and which magistrates are hereby authorised to seize him accordingly, but also after due conviction he shall be banished forth of the kingdom, conform to the said acts of parliament. And the lords of her majesty’s privy council do hereby ordain these present to be printed and published at the mercat cross of Edinburgh and all other places needful that none pretend ignorance.

1. NRS, PC1/53, 459-60.

2. Insertion.

3. The word ‘from or’ are an insertion.

1. NRS, PC1/53, 459-60.