Act, 12 March 1705, Edinburgh

Att Edinburgh the Twentie third day of January J^aj vij^c and fyve yeirs

A1705/1/19

A1705/1/19¹

Act

Act In favours of the Commissioners of the Presbetrie of Hadingtoun

Anent the petition given in and presented to the Lords of her Majesties privie Counsell By the Commissioners of the presbetrie of Hadingtoun, Shewing that wher the petitioners did in Apryll J^aj vij^c and three, apply to the saids Lords upon the accompt of ane unhappie division in the parish of Hadingtoun, Considering that ther Lordships would be pleased to discharge any to Interloquitor with or disturb the kirk Session ther lawfull elected and confirmed by the acts of parliament In the exercise of discipline and government compleat to them, Wherupon the saids Lords wer pleased to pronounce ane act for the interim to prevent confusion, And for preserving the peace of the place, Appoynting the elders of the said Legall Session to Collect the offerings at the Church door of the burgh and parish at and for such dyets when any Minister appoynted by the presbetrie Should preach, And appoynting the Eldershipe which served with Mr Dumbar (to which our petition related) to collect for Such dyets wheron the said Mr Dumbar Should preach; Sinse that tyme Mr John Currie hath been called by consent of the heretors, Magistrats and Elders, and hes been transported and Setled by authority of the Generall Assembli Minister of that parish In place of the deceast Mr Feirman But in the mean tyme ther being two Elderships in that parish, It occasions very great confusions and disorders, And is utterly inconsistant with discipline and presbiterian Government, And the Setleing therof in this Church particularly Act 5th parliament i690. And Act 22d parliament 1695. Wherby it is evident that the only lawfull eldershipe in the Church Is that which is Subject to and authorized by the presbetrie of the bounds, Which disorders and confusions Still continue Notwithstanding of Severall overtures made for the removeall therof and now in the Clerks hands And Seeing her Majestie hes been graciously pleased to take this nationall Church into her Royall Speciall protection, And that the execution of the publict Laws concerning the Church doth in a particular maner belong to the most honourable the privie Counsell, And therfor craving it might please ther lordships to discharge the former kirk session to interfeir or medle in the discipline and Government of that parish, And to ordaine the books and outensills belonging to the Church and the Session of the said parish, to be delyvered up to the Legall Session (as hes been done in the lyke cases) and to give such further directions in this matter, As yor lordships in your great wisdeom and prudence Shall sett meet for advanceing of truth, pietie, peace and good order in the said parish, as the said petition bears, The Lords of her Majesties privie Counsell having upon the eighteint day of January instant Considered the within Petition given in to them by the Commissioners of the presbetrie of Hadingtoun and the Samen being read in ther presence The Saids Lords doe heirby Appoynt and Ordaine Intimation to be made to Mr George Dumbar Minister at Hadingtoun, And the elders serveing with him that the Samen may be seen and and² answered Tuesday nixt peremptorie, And the said petition being Intimat accordingly, the said Mr George Dumbar gave in the following answers therto Viz It was humbly represented to the saids Lords that the said Mr Dumbar is continued in the exercise of his Ministrie by vertue of ane Act of parliament affoording protection to Episcopall Ministers upon termes therin contained, To which the said Mr Dumbar hath given obedience, And it is conceaved that this protection will extend to all the pairts of his Ministrie, without exclusion of one pairt and reservation of another, And therfor that discipline will be reserved to him als weell as the preaching of the Gospell, And the said Mr Dumbar is so great a lover of peace that he hes been willing to goe into all measurs for preserving and promotting the Same, So as to be willing to be the hearer of Mr Currie upon condition Mr Currie would be his hearer, which was refused, And cannot but appear to yor lordships to be a sure mean of obstructing that peace and harmonie in the parish that they pretend to persue for, Wheras wer that charitable yeilding on his pairt by which the Sense of differance might be taken away, It would prove a mein for a more happie Union, which otherwayes cannot reasonably be expected And Seeing Mr Dumbar hes expressed So much forwardness in establishing peace in the parish of Hadingtoun, It was humbly expected that the saids Lords authoritie would be Interposed for him that he may enjoy the Royall protection In the exercise of his Ministrie, According to the Act of parliament provyded on that pairt, The Lords of her Majesties privie Counsell haveing this day considered the petition given in to them by the Commissioners of the presbetrie of Hadingtoun, Together with answers therto by Mr George Dumbar one of the Ministers of Hadingtoun, And the Samen being read in ther presence, The Saids Lords have prohibite and discharged, and heirby prohibites and discharges the former kirk session, which serves with the said Mr Dumbar to Interfeir or medle in the discipline and government of the said parish of Hadingtoun, And have appoynted and ordained, and heirby Appoynts and Ordains the books and outensills belonging to the Church and the Session of the said parish, to be delyvered up to the said Mr John Currie, and the kirk Session legally Setled and Serving with him.