Act, 27 December 1694, Edinburgh

Edinburgh Thursday 6 September 1694

A1694/9/16

A1694/9/16¹

Act

Act anent Illegall ministers and Church Disorders upon the Committee of the Generall Assemblies Representation

Anent the Representation made to the Lords of his Majesties privy Council By the Committee of the Generall Assembly for the North Shewing, That where the last Generall Assembly of this Nationall Church did Grant Commission to a Competent number of ministers and Elders for visiting the North Impouering them to purge and plant Churches on the north syd of the River of Tay, and to doe and determin in severall other matters according to the tennor of their Commission which was drawen up and adjusted to the satisfaction of their Majesties Comissioner present in the Assembly, in all poynts. Conforme wherunto we have made a progress thorow the north, and in all our actings, which were sincerly designed for the advancement of the Gospell and the quiet of this Church, for the promotting of their Majesties Interest and the publick peace, keipt within the bounds prescrybed to us, yet the Refractoriness of severall persons Justly Censured by us, with some other occurents wherin we Conceive the authoritie of their Majesties Lawes and government asweill as of that of the Church to be deeply Concerned, Doe obleidge us to lay befor your Lordships The particulars following. 1o/² That notwithstanding severall ministers have after gross and uncontraverted Scandells objected and proven against them, been sencured with deposition, yet they presume to preach and Exercise their Ministerial function in Contempt of all authoritie both civill and Ecclesiastick, such as Mr George Grahame late Incumbent at Innerarity Deposed for habituall drunkenness aggravated with most Scandellous circumstances, Mr John Lessly at Rothis deposed for habituall swearing, profane and obscien Discourses and actions for supin negligence, sordid usury and breach of the Sabbath, Mr Thomas Rae at Dundurkasse Deposed for habitual swearing and horid cursing and Imprecationes, Mr James Smith at Killimure Wester for habituall drunkenness supin Negligence and malicious stirring up of Variance and strife amongst his Pariochiners and neighbors.
2o/³ That tho upon exact tryall, It was found that severall ministers and preachers had Introuded into Churches Vacant, not only against good order, But to the hinderance of the and Regular planting of the saids Churches, and therfor were discharged to preach any more there untill orderly admitted, yet they continow to preach still in Contempt of the Sentances past against them, such as Mr James Gordon younger at Foveraine and others, quhich contempt ought so much the more to be noticed by your Lordships that now throw the care of this Commission who have taken in thretin dissenting ministers to the presbyterian ministers formerly in these bounds, presbiteries are duely established within convenient precincts, so as Churches Vacant in these partes may upon ane easie application be regularly provided. 3tio/⁴ The severall ministers deprived by your Lordships for their disafection, Doe never the less contrary to your Lordships Sentence and to the Act of Parliament 1690, wherby they are ordained first to qualifie themselves in the terms of the said Act, Continow to preach in Vacant and other Churches in contempt of the said Act, Such as Mr John Matters late Incumbent at Ceres, Invaiding himself upon the Kirk of Eliot, Doctor John Nicolsone late at Erroll, Mr William Rattray late at Cargill, Mr David Andersone late at Perth, all intruding upon Kilspindie, and presuming to preach ther and other places, and others Ministers. 4o/⁵ That notwithstanding of the abolition of prelacy and the settling of presbiterian Government in this Church, yet severall persones have receaved orders from some of the Late Bishopes, and therupon usurp the ministeriall function and Intrud into Churches, such as Mr […] Auchterlonie. 5o/⁶ That notwithstanding that our Commission was Legally givin and authorized by the Generall Assembly of this Nationall Church Established by law and Countenanced by their Majesties high Commissioner, yet at Aberdeen Twelve Ministers wherof one only was Cited befor us, took the boldness to give in a paper under the tittle of Queries, plainly questioning, not only our authority But the authoritie of the law, wherby the Government of this Church is settled, and tho they got a very moderat and rationall answer, yet they protested against us and appealled from the Commission, and that in name of the wholl ministers be North Tey, Tho they showed no warrand from them, And further they appealled to their Majesties protection albeit never so much as Cited as said is, And that they themselves have not so much as taken the Oath of Alledgiance to Intitle them To this protection. So that the Contryvance was Evidently factious to stirr up and animate all such as are dissafected against the Government both civill and Ecclesiastick, And thus at Invernes⁷ fourtein other ministers did officiously give in a paper of adherance to the Aberdeen paper, and made their protest and appeall in a ruder maner.
6o/⁸ That when the Commitie did summond witnesses particularly against Mr […] Abercrumie in Tarlen, a person in favors throw all that Country, by reason of his scandelous and flagitious life, yet the wittnesses were keipt back, which may be of bad Example, unles your Lordships prescryve some compulsary method to prevent the lik in tyme. 7o/⁹ That notwithstanding that presbiterian Government is settled by act of parliament and the Exercise therof Lodged in the hands only of the ministers and Elders therin set doun, yet many of the Episcopall Clergie in the North doe usurpe Ecclesiastick authority and keep their oun meetings, wher they License preachers,¹⁰ order the admission of ministers, supply Vacancies and doe other acts of order and disciplin contrary to Law and the Establishing of a schisme in this Church, and to the visible prejudice of their Majesties interest. 8o/¹¹ That the havers of severall Vacant Churches, did refuse to make them furthcoming to the Committy, which is both against law and your Lordships frequent acts and Orders, and thus the Keys of the Kirks both of Eliot and Killspindy were refused by […] havers therof. 9o/¹² That tho in all Churches where the worshipe of God is performed, Ther ought to be no disorderly Interuption upon any pretence whatsomever, yet in the Church of Old Aberdeen severall insolent persons have presumed to interupt the worship of God, By offering at their oun hands another peece of worship most unseasonably to the manifest prophanation of the publick worship and the great disturbance of the Congregation who gave no Complyance to the said disorder, which being manifestly factious in all probability fomented by persons disafected, doth not only occasion great Scandall, but is very like to grow to a higher degree of Insolence, if not tymously restrained. And Seeing that the happie Success that we have had throw the blessing of God in these partes by taking in and gaineing a good Number of ministers, and disposing others to follow their Example , and by Recomending our moderation to all the weill affected in these partes and the settling of severall Churches and presbetries to the great benefit of the Gospell and the advancing of their Majesties Interest doth in a maner wholly depend upon your Lordships interposing in the premisses and giving unto the Church and its authority that Countenance and assistance which the Law ordaines and your Lordships know to be so necessary. And therfor humbly craving that the saids Lords would be pleased to take the premises to there serious consideration and to apply such dew remedies to the abovenamed Evills as the Law allows and their Lordships shall find most proper, Specially since they¹³ can confidently aver that any opposition or discountenance they might meet with in these partes was only from persons notourly disafected to their Majesties Government and principally on that Account, and that wherever Ministers partakers of the present Church Government are setled in the North or have access to preach in these bounds, ther is a sensible growing of affection amongst the people to the civill as well as to the Ecclesiastick Government. Which representation being this day read in presence of the saids Lords of his Majesties privy Council and they having Considered the same, together with the report made to them be the Committy of the Generall assembly for the north, Together with a report of a Committy of their oun Number appointed to Consider the said representation and severall articles therof They as to the first article of the said representatione anent Ministers deposed for scandalls, Doe herby authorise and appoynt their Clerks of Council upon productions of the sentances of depositione pronounced by the said Committee of the Generall assemblie against these ministers to give out Letters of horning summarlie at the instance of the Agent for the kirk against the persones named in the saids sentances, Charging them Instantly to remove themselves from the saids Churches from which they are deposed And like wayes remove themselves wives bairnes etc from the manses and Gleibs, and that betuixt and the feast and term of mertimes nixt to come, And upon return of the hornings dewly registrat appoints them to give out Letters of Ejectione or Caption as shall be desired. And as to the second Article of the said representatione anent Intruders, Albeit upon the sentence of the said Commission or Committie declaring the Intrusion and ordering the Intruder to desist, The same Executione be Competent in law, as upon the forsaid sentence of depositione, yet the saids Lords waveing summar ¹⁴ Charging at this tyme, Doe herby recomend to Sir James Steuart their Majesties Advocat to persue and cite these Intruders befor the Council, Calling the number of six at a tyme, That the Council may cause put the forsaid sentence of the Commission to effectuall Execution as accords. As to the third Article anent ministers depryved by the Councill and not qualified, and yet continowing to preach, The Council recomends to the said Lord Advocat to Inform himself of these Ministers and persue them befor the Council as hath bein hitherto practised, And for the Lord Advocats better Information, The saids Lords doe herby ordaine the shereffs of the severall shyres to send in to his Lordship lists of all the preaching Ministers either in Kirks or meeting houses within their bounds, That he may know who of them have bein depryved and have not yet qualified themselves according to Law. As to the Fourth Article, anent ministers ordained by Bishopes and Intruding, The saids Lords doe herby Recomend to the said Lord Advocat to persue and citt all Ministers ordained by Bishopes since prelacy was abolished and Intruding themselves into Churches as is appointed in the second article. As to the fifth article anent the paper of Queries givin in at Aberdeen and adhered to at Inverness, The saids Lords Doe herby Nominat and appoint the Earle of Annandale, The Viscount of Tarbat, The Lord Carmichaell, The Lord Advocat and Lord Justice Clerk, To be a Committy, and to call for the papers and protests mentioned in that Article from the moderator or Clerk of the Commission, and to Consider the same, if seditious or factious or not, And to mak their report theranent to the Council against their first meeting in October nixt. As to the sixt, Anent Compulsories for bringing in wittnesses, The saids Lords doe herby ordaine all sherreffs, Steuarts, Baillies of Bailliries or Regallities, Magistrats of Burghes and others, To Cause all such persons as are Citted, to appear befor any Church Judicatorie as witnesses, To Compear befor the saids Judicators in that order and by the methods that Law allowes. As to the seventh article anent Episcopall Ministers, their keeping meetings, the saids Lords Doe herby Referr that mater to the Committy Already appointed for considering the forsaids papers and protests in the Fyfth Article, and Declares any three of the above Committy to be a sufficient Quorum, as to both thir Articles, and hereby authorises and Impowers them or their said Quorums to take tryall of the saids meetings, and to call and Examin the Meetters as they shall sie cause, and to issue forth precepts for citing them to that Effect, And recomends to the said Committy to make their report on this article when they make report on the fyfth article. As to the Eight Articl anent the keyes of Churches, The saids Lords Doe hereby revive the Act of Council of the date, The Tuelth of Jully J^aj vj^c and Nyntie years, Ordaining the Heretors, patrones and all others havers, To deliver up the keys of the Churches which are vacant, And furder Ordaines the keys of these Vacant Churches to be givin up to all Commissions or other Judicatories of the Church or their order when Occasion may require, And Ordaines Letters of horning on Fyftin dayes to be direct against the havers. And as to the Nynth Article of the said Representation anent the Interupters of Divin worship The saids Lords recomends to the said Lord Advocat to persue these persons as accords.