Act, 6 September 1694 (pm), Edinburgh

Act, 27 December 1694, Edinburgh

[6 September] Eodem Die Post meridium

A1694/9/191

Act

[Deprivation Charles Kay minister at South Leith]

Anent the Lybell or Letters of Complaint Raised and persued befor the Lords of their Majesties privie Council at the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwrittin, making mention That wher by the sixtin Act of the Convention of States Jaj vjc Eighty Nyn, It is ordained that all the Ministers of the Gospell within the Kingdome publickly pray for us King William and Queen Mary as King and Qween of this Realm, And by the Thretie fyfth Act of the second session of this our Current Parliament Jaj vjc and Nyntie, It is farder Statut That the said Act of the states be putt to farder Execution against all such ministers who have not as yet givin obedience therto by praying for us in maner forsaid, Lykas by the Sixth Act of the fourth Session of this our present Parliament Jaj vjc and Nyntie thrie It is Statute that all preachers and ministers of the Gospell whatsomever shall swear the oath of alledgance and subscryve the Assurance subjoyned to the said Act befor the persons appointed to administerat the same, and that Betuixt and the dayes set for that Effect, and that under the paine that Ministers provided to Kirks, and not swearing and subscryving, as said is, shall be depryved of their Benefices. As also it is the duty of all Ministers of the Gospell to Observe and Celebrat fasts and thanksgivings in maner prescrybed the acts and proclamations Emitted theranent, and under the certification therin set doun. Nevertheless it is of verity. That Mr Charles Key, one of the Ministers of South Leith, shakeing off all his Duty to their Majesties King William and Queen Mary and notwithstanding of the said Act of Convention and acts of Parliament and others forsaid, He hath not and doeth not publickly pray for us King William and Qween Mary as king and queen of this Realm. But tho he hath sometimes made a shew of doing the same, yet hath he never at any time done it in the Express terms of the Act of Convention, But either for the most prayes generally and ambiguouslie, for the King and Qween and all the Royall familie, And frequently with other words and Circumstances that plainly Enough point at ane other meaning then to be for King William and Queen Mary as King and Queen of this Realm, Or if at any time he hath named them to Elud the Law, It hath bein in no better terms, or at Lest in one or other of the dayes of his publick preaching since the making of the saids Acts, He hath used these terms, That God would bless our King and Queen, and William and Mary, Or our King and Qween, William and Mary and the rest of the Royall family, By which his purpose of Evading and declyning the obedience dew to the law and his duty to us is sufficently manifest Lykas to Evince his insincerity and double dealling in the said mater, and that he never Intended to pray for us as King and Queen of this Realm, He hath refused, at liest hitherto hath not obeyed the Law nor taken the Oath of Alledgance nor subscrybed the assurance, but hath contemptuously suffered the severall dayes appointed by the saids Acts of Parliament, as first the Tuentie of June and then the tenth of Jully both last bypast, To Elapse without taking and subscribing the said oath and assurance as his other Bretherin of the Presbetry did befor the Persons therto appointed and yet still possesses his Kirk, notwithstanding that by the forsaids Acts he be depryved therfrae, nor hath he at any time keeped the publick fasts and thanksgivings appointed since the late happy Revolution according to the trew meaning and intent of the acts and proclamations Emitted theranent, But making almost a bare shew of publick preaching and praying, hath not at all noticed the duty of the day in Either preaching or praying suteably therto, But hath prayed and preached Either quite Indifferently or somtimes, specially on dayes of fasting, with Noads and Insinuations, That he keeped the day for quite other persons and things then was Intended by the saids Acts and proclamations, as particularly by saying In his preaching on ane of the saids dayes of fasting, It will be a token of averting our Captivity, If Kings and great ones of the Earth were weeping, fasting and mourning etc with many other Expressiones then and at other Occasions of the same Import, of all which transgressions and delinquincies, the said Mr Charles Key being found guilty, airt and pairte, He ought to be punished by the paines of Law, To the Example and terror of others to committ the like in tyme comeing, And anent the Chairge givin to the said defenders to have Compeared befor the saids Lords at ane Certan day nou bygone, To have ansuered to the poynts of the above Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of Rebellion etc as the principall Lybell or Complaint and Executions therof more fully bears, Which Lybell or Complaint being this day called in presence of the saids Lords of their majesties privy Council and the said Sir James Steuart their Majesties Advocat for their highness intress. Compearing personally, and the said Mr Charles Key defender Compeared also personally, The Lybell and answers therto givin be the said defender, Being read, Their Majesties Advocat Declared that he insisted against the said Mr Key upon that poynt of the Lybell, that he hes not qualified himself in the terms of the Act of parliament by taking the oath of alledgance and assurance and therfor Craved he might be depryved and ordained to remove from Manse and Gleib. The saids Lords having Considered the Lybell and ansuers made therto for Mr Key, They have depryved and hereby deprives, The said Mr. Charles Key from his benefice as one of the Ministers of the kirk of South Leith, and declares the said Church vacant as to him, And have discharged and herby discharges him to preach or Exercise any other pairt of his Ministeriall function within the parioch of South Leith, And decerns and ordaines him to flitt and remove himself, family and servants from the manse and Gleib, and Leave the same voyd and red betuixt and the feast and term of mertimess nixt to come And ordaines Letters of horneing under the signet of Councill upon fiftin dayes and other executorialls needfull to pass heron in form as Effeirs

[6 September] Eodem Die Post meridium

A1694/9/191

Act

[Deprivation Charles Kay minister at South Leith]

Anent the Lybell or Letters of Complaint Raised and persued befor the Lords of their Majesties privie Council at the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwrittin, making mention That wher by the sixtin Act of the Convention of States Jaj vjc Eighty Nyn, It is ordained that all the Ministers of the Gospell within the Kingdome publickly pray for us King William and Queen Mary as King and Qween of this Realm, And by the Thretie fyfth Act of the second session of this our Current Parliament Jaj vjc and Nyntie, It is farder Statut That the said Act of the states be putt to farder Execution against all such ministers who have not as yet givin obedience therto by praying for us in maner forsaid, Lykas by the Sixth Act of the fourth Session of this our present Parliament Jaj vjc and Nyntie thrie It is Statute that all preachers and ministers of the Gospell whatsomever shall swear the oath of alledgance and subscryve the Assurance subjoyned to the said Act befor the persons appointed to administerat the same, and that Betuixt and the dayes set for that Effect, and that under the paine that Ministers provided to Kirks, and not swearing and subscryving, as said is, shall be depryved of their Benefices. As also it is the duty of all Ministers of the Gospell to Observe and Celebrat fasts and thanksgivings in maner prescrybed the acts and proclamations Emitted theranent, and under the certification therin set doun. Nevertheless it is of verity. That Mr Charles Key, one of the Ministers of South Leith, shakeing off all his Duty to their Majesties King William and Queen Mary and notwithstanding of the said Act of Convention and acts of Parliament and others forsaid, He hath not and doeth not publickly pray for us King William and Qween Mary as king and queen of this Realm. But tho he hath sometimes made a shew of doing the same, yet hath he never at any time done it in the Express terms of the Act of Convention, But either for the most prayes generally and ambiguouslie, for the King and Qween and all the Royall familie, And frequently with other words and Circumstances that plainly Enough point at ane other meaning then to be for King William and Queen Mary as King and Queen of this Realm, Or if at any time he hath named them to Elud the Law, It hath bein in no better terms, or at Lest in one or other of the dayes of his publick preaching since the making of the saids Acts, He hath used these terms, That God would bless our King and Queen, and William and Mary, Or our King and Qween, William and Mary and the rest of the Royall family, By which his purpose of Evading and declyning the obedience dew to the law and his duty to us is sufficently manifest Lykas to Evince his insincerity and double dealling in the said mater, and that he never Intended to pray for us as King and Queen of this Realm, He hath refused, at liest hitherto hath not obeyed the Law nor taken the Oath of Alledgance nor subscrybed the assurance, but hath contemptuously suffered the severall dayes appointed by the saids Acts of Parliament, as first the Tuentie of June and then the tenth of Jully both last bypast, To Elapse without taking and subscribing the said oath and assurance as his other Bretherin of the Presbetry did befor the Persons therto appointed and yet still possesses his Kirk, notwithstanding that by the forsaids Acts he be depryved therfrae, nor hath he at any time keeped the publick fasts and thanksgivings appointed since the late happy Revolution according to the trew meaning and intent of the acts and proclamations Emitted theranent, But making almost a bare shew of publick preaching and praying, hath not at all noticed the duty of the day in Either preaching or praying suteably therto, But hath prayed and preached Either quite Indifferently or somtimes, specially on dayes of fasting, with Noads and Insinuations, That he keeped the day for quite other persons and things then was Intended by the saids Acts and proclamations, as particularly by saying In his preaching on ane of the saids dayes of fasting, It will be a token of averting our Captivity, If Kings and great ones of the Earth were weeping, fasting and mourning etc with many other Expressiones then and at other Occasions of the same Import, of all which transgressions and delinquincies, the said Mr Charles Key being found guilty, airt and pairte, He ought to be punished by the paines of Law, To the Example and terror of others to committ the like in tyme comeing, And anent the Chairge givin to the said defenders to have Compeared befor the saids Lords at ane Certan day nou bygone, To have ansuered to the poynts of the above Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of Rebellion etc as the principall Lybell or Complaint and Executions therof more fully bears, Which Lybell or Complaint being this day called in presence of the saids Lords of their majesties privy Council and the said Sir James Steuart their Majesties Advocat for their highness intress. Compearing personally, and the said Mr Charles Key defender Compeared also personally, The Lybell and answers therto givin be the said defender, Being read, Their Majesties Advocat Declared that he insisted against the said Mr Key upon that poynt of the Lybell, that he hes not qualified himself in the terms of the Act of parliament by taking the oath of alledgance and assurance and therfor Craved he might be depryved and ordained to remove from Manse and Gleib. The saids Lords having Considered the Lybell and ansuers made therto for Mr Key, They have depryved and hereby deprives, The said Mr. Charles Key from his benefice as one of the Ministers of the kirk of South Leith, and declares the said Church vacant as to him, And have discharged and herby discharges him to preach or Exercise any other pairt of his Ministeriall function within the parioch of South Leith, And decerns and ordaines him to flitt and remove himself, family and servants from the manse and Gleib, and Leave the same voyd and red betuixt and the feast and term of mertimess nixt to come And ordaines Letters of horneing under the signet of Councill upon fiftin dayes and other executorialls needfull to pass heron in form as Effeirs

1. NRS, PC1/50, 8-10.

        

        

        

1. NRS, PC1/50, 8-10.