Decreet, 10 April 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem

D1696/4/201

Decreet

Denunciation presbetrie of Aberdeen Against Mr James Gordoune

William by the grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our Shirreffs in that pairt conjunctllie and severallie speciallie constitut greeting Forasmuchas Anent the petitione and representatione of the ministers and elders of the presbetrie of Aberdeen Against Mr James Gordowne intruder at Foverane Given in to the Lords of our privie Counsell Shewing That wheras the Said Mr James Gordoune intruder into the paroch kirk of Foverane haveing bein conveened befor The Comittie of the Generall assemblie for the north the nynth day of Jullie Jaj vic nyntie yeirs And by the said Comittie at Aberdeen haveing bein declaired to have no pasturall relatione to the paroch and his pretended call to that place declaired null Hath notwithstanding of the said Sentance continwed Still to exercise the office of the ministrie in the said place And now the generall assembly haveing approven the procedure of the said comittie for the north And conseqwently ratified the said sentance pronunced by the Comittie against the said Mr James Gordowne the presbetrie takeing the premisses As also the divided conditione of the paroch of Foverane occasioned by the said intrusione Togither with his manifest contempt of all the Judicators of this nationall church to ther Sereows consideratione Did appoint Mr Alexander Kennedie minister of the gospell one of ther number for the tyme to repaire to the said church of Foverane upon the Saboth the Second day of Februarie instant to preach therin And in order therto to Demand the keyes of the said kirk to be made furth comeing to the presbetrie Conforme to our Lords of Our privie Counsell ther act of the date the […] day of […] Jaj vic and […] yeirs which keyes the said Mr James refwsed to Deliver they being in his custodie as by himself was acknouledged And therefter upon the next Lords day the foirsaid brother Mr Kennedie by a new appointment went to the said church again to Demand the keyes and access to the church to preach to the congregatione But was refwsed as formerly the said Mr Gordone appeareing in the head of a croud who were gathered ther in a tumultuary maner with Swods2 and Staves So that the said Mr Kennedie was necessitat to preach in the churchyeard the Day being extreamly cold and Stormie to the endangering both of his health and of his hearers All which premisses to be of veritie is evidenced by instruments therwith produced Wherupon The presbetrie finding themselvs concerned as much as in them lay to remeid these Disorders Did pro re nata meet at the said paroch church And the said Mr James compeareing befor them without any citatione to that dyet And the keyes being demanded of him be vertue of the act of our privie Counsell foirsaid he refused to deliver up the Same And protested he was Laufull minister of that paroch notwithstanding of The Comittie sentance to the contraire now approven by the Last generall assembly And that he would continwe in the exercise of the ministrie ther And now in respect It is recommended to the Lords of our privie Counsell by ane act of the Last Sessione of this current parliament Intituled act against intrudeing into churches etc To remove all these who have alreadie Since the estaiblishment of this present church Government intruded into vaccant churches without ane orderly call from the heretors and eldership of the paroch And a legall admission from the presbetrie within whose bounds the saids churches lyes And it is certaine and notoure that the said Mr James comes under the compass of the said Law Ther being no legall eldershipe hitherto estaiblished in the said paroch And that the said Mr James does not nor cannot pretend to a legall admissione from any presbetrie of this nationall church And therfor humbly Craveing the benefite of the said act of parliament against the forsaid intruder Mr James Gordon as the petitione bears Which petitione being upon the twentie of February Last of privie Counsell They ordained Letters to be Direct for citeing the said Mr James Gordone to compear befor them upon the Seventh of Apprile instant to have ansuered to the points of the said petitione and representatione And to have heard and Sein Such order and course taken theranent as the saids Lords Should find Just under the paine of rebellione with certificatione etc And the Saids Letters haveing bein accordingly taken out and execute against the said Mr James Gordone and he cited therupon to have compeared befor the saids Lords upon the day foirsaid as the saids Letters and executiones therof at more lenth bears The Saids Letters at the instance of the saids ministers and elders of the presbetrie of Aberdeen against the said Mr James Gordon being this day called in presence of the Lords of his majesties privie Counsell And Mr Hugh Craig minister at Gallowsheills and […] Wdney of that ilk haveing compeared for the persewers And the said Mr James Gordone Defender compeareing also personallie and Sir James Stewart his majesties advocat haveing compeared for his majesties interest produced a Dimissione be the said Mr James Gordone wherby he renunced from all pretensione to the said kirk and paroch of Foveraine and obleidges him to remove from the manse how soon the Counsell Shall appoint And in the mean tyme not to preach within the said paroch nor make any oppositione to any who shall be imployed by the presbetrie to preach in the said kirk And the said Lord advocat craved that the Counsell would interpone ther authoritie to the said dimissione and affix a tyme to the defender to remove from the manse and Gleib The saids Lords of privie Counsell Doe hereby interpone ther authoritie to the foirsaid dimission And decerns and ordaines the said Mr James to flitt and remove himself his wife bairnes family servants and tenents furth and frae the manse and Gleib of the said kirk betuixt and the feast and terme of whittsonday next to come and ordaines Letters of Horning under the Signet of Counsell and others needfull to be direct heiron in forme as effeirs

Att Edinburgh the Tenth Day of Aprile Jaj vic nyntie Six yeirs Antemeridiem

D1696/4/201

Decreet

Denunciation presbetrie of Aberdeen Against Mr James Gordoune

William by the grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Counsell messengers at armes our Shirreffs in that pairt conjunctllie and severallie speciallie constitut greeting Forasmuchas Anent the petitione and representatione of the ministers and elders of the presbetrie of Aberdeen Against Mr James Gordowne intruder at Foverane Given in to the Lords of our privie Counsell Shewing That wheras the Said Mr James Gordoune intruder into the paroch kirk of Foverane haveing bein conveened befor The Comittie of the Generall assemblie for the north the nynth day of Jullie Jaj vic nyntie yeirs And by the said Comittie at Aberdeen haveing bein declaired to have no pasturall relatione to the paroch and his pretended call to that place declaired null Hath notwithstanding of the said Sentance continwed Still to exercise the office of the ministrie in the said place And now the generall assembly haveing approven the procedure of the said comittie for the north And conseqwently ratified the said sentance pronunced by the Comittie against the said Mr James Gordowne the presbetrie takeing the premisses As also the divided conditione of the paroch of Foverane occasioned by the said intrusione Togither with his manifest contempt of all the Judicators of this nationall church to ther Sereows consideratione Did appoint Mr Alexander Kennedie minister of the gospell one of ther number for the tyme to repaire to the said church of Foverane upon the Saboth the Second day of Februarie instant to preach therin And in order therto to Demand the keyes of the said kirk to be made furth comeing to the presbetrie Conforme to our Lords of Our privie Counsell ther act of the date the […] day of […] Jaj vic and […] yeirs which keyes the said Mr James refwsed to Deliver they being in his custodie as by himself was acknouledged And therefter upon the next Lords day the foirsaid brother Mr Kennedie by a new appointment went to the said church again to Demand the keyes and access to the church to preach to the congregatione But was refwsed as formerly the said Mr Gordone appeareing in the head of a croud who were gathered ther in a tumultuary maner with Swods2 and Staves So that the said Mr Kennedie was necessitat to preach in the churchyeard the Day being extreamly cold and Stormie to the endangering both of his health and of his hearers All which premisses to be of veritie is evidenced by instruments therwith produced Wherupon The presbetrie finding themselvs concerned as much as in them lay to remeid these Disorders Did pro re nata meet at the said paroch church And the said Mr James compeareing befor them without any citatione to that dyet And the keyes being demanded of him be vertue of the act of our privie Counsell foirsaid he refused to deliver up the Same And protested he was Laufull minister of that paroch notwithstanding of The Comittie sentance to the contraire now approven by the Last generall assembly And that he would continwe in the exercise of the ministrie ther And now in respect It is recommended to the Lords of our privie Counsell by ane act of the Last Sessione of this current parliament Intituled act against intrudeing into churches etc To remove all these who have alreadie Since the estaiblishment of this present church Government intruded into vaccant churches without ane orderly call from the heretors and eldership of the paroch And a legall admission from the presbetrie within whose bounds the saids churches lyes And it is certaine and notoure that the said Mr James comes under the compass of the said Law Ther being no legall eldershipe hitherto estaiblished in the said paroch And that the said Mr James does not nor cannot pretend to a legall admissione from any presbetrie of this nationall church And therfor humbly Craveing the benefite of the said act of parliament against the forsaid intruder Mr James Gordon as the petitione bears Which petitione being upon the twentie of February Last of privie Counsell They ordained Letters to be Direct for citeing the said Mr James Gordone to compear befor them upon the Seventh of Apprile instant to have ansuered to the points of the said petitione and representatione And to have heard and Sein Such order and course taken theranent as the saids Lords Should find Just under the paine of rebellione with certificatione etc And the Saids Letters haveing bein accordingly taken out and execute against the said Mr James Gordone and he cited therupon to have compeared befor the saids Lords upon the day foirsaid as the saids Letters and executiones therof at more lenth bears The Saids Letters at the instance of the saids ministers and elders of the presbetrie of Aberdeen against the said Mr James Gordon being this day called in presence of the Lords of his majesties privie Counsell And Mr Hugh Craig minister at Gallowsheills and […] Wdney of that ilk haveing compeared for the persewers And the said Mr James Gordone Defender compeareing also personallie and Sir James Stewart his majesties advocat haveing compeared for his majesties interest produced a Dimissione be the said Mr James Gordone wherby he renunced from all pretensione to the said kirk and paroch of Foveraine and obleidges him to remove from the manse how soon the Counsell Shall appoint And in the mean tyme not to preach within the said paroch nor make any oppositione to any who shall be imployed by the presbetrie to preach in the said kirk And the said Lord advocat craved that the Counsell would interpone ther authoritie to the said dimissione and affix a tyme to the defender to remove from the manse and Gleib The saids Lords of privie Counsell Doe hereby interpone ther authoritie to the foirsaid dimission And decerns and ordaines the said Mr James to flitt and remove himself his wife bairnes family servants and tenents furth and frae the manse and Gleib of the said kirk betuixt and the feast and terme of whittsonday next to come and ordaines Letters of Horning under the Signet of Counsell and others needfull to be direct heiron in forme as effeirs

1. NRS, PC2/26, 166r-168r.

2. Sic.

1. NRS, PC2/26, 166r-168r.

2. Sic.