Decreet, 10 January 1693, Edinburgh

Act, 28 December 1693, Edinburgh

Att Edinburgh the Tenth day of Januarij Jaj vjc and nyntie three years

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Decreet

Decreet The Sollicitor against ministers in Perthshyre

Anent the Lybell or Complaint raised at the Instance of Sir William Lockhart there Majesties Sollicitor for there Highnes interest in the matter underwreitten before the Lords of there Majesties privie Councill makeing mentione That where albeit by the Law of God and the principalls and Constitutions of every well governed natione all persones are bound to give due obedience thereto And wish well and pray for such whom they owe Just obedience and true alleadgeance as there soveraigne King Especially such who have been the glorious Instruments of there delyverie from the thraldome of popery and the pernicious Inconveniences that accompany ane arbitrarie power And by the municipall Constitutiones of this Realme all the subjects thereof are engadged to pray for there soveraigne And particularly by ane act of the meeting of the estates the thretteinth day of Apryll Jaj vjc Eightie nyne years all ministers who are in any eminent maner obleidged to discharge that duety are thereby expressly Comanded to read the proclamation of that dait And publictly to pray for there Majesties King William and Queen Mary as King and Queen of this Realme upon the dayes therein mentioned under the pain of being depryved Lossing of there benefice And by the same proclamation all the Leedges are certifyed And by the same proclamation all the Leedges are certifyed That they presume not to oune or acknowledge the late King James the seventh for there King or presume upon the highest perrill by word wreitting in a sermone or any other many of way to Impugne or dissoune there majesties as King and Queen of Scotland And by the thretty fyfth act of the second sessione of there Majesties Current parliament all ministers depryved for not praying publictly for there majesties as King and Queen of this realme And for not reading the said proclamatione of the Estates are prohibited and discharged to preach or exercise any pairt of the ministeriall functione aither in Churches or meeting houses upon any pretext whatsomever untill first they present themselves befor the Lords of there majesties privie Councill And therein there presence take swear and subscryve the oath of alleadgeance and assureance to there Majesties as King and Queen of this Realme and not to oune the Late King James in any sort Conforme to the tenor of the said proclamatione Certifyeing such ministers doeing in the contrair They shall be proceeded againest as persones dissaffected and Enemyes to there majesties government and shall be punished with all rigor And thereby ordained the said proclamation and act of the meeting of the estates to be put to farder execution againest all such ministers who have not as yet given obedience thereto by praying for there Majesties In maner forsaid And ordained the saids Lords of privie Councill to proceed therein And by diverse and sundrie proclamationes of the saids Lords the particular dayes of thanksgiveing and fasting mentioned therein Nevertheless Mr Alexander Balneaves minister at Tippermoore Mr Laurens Mercer minister at Gask Mr John Grahame minister at Maitherly Mr William Smith minister at Monydey Mr Thomas Murray Minister at Kinclaven and Mr John Blair minister at Kilspindie all within the shirreffdome of Pearth albeit some of them have been publictly depryved for not praying for there Majesties in the termes of the act of parliament have publictly preached and exercised the ministeriall functione within there oune respective houses and paroches where the samen Lyes and else where without qualifyeing themselves according to Law By not Swearing and signeing the oath of alleadgeance and engadgeing not to oune the Late King James and have not prayed for there Majesties in such Circumstantiat termes as the hearers might have known That they prayed for there majesties King William and Queen Mary as King and Queen And have been so farr from Evidenceing the sense they ought to have hade of there Majesties preservation and releiff of the grievous Circumstances the nation then Lay under that when the said proclamation of the estates wes sent to them at least came to there hands or of which they hade knowledge They were so farr from testifyeing there gratitude in giveing due obedience thereto That nether the day appoynted nor at any tyme since syne did they read the said proclamation nor any of the saids proclamationes for thanksgiveing and fast albeit In contempt of thes proclamationes Hes actually preached dayly sincesyne without praying for there Majesties as King and Queen of this Realme Convocateing severall paroches stirring up and fomenting there Disaffectione to the government Encouradgeing there majesties Enemies and discouradgeing there Loyall Subjects Sometymes not only prayeing for the Late King James And that God would restore him And make his croun to flourish upon head But also at other tymes to pray in such ambiguous termes that there hearers could not understand that they prayed for there majesties Off all which crymes the forsaids persones are guiltie actors airt and pairt And ought and should be severely punished in there persones and goods to the terror of others to doe the Lyke in tyme comeing. And Anent the Charge Given to the said haill forenamed persones abovecompleaned upon To Compear befor the saids Lords of privie Councill at Edinburgh or where it shall happen them to be for the tyme2 this day to ansuer to the points of the above Complaint and to hear and see such order and course taken there anent as the saids Lords shall find cause under the paine of rebellione and putting of them to the horne with Certificatione to them If they failzie They shall be denunced rebells and there majesties other Letters shall be direct furth againest them for that effect As the said Letters and executiones thereof more fully bears Which Lybell above wreitten being this day called In presence of the said Lords of privie Councill And the sollicitor Compearing personally And the saids defenders Compearing also personally The Lords of there majesties privie Councill haveing considered the above Lybell with the Judiciall acknowledgements of the above Mr Laurens Mercer Mr John Grahme Mr William Smith Mr Thomas Murray and Mr John Blair That they have not prayed for there Majesties King William and Queen Mary And that they have not3 keept the fasts and thanksgiveings appoynted by authority They hereby depryve the saids fyve ministers of there respective benefices at there Churches abovenamed And declares the saids Churches vacant And discharges the saids Ministers from preaching or exerciseing any pairt of the Ministeriall functione within there respective paroches forsaids And ordaines them to remove from there respective manses at the terme of whitsonday next And discharges them to Labour there Gleib or any pairt thereof in tyme comeing And having Considered the acknowledgement of the said Mr Alexander Balneaves That he hes preached since he wes deposed only once And did not pray for King William and Queen Mary They discharge the said Mr Alexander to preach or exercise any other pairt of his Ministeriall functione aither in church meeting house or any other place whatsomever untill he qualify himself in the termes of the act of parliament with certificatione If he faill In giveing punctuall obedience hereto The paines and punishments contained in the Lawes and acts of parliament shall be Inflicted againest him without favour or further delay And ordaines Letters of horning on fyfteen dayes and others needfull to be Direct hereon In forme as effairs

At Edinburgh, 10 January 1693

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Decreet

Decreet by the solicitor against ministers in Perthshire

Concerning the libel or complaint raised at the instance of Sir William Lockhart their majesties’ solicitor for their highnesses’ interest in the matter underwritten before the lords of their majesties’ privy council, making mention that where albeit by the law of God and the principles and constitutions of every well governed nation, all persons are bound to give due obedience thereto and wish well and pray for such whom they owe just obedience and true allegiance as their sovereign king, especially such who have been the glorious instruments of their delivery from the thraldom of Catholicism and the pernicious inconveniences that accompany an arbitrary power, and by the municipal constitutions of this realm all the subjects thereof are engaged to pray for their sovereign, and particularly by an act of the meeting of the estates of 13 April 1689 all ministers who are in any eminent manner obliged to discharge that duty are thereby expressly commanded to read the proclamation of that date and publicly pray for their majesties King William and Queen Mary as king and queen of this realm upon the days therein mentioned under the pain of being deprived of their benefice; and by the same proclamation all the lieges are certified that they presume not to own or acknowledge the late King James VII as their king or presume upon the highest peril by word, writing, in a sermon or any other manner of way, to impugn or disown their majesties as king and queen of Scotland, and by the thirty-fifth act of the second session of their majesties’ current parliament all ministers deprived for not praying publicly for their majesties as king and queen of this realm and for not reading the said proclamation of the estates are prohibited and discharged to preach or exercise any part of the ministerial function in churches or meeting houses upon any pretext whatsoever until first they present themselves before the lords of their majesties’ privy council and in their presence take, swear and subscribe the oath of allegiance and assurance to their majesties as king and queen of this realm and not to own the late King James in any way, according to the tenor of the said proclamation, certifying that such ministers doing in the contrary shall be proceeded against as persons disaffected and enemies to their majesties’ government and shall be punished with all rigour; and thereby ordered the said proclamation and act of the meeting of the estates to be put to further execution against all such ministers who have not yet given obedience thereto by praying for their Majesties in manner foresaid, and ordered the said lords of privy council to proceed therein and by diverse and sundry proclamations of the said lords, the particular days of thanksgiving and fasting mentioned therein. Nevertheless Mr Alexander Balnaves, minister at Tippermuir, Mr Laurence Mercer, minister at Gask, Mr John Graham, minister at Madderty, Mr William Smith, minister at Moneydie, Mr Thomas Murray, minister at Kinclaven, and Mr John Blair minister at Kilspindie, all within the sheriffdom of Perth, albeit some of them have been publicly deprived for not praying for their majesties in the terms of the act of parliament, have publicly preached and exercised the ministerial function within their own houses and parishes where the same lie and elsewhere without qualifying themselves according to law by not swearing and signing the oath of allegiance and engaging not to own the late King James, and have not prayed for their majesties in such explicit terms as the hearers might have known that they prayed for their majesties King William and Queen Mary as king and queen, and have been so far from evidencing the sense they ought to have had of their majesties’ preservation and relief of the grievous circumstances the nation then lay under, that when the said proclamation of the estates was sent to them or at least came to their hands, or of which they had knowledge, they were so far from testifying their gratitude in giving due obedience thereto that neither the day appointed nor at any time since did they read the said proclamation or any of the said proclamations for thanksgiving and fast, albeit in contempt of these proclamations they have actually preached daily since without praying for their majesties as king and queen of this realm, convocating several parishes, stirring up and fomenting their disaffection to the government, encouraging their majesties’ enemies and discouraging their loyal subjects, sometimes not only praying for the late King James and that God would restore him and make his crown to flourish upon his head, but also at other times to pray in such ambiguous terms that their hearers could not understand that they prayed for their majesties; of all which crimes the foresaid persons are guilty actors, art and part, and ought and should be severely punished in their persons and goods to the terror of others to do the same in time coming. And concerning the charge given to all the forenamed persons complained upon to appear before the said lords of privy council at Edinburgh or where it shall happen them to be for the time this day to answer to the points of the above complaint and to hear and see such order and course taken as the said lords shall find cause under the pain of rebellion and putting of them to the horn, with certification to them that if they fail they shall be denounced as rebels and their majesties’ other letters shall be directed against them for that effect, as the said letters and executions thereof more fully bear, which libel above written being this day called in presence of the said lords of privy council and the solicitor appearing personally, and the said defenders appearing also personally, the lords of their majesties’ privy council having considered the above libel with the judicial acknowledgements of the above Mr Laurence Mercer, Mr John Graham, Mr William Smith, Mr Thomas Murray and Mr John Blair that they have not prayed for their majesties King William and Queen Mary and that they have not kept the fasts and thanksgivings appointed by authority, they hereby deprive the said five ministers of their respective benefices at their churches abovenamed and declare the said churches vacant, and discharge the said ministers from preaching or exercising any part of the ministerial function within their respective parishes, and they order them to remove from their respective manses at the term of Whitsun next, and they discharge them to work their glebes or any part thereof in time coming; and having considered the acknowledgement of the said Mr Alexander Balnaves that he has preached since he was deposed only once and did not pray for King William and Queen Mary, they discharge the said Mr Alexander to preach or exercise any other part of his ministerial function either in church meeting house or any other place whatsoever until he qualifies himself in the terms of the act of parliament, with certification that if he fails in giving punctual obedience hereto, the pains and punishments contained in the laws and acts of parliament shall be inflicted against him without favour or further delay; and they order letters of horning on 15 days’ notice and other requirements to be directed hereupon, in the appropriate form.

1. PC1/48, 543-6.

2. The phrase ‘at ane certain bygone’ scored out here.

3. Word inserted above the line.

1. PC1/48, 543-6.