Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Tenth Day of May J^aj vj^c nyntie Eight years

A1698/5/9

A1698/5/9¹

Decreet

Decreet his majesties Advocate against Mr James Adamson

Anent The Lyble or Letters of Complaint Raised before The Lords of his Majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocate for his highness Interest in the matter underwritten. Making Mention That where By the Laws and acts of Parliament The Invading and Intruding of Pulpits and Kirks where the saids Kirks are legally provided by persons having no warrant To doe the same, as also The despising and Contemning of the sentence of presbetries by baptizing giving the Sacrament and Exercising other parts of the ministerial function, notwithstanding of the presbetries deposition, as also The marrieing of persons clandestinely without proclamation of Bans and conform to the Laudable Laws of the Church are all Crimes of ane high nature and ought to be severely punished according to the Laws and acts of parliaments made against the same, Especialy The act of Parliament J^aj vi^c nyntie Five against Intruding into Churches without a Legall call or admission Wherby It is statute That whosoever shall so Intrude or Exercise any part of the ministerial function within any paroch shall be Incapable of Enjoying any church or stipend within this Kingdom for the space of seven years, after Removal from the churches Into which they Intrude and from which they are ordained to be removed. And farder It is Recommended to the Lords of his Majesties privy Councill, To take some Effectuall course for hindering ministers deposed from preaching or Exercising The ministerial function after they are deposed, as Likeways The act of parliament J^aj vi^c sixty on against Clandestine and unlaufull marriadges wherby It is statute That the Celebrators of such marriadges shall be Banished the Kingdom never to return under the pain of Death. Nevertheless It is of verity, That Mr James Adamson once Incumbent att Kiltone near Dumfreis did att his own hand in one or other of the days of the moneths of the year J^aj vi^c nynty Three Invade and Intrude into the pulpit and paroch Kirk of Eymouth, after The saids Kirk was Legally setled by preaching therein for severall Lords days for which cause The said Mr James being cited before The presbetrie of the Bounds and proving contumacious was discharged to preach within their Bounds And Because of his Contempt of their said sentence by Continueing to baptize and give the sacrament unwarrantablie he was deposed. And yett did thereafter both preach and baptize and give the sacrament In high Contempt of the sentence of the presbetrie and authority of this Church, And farder upon ane or other of the days of the moneth of January February or March in this Instant year J^aj vi^c nyntie Eight he did presume to marry Clandestinely Mr John Chisholme with Elizabeth Young both Indwellers In Rentoun without any previous proclamation. Likeas It is furder Informed that the said Mr James hath never qualified himself by taking the oath of Alledgance and Assurance conform to the act of parliament J^aj vi^c nynty Three, And yet presumes to Keep up and preach in meetings in the paroch of Eymouth, Coldinghame and Aytoune infessting these Bounds to the great disquiet of the setled order and peace of this Church By all which the said Mr James being Guilty airt and pairt of The forsaids Transgressions and disorders he ought to be punished therfor with the pains of Law and furder Effectually Restrained for hereafter from Committing any such abuses To the Example and terror of others To Committ the Like in tyme Coming. And Anent The Charge given to the said Defender To have Compeared personally before the saids Lords of his Majesties privy Councill att ane Certan day bygon To have answered to the grounds 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 pain of Rebellion and putting of him to the horn with Certification etc as in the principall Lyble or Letters of Complaint with the Executiones thereof at more Length proports. Which Lyble being this day called in presence of the Lords of privy Councill And his Majesties Advocate Compearing personally for his Majesties Interest and the said Mr James Adamson defender Compearing also personally and having acknowledged att the Councill Barr, That he hade not qualified himself by taking the oath of alledgance To his Majestie and signing the Assurance appointed by act of parliament And That he hes preached and married severall persones notwithstanding therof. The saids Lords of privy Councill having Considered the forsaid Lyble with the answers given in by the defender therto with the said Mr James his Judicial acknowledgement and Confession as said is. They find the points and articles of the said Lyble sufficiently proven by the defenders own acknowledgement and Confession forsaid. And Have Banished and heirby Banishes The said Mr James Adamson furth of his Majesties Dominions, And ordains him to Depairt furth therof Betwixt and the Tenth day of June next to come and not To Return therto without the King or Councills orders to that Effect. And In the mean tyme have discharged and heirby discharges The said Mr James to preach marry Baptize or Exercise any other part of his ministeriall function untill he Enter his Banishment as said is. And ordains the meeting-house att Eymouth where the said Mr James preached to be Shutt up and not to be opened again or made use of for a preaching house without the order of Councill, And Recommends To the sheriff principall of Berwick Shire And appoints his deputs to see the samen done, and to take care it be not opened again without order from the saids Lords of privy Councill.