Decreet, 11 June 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Ellevinth day of June Jaj vijc and Six years

A1706/6/151

Decreet

Decreit of Certification John Blair Agent for the Kirk against Mr Alexander Muir, and Mr Alexander Craig Intruders at Frasersburgh

Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties privie Councell att the instance of John Blair Agent for the Kirk, with concourse of Sir James Steuart her Majesties Advocat for her highness Interest in the matter wnderwrytten, Makeing mention That wher by the fyfth act parliament Jaj vic and nyntie, Presbyterian Church Government and discipline Is ratified and Confirmed, to be the only Government of Chrysts Church, As also by the Sixth Act parliament Jaj vic nyntie three, It is Statute that Ministers not Swearing the oath of alleadgance, And Subscrybeing the Same with the Assurance, Shall be depryved of ther benefices, and punished by banishment or otherwayes as the Lords of our Privie Councell Shall think fitt; And Sicklyke by the Twentie Second Act of the parliament Jaj vic nyntie fyve, It is Statude and ordained that no persone Shall intrude himselfe into any Church, or exercise any pairt of the Ministeriall function within any parish, without ane orderly Call from the heretors and Eldershipe, And legall Admission from the presbetrie within whose bounds it lyes, Lykeas by the Second Act of the parliament Jaj vijc and three, all the saids acts, and other laws and Status for establishing presbyterian Church Government, are ratified and approven, In the haill heads, articles, clauses, and Circumstances therof: Nevertheless it is of verity that in Mr Alexander Muir probationer, And Mr Alexander Craig Sometyme Minister in Zetland, Shakeing of all2 reguard to our laws and authority have of late Intruded themselves into the Church and parish of Fraserburgh, and Setts up and preaches therin, And Exercises all the other pairts of the Ministeriall function, as baptiseing, marrieing etc without being qualified according to law, In manifast contempt of the saids laws and acts of parliament So that the presbetrie of the bounds Is disabled from takeing care of the people of that parish by getting a legall Setled Minister ther, And the said Kirk duly and legally planted, By all which it is evident that the said Mr Alexander Muir, and Mr Alexander Craik, are guilty of a manifast intrusion and contempt against the present Setled constitution of the Church, And of a high contempt of our laws and authority, which being proven they and ilk ane of them, ought to be punished with the pains of law, as the Lords of our privie Councill Shall think fitt to the example and terror of others to committ the lyke in tyme comeing, And Anent the charge given to the saids defenders to have compeared befor the Saids Lords of Privie Councill att a certaine day bygone, To answer to the grounds of the Said Complaint, And to have heard and Seen Such order and course taken theranent as appertains, wnder the pain of rebellion and putting them to the horne, with certification etc as in the said lybell and letters of Complaint and executions therof, att more length is contained; The within lybell att the instance of John Blair Agent for the Kirk against Mr Alexander Muir probationer, and Mr Alexander Craig Sometyme Minister in Zetland, Being called, and the persewer Compearing personallie att the Barr, and the defenders being Both Lawfullie Sumoned, oft tymes Called and not Compearing, The Lords of her Majesties Privie Councill Grants Certification against the Saids defenders And ordains letters of denounciation to be direct heirupon to Meacers or messengers to pass to the mercat Cross of […] and other places needfull, And ther in her Majesties name and authority Duly, lawfully and orderly denounce them her Majesties rebells, and putt them to her highness horne Escheat and inbring all ther moveable goods and gear to her Majesties use for ther contempt and disobedience.

At Edinburgh 11 June 1706

A1706/6/151

Decreet

Decreet of certification John Blair, agent for the Kirk, against Mr Alexander Muir and Mr Alexander Craig, intruders at Fraserburgh

Concerning the libel and cetters of complaint raised and pursued before the lords of her majesty’s privy council at the instance of John Blair, gent for the Kirk, with concurrence of Sir James Stewart, her majesty’s advocate, for her highness’ interest, in the matter underwritten, making mention that where by the 5th act [of the] parliament [of] 1690, presbyterian Church government and discipline is ratified and confirmed to be the only government of Christ’s Church; as also by the 6th act [of the] parliament [of] 1693 it is statute that ministers not swearing the oath of allegiance and subscribing the same with the assurance shall be deprived of their benefices, and punished by banishment or otherwise as the lords of our privy council shall think fit; and suchlike by the 22nd act of the parliament [of] 1695 it is statute and ordained that no person shall intrude himself into any church, or exercise any part of the ministerial function within any parish, without an orderly call from the heritors and eldership, and legal admission from the presbytery within whose bounds it lies; likewise by the 2nd act of the parliament [of] 1693, all the said acts, and other laws and statutes for establishing presbyterian Church government are ratified and approved, in the whole heads, articles, clauses, and circumstances thereof; Nevertheless it is of verity that in Mr Alexander Muir, probationer, and Mr Alexander Craig, sometime Minister in Shetland, shaking of all regard to our laws and authority have of late intruded themselves into the church and parish of Fraserburgh, and set up and preached therein, and exercise all the other parts of the ministerial function, [such] as baptising, marrying, etc without being qualified according to law, in manifest contempt of the said laws and acts of parliament, so that the presbytery of the bounds is disabled from taking care of the people of that parish by getting a legal settled minister there, and the said kirk duly and legally planted. By all which it is evident that the said Mr Alexander Muir and Mr Alexander Craig are guilty of a manifest intrusion and contempt against the present settled constitution of the Church, and of a high contempt of our laws and authority, which being proven they and each one of them ought to be punished with the pains of law, as the lords of our privy council shall think fit, to the example and terror of others to commit the like in time coming. And concerning the charge given to the said defenders to have appeared before the said lords of privy council at a certain day bygone to answer to the grounds of the said complaint, and to have heard and seen such order and course taken therein as appropriate, under the pain of rebellion and putting them to the horn, with certification etc as in the said libel and letters of complaint and executions thereof at more length is contained. The within libel at the instance of John Blair, agent for the Kirk, against Mr Alexander Muir, probationer, and Mr Alexander Craig, sometime minister in Shetland, being called, and the pursuer appearing personally at the bar, and the defenders being both lawfully summoned, often called, and not appearing, the concurrence grant certification against the said defenders, and ordain letters of denunciation to be direct hereupon to macers or messengers to pass to the mercat cross of […] and other places needful, and there in her majesty’s name and authority duly, lawfully, and orderly denounce them her majesty’s rebels, and put them to her highness’ horn [and] escheat and bring in all their moveable goods and gear to her majesty’s use for their contempt and disobedience.

1. NRS, PC1/53, 472-3.

2. The letters ‘fea’ scored out here.

1. NRS, PC1/53, 472-3.

2. The letters ‘fea’ scored out here.