Act, 28 December 1703, Edinburgh

Att Edinburgh the Eleventh day of November J^aj vij^c and thrie years

A1703/11/4

A1703/11/4¹

Decreet

Decret Certification The Agent for the Kirk against Doctor Gairdne

Anent the Lybell or Letters of Complaint raised and pursued befor the Lords of her Majesties privy Councill at the Instance of John Blair agent for the Kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes interest in the matter underwriten Makeing Mention That wherby the Lawes of this and all other weell governed Realmes The decreets and Sentances of Lawfull Courts especially of the high Court of parliament and Commissions of Parliament ought to be duely obtemporat and acquiesced in; and that to neglect and Counteract the same is a high Contempt of authority and visible tends to great disorder and the dissollution of all Government Nevertheless It was of verity That Doctor James Gardne Sometime professor of Divinitie in the Colledge of Old Aberdein Haveing been upon the Twenty fifth day of January 1697 years deprived by the Commission of parliament for visitation of Colledges and Schoolls of his office of professor of divinitie in the said Colledge for his not qualifieing himself by swearing the Oath of alledgance and Subscryveing the Same with the assurance and for not Subscryveing the confession of faith in the termes of the act of parliament 1693 Wherupon his said place and office as professor was declared vaccant, yet the said Doctor Gardne after haveing long acquiesced as in duty he was oblidged Did upon one or other of the dayes of Aprill last presumptuously at his oun hand intrude into the said office; adding to his presumption a groundles and insolent protest against the Lawfull Choiseing of a new professor, and farder Causeing refuse access to and exclude from the ordinary place of meetting Such as hade the power and were about to elect, And Farder the said Doctor Gairdn² did upon his said intrusion Cause ring the Bell to his publict Lessons as if he hade been duely restored albeit the forsaid Sentence of parliament did Still Stand in force against him which was a high and Manifast Contempt of the authority therof By all which it was evident That the said Doctor James Gairdne was guilty airt and pairt of a manifast Lawless intrusion and of a high Contempt of the authority of Parliament and of the Sentence of the Commission therof Still Standing against him all which being proven he ought not only to be decerned to remove and Cease from usurping the said office and to find Caution for that effect But also Farder punished in his person and goods for his said insolent Contempt at the sight of the Lords of her Majesties privy Councill to the Example and terror of others to Comitt the Like in time comeing And Anent the Charge given to the said Doctor James Gairdne defender To have Compeared before the saids Lords of privy Councill personally at ane Certaine day now bygone To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as the saids Lords of privy Councill should think fitt under the pain of Rebellion etc as in the said Lybell or Letters of Complaint and executiones therof at more length is Contained; Which Lybell being this day Called in presence of the saids Lords of her Majesties privy Councill, And the pursuer Compearing personally at the Batt and the defender being Lawfully citted oft times called and not Compearing The Lords of her Majesties privy Councill In Respect of the said defender his absence and not Compearance as said is Doe hereby Grant Certification against the said defender And ordaines Letters of Denunciation to be direct to Macers or messingers at armes to pass to the marcat Cross of […] and other places needfull and ther In her Majesties name and authority duely Lawfully and orderly denunce the said Doctor James Gairdne her Majesties Rebell and put him to her highnes horn; Escheat and inbring all his moveable goods and geir to her Majesties use for his Contempt and disobedience.