Act, 28 December 1703, Edinburgh

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

A1703/11/3

A1703/11/3¹

Decreet

Decreet of Certification The Agent for the Kirk against Mr John Taylor

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of her Majesties privy Councill by John Blair agent for the kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwritten Mentioning That wher by the Lawes and acts of parliament no person not owning our authority and praying for our Royall persone and Government ought to preach or exercise any part of the Ministeriall function within this kingdome, And to doe in the Contrary Specially when the Same is done by way of Intrusion and to the disturbance of both the Church and Countrey is a high Cryme and to be severly punished; Likeas by the sixth act of the Fourth Session of the Parliament King William and Queen Mary all ministers and preachers are ordained to swear the oath of alledgance and subscrybe the same with the assurance otherwise Ministers provided to Kirks are to be deprived of their benefices and Stipends and preachers not provided to kirks are to be punished by Banishment Or otherwise as the Lords of her Majesties privy Councill shall think fitt Likeas by the 22 act of the 5th Session of the same parliament all intrusion, That is who intrudes themselves into any Church or shall exercise any part of the Ministeriall function within any paroch without ane orderly call and Legall Admission is discharged under the paines therincontained Nevertheless It is of verity That Mr John Taylor Sometime incumbent at Paisley doeth now of Late take upon him to preach and for that end hath sett up ane Meetting house in her Majesties Castle of Doun within the paroch of Kilmadock and ther preaches and exerces other parts of the Ministeriall function Notwithstanding he be not qualified by Swearing the Oath of Alledgance and Subscrybeing the Same with the assurance to her Majestie Nor doeth he pray for her Majestie as the Law Requyres and farther he brings assistants to help him in his forsaid exercise Viz Mr Walter Stirling sometime incumbent at Badeonoch Mr John Grahame some time incumbent at Auchterador Mr […] Cumming sometime incumbent at Libertoune and others all deprived by sentance of privy Councill and also not qualified to her Majesties Government as above And all this the said Mr John Taylor doeth by way of intrusione The said Church and paroch of Kilmadock haveing been these ten years and being now Legally and peaceably plainted till the said Mr John by his forsaid usurpation and intrusion hath occasioned great disturbance and disorders But in the paroch and Countrey as too notourly knowen By all which it is evident That the said Mr John is guilty airt and part of Usurpeing the Ministrie and exercise therof and intrudeing and not praying for her Majestie Contrair to Law Which being proven he not only Ought to be removed from the said paroch and discharged to preach and exerce any wher in time comeing But farder punished by Sentance of her Majesties privy Councill in his person and goods to the example and terror of others to Comitt the Like in time Comeing And Anent the Charge given to the said defender to have Compeared befor the saids Lords at ane at ane Certain 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 should find Just under the paine of Rebellion etc as in the said Lybell or Letters of Complaint and executiones therof at more Length is contained; Which Lybell being upon the Threttie day of September Last by past Called, and the said pursuer Compearing personally with the said Sir James Stewart her Majesties advocat for her highnes intrest; And the defender Compearing also personally at the Barr; And the Lybell being Read And both parties heard and removed The Lords of her Majesties privy Councill ² Allowed the first Councill day in November then nixt to come to the defender to Consider with himself; Whither or not he would qualifie himself to her Majestie by Swearing the Oath of alledgance and Signeing the Same with the assurance And in the mean time Discharged the said defender from preaching or exerceing any part of the Ministeriall function within any part of the paroch of Killmadock till the said day under the paines contained in the acts of parliament Therafter the said Lybell being again this day called And the pursuer Compearing personally at the Barr, And the defender being oft times called and not Compearing and the Lybell with the above interloquitor theron of the date the Threttie day of September Last being Read and Considered; The Lords of her Majesties privy Councill Have discharged and hereby Discharges the said Mr John Taylor defender from preaching or exerceing any part of the Ministeriall function within any part of the paroch of Killmadock in time comeing under the paines and penalties Contained in the acts of parliament made theranent And the saids Lords doe hereby Grant Certification against the said defender In Respect of his absence and not Compearance And Ordained 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 Mr John Taylor 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.