Warrant, 31 December 1695, Edinburgh

At Edinburgh thursday the tuelth day of December J^aj vj^c nynty and fyve years

A1695/12/14

A1695/12/14¹

Decreet

Decreet Lord Advocat q. Mr Barkly and Peterheid etc

In the Lybell or Letters of Complaint purchased and raised before the Lords of privie Councill at the instance of his majesties right trustie and welbeloved Sir James Stueart his majesties Advocat for his Highness interest in the matter underwrytten as also haveing ordor from the Lords of his majesties privy Councill for that effect That where by the sexth act of the parliament J^aj vj^c nynty and three years intituled act for takeing the oath of alleadgeance and assureance It is statute and ordained That all preachers and ministers of the Gospell als weill as the other persons mentioned in the said act swear the oath of alleadgeance and subscryve the same with the assureance as they are subjoyned to the said act and that betwixt and the tuenty day of June in the year foresaid Which day for the said preachers and ministers was by the thretty seventh act of the same parliament prorogate to the tenth of July then next to come ordaining them to give obedience to the foresaid act betwixt and the said day peremptorie And because that many of the said Preachers and ministers did notwithstanding of the foresaid act and the dayes therein assigned neglect or delay to take and swear the foresaid oath of alleadgeance and subscryve the same with the assureance it pleased his Majestie with advyse and Consent of the Estates of parliament by ane other act of the sexteenth of July Last to allow all ministers that were at the tyme of his majesties happy accession to the Croun and Have since continowed actuall ministers in particular Paroches and noe sentance of deposition or deprivatione past against them and who had not qualified themselves conforme to the foresaid acts J^aj vj^c nynty and three years a new and farder day viz the first of September Last bypast to come in and take the said oath of alleadgeance and to subscryve the same with the assureance betwixt and the said day in maner therein prescribed with certificatione That such of the said ministers as should not come in betwixt and the said day are thereby and by the force of the said act ipso facto deprived of ther respective kirks and Stipends and the same declared vaccant without any farder Sentance, as the said act of parliament bears Nevertheless it of verity That Master Alexander Barklay Minister at Peterhead contemneing his majesties authority and Laws and abuseing the forbearance and Indulgence showed to Him In this matter have not come in and taken the said oath of alleadgeance and subscryved the same with the assureance betwixt and the said first day of September now bypast conforme to the appoyntment of the said Last act and therby Have incurred the certificatione thereof and therefore He being ipso facto depryved of his kirk and stipend and the same declared vaccant as said is He aught to be decerned to remove from his kirk manse and gleib and that betwixt and a short day to be given for that effect as also He aught to be discharged for hereafter to exercise any part of his ministeriall functione within his said paroch under the paine of banishment And anent the charge given to the said defender To have compeared before the said Lords of privy Councill at ane certaine day bygane To have answered to the said Complaint And to have heared and seen such ordor and Course taken thereanent as they shall find just under the paine of Rebellione and putting of him to the Horne with certificatione etc as in the principall Letters or Lybell of Complaint raised in the said matter at more Lenth is contained Which Lybell or Letters of Complaint being this day called in presence of the said Lords of his Majesties privy Councill and His majesties Advocat and Sir James Oglivie his Majesties Sollicitor Compearing personally for his majesties interest as pursuers and the said Mr Alexander Barklay defender Compearing also personally He acknowledged in face of Councill That he hes not taken the said oath of alleadgeance and assureance as is appoynted by the act of parliament And therfore the Councill depryves the said Master Alexander Barklay from his kirk and benefice as minister of Peterhead and Declairs the said kirk of Peterhead vaccant and Discharges Him to exercise any part of the ministeriall functione within the said paroch and ordains Him to remove from the manse and gleib thereof and to leave the same void and redd betwixt and the fyfteen day of may next to come under the paine of banishment And ordaines Letters of Horneing on fyfteen dayes and others needfull to be direct hereupon under the Signet of Councill in forme as effeires