Act, 27 December 1694, Edinburgh

Edinburgh the twelth day of Jully J^aj vj^c nyntie four years

D1694/7/9

D1694/7/9¹

Decreet

Decreit The Presbytrie of Kirkaldie Against The Heritors of Saline kirk.

In the Letters or Complaint intented and pursued before the Lords of their Majesties privy Councill at the instance of Mr James Inglis moderator of the United presbytries of Kirkaldie and Dumfermling Robert Moodie of Barnehill one of the heritors of the parochin of Saline John Blair agent for the Kirk and Sir James Stewart their Majesties advocat for their highnes intrest in the matter underwritten Making Mention That wher ² the Church being setled by act of Parliament J^aj vj^c nyntie under presbyterian Government and by another act of Parliament J^aj vj^c nyntie thrie It is statute that the Lords of their majesties privy Councill and all other magistrates Judges and officers of Justice should give all due assistance for makeing the sentances and Censures of the Church, and Judicatories therof to be obeyed Or otherwayes effectuall as accords, So that it is without all questione That it is the dutie of all their majesties leidges to acquiess in the Sentances of the Church Judicatories to Obey and Comply with ther orders in Church matters and in no caice to resist them by force, or violently invade and possess kirkes to the exclusione of these sent by the presbytrie to preach ther the time of vaccancy or to disturb the assemblies mett to hear such preachers as are duely sent by the saids presbytries or to vex or oppress these that endeavor to have vaccant kirks made patent to the presbytries orders Which things if permitted do tend visiblie to bring both Church and kingdome into Confusione Nevertheless It is of verity that Mr John Johnstone sometime minister at the kirk of Saline haveing been deposed in the year J^aj vj^c nyntie by the Presbytrie of Dumfermling and for severall moneths therafter accquissed in the said sentance in which time the presbytrie did send and supply the vaccancie and the minister sent did preach quyetly in the Church without any Oppositione, yet therafter the persones following viz the said Mr Johnstone James Merer of Kirkland, William Hally of Neither Kinneder William Colzier of Halcroft James Sturgein of Miltoune Patrick Bennet of Borland John Gray portioner of Balgower James Gray of Weildsmylnes John Rolland tennent in Blacksaline with their Complices did not only hinder the plainting of the said kirk by the presbytrie But alsoe did forbid access and oppose with armes such as were duely sent ther to preach both on sabath and fast dayes refuseing to deliver up the keyes of the Church doors to the Presbytrie tho requyred therto Conforme to act of Councill as also the saids persones and their accomplices have diforced and rabled the presbytries officers sent to cite the authors of the said disorders threatning them with death If they offered to proceid in that matter In so farr as primo Ther haveing been ane generall solemne fast appointed to be keept the first Thursday of the year J^aj vj^c nyntie one and the said presbytrie haveing at the desyre of the said paroch sent on Mr Thomas Castlaw to preach to them the sabath before the fast and on the fast day, The said Mr Castlaw came to the paroch upon the Saturday before which the persones above named and ther accomplices understanding did Gather on saturdayes night and seaze upon the kirk and Guard the same all night with men and armes and when Mr Castlaw came to preach the nixt day They in a violent maner refused him access tho he shewed them the presbytries order, and that he was sent to intimate and Celebrat the fast and when Mr Castlaw throw their violence was forced to preach both the saids dayes in Killernie hall They by force detained such as were comeing to hear him throwing some of them over the Church yeard dyke to the disjoynting of their bones, And in one or Other of the nights of these two dayes young men wer hounded out to Burnesyde wher the minister used to lodge, and ther shott severall times Gunes and pistolls to affright and disturb him and the paroch Secundo when John Thomsone ane elder of the paroch was sent by the presbytrie to Kirkland who hade the keyes of the kirk about the tenth of January J^aj vj^c nyntie one to Requyre him in the Councills name to give up the same by way of Instrument he refused to doe it, Tertio the said Mr Johnstoune deposed as said is being incouraged by these insolencies returnes about May J^aj vj^c nyntie one to preach first in his oun house And then in the Kirk Imploying one Lindzay a deprived minister and nowayes qualified in Law to Baptize and mary for him untill he at length hade the boldnes to doe it himself Quarto when about December J^aj vj^c nyntie two The presbytrie at the desyre of the parishioners sent Mr James Frazer minister at Culross to goe and preach in the said Church and endeavor the setling and plainting therof, and when he in order therto Craved a Comuneing with the persones disaffected this was not only refused But sent a minaceing letter threatning him with mischeif if he came ther as the letter signed by Kirkland and Halcroft ready to be produced will testifie; Quinto when the presbytrie did about August J^aj vj^c nyntie thrie send the said Mr James Frazer Mr Robert Eliot minister at Kinglassie and the Laird of Inchdairny to endeavor of new ane accomodatione The most part of the heritors mett with them and declaired ther willingnes that the presbytrie should supply them, and Kirkland also promised to make the kirk Patent to any the presbytrie should send Wherupon the presbytrie sent Mr Alexander Steidman to preach ther about the lenth of September therafter but when he came with Severall heritors and elders to enter the Church The fornamed persones with their Complices hade seized the same and denyed them access, The forsaid Halcroft told them from within the Church that Mr Steidman should not preach ther that day, But he would keep the Church against the presbytrie and any they should send, as instruments taken theron will testifie And when Mr Steidman was by them forced to preach in the Church yeard they disturbed the assemblie from the Church with their Crying and singing and about the same time Mr Johnstone deposed as said is, went to Halcroft and Baptized And therafter upon the seventeinth of september J^aj vj^c nyntie thrie years returnes to the Church and usurps the pulpit, and since that time continues to exerce as if not deposed Sexto when the presbytrie at the desyre of the paroch Craveing a visitatione of their kirk and manse both turned ruinous did the fourteinth day of June last Give Warrand to Mr William Inness minister at Carnock to goe and preach at the said Kirk of Saline the seventeinth day of June Last Mr William comeing ther found the kirk doors shutt and the kirk guarded within And the saids James Mercer of Kirkland and John Rolland did from within absolutely refuse to give him access as ane executione theron testifies And lastly when the parishioners of Saline foreseeing what might happen on Sunday the said seventeinth then instant did one the frayday before send some to keep the kirk untill the Sabbath, The Cry did presently ryss among the Other partie, and they did Gather about the kirk and when a boy called James Tulloch in Sandidubb was bringing something to these in the kirk The forsaid John Rolland and his sone with two Guns pursued the boy and fyred at him wounding him with the shott By all which it is evident that the haill fornamed persones are guilty of manifast disorders contempts and violences at least airt and pairt therof For which they ought to be severly punished in their persones and goods to the example and terror of others to Comitt the Like in time comeing as also the said Kirkland and others havers of the keyes should be ordered to give up the same to the presbytrie and the forsaid mr Johnstone deposed as said is Comanded to desist and Decerned to remove from the Manse and Gleib according to Justice etc And Anent the Charge given to the haill fornamed persones defenders To have Compeired before the saids Lords of their majesties privy Councill personally To have answered to the points of the abovewritten Complaint and to have heard and seen such order and Course taken theranent as the saids Lords should think fitt, as the principall letters or Complaint raised in the said matter with the executione therof more fully bears Which letters or Complaint being upon the Tenth of Jully instant Called in presence of the Lords of their majesties privy Councill And the pursuers Compeiring personally with Sir James Ogilvie and Mr William Baillie Advocats ther procurators, and the defenders Compeiring alsoe personally (except William Coalzier of Halcroft) and Sir Patrick Home and Mr Hew Dalrymple Mr William Hoge advocats Compeiring as procurators for thee defenders, The Lybell and answers therto made be Mr John Johnstone James Mercer of Kirland and severall other heritors of Saline Parish and alsoe the answers made for William Hally being both read and both parties fully heard, The pursuers Advocats produced a paper unsubscrived and wanting date, Which he alledged is the paper given in be Mr Johnstone to the Presbytrie of Kirkaldie Which he Calls ane appeall, and Mr Johnstone haveing taken inspectione of the said paper at the Councill barr, Declaired the same to be his handwritt and that he did give it in to the presbytrie and Cannot say that he gave in any other paper, The saids Lords haveing Considered the said Lybell and answers and heard both parties advocats They admitted the Lybell to probatione and the witnesses being all present at the barr save one and haveing made faith The Councill appoynted a Comittie for examineing the witnesses and for Considering the haill process and writtes produced ³or which shall be produced And which Committie haveing accordingly mett and made ther report verbally to the Councill That the parties are agreed, and that the defenders following viz the saids Mr John Johnstone William Hally James Mercer, James Morgan Patrick Bennet John Rolland John Gray and James Gray have signed a bond dated the Eleventh of Jully instant Wherby Mr Johnstone is oblidged To Remove from the Mass and Gleib of Saline betwixt and Mertimiss nixt and not to exerce any part of the ministeriall functione within the said parish therof after the date of the bond and the heritors and parishioners are to deliver the keyes of the kirk of Saline to the presbytrie of Dumfermling That any minister sent be them to supply the vaccancie or orderly called to the Church may have access therto, and furder have Oblidged them not to Impose any minister to preach in the said Church without the presbytries order and which bond is in the hands of the Clerks of privy Councill The saids Lords of their Majesties Privy Councill haveing Considered the above verball report with the above bond subscribed by the defenders particularly abovenamed They heirby Ordaine and appoint the said bond to lye still and Continue in their saids Clerks hands, and Ordaines dilligence and executione to pass upon the said bond at the instance of the moderator of the said Presbytrie or his successers in office or any other they shall appoint and In Respect of the said bond and for the queit of the said parish of Saline The saids Lords Doe heirby Discharge all ryots and disorders Committed be any of the said parties against others preceiding the date heirof and all process if any be intended or depending theranent And that either before the Councill or any other Judicatorie In Relatione to the matter above Lybelled or to the said kirk and ministers appointed to preach therat: And Declaires both parties quytt therof and free therfrae in all time comeing.