Warrant, 21 December 1699, Edinburgh

Att Edinburgh The fourteenth day of November J^aj v^ic nynty nyne years

A1699/11/11

A1699/11/11¹

Decreet

Decreet His Majesties Advocate against Baillie Edie

Anent the Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocate For his highness Interest in the matter underwrittin. Making Mention That where by the Laws of God and man, Apostacy from the True Religion is a most heinous Crime, Likeas by the act of Parliament, James Sixth, Chapter i6th, It is Statute That persones going out off the Kingdom, Doe nothing against the True Religion under the pain of Barratrie and that within Twenty days after, their Return, They make Confession of their Faith as it is now Established or otherways devoyde the Kingdom within Fourty days thereafter or be pursued as adversaries to the Religion, And by the Act James the Sixth, Parliament Seventh, Chapter Ane Hundered and Fifth, It is Statute That no Subjects adversaries off or apostates from the True Religion Return to Remain within this Realm unless they obey the Law anent giveing their Confession of Faith under the pains therin mentioned, Likeas by severall other acts of Parliament, Trafficqueing papists are discharged and punishable under the pains theirin Contained as also by all Laws It is Statute, That all persones bear due Respect To magistrats in office, and That none behave Contemptiously and Insolently towards them under all highest pains Nevertheless It is of verity That David Edie Late Baillie of Aberdeen Shaking off all fear of God and Regaird to his Majesties authority and Laws hath most wickedly made apostacy and Forsaken the True Religion professed In this Realm, wherin he was born bred and Educat and wherof he made profession For many years and hath Turned ane Idolatrous Papist, Likeas Having gone abroad within these Three or Four years bygone to Flanders and other papish Countreys, he their avoued his said apostacy And Farder being Returned into this Kingdom within these four or Five moneths Continues In and Boasts off his said apostacy and Farder Turned a Trafficking papist, by writing and Sending off Severall Letters avouing his apostacy, As also Continues to Traffick for the mantaining and propogateing of the said papish Religion and Refuses to make Confession of the true Faith and Religion, Likeas being Seased and Brought before the magistrats of Aberdeen in the months of June or July last, after his said Returne For his forsaid apostacy and Traficking, He behaved most Contemptiously and Insolently towards them, Saying they acted Hoggan Moggan like but he Expected better tymes, Therupon Reflecting also upon his Majesties Government att the present tyme By all which he is guilty airt and pairt of apostacy From the True Religion, trafficking For the False papish Religion, and Reproaching the forsaids magistrats and his Majesties Government, which crimes or any one of them being proven he ought to be punished by the Lords of privy Councill with pains of Law with all rigour, To the Example and terror of others To Committ the like in tyme coming. And Anent the Charge given to the said Defender To have Compeared at ane certan day now bygone, To have answered to the grounds of the above Complaint and To have heard and seen such order and course taken thereanent as the saids Lords Should think Fitt under the pain of Rebellion and putting of him to the Horn with Certification etc as the said principall Lyble with the Executiones thereof at more length proports. Which lyble Being called upon the nynth of November Instant in presence of the saids Lords of his majesties privy Councill And The said Lord Advocate and Sir Patrick Home his Majesties Solicitor Compearing as persuers, and the said Baillie Edie Compearing also personally, who being Fully heard For himself at the Barr, and having acknowledged his apostacy Lybelled and That he wrote a Letter as he calls it off the reasons thereof to Skeen of Fintray, And Having seen the Letter which is written by way of Book, He acknowledged the same to be all written and Subscribed with his own hand, And the witnesses being all Lafully cited oftimes called and not Compearing. The saids Lords Having Considered both the Lyble and the defenders acknowledgement with severall parts of the Letter, Read in their presence, They Committed the said Baillie Aedie To the Tolbooth of Edinburgh, therein to Remain prisoner during the Councills pleasure. And Thereafter being this day called in the saids Lords of his majesties privy Councill their presence and they having called For Baillie Edie in Aberdeen and haveing brought him from prison To the Councill Barr, They heirby Find the Lyble proven against him as to the Changing of his Religion from Protestant to papist and his writing Letters For Seduceing others, and That by his own Confession and the Letter Read in presence of the saids Lords att there Former Sederunt and then owned by him to be written and Subscrived by himself, And Therfore the saids Lords Have Banished and heirby Banishes the said David Edie laite Baillie att Aberdeen Furth of this Kingdom off Scotland, And ordaines him to depairt furth of the Same within Fourty next after the date heirof, and discharges him to Return within the same without his Majestie or the Councills warrant for that Effect, and gives order and warrand To the magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the said David Edie at liberty Furth thereof in order to his Banishment, The said Baillie Edie First before his liberation Inacting him self in the Books of his majesties privy Councill, That he shall Transport himself Furth of this Kingdom within Fourty days next after the date heirof and not Return without his Majestie or the Councills warrand under the penalty of ane Thousand merks.