Act, 12 March 1705, Edinburgh

Att Edinburgh the Fyfteinth day of February J^aj vij^c and fyve years

A1705/2/20

A1705/2/20¹

Decreet

Decreet of Suspension The Agent for the Kirk against Doctor Waddell

Anent the Letters of Suspensione raised and purchased befor the Lords of her Majesties Privie Counsell at the instance of Doctor Richard Waddell late Archdean of St Andrews, Mentioneing That wher the Said Complainer is lately charged by vertue of Letters of horning raised at the instance of John Blair Agent for the Kirk; with concourse of her Majesties Advocat, To remove furth and from the Town and parishine of St Andrews, And not to returne therto, or reside in any pairt within the Same, And that in obedience to ane decreet of Counsell pronounced against him In anno J^aj vi^c nyntie one, Within ane certaine Short Space nixt after the chanrge, wnder the paine of rebellion and putting of him to the horne, and for his alleadged disobedience, the said charger, hes at least intends to denounce the said Complainer her Majesties rebell, and putt him to the horne, most wrongeously and wnjustly, Considering it is of veritie that the pretended decreit, wherwpon the Complainer was charged, being ane decreit of banishment in anno J^aj vi^c nyntie one, the Samen is taken off by her Majesties late gracious Generall Indemnitie, And whatever might have been alleadged against the Complainer befor, Yet his very enemyes could not accuse him of the least disloyaltie to her Majestie (whom he prayers, God Long preserve) Since her happie accession to the throne, and as a demonstration of his Loyalltie and good affection to her Majesties Royall persone and Government, He was one of the first, who at her Majesties accession to the Throne, did address her, And hath hitherto continued in all dutifull Submission and obedience to her Majestie, And resolves So to doe, as in dutie he reckons himselfe bound, And therfor the Said pretended Letters and charge ought to be Suspended; And Anent the charge given to the said John Blair Charger To have Compeared befor the Lords of her Majesties Privie Counsell at a certaine now bypast To have heard and Seen the Said decreit, haill effect and execution therof Suspended wpon the Complainer in tyme comeing, As the Saids Letters of Suspension bears, The which proces at the instance of John Blair Agent for the Kirk against Mr Richard Waddell late Archdean of St Andrews being the 8 instant Called, and the persewer Compearing, and the defender being absent though oft tymes called, The Lords of her Majesties Privie Counsell assignes the fyfteinth day of February instant to the defender to Compeir with certification etc Therafter wpon the day and date of thir presents the said proces at the instance of John Blair Agent for the Kirk Against Mr Richard Waddell late Arch-dean of St Andrews being called, And the charge and the Suspension putt in the Clerks hands, and pairties Compearing at the barr, And answers for the said Mr Richard Waddell Suspender being read, and the Lord Justice Clerk haveing desyred of the Lord Chancellor that Sir Patrick Home Advocat for the Suspender might Signe his answers, which he refuseing to doe, pairties wer removed, and after Some reasoning theron, pairties being Called in, the said Sir Patrick was again by the Lord Chancellor desyred either to Signe the Saids answers, or to withdraw them, Which he refuseing, But the Said Mr Richard Waddell withdrawing them himselfe, pairties Advocats wer heard verbally att the barr debate wpon the matter, And removed, The Lords of her Majesties Privie Counsell haveing considered the forsaid charge and Suspension therof with the debate made by the Advocats theron, They Repell the reasons of Suspension in respect, of the answers made therto, And Finds the Letters orderly proceeded Against the Suspender, and ordains the Same to be putt to further execution In all poynts.