Procedure, 19 December 1704, Edinburgh

Att Edinburgh the Eighteen day of January J^aj vij^c and Four years

A1704/1/40

A1704/1/40¹

Decreet

Decreit The agent for the Kirk againest Mr James Hendersone

Anent The Lybell or Letters of Complaint Raised and persewed Befoir the Lords of Her Majesties privie Councill at the instance of John Blair Agent for the Kirk With Concourse of Sir James Steuart Her Majesties Advocat for Her highness intrest in the matter underwrittin Mentioning That where By the Act of parliament 1693, Intituled Act for takeing the oath of alleadgence and subscryveing the same with the assurance subjoyned to the said Act in manner therin set doun With Certification That Ministers provyded to Kirks Exercing without being qualefied as above should be depryved of their Benefices or Stipends and preachers not provyed to Kirks should be punished By Banishment or other wayes As the Lords of Her Majesties privie Councill shall think fit Lykeas By the Act of parliament 1695 Entituled Act annent Intruding into Churches all Intruders ought to be Removed and farder such as doe not pray for us as Queen off this Realme ought to be Depryved Nevertheless It is off verity That Master James Henderson sometyme Minister at Desfoord, and who in November 1689, was Depryved by sentance of Councill by reasone of his disafection to the Government Hath now of late in the moneth off March, Appryll, and ensewing moneths of this year presumed to Intrude himself in ane off the Kirks off the Toun and paroch off Elgine And there to preach and Exerce other pairts of the Ministeriall function Notwithstanding that he stands depryved as said is and hath not at all qualefied himself By swearing the oath off alleadgence to Her Majestie and subscryveing the same with the assurance As Lykewayes That the saids Kirks and paroch off Elgine and duely planted with Two Ministers Regularly and legally admitted And Farder The said Master James prayes not for us as Rightfull Queen of this Realme By which he is guilty airt and pairt off the transgressing off the saids Laws and the Contempt off the Lords off Her Majesties privie Councill sentance and authority and oft manyfast disafection to Her Majesties Government All which being proven He ought to be removed by sentance off Her Majesties privie Councill from the said paroch off Elgine and farder punished by Banishment or otherwayes in his person and Goods As the Lords off Her Majesties privy Councill shall see cause To the example and terror off others to Commit the lyke in tyme Comeing And annent the Chairge given to the said Mr James Henderson Defender To have Compeired befoir the Lords off Her Majesties privie Councill at ane certaine day now by past To have answered to the forsaid Complaint and to have heard and seen such order and Course taken thereanent As the saids Lords off Her Majesties privie Councill shall think fitt under the pain off Rebellion and putting of him to the horn As in the Lyble or Letters off Complaint and Executiones therof at more length is Contained Which Lyble Being upon the day and date off thir presents Called And the persewar Compeiring personally at the barr with Sir James Steuart Her Majesties Advocat And the said Defender being oft tymes Called and not Compeiring though Laufully cited To have Compeired The Lords of Her Majesties privy Councill Grants Certefication againest the said Mr James Henderson defender And ordaines Letters of Denunciation to be Direct to Macers or Messengers at armes To pass to the Mercat cross off […] and other places needfull And there In Her Majesties name and authority duely Laufully and orderly Denunce him Her Majesties Rebells and put him to Her Highness horn Escheat and Inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience.