Decreet, 18 January 1704, Edinburgh

Procedure, 19 December 1704, Edinburgh

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/391

Decreet

Decreit The Agent for the Kirk againest Sir James Strachan

Anent The Lyble or Letters off Complaint Raised and persewed Befoire the Lords of Her Majesties privie Councill at the Instance off 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 Laws of this and all other weell governed Realms The soveraigne authority is to be obeyed and submitted to and their sentances observed and accquiessced in specially as to the Deprivation off Ministers for their disaffection to the Government as also that by the Act off parliament Jaj vjc and Nynty three years non ought to Exercise the Ministeriall Function or presume to preach within this realme who are not duely qualified by swearing the oath off alleadgence and subscriving the same with the assurance under the paine off Deprivatione and other paines contained in the said Act Lykeas By the 22d Act of parliament 1695 Intrudeing into Churches or paroches without a legall Call and admissione Is most strictly prohibit Nevertheless It is off verity That Sir James Strachan of Thorntoun sometyme Incumbant at the Kirk of Keith, Haveing been by a sentence off Her Majesties privy Councill Depryved off the said Kirk, steipend and benefite and ordained to remove from the said paroch and noe more to Exerce, any pairt off the Ministeriall Function within the same was accordingly removed and as is nottourly knowen Did also Joyn with the Rebells in the late Insurrection in the year Jaj vjc and Eighty Nyne and Jaj vjc and Nynty yet now after his presumed To Return and Intrude himself upon the said paroch of Keith and Exerce the Ministeriall function there tho now the same be regularly planted Lykeas he hath formed and Endevoured to procure a Call for him self to be subscrybed by such as will Comply therwith according to a Draught therof put in the Clerks off Her Majesties privie Councill their hands wherin he Manyfistly reflects upon the present Establishment Conterary to the Laws and Acts off parliament By all which he is guilty airt and pairt off Despysing and Continuing the sentence of Deprivation past againest him by the Lords off Her Majesties privie Councill As also of Contraveening the forsaid Acts of parliament against unqalefied preachers and Intruders Which being proven againest him He ought not only to be removed from the said paroch and dischairged in any sort to molest the same But Lykewayes punished for his said Contempt usurpation and Intrusion As the Lords of Her Majesties privie Councill shall think fit to the Example and terror off others To Committ the lyke in tyme Comeing And annent the Chairge given to the said Sir James Strachen Defender To have Compeired befoir the Lords off Her Majesties privie Councill at ane certain day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken therannent As the saids Lords off privie Councill shall think fit under the paine off Rebellion and putting off him to the horne As in the Lyble or Letters of Complaint2 and Executiones therof at more length is contained Which Lybell Being upon the day and date of thir presents Called And the persewar Compeiring personally with Sir James Steuart Her Majesties Advocat And the defender being oft tymes Called not Compeiring though Laufully cited The Lords of Her Majesties privy Councill Grants certificatione againest the said Sir James Strachan defender And ordaines Letters of Denounciation To be direct to Macers or Messengers at armes To pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely laufully and orderly Denounce him Her Majesties Rebell and put him to Her Majesties horne Escheat and inbring all his moveable goods and gear to Her Majesties use for his contempt and disobedience.

Att Edinburgh the Eighteen day of January Jaj vijc and Four years

A1704/1/391

Decreet

Decreit The Agent for the Kirk againest Sir James Strachan

Anent The Lyble or Letters off Complaint Raised and persewed Befoire the Lords of Her Majesties privie Councill at the Instance off 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 Laws of this and all other weell governed Realms The soveraigne authority is to be obeyed and submitted to and their sentances observed and accquiessced in specially as to the Deprivation off Ministers for their disaffection to the Government as also that by the Act off parliament Jaj vjc and Nynty three years non ought to Exercise the Ministeriall Function or presume to preach within this realme who are not duely qualified by swearing the oath off alleadgence and subscriving the same with the assurance under the paine off Deprivatione and other paines contained in the said Act Lykeas By the 22d Act of parliament 1695 Intrudeing into Churches or paroches without a legall Call and admissione Is most strictly prohibit Nevertheless It is off verity That Sir James Strachan of Thorntoun sometyme Incumbant at the Kirk of Keith, Haveing been by a sentence off Her Majesties privy Councill Depryved off the said Kirk, steipend and benefite and ordained to remove from the said paroch and noe more to Exerce, any pairt off the Ministeriall Function within the same was accordingly removed and as is nottourly knowen Did also Joyn with the Rebells in the late Insurrection in the year Jaj vjc and Eighty Nyne and Jaj vjc and Nynty yet now after his presumed To Return and Intrude himself upon the said paroch of Keith and Exerce the Ministeriall function there tho now the same be regularly planted Lykeas he hath formed and Endevoured to procure a Call for him self to be subscrybed by such as will Comply therwith according to a Draught therof put in the Clerks off Her Majesties privie Councill their hands wherin he Manyfistly reflects upon the present Establishment Conterary to the Laws and Acts off parliament By all which he is guilty airt and pairt off Despysing and Continuing the sentence of Deprivation past againest him by the Lords off Her Majesties privie Councill As also of Contraveening the forsaid Acts of parliament against unqalefied preachers and Intruders Which being proven againest him He ought not only to be removed from the said paroch and dischairged in any sort to molest the same But Lykewayes punished for his said Contempt usurpation and Intrusion As the Lords of Her Majesties privie Councill shall think fit to the Example and terror off others To Committ the lyke in tyme Comeing And annent the Chairge given to the said Sir James Strachen Defender To have Compeired befoir the Lords off Her Majesties privie Councill at ane certain day now by gone To have answered to the forsaid Complaint And to have heard and seen such order and Course taken therannent As the saids Lords off privie Councill shall think fit under the paine off Rebellion and putting off him to the horne As in the Lyble or Letters of Complaint2 and Executiones therof at more length is contained Which Lybell Being upon the day and date of thir presents Called And the persewar Compeiring personally with Sir James Steuart Her Majesties Advocat And the defender being oft tymes Called not Compeiring though Laufully cited The Lords of Her Majesties privy Councill Grants certificatione againest the said Sir James Strachan defender And ordaines Letters of Denounciation To be direct to Macers or Messengers at armes To pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely laufully and orderly Denounce him Her Majesties Rebell and put him to Her Majesties horne Escheat and inbring all his moveable goods and gear to Her Majesties use for his contempt and disobedience.

1. NRS, PC1/53, 130-1.

2. Insertion.

1. NRS, PC1/53, 130-1.

2. Insertion.