Decreet, 29 December 1698, Edinburgh

Att Edinburgh The second day of August J^aj vj^c nynty Eight years

A1698/8/4

A1698/8/4¹

Decreet

Decreet His Majesties Advocat against Mr George Hay

Anent The Letters or Lyble of Complaint Raised and pursued before his Majesties High Commissioner and 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 wher By the sixth act of the fourth session of this our Current parliament Entituled act for taking the oath of Aledgance and Assurance It is Statute and ordained That all ministers and preachers of the Gospell Whatsoever Swear the oath alledgance to his majestie and subscrive the same with the Assurance Certifieing such ministers as are provided to Kirks and shall Refuse the same should be deprived of their Benefices and Stipends. Yet nevertheless It is of verity That contrair to the said Act Mr George Hay pretended minister att Couper in Angus Continues and presumes to preach and Exerce the other pairts of the ministerial function without having Qualified himself Conform to the appointment of the said act. By Swearing the oath of Aledgance and subscriving the same with the Assurance wherby he hath Incurred the Certification Contained in the said act And ought to be deprived and Removed as use is, in such caices, And furder the said Mr George Hay hath not only since the days set by the acts of parliament for minsiters qualifieing themselves as said is Contemptuously continued To preach and Exerce his ministrie as off before But if need beis can be proven to be guilty of severall Irregularities such as disorderly baptizing and marrieing And also It is Informed That Ever since the happy Revolution The said Mr George Hay hes despised To Read the publict proclamations appointed by his majestie for observing of solemn days of fastings and Thanksgivings And still Continues In the paroch of Couper of Angus Infesting That Bounds To the great disquiet of the setled order and peace of this Church By all which it is Evident. That the said Mr George Hay ought to be deprived from his Benefice In the terms of the said Act. And ordained to Remove from Manse and Gleib within ane certan short space and never to Exerce his ministrie or any part of the ministerial Function within the said paroch or bounds thereof 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 personally before the saids Lords of privy councill at ane certain day 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 saids principall Letters or Lyble of Complaint with the Executiones thereof at more Length bears. Which Lyble Being this day called In presence of his majesties high Commissioner and Lords of his Majesties privy Councill, And The persuer and defender Compearing both personally, And the Lyble being read, The defender having acknowledged the same. His majesties high Commissioner and Lords of his majesties privy Councill. Having Considered the Lyble with the defenders acknowledgement. They Find the points and articles of the said Lyble sufficiently proven, And Therfore have deprived and heirby deprives The said Mr George Hay defender of his Benefice of the Kirk of Couper in Angus And declairs the same vacant, And have discharged and heirby discharges him to preach or Exercise any pairt of his ministeriall function within the said paroch, And have ordained and hairby ordains him to Remove from his manse and Gleib betwixt and the First day of november next to come. And ordains Letters of Horning under the signet of Councill to be direct against him upon Fifteen days To the Effect forsaid. And ordains the havers of the Keys of the said Kirk of Couper in Angus, To Exhibite and deliver up the same to the Moderator of the presbetrie within which the said Kirk Lyes. And ordains Letters to be direct heiron against the havers being designed by name Surname and designatione upon Fifteen days under the signet of Councill and others In forme as Effeirs.