Decreet, 20 March 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/331

Decreet

Decreet of Certification The Agent for the Kirk Against Mr John Mcmillan and others

Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties Privie Councell at the instance of John Blair Agent for the Kirk with concourse of Sir James Steuart her Majesties Advocat for her highness Interest in the matter underwrytten Makeing mention That wher by the Laws of this and all other well Governed realms all men ought to live peaceably and orderly in due obedience and Subjection to publict authority, And to the Judicaturs both civill and Ecclesiastick, and particularly Ministers deposed by Sentence and Sensure of the Church ought to acquiesce therto, And by the twentie third Act of parliament Jaj vijc nyntie three, It’s Statute and ordained that the Lords of Privie Councell and all other Magistrats, Judges and officers of Justice, Give all due assistance for makeing the Sentences and Sencurs of the Church, and Judicaturs therof to be obeyed, or otherwayes effectuall as accords, Lykeas by severall acts of parliament all wnlawfull Convocations especiallie in armes, and for disordering the publict peace and quyet, are Strictly prohibite, But aboe all for a Minister deposed by Sentence of the Church, To disobey the Same, and offer to keep possession of his Church by keeping wp the keyes therof from the presbetrie, and by offerring to continue and mantaine the possession therof by wnlawfull convocations and violent resistance to authoritie and good order, Is a great and hynous cryme both in the Minister, and all that concurr or partake with him in that wnlawfull practise; Nevertheless it is of veritie that Mr John Mcmillan Sometyme Minister at Ballmagie haveing been deposed by the Sentence and Sensure from his said Ministrie Conforme to the Sentence pronounced against him theranent doth presumptuously refuse to Submitt to the said Sentence, bot keeps both the possession and keyes of the said kirk, and exercises still his Ministeriall function in the said kirk and parish contrary to the forsaid Sentence and deposition, And to fortifie himselfe in the said irregular practise against the authority of the Church, and the presbetrie of the bounds, Doth Convocat the leidges to his assistance, and by the forsaid illegall convocation opposes the order of the presbetrie and fortifies himselfe in the possession of the said Church, and in his obstinat opposition to the authorities of both Church and presbetrie; Lykeas David Shennan In Pallseck, John Gordon in Quintinespie, John McCairtney elder, William McCairtney in Crea, James Rea in Duchra, John Corsan in Clanchanpluck, John Geddes in […] Hugh Mitchell, George Mcguffock in […] John Cuming in Barnboord and John Murdoch all in the parioch of Ballmagie, and Alexander Mcgie of Slogarie, Doe concurr with him therin, and are the principall promotters and Ring leaders of the said wnlawfull Convocations, as also Livt Collonell William Maxwell of Cardinnes, John Maxwell of Midlebie and Thomas Mcgie of Slogarie, the Tutors and Curators of the Laird of Ballmagie Patron of the said Kirk, Doe manifastly coninve at the saids disorders by Sufferring the said Mr John Mcmillan to possess the said Church, and retaine the keyes therof, And oppose the presbetrie by the forsaid wnlawfull Convocation, By all which it is evident that the said Mr John Mcmillan, and also the said David Dannan, John Gordon, John McCairtney elder in […] William McCairtney in Crea George Mcguffock, John Cuming, John Murdoch, James Rae in Duchra, John Corsan in Clachenpluck John Geddes Hugh Mitchell in […] and Alexander Mcgie his said accomplices are all and each of them guilty, airt and pairt of a great disorder, and wnlawfull Convocations contrary to good order, and the quyet and peace of this Church and Kingdome, as also that the forsaids persons Tutors and Curators to the said Laird of Ballmagie, are guilty airt and pairt of ane wnlawfull Connivance att and neglect of ther duty for repressing the saids disorders, which being found by a Sentence of the Lords of her Majesties Privie Councell, They and all of them ought to be punished in ther persons and goods according to ther respective deserveings, And the said Mr John Mcmillan in particular Decerned to give up the keyes, and quyte the possession of the said Kirk and Manse therof, and remove from the said parish, And to Sease from his Saids disorders, or otherwayes to be banished furth of the Kingdome to the example and terror of others to committ the lyke in tyme comeing, And Anent the charge given to the foirnamed persons defenders to have Compeared befor the Saids Lords of Privie Councell To have answered to the forsaid Complaint, and to have heard and Seen Such order and course taken theranent as appertains with certification etc as the saids Letters and Complaint with the executions therof bears; The said Lybell at the instance of John Blair Agent to the Kirk Against the saids Mr John Mcmillan Sometyme Minister at Ballmagie, David Shennan in Polseck, John Gordon in Quintinespie, William McCairtney in Crea, James Rea in Duchra, John Corsan in Clachanpluck, John Geddes in Drumglass, Hugh Mitchell in Quintinespie, George Mcguffock in Drumbean and John Cuming in Barnbord, Being Called, And the said persewer Compearing personallie at the barr, and the saids defenders being absent to Lawfully cited and oft tymes Called, The saids Lords of her Majesties Privie Councell Doe heirby Grant Certification against the saids defenders, and ordains letters of denounciation to be direct heirupon to Meacers or Messengers att armes to pass to the Mercat Cross of […] and other places needfull, and ther in her Majesties name and authoritie Duly Lawfullie and orderly Denounce the saids defenders her Majesties rebells, and putt them to her highness horne, Escheat and inbring all ther moveable goods and gear to her Majesties use, for ther contempt and disobedience.

Att Edinburgh the Twentieth day of March Jaj vijc and six years. Councell Called extraordinary

A1706/3/331

Decreet

Decreet of Certification The Agent for the Kirk Against Mr John Mcmillan and others

Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties Privie Councell at the instance of John Blair Agent for the Kirk with concourse of Sir James Steuart her Majesties Advocat for her highness Interest in the matter underwrytten Makeing mention That wher by the Laws of this and all other well Governed realms all men ought to live peaceably and orderly in due obedience and Subjection to publict authority, And to the Judicaturs both civill and Ecclesiastick, and particularly Ministers deposed by Sentence and Sensure of the Church ought to acquiesce therto, And by the twentie third Act of parliament Jaj vijc nyntie three, It’s Statute and ordained that the Lords of Privie Councell and all other Magistrats, Judges and officers of Justice, Give all due assistance for makeing the Sentences and Sencurs of the Church, and Judicaturs therof to be obeyed, or otherwayes effectuall as accords, Lykeas by severall acts of parliament all wnlawfull Convocations especiallie in armes, and for disordering the publict peace and quyet, are Strictly prohibite, But aboe all for a Minister deposed by Sentence of the Church, To disobey the Same, and offer to keep possession of his Church by keeping wp the keyes therof from the presbetrie, and by offerring to continue and mantaine the possession therof by wnlawfull convocations and violent resistance to authoritie and good order, Is a great and hynous cryme both in the Minister, and all that concurr or partake with him in that wnlawfull practise; Nevertheless it is of veritie that Mr John Mcmillan Sometyme Minister at Ballmagie haveing been deposed by the Sentence and Sensure from his said Ministrie Conforme to the Sentence pronounced against him theranent doth presumptuously refuse to Submitt to the said Sentence, bot keeps both the possession and keyes of the said kirk, and exercises still his Ministeriall function in the said kirk and parish contrary to the forsaid Sentence and deposition, And to fortifie himselfe in the said irregular practise against the authority of the Church, and the presbetrie of the bounds, Doth Convocat the leidges to his assistance, and by the forsaid illegall convocation opposes the order of the presbetrie and fortifies himselfe in the possession of the said Church, and in his obstinat opposition to the authorities of both Church and presbetrie; Lykeas David Shennan In Pallseck, John Gordon in Quintinespie, John McCairtney elder, William McCairtney in Crea, James Rea in Duchra, John Corsan in Clanchanpluck, John Geddes in […] Hugh Mitchell, George Mcguffock in […] John Cuming in Barnboord and John Murdoch all in the parioch of Ballmagie, and Alexander Mcgie of Slogarie, Doe concurr with him therin, and are the principall promotters and Ring leaders of the said wnlawfull Convocations, as also Livt Collonell William Maxwell of Cardinnes, John Maxwell of Midlebie and Thomas Mcgie of Slogarie, the Tutors and Curators of the Laird of Ballmagie Patron of the said Kirk, Doe manifastly coninve at the saids disorders by Sufferring the said Mr John Mcmillan to possess the said Church, and retaine the keyes therof, And oppose the presbetrie by the forsaid wnlawfull Convocation, By all which it is evident that the said Mr John Mcmillan, and also the said David Dannan, John Gordon, John McCairtney elder in […] William McCairtney in Crea George Mcguffock, John Cuming, John Murdoch, James Rae in Duchra, John Corsan in Clachenpluck John Geddes Hugh Mitchell in […] and Alexander Mcgie his said accomplices are all and each of them guilty, airt and pairt of a great disorder, and wnlawfull Convocations contrary to good order, and the quyet and peace of this Church and Kingdome, as also that the forsaids persons Tutors and Curators to the said Laird of Ballmagie, are guilty airt and pairt of ane wnlawfull Connivance att and neglect of ther duty for repressing the saids disorders, which being found by a Sentence of the Lords of her Majesties Privie Councell, They and all of them ought to be punished in ther persons and goods according to ther respective deserveings, And the said Mr John Mcmillan in particular Decerned to give up the keyes, and quyte the possession of the said Kirk and Manse therof, and remove from the said parish, And to Sease from his Saids disorders, or otherwayes to be banished furth of the Kingdome to the example and terror of others to committ the lyke in tyme comeing, And Anent the charge given to the foirnamed persons defenders to have Compeared befor the Saids Lords of Privie Councell To have answered to the forsaid Complaint, and to have heard and Seen Such order and course taken theranent as appertains with certification etc as the saids Letters and Complaint with the executions therof bears; The said Lybell at the instance of John Blair Agent to the Kirk Against the saids Mr John Mcmillan Sometyme Minister at Ballmagie, David Shennan in Polseck, John Gordon in Quintinespie, William McCairtney in Crea, James Rea in Duchra, John Corsan in Clachanpluck, John Geddes in Drumglass, Hugh Mitchell in Quintinespie, George Mcguffock in Drumbean and John Cuming in Barnbord, Being Called, And the said persewer Compearing personallie at the barr, and the saids defenders being absent to Lawfully cited and oft tymes Called, The saids Lords of her Majesties Privie Councell Doe heirby Grant Certification against the saids defenders, and ordains letters of denounciation to be direct heirupon to Meacers or Messengers att armes to pass to the Mercat Cross of […] and other places needfull, and ther in her Majesties name and authoritie Duly Lawfullie and orderly Denounce the saids defenders her Majesties rebells, and putt them to her highness horne, Escheat and inbring all ther moveable goods and gear to her Majesties use, for ther contempt and disobedience.

1. NRS, PC1/53, 461-2.

1. NRS, PC1/53, 461-2.