Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Twentie first day of February J^aj vij^c and Six years

A1706/2/15

A1706/2/15¹

Decreet

Decreit of Certification her Majesties Advocat Against Mr Alexander Barcklay and others

Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties privie Councell att the instance of Sir James Steuart her Majesties Advocat for her Interest Makeing mention that wher by the laws and acts of parliament 1690. Presbyterian Church Government is established, ratified and confirmed to be the only Government of the Church within this kingdome, and all laws or acts of parliament contrary therto or inconsistant therwith are rescinded and abolished, Lykeas by the twentie Second act of the parliament 1695. Intruding into Churches or parishes, and usurping any pairt of the Ministeriall function Is prohibite and discharged wnder all highest pains, And the execution of the said act Is Speciallie recommended to the Lords of Privie Councell, As also by ane act of Privie Councell the twelfth of July J^aj vi^c and nyntie all heretors or others havers of the keyes of vaccant Churches are ordained to delyver up the Same to the presbetrie of the bounds, that they may Supplie the Saids Churches from tyme to tyme till the Same be legally planted; Nevertheless it is of verity that Mr Alexander Barclay Sometyme Minister at Auchterless Shakeing off all regaird to her Majesties authority and laws, and in high Contempt of the Same, and of the Sentence of deposition pronounced against him by the Lords of Privie Councell, did wpon ane or other of the dayes of the moneths of January, February, March or Apryll last bypast, Intrude himselfe into the said parish of Auchterless, and ther sett up for a preacher, wher he Still continues, exerciseing all the pairts of the Ministeriall function, And in this his illegall and disorderly and contemptuous practice, He is supported and mantained by the residenting heretors of the said parish viz Alexander Medlrum of Hattoun, and George Gordon of Badinscoth, who tho requyred by two Severall Instruments heirwith produced In the termes of the said act of Councell, To delyver up the keyes of the said Church to the presbetrie, that they might have access to Supplie the Same by legall Ministers, untill the parish Should Call a Minister of ther own in due forme, yet they obstinatly refused so to doe, and with great insolence told they had already Called the Said Intruder, and would receive no other; By all which it is evident that the said in Alexander Barclay Is guilty of the forsaid Intrusion, And of a high and manifast contempt of the Said Sentence of deposition, And of the authority of the Church, And Laws of the kingdome establishing the Same As also that the Saids Alexander Meldrum and George Gordon are guilty airt and pairt of the saids disorders and abuses, and of ane open and willfull contempt of the said act of Councell; All which being duly proven, The Said Mr Alexander Barclay ought to be removed, and decerned to desist wnder the highest certification, as lykwayes the said Alexander Meldrum and George Gordon ought to be Sevearly punished for ther Said accession to the Said disorders, and ther open breach, and high contempt of the said act of Councell, And further decerned in expensses As the Lords of her Majesties Privie Councell Should See cause, to the terror of others to doe the lyke in tyme comeing, And Anent the charge given to the saids defenders to have compeared befor the saids Lords of our Privy Councell at a certaine day bygone To have heard and Seen Such order and course taken in the said matter as appertains wnder the pain of rebellion, and putting of them to the horne, with certification etc as in the said lybell and executions therof at more length is contained, The saids lybell at the instance of Sir James Steuart her Majesties Advocat Against Mr Alexander Barclay Sometyme Minister at Auchterless, Alexander Meldrum of Hattoun and George Gordon of Badinscoth, Being upon the threttie first day of January last Called, and parties not compearing, The Lords of her Majesties privie Councell assigned this day being the twentie first day of February instant² to both parties to compear and be ready to debate the said day, and appoynts intimations therof to be made to the defenders for that effect, And upon the day and date of thir presents the within lybell at the instance of Sir James Stewart her Majesties Advocat Against Mr Alexander Barclay and others defenders being Called, And the persuer Compearing personallie at the barr, and the defenders being lawfullie cited oft tymes called and not Compearing, The Councell Grants certification in comunni forma, Superceeding extract till the first Tuesday of Apryll Insofarr as concerns Badinscotch and Hattoun.