Act, 29 December 1692, Edinburgh

Att Edinburgh The Tuenty first day of Janwary J^aj vj^c nyntie tuo years Eodem Die post meridiem

A1692/1/51

A1692/1/51¹

Decreet

Decreit Grieve and Smith Against Norie

Anent the Lybell or Complaint raised and pursued before the Lords of their Majesties privie Councell att the instance of John Smith and George Greive merchants in Montrose merchants in Dundie For themselves and In name and behalf of the rest of the parochiers of the said paroch of Dundie Mentioning That albeit by the Threttie fifth Act second session of their Majesties Current parliament dated the tuenty second day of Jully J^aj vj^c nyntie years All Ministers depryved for not praying for ther Majesties King William and Queen Mary as King and Queen of this Realme and not reading the proclamatione of estates emitted upon the threttienth day of Apryle J^aj vj^c Eighty nyne years for that effect are expressly prohibite and discharged to preach or exercise any pairt of the ministeriall functione aither in Churches or else quher upon any pretext whatsomever untill first they present themselves before the Lords of their Majesties privy Councell And in their presence take suear and subscribe the oath of alleadgance and also Ingadge themselves under their hands to pray for their Majesties as King and Queen of this Realme And not to oune or acknowledge the Late King James the Seventh for their King in any sort Conforme to the tenor of the said proclamatione Certifying such ministers as doe in the Contrary That they shall be proceeded against as persones disaffected and Enemies to the Government with all rigour And that their Majesties with advyce of the Lords of their privie Councell Did by their proclamatione of the date the fourth day of november last bypast appoynte and Command That the tuenty sixth day of the said month of novemebr should be religiouslie and devotly observed as a solemne day of publict thanksgiving by all persones uithin this kingdome In Churches and meeting Houses for the ends and Grounds therinmentioned And ordained Coppies of the said proclamatione to be sent by ther Majesties Sollicitor to the shirreffs of the severall shyres and steuarts of the stewartries uithin this kingdome whom the saids Lords ordained to see the same published And appoynted them to send dowbles therof to all the Ministers both in Churches and meeting Houses uithin their respective Jurisdictiones And upon the Lords day Immediatly proceeding the said tuenty sixth day of November Last The same might be redd and Intimat in every paroch church and meeting house Certifying all such who showld contemne or neglect soe religious and Important a deuty as the Thanksgiving therby appoynted is They showld be proceeded against and punished as Contemners of their Majesties authoritie and as highly disaffected to their persones and government And albeit the Lords of their Majesties privy Councell by their decreits and sentences of the date the tuenty nynth of Agust J^aj vj^c Eighty nyne years pronunced at the pursuars Instance and at the Instance of their Majesties Advocat Against Mr Robert Norie Late minister in Dundie proceeding upon his oune acknouledgment that he had not redd the forsaid proclamatione of the Estates nor prayed for their Majesties in the termes therof Have found and declared that the said Mr Robert Have lost and amitted his right to the benefice of the said kirk of Dundie And therfore the saids Lords of their Majesties privie Councell have depryved him therof and declared his Church vaccant and hes discharged him from preaching or exercising any other pairt of his ministeriall functione within the said parochine of Dundie allenarly in tyme coming And ordained him to remove from his Manse and Gleib at the terme of mertimes then nixt Whilk decreit and sentence of the saids Lords was Intimat by their Lordships to the said Mr Robert Norie personally at the Barr And also the above Act of parliament And the saids Lords sentence was upon the tuenty one of September last againe Intimat to the said Mr Robert Norie at the House of […] and ane Coppie of them left with James Fairueather his servant That House being the place of the said Mr Roberts residence as ane Instrumen[t] theron Bares. Nevertheless The said Mr Robert Norie Casting off all regaird to their Majesties Government and to their persones authority and Laues Contrary unto and in open and manifest contempt of the Laues and Acts both of parliament and Councell and particularly the said Threttie fifth Act second session of their Majesties Currant parliament and of the saids decreit and sentence of Counsell above deduced And Act of Councell above specified Hath most presumptuouslie taken upon him to sett up a publict meeting house and hes erected a pulpite and seats and daeses within the toune and burgh of Dundie And hes ther and else wher since the said tuenty nynth of Agust J^aj vj^c Eighty nyne years being the date of the above decreit and sentence of Councell preached prayed and administrat the Sacraments every or many Lords dayes and Hath exercised the other parts of his ministeriall functione marrying persones and proclaiming them in the meeting house to the Great Incouradgement of the disaffected pairtie and to the discouradgment of their Majesties Loyall and well affected subjects And hes ordored and receaved severall Collectiones from the poeple resorting to the said meeting House and hes disposed therof to such persones as he pleased To the Great Loss and prejudice to the poor poeple of the toune of Dundie To whom all Collectiones made at the dispensing of the ordinances does propperlie belong Lykeas the said Mr Robert Norie to this day does not pray for their Majesties In the termes of the above Act of parliament And being warned by some of the officers and souldiers of their Majesties forces upon the satturnday preceeding or on the sabboths on which he preached or one or other of them to pray for their Majesties In the termes forsaids And they for his Incouradgement wowld come and hear him He refuised soe to doe But sayd he wowld pray as he used Wherby the said Mr Robert is Guiltie of the Contraveening of their Majesties Laues and Contempt of their authority And particularly of the said threttie Fifth Act second session of their Majesties Currant parliament and of the said sentence and Decreit of Councell Lykeas In obedience to the above proclamatione The shirreff clark of the shyre having sent to the said Mr Robert Norie the forsaid proclamatione for publishing the samen in his meeting house the sabbath day before the thanksgiving To the effect the samen might be the more solemnly keeped He most disdainfully receaved the same and uithout regaird therto neglected the publicatione and observatione therof wherby he hes testified his disaffectione to the Government and Contempt of his Majesties authority And therfore ought to be examplarly punished in his persone and goods Conforme to the above Act of parliament as a persone disaffected and ane Enemie to their Majesties and their government with all rigour to the example and teror of others to Committ the Lyke in tyme coming And Anent the charge Given to the said Mr Robert Norie to have Compeared personally before the saids Lords at ane certaine day bygone To have ansuered to the poynts of the above Complaint and to have heard and seen such ordor and course taken theranent as the saids Lords showld think fitt under the paine of rebellione and putting of him to their Majesties Horne with certificatione to him if he faillzed Ther Majesties other Letters showld be direct to putt him therto simpliciter as the said Lybell and executiones therof Bears Uhich lybell being upon the Fourteenth instant Called in presence of the saids Lords And the pursuer Compearing personallie with James Steuart senior advocat And the defender Compearing also personallie The saids Lords of their Majesties privy Councell In respect the defender Declared in their presence That albeit the executione of the Lybell bear that ther was a Coppie of the Lybell Left at his duelling house and another at the mercat cross yet he had never seen ane Coppie therof Did allow to the Clarks of Counsell ane Coppie of the said Lybell if he showld requyre the same And reserved to the said Mr Robert all his Laufull defences to be made against the lybell and the witnesses Cited and Compearing for the pursuers having made faith at the Barr The saids Lords ordained them to be receaved And nominated and appoynted a committie of their oune number to examine the saids witnesses And reserved all objectiones that should be made against the saids witnesses to he propouned and discussed before the said Committie And ordained Letters of farder dilligence Be Captione to be direct Against James Blackburne buttone maker and presenter to Mr Robert Norie and William Muncurr officer to the said meeting house tuo of the witnesses cited for the pursuers absent And not Compearing And accordingly the said Committie Having mett and Called before them the witnesses cited and Compearing as said who were solemnly suorne Examined and Interrogat in their presence deponed in manner mentioned in their depositiones as the samen extant in process bears The Lords of their Majesties privie Councell having this day Considered the above Lybell Against the said Mr Robert Norie And Having Called both parties And the pursuars Having Compeared with James Stewart senior advocat their procurator And the Defender Having also Compeared personally And having acknowledged he Receaved a Coppie of the lybell on Satturndays night the sixteenth Instant And the saids Lords having Considered the Depositiones of the witnesses adduced for the pursuar for proving of the Lybell They Find the haill Lybell proven And therfore discharges the said Mr Robert Norie defender from exercing any pairt of his ministeriall functione in any place within this kingdome untill he qualifie himself in the termes of Law And ordaines him to remove from the toune of Dundie and landuard parochins therof betuixt and the first day of March nixt And discharges him to returne therto without the King or Councells warrand with Certificatione to him if he transgress any pairt of the present sentence he shall be furder punished according to law And ordaines letters to be direct heiron In forme as effeirs