Act, 28 December 1693, Edinburgh

Att Edinburgh The Tuentieth second day of May J^aj vi^c nyntie three years

A1693/5/31

A1693/5/31¹

Decreet

Decreit of Deprivatione Their Majesties Advocat Against Innes and Cuming

Anent our Soveraigne Lord and Ladys Letters raised and pursued Before their Majesties High Commissioner and Lords of privie Councell att the Instance of Sir James Steuart their Majesties Advocat for their Highness Interest in the matter underwryten Mentioning That wher albeit by the Law of God and the principles and Constitutions of everie uell Governed Natione all persones are bound to Give due obedience unto and wish well and pray for such to whom they oue Just obedience and true alleadgance as ther Soveraigne Especially such who have been the Glorious Instrument of their delyverie from the thraldome of poperie and the purnicious Inconveniencies that accompany ane arbitrary pouer And by the Municipall Constitutione of this realme all the subjects therof are Ingadged to pray for ther Laufull Soveraigne And particularly by ane Act of the Meeting of estates the threttienth day of Apryle J^aj vi^c Eightie Nyne years all ministers who are In ane eminent manner obeleidged to discharge that deuty are therby expressly Commanded to read the proclamatione of that date And publictly to pray for their Majesties King William and Queen Mary as King and Queen of this realme upon the dayes therin mentioned under the paine of being depryved and Lossing their benefice And by the same proclamatione all the Leidges are Certifyed that they presume not to oune or acknouledge the Late King James the seventh for their King or presume upon their highest perill by word wryting in sermone or any other manner of uay to Impugne or disoune their Majesties as King and Queen of Scotland And by the threttieth fifth Act second sessione of this Currant parliament all Ministers depryved for nor praying publictly for their Majesties as King and Queen of this realme and for not reading the said proclamatione of estates are prohibited to discharge or exercise any part of the ministeriall functione aither In Church or Meeting House upon any pretence whatsomever untill first they present themselves before the Lords of their Majesties privie Councell And ther In their presence take suear and signe the oath of alleadgance and assurance to their Majesties as King and Queen of this Realme And not to oune the late King James as their King In any sorte Conforme to the tenor of the said proclamatione Certifying such ministers doing In the Contrary they shall be preceeded against as persones disaffected and enemies to the Government and shall be punished uith all rigour And therby ordained the said proclamatione and Act of the Meeting of estates To be putt to farder executione against all such ministers and who Have not as yet Given obedience therto for praying for their Majesties In manner forsaid And ordained the saids Lords of Councell to proceed therin And by diverse and sundrie proclamationes of the saids Lords The particular dayes of thanksgiving and for fasting mentioned therin are ordained to be observed Nevertheless Mr Berrold Innes minister at Alves and Mr John Cuming minister at Birnie In the shyre of Elgine albeit they have been publictly depryved for not praying for their Majesties in the termes of the Act of Parliament Have publictly preached and exercised the ministeriall functione uithin their oune respective houses and paroches wher the same lyes and elsewher without qualifying themselves according to Law By not suearing and signing the oath of alleadgance and Engadging not to oune the Late King James And Have not prayed for their Majesties In Such Circumstantiat tearmes as the Hearers might have knouen they prayed for their Majesties And Have been soe farr from Evidencing their sense they ought to have had of their Majesties preservatione and the releiff of the Greivous Circumstances the natione lay under That when the proclamatione of estates was sent to them at Least came to their Hands of which they had knauledge They were soe farr from testifying their gratitude in Giving due obedience therto That neither at the day appoynted not at any tyme since did they read any of the saids proclamationes for thanksgiving or fast albeit all these uere delyvered to their Hands but on the Contrare In Contempt of these proclamationes hes actually preached daylie sincesyne uithout praying for their Majesties as King and Queen of this realme Convocating severall paroches stirring up and fomenting their disaffectione to the Government Encouradging their Majesties Enemies and discouradging their Loyall subjects sometymes not only praying for the Late King James And that God uould restore him and make his Croune to Flourish on his head but also at other tymes doe pray In such ambiguous termes That their Hearers Could not understand They prayed for their Majesties off all uhich Crymes the forsaids persones are guilty Actors art and part and ought and should be severely punished in their persones and goods to the terror of others to doe the lyke In tyme Coming And anent the charge given to the saids Defenders To Have Compeared personally Before the saids Lords att ane Certaine day now bygone To Have ansuered to the forsaid Complaint And to Have heard and seen such order and course be taken theranent as the saids Lords should think fitt under the paine of rebellione and putting them to the Horne uith Certificationry as the saids Letters uith the executiones therof more fully bears The uhich Lybell Being this [day] Called in presence of their Majesties High Commissioner and Lords of privie Councell and both parties Compearing personally and the defenders Having acknouledged the Lybell And refuised to obleidge themselves under their Hands That for the future when they preach They shall pray for their Majesties King Uilliam and Queen Mary as King and Queen of this realme the Lord High Commissioner and Lords of privie Councell Having Considered the Lybell and the defendars acknouledgement therof and refuising as said is The saids Lords Have depryved and Heirby depryves the saids Mr Beirold Innes and Mr John Cuming Ministers from their benefices at their saids kirks of Alves and Birnie And declares the saids Churches vaccant And ordaines them to remove from their manses and Gleibs Against the first day of Agust nixt to Come And discharges them to Labour the saids Gleibs or any part of them In tyme Coming And discharges them to preach or exercise any part of their ministeriall functione uithin the saids paroches or any other place uithin this kingdome till they qualifie themselves according to Law And ordaines Letters of Horning on fifteen dayes and others needfull to be direct Heiron In forme as effeirs