Act, 12 March 1705, Edinburgh

Att Edinburgh the Twentie third day of January J^aj vij^c and fyve yeirs

A1705/1/20

A1705/1/20¹

Decreet

Decreit The Agent for the Kirk against Mr George Strachan

Anent the lybell or Letters of Complaint raised and persued befor the Lords of her Majesties privie Councill at the instance of John Blair Agent for the Kirk, with concourse of Sir James Stewart her Majesties Advocat for her highness Interest in the matter wnderwrytten, Mentioning That wherby the fyfth act of the parliament J^aj vi^c and nyntie presbetrie Church Government and discipline is tatified and confirmed to be the government of Christs Church, And Sicklyke by the twentie Second Act of the parliament J^aj vi^c and nyntie fyve yeirs, It is Statute and ordained that no persone Shall intrude himselfe into any Church, or shall exercise any pairt of the Ministeriall function within any parish without ane orderly Call from the heretors and eldershipe and legall admission from the presbetrie within whose bounds it lyes, Lykeas by the Second act of her Majesties parliament J^aj vij^c and three yeirs, all the saids acts and other Laws and Statutes for establishing presbyterian Church government are Ratified and approven In the haill heads, articles and clauses therof, Nevertheless it is of veritie that Mr George Strachan Schoollmaster at Huntlie alleadged Deaconat by the exauctorat Bishops Shakeing off all regaird to her Majesties Laws and authoritie hath of late intruded himselfe into the parish of Keith and Sett up for a preacher therin, And exercises all the other pairts of the Ministeriall function as Baptiseing, marrieing etc In manifast contempt of our Saids Laws and Acts of parliament, Notwithstanding that the said kirk and parish is duly and Legally planted; By all which it is evident that the said Mr George Strachan is guiltie of a manifast Intrusion, and attempt against the present Setled constitution of the Church And of a high contempt of her Majesties Laws and authoritie, Which being proven he owght to be punished with the pains of law, And effectuallie discharged to intrude into or molest the said parish, and otherwayes punished as the Lords of privie Counsell Shall think fitt to the terror and example of others to committ the lyke in tyme comeing, And Anent the charge given to the said defender to have Compeared befor the Saids Lords of her Majesties privie Counsell wpon the day and date of thir presents, To have heard and Seen Such orders and course taken in the Said Complaint as appertains, And as the Saids Lords Should think fitt, Under the paine of rebellion and putting of him to the horne, with certification, as in the lybell or Letters of Complaint and executions therof at more Length is contained, Which lybell being called² wpon the day and date of thir presents, And the said persuers Compearing with Sir James Steuart her Majesties Advocat personallie att the Barr, And the said defender Compearing also personallie att the barr with Mr Robert Fraser his Advocat, who for his said Client gave in the following answers to the said lybell, Ther being a Complaint raised by the said John Blair as agent for the Kirk with concourse of her Majesties Advocat Against the Said Mr George Strachan for intrudeing himselfe into the parishine of Keith, Setting up therin for a preacher, And exerciseing therin all the other pairts of the Ministeriall function, as baptizeing, marrieing etc In manifast contempt of the Laws and Acts of parliament Subsumed wpon in the said Complaint, Notwithstanding that the said Church and parishine is duly and legally planted, Concludeing therfor that he Should be punished with the pains of law, And discharged to intrude himselfe any more into the said parish; To which complaint it is answered for the said Mr George that he does not refuse his haveing preached in the said parishine to Such persons as came ther for hearing of the word, which he thought could not be the ground of a complaint wherwith to trouble the Lords of her Majesties most honourable privie Counsell, especiallie conisdering that the defender is qualified by law by takeing the oath of alleadgeance, and Signeing the assureance, And the Same reported to your lordships, and lykewayes the defender hes not been guilty of causeing any disorder, or the occasion of any tumult or breach of peace within the said parish, which the persuer cannot lay to his charge, and the defender deneyes his being anywayes guiltie of the breach of the acts of parliament anent irregular marriages And as for his preaching in the parishine, he hoped the saids Lords would not find that to be the Subject matter worth a Complaint befor ther lordships for the reasons following, Primo The Act of parliament J^aj vi^c nyntie fyve lybelled wpon, does not Strick against the defender, for the Same is ane act against Intruders into Churches, And those that possess themselvs of Manses, Gleibs and benefices, and exercise their Ministeriall functions within the Samen without a legall Call, and admission into the saids Churches, But so it is that the defender is not lybelled against as ane Intruder into the Said Church of Keith, Manse or benefice, and consequently the lybell is not in the terms of the said act, And owght to be rejected, And tho the said act does bear a penaltie upon Such as Shall exercise any pairt of the Ministeriall function within any parochine without ane orderly Call from the heretors and eldershipe, and legall admission from the presbetrie, The defender conceaves these words of the Act relates to Ministers that intrude themselves into the Church of the parochine, Manse or benefice therof, And that it was not the meaning of the parliament to inflict the penaltie mentioned in the said act upon any Minister who did not intrude into the Church, Manse or benefice, but preached only in a privat house within the pariochine, and did no more, which is the defenders case, Secundo In the Same very parliament J^aj vi^c nyntie fyve, ther was another Act Entituled Act Concerning the Church In which his Majestie and the then Estates of parliament made severall gracious concessions In favours of Ministers of the Episcopall way wherby it is plain that they never intended that Simple preaching by ane Episcopall Minister in a Private house within a parishine, Should be Sustained as a ground of complaint to inferr the pains of the said act of parliament J^aj vi^c nyntie fyve, Unless the preacher wer ane Intruder into the Church of the parochine, Manse or benefice And Lastly the defender being lybelled against for no irregularities or disorders, except by preaching be accounted as such, he hoped the saids Lords (with regaird to her Majesties gracious Letter directed to her³ most honourable privie Counsell Anent Ministers and others of the Episcopall way) will find this complaint raised against the defender groundless, and assolzie him therfrae, The forsaid lybell with the above answers therto being read in presence of the saids Lords, And both pairties Lawyers heard att the barr, and removed, The saids Lords of her Majesties privie Counsell haveing considered the Samen, They have Prohibite and discharged And heirby Prohibites and Discharges the said Mr George Strachan defender to preach or exercise any pairt of the Ministeriall function within the parish of Keith, Under the paine of being banished out of the Shyre of Bamff within which the said parish lyes, In case he transgress in the premisses.