Decreet, 23 September 1701(pm), Edinburgh

Procedure, 30 December 1701, Edinburgh

[23 September 1701] Eodem Die Post Meridiem

A1701/9/111

Decreet

Decreit John Blair agent for the Kirk Against Mr James Crocket Mr Hary Murray and Mr Robert Gordon2

Anent the Letters or Complaint raised and persewed before the Lords of his Majesties privy Councill be John Blair agent for the kirk with concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten; Mentioning That wher by the Sixth act of the Fourth Session of the Current parliament intitulled act for takeing the oath of alledgance3 and assurance to us, It is Statute that all preachers and ministers of the Gospell whatsomever Doe Swar the Oath of alledgance and that they Subscrybe the Same with the assurance Sett doun in the said act Certifieing That Ministers provided to kirks and not Swearing and Subscrybeing as said is shall be deprived of their benefices and Stipends and that4 preachers not provided to Kirks Shall be punished by Banishment Or otherwayes As the Lords of our privy Councill Shall think fitt Likeas by the proclamation of the meetting of Estates dated the threteinth day of Aprile Jaj vic Eightie Nyne all the Leidges are discharged to oun the late King James and appointed publictly to pray for his Majestie King William And also by the Twenty two act of the fifth Session of his Majesties Current parliament It is Statute That whosoever therafter should intrude themselves in any Church or possess Manse and benefice or 5 exercise any part of the ministeriall function within any parochin without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; Should be removed And Declared incapable of enjoying any Church Stipend or benefice for the Space of Seven years therafter And furder It is Recommended to the Saids Lords of privy Councill to remove all Such who preceeding the said act did Did Since the Establishment of the present Church Government intrude in maner forsaid, Notwithstanding wherof it is of verity That Mr James Crocket incumbent at Caputh Mr Hary Murray incumbent at Dunkeld and Mr Robert Gordon ane intruder at Clunnie Contrair to the saids acts and proclamationes Doe all of them presume and continue to preach and exercise the other parts of the Ministeriall function without haveing qualified themselves conforme to the appointment of the said sixth act by Swearing with the assurance whereby they have incurred the Certification contained in the said act as use is in such cases Likeas the saids persones does not pray for his Majestie But Contrary to the Said proclamation of the Estates and act of parliament ouns the late King James and publictly prayes for him in such ambiguous termes and expressiones as evidences their intire owning him And as a furder evidence of the fornamed persones their disaffection in Contempt of his Majesties authoritie and government They refused6 to read the publict proclamationes appointed by his majestie for observeing and keeping of Solemn dayes of fasting7 of thanksgiveings, and in place of obedience they most maliciously redicule Dispise and moke at the Causes and reasones contained in the said proclamationes And as to the Said Mr Robert Gordon he has most boldly intruded himself to the Church of Cluny without any orderly call from the heriters and eldership and legall admission from the presbytrie of the bounds Albeit That it doeth evidently appear by the records of his Majesties privy Councill; That he was deprived upon the Twenty thrid day of August Jaj vic Eightie Nyne For his disaffection to his Majesties and his Lawes; And the saids fornamed persones Still continues in the said paroches infesting and troubling that bounds to grant disqueit of the setled order and peace of the Church Wherby it is manifast That they have all incurred the said Certificationes contained in the saids acts and proclamation Conform to their respective conditiones and Characters which being Notour and certaine And Such as they neither doe nor can deny They Ought all of them to be punished conforme to the forsaid Acts and proclamationes And furder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Lyke in time comeing And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords of privy Councill This day To Answer to the points of the said Complaint And to hear and See Such order and course taken theranent as they Shall find Just As in the Said Letters or Complaint and executiones therof at more lenth is contained The Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the Said John Blair Sir James Stewart his Majesties advocat and Mr William Carmicheall one of his Majesties Solicitors Compearing personally for his Majesties intrest as pursuers The Saids Mr James Crocket and Mr Hary Murray two of the saids defenders Compearing personally; And their being produced in presence of the saids Lords ane testificat under the hand of Mr John Murray Doctor of Medicine and Mr James Murray Chirurgeon appothecary at Pearth Wherby they upon their certaine knowledge Testifie and Declare that the said Mr Robert Gordon minister at Clunie is not in a condition to travell to Edinburgh without manifast hazard of his Life; And the said Mr Robert Gordon being Lawfully cited oft times called and not Compearing, And the said Mr James Crocket and the said Mr Hary Murray haveing Compeared as said is; And haveing acknowledged that they hade not as yet qualified themselves by takeing the oath of alledgance and Subscrybeing the same with the assurance, And that they notwithstanding therof Did yet continue to preach at their saids kirks The Said Lybell being read and the Councill Haveing Considered the same with the points and articles therof And Confessiones of the said Mr James Crocket and Mr Hary Murray Compearing as said is The saids Lords of his Majesties privy Councill Have Deprived and hereby Depryves the said Mr James Crocket from the benefice and Church of Caputh, and the said Mr Hary Murray from the benefice and Church of Dunkell and Declares both the saids Kirks vaccant And Discharge the Saids Mr James Crocket and Mr Hary Murray to preach or exercise any other part of their ministeriall function within the Saids paroches of Caputh and Dunkeld And Decernes and Ordaines them to flitt and remove themselves their wifes families and Servants furth and out of ther respective manses and Gleibs and furth and frae the said paroches and that betwixt and the terme of Martinmass nixt to come and to leave the Samen void and redd And Refused to Sustaine the said Testificat in favors of Mr Robert Gordon In respect it wants these words upon Soull and Conscience against Against8 which the Lord advocat objected; And Decernes and Ordaines the said Mr Robert Gordon intruder into the said Church of Clunie To quyte the possession of the Stipend and benefice of the said Church And to remove from the said Church Manse Gleib and paroch of Clunnie himself, his wife, Childrein and Servants betwixt and the eighteinth day of November nixt to come And Discharges him to exercise any ministeriall acts within the said paroch in time comeing; And Declares the said Mr Robert Gordon Shall be incapable of enjoying any Church Stipend or benefice within this kingdom for the space of seven years therafter Superceiding allwayes extract of any Sentance against the Said Mr Robert Gordon untill the said Eighteinth day of November nixt to come betwixt and which if he shall appear The Councill allowes him to be heard And Ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct hereon under the Signet of Councill in forme as effeirs.

[23 September 1701] Eodem Die Post Meridiem

A1701/9/111

Decreet

Decreit John Blair agent for the Kirk Against Mr James Crocket Mr Hary Murray and Mr Robert Gordon2

Anent the Letters or Complaint raised and persewed before the Lords of his Majesties privy Councill be John Blair agent for the kirk with concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten; Mentioning That wher by the Sixth act of the Fourth Session of the Current parliament intitulled act for takeing the oath of alledgance3 and assurance to us, It is Statute that all preachers and ministers of the Gospell whatsomever Doe Swar the Oath of alledgance and that they Subscrybe the Same with the assurance Sett doun in the said act Certifieing That Ministers provided to kirks and not Swearing and Subscrybeing as said is shall be deprived of their benefices and Stipends and that4 preachers not provided to Kirks Shall be punished by Banishment Or otherwayes As the Lords of our privy Councill Shall think fitt Likeas by the proclamation of the meetting of Estates dated the threteinth day of Aprile Jaj vic Eightie Nyne all the Leidges are discharged to oun the late King James and appointed publictly to pray for his Majestie King William And also by the Twenty two act of the fifth Session of his Majesties Current parliament It is Statute That whosoever therafter should intrude themselves in any Church or possess Manse and benefice or 5 exercise any part of the ministeriall function within any parochin without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; Should be removed And Declared incapable of enjoying any Church Stipend or benefice for the Space of Seven years therafter And furder It is Recommended to the Saids Lords of privy Councill to remove all Such who preceeding the said act did Did Since the Establishment of the present Church Government intrude in maner forsaid, Notwithstanding wherof it is of verity That Mr James Crocket incumbent at Caputh Mr Hary Murray incumbent at Dunkeld and Mr Robert Gordon ane intruder at Clunnie Contrair to the saids acts and proclamationes Doe all of them presume and continue to preach and exercise the other parts of the Ministeriall function without haveing qualified themselves conforme to the appointment of the said sixth act by Swearing with the assurance whereby they have incurred the Certification contained in the said act as use is in such cases Likeas the saids persones does not pray for his Majestie But Contrary to the Said proclamation of the Estates and act of parliament ouns the late King James and publictly prayes for him in such ambiguous termes and expressiones as evidences their intire owning him And as a furder evidence of the fornamed persones their disaffection in Contempt of his Majesties authoritie and government They refused6 to read the publict proclamationes appointed by his majestie for observeing and keeping of Solemn dayes of fasting7 of thanksgiveings, and in place of obedience they most maliciously redicule Dispise and moke at the Causes and reasones contained in the said proclamationes And as to the Said Mr Robert Gordon he has most boldly intruded himself to the Church of Cluny without any orderly call from the heriters and eldership and legall admission from the presbytrie of the bounds Albeit That it doeth evidently appear by the records of his Majesties privy Councill; That he was deprived upon the Twenty thrid day of August Jaj vic Eightie Nyne For his disaffection to his Majesties and his Lawes; And the saids fornamed persones Still continues in the said paroches infesting and troubling that bounds to grant disqueit of the setled order and peace of the Church Wherby it is manifast That they have all incurred the said Certificationes contained in the saids acts and proclamation Conform to their respective conditiones and Characters which being Notour and certaine And Such as they neither doe nor can deny They Ought all of them to be punished conforme to the forsaid Acts and proclamationes And furder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Lyke in time comeing And Anent the Charge given to the saids defenders To have Compeared personally before the saids Lords of privy Councill This day To Answer to the points of the said Complaint And to hear and See Such order and course taken theranent as they Shall find Just As in the Said Letters or Complaint and executiones therof at more lenth is contained The Which Lybell being this day called in presence of the saids Lords of his Majesties privy Councill And the Said John Blair Sir James Stewart his Majesties advocat and Mr William Carmicheall one of his Majesties Solicitors Compearing personally for his Majesties intrest as pursuers The Saids Mr James Crocket and Mr Hary Murray two of the saids defenders Compearing personally; And their being produced in presence of the saids Lords ane testificat under the hand of Mr John Murray Doctor of Medicine and Mr James Murray Chirurgeon appothecary at Pearth Wherby they upon their certaine knowledge Testifie and Declare that the said Mr Robert Gordon minister at Clunie is not in a condition to travell to Edinburgh without manifast hazard of his Life; And the said Mr Robert Gordon being Lawfully cited oft times called and not Compearing, And the said Mr James Crocket and the said Mr Hary Murray haveing Compeared as said is; And haveing acknowledged that they hade not as yet qualified themselves by takeing the oath of alledgance and Subscrybeing the same with the assurance, And that they notwithstanding therof Did yet continue to preach at their saids kirks The Said Lybell being read and the Councill Haveing Considered the same with the points and articles therof And Confessiones of the said Mr James Crocket and Mr Hary Murray Compearing as said is The saids Lords of his Majesties privy Councill Have Deprived and hereby Depryves the said Mr James Crocket from the benefice and Church of Caputh, and the said Mr Hary Murray from the benefice and Church of Dunkell and Declares both the saids Kirks vaccant And Discharge the Saids Mr James Crocket and Mr Hary Murray to preach or exercise any other part of their ministeriall function within the Saids paroches of Caputh and Dunkeld And Decernes and Ordaines them to flitt and remove themselves their wifes families and Servants furth and out of ther respective manses and Gleibs and furth and frae the said paroches and that betwixt and the terme of Martinmass nixt to come and to leave the Samen void and redd And Refused to Sustaine the said Testificat in favors of Mr Robert Gordon In respect it wants these words upon Soull and Conscience against Against8 which the Lord advocat objected; And Decernes and Ordaines the said Mr Robert Gordon intruder into the said Church of Clunie To quyte the possession of the Stipend and benefice of the said Church And to remove from the said Church Manse Gleib and paroch of Clunnie himself, his wife, Childrein and Servants betwixt and the eighteinth day of November nixt to come And Discharges him to exercise any ministeriall acts within the said paroch in time comeing; And Declares the said Mr Robert Gordon Shall be incapable of enjoying any Church Stipend or benefice within this kingdom for the space of seven years therafter Superceiding allwayes extract of any Sentance against the Said Mr Robert Gordon untill the said Eighteinth day of November nixt to come betwixt and which if he shall appear The Councill allowes him to be heard And Ordaines Letters of horning on fiftein dayes and other executorialls needfull to be direct hereon under the Signet of Councill in forme as effeirs.

1. NRS, PC1/52, 291-4.

2. Marginal note: ‘14 November 1705. This Decreit against Gordon given out this day’.

3. The phrase ‘at that they subscrybe the same with the assurance sett doun in the said act’ scored out here.

4. The word ‘the’ scored out here.

5. The word ‘excyse’ scored out here.

6. The word ‘the’ scored out here.

7. The phrase ‘of fastings’ is an insertion.

8. Sic.

1. NRS, PC1/52, 291-4.

2. Marginal note: ‘14 November 1705. This Decreit against Gordon given out this day’.

3. The phrase ‘at that they subscrybe the same with the assurance sett doun in the said act’ scored out here.

4. The word ‘the’ scored out here.

5. The word ‘excyse’ scored out here.

6. The word ‘the’ scored out here.

7. The phrase ‘of fastings’ is an insertion.

8. Sic.