Act, 27 December 1694, Edinburgh

Att Edinburgh the tuenty fourth day of July J^aj vi^c and nyntie four years

A1694/7/26

A1694/7/26¹

Decreet

Decreit His majesties advocat against provost Kirkuall and others

Anent the Lybell or Letters of Complaint raised and pursued Before the Lords of their Majesties privie Councell att the instance of Sir James Steuart their Majesties Advocat For their highnes Intrest in the matter underwryten Mentioning That wher by the Laues of this and all other well governed realms all subjects are obleidged to behave and Live peacably and deutifullie paying all deuty and alleadgance to their soveraigns Lykeas by the Sixteenth Act of the meeting of Estates of this Kingdome dated the threttienth day of Apryle J^aj vi^c Eighty nyne years and the proclamatione therof made all the Leidges are Certified That none presume to oune or acknouledge the Late King James the seventh for their King and that none presume upon their highest perrill by word wryting or any other manner of way to Impugne or disoune their Majesties royall authorities And that all Ministers uithin the kingdome publickly pray for their Majesties as King and Queen of this realme That they read the said proclamatione publickly from their pulpits In manner and upon the dayes therin appointed under the paine of being depryved and Losing their benefites As also by the second Act of the Parliament J^aj vi^c Eightie nyne Intituled act Recognoscing their Majesties royall authority It is declared to be high treasone in any of the subjects of this Kingdome by wryting speaking or any manner of way to disoune quarrell or Impugne their Majesties royall pouer and authority or right and Title to the Croune as Lykeuise the telling and spreading of false neues and reports are Crimes prohibite by the Laues and acts of parliament nevertheless It was of veritie that Mr John Wilsone minister in Orkney, and Patrick Fea of Whytehall Leivtennant Alexander Lamb and Hugh Craigie provost of Kirkuall shaking off all fear of god and regaird to their Majesties authority and Laues Did upon one or other of the dayes of the months of […] Last by past tell and spread false neues and reports against the Government and peace of the Kingdome off the Late King James his being Landed in England And that his Majestie was Lost And that the said Mr John Wilson had the boldnes to say to Collonell Robert Elphingstoune their Majesties steuart in Orkney in presence of tuo of the Bayllies of Kirkuall That they might see now what ane evill thing it uas to shake off their Laufull King meaning the Late King James And the said Leivtennant Lamb a Gentleman of their Majesties guairds, and sent to Orkney uith the Command of a partie uent through the toune of Kirkuall and drinking the Late King James’s health and Confusion to their present majesties And threatining and beatting all such as uould not doe the same And the said Patrick Fea while their Majesties said steuart uas sitting in Judgement refuised to take off his hatt or uncover his head and said He hoped to see a Chainge shortly and when the said steuart Caused apprehend the said Patrick Fea as a persone nottoriously disaffected to their Majesties government and sent to Hugh Craigie provost of Kirkuall to secure his persone till farder order He the said provost Inquyred what his Cryme uas And uhen he uas told by the said steuart that it uas treason and uas desyred by him to putt him in fast prison The said provost demanded by what warrand the said steuart sent men and armes to secure the said Fea And when the said steuart Ansuered by their Majesties authority and that of the privie Councell He Commanded his officers in presence of the said steuart violently to Lay hold upon their Majesties saids officers and took their armes from them which accordingly uas done And when the said steuart desyred him to have his men In armes the day follouing upon the Baillie of Kirkuall that he might know in what Condition they uere And if Commanded by men qualified In taking the oath of alleadgance and assurance The said provost ansuered that by his truth he uould not Lykeas the said Mr John Wilsone minister doeth not pray for their majesties as is by Law appointed but on the Contrair both in privat and in publick from the pulpite Disounes their Majesties and their authority and ounes the Late King James For which he ought to be punished by deprivatione And also he and the rest of them ought to be punished in their persons and goods as being all and every one of them guiltie or at Least airt and pairt of the Crymes forsaids To the terror of others to doe the Lyke in tyme coming And anent the charge given to the saids defenders to have Compeared personallie before the saids Lords of their Majesties privie Councell att ane certaine day bygone To have ansuered to the Grounds of the abovewryten Complaint and to have heard and seen such order and Course taken theranent under the paine of rebellione and putting them to the Horne with Certificationry as in the Letters or principall Lybell of Complaint raised in the said matter and executiones therof at more Length is Contained which Lybell being upon the tuenty one day of June Last by past Called in presence of the saids Lords of privie Councell They Continoued the same And alloued their Majesties Advocat to Cause bring […] as witnes cited on this Lybell from Dundie wher he is prisoner to this place And therafter the said Lybell being upon the seventeenth of July Instant againe Called in presence of the saids Lords of privie Councell And Sir James Steuart, their Majesties Advocat and Sir James Ogilvie their Majesties sollicitor Compearing personallie for their Majesties Intrest as pursuars And the said Leivtennant Lamb being Laufullie Cited ofttymes Called and not Compearing And the other three defenders Compearing personallie with Sir Patrick Home Mr William Aikman and Mr Robert Fraser their Advocats The saids Lords of their Majesties privie Councell Doe heirby Grant Certificatione against the said Leivtennant Lamb And ordaines letters to be direct to macers or messengers Commanding them to pass to the mercat Croce of […] and other places needfull And ther In their majesties name and authority Deuly Laufullie and ordorly Denunce the said Leivtennant Lamb their majesties rebell and putt him to their highnes horne Escheat and Inbring all his moveabill goods and Gear to their Majesties use for his Contempt and disobedience And the saids Lords admitts the Lybell to probatione against the rest of the defenders And the uitnesses such of them as Compeared according as they are marked on the roll Having made faith at the barr The saids Lords Doe heirby nominat and appoint the Earle of Forfar the Lord Ross and the Laird of Blackbarrony to be a Committie for examining the witnesses And declares any tuo of them to be a sufficient quorum And reserves all objections which may be made against the uitnesses to be propouned and discust before the said Committie And Remitts to the Committie to Consider the Certificat produced and the excuse made for Mr John Cobb and to sustaine or repell the same as they shall find Just And Recommends to the said Committie to meet the morrow at ten of the clock in the fornoon And alloues David Morisone taylor to be receaved a witnes albeit he was not at the barr In respect he is Cited but is in the Cannongate tolbooth From when the Committie are to send for him which Committie Having accordingly mett They took the oaths and depositions of diverse and sundrie famous uitnesses who being all solemnly suorne and examined Deponed and declared as their oaths and depositions extant in proces bears And the saids Lords of their majesties privie Councell Having this day Considered the Depositiones of the uitnesses taken in this proces against the said Hugh Craigie provost of Kirkuall Mr John Wilson minister and Patrick Fea uith a petition by the uitnesses for their expences They Find that part of the Lybell proven that Mr John Wilson said yow may now see what ane evill thing it is for people to Cast off their Laufull King And therfore The saids Lords Doe heirby Depryve the said Mr John Wilsone from his benefice at the kirk of Kirkuall and declares the Church vacant and discharges him from preaching or exercising any other part of the ministeriall function uithin the said paroch And appointes him to remove from the manse and Gleib and to Leave the samen voyd and ridd betuixt and the first day of october nixt And Confynes the said Mr John to the Island of Zetland during the Councells pleasure And discharges him to remove uithout the bounds of the said Island uithout their majesties or the Councells warrand for that effect And ordaines the said Mr John to repaire to the place of his Confynment betuixt and the first day of October nixt and to find Caution for that effect which he hes done And finds the Lybell proven against the said Hugh Craigie And Therfore They Heirby remove him from his office of provost at Kirkuall And Declares him Incapable of exercising the said office during the Councells pleasure and ordaines him to make payment to the witnesses afternamed of the expences afterspecified viz to Mr John Cunyngham in Kirkuall William Elphingstoun brother German to Robert Elphingstoun of Lapnes Androu Dishingtoun in Kirkuall and Walter Fairns burges In Kirkuall of the soume of sixteen shilling scotts per diem They being all horse men And to John Colvill in Stronsay and David Manson taylor in Stronsay William Elphingstoun in Kirkuall Androw Morison in Kirkuall and Robert Gedie in Kirkuall of the soume of Eight shilling scotts per diem They being all fort men Commencing the tyme of the said payment from the sixteenth day of may Last to the Eight day of Agust nixt being In all Eighty four dayes at the rates respective forsaid And ordaines him to find Caution for that effect which he hes done accordingly