Decreet, 26 April 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Holy-rude-house the Twentie Sixt day of Apryll Jaj vijc and fyve years

A1705/4/361

Decreet

Decreet Agent to the Kirk against Mr William Ratrie Minister

Anent the lybell or Letters of Complaint raised and persued befor his Grace her Majesties high Commissioner and Lords of her Majesties privie Councell 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 underwrytten, Mentioning That wher by the fyfth act of the parliament Jaj vijc nyntie, presbiterian Church Government and discipline is Ratified and confirmed to be the Government of Chrysts Church, And Sicklyke by the 22. Act of the parliament i695. 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 the parliament 1703. All the saids acts, and other laws and Statuts for establishing presbiterian Church Government are Ratified and approven In the haill heads articles and clauses therof Nevertheless it is of verity that Mr William Ratrie late Incumbent at Cargill and who was depryved by the privie Councell, Shakeing off all regaird to our Laws and authority hes of late Intruded himselfe into the said Kirk of Cargill 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 the saids laws and acts of parliament, Notwithstanding that he is deposed by the Lords of our privie Councell, And the parish vaccant And in the possession of the presbetrie of the place; By all which the said Mr William Ratrie is guiltie of a manifast intrusion and attempt against the present Setled constitution of the Church, And of a high Contempt of our Laws and authoritie, which being proven he ought to be punished with the pains of law, And effectually discharged to intrude into or molest the said parish, and the presbetrie restored to the possession of the said Church, and he otherwayes punished, as the Lords of our privie Councell Shall think fitt to the terror 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 Councell upon the day and date of thir presents, To have heard and Seen Such order and course taken in the said Complaint as appertains, with certification as in the saids Letters of Complaint and executions therof at more length is contained The Whilk lybell at the instance of John Blair Agent for the Kirk against Mr William Ratrie late Incumbent at Cargill being this day called, and the persewers Compearing personallie at the barr, And the said defender being oft tymes Called and not compearing though Lawfullie cited, His Grace her Majesties high Commissioner, and the Lords of her Majesties privie Councell Grants decreit of certification against the said Mr William Ratray, And gives order and warrand to Meacers and Messengers at armes to pass to the mercat cross of […] and other places needfull, And therat in her Majesties name and authoritie duly Lawfully and orderly denounce the said Mr William Rattray her Majesties Rebell and putt him to her highness horne, Escheat and inbringe all his moveable goods and gear to her Majesties use for his contempt and disobedience and appoynts and ordains the Shireff principall of the Shirreffdome of Pearth and his deputs To putt the presbetries of Pearth and Dunkeld in possession of the Kirk of Cargill, and to keep and mantaine them therin, wnder all highest pains And as they will be answerable, and to delyver the keyes therof to the said presbetrie, And ordains Letters of horning on fyftein dayes under the Signet of Councill to be direct heiron in forme as effeirs.

At Holyroodhouse 26 Apfril 1705

A1705/4/361

Decreet

Decreet agent to the Kirk against Mr William Rattray, minister

Concerning the libel or letters of complaint raised and pursued before his grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council at the instance of John Blair, agent for the Kirk, with concourse of Sir James Stewart, her majesty’s advocate for her highness’s interest in the matter underwritten, mentioning that where by the 5th act of the parliament [of] 1690, Presbyterian Church government and discipline is ratified and confirmed to be the government of Christ’s Church, and also by the 22nd act of the parliament [of] 1695 it is statute and ordained that no person shall intrude himself into any church, or shall exercise any part of the ministerial function within any parish without an orderly call from the heritors and eldership, and legal admission from the presbytery within whose bounds it lies, likewise by the 2nd act of the parliament 1703, all the said acts and other laws and statutes for establishing Presbyterian Church government are ratified and approved in the whole heads, articles, and clauses thereof, nevertheless it is of verity that Mr William Rattray, late incumbent at Cargill and who was deprived by the privy council, shaking off all regard to our laws and authority, has of late intruded himself into the said kirk of Cargill and set up for a preacher therein, and exercises all the other parts of the ministerial function as baptising, marrying etc, in manifest contempt of the said laws and acts of parliament, notwithstanding that he is deposed by the lords of our privy council, and the parish vacant and in the possession of the presbytery of the place. By all which the said Mr William Rattray is guilty of a manifest intrusion and attempt against the present settled constitution of the Church, and of a high contempt of our laws and authority, which being proven he ought to be punished with the pains of law, and effectually discharged to intrude into or molest the said parish, and the presbytery restored to the possession of the said church, and he otherwise punished, as the lords of our privy council shall think fit, to the terror of others to commit the like in time coming. And concerning the charge given to the said defender to have appeared before the said lords of her majesty’s privy council upon the day and date of these present, to have heard and seen such order and course taken in the said complaint as appertains, with certification as in the said letters of complaint and executions thereof at more length is contained. The which libel at the instance of John Blair, agent for the Kirk, against Mr William Rattray, late incumbent at Cargill being this day called, and the pursuers appearing personally at the bar, and the said defender being often called and not appearing, though lawfully cited, his grace her majesty’s high commissioner and the lords of her majesty’s privy council grant decreet of certification against the said Mr William Rattray, and give order and warrant to macers and messengers at arms to pass to the mercat cross of […] and other places needful, and thereat in her majesty’s name and authority duly, lawfully, and orderly denounce the said Mr William Rattray her majesty’s rebel and putt him to her highness’s horn, escheat and bring in all his moveable goods and gear to her majesty’s use for his contempt and disobedience, and appoint and ordain the sheriff principal of the sheriffdom of Perth and his deputes to put the presbyteries of Perth and Dunkeld in possession of the kirk of Cargill, and to keep and maintain them therein, under all highest pains, and as they will be answerable, and to deliver the keys thereof to the said presbytery, and ordains letters of horning on fifteen days under the signet of council to be directed hereon in form as appropriate.

1. NRS, PC1/53, 395-6.

1. NRS, PC1/53, 395-6.