Decreet, 28 July 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh the Twentie Eight day of Jully Jaj vjc Nyntie two years

D1692/7/291

Decreet

Decreet The Presbytrie of Glasgow Against Howstoune

Anent Our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Alexander Haisty present moderator of the presbyterie of Glasgow and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten Mentioning That quher presbyterian government is now by law established in this church and kingdome, And that by the act establishing the same, It is Declared that the presbyterian ministers intrusted with the said government have and shall have right to all the rights and priviledges by law, provyded to the ministers of Christs Church within this kingdome, And that it is the duty of all Especially of Such as pretend to be ministers to conforme and behave themselves accordingly nevertheless It is of veritie That one Mr William Howstoune a man Notoriously on Severall accounts and never admitted to be a minister either by those of the presbyterian or episcopall perswasion presumes at his oun hand, To invade and Usurp the kirk and pulpit of Kilsyth within the presbytrie of Glasgow, not only to the Scandell of all good Christians but to the manifast contempt of his majesties lawes and authoritie, In alse much as the said kirk of Kilsyth haveing been vaccant for some years since the dimission of the last incumbent The said Mr William Howstoune at most a vagrant preacher usurping to preach at his oun hand pretends that he hath allowance from Mr William Livingstoune of Kilsyth and the fashion of a Call from four or five of the parish quherof thrie does nevertheless Disoun it, And therupon presumes to enter the said kirk and pulpit as if he hade a good right therto, And that albeit the presbytrie of the bounds to whom the inspectione of kirks dureing their vaccancy belongs Did cause cite him yet he refused to appear aither before them or the synod, Bot continues to possess, And has Lykewayes sett of ane house and the gleib to one of the parish who was so simple as to take it from him, And tho the Presbytrie hath gone one to receive witnesses against him and therby find it proven that he hath renunced the protestant religion, signing letters with the signe of the Cross and takeing the Sacrement in hostee and with the other formalities of the popish mass, And also that he is guilty of Cursing his parents and others and of Gross Cheating and Lying, And that he hath not only usurped the said kirk as said is contirary to all due order, Bot contrary to the promise he gave when released sometyme agoe, from his Imprisonment in the Tolbooth of Edinburgh for his foolish disorders to forbear all Irregullar Courses and gave bond and Caution for that effect, And to Compeir when called under the paine of ane Hundred punds Sterling, yet he still Continues his forsaid usurpationes pretending and therby aggravating his guilt, That when lately he went over 2 to3 Flanders and ther gave out himself for a Presbyterian minister He obtained a warrand from his Majestie to be setled in the said kirk which probably is a meer forgery, He haveing received the keyes from Alexander Maxwell factor for Kilsyth by the Order of he said Mr William Livingstoune, And when of late the presbytrie thought fitt to send one of their oun number to preach at the said kirk as vaccant, The said Mr Howstoune did flattly refuse him the keyes and necessitate the minister to preach in the kirk yeard when in the mean tyme Master Howstone did enter the kirk, and hade not above five or six of the most insignificant of the parish for the hearers, And Farder the said Mr William Howstone in his forsaid Folly and madnes proceids to vex the parishioners partly Sumonding them before the Lords partly by Sumonding others before the said Alexander Maxwell as Baillie and himself, For to compt to him for Baptizms and mariadges and to deliver up to him the utincills of the Church As Lykewayes to accept to be his elders and Deacones which is a grivious Oppression, And in effect in the forsaid wholl matter The said Mr William doeth act and behave rather as one besyde himself then as a man of comon sense and Discreation For all which disorders and Crymes he is Justly lyable and being found guilty therof or airt and part of the same He ought not only to be Commanded to desist and remove from the saids bounds and to deliver up the keyes of the Kirk and manse to the presbyterie Bot also He and the said Alexander Maxwell by whose instigation advyce and connivance the saids abuses are Committed, And who is airt and part of the Samen Ought and should be punished therfore to the example and terror of others to comitt the like in tyme comeing And Anent the Charge given to the saids Mr William Howstone defender To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the above Complaint And to have heard and seen such Course taken theranent as the saids Lords should think fitt with Certificatione to him if he faillzied The saids Lords would proceid and 4 doe in the said matter as they should find cause as the saids letters and executiones therof bears Whilk being called in presence of the saids Lords this day And Mr Thomas Kennedy and Mr Thomas Ramsay two of the ministers within the said presbytrie Compeiring for the said Presbytrie as pursuars With James Stewart senior their advocat, And the defender also Compeiring personally The Lybell with the answers and Replyes being read, and both parties or their advocats fully heard, And The saids Lords of Privy Councill haveing Considered the Lybell, answers and Replyes with the bond granted be the said defender the tyme of his liberation when he was last in prison Which is in the hands of the Clerks of Councill The Saids Lords Doe heirby Ordaine the saids Mr William Howston defender to give up and deliver into the hands of Mr Gilbert Eliot advocat or Mr David Moncrief Clerks to the Councill the keyes of the kirk of Kilsyth And appoints the maccers of Councill to cary the said defender to the tolbooth of Edinburgh to remaine prisoner therin untill he deliver these keyes to the saids Clerks And Ordaines the defender to give obedience to the presbytrie of Glassgow and other Church Judicatories within this kingdome as the Same is presently constitute and Established by law and conforme to the tenor of the defenders bond.

Edinburgh the Twentie Eight day of Jully Jaj vjc Nyntie two years

D1692/7/291

Decreet

Decreet The Presbytrie of Glasgow Against Howstoune

Anent Our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Alexander Haisty present moderator of the presbyterie of Glasgow and Sir William Lockhart their majesties Solicitor for their highnes intrest in the matter underwritten Mentioning That quher presbyterian government is now by law established in this church and kingdome, And that by the act establishing the same, It is Declared that the presbyterian ministers intrusted with the said government have and shall have right to all the rights and priviledges by law, provyded to the ministers of Christs Church within this kingdome, And that it is the duty of all Especially of Such as pretend to be ministers to conforme and behave themselves accordingly nevertheless It is of veritie That one Mr William Howstoune a man Notoriously on Severall accounts and never admitted to be a minister either by those of the presbyterian or episcopall perswasion presumes at his oun hand, To invade and Usurp the kirk and pulpit of Kilsyth within the presbytrie of Glasgow, not only to the Scandell of all good Christians but to the manifast contempt of his majesties lawes and authoritie, In alse much as the said kirk of Kilsyth haveing been vaccant for some years since the dimission of the last incumbent The said Mr William Howstoune at most a vagrant preacher usurping to preach at his oun hand pretends that he hath allowance from Mr William Livingstoune of Kilsyth and the fashion of a Call from four or five of the parish quherof thrie does nevertheless Disoun it, And therupon presumes to enter the said kirk and pulpit as if he hade a good right therto, And that albeit the presbytrie of the bounds to whom the inspectione of kirks dureing their vaccancy belongs Did cause cite him yet he refused to appear aither before them or the synod, Bot continues to possess, And has Lykewayes sett of ane house and the gleib to one of the parish who was so simple as to take it from him, And tho the Presbytrie hath gone one to receive witnesses against him and therby find it proven that he hath renunced the protestant religion, signing letters with the signe of the Cross and takeing the Sacrement in hostee and with the other formalities of the popish mass, And also that he is guilty of Cursing his parents and others and of Gross Cheating and Lying, And that he hath not only usurped the said kirk as said is contirary to all due order, Bot contrary to the promise he gave when released sometyme agoe, from his Imprisonment in the Tolbooth of Edinburgh for his foolish disorders to forbear all Irregullar Courses and gave bond and Caution for that effect, And to Compeir when called under the paine of ane Hundred punds Sterling, yet he still Continues his forsaid usurpationes pretending and therby aggravating his guilt, That when lately he went over 2 to3 Flanders and ther gave out himself for a Presbyterian minister He obtained a warrand from his Majestie to be setled in the said kirk which probably is a meer forgery, He haveing received the keyes from Alexander Maxwell factor for Kilsyth by the Order of he said Mr William Livingstoune, And when of late the presbytrie thought fitt to send one of their oun number to preach at the said kirk as vaccant, The said Mr Howstoune did flattly refuse him the keyes and necessitate the minister to preach in the kirk yeard when in the mean tyme Master Howstone did enter the kirk, and hade not above five or six of the most insignificant of the parish for the hearers, And Farder the said Mr William Howstone in his forsaid Folly and madnes proceids to vex the parishioners partly Sumonding them before the Lords partly by Sumonding others before the said Alexander Maxwell as Baillie and himself, For to compt to him for Baptizms and mariadges and to deliver up to him the utincills of the Church As Lykewayes to accept to be his elders and Deacones which is a grivious Oppression, And in effect in the forsaid wholl matter The said Mr William doeth act and behave rather as one besyde himself then as a man of comon sense and Discreation For all which disorders and Crymes he is Justly lyable and being found guilty therof or airt and part of the same He ought not only to be Commanded to desist and remove from the saids bounds and to deliver up the keyes of the Kirk and manse to the presbyterie Bot also He and the said Alexander Maxwell by whose instigation advyce and connivance the saids abuses are Committed, And who is airt and part of the Samen Ought and should be punished therfore to the example and terror of others to comitt the like in tyme comeing And Anent the Charge given to the saids Mr William Howstone defender To have Compeired personally before the saids Lords at ane certaine day now bygone To have answered to the above Complaint And to have heard and seen such Course taken theranent as the saids Lords should think fitt with Certificatione to him if he faillzied The saids Lords would proceid and 4 doe in the said matter as they should find cause as the saids letters and executiones therof bears Whilk being called in presence of the saids Lords this day And Mr Thomas Kennedy and Mr Thomas Ramsay two of the ministers within the said presbytrie Compeiring for the said Presbytrie as pursuars With James Stewart senior their advocat, And the defender also Compeiring personally The Lybell with the answers and Replyes being read, and both parties or their advocats fully heard, And The saids Lords of Privy Councill haveing Considered the Lybell, answers and Replyes with the bond granted be the said defender the tyme of his liberation when he was last in prison Which is in the hands of the Clerks of Councill The Saids Lords Doe heirby Ordaine the saids Mr William Howston defender to give up and deliver into the hands of Mr Gilbert Eliot advocat or Mr David Moncrief Clerks to the Councill the keyes of the kirk of Kilsyth And appoints the maccers of Councill to cary the said defender to the tolbooth of Edinburgh to remaine prisoner therin untill he deliver these keyes to the saids Clerks And Ordaines the defender to give obedience to the presbytrie of Glassgow and other Church Judicatories within this kingdome as the Same is presently constitute and Established by law and conforme to the tenor of the defenders bond.

1. NRS, PC2/24, 81r-82v.

2. The word ‘from’ scored out here.

3. The word ‘to’ inserted above the line.

4. The word ‘Decerne’ scored out here.

1. NRS, PC2/24, 81r-82v.

2. The word ‘from’ scored out here.

3. The word ‘to’ inserted above the line.

4. The word ‘Decerne’ scored out here.