Decreet, 28 July 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the tuenty Eight day of July Jaj vjc nyntie six years

A1696/7/471

Decreet

Decreit His Majesties Advocat Against Mr John Hepburne

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties advocat for his highnes Intrest in the matter underwryten Mentioning That wher by the sixth Act of the fourth session of this his Majesties Current parliament It is statut that all persons in publict trust And particularly that all preachers and ministers of the Gospell Doe suear the oath of alleadgance and subscribe the same with the assurance betuixt and the days therto appointed under the Certification that the saids Ministers if provyded to Kirks shall be deprived of their benefice or stipend And preachers not provyded to Kirks shall be punished by banishment or otheruise as the Lords of his Majesties privie Councill shall think fitt Lykeas by the tuenty tuo Act of the fifth session of the same parliament It is statut That whoever for therafter should intrude themselves into any Church paroch benefice or shall exercise any pairt of the Ministeriall function without ane orderly Call and Legall admission by the presbyterie of the Bounds shall be Incapable of Enjoying any Church stipend or benefice uithin this Kingdome for the space of seven years after their removall from the Church wherinto they have Intruded And farder It is appointed and ordained by the Laus of God and the Laus of this Realme that all men should behave orderly and quietly uithout tumult or Convocation or offering to disturb the established order of this Church and the Ministers exercising the same or anyuays troubling the publict peace of the Kingdome Nevertheless It is of veritie That Mr John Hepburn sometyme minister but now a vagrant preacher shaking of all fear of God or regaird to his Majesties Laus Hath for severall months and years bygone And on one or other of the days therof presumed at his oune hand to preach and exerce the other parts of his Ministeriall functione att severall places and particularly at the Kirks or uithin the paroches of Orr and Kirkgunzeon uithin the steuartry of Kirkcudbright and Dronasdeer uithin the shire of Nithsdale In which Kirk and paroch of Orr He hath also unduely Intruided without having qualified himself by suearing the oath of alleadgance and subscribing the same uith the assurance uithin the days appointed by the act of parliament In manifest Contempt of the saids Acts As also of the sentence of the Generall Assembly wherby he stands suspended As also the said Mr. John Hepburn Contemns the Fasts and Thanksgivings appointed by authority and Inveighs against them And presumes to Keep days of Fasting and thanksgiving of his oune devysing And farder the said Mr John uith his accomplices John Mcjore George Menzies William Mcjore Robert Litle John and Androw Colvills Patrick Mcjore John Mckenzie Robert Blyth and ane other John Mcjore and John Corsbie all duelling 2 residing uithin the steuartry of Kirkcudbright and William Falconer Late servant to the said Mr John Hepburne Thomas Rae of Drummoir George McKairtney of Blackett John Hannan of Culmayne […] Welsh of Scarr and […] of Knockshinnoch Have upon one or other of the days of may June Last bypast or Jullie instant Have made unlaufull Convocations and raised scandalous tumults against the setled order of the Church and the lawfull exercise therof And doe support and Countenance the said Mr John Hepburne in his said seditious and schismaticall courses And particularly upon the tenth day of May last The forsaids persons John McJore George Menzies William Mcjore Robert Litle John and Androw Colvills Patrick Mcjore and John Mckenzie Robert Blyth the other John Mcjore John Corsbie William Falconer Thomas Rae George Mccairtney John Hannan […] Welsh of Scarr and […] of Knockshinnoch opposed and disturbed Mr Androw Reid minister sent by the presbytrie of the bounds to preach at the church of Orr by Causing shutt up the Church doors protesting against his preaching upon foolish and false Grounds Contained and sett doun in a paper subscribed uith their3 hands and affixed by them upon the door of the said Church of Orr as the said paper will testifie As also by upbraiding and reproaching the said Mr Androw Reid uith all Insolence Calling him a soul murderer and asking him who sent for him and dryving away his horse through the fields and severall other opprobrious uords and deeds By all which the forsaids persons are guiltie art and part of the Crims Lybelled And ought therfore to be punished by the pains of Law In there persons and Goods To the example and terror of others to doe or Committ the Lyke in tyme coming And anent the charge Given to the saids Defenders to Have Compeared personallie before the saids Lords of his Majesties privie Counsell at ane Certaine day bypast To Have ansuered the Grounds of the abovewryten Complaint and to have Heard and seen such order and Course taken therwith as the saids Lords should think fitt under the paine of rebellion and putting them to the horne with Certification etc as the said principall Lybell with the executions therof in themselves more fullie proports Which Lybell Being this day Called in presence of the saids Lords of his majesties privie Councill And his Majesties advocat Compearing personallie for his Majesties Intrest And the said Mr John Hepburne Compearing personallie with Mr Hugh Dalrymple his Advocat The said Mr John Hepburn Judicallie acknouledged that he hes preached and exercised other parts of the ministeriall function since the year Jaj vjc nyntie three And that he hes not suorne and signed the oath of alleadgance nor signed the assurance appointed to his Majestie by act of parliament and that he is not yet satisfied to doe the same which acknouledgement he refuised to signe And Therfore The saids Lords of his Majesties privie Councill Doe heirby Confyne the said Mr. John Hepburne to the toune of Breichen and tuo miles about the same And ordaines him instantly to Find Caution acted in the Books of his Majesties privie Councill That he shall repair straight to the place of his Confynment betuixt and Teusday the fourth day of Agust nixt to Come and shall Keep uithin the same and not Goe uithout the bounds therof under the penaltie of Three Thousand merks scotts In case he shall transgress in any part of the premisses And in case the said Mr John shall not Instantly find sufficient Caution In manner forsaid ordaines him to be Carryed prisoner to the tolbooth of Edinburgh untill he find Cautione as said is

Att Edinburgh the tuenty Eight day of July Jaj vjc nyntie six years

A1696/7/471

Decreet

Decreit His Majesties Advocat Against Mr John Hepburne

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties advocat for his highnes Intrest in the matter underwryten Mentioning That wher by the sixth Act of the fourth session of this his Majesties Current parliament It is statut that all persons in publict trust And particularly that all preachers and ministers of the Gospell Doe suear the oath of alleadgance and subscribe the same with the assurance betuixt and the days therto appointed under the Certification that the saids Ministers if provyded to Kirks shall be deprived of their benefice or stipend And preachers not provyded to Kirks shall be punished by banishment or otheruise as the Lords of his Majesties privie Councill shall think fitt Lykeas by the tuenty tuo Act of the fifth session of the same parliament It is statut That whoever for therafter should intrude themselves into any Church paroch benefice or shall exercise any pairt of the Ministeriall function without ane orderly Call and Legall admission by the presbyterie of the Bounds shall be Incapable of Enjoying any Church stipend or benefice uithin this Kingdome for the space of seven years after their removall from the Church wherinto they have Intruded And farder It is appointed and ordained by the Laus of God and the Laus of this Realme that all men should behave orderly and quietly uithout tumult or Convocation or offering to disturb the established order of this Church and the Ministers exercising the same or anyuays troubling the publict peace of the Kingdome Nevertheless It is of veritie That Mr John Hepburn sometyme minister but now a vagrant preacher shaking of all fear of God or regaird to his Majesties Laus Hath for severall months and years bygone And on one or other of the days therof presumed at his oune hand to preach and exerce the other parts of his Ministeriall functione att severall places and particularly at the Kirks or uithin the paroches of Orr and Kirkgunzeon uithin the steuartry of Kirkcudbright and Dronasdeer uithin the shire of Nithsdale In which Kirk and paroch of Orr He hath also unduely Intruided without having qualified himself by suearing the oath of alleadgance and subscribing the same uith the assurance uithin the days appointed by the act of parliament In manifest Contempt of the saids Acts As also of the sentence of the Generall Assembly wherby he stands suspended As also the said Mr. John Hepburn Contemns the Fasts and Thanksgivings appointed by authority and Inveighs against them And presumes to Keep days of Fasting and thanksgiving of his oune devysing And farder the said Mr John uith his accomplices John Mcjore George Menzies William Mcjore Robert Litle John and Androw Colvills Patrick Mcjore John Mckenzie Robert Blyth and ane other John Mcjore and John Corsbie all duelling 2 residing uithin the steuartry of Kirkcudbright and William Falconer Late servant to the said Mr John Hepburne Thomas Rae of Drummoir George McKairtney of Blackett John Hannan of Culmayne […] Welsh of Scarr and […] of Knockshinnoch Have upon one or other of the days of may June Last bypast or Jullie instant Have made unlaufull Convocations and raised scandalous tumults against the setled order of the Church and the lawfull exercise therof And doe support and Countenance the said Mr John Hepburne in his said seditious and schismaticall courses And particularly upon the tenth day of May last The forsaids persons John McJore George Menzies William Mcjore Robert Litle John and Androw Colvills Patrick Mcjore and John Mckenzie Robert Blyth the other John Mcjore John Corsbie William Falconer Thomas Rae George Mccairtney John Hannan […] Welsh of Scarr and […] of Knockshinnoch opposed and disturbed Mr Androw Reid minister sent by the presbytrie of the bounds to preach at the church of Orr by Causing shutt up the Church doors protesting against his preaching upon foolish and false Grounds Contained and sett doun in a paper subscribed uith their3 hands and affixed by them upon the door of the said Church of Orr as the said paper will testifie As also by upbraiding and reproaching the said Mr Androw Reid uith all Insolence Calling him a soul murderer and asking him who sent for him and dryving away his horse through the fields and severall other opprobrious uords and deeds By all which the forsaids persons are guiltie art and part of the Crims Lybelled And ought therfore to be punished by the pains of Law In there persons and Goods To the example and terror of others to doe or Committ the Lyke in tyme coming And anent the charge Given to the saids Defenders to Have Compeared personallie before the saids Lords of his Majesties privie Counsell at ane Certaine day bypast To Have ansuered the Grounds of the abovewryten Complaint and to have Heard and seen such order and Course taken therwith as the saids Lords should think fitt under the paine of rebellion and putting them to the horne with Certification etc as the said principall Lybell with the executions therof in themselves more fullie proports Which Lybell Being this day Called in presence of the saids Lords of his majesties privie Councill And his Majesties advocat Compearing personallie for his Majesties Intrest And the said Mr John Hepburne Compearing personallie with Mr Hugh Dalrymple his Advocat The said Mr John Hepburn Judicallie acknouledged that he hes preached and exercised other parts of the ministeriall function since the year Jaj vjc nyntie three And that he hes not suorne and signed the oath of alleadgance nor signed the assurance appointed to his Majestie by act of parliament and that he is not yet satisfied to doe the same which acknouledgement he refuised to signe And Therfore The saids Lords of his Majesties privie Councill Doe heirby Confyne the said Mr. John Hepburne to the toune of Breichen and tuo miles about the same And ordaines him instantly to Find Caution acted in the Books of his Majesties privie Councill That he shall repair straight to the place of his Confynment betuixt and Teusday the fourth day of Agust nixt to Come and shall Keep uithin the same and not Goe uithout the bounds therof under the penaltie of Three Thousand merks scotts In case he shall transgress in any part of the premisses And in case the said Mr John shall not Instantly find sufficient Caution In manner forsaid ordaines him to be Carryed prisoner to the tolbooth of Edinburgh untill he find Cautione as said is

1. NRS, PC1/50, 607-10.

2. The word ‘and’ scored out here.

3. Insertion. Several illegible words deleted.

1. NRS, PC1/50, 607-10.

2. The word ‘and’ scored out here.

3. Insertion. Several illegible words deleted.