Procedure, 24 December 1702, Edinburgh

Att Edinburgh The Twenty eight day of July J^aj vii^c and two years

A1702/7/35

A1702/7/35¹

Decreet

Decreit of Deprivation The Agent for the Kirk against Mr James Cheyne

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of her Majesties privy Councill At the Instance of John Blair agent for the Kirk with concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwrittin Making Mention, That wher by the Sixth act of the fourth Session of our Current parliament Entituled act for takeing the Oath of alledgance and assurance It is Statute that all preacher sand Ministers of the Gospell whatsomever Doe Swear the oath of alledgance and that they Subscrybe the Samen 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 that preachers not provided to kirks shall be punished by banishment or Otherwayes As the Lords of ² privy Councill Shall think fitt Likeas by the twenty two act of the fifth Session of the Current parliament It is Statute that whoever therafter Should intrude themselves into any Church or possess Manse or benefice or exercise any part of the Ministeriall function within any parochin without ane Orderly call from the heritors and eldership and legall Admission from the presbytrie of the bounds Should be removed and declared incapable of enjoying of any Church; Stipend or benefice for the Space of seven years therafter, And farder it is recommended to the Lords of her Majesties privy Councill to remove all Such who proceeding the said act Did Since the establishment of the present Church Government intrude in maner forsaid Yet Nevertheless It is of verity that Mr James Cheyne intruder at Rathen Contrary to the Saids Acts Doeth presume and continue to preach and exercise the other parts of his Ministeriall function without haveing qualified himself conforme to the appointment of the said act by Swearing the Oath of alledgance and Susbcrybeing the same with the assurance; As also hath intruded himself in to the Said Church of Rathen without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; And as a farder evidence of his defection to the present Government He allwayes refused to read the publict proclamationes appointed by authority For observeing the Solemn dayes of fastings and thanksgiveings But on the contrary He the said Mr James Cheyne most maliciously dispised and mocked at the reasones and Causes Contained in the Said proclamationes; And the said Mr James Cheyne Still continues in the said paroch infecting and troubleing that bounds to the great disqueit³ of the Setled peace and order of the Church Wherby he hath incurred the Certificationes contained in the Saids acts and proclamationes Conforme to his condition and Character Which being nottour and certaine And such as he neither does nor can deny He the Said Mr James Cheyne Ought and Should be punished Conforme to the forsaids acts and proclamationes and farder effectually restrained for hereafter from Committing any Such abuses to the example and teror of Others to doe the like in time comeing And Anent the Charge given to the Said Mr James Cheyne defender To have Compeared personally before the Saids Lords at ane Certain day now bygone To have answered to the points of the above Complaint and to have heard and Seen Such order and Course taken theranent as they Shall find Just As the Said Lybell or Letters bears; Which Lybell being this day called In presence of the Lords of her Majesties privy Councill; And the said John Blair pursuer Compearing personally with Sir James Stewart her Majesties advocat; And the said Mr James Cheyne defender being Lawfully cited oft tymes called and not Compearing The Saids Lords Granted Certification against the said Mr James Cheyne of his absence and not Compearing And Ordaines Letters of Denunciation to be direct to messengers at Armes Commanding them to the Marcat Cross of […] And their in her Majesties name and authority To duely Lawfully and orderly denunce the said Mr James Cheyne her Majesties rebell and put him to her highnes horne; And ordaines his Moveable goods and geir to be escheat and inbrought to her Majesties use for his contempt and disobedience The Said Lybell being read; And the Councill haveing Considered the Same with the points and articles therof The saids Lords of her Majesties privy Councill Have Deprived and hereby Deprives the Said Mr James Chyne from the benefice and Church of Rathen And Declares the Said Church vaccant; And Discharges the said Mr James to preach or exercise any other parts of his Ministeriall function within the Said parochin of Rathen in time comeing, And Decernes and Ordaines him to flitt and remove himself wife family and Servants furth and frae the Manse and Gleib of Rathen and out of the Said paroch; And that betwixt and the terme of Martinmess nixt to come; And to leave the Samen void and redd and Ordaines Letters of horning on Fiftein dayes and other executorialls needfull to be direct hereon under the Signet of privy Councill in forme as effeirs.