Scottish Privy Council Records

Att Edinburgh the Nynteinth¹ day of December J^aj vj^c nyntie tuo years

A1692/12/55²

Decreet

Decreet of Certification There majesties Sollicitor against Mr Jasper Kellie

Anent the Lybell or Complaint Raised and persued before the Lords of there Majesties privie Councill at the Instance of Sir William Lockhart there Majesties sollicitor for there Highness interest in the matter underwreitten Mentioneing That where albeit by a proclamatione of the meeting of the Estates of the Kingdome of Scotland daited the thretteinth day of Apryll J^aj vj^c and Eightie nyne It is statute and ordained that non presume upon there Highest perrill by word wreitting in sermone of any other maner of way to Impugne or dissoune the Royall authoritie of there majesties King William and Queen Mary as King and Queen of Scotland And that all Ministers of the Gospell within the Kingdome publictly pray for there Majesties as King and Queen of this realme And particularly these on this syde of the river of Tay are requyred under the pain of deprivatione and Loseing there benefices to read the said proclamation publictly from there pulpitts upon Sunday the tuenty first of the said moneth of Apryll J^aj vj^c Eightie nyne Likeas by the threttie fyfth act of the second sessione of this present current parliament There majestyes and the Estates of parliament doe thereby prohibite and discharge all ministers depryved for not praying publictly for there Majesties as King and King³ of this Realme and for not reading of the said proclamation of the estates for that effect To preach or exercise any pairt of the ministiriall functione aither in churches or elsewhere upon any pretext whatsomever untill first they present themselves to the Lords of privie Councill And there in presence of the saids Lords take swear and subscryve the oath of alleadgeance And alse engadge themselves under there hands to pray for there Majesties as King and Queen of this Realme And not to oune the late King James the Seventh in any Sort Conforme to the tenor of the said proclamatione Certifyeing such ministers as should doe in the contrair That they should be proceeded against as persones dissaffected and Enemyes to the government with all rigor And thereby also the estates of parliament ordaine the said proclamation and act of the Estates to be putt to farder execution againest all ministers who have not given obedience thereto And Farder the Lords of privie Councill by there proclamation daitted the tuenty eight day of Apryll J^aj vj^c nyntie tuo Makeing Mention of the forsaid act or proclamatione of the meeting of the estates and of the forsaid act of parliament Did in persueance thereof strictly Comand and requyre the Shirreffs of the severall shyres Bailzies of regalityes and other magistrats of the Kingdome within there oune bounds and Jurisdictiones to make due and exact tryall what ministers preaching in churches and meeting houses pray not ordinarily for there Majesties In such Circumstantiat termes as the hearers may distinctly know that they pray for there majesties as King and Queen of this Realme Requyring the saids Magistrats to take Information of all evidence againest the saids contraveeners and to transmitt the same to the Clerks of Councill To the effect they might be prosecute with all rigor And the penalties and certificationes of the saids Lawes Justly Inflicted upon them And true It is That Notwithstanding Mr Jasper Kellie Late dean of Dumblaine wes for not obeying of the said proclamation according to the tenor thereof by praying for there Majestyes And for not reading and publishing the said proclamation depryved by decreet of the saids Lords of privie Councill of the date the tuenty sixth day of Jully J^aj vj^c Eightie Nyne from the said benefice and stipend of Dumblaine and the Kirk declared vacant and be discharged from preaching thereat or exerciseing any other pairt of the ministeriall functione in all tyme thereafter and ordained to remove from Manse and Gleib As in the said act or proclamatione of the Meeting of the Estates sentence of deprivatione act of parliament and proclamation of privie Councill is fully Contained Nevertheless it is of verity that the said Mr Jasper Kellie Haveing shaken of all regaird to there Majesties authority and Lawes Continueth in open and manifest contempt thereof pernicuously and dangerously to diffuse to poysone of his dissaffectione to the Government In So farr as the said Mr Jasper Kellie not only since the said deprivatione But even since the said act of parliament And particularly upon the […] day of august⁴ september october november or December J^aj vj^c Eightie nyne or upon the […] day of Januarij Februarij March Apryll maij Juny Jully August september october November or December J^aj vj^c nyntie and J^aj vj^c nyntie one or upon the […] day of Januarij Februarij March Apryll maij Junij Jullij August september october November or December J^aj vj^c nyntie tuo years instant or ane or other of the dayes of the saids moneths and yearly did publictly preach and exercise the ministeriall functione within the toun of Dumblaine and paroch thereof or else where without qualifyeing himself by Law viz By Compearing befor the saids Lords of privie Councill And swearing takeing and signeing the oath of alleadgeance And Engadgeing himself under his hand to pray for there Majesties as King and Queen of this Realme And not to oune the Late King James in any sort And did not pray for there Majesties in Express or at least did not pray in Such Circumstantiat termes as the hearers might distinctly know that he prayed for there Majesties Convocating thereby people from severall paroches of the countrey Stirring up and formenting there dissaffectione to there Majesties authority and Government Encouradgeing there majesties enemies and discouraging there Loyall and duetyfull subjects As also the said Mr Jasper Kellie upon one or other of the dayes of the saids moneths and yeirs forsaids did marry severall persones within the said paroch or else where And particularly he marryed Robert Mcfarland in Doune to […] Caddell daughter to Thomas Caddell smith there Robert McLelland in Doune to Janet Duthie servant to George Robertsone in Dumblaine Donald Mcizack Dalbrack to Grissell Aitkine and severall others As also The said Mr Jasper Kellie upon one or other of the dayes and years above specified Did baptize severall children in the said paroch or else where And pariticularly the Children of the persones following viz one to John Buchannan flesher in Dumblaine one to Hary Buchanan there one to John Whythead taylor there one to Alexander Thomson barber there one to Alexander Glass there Tuo to William Caddell ventiner there, one to John Cairnes maltman there one to John McLelland there one to James Thomson there one to Robert Marks in Dumblaine with severall others off all which crymes the said Mr Jasper Kellie is Guilty airt or pairt And therefore the said Mr Jasper Kellie ought and should be exemplarly punished in his persone and goods to the terror of others to comitt the Lyke in tyme comeing And Anent the Charge Given to the said Mr Jasper Kellie To have Compeared before the saids Lords of privie Councill this day and place To Ansuer to the poynts of the above Complaint And to hear and see such order and Course taken thereanent as appertaines under the paine of rebellione and putting of him to the horne with Certificatione to him If he failzie There Majesties other Letters should be direct Simpliciter for putting him thereto As the said Lybell and executiones at more Length bears Which Lybell above wreitten being this day called in presence of the saids Lords of privie Councill And the persewer Compearing personally And the said defender being Lawfully cited oft tymes called and not compearing The saids Lords of there Majesties privie Councill doe hereby grant Certification againest the said Mr Jasper Kellie defender In respect of his absence And ordaines Letters to be direct to Messengers at armes Comanding them to pass to the mercat cross of […] or other places needfull And there In there Majesties names and authority to duely Lawfully and orderly denunce the said defender there majesties rebell and put him to the horne And escheitt and Inbring all his⁵ moveable goods and gear to there majesties use for his contemption and dissobedience

At Edinburgh 19¹ December 1692

A1692/12/55²

Decreet

Decreet of certification for their majesties’ solicitor against Mr Jasper Kelly

Concerning the libel or complaint raised and pursued before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, for there highnesses’ interest in the matter underwritten, mentioning that where albeit by a proclamation of the meeting of the estates of the kingdom of Scotland dated 13 April 1689, it is enacted and ordained that none presume upon their highest peril by word, writing in sermon of any other manner of way to impugn or disown the royal authority of their majesties King William and Queen Mary as king and queen of Scotland, and that all ministers of the gospel within the kingdom publicly pray for their majesties as king and queen of this realm, and particularly those on this side of the River of Tay are required under the pain of deprivation and losing their benefices to read the said proclamation publicly from their pulpits on Sunday 21 April 1689; similarly, by the 35th act of the second session of this present current parliament, their majesties and the estates of parliament thereby prohibit and discharge all ministers deprived for not praying publicly for their majesties as king and king³ of this realm and for not reading of the said proclamation of the estates for that effect to preach or exercise any part of the ministerial function, either in churches or elsewhere upon any pretext whatsoever until first they present themselves to the lords of privy council and there in presence of the said lords take, swear and subscribe the oath of allegiance and also engage themselves under their hands to pray for their majesties as king and queen of this realm and not to own the late King James VII in any sort, according to the tenor of the said proclamation, certifying such ministers as should do in the contrary that they should be proceeded against as persons disaffected and enemies to the government with all rigour, and thereby also the estates of parliament ordain the said proclamation and act of the estates to be put to further execution against all ministers who have not given obedience thereto; and further, the lords of privy council by their proclamation dated 28 April 1692, making mention of the foresaid act or proclamation of the meeting of the estates and of the foresaid act of parliament, did in pursuance thereof strictly command and require the sheriffs of the various shires, bailies of regalities and other magistrates of the kingdom within there own bounds and jurisdictions to make due and exact trial of which ministers preaching in churches and meeting houses pray not ordinarily for their majesties in such specific terms as the hearers may distinctly know that they pray for their majesties as king and queen of this realm, requiring the said magistrates to take information of all evidence against the said contraveners and to transmit the same to the clerks of council so that they might be prosecuted with all rigour, and the penalties and specifications of the said laws justly inflicted upon them; and it is true that, notwithstanding, Mr Jasper Kelly late dean of Dunblane was, for not obeying the said proclamation according to the tenor thereof by praying for their majesties and for not reading and publishing the said proclamation, deprived by decreet of the said lords of privy council of the date 26 July 1689 from the said benefice and stipend of Dunblane and the kirk declared vacant and discharged from preaching thereat or exercising any other part of the ministerial function in all time thereafter, and ordained to remove from manse and glebe as in the said act or proclamation of the meeting of the estates, sentence of deprivation, act of parliament and proclamation of privy council is fully contained. Nevertheless, it is of verity that the said Mr Jasper Kelly, having shaken off all regard to their majesties’ authority and laws, continues in open and manifest contempt thereof, perniciously and dangerously to diffuse the poison of his disaffection to the government in so far as the said Mr Jasper Kelly not only since the said deprivation but even since the said act of parliament, and particularly upon the […] day of August, September, October, November or December 1689 or upon the […] day of January, February, March, April, May, June, July, August, September, October, November or December 1690 and 1691 or upon the […] day of January, February, March, April, May, June, July, August, September, October, November or December 1692 instant or one or other of the days of the said months and yearly did publicly preach and exercise the ministerial function within the town of Dunblane and parish thereof or elsewhere without qualifying himself by law, viz: by appearing before the said lords of privy council and swearing, taking and signing the oath of allegiance and engaging himself under his hand to pray for their majesties as king and queen of this realm and not to own the late King James in any sort, and did not pray for their majesties expressly or at least did not pray in such specific terms as the hearers might distinctly know that he prayed for their majesties, convocating thereby people from several parishes of the country, stirring up and fomenting their disaffection to their majesties’ authority and government, encouraging their majesties’ enemies and discouraging their loyal and dutiful subjects. As also the said Mr Jasper Kelly upon one or other of the days of the said months and years foresaid, married several persons within the said parish or elsewhere, and particularly he married Robert McFarlane in Doune to […] Caddell daughter to Thomas Caddell, smith there, Robert McLellan in Doune to Janet Duthie, servant to George Robertson in Dunblane, Donald McIsaac Dalbrack to Grissel Aitken and several others. As also the said Mr Jasper Kelly, upon one or other of the days and years above specified baptized several children in the said parish or elsewhere and particularly the children of the persons following, viz: one to John Buchanan, flesher in Dunblane, one to Harry Buchanan there, one to John Whitehead, tailor there, one to Alexander Thomson, barber there, one to Alexander Glass there, two to William Caddell, vintner there, one to John Cairns, maltman there, one to John McLellan there, one to James Thomson there, one to Robert Marks in Dunblane, with several others, of all which crimes the said Mr Jasper Kelly is guilty art or part, and therefore the said Mr Jasper Kelly ought and should be exemplarily punished in his person and goods to the terror of others to commit the like in time coming. And regarding the charge given to the said Mr Jasper Kelly to have appeared before the said lords of privy council on this day and place to answer to the points of the above complaint and to hear and see such order and course taken as appertains, under the pain of rebellion and putting of him to the horn with certification to him that if he fails their majesties’ other letters should be directed summarily for putting him thereto as the said libel and executions at more length bear, which libel above written being this day called in presence of the said lords of privy council and the pursuer appearing personally and the said defender being lawfully cited, many times called and not appearing, the said lords of their majesties’ privy council hereby grant certification against the said Mr Jasper Kelly, defender, in respect of his absence, and they ordain letters to be directed to messengers at arms commanding them to pass to the mercat cross of […] or other necessary places and there in their majesties’ names and authority to duly, lawfully and orderly denounce the said defender as their majesties’ rebel and put him to the horn and escheat and bring in all his moveable goods and gear to their majesties’ use for his contempt and disobedience.

1. Sic., should be 29th.

1. PC1/48, 531-4.

2. Sic.

3. Word inserted above the line.

4. Word inserted above the line. Word ‘there’ scored out.