Act, 28 December 1693, Edinburgh

Edinburgh the Thrid day of June J^aj vj^c nyntie thrie years

D1693/6/4

D1693/6/4¹

Decreet

Decreet The Magistrats of Aberdeen Against The Regents and Students of the Collodges.

Anent a Lybell raised and pursued befor their Majesties Commissioner and Lords of privy Councill at the instance of Mr Walter Cochran of Dumbreth provest of Aberdein, Robert Cruikshank, Alexander Walker Patrick Gellie and Thomas Mitchell baillies James Reid Dean of gild and Alexander Ragg thesaurer for themselves and in name and behalf of the toun Councill of Aberdeen and Sir James Stewart their majesties advocat for their highnes intrest in the matter underwritten Makand Mention That quher by the lawes of this and all other weell governed realmes, unlawfull Convocatione, Conveenings tumults uproars and Ryots Specially when within burgh against the Magistrats therof and in armes on the Lords day And the disturbance and hinderance of divyne worship are crymes of ane high nature and severly punishable, Lykeas by the act of Parliament James Sicond parliament fourteinth Caput seventie seven and parliament sixth Caput Eightie seven all ratified James Sixth parliament Eighteinth Caput seventeinth It is statute that no convocatione or riseing of Comons be made in burrowes to the tendering of the law Bot at Comand of the said officer under the paine of Confiscatione of goods and the lives of the offenders to be at the kings will And by the act Queen Mary parliament nynth Caput Eightie thrie It is statute that non make privy Conventiones or put on armour within burgh without the Queen and the Magistrates Licence under the paine of death And by the forsaid act James Sixth parliament Eighteinth Caput Seventeinth the said act of Queen Mary is Ratified with this aditione that non Convocat or assemble within burgh except they have Licence of the magistrat And that they doe nothing in their meetting against the acts of parliament and quyet of the burgh Otherwayes the saids meettings are Declared seditious as also by the act Queen Mary parliament fifth Caput seventeinth perticlers of the kirk in time of divyne service or preaching are to be severely punished. And by the act James Sixth parliament Eleventh It is statute that troublers of the kirk who causes any fry therin or in the kirk yeard in time of divyne service be punished by tinsell of all their moveables Nevertheless It is verity that Mr George Gardin late minister at Aberdeen haveing been deprived for not praying for their majesties by sentance of the Lords of privy Councill from his kirk in Aberdeen and benefice and stipend therof and the same declared vacant The magistrats for Supplieing the vaccancie mett with the other thrie ministers of the burgh, And after reading of the act of Mr Gairdins deprivatione Concluded with them that they should supply the vaccancie for that week And that the magistrates should supplie it therafter whill vaccant conforme to their priviledge and the custome of the place Bot notwithstanding of the said agreement The saids ministers being still prelatick and not yet returned to the presbyterian Church Did clandestinly In all their prelatick session without so much as acquainting the saids magistrates although they be a part of the said session, And actually named everie year alse weell as the ministers to be members therof And theu haveing offered their service to the session for suplieing the said vaccancie on purpose to keep the magistrates from setting up of any presbyterian Church not of their perswasion The session and they sent one of the Ministers with five or six of their member to the magistrats desyreing them to accept of the forsaid offer And pretending that the right of Supplieing pertained to them which practise was in effect the cause and rise of all the Disorder and tumult that insued bot the magistrats for seeing the designe and being tender of their oun priviledge made answer that they would advyse with the toune Councill who unanimously Declared that the right of the Suppleing belonged to themselves And Remitted to the magistrates to choise and appoint such ministers as they should think fitt for that effect Wherupon the magistrates Finding on Mr James Webster a presbyterian minister of good report preaching by warrand in the place thought good to desyre him to supply Doctor Gairdnes turne the afternoon of the Lords day the nynteinth of March last which he accepting And the magsitrats perceiveing that from the forsaid officious and unwarantable contrivance of the prelatick ministers and their session some Disorder was like to arise from the students of the two Collodges, They sent the said baillie Cruikshank to both the Collodges to enquire the masters and members to be care full Conforme to the late act of privy Councill which they hade then heard off. To keep their students from all Disorders either in the Churches or else quher as they would be answerable, And haveing read to them the double of the act of privy Councill And Received the masters answers That they hade intimate the same act to the students And were confident ther should be no disorder, The baillie upon the wholl took instruments Notwithstanding quherof the students of both Collodges afternamed viz […] Frazer of Beufort […] Davidsone of Begay John Elphingstoune of Ballabegg, Alexander Mylne sone to the minister of Renholme […] Frazer sone to the Proveist of Innverness Patrick Hay sone to the Provest of St Johnstone, Hendry and Samuell Straittons Sones to Androw Straitton appothecary in Montross, John Ogilvie sone to the tutor of Innerwharitie John Sinclar in Caithnes William Cunninghame ther […] Ross sone to […] Ross of Clava James Duff sone to Baillie Duff in Inverness […] Cumming sone to Mr David Cumming minister in Brae Murray Alexander Ogilvie brother to Innerwharity Alexander Dumbart sone to David Dumbar of Balnubettie Robert Taylor sone to the Provest of Montross, William Lyall sone to the Clerk of Montross John Grant brother to Rothiemercus Alexander Clerk sone to Mr Alexander Clerk sometymes minister at Innverness Malcome Mcgrigor in Mr Blacks class Lodovick Brodie in the said class Archibald Douglas also in that class Robert Forbes sone to Pitsligo, Heugh Frazer nephew to the said sub principall, Donald Mckay major in the said sub principalls class, Donald Mckay minor in the said class Collin Mckenzie sone to the Laird of Coull, David Ogilvie in Mr Skeens class, John Falconar of Gallwoay, George Mckillan Angus in Mr Skeens Class, John Lindsay of Pitscoullie and his servant John Gellie in the sub principalls class Keneth Gordon in the said class John Urquhart Elchies sones servant, Charles Bruce in Mr Blacks class John Mckenzie sone to Dalhmaluack, Heugh Monro sone to John Monro of Inverinie […] Gordons sones to Groffie Gordone, Androw Bruce in Zetland, Lauchlan Mcphersone sone to […] Mcphersone of Noid George Ridich sone to the minister of Park Hay are students in the Colledge in Old Aberdein James Irvine sone to Kinkousie Petter Grame of Grameshall, William Craigie sone to the Laird of Garsio in Orkney John Rae Alexander Jaffrey, William Fergusone son to Badifurro, John Innes a burser, George Nathaniall, and Lauchlon Forbes sones to the Laird of Skellitor William Lindsay sone to the Laird of Eagle Androw Irving sone to Lintruck, Alexander Davidsone Alexander and William Irvins sones to the Laird of Artamfoord James Lesslie Alexander Whyt sone to the minister [at] Mary Coutter […] Reids sones to James Reid John Pantoune sone to John Pantoune of Pockok Alexander Irvine sone to the minister of Petter Coulter David s Coupland sone to the minister of Cushney David Patersone sone to principall Patersone David Blenshall burser […] Grant sone to Creichie Grant a papist William Thaine sone to William Thaine of Gavill John Aberdein sone to Alexander Aberdein merchant in Aberdeen all students in the Marishall Collodge of New Aberdeen with their Accomplices in open contempt of the authority both of privy Councill and toune Councill Cam about the second bell in the afternoon of the said Lords day to the new kirk quher the said Mr James Websters was appointed to preach and without regaird to the peoples being about divyne worship by the singing of psalms did in a tumultuous barbarous and hostill menner with swords pistolls Durks and staffs break in and entered the Church and furiously Louping and running over the Dasks gott up upon the magistrats Dasks and trode upon their Cushen and Carpat beating with their swords upon the same and openly threatning That were the magistrates their themselvs They should have treated them in the like maner, And from thence they run over the body of the Church then very throng tradeing upon men and women and comeing to the pulpit and readers seatt or laittron They in their made raig beat upon the great bible and green cloath outtering many horid oathes Comanding all persones to remove out of the Church, And expressly such as ware for them else they would knock them doune which they accordingly execute by the threating some and beatting others particularly women and women with Child who have since been in hazard to miscary, And haveing brock some Dasks and Chairs and like matterialls within the Church they reinforced the doors keeping in the same turneing out others by one of the doors the left open and then in a most contemptuous maner to the Dishonor of god and profanation of his day and house Caused carie and Caried a Chair in processione round the pillars of the Church crying be hold the presbyterian pulpit, And Singing Carte and the King come, and then thretned and beat ane old man to Sing Glory to the father whill they at the same time most Blasphemeously did sing Lillie Bulero, And this venting their rage by many Other insolencies quherof their complices abovenamed were their incouradgers and assisters they stayed in the said Church keeping the doors therof rainforced a good part of the afternoon, And then sent to the old Church in time of divyne worship ther some of their number as Commissionat from the rest and particularly […] Irvine sone to the Laird of Kinhousie who came with a drawen sword in his hand to the great surprize and affrightmenet of the people throw the church to the readers Seatt or lattron wher Mr Androw Burnet the minister was sitting and desyred him to come and preach in the new kirk And this was done in presence of Mr Robert Patersone principall of the new Collodge and his four regents viz Master George Peacock, Mr Alexander Litster, Mr James Moir and Mr Alexander Moir all eye witnesses Bot not offering so much as restraine or crubb the abuse and in effect the said principall Patersone before he came to the Church did from the house of Thomas Hay shireff Clerk see the forsaid Rable of Students enter the Church yeard Bot instead of offering to Stop or restraine went to the old Church without farder care or concerning himself with the forsaid abuse even in his oun presence, Bot on the contrary when some of the regents offered to goe to the new Church to Compess the rable he suffered them not to doe it, And farder he encouraged the said rable before hand be telling them that the best and worst of it was extrusion for thrie dayes And that they might be doeing untill they hade ane act of Councill to the Contrair and then it would be time to forbear Lykeas Mr George Frazer sub-principall of the old toune Colledge did see the schollars of the old toune goe by his house to raise and make the forsaid tumult and did advertise his Colligues of it, Bot neither they viz Doctor George Midltoune principall Mr George Frazer sub-principall Mr William Black and Mr George Skeen regents nor they did use any endeavors to hinder or prevent what they so plainely forsaw and were forwarned off nor yet to compess the tumlt or Reduce their Schollars in peace and good order, nor did the insolencies of the saids students in all probability incouradged and abaitted by others subsist here Bot on the Munday the twentie of the said moneth of march after the saids Lords day, The magistrats with severall others of the inhabitants being called to the buriall of the deceast Laird of Druns sone, The masters of the new Colledge ordered their mace to be Caried before the magistrats and themselves quhich wes not usuall and planely designed as afterwards appeared to put ane affront on the magistrats for when the magistrats hade walked half a myle and made ane stopt for about half ane hour waiting for the corps The saids masters did seperat from them, And then the students of their Collodge being all Conveened went to the mace bearer and after some undervalueing words against the magistrats did violently dragg him for the space of two pair of Butts from the place wher he was sitting Discharging and threatning him not to bear the said mace before them, which might have been the Occasione of a new Tumult if the magistrats hade not Descreetly disembled their resentment, And yet when the masters came up and were told of what hapned They did not restraine their schollars, Bot on the contrary they continued ther insolencies in their masters presence And because modestly reproved by some of the tounes men who presumed upon their accquaintance with tem after the buriall They went tin tumultuous maner and searched ther houses to doe them mischeiff affrighting their wyfes and parents with their threats and violent cariage, And when the same day after the buriall Beillie Cruikshank was goeing home peacably to his oun lodging some of the said students did hound the dogs at him and cryed reproachdly after him, All which insolencies the forsaid magistrats and others did bear patiently for peace sake Contenting themselves to represent to their majesties who yet did not use any punishment or Correctione untill they had notice of the privy Councills resentment of the matter and their orders to Sir Thomas Livingstone about it And then upon the last of march they hade a shew of Correcting of them by a Shame Whiping thinking to prevent the Just Cencures they hade incurred, And quhich yet are absolutely necesasry seing these insolent Students Doe Still persist to call severall of the inhabitants as they pass throw the Streets Cammies or Cameronians and hiss at them when in the mean time popish preists Doe Walk Securely unmolested nor is the insolence of these students a matter a matter² wholly recent for when about mertimiss Last at the buriall of Grandhames Lady, The magistrats accompanied the buriall which was in the eventing with links caried before them from the Newtoune to the old the said Students conveened to have taken the links from the bearers who were returning before the magistrates and others of the inhabitants and when Descreetly Desyred to forbear by Patrick Whyt present Deacon Conveener […] Frazer of Brewfood a³ ring leader both of that and this tumult beatt him over the head with a batton wherwith he cutt his head to the great effusion of his blood, which was at that time so much neglected by the masters that tho at their earnest desyre the magistrats and the said Deacon Conveener Did forbear to bring it before the Lords of privy Councill yet this Befort was in effect one of the principall actors of the late Ryott All which insolencies being now of along tract and still growing So that partly through the instigation of the secret abaitters disaffected to his majesties government and partly throw the incuradgment at least Connivence given to them by their masters and others who Ought to restraine them, They are growen to that height that visiblie threatens the peace of the place and the securitie of their Majesties government and may become on any occasion that may afterwards hapen a pretext and mean of far greater mischeiff It is necessary that the same be fully Cognosied by the saids Lords of privy Councill and proper remeedies by them prescribed for preventing the same in time comeing And Therfore the forsaids persones being guilty are airt and part in the premisses Ought and should be Condignly punished for the forsaids high ryots and misdimaners to the example and terror of others to doe the like in tyme comeing And Anent the charge given to the haill fornamed persones defenders To have Compeired personally before the saids Lords at ane certain day new bygone to have answered to the grounds of the above written Complaint And to have heard and seen such order and Course taken theranent as the saids Lords shall think fitt as the said Lybell and executiones therof more fully proports Which Lybell being upon the Fourth of May J^aj vj^c nyntie thrie years Called in presence of the saids Lords of privy Councill And provest Cochran and Baillie Mitchell two of the pursuars in the principall Lybell and defenders in the Reconventione Compeiring personally with Sir Patrick Home Sir James Ogilvie and Mr David Forbes their advocats And the masters and Regents of the said two Collodges defenders in the principall Lybell and pursuars in the reconventione Compeiring also personally and […] Davidsone of Bagai Alexander Myne Hendry and Samuell Straittones, John Ogilvie, Robert Taylor William Lyall John Falconar George Mcillanangus and William Lindsay students also defenders in the principall Lybell Compeiring also personally with Sir Robert Colt Sir David Thores, Mrs Hew Dalrymple and William Hoge advocats, And the rest of the defenders in the principall Lybell, And also the defenders in the reconventione except provest Cochran and Baillie Mitchell being ansent, called and not Compeiring, The principall Lybell and answers therto for the masters and regents, And Likewayes the answers for John Ogilvie, William Lyell Robert Taylor Henry and Samuell Straittones Alexander Mylne John Falconar and Patrick Hay Schollars And also the Lybell of reconvention and answers therto being all read and the advocats for both parties heard Their Majesties high Commissioner and the Lords of privy Councill Doe Admitt both Lybells such of them as Compeired at the barr as is marked on the rolls Haveing made faith Recomended to the Earles of Argyll and Anandale and the Lords thesaurer depute and Carmichell, Pollwarth and Enstruther to examine the witnesses upon either Lybell And Reserves all objectiones quhich may be made agaisnt the witnesses to be proponed and discust before the Committie And Recomended to the said Committie to meet on Saturday nixt at nyne in the forenoon And Declared any thrie of them to be a Sufficient quorum And the said Committie Haveing accordingly mett and taken the oathes and Depositiones of diverse and sundrie famous witnesses adduced for aither of the saids parties, And the saids Lords of privy Councill haveing this day Considered the said Lybell at the instance of the said magistrats against the masters and students of the Collodges with the answers for the principalls and remanent masters and members of both Collodges, And the particular ansers for, John Ogilvie William Lyall Robert Taylor Hendry and Samuall Straittones Alexander Mylne John Falconar and Patrick Hay Students in the kings Collodge of old⁴ Aberdeen made to the said Lybell with the Lybell of reconventione And answers therto and the witnesses Depositiones taken on both Lybells, They heirby Grant Certificatione against James Irvine sone to Kinkoussie William Fergusone sone to […] Ferguson of Badifurrow and John Rae studdents in the Marishall Collodge in the new toune of Aberdein and […] Frazer sone to the provest of Innverness a student in the Kings Collodge in old Aberdein four of the defenders in the principall Lybell, In respect of their absence and not Compeirance And ordaines letters of Denunciatione to be direct furth against them Comanding messengers at armes and others to pass to the marcat cross of […] and other places needfull, And their in their majesties name and authoritie duely Lawfullie and orderly Denunce the above named four defenders their majesties rebells and put them to the horne escheat and inbring all their moveable goods and geir to their Majesties use for their contemptione and Disobedience, And Appoints their Majesties solicitor to take out and cause execute and registrat the saids letters And in the mean time ordains the shirreff principall of the shyre of Aberdeen and his deputies and the shireff principall of the Shyre of Innverness and his deputes to cause search for seiz and apprehend the persones of the said James Irvine, William Fergusone John Rae and […] Frazer wherever they can be apprehended within their Jurisdictiones and cause convey them under a suficient guard from shirreff to shirreff till they be brought to Edinburgh, And deliver them to the magistrates of that burgh who are heirby Requyred to detaine them in sure firmance untill they appear before the saids Lords of privy Councill, And ordaines the principalls and masters of the Collodge of new Aberdeen instantly to give in to the Clerks of privy Councill ane full List of all the Students in their respective Collodges who ware whipt extrided or otherwayes punished upon accompt of this ryot or tumult Lybelled with the names and designationes both of the students forsaids themselves And Likwayes of their parents, And Recomends to Sir James Stewart their majesties advocat to raise letters against the parents of these students for citeing them to Compeir themselves and to produce their said sones before the Councill That they may answer to the points Lybelled against them with Certification if they faillie etc. And appoints Sir James Ogilvie their Majesties Solicitor to cause execute these letters, And allowes the haill masters of the saids two Collodges to repair to their respective Homes for attending the Lauriatione Except Mr Robert Patersone principall of the new toun Collodge and Mr […] Frazer sub principall of the […] Collodge who they appoint to attend at Edinburgh till the Cause be determined And the Lord high Commissioner and Lords of privy Councill doe heirby give Full Commission to and authorise and Impower the magistrats of Aberdein not only to seaze upon and apprehend bot also to punish all persones quhatsomever alse weell students as others when for the future. Shall be guilty of any Ryot Tumult or disorders within the bounds of the said magistrates their Jurisdictione untill farder order of privy Councill And that notwithstanding of any former act or order of Councill made in Contrair heirof