Decreet, 29 December 1698, Edinburgh

Att Edinburgh The Fifth of Aprile J^aj vj^c nynty Eight years

A1698/4/2

A1698/4/2¹

Decreet

Decreet His majesties advocat against Gall and Hall ministers

Anent the Lible or Letters of Complaint raised and persued before the Lords of his majesties privy Councill att the Instance of Sir James Stewart his majesties Advocate for his Highness Interest in the matter underwritten Mentioning That where be the Laws and acts of Parliament all ministers and preachers within this Kingdom are to qualifie themselves by swearing The oath of alledgance to his majestie and subscriving the same with the Assurance mentioned in the saids acts and that under the Certification therein mentioned yet nevertheless It is of verity That Mr John Gall Incumbent in Kinfauns and Mr Thomas Hall Incumbent in St Modois Continues and presumes to preach and to Exerce the other pairts of the ministeriall function without having qualified themselves Conform to the appointment of the saids acts By swearing the oath of alledgance and by subscriving the same with the Assurance, Wherby they and Each of them have Incurred the Certification, Contained in the said acts and ought to be Deprived and removed as use is, in such caices and farther the said Mr John Gall and Mr Thomas Hall have not only since the Elapsing of the days sett by the saids acts for ministers qualifieing themselves as said is Contemptuously continued to preach and Exerce each of them their ministrie as of before, But if need beis can be proven each of them to be guilty of several Irregularities such as Disorderly Baptizeing and marrieing Besides the said Mr John and Mr Thomas and each of them have ever since the happy Revolution altogether neglected to Read the publick proclamations solemnly appointed by authoritie for observing of daies of fasts and thanksgiving. As also notwithstanding That the saids Mr John and Mr Thomas were upon the Twenty Eight day of July Last bypast deposed by the presbetry of Perth and the same duely Intimat to them yet they Most Contemptiously Continue To preach and Exerce all the pairts of their ministeriall functions to the great Disquiet and disorder of the neighbouring paroches about, And particularly the said Mr John Gall since his said Deposition hath administrat the sacrament of the Lords Supper and admitted severall persons thereto from severall distinct paroches without Certificates To the great disorder of the Church, for doing whereof they and Each of them are Censurable, By all which It is Evident That the said Mr John Gall and Mr Thomas Hall and each of them ought to be declared to be deprived from their Benefices in the Terms of The saids acts and ordained to remove from their Manses and Gleibs within a certan short space and never to Exerce their ministry or any part of their ministerial function within the saids paroches or Bounds thereof To the Example and Terror of others To Committ the Like in tyme coming. And Anent The charge given To the said defenders, To have Compeared personally Before the saids Lords of his majesties privy Councill att ane certan day bygone To have answered to the grounds of the above Complaint and to have heard and seen such order and course taken thereanent as the saids Lords should think fitt under the pain of Rebellion and putting of them to the horn with Certification etc as in the said Lyble or Letters of Complaint with the Executions thereof att more Length proports. Which Lyble being this day called In presence of the Lords of his Majesties privy Councill And his Majesties Advocate as persuar and the saids Two persons defenders abovenamed Compearing all personally The defenders acknowledged That they were not qualified in the terms of the act of parliament and are deposed by the presbetrie and that they have preached notwithstanding thereof and that Mr Gall hade also given the Sacrament The saids Lords having Considered the forsaids Lybles with the Defenders acknowledgement abovewritten, They find the Lybles proven in so farr as is acknowledged by the said defenders. And Therfore have Deprived and heirby Deprives them of their benefices of the saids respective Kirks And Declairs their saids Kirks of Kinfauns and St Madois to be both vacant and discharges the saids defenders To preach or Exercise any pairt of their ministerial function within their saids paroches and Bounds thereof. Viz: The said Mr John Gall within the paroch of Kinfauns and the said Mr Thomas Hall within the paroch of St Madois. And Decernes and ordains the saids Defenders To flitt and Remove themselves their wifes bairns Tennents and servants furth and from their respective manses and Gleibs of the samen paroches and to leave the samen void and Rid and to remove furth of their saids paroches and that betwixt and the term of Whitsunday next to come And ordains Letters of Horning under the signet of Councill on Fiftene days and others to be direct heiron in form as Effeirs.