Decreet, 5 August 1697 (pm), Edinburgh

Act, 6 October 1697, Edinburgh

Att Edinburgh Eadem die post meridiem

A1697/8/191

Decreet

Decreit his Majesties Advocat Against Cruikshank Ogilvie Chalmers and Ruthven

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 Interest in the matter underwryten Making Mention That wher by the Laues and Acts of parliament all preaching Ministers ought to Enter orderly to the Churches they possess As also they ought to have qualified themselves by taking the oath of alleadgance and subsrybing the same with the assurance in manner by the Law appointed As Lykeuayes It is their bound duety to pray in their churches for his Majestie King William as King of this realme or otherwayes they ought to be descharged removed and depryved or otheruayes punished as the said Laues ordaine And such as have already been depryved and doe not submitt to the sentence of deprivatione past against them by removing from Kirk manse and Gleib ought to be yet farder punished as Contemners of the Law and of his Majesties royall authority Nevertheless It is of veritie that the persons afternamed have transgressed and are guiltie In manner aftermentioned viz Mr William Cruikshank who being only ane expectant and never a setled minister hath presumed to preach without being qualified by suearing the oath of alleadgance and subscrybing the same uith the Assurance Conform to the Act of parliament And hath farder presumed to Intrude himself into the united Churches of Aboyne and Glentanner at the tyme when they were in use to be supplyed by the presbyterie of Aberdeen upon the death of the last Incumbent And the said Mr William hath since denyed access to any preachers sent thither by the presbytery of Aberdeen And uith all threatns the poeple of those paroches that if they hear any preacher sent by the presbytrie they shall pay to them the tuenty merks due by the Act of parliament Secundo Mr David Ogilvie Late Incumbent at Birss presumes still to preach notuithstanding he is in Law not qualified as aforsaid nor doeth he pray for his Majestie King William according to the Act of the Convention But on the Contrary prayes for the Late King James as King And farder hath after his overgiving to preach for severall weeks againe Intruded himself into the said kirk of Birse Denying access to any sent by the presbytrie to preach ther notuithstanding of the vacancy by his not having qualified himself And by his having Given over to preach as said is Tertio Mr Patrick Chalmers Late Incumbent at Boundie altho depryved by the Lords of his Majesties privie Councill in the year Jaj vic nyntie yet still keeps possessione of the Gleib and manse of that parochine And for severall years bygone hes uplifted the Greatest part of the stipend therof And doeth also hinder the Ministers sent by the presbytrie there to preach And obstructs the planting of that Kirk being nottourly disaffected to the Government both Civill and Ecclesiastick Quarto Mr Arthur Strauchan Late Incumbent at Morleich tho depryved by the Lords of his Majesties privie Councill In anno Jaj vic nyntie still keeps possession of the Gleib and manse And obstructs the planting of the place And is so nottourly Disaffected against his Majesties Government that Colonell Buchan when in these bounds thought fitt to Carry him prisoner to Aberdeen And ther putt him under arrest for some tyme By all which it is Evident that the forsaids persons and Each of them are guiltie airt and pairt of transgressing the forsaids Laues and disobeying the forsaids acts of Councill For which they ought to be removed from the saids Kirks manses and paroches and otheruayes punished in their persone and Goods To the example and terror of others to Committ the Lyke in tyme Coming And anent the charge given to the saids Defendars to Have Compeared personallie this day Before the saids Lords of his Majesties privie Councill To have ansuered to the Grounds of the abovewryten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords of his Majesties privie Councill should think fitt under the paine of rebellion And putting them to the horne with Certification as in the said principall Lybell uith the executions therof at more Length is Contained Which Lybell Being this day Called in presence of the saids Lords of his Majesties privie Councill And Sir James Steuart his Majesties advocat Compearing personallie as pursuar And the first three of the saids Defendars Compearing also personallie And the said Mr Patrick Chalmers being Laufullie Cited oft tymes Called and not Compearing The Lybell and petition by way of ansuer therto for the said Mr Patrick Chalmers being read The Lord Advocat acquainted the saids Lords of his Majesties privie Councill that he hath receaved bond from the said Mr William Cruikshank that he shall not preach or exercise any other part of the Ministeriall function uithin the paroches of Aboyn and Glentanner uithout Legall title or Call or being qualified Conform to Law which his Lordship Instantly produced The saids Lords of his Majesties privie Councill alloued their Clerks to receave the forsaid bond which they receaved accordingly And the saids Lords Have Discharged and heirby Discharges the said Mr William Cruikshank to preach or exercise any other pairt of his Ministeriall function uithin the saids tuo paroches otheruayes then in the terms of the forsaid bond And Decernes and ordaines the said Mr David Ogilvie to flitt and remove himself wyfe bairns family and servants furth and frae the said kirke of Birse manse and Gleib of the samen and to Leav the samen void and ridd And that betuixt and the terme of Mertimes nixt to Come And Decernes and ordaines the said Mr Patrick Chalmers to flitt and remove himself wyfe bairns family and servants furth and frae the said kirke of Boundie manse and Gleib of the samen And to Leave the samen void and ridd And that betuixt and the terme of Mertimes nixt to Come And Decernes and ordaines the said Mr Arthur Strauchen to flitt and remove himself wyfe bairns mentennents and servants to flitt and remove himself wyfe bairns mentenents and servants furth and frae the said Kirk of Moreleith manse and Gleib of the samen And to Leave the samen void and rid And that betuixt and the said terme of Mertimes nixt And Decernes and ordaines the saids three Defendars Last above named to remove their oun persons furth of their respective paroches above mentioned And not to remaine in reside within the samen after the said tearme of Mertimes nixt And Gives order and warrand to the shirreffs principall of the shires uithin which the forsaids paroches doe ly and their deputs to see this sentence duely observed and putt to executione against the saids three defenders And ordaines Letters of horning under the signet of Councill upon fifteen dayes and others needfull to be decert heirupon in forme as effeirs.

Att Edinburgh Eadem die post meridiem

A1697/8/191

Decreet

Decreit his Majesties Advocat Against Cruikshank Ogilvie Chalmers and Ruthven

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 Interest in the matter underwryten Making Mention That wher by the Laues and Acts of parliament all preaching Ministers ought to Enter orderly to the Churches they possess As also they ought to have qualified themselves by taking the oath of alleadgance and subsrybing the same with the assurance in manner by the Law appointed As Lykeuayes It is their bound duety to pray in their churches for his Majestie King William as King of this realme or otherwayes they ought to be descharged removed and depryved or otheruayes punished as the said Laues ordaine And such as have already been depryved and doe not submitt to the sentence of deprivatione past against them by removing from Kirk manse and Gleib ought to be yet farder punished as Contemners of the Law and of his Majesties royall authority Nevertheless It is of veritie that the persons afternamed have transgressed and are guiltie In manner aftermentioned viz Mr William Cruikshank who being only ane expectant and never a setled minister hath presumed to preach without being qualified by suearing the oath of alleadgance and subscrybing the same uith the Assurance Conform to the Act of parliament And hath farder presumed to Intrude himself into the united Churches of Aboyne and Glentanner at the tyme when they were in use to be supplyed by the presbyterie of Aberdeen upon the death of the last Incumbent And the said Mr William hath since denyed access to any preachers sent thither by the presbytery of Aberdeen And uith all threatns the poeple of those paroches that if they hear any preacher sent by the presbytrie they shall pay to them the tuenty merks due by the Act of parliament Secundo Mr David Ogilvie Late Incumbent at Birss presumes still to preach notuithstanding he is in Law not qualified as aforsaid nor doeth he pray for his Majestie King William according to the Act of the Convention But on the Contrary prayes for the Late King James as King And farder hath after his overgiving to preach for severall weeks againe Intruded himself into the said kirk of Birse Denying access to any sent by the presbytrie to preach ther notuithstanding of the vacancy by his not having qualified himself And by his having Given over to preach as said is Tertio Mr Patrick Chalmers Late Incumbent at Boundie altho depryved by the Lords of his Majesties privie Councill in the year Jaj vic nyntie yet still keeps possessione of the Gleib and manse of that parochine And for severall years bygone hes uplifted the Greatest part of the stipend therof And doeth also hinder the Ministers sent by the presbytrie there to preach And obstructs the planting of that Kirk being nottourly disaffected to the Government both Civill and Ecclesiastick Quarto Mr Arthur Strauchan Late Incumbent at Morleich tho depryved by the Lords of his Majesties privie Councill In anno Jaj vic nyntie still keeps possession of the Gleib and manse And obstructs the planting of the place And is so nottourly Disaffected against his Majesties Government that Colonell Buchan when in these bounds thought fitt to Carry him prisoner to Aberdeen And ther putt him under arrest for some tyme By all which it is Evident that the forsaids persons and Each of them are guiltie airt and pairt of transgressing the forsaids Laues and disobeying the forsaids acts of Councill For which they ought to be removed from the saids Kirks manses and paroches and otheruayes punished in their persone and Goods To the example and terror of others to Committ the Lyke in tyme Coming And anent the charge given to the saids Defendars to Have Compeared personallie this day Before the saids Lords of his Majesties privie Councill To have ansuered to the Grounds of the abovewryten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords of his Majesties privie Councill should think fitt under the paine of rebellion And putting them to the horne with Certification as in the said principall Lybell uith the executions therof at more Length is Contained Which Lybell Being this day Called in presence of the saids Lords of his Majesties privie Councill And Sir James Steuart his Majesties advocat Compearing personallie as pursuar And the first three of the saids Defendars Compearing also personallie And the said Mr Patrick Chalmers being Laufullie Cited oft tymes Called and not Compearing The Lybell and petition by way of ansuer therto for the said Mr Patrick Chalmers being read The Lord Advocat acquainted the saids Lords of his Majesties privie Councill that he hath receaved bond from the said Mr William Cruikshank that he shall not preach or exercise any other part of the Ministeriall function uithin the paroches of Aboyn and Glentanner uithout Legall title or Call or being qualified Conform to Law which his Lordship Instantly produced The saids Lords of his Majesties privie Councill alloued their Clerks to receave the forsaid bond which they receaved accordingly And the saids Lords Have Discharged and heirby Discharges the said Mr William Cruikshank to preach or exercise any other pairt of his Ministeriall function uithin the saids tuo paroches otheruayes then in the terms of the forsaid bond And Decernes and ordaines the said Mr David Ogilvie to flitt and remove himself wyfe bairns family and servants furth and frae the said kirke of Birse manse and Gleib of the samen and to Leav the samen void and ridd And that betuixt and the terme of Mertimes nixt to Come And Decernes and ordaines the said Mr Patrick Chalmers to flitt and remove himself wyfe bairns family and servants furth and frae the said kirke of Boundie manse and Gleib of the samen And to Leave the samen void and ridd And that betuixt and the terme of Mertimes nixt to Come And Decernes and ordaines the said Mr Arthur Strauchen to flitt and remove himself wyfe bairns mentennents and servants to flitt and remove himself wyfe bairns mentenents and servants furth and frae the said Kirk of Moreleith manse and Gleib of the samen And to Leave the samen void and rid And that betuixt and the said terme of Mertimes nixt And Decernes and ordaines the saids three Defendars Last above named to remove their oun persons furth of their respective paroches above mentioned And not to remaine in reside within the samen after the said tearme of Mertimes nixt And Gives order and warrand to the shirreffs principall of the shires uithin which the forsaids paroches doe ly and their deputs to see this sentence duely observed and putt to executione against the saids three defenders And ordaines Letters of horning under the signet of Councill upon fifteen dayes and others needfull to be decert heirupon in forme as effeirs.

1. NRS, PC1/51, 247-50.

1. NRS, PC1/51, 247-50.