Decreet, 5 December 1695, Edinburgh

Warrant, 31 December 1695, Edinburgh

At Edinburgh the fyfth day of December Jaj vjc nyntie and fyve years

A1695/12/51

Decreet

Decreet his majesties Advocat q. Ministers etc

Anent the lybel or complaint raised and pursued before the Lords of his majesties privy Councill at the instance of his Majesties right trusty and welbeloved Sir2 James Stueart his Majesties Advocat for his Highness interest in the matter underwryten as also haveing ordor from the Lords of privy Councill for that effect That where by the sexth act of the parliament Jaj vjc nynty and three intituled, act for takeing the oath of alleadgeance and assureance It is statute and ordained That all preachers and ministers of the Gospel als weill as the other persones mentioned in the said act sweare the oath of alleadgeance and subscryve the same with the assurance as they are subjoyned to the said act and that betwixt and the tuenty day of June in the year foresaid Which day for the said preachers and ministers was by the therty seventh act of the same parliament prorogat to the tenth day of July then next to come ordaining them to give obedience to the foresaid act betwixt and the said day perremptorie And because That many of the said preachers and ministers did notwithstanding of the foresaid act and the dayes therein assigned neglect or delay to take and sweare the foresaid oath of alleadgeance and subscryve the same with the assureance It pleased his majestie with advyse and Consent of the Estates of parliament by another act of the sexteenth of July Last To allow all ministers that were at the tyme of his Majesties happy accessione to the Croune and Have since continowed actuall ministers in particular Paroches and noe sentance either of Depositione or Deprivatione past against them and who had not qualified themselves conforme to the foresaid acts Jaj vjc nynty and three years a new and farder day viz the first of September Last now bypast To come in and take the said oath of alleadgeance and subscryve the same with the assureance betwixt and the said day in maner therein prescryved with Certificatione That such of the said ministers as should not come in betwixt and the said day are therby and by the force of that act ipso facto depryved of their respective kirks and stipends and the same declaired vaccant without any farder sentance as the said acts of parliament bear Nevertheless it is of verity That Master Sylvester Laminie Minister at Essie Mr […] Raitt minister at Bervie Mr Alexander McKenzie minister at Newtyle Mr. John Milne minister at Montrosse and Mr James Raitt minister at Innerkeillor contemmeing his Majesties authority and Lawes and abuseing the forbearance and indulgence show’d to them in this matter have not come in and taken the said oath of alleadgeance and subscryved the same with the assureance betwixt and the said first day of September now Last bypast conforme to the appoyntment of the said last act and therfore Have incurred the certificatione thereof And therefore they being ipso facto depryved from their kirks and stipends and the same declared vaccant as said is They and every one of them aught to be decerned to remove from their respective kirks manses and gleibs and that betwixt and a Short day to be given for that effect as also they aught to be discharged for hereafter to exercise any part of their ministeriall functione within the said respective paroches under the paine of banishment And anent the charges given to the said Defenders To have compeared fore the said Lords of privy Councill at ane certaine day bygaine To have answered to the foresaid Complaint and to have heared and seen such ordor and Course taken thereanent as they should find just under the paine of rebellione and putting of them to the Horne with certificatione etc as in the principall lybell or Complaint and executions thereof at lenth is contained The foresaid Lybell at the instance of the said Sir James Stueart his majesties Advocat against Mr Sylvester Lammie minister at Essie Mr […] Rait minister at Bervie Mr Alexander McKenzie minister at Newtyle Mr John Myln minister at Montrose and Mr. John Raitt minister at Innerkeillor for not takeing the oath of alleadgeance and assureance being this day called in presence of the said Lords of his majesties Privy Councill and his majesties Advocat and Sir James Oglivie his majesties Sollicitor Compearing personally as pursuers and the Haill fyve forenamed persons defenders Compearing also personally and being interrogat if they have taken the oath of alleadgeance and assureance as appoynted by the acts of parliament They all acknowledged in face of Councill that they have not taken the same and a petitione by the parichoners of Newtyle being read The said Lords of his majesties privy Councill refuise the desyre of the petitione and Have Depryved and Hereby Depryv’s the said Master Sylvester Lammie Mr Peter Raitt Mr Alexander McKenzie Mr John Milne and Mr James Raitt defenders and every one of them3 from their respective kirks abovenamed and stipends thereof and Declairs their said kirks to be vaccant And Discharges the said defenders and evry one of them to preach or exercise any other part of the ministeriall functione within ther respective paroches And ordained them to remove themselves their wyfes Bairns famileys and servants from their respective manses and gleibs betwixt and the fyfteen day of May next to come And to Leave the same voyd and red And ordaines Letters of horneing under the Signet of Councill on fyfteen dayes and other executorialls needfull to be direct thereon in forme as effeires

At Edinburgh the fyfth day of December Jaj vjc nyntie and fyve years

A1695/12/51

Decreet

Decreet his majesties Advocat q. Ministers etc

Anent the lybel or complaint raised and pursued before the Lords of his majesties privy Councill at the instance of his Majesties right trusty and welbeloved Sir2 James Stueart his Majesties Advocat for his Highness interest in the matter underwryten as also haveing ordor from the Lords of privy Councill for that effect That where by the sexth act of the parliament Jaj vjc nynty and three intituled, act for takeing the oath of alleadgeance and assureance It is statute and ordained That all preachers and ministers of the Gospel als weill as the other persones mentioned in the said act sweare the oath of alleadgeance and subscryve the same with the assurance as they are subjoyned to the said act and that betwixt and the tuenty day of June in the year foresaid Which day for the said preachers and ministers was by the therty seventh act of the same parliament prorogat to the tenth day of July then next to come ordaining them to give obedience to the foresaid act betwixt and the said day perremptorie And because That many of the said preachers and ministers did notwithstanding of the foresaid act and the dayes therein assigned neglect or delay to take and sweare the foresaid oath of alleadgeance and subscryve the same with the assureance It pleased his majestie with advyse and Consent of the Estates of parliament by another act of the sexteenth of July Last To allow all ministers that were at the tyme of his Majesties happy accessione to the Croune and Have since continowed actuall ministers in particular Paroches and noe sentance either of Depositione or Deprivatione past against them and who had not qualified themselves conforme to the foresaid acts Jaj vjc nynty and three years a new and farder day viz the first of September Last now bypast To come in and take the said oath of alleadgeance and subscryve the same with the assureance betwixt and the said day in maner therein prescryved with Certificatione That such of the said ministers as should not come in betwixt and the said day are therby and by the force of that act ipso facto depryved of their respective kirks and stipends and the same declaired vaccant without any farder sentance as the said acts of parliament bear Nevertheless it is of verity That Master Sylvester Laminie Minister at Essie Mr […] Raitt minister at Bervie Mr Alexander McKenzie minister at Newtyle Mr. John Milne minister at Montrosse and Mr James Raitt minister at Innerkeillor contemmeing his Majesties authority and Lawes and abuseing the forbearance and indulgence show’d to them in this matter have not come in and taken the said oath of alleadgeance and subscryved the same with the assureance betwixt and the said first day of September now Last bypast conforme to the appoyntment of the said last act and therfore Have incurred the certificatione thereof And therefore they being ipso facto depryved from their kirks and stipends and the same declared vaccant as said is They and every one of them aught to be decerned to remove from their respective kirks manses and gleibs and that betwixt and a Short day to be given for that effect as also they aught to be discharged for hereafter to exercise any part of their ministeriall functione within the said respective paroches under the paine of banishment And anent the charges given to the said Defenders To have compeared fore the said Lords of privy Councill at ane certaine day bygaine To have answered to the foresaid Complaint and to have heared and seen such ordor and Course taken thereanent as they should find just under the paine of rebellione and putting of them to the Horne with certificatione etc as in the principall lybell or Complaint and executions thereof at lenth is contained The foresaid Lybell at the instance of the said Sir James Stueart his majesties Advocat against Mr Sylvester Lammie minister at Essie Mr […] Rait minister at Bervie Mr Alexander McKenzie minister at Newtyle Mr John Myln minister at Montrose and Mr. John Raitt minister at Innerkeillor for not takeing the oath of alleadgeance and assureance being this day called in presence of the said Lords of his majesties Privy Councill and his majesties Advocat and Sir James Oglivie his majesties Sollicitor Compearing personally as pursuers and the Haill fyve forenamed persons defenders Compearing also personally and being interrogat if they have taken the oath of alleadgeance and assureance as appoynted by the acts of parliament They all acknowledged in face of Councill that they have not taken the same and a petitione by the parichoners of Newtyle being read The said Lords of his majesties privy Councill refuise the desyre of the petitione and Have Depryved and Hereby Depryv’s the said Master Sylvester Lammie Mr Peter Raitt Mr Alexander McKenzie Mr John Milne and Mr James Raitt defenders and every one of them3 from their respective kirks abovenamed and stipends thereof and Declairs their said kirks to be vaccant And Discharges the said defenders and evry one of them to preach or exercise any other part of the ministeriall functione within ther respective paroches And ordained them to remove themselves their wyfes Bairns famileys and servants from their respective manses and gleibs betwixt and the fyfteen day of May next to come And to Leave the same voyd and red And ordaines Letters of horneing under the Signet of Councill on fyfteen dayes and other executorialls needfull to be direct thereon in forme as effeires

1. NRS, PC1/50, 279-81.

2. Insertion.

3. The phrase ‘to preach or exercise’ scored out here.

1. NRS, PC1/50, 279-81.

2. Insertion.

3. The phrase ‘to preach or exercise’ scored out here.