Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Fifth day of May J^aj vj^c nyntie six years

A1696/5/2

A1696/5/2¹

Decreet

Decreit The presbytrie of Aberdeen against Mr George Whyte

Forasmuchas Anent the petitione of the Committee of the presbytrie of Aberdeen Given in to the Lords of his Majesties privie Councell Sheuing That wheras the presbytrie of Aberdeen Having taken into their Consideratione the caice of Mr John Whyte Intruder at Aberdour who was found and declared to be such by the Committie of the Late Generall Assembly for the north and ratified and approven by the Generall Assembly in January Last Taking also into their Consideration hes Continoued in Contumacy and declyning Church Judicatories notwithstanding of the repeated sentences against him Togither also uith severall other Gross scandalls and Immoralities which uere Judicallie tryed examined and sufficiently proven Against the said Mr John Whyte before the said Committie of the presbytrie The said presbytrie did unanimously uithout one Contrary vote pass the sentence of deprivation against him from the office of the Ministrie in all its points which was Judicallie Intimat unto him in the presence of the presbytrie uithout any reclamation on his pairt He Only Craving ane Extract of his sentence and the depositions of the witnesses both which was alloued him which sentence also uas publickly Intimat after divyne worship the Lords day Immediatly follouing notuithstanding of all which The said Mr John Whyte doeth Continow presumptuously to preach and Intrude upon the Church of Aberdoure and to exercise all the parts of the Ministeriall office as occasion offers To the no small Contempt of discipline and good order and violation of the peace of the Church And therfore Humblie Craving the Lords of his Majesties privie Councell to take the premisses into their sereous Consideration And to give redress heirin according to the merits of this their cause as the said petition at Length bears which petition being upon the Fifteenth of Aprile Last read in presence of the saids Lords They ordained Letters to be direct for Citing the said Mr John Whyte To Compear before them upon the fifth day of May Instant To have ansuered to the points of the said petition and to have heard and seen such order and Course taken theranent as the saids Lords should find Just under the paine of rebellion with Certificatione etc And the saids Letters Having been accordingly taken out and execute against the said Mr John Whyte and he Cited therupon To have Compeared before the saids Lords upon the day forsaid as the saids Letters and executiones therof at more Length bears The saids Letters at the instance of the said presbytrie of Aberdeen Against the said Mr John Whyte Being this day Called In presence of the Lords of his Majesties privie Councell And Sir James Stueart his Majesties Advocat Compearing for his Majesties Intrest And Mr James Steuart Advocat Compearing for the pursuars and the said Mr John Whyte Defender Compearing personallie with Sir Patrick Home his Advocat The saids Lords Having heard the Letters and also the Defenders ansuers therto and the Advocats for both parties fullie in their oune presence They heirby Declare the kirk of Aberdour to be vacant And ordaines the said Mr John Whyte to remove furth of the paroch of Aberdour betwuixt and the fifteenth day of June nixt And not to returne uithin the same uithout his Majesties or the Councills warrand for that effect and alse to flitt and remove himself wyfe bairns family and servants furth and frae the manse of the said kirk of Aberdour betuixt and the said fifteenth day of June next to Come And ordaines Letters of horning on fifteen dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs