Decreet, 29 December 1698, Edinburgh

Att Edinburgh The seventh Day of June J^aj vj^c nynty Eight years

A1698/6/6

A1698/6/6¹

Decreet

Decreet His Majesties Advocate against Mr Patrick Auchterlony

Anent the Lyble or Letters of Complaint raised and pursued 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 underwrittin Mentioning That where by the sixth act of the fourth session of this current Parliament, Entituled act for taking the oath of Alleadgance and assurance It is statute That all ministers and preachers of the Gospell whatsoever swear the oath of alledgance to his Majestie and subscrive the same with the Assurance Certifieing such ministers as are provided to Kirks and shall refuse the samen should be deprived of their Benefices and Stipends Likeas by the Twenty second act Fyfth session of the same parliament It is statute That all who shall Intrude themselves into any church without a Legall Call and admission and Exerce any pairt of the ministerial function therein, shall be Lyable to the pains of the said act as is therein fully contained And furder it is Recommended to the Lords of his Majesties privie Councill To take some Effectuall course for hindering ministers deposed from preaching and Exercising the ministerial function after they are deposed. Yett Nevertheless It is of verity That Contrary to the saids acts of Parliament Mr Patrick Auchterlonie Late Incumbent att the Kirk of Rogertoune presumes and Continues to preach and Exercise the other pairts of the ministerial function without having qualified himself Conform to appointment of the saids acts by swearing the oath of Alledgance and subscriving the same with the assurance wherby he hath Incurred the Certifications Contained in the saids acts as use is in such caices. Likeas The said Mr Patrick Auchterlonie is deposed by a sentence of the synod of Perth, as the samen herewith produced will Testifie And yett he presumes to preach Baptize administrate The sacrament and marry in high Contempt of the said sentence of the Synod and authority of this church, And furder It is Informed That ever since the happy Revolution The said Mr Patrick hes neglected (if not despised) To Read the publict proclamationes appointed by authority for solemn days of fasts and Thanksgivings and still Continues in the paroch of Rogertoune Infesting that Bounds to the great disquiet of the setled order and peace of this church, By all which The said, Mr Patrick Auchterlonie being guilty airt and pairt of the forsaids Transgressions and disorders he ought to be punished therfore with the pains of Law. And furder Effectually Restrained for hereafter from Committing any such abuses to the Example and terror of others to Committ the Like In tyme Coming. And Anent The charge given to the said defender To have Compeared personally before the saids Lords of his Majesties privy at 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 him to the horn with Certification etc as in the principall Lyble with the Executions therof att more length proports. Which Lyble being this day called In presence of the Lords of his Majesties privy Councill and his majesties Advocate Compearing personally for his Majesties Interest as persuer and the Defender Compearing also personally and having acknowledged the Lyble and subscrived his acknowledgement The saids Lords Finds the Lyble proven by the defender acknowledgement and Therfore have Banished and heirby Banishes The said Mr Patrick Aucherlony defender furth of the Bounds of the presbetry of Dunkeld In which the said Kirk of Rogertoune Lyes And ordains the said Defender to depairt furth of the said presbetry betwixt and the First day of October next to come and discharges him to Exercise any part of his ministeriall function in the mean tyme And decernes and ordains the Defender Instantly to Inact himself in the books of his majesties privy Councill That he shall depairt furth of the said presbetry of Dunkeld Betwixt and the First day of October next to come and that he shall not Exercise any part of his Ministerial function in the mean Tyme And ordains The macers of privy Councill To take the defender Into Custody untill he give in the forsaid Inactment And To Committ him to the Tolbooth of Edinburgh In caice he doe not Instantly deliver in the forsaid Inactment and ordains Letters of Horning on six days and others needfull to pass heiron In forme as Effeirs.