Act, 29 December 1692, Edinburgh

Att Edinburgh the seventh day off maij J^aj vj^c Nyntie tuo years

A1692/5/38

A1692/5/38¹

Decreet

Decreet Ther majesties sollicitor Against Some ministers

Anent the Lybell or Complaint raised and persued befor the Lords of there Majestyes privie Counsell at the instance of Sir William Lockhart there Majestyes sollicitor for there Highness interest in the matter underwreitten Mentioneing That where by the act of the meeting of the Estates daitted the threttein day of Apryll J^aj vj^c and Eightie Nyne years The Leedges were Certifyed not to oune or acknowledge the late King James the seventh for there King But that they and every one of them should render there duetyfull obedience to there majesties King William and Queen Mary And in particular that all the ministers of the gospell within this Kingdome should publictly pray for there saids majestyes as King and Queen of this realme under the paines and Certificationes specified in the said act As also there saids majestyes with advyce and Consent of the Estates of parliament be there act of the date the tuenty second day of Jullij J^aj vj^c and Nyntie years ordained the said act and proclamatione of the estates to be putt to farder execution Againest all such ministers as have not Given obedience thereto by prayeing for there majestyes In maner Mentioned in the said act And the saids Lords of privie Councill should proceed there in and Impower other magistrates to doe the same within there respective bounds as they should see cause And by ane act of the privie counsell of the date the tuenty Eight day of Apryll Last bypast Relative to the former act of the meeting of the Estates and act of parliament and mentioning That yet nevertheless the saids acts have been so farr from receaveing the punctuall and exact obedience due to them That Many preachers have presumed wholly to neglect prayeing for there saids majestyes as King and Queen of this Realme Conforme to the saids acts or at least have so farr testified a want of Ingenuity and plainnes requyred in a duety of this nature that they make use of such ambiguous and unclear expressiones in there prayer as the hearers Cannot distinctly know that they pray for there saids Majestyes King William and Queen Mary to the great disparadgement of the saids Lawes and contempt of there Majesties authority Therefore the shirreffs of the severall shyres, Bailzies of regalityes Stewarts of Stewartries and Magistrats of burghes Royall of this Kingdome within there bounds and Jurisdictiones respective are requyred and Comanded to make due and exact tryall what ministers preaching in the Churches and meeting houses within there respective bounds pray not ordinarly for there saids majestyes in such Circumstantiat termes as there hearers may distinctly know that they pray for there saids majestyes King William and Queen mary as King and Queen of this Realme And the severall Magistrates respective forsaid are ordained to give in Informatione and evidence againest them to the to the² effect they may be prosecute with all rigor and the penaltyes and Certificationes contained in the saids Lawes Justly Inflicted and execute againest them And yet nevertheless Mr John Herriott, Mr Allan³ Johnstoun, Mr Andrew Sympsone Mr John Dalgleish Mr William Abercrombie, Mr George Broun, Mr Andrew Auchinlect, Mr John Sedge Mr William Fyff, Mr Thomas Harper Mr Alexander Gregorie and Mr Charles Ross Ministers residenters within the citie of Edinburgh have contraveened the forsaid act of the Meeting of the Estates and acts of parliament In so farr as They haveing preached in severall meeting houses since the forsaid act of the meeting of the estates and acts of parliaments and privie Councill They did not pray for there saids Majesties in express termes At least they did not pray for them in such Circumstantiat as there hearers might distinctly know that they prayed for there saids Majestyes King William and Queen Mary as King and Queen of this Realme And therefore the saids persones abovenamed arre Guilty of the Breach of there majesties saids Lawes and Contempt of there authority And have Incurred and are Lyable to the penaltyes and Certificationes contained in the forsaids Lawes And the same ought to be Inflicted and execute againest them with all rigor to the terror of others to comitt the Lyke in tyme comeing And Anent the Charge Given to the saids defenders above Compleaned upon To Compear before the saids Lords of privie Councill this day to ansuer to the above Complaint and to hear and see such order and course taken thereanent as the saids Lords shall think fitt under the pain of rebellione and putting of them to the horne with Certificatione to the saids persones above Compleaned upon If they failzie They will be denunced rebells and putt to the horne simpliciter As the said Lybell or Complaint and executiones thereof in itself at Length bears The said Lybell or Complaint being this day Called In presence of the saids Lords of there majestyes privie Councill Compeared Sir Patrick Hume and Mr Hugh Dalrymple advocatts assistants to there majesties sollicitor as persewers And the saids defenders haveing Lykewayes Compeared personallie with Sir David Thoirs advocat there procurator The samen Lybell and ansuers made thereto being read The Lords Found the Lybell Relevant againest the defenders and thereafter the haill defenders being called severallie to the barr one by one And each of them being Interrogate whether or not they hade prayed for there majestyes King William and Queen Mary as King and Queen of this Realme In such Circumstantiat termes as there hearers might understand that they prayed for there saids majestyes or If in tyme comeing they would pray for there majestyes as King and Queen of this Realme Mr John Herriott one of the defenders acknowledged he hade not done so in tyme bygone But declared he would doe so in tyme comeing Mr John Dalgleish and Mr Thomas Harper declared they hade not preached since the Late proclamatione Lybelled on, Appointing Lists to be given in to the Councill of such ministers as have not prayed for there majestyes King William and Queen Mary in the termes forsaids And therefor the saids Lords Assoilzied And hereby Assoilzies these three ministers And the said⁴ Mr Andrew Auchinlect, Mr William Fyff and Mr Alexander Gregorie haveing acknowledged that in tyme bygone they hade not prayed for there majestyes in the termes aforsaid But craved some space to consider till tuesday next whether or not they will pray for there majestyes in the termes forsaid in tyme comeing And appoints them to give in there ansuer to the Counsell at there meeting upon that day And Continowes the Lybell againest them till then, And Mr Allan Johnstoun, Mr Andrew Sympsone, Mr William Abercrombie, Mr George Broun, Mr John Seadge and Mr Charles Ross haveing acknowledged that in tyme past they have not prayed for there saids majestyes in the termes forsaid And haveing refused to doe the samen in tyme comeing The saids Lords of privie Councill doe hereby banish them six [miles] from the toun of Edinburgh suburbs thereof and Jurisdictione of the same and ordaines them to remove these from preaching or exerciseing any pairt of there ministeriall functione shall desist from in the mean tyme They allow them to remove from the places forsaids any tyme the next week And ordaines Letters on fyfteen dayes and others to follow hereon in comon forme