Decreet, 8 December 1702, Edinburgh

Procedure, 24 December 1702, Edinburgh

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/171

Decreet

Decreit of Deprivation The Agent for the Kirk and her Majesties Advocat against Mr Robert Caddell intruder at old Aberdeen

Anent the Lybell or Letters raised and pursued before the Lords of her Majesties privy Councill be John Blair agent for the kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwritin Making Mention, That wher by the Sixth act of the fourth Session of the Last parliament Entituled act for takeing the oath of alledgance and assurance It is Statute That all preachers and ministers of the Gospell whatsomever doe Swear the Oath of alledgance; and that they Subscrybe the Same with the assurance Sett doun in the said act; Certifieing that all Ministers provided to kirks and not Swearing and Subscrybing as said is Shall be deprived of their benefices and Stipends; and that preachers not provided to kirks shall be punished by banishment or otherwayes as the saids Lords of privy Councill shall think fitt Likeas by the twenty two act of the fifth session of the said last parliament It is Statute That who ever therafter Should intrude themselves into any Church or possess Manse and Gleib or exercise any part of the Ministeriall function within any parioch without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds should be removed and declared incapable of enjoying any Church, Stipend, or benefice for the Space of Seven years therafter; And farder it is Recommended to the Saids Lords of privy Councill to remove all such who preceeding the said act Did Since the Establishment of the present Church Government intrude in maner forsaid; Yet Nevertheless It is of verity That Mr Robert Caddell late incumbent at Nenthorne Contrary to the saids acts Hath presumed and continued to sett up a Meetting house in the old toune of Aberdeen of purpose to withdraw the people their from their duty both to God and her Majesties by promoveing of Schisme and devision in that place and keeping people from the publict ordinances; And doeth preach and exercise the other parts of his Ministeriall function without haveing qualified himself conforme to the appointment of the said act by Swearing the Oath of alledgance and Subscrybeing the Samen with the assurance As also he hath intruded himself into the said burgh and meetting house without ane orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; And as a farder evidence of his disaffectione to the present Government; The said Mr Robert Refused to read and obey the publict proclamationes appointed by Authority for observing Solemn dayes of fastings or thanksgiveings But on the Contrary the Said Mr Robert most maliciously dispised and mocked at the reasones and Causes contained in the Saids proclamationes; And he the said Mr Robert Caddell Still continues in the Said Meetting house infesting and troubling that bounds to the great disqueit of the Setled order and peace of this Church Wherby he hath incurred the Certificationes Contained in the saids acts and proclamationes Conforme to his condition and Character; And these Crymes are the more aggravat That the said Mr Robert was in the year Jaj vic nyntie four Conveened in a process of Treason for disouning and indeavouring to raise rebellion against the late King William From which process he was not assoylzied but only the dyet deserted, which being nottour and certaine, and such as he neither does nor can deny He ought to be punished Conforme to the forsaids acts and proclamations and farder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Like in any time comeing And Anent the Chairge given to the Said Mr Robert Caddell defender To have Compeared personally before the saids Lords of privy Councill at a Certaine day now bygone To have answered to what Should be Laid to his Charge in the points of the Said Complaint; And to have heard and seen such order and Course taken theranent as they should find Just As in the said Lybell or Letters of Complaint and executiones thereof at more Length is contained; Which Lybell or Letters being this day Called; And both parties Compearing personally at the bar, and the Lybell with ane acknowledgment under the hand of the said Mr Robert Caddell defender Being all read and both parties heard at the Barr; The saids Lords of her Majesties privy Councill Have Ordained and hereby Ordaines the said Mr Robert Caddell defender to remove himself Twelve myles from Aberdeen and that betwixt and the first day of February nixt to come; And Ordaines his Meetting house their presently to be shutt up; And Ordaines the Magistrates of the said burgh of Aberdeen to See the Samen effectually and orderly done; And that his said meetting house be not opened again for the use forsaid.

Att Edinburgh the Eight day of December Jaj viic and two years

A1702/12/171

Decreet

Decreit of Deprivation The Agent for the Kirk and her Majesties Advocat against Mr Robert Caddell intruder at old Aberdeen

Anent the Lybell or Letters raised and pursued before the Lords of her Majesties privy Councill be John Blair agent for the kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwritin Making Mention, That wher by the Sixth act of the fourth Session of the Last parliament Entituled act for takeing the oath of alledgance and assurance It is Statute That all preachers and ministers of the Gospell whatsomever doe Swear the Oath of alledgance; and that they Subscrybe the Same with the assurance Sett doun in the said act; Certifieing that all Ministers provided to kirks and not Swearing and Subscrybing as said is Shall be deprived of their benefices and Stipends; and that preachers not provided to kirks shall be punished by banishment or otherwayes as the saids Lords of privy Councill shall think fitt Likeas by the twenty two act of the fifth session of the said last parliament It is Statute That who ever therafter Should intrude themselves into any Church or possess Manse and Gleib or exercise any part of the Ministeriall function within any parioch without any orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds should be removed and declared incapable of enjoying any Church, Stipend, or benefice for the Space of Seven years therafter; And farder it is Recommended to the Saids Lords of privy Councill to remove all such who preceeding the said act Did Since the Establishment of the present Church Government intrude in maner forsaid; Yet Nevertheless It is of verity That Mr Robert Caddell late incumbent at Nenthorne Contrary to the saids acts Hath presumed and continued to sett up a Meetting house in the old toune of Aberdeen of purpose to withdraw the people their from their duty both to God and her Majesties by promoveing of Schisme and devision in that place and keeping people from the publict ordinances; And doeth preach and exercise the other parts of his Ministeriall function without haveing qualified himself conforme to the appointment of the said act by Swearing the Oath of alledgance and Subscrybeing the Samen with the assurance As also he hath intruded himself into the said burgh and meetting house without ane orderly call from the heritors and eldership and legall admission from the presbytrie of the bounds; And as a farder evidence of his disaffectione to the present Government; The said Mr Robert Refused to read and obey the publict proclamationes appointed by Authority for observing Solemn dayes of fastings or thanksgiveings But on the Contrary the Said Mr Robert most maliciously dispised and mocked at the reasones and Causes contained in the Saids proclamationes; And he the said Mr Robert Caddell Still continues in the Said Meetting house infesting and troubling that bounds to the great disqueit of the Setled order and peace of this Church Wherby he hath incurred the Certificationes Contained in the saids acts and proclamationes Conforme to his condition and Character; And these Crymes are the more aggravat That the said Mr Robert was in the year Jaj vic nyntie four Conveened in a process of Treason for disouning and indeavouring to raise rebellion against the late King William From which process he was not assoylzied but only the dyet deserted, which being nottour and certaine, and such as he neither does nor can deny He ought to be punished Conforme to the forsaids acts and proclamations and farder effectually restrained for hereafter from Committing any Such abuses to the example and teror of others to doe the Like in any time comeing And Anent the Chairge given to the Said Mr Robert Caddell defender To have Compeared personally before the saids Lords of privy Councill at a Certaine day now bygone To have answered to what Should be Laid to his Charge in the points of the Said Complaint; And to have heard and seen such order and Course taken theranent as they should find Just As in the said Lybell or Letters of Complaint and executiones thereof at more Length is contained; Which Lybell or Letters being this day Called; And both parties Compearing personally at the bar, and the Lybell with ane acknowledgment under the hand of the said Mr Robert Caddell defender Being all read and both parties heard at the Barr; The saids Lords of her Majesties privy Councill Have Ordained and hereby Ordaines the said Mr Robert Caddell defender to remove himself Twelve myles from Aberdeen and that betwixt and the first day of February nixt to come; And Ordaines his Meetting house their presently to be shutt up; And Ordaines the Magistrates of the said burgh of Aberdeen to See the Samen effectually and orderly done; And that his said meetting house be not opened again for the use forsaid.

1. NRS, PC1/52, 476-8.

1. NRS, PC1/52, 476-8.