Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Nynth day of June J^aj vj^c nyntie six years

A1696/6/33

A1696/6/33¹

Decreet

Decreit His Majesties Advocat Against Mistress Urquhart Lindsay Hunter and Meldrum

Anent the Letters or Lybell of Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of Sir James Steuart his Majesties Advocat for his highnes Intrest in the matter underuryten Mentioning That wher by the Laus and acts of parliament particularly by the Act of the Convention of Estates J^aj vj^c Eightie nyne years Ratified by the threttie fifth act of parliament J^aj vj^c nyntie years All Ministers ought to pray for his Majestie King William as King of this realm under the paine of Deprivation As Lykeuise by the sixth act of parliament J^aj vj^c nyntie three years all preachers and ministers of the Gospell are ordained to suear the oath of alleadgance And to subscribe the same uith the assurance therto subjoyned with Certification that ministers having Kirks shall be depryved And preachers not provyded to Kirks shall be punished by Banishment or otherwayes as the Lords of his Majesties privie Councill shall think fitt And by the tuenty second act of the parliament J^aj vj^c nyntie five years It is recommended to the Lords of his Majesties privie Counsell to remove all these who have already since the establishment of the present Church Government intruded into vacant Churches uithout ane orderly Call from the Heretors and Elders of the paroch and a Legall admission from the presbyterie of the Bounds And to take some effectuall Course for stopping Ministers Deposed by the Church from preaching or exercising any pairt of their Ministeriall function Lykeas by the same Laus all Ministers are obleidged to observe the days of thanksgiving and Fasts appointed by his Majesties authority As Lykewayes all Convocating or Encouradging of rebells and disorderly meetings are prohibited and discharged End the forsaids Crymes ought to be severely punished nevertheless it is of veritie that the persons aftermentioned are guiltie of transgressing all or one or other of the forsaids laus in so farr as Mr Daniell Urquhart minister at Clackmannan prayes not for his Majestie King William as is by Law appointed but in ane ambiguous manner for the Late King James nor hath he qualified himself by suearing the oath of alleadgance and subscryving it and the assurance nor Hath he keeped the Fasts and Thanksgivings that were appointed by authority And furder upon one or other of the dayes of the months of Agust september and the Months Ensuing since that tyme He hath Convocat or at Leist Encouraged a rable to Keep his Kirk on the Satturnday nights To keep and hold the kirk against any minister that might be sent by the presbyterie And hath hounded out the same rable to other kirks as Carnock and Dollar to debar presbyterian Ministers orderly setled from preaching ther Lykeas Mr William Lindsay present Minister at Alva is ane Intruder into that kirk And neither he nor Mr George Monro in Dollar nor Mr Skinner in Bothkenner nor Mr […] Hunter at his meeting house in St Ninians nor Mr […] Meldrum at Killmadock nor Mr […] Paplay minister at Rind who is also ane Intruder Have qualified themselves by suearing the oath of alleadgance and subscryving it uith the assurance nor doe they pray for his Majestie King William as the Law appointes but aither expressly at Leist in their ambiguous tearms and manner for the Late King James And yet Continoues to preach and to exercise the other pairts of the Ministeriall functione and poysone the people uith their Disaffectione to the Government Contrary to the saids Laus and Contempt of all Good order For which disorders and Crymes wherof they are guiltie airt and pairt They ought to be depryved and removed from the saids Kirks benefices stipends and paroches punished by banishment or otheruayes as the Law appoints and the Lords of his Majesties privie Counsell shall see Cause To the example and terror of others to Committ the Lyke in tyme Coming And anent the charge Given to the saids Defenders To Have Compeared (except Mr Monro Mr Skinner and Mr Popular who uere not Called) To have Compeared personallie before the saids Lords of his Majesties privie Counsell this day To have Ansuered to the Grounds of the aboveuryten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt under the paine of rebellion and putting them to the horne uith Certification etc as the said principall Lybell or Letters of Complaint uith the executiones therof in themselves more fullie proports Which Lybell being this day Called in presence of the saids Lords of his Majesties privy Councill And the said Sir James Steuart and Sir Patrick Home his Majesties Sollicitor and James Steuart Advocat Compearing personallie The saids Lords having Considered the forsaid Lybell and at Length heard both parties And Messrs Urquhart Lindsay and Hunter Having acknouledged that they have not taken the oath of alleadgance and assurance and yet have preached and exercised the other parts of the ministeriall function The saids Lords Have Deprived and heirby Deprives the saids Mr Daniell Urqwhart and Mr. William Lindsay from their respective Churches and Benefices of Clackmannan and Alva And Declares the saids Churches and vacant And discharges them to Exercise any pairt of their Ministeriall function uithin their respective paroches forsaids And ordaines them to remove themselves furth and frae ther saids paroches and not to returne uithin the same And to remove themselves wyfes bairns and tennents furth and frae the manses and Gleibs of their respective paroches and to Leave the samen void and ridd And that betuixt and the terme of mertimes next to Come And ordaines Letters of horning under the signet of Councill and others upon Fifteen dayes to be direct hereupon in forme as effeirs And the saids Lords Doe heirby Discharge the said Mr […] Hunter who is already deprived from his Kirk to preach or exercise any pairt of the Ministeriall function aither in Churches or elsewher untill he present himself to the Lords of privie Councill and suear and subscribe the oath of alleadgance and subscribe the assurance to his Majestie King William and Engadge himself under his hand to pray for King William as King of this realme and not to oune the Late King James for his King in any sort And the saids Lords Letts fall this Lybell against the said Mr Meldrum In respect he hes formerly taken and suorne the oath of alleadgance and assurance before the Lords of the Thesaury upon a Gift of a vacant stipend which was produced to the Councill by the Clerks of the Thesaury