Decreet, 9 June 1696, Edinburgh

Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the Nynth day of June Jaj vjc nyntie six years

A1696/6/321

Decreet

Certification his Majesties Advocat Against Mair and Guthrie

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councell att the instance of Sir James Steuart his Majesties advocat for his highnes intrest In the matter underwryten Mentioning That wher prelacy and any office in the Church above presbyters is abolished by the third Act of the first session of his Majesties Current parliament And by the sixth Act fourth session of his majesties said Current parliament It is statut and ordained that all persons in offices and places of publick trust Civill Ecclesiasticall or military And particularly that all preachers and ministers of the Gospell whatsoever Doe suear the oath of alleadgeance and subscribe the same uith the Assurance subjoyned to the said Act and that betuixt and the tuenty day of June then next to Come under the Certificatione that the Ministers if provyded to Kirks shall be depryved of their benefice or stipend And preachers not provyded to Kirks shall be punished by Banishment or otheruayes as the Lords of his Majesties privie Counsell shall think fitt And by the threttie seventh Act of the second session of Parliament The dyet to Ministers for taking the said oath is prorogat to the tenth of July then nixt and by the Lords of his majesties privie Councell their proclamation In relation to the saids acts They appointed Commissioners for administrating the said oath of alleadgance and assurance And by the tuenty second act2 of the fifth session of this Current parliament It is statut and Declared That whosoever hereafter shall intrude themselves into any church or possess manse or 3benefice or shall exerce any pairt of the Ministeriall functione uithin any paroch without ane orderly Call from the Heretors and Eldership and Legall admission from the presbyterie uithin whose bounds it Lyes shall be Incapable of Enjoying any church or stipend or benefice uithin this Kingdome for the space of seven moneths after Removall from the Church and quyting possession of the stipend and benefice And by the tuenty seventh Act of the samen session of parliament all due Encouragment and protection is given to all Ministers not depryved or deposed if they should Come in and take the oath of alleadgance and subscribe the assurance betuixt and the first of September then nixt to Come And Certification is given by the said Act that all Ministers who should not Come in betuixt and the said day That they are ipso Facto deprived of their respective Kirks and stipends And the samen Declared vacant uithout any farder sentence yet true It is and of veritie That Mr Alexander Mair a Chapland and pretended Minister at Kirkuall and Mr Patrick Guthrie preacher and pretended minister of Deirness and St Andreus in Orkney are guiltie of the Crymes aftermentioned viz That the said Mr Alexander Mair in the months of october and november Jaj vjc nyntie five or one or other of the months thereof and Dayes of the same Did Come to the Late Bishop of Morray or one or other of the Late Bishops Deposed by the Laus of this Kingdome and was presbyterat and receaved ordination from them and then returned to the Countrey of Orkney and Intruded himself into the paroch of Kirkuall And the said Mr Patrick Guthrie being also presbyterat and ordained by the Late Bishops since the abolution of prelacy Did in the months of Aprile May June and remanent months of the said year Jaj vjc nyntie five or one or other of them Intrude himself into the Kirks and paroch of Deirness and St Andreus in Orkney And they did preach pray and exerce other pairts of the Ministeriall functione within the saids respective paroches ever since their pretended ordinatione on the dayes and months abovementioned And that without any Call at Least any orderly Call from the heretors and Eldership and that without any admission at all from any Legall presbyterie of this Church And since the forsaids acts of parliament appointing preachers to suear the oath of alleadgance and subscribe the same uith the Assurance and before the saids pretended ordinations and their Intrusion into the forsaids churches They Did presume severall tymes to preach pray and exerce some or other of the pairts of the Ministeriall function uithin the forsaids paroches and in the Countrey of Orkney and Zetland and elsewher without qualifying themselves Conform to the saids Laues off which Crimes or one or other of them The saids Mr Alexander Mair and Mr Patrick Guthrie are actors airt and pairt And ought and should be punished severely in their persons and Goods Conform to the saids Acts To the terror of others to Committ the Lyke heirafter And anent the charge given to the saids Defenders To have Compeared personallie before the saids Lords of his Majesties privie Councell at ane Certaine day bypast To have ansuered to the Grounds of the abovewryten Complaint and to have heard and seen such order and Course taken therwith as appertained under the paine of rebellion and putting them to the horne with Certification etc as the saids principall Lybell or Letters of Complaint uith the executiones therof in themselves more fullie proports Uhich Lybell Being this day Called in presence of the saids Lords of his Majesties privie Councell And the said Lord Advocat and Sir Patrick Home his Majesties Sollicitor Compearing for his Majesties Intrest And the saids Defenders being Laufullie Cited ofttymes Called and not Compearing The saids Lords Grants Certification against the saids tuo defenders in respect of their absence and not Compearance And ordaines Letters of Denunciation to be direct to macers or messengers at armes Commanding them to pass to the mercat Cross of […] and other places needfull and ther In his Majesties name and authoritie Deuly Laufullie and orderly Denunce the saids tuo absent Defenders his Majesties rebells And putt them to his Highnesses horne Escheat and Inbring all their moveable Goods and Gear to his Majesties use for their Contempt and Disobedience

Att Edinburgh the Nynth day of June Jaj vjc nyntie six years

A1696/6/321

Decreet

Certification his Majesties Advocat Against Mair and Guthrie

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councell att the instance of Sir James Steuart his Majesties advocat for his highnes intrest In the matter underwryten Mentioning That wher prelacy and any office in the Church above presbyters is abolished by the third Act of the first session of his Majesties Current parliament And by the sixth Act fourth session of his majesties said Current parliament It is statut and ordained that all persons in offices and places of publick trust Civill Ecclesiasticall or military And particularly that all preachers and ministers of the Gospell whatsoever Doe suear the oath of alleadgeance and subscribe the same uith the Assurance subjoyned to the said Act and that betuixt and the tuenty day of June then next to Come under the Certificatione that the Ministers if provyded to Kirks shall be depryved of their benefice or stipend And preachers not provyded to Kirks shall be punished by Banishment or otheruayes as the Lords of his Majesties privie Counsell shall think fitt And by the threttie seventh Act of the second session of Parliament The dyet to Ministers for taking the said oath is prorogat to the tenth of July then nixt and by the Lords of his majesties privie Councell their proclamation In relation to the saids acts They appointed Commissioners for administrating the said oath of alleadgance and assurance And by the tuenty second act2 of the fifth session of this Current parliament It is statut and Declared That whosoever hereafter shall intrude themselves into any church or possess manse or 3benefice or shall exerce any pairt of the Ministeriall functione uithin any paroch without ane orderly Call from the Heretors and Eldership and Legall admission from the presbyterie uithin whose bounds it Lyes shall be Incapable of Enjoying any church or stipend or benefice uithin this Kingdome for the space of seven moneths after Removall from the Church and quyting possession of the stipend and benefice And by the tuenty seventh Act of the samen session of parliament all due Encouragment and protection is given to all Ministers not depryved or deposed if they should Come in and take the oath of alleadgance and subscribe the assurance betuixt and the first of September then nixt to Come And Certification is given by the said Act that all Ministers who should not Come in betuixt and the said day That they are ipso Facto deprived of their respective Kirks and stipends And the samen Declared vacant uithout any farder sentence yet true It is and of veritie That Mr Alexander Mair a Chapland and pretended Minister at Kirkuall and Mr Patrick Guthrie preacher and pretended minister of Deirness and St Andreus in Orkney are guiltie of the Crymes aftermentioned viz That the said Mr Alexander Mair in the months of october and november Jaj vjc nyntie five or one or other of the months thereof and Dayes of the same Did Come to the Late Bishop of Morray or one or other of the Late Bishops Deposed by the Laus of this Kingdome and was presbyterat and receaved ordination from them and then returned to the Countrey of Orkney and Intruded himself into the paroch of Kirkuall And the said Mr Patrick Guthrie being also presbyterat and ordained by the Late Bishops since the abolution of prelacy Did in the months of Aprile May June and remanent months of the said year Jaj vjc nyntie five or one or other of them Intrude himself into the Kirks and paroch of Deirness and St Andreus in Orkney And they did preach pray and exerce other pairts of the Ministeriall functione within the saids respective paroches ever since their pretended ordinatione on the dayes and months abovementioned And that without any Call at Least any orderly Call from the heretors and Eldership and that without any admission at all from any Legall presbyterie of this Church And since the forsaids acts of parliament appointing preachers to suear the oath of alleadgance and subscribe the same uith the Assurance and before the saids pretended ordinations and their Intrusion into the forsaids churches They Did presume severall tymes to preach pray and exerce some or other of the pairts of the Ministeriall function uithin the forsaids paroches and in the Countrey of Orkney and Zetland and elsewher without qualifying themselves Conform to the saids Laues off which Crimes or one or other of them The saids Mr Alexander Mair and Mr Patrick Guthrie are actors airt and pairt And ought and should be punished severely in their persons and Goods Conform to the saids Acts To the terror of others to Committ the Lyke heirafter And anent the charge given to the saids Defenders To have Compeared personallie before the saids Lords of his Majesties privie Councell at ane Certaine day bypast To have ansuered to the Grounds of the abovewryten Complaint and to have heard and seen such order and Course taken therwith as appertained under the paine of rebellion and putting them to the horne with Certification etc as the saids principall Lybell or Letters of Complaint uith the executiones therof in themselves more fullie proports Uhich Lybell Being this day Called in presence of the saids Lords of his Majesties privie Councell And the said Lord Advocat and Sir Patrick Home his Majesties Sollicitor Compearing for his Majesties Intrest And the saids Defenders being Laufullie Cited ofttymes Called and not Compearing The saids Lords Grants Certification against the saids tuo defenders in respect of their absence and not Compearance And ordaines Letters of Denunciation to be direct to macers or messengers at armes Commanding them to pass to the mercat Cross of […] and other places needfull and ther In his Majesties name and authoritie Deuly Laufullie and orderly Denunce the saids tuo absent Defenders his Majesties rebells And putt them to his Highnesses horne Escheat and Inbring all their moveable Goods and Gear to his Majesties use for their Contempt and Disobedience

1. NRS, PC1/50, 550-52.

2. Insertion. The word ‘day’ scored out here.

3. The letters ‘Glei’ scored out here.

1. NRS, PC1/50, 550-52.

2. Insertion. The word ‘day’ scored out here.

3. The letters ‘Glei’ scored out here.