Judicial Proceeding, 13 April 1697, Edinburgh

Act, 6 October 1697, Edinburgh

Att Edinburgh the thretteenth day of Aprile Jaj vic nyntie seven

A1697/4/181

Judicial Proceeding

Certification His Majesties Advocat against The Laird of Strictmartine and others

William By the Grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Councill messengers at armes our shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuchas Anent the Lybell or Letters of Complaint purchased and raised before the Lords of our privie Councill att the Instance of Sir James Stuart our Advocat for our Interest in the matter underwryten As also at the instance of Mr William Mitchell minister of Dundie moderator of the presbytrie therof In name of the presbytrie Making Mentione That wher by the Laues of this and all other well Governed realms Especialle by the act James the sixth parliament Eleventh chapter tuenty seventh against troublers of the Kirk all raising of tumults rablings and ryotts By unwarrantable Convocations and violence especialle In oppositione to Laufull orders aither of the Civill or ecclesiastick government and upon the Lords day and in or about kirks or kirk yeards to the desturbance of the people assembled for publick worship are Crimes of a high nature and severly punishable Nevertheless It is of veritie that Mr Patrick Midletoun Intruder upon the kirk and paroch of Fermy Having been formerly minister at Lesly From which he uas outted and depryved by sentence of his Majesties privy Councill For not praying for his Majestie King William Hath of late not only Intruded and presumed to preach and exercise the function of the Ministrie at the said Kirk and paroch of Strictmartines But hath with the Assistance of one […] Wintoun of Strictmartine and severall other disaffected persons afternamed Hath upon one or other of the dayes of the months of the years Jaj vic nyntie six and of this present year Jaj vic nyntie seven taken possession by disorder and violence of the said kirk of Strictmartine and by armed Men such as […] Gullam his gairdner Peter Tham James Tham and James Smith and others of his tennents guarded the said kirk by force In opposition to the Minister sent by the presbytrie to preach ther as at a vacant Kirk And particularly upon the Lords day the fourteenth day of March last when Mr Alexander Lauder minister at Mordingtoun sent by the Generall Assembly to supplie the vacancies of Angus and Mearns uent by order of the said presbytrie of Dundie to preach at the said kirk of Strictmartines now of a Long tyme vacant by the death of the former Incumbent wher the said Mr Patrick Midletoun mett him at the Kirk door and asked him for his warrand to whom Mr Alexander Ansuered that he had a subscryved Commission from the presbyterie which he was ready to show to any of the paroch But thought Mr Midletoune who was only ane Intruder not Concerned in the paroch wherupon the said Mr Midletoun Cryed to all the people to follow him to the Laird of Strictmartins house to hear sermone And forbid them to hear the said presbyterian minister who uas ane unknouen shepherd And the said Mr Alexander Having preached in the fornoon without any disturbance about the midst of his afternoon sermone ther Came a Great rable of people from Strictmartins house wher Mr Midletoun had presumed to preach as said is And who noe doubt had been animat and Instigat by him and assaulted the Kirk Throuing in great stones att the window and beatting at the church doors and Ringing the bell And when they Could not enter the door some of them came in at the window and opened the door to the rest of the rable who Came in with great fury Cursing and suearing and stricking uith great staffes all that were in their way And offering the same violence to the Minister if not Guarded by a few about him And particularly John Greive wright in Baldivance Struck uith a Squyre rule one James Smith Servant to William Watt in that paroch and gave him a dangerous uound in the head As also he beat one James Williamson brazier uith severall bloues on the hand wherby he is Lyke to be Mutilat of one of his fingers And the said James Gullam gairdner uith the said John Greive did Lykewise beat the saids persons speciallie the said James Williamsone and one Thomas Fleeming merchant in Dundie Threatning many terrrible threatts and curses Item Laurence Andersone in the said paroch was ring Leader to the said rable and did throw stones at the minister through the windoues and Struck with a battonn Alexander Wyllie Servant to the said William Watt and severall others Item John Andersone servant to Margaret Tham In Balreggan was the first came in violently at the window of the Kirk the tyme of Sermone and opened the door to the rest and threw Great stones at the people Item Walter Couper at the Bridgend of Strictmartines Came in also at the window and Struck Severall persons uith a battoun As also James Hill in Balmadoun and James Thomson ther and James Greive in Baldivance Andrew Law in the Kirktoun of Strictmartin James and George Thames sons to Patrick Tham ther James Andersone ther David Salmond and George Law in Baldreggan all and each of them did Invade the Kirk as said is By throuing of stones in att the window Cursing the poeple and beatting them with battouns or doing one or other of the saids deeds which their ryott and violence is furder aggravat In that neither the Minister nor any of the poeple uith him Did move aither tongue or hand against them But suffered all with patience And farder after that the said rable had Committed the forsaid disorder and violence upon the day and in manner forsaid Dryving the said Mr Lauder and his people out of the Kirk The said Mr Patrick Midletoun Came to the Kirk and preached to the said Rable uithout ever reproving them for their violence As also the said Mr Patrick Intruder hath possest himself of the manse and Laboures the Gleib of the said Kirk uithout any order By all which It is Evident that the haill forsaids persons viz the said […] Wintoun of Strictmartine […] Gullam Peter and James Thames James Smith John Grieve James Smith Laurence Andersone John Anderson Walter Couper James Hill James Thomsone James Greive Andrew Law James and George Thames James Anderson David Salmond and George Law all rablers are guiltie airt and pairt of the premisses which being verified against them They ought to be punished by the paines of Law as the saids Lords of our privie Councill should 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 personally this day before the Lords of our privie Councill att Edinburgh or wherever it should happen them to before the tyme To Have ansuered to the Grounds of the above wryten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords of our privie Councill shall think fitt under the paine of rebellion and putting them to our horne with Certifications etc As in the principall Lybell or Complaint caused in the said matter att more Length is Contained The above Lybell Being this day Called in presence of the Lords of our privie Councill And the said Sir James Steuart Our Advocat Compearing personallie for our Intrest in the said matter as pursuar And John Anderson Servitor to Margaret Thame in Baldreggen one of the defenders Compearing personallie acknouledged in face of Councill That he uas present at the rable Lybelled And that he went in att the window of the Kirk of Strictmartine and opened the Kirk door And that the Lady Strictmartine bad him doe soe The said Sir James Steuart our Advocat Compearing as pursuar Having Declared He passed from Mr Patrick Midletoun In respect he hath Given him Satisfaction And Craved Certification against the said Thomas Wintour of Strictmartine and the haill other rablers at Strictmartine above designed (except the said Mr Patrick Midletoune and the said John Anderson) In respect of their absence In not Compearing The saids Lords of our privie Councill Having this day Considered the above Lybell uith the declaration of our Advocate They Granted Certification against the said Thomas Wintoun of Strictmartine and the haill other persons abovenamed (except the said Mr Patrick Midletoun and John Anderson) And ordained this our Letters of Denunciation to be direct therupon In manner and to the effect underwryten As ane Act made theranent of the day and date hereof ordaining the same att more length bears Our Will is Herefore And we Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercant Cross of […] and other places needfull And therat In our name and authority deuly Laufullie and orderly denunce the said Thomas Wintoun of Strictmartine and haill other defenders abovedesigned (except the said Mr Patrick Midletoun and John Anderson) our rebells and putt them to our horne Escheat and Inbring all their movable goods and gear to our use for their Contempt and disobedience The which to doe we Committ to yow Conjunctly and Severally our full pouer by these Our Letters Delyvering them by yow deuly execut and Indorsed againe to the bearer Given under our Signet at Edinburgh the thretteenth day of Aprile and of our reigne nynth year 1698 per actum dominorum secreti Concilii.

Att Edinburgh the thretteenth day of Aprile Jaj vic nyntie seven

A1697/4/181

Judicial Proceeding

Certification His Majesties Advocat against The Laird of Strictmartine and others

William By the Grace of God King of Great Brittaine France and Ireland defender of the faith To […] Macers of our privie Councill messengers at armes our shireffs in that part Conjunctly and Severally specially Constitut Greeting Forasmuchas Anent the Lybell or Letters of Complaint purchased and raised before the Lords of our privie Councill att the Instance of Sir James Stuart our Advocat for our Interest in the matter underwryten As also at the instance of Mr William Mitchell minister of Dundie moderator of the presbytrie therof In name of the presbytrie Making Mentione That wher by the Laues of this and all other well Governed realms Especialle by the act James the sixth parliament Eleventh chapter tuenty seventh against troublers of the Kirk all raising of tumults rablings and ryotts By unwarrantable Convocations and violence especialle In oppositione to Laufull orders aither of the Civill or ecclesiastick government and upon the Lords day and in or about kirks or kirk yeards to the desturbance of the people assembled for publick worship are Crimes of a high nature and severly punishable Nevertheless It is of veritie that Mr Patrick Midletoun Intruder upon the kirk and paroch of Fermy Having been formerly minister at Lesly From which he uas outted and depryved by sentence of his Majesties privy Councill For not praying for his Majestie King William Hath of late not only Intruded and presumed to preach and exercise the function of the Ministrie at the said Kirk and paroch of Strictmartines But hath with the Assistance of one […] Wintoun of Strictmartine and severall other disaffected persons afternamed Hath upon one or other of the dayes of the months of the years Jaj vic nyntie six and of this present year Jaj vic nyntie seven taken possession by disorder and violence of the said kirk of Strictmartine and by armed Men such as […] Gullam his gairdner Peter Tham James Tham and James Smith and others of his tennents guarded the said kirk by force In opposition to the Minister sent by the presbytrie to preach ther as at a vacant Kirk And particularly upon the Lords day the fourteenth day of March last when Mr Alexander Lauder minister at Mordingtoun sent by the Generall Assembly to supplie the vacancies of Angus and Mearns uent by order of the said presbytrie of Dundie to preach at the said kirk of Strictmartines now of a Long tyme vacant by the death of the former Incumbent wher the said Mr Patrick Midletoun mett him at the Kirk door and asked him for his warrand to whom Mr Alexander Ansuered that he had a subscryved Commission from the presbyterie which he was ready to show to any of the paroch But thought Mr Midletoune who was only ane Intruder not Concerned in the paroch wherupon the said Mr Midletoun Cryed to all the people to follow him to the Laird of Strictmartins house to hear sermone And forbid them to hear the said presbyterian minister who uas ane unknouen shepherd And the said Mr Alexander Having preached in the fornoon without any disturbance about the midst of his afternoon sermone ther Came a Great rable of people from Strictmartins house wher Mr Midletoun had presumed to preach as said is And who noe doubt had been animat and Instigat by him and assaulted the Kirk Throuing in great stones att the window and beatting at the church doors and Ringing the bell And when they Could not enter the door some of them came in at the window and opened the door to the rest of the rable who Came in with great fury Cursing and suearing and stricking uith great staffes all that were in their way And offering the same violence to the Minister if not Guarded by a few about him And particularly John Greive wright in Baldivance Struck uith a Squyre rule one James Smith Servant to William Watt in that paroch and gave him a dangerous uound in the head As also he beat one James Williamson brazier uith severall bloues on the hand wherby he is Lyke to be Mutilat of one of his fingers And the said James Gullam gairdner uith the said John Greive did Lykewise beat the saids persons speciallie the said James Williamsone and one Thomas Fleeming merchant in Dundie Threatning many terrrible threatts and curses Item Laurence Andersone in the said paroch was ring Leader to the said rable and did throw stones at the minister through the windoues and Struck with a battonn Alexander Wyllie Servant to the said William Watt and severall others Item John Andersone servant to Margaret Tham In Balreggan was the first came in violently at the window of the Kirk the tyme of Sermone and opened the door to the rest and threw Great stones at the people Item Walter Couper at the Bridgend of Strictmartines Came in also at the window and Struck Severall persons uith a battoun As also James Hill in Balmadoun and James Thomson ther and James Greive in Baldivance Andrew Law in the Kirktoun of Strictmartin James and George Thames sons to Patrick Tham ther James Andersone ther David Salmond and George Law in Baldreggan all and each of them did Invade the Kirk as said is By throuing of stones in att the window Cursing the poeple and beatting them with battouns or doing one or other of the saids deeds which their ryott and violence is furder aggravat In that neither the Minister nor any of the poeple uith him Did move aither tongue or hand against them But suffered all with patience And farder after that the said rable had Committed the forsaid disorder and violence upon the day and in manner forsaid Dryving the said Mr Lauder and his people out of the Kirk The said Mr Patrick Midletoun Came to the Kirk and preached to the said Rable uithout ever reproving them for their violence As also the said Mr Patrick Intruder hath possest himself of the manse and Laboures the Gleib of the said Kirk uithout any order By all which It is Evident that the haill forsaids persons viz the said […] Wintoun of Strictmartine […] Gullam Peter and James Thames James Smith John Grieve James Smith Laurence Andersone John Anderson Walter Couper James Hill James Thomsone James Greive Andrew Law James and George Thames James Anderson David Salmond and George Law all rablers are guiltie airt and pairt of the premisses which being verified against them They ought to be punished by the paines of Law as the saids Lords of our privie Councill should 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 personally this day before the Lords of our privie Councill att Edinburgh or wherever it should happen them to before the tyme To Have ansuered to the Grounds of the above wryten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords of our privie Councill shall think fitt under the paine of rebellion and putting them to our horne with Certifications etc As in the principall Lybell or Complaint caused in the said matter att more Length is Contained The above Lybell Being this day Called in presence of the Lords of our privie Councill And the said Sir James Steuart Our Advocat Compearing personallie for our Intrest in the said matter as pursuar And John Anderson Servitor to Margaret Thame in Baldreggen one of the defenders Compearing personallie acknouledged in face of Councill That he uas present at the rable Lybelled And that he went in att the window of the Kirk of Strictmartine and opened the Kirk door And that the Lady Strictmartine bad him doe soe The said Sir James Steuart our Advocat Compearing as pursuar Having Declared He passed from Mr Patrick Midletoun In respect he hath Given him Satisfaction And Craved Certification against the said Thomas Wintour of Strictmartine and the haill other rablers at Strictmartine above designed (except the said Mr Patrick Midletoune and the said John Anderson) In respect of their absence In not Compearing The saids Lords of our privie Councill Having this day Considered the above Lybell uith the declaration of our Advocate They Granted Certification against the said Thomas Wintoun of Strictmartine and the haill other persons abovenamed (except the said Mr Patrick Midletoun and John Anderson) And ordained this our Letters of Denunciation to be direct therupon In manner and to the effect underwryten As ane Act made theranent of the day and date hereof ordaining the same att more length bears Our Will is Herefore And we Charge yow strictly and Command That Incontinent these our Letters seen ye pass to the mercant Cross of […] and other places needfull And therat In our name and authority deuly Laufullie and orderly denunce the said Thomas Wintoun of Strictmartine and haill other defenders abovedesigned (except the said Mr Patrick Midletoun and John Anderson) our rebells and putt them to our horne Escheat and Inbring all their movable goods and gear to our use for their Contempt and disobedience The which to doe we Committ to yow Conjunctly and Severally our full pouer by these Our Letters Delyvering them by yow deuly execut and Indorsed againe to the bearer Given under our Signet at Edinburgh the thretteenth day of Aprile and of our reigne nynth year 1698 per actum dominorum secreti Concilii.

1. NRS, PC1/51, 169-73.

1. NRS, PC1/51, 169-73.