Judicial Proceeding, 5 July 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/41

Judicial Proceeding

Certification His Majesties Advocat against Mr Aeneas McIntosh

Anent The Lyble or Letters of Complaint Raised and persued before the Lords of his majesties privy Councill att the Instance of Sir James Stewart his majesties Advocate for his highness Interest in the matter underwrittin. Making Mention That where by the sixth Act of the fourth session of the Current Parliament Intituled act for the Taking the oath of Alledgance and assurance It is statute and ordained That all ministers and preachers of the Gospell whatsoever swear the oath of Allegdance To his Majestie and Subscrive the same with the Assurance. Certifieing such ministers as are provided to Kirks and shall refuse the same should be deprived of their benefices and stipends Likeas by the Twenty second Act, Fyfth session, of the same parliament It is statute That all who shall Intrude themselves into any church without a legall Call or admission and Exercise any part of the ministerial function therein shall be lyable to the paines of the said act as is therein fully contained. And, furder, It is Recommended of privy Councill to take some Effectual Course for hindering ministers deposed from preaching or Exercising the ministerial function after they are deposed. Nevertheless It is of verity That contrary to the saids acts, Mr James Inglis Late Incumbent att Muthill Mr Eneas McIntosh Intruder into the said paroch of Muthill and Mr James Lauder Schoolmaster and preacher there Continues and presumes to preach and Exerce the other pairts of the ministerial function without having qualified themselves conform To the appointment of the saids acts By swearing the oath of alledgance and subscriving the same with the Assurance wherby they have Incurred the Certificationes Contained in the saids acts in such caices as use is. Likeas all the saids Three persons are deposed by the presbetrie of Auchterarder as the saids sentences or acts of Depositions heirwith produced will Testifie. And yet they presume to preach Baptize and marry In high Contempt of the sentences or acts of the said presbetrie and authority of this church And furder It is Informed That ever since the happy Revolution all the forsaids persones hes neglected to Read the publict proclamations appointed by his Majestie for solemn days of fasts and Thanksgiving and In stead of obeying the Last proclamation for a fast they Turned the same to a Thanksgiving appointed the Wednesday thereafter and despiseing the causes and day appointed by his Majestie. And still Continues in the paroch of Muthill Infesting That Bounds to the great disquiet of the setled order and peace of this Church. By all which The said Mr James Inglis Mr Aeneas McIntosh and Mr James Lauder Being guilty airt and pairt of the forsaids Transgressions and disorders. They ought to be punished therfore with the paines of Law and furder Effectually Restrained for hereafter from committing of any such abuses To the Example and terror of others to Committ The Like in tyme Coming. And Anent The charge given to the saids Defenders To have Compeared personally before The saids Lords of privy Councill at ane certan day bygone To have answered to the grounds of the above Complaint And to have heard and seen such order and course taken thereanent as the saids Lords should think fitt under the pain of Rebellion and putting of them to the horn with certification etc as in the principall Lyble with the Executions thereof att more Length is Contained. Which lyble being this day called In presence of the Lords of his Majesties privy Councill And Sir James Stewart his majesties Advocate Compearing as persuer And The saids Mr James Inglis and Mr James Lauder Two of the defenders Compearing personally and the said Mr Aeneas McIntosh being oftimes called and not Compearing. The saids Lord declaires The Lyble to be Let fall against the Two defenders Compearing as said is and Grants Certification against The said Mr Aeneas McIntosh In Respect of his absence And ordains Letters to be direct hereon Commanding Messengers at arms so to pass to pass2 to the mercat cross of Edinburgh and all other places needfull And There in his majesties name and authority duely, and Laufully to denunce The said Mr Aeneas McIntosh his majesties rebell and putt him to his higness horn Escheat and Inbring all his moveable goods and gear to his Majesties use for his Contempt and disobedience.

Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/41

Judicial Proceeding

Certification His Majesties Advocat against Mr Aeneas McIntosh

Anent The Lyble or Letters of Complaint Raised and persued before the Lords of his majesties privy Councill att the Instance of Sir James Stewart his majesties Advocate for his highness Interest in the matter underwrittin. Making Mention That where by the sixth Act of the fourth session of the Current Parliament Intituled act for the Taking the oath of Alledgance and assurance It is statute and ordained That all ministers and preachers of the Gospell whatsoever swear the oath of Allegdance To his Majestie and Subscrive the same with the Assurance. Certifieing such ministers as are provided to Kirks and shall refuse the same should be deprived of their benefices and stipends Likeas by the Twenty second Act, Fyfth session, of the same parliament It is statute That all who shall Intrude themselves into any church without a legall Call or admission and Exercise any part of the ministerial function therein shall be lyable to the paines of the said act as is therein fully contained. And, furder, It is Recommended of privy Councill to take some Effectual Course for hindering ministers deposed from preaching or Exercising the ministerial function after they are deposed. Nevertheless It is of verity That contrary to the saids acts, Mr James Inglis Late Incumbent att Muthill Mr Eneas McIntosh Intruder into the said paroch of Muthill and Mr James Lauder Schoolmaster and preacher there Continues and presumes to preach and Exerce the other pairts of the ministerial function without having qualified themselves conform To the appointment of the saids acts By swearing the oath of alledgance and subscriving the same with the Assurance wherby they have Incurred the Certificationes Contained in the saids acts in such caices as use is. Likeas all the saids Three persons are deposed by the presbetrie of Auchterarder as the saids sentences or acts of Depositions heirwith produced will Testifie. And yet they presume to preach Baptize and marry In high Contempt of the sentences or acts of the said presbetrie and authority of this church And furder It is Informed That ever since the happy Revolution all the forsaids persones hes neglected to Read the publict proclamations appointed by his Majestie for solemn days of fasts and Thanksgiving and In stead of obeying the Last proclamation for a fast they Turned the same to a Thanksgiving appointed the Wednesday thereafter and despiseing the causes and day appointed by his Majestie. And still Continues in the paroch of Muthill Infesting That Bounds to the great disquiet of the setled order and peace of this Church. By all which The said Mr James Inglis Mr Aeneas McIntosh and Mr James Lauder Being guilty airt and pairt of the forsaids Transgressions and disorders. They ought to be punished therfore with the paines of Law and furder Effectually Restrained for hereafter from committing of any such abuses To the Example and terror of others to Committ The Like in tyme Coming. And Anent The charge given to the saids Defenders To have Compeared personally before The saids Lords of privy Councill at ane certan day bygone To have answered to the grounds of the above Complaint And to have heard and seen such order and course taken thereanent as the saids Lords should think fitt under the pain of Rebellion and putting of them to the horn with certification etc as in the principall Lyble with the Executions thereof att more Length is Contained. Which lyble being this day called In presence of the Lords of his Majesties privy Councill And Sir James Stewart his majesties Advocate Compearing as persuer And The saids Mr James Inglis and Mr James Lauder Two of the defenders Compearing personally and the said Mr Aeneas McIntosh being oftimes called and not Compearing. The saids Lord declaires The Lyble to be Let fall against the Two defenders Compearing as said is and Grants Certification against The said Mr Aeneas McIntosh In Respect of his absence And ordains Letters to be direct hereon Commanding Messengers at arms so to pass to pass2 to the mercat cross of Edinburgh and all other places needfull And There in his majesties name and authority duely, and Laufully to denunce The said Mr Aeneas McIntosh his majesties rebell and putt him to his higness horn Escheat and Inbring all his moveable goods and gear to his Majesties use for his Contempt and disobedience.

1. NRS, PC1/51, 446-8.

2. Sic.

1. NRS, PC1/51, 446-8.

2. Sic.