Judicial Proceeding, 5 July 1698, Edinburgh

Decreet, 29 December 1698, Edinburgh

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

A1698/7/21

Judicial Proceeding

Certification Deans against Rablers att Blair

Anent The Lyble Raised and pursued before the Lords of his Majesties privy Councill att the Instance of Mr Archbald Deans minister att Bowden and ane of the ministers sent by the Late General assemblie To preach in Angus and Mearns with Concurse of Sir James Stewart his Majesties Advocate for his highness Interest In the matter underwrittin Making Mention That where by the Laws and acts of Parliament of this Kingdom all men are obliged to Keep the publick peace Specialy towards ministers and preachers of the Gospell duely thereto authorized. Likeas by the Act James The Sixth Parliament Eleventh Caput Twenty seventh and by another Act Charles 1st parliament 1st Chapter 7th all Troublers of the Kirk or making of any Tumult or raisers of any fray Either in kirk or kirkyeard To the disordering of the people the time of divine Service. As Likeways all Invaders of ministers or who put violent hands in them by themselves their men tennents and servants or any others of their hounding out of their direction or allowance for whatsoever cause or occasion are Declared lyable in the pain of Escheat of all their moveables. And Land Lords Heiretors and others In whose bounds offenders dwell or haunt, are holden upon Complaint To the Lords of privy Councill To Exhibite and produce them To be duely punished in such manner and under such pains as are Contained in the said acts. Nevertheless It is of verity That the persons aftermentioned are guilty and have transgressed the forsaids Laws and acts. Insofarr as That the said Mr Archbald Deans missionat as said is having been appointed by Commission from the presbetrie of Dundee to preach att the Kirk of Blair within the Bounds of their Inspection upon the Eight day therein Instant And There to declare the said Kirk vacant by the deprivatione of Mr Gilbert Blair Late Incumbent their by the Lords of his majesties privy Councill. The said Mr Archbald Deans Complainer went to the said Kirk and finding the doors shutt and Ranforced within he demanded the Keys from Walter Rodger, Beddel who refused them and Then went to John Drummond of Newtoun one of the heretors of the paroch and shewed him The presbetries Commission and demanded the Keys of him or That he would Cause the Beddell deliver them. But Newtoun answered That he was not Concerned and That he desired no such ministers to preach their for they were well enough supplied without them Likeas Patrick Johnston of Gormack another Heretor of the parish being also Required in Like manner to deliver the said Keys he answered That he hade them not nor would he order the Belman To deliver them tho he might doe it. So That the said Complainer was forced to preach in the Kirk-yeard with great trouble and throwing of stones by a disaffected Rable while in the mean time one Mr McKenzie deprived by the saids Lords of privy Councill from the Kirk of Newtyle And not qualified Conform to Law did preach in the Kirk. And furder the said Mr Archbald Deans Complainer upon the Lords day therafter being the Fifteenth of May going again to the said Kirk In discharge of his Commission was mett by a Rable of men some of them armed and women who hade stayed all night In and about the Kirk and amongst them John McLean footman to the said John Drummond of Newtoune […] Lady Lockblair Jannet Kilgour servant to the Laird of Ard Blair. Mr Gilbert Robison younger of Drumlochie and […] Sanders in Blair with severall others apposed the said Complainers Entry By Throwing at him Stones Divots and Rotten Eggs and many opprobrious words. And when thereafter the said Complainer went to the heretors present in the Kirk-yeard. Viz James Blair of Ardblair The said John Drummond of Newtoune The said Patrick Johnston of Gormock, Mr Gilbert Robisone of Drumlochie James Couper of Lochblair Paull Farquharson of Rachalie and Mr Henry Fife pretended minister att Ruthven And Told them of his warrant from the presbetrie of Dundee to preach there and demanded access to the kirk Conform to ane act of his majesties privy Councill which he did read In their presence appointing all heretors of vacant paroches to deliver up the Keys of their vacant Kirks To the presbetrie or any having their Commission To preach there. The saids Heretors answered they hade not the Keys and yett Immediatly therafter They went into the Church Refuseing access to the said Complainer And There heard The said Mr Henry Fife preach notwithstanding that the said Complainer did in the name of the presbetrie discharge him to preach there that day And furder the said Heretors in Contempt of the said Mr Archbald and of all the authority from the Lords of privy Councill and presbetrie wherwith he was cloathed suffered the Rable while he was reading to the heretors the said act of privy Councill To Toss and cast him from side to side without ever forbidding them so to doe Tho the said Complainer Required them For that Effect. Likeas one John Ratray in Meikhower who had come with the said Complainer was att the same tyme beaten by […] Robertson son to the said Drumlochie and by William Sanders brewer in Blair And Thereafter when the said Complainer went to preach in the church-yeard he was wicked and reviled in tyme of divine worship; by Wiliam Blair son to the said Laird of Ard-Blair and John Drummond son to the said Laird of Newtoun. Likeas The said John McLeran servant to Newtoune did att the same tyme cast stones at the people and minister as did likeways John Robertson servant to Sibilla Fouler in Blair with which stones the said minister was smite and hurt and the same Fifteenth day of May John Kilgour in Blair did cast rotten Eggs att the minister and people conveened to worship. and John Ednie son to David Ednie in Blair did att the same tyme Throw stones att the said Complainer But Furder such is the perverse obstinacy of the saids Rablers. That when the said Mr Archbald Deans Complainer persisting in his duty come the Third Lords day Being the Twenty nynth of May To preach at the said Kirk James Milne servant to Robert Nuckle in Blair did beat with a great Cudgell and many strokes Walter Robbertsone in Calless and James Cargyl in Rattray who were helping the said Complainer by getting him a chair which the said James Milne threw armes and brake in pieces. Likeas John Lesly servant to the Laird of Lochblair and James Mitchell servant To the Laird of Ardblair and Thomas Ednie son to David Ednie in Blair Threw stones the forsaid day att the said Mr Archbald Deans Complainer and these Conveened with him for worship and in tyme of sermon as said is. By all which It is Evident That the saids John Drummond of Newtoune Patrick Johnston of Gornock James Blair of Ardblair James Couper of Lochblair Mr Gilbert Robertsones of Drumlochie Elder and younger Paul Farqhwarsone of Rachallie Mr […] McKenzie Mr Henry Fife Walter Rodger Belman John McQueen […] Lady Lockblair Jannet Kilgowr John Robertson, John Gilgowr, John Ednie […] Landers in Blair. William Blair John Drummond. James Milne John Lesly, James Mitchell and Thomas Ednie are all or at Least one or other of them guilty of the forsaid Ryot Breach of the peace and Invading of the minister disturbing of The worship and Contempt of the authority of the Lords of his majesties privy Councill and of the order of the presbetrie above libelled and also of a high profanation of the Lords-day Likeas The saids Ministers McKenzie and Fife have Incurred the Certifications of the act of parliament Jaj vic nynty Three for their unwarrantabl preaching All which being proven they ought Therfore to be severely punished in their persons and goods Conform to the forsaids Laws and as the said Lords of privy Councill shall think meet 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 his majesties privy Councill. To have answered to the grounds of the above Complaint at ane certan day bygone 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 horne with Certification etc as in the principall Lyble and Executions thereof att more Length is Contained. Which Lyble being upon the 28th of June Last bypast and Thereafter upon this day called In presence of the saids Lords of his majesties privy Councill And The persuer Compearing personally with Sir James Stewart his Majesties Advocat and Sir Patrick Home his majesties sollicitor and Patrick Johnston of Gormock, Mr Gilbert Robertson Elder of Drumlochie James Blair of Ard Blair, James Couper of Lochblair, William Blair son to Ard Blair, John Drummond son to Newtoune Drummond, John McCleran servitor to Newtoune, John Lesly servitor to Lochblair, James Mithcell servitor to Ardblair And Paull Farquharsone of Rachallie Ten of the Defenders Compearing personally and the rest of the defenders viz John Drummond of Newtoun Mr […] McKenzie Intruder In the Kirk of Blair […] Lady Lockblair Jannet Kilgowr Servitrix to Ard Blair John Robertson servitor to Sibilla Fouller In Blair […] Landers in Blair. William Sanders Brewer their Robert Nuckell there Walter Rodger Beddel there and Mr Henry Fife Intruder there being Lawfulie cited oft times called and not Compearing And Mr David Dalrymple Compearing as Advocate for the haill defenders. The saids Lords having considered the Lyble and answers made thereto And having heard a Petition given in by the Heretors and others in the paroch of Blairgourie. They heirby Repone The hail Defenders abovenamed Compearing as said is (some of which were absent att the first calling of this Lyble, and Certification was granted against them) against the Certification already granted against them And Allowes the said Certification to be granted against such of the saids defenders as are now absent In Respect they were also absent att the first calling. And admitts the Lyble to probatione against the parties Compearing as said is. And the witnesses being called and having Compeared as they are marked in the Roll And having made faith att the Barr. The Councill nominated and appointed a Committee of their own number To meet and Examine the saids witnesses and Reserves all objections to be made against them To be proponed and discussed before the said Committee and declared any Two of them to be a sufficient quorum. And grants furder diligence by by2 Caption against David Geletlie John Stalker James Cargyle William Anderson and James Deans witnesses cited and not Compearing untill The […] day of […].

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

A1698/7/21

Judicial Proceeding

Certification Deans against Rablers att Blair

Anent The Lyble Raised and pursued before the Lords of his Majesties privy Councill att the Instance of Mr Archbald Deans minister att Bowden and ane of the ministers sent by the Late General assemblie To preach in Angus and Mearns with Concurse of Sir James Stewart his Majesties Advocate for his highness Interest In the matter underwrittin Making Mention That where by the Laws and acts of Parliament of this Kingdom all men are obliged to Keep the publick peace Specialy towards ministers and preachers of the Gospell duely thereto authorized. Likeas by the Act James The Sixth Parliament Eleventh Caput Twenty seventh and by another Act Charles 1st parliament 1st Chapter 7th all Troublers of the Kirk or making of any Tumult or raisers of any fray Either in kirk or kirkyeard To the disordering of the people the time of divine Service. As Likeways all Invaders of ministers or who put violent hands in them by themselves their men tennents and servants or any others of their hounding out of their direction or allowance for whatsoever cause or occasion are Declared lyable in the pain of Escheat of all their moveables. And Land Lords Heiretors and others In whose bounds offenders dwell or haunt, are holden upon Complaint To the Lords of privy Councill To Exhibite and produce them To be duely punished in such manner and under such pains as are Contained in the said acts. Nevertheless It is of verity That the persons aftermentioned are guilty and have transgressed the forsaids Laws and acts. Insofarr as That the said Mr Archbald Deans missionat as said is having been appointed by Commission from the presbetrie of Dundee to preach att the Kirk of Blair within the Bounds of their Inspection upon the Eight day therein Instant And There to declare the said Kirk vacant by the deprivatione of Mr Gilbert Blair Late Incumbent their by the Lords of his majesties privy Councill. The said Mr Archbald Deans Complainer went to the said Kirk and finding the doors shutt and Ranforced within he demanded the Keys from Walter Rodger, Beddel who refused them and Then went to John Drummond of Newtoun one of the heretors of the paroch and shewed him The presbetries Commission and demanded the Keys of him or That he would Cause the Beddell deliver them. But Newtoun answered That he was not Concerned and That he desired no such ministers to preach their for they were well enough supplied without them Likeas Patrick Johnston of Gormack another Heretor of the parish being also Required in Like manner to deliver the said Keys he answered That he hade them not nor would he order the Belman To deliver them tho he might doe it. So That the said Complainer was forced to preach in the Kirk-yeard with great trouble and throwing of stones by a disaffected Rable while in the mean time one Mr McKenzie deprived by the saids Lords of privy Councill from the Kirk of Newtyle And not qualified Conform to Law did preach in the Kirk. And furder the said Mr Archbald Deans Complainer upon the Lords day therafter being the Fifteenth of May going again to the said Kirk In discharge of his Commission was mett by a Rable of men some of them armed and women who hade stayed all night In and about the Kirk and amongst them John McLean footman to the said John Drummond of Newtoune […] Lady Lockblair Jannet Kilgour servant to the Laird of Ard Blair. Mr Gilbert Robison younger of Drumlochie and […] Sanders in Blair with severall others apposed the said Complainers Entry By Throwing at him Stones Divots and Rotten Eggs and many opprobrious words. And when thereafter the said Complainer went to the heretors present in the Kirk-yeard. Viz James Blair of Ardblair The said John Drummond of Newtoune The said Patrick Johnston of Gormock, Mr Gilbert Robisone of Drumlochie James Couper of Lochblair Paull Farquharson of Rachalie and Mr Henry Fife pretended minister att Ruthven And Told them of his warrant from the presbetrie of Dundee to preach there and demanded access to the kirk Conform to ane act of his majesties privy Councill which he did read In their presence appointing all heretors of vacant paroches to deliver up the Keys of their vacant Kirks To the presbetrie or any having their Commission To preach there. The saids Heretors answered they hade not the Keys and yett Immediatly therafter They went into the Church Refuseing access to the said Complainer And There heard The said Mr Henry Fife preach notwithstanding that the said Complainer did in the name of the presbetrie discharge him to preach there that day And furder the said Heretors in Contempt of the said Mr Archbald and of all the authority from the Lords of privy Councill and presbetrie wherwith he was cloathed suffered the Rable while he was reading to the heretors the said act of privy Councill To Toss and cast him from side to side without ever forbidding them so to doe Tho the said Complainer Required them For that Effect. Likeas one John Ratray in Meikhower who had come with the said Complainer was att the same tyme beaten by […] Robertson son to the said Drumlochie and by William Sanders brewer in Blair And Thereafter when the said Complainer went to preach in the church-yeard he was wicked and reviled in tyme of divine worship; by Wiliam Blair son to the said Laird of Ard-Blair and John Drummond son to the said Laird of Newtoun. Likeas The said John McLeran servant to Newtoune did att the same tyme cast stones at the people and minister as did likeways John Robertson servant to Sibilla Fouler in Blair with which stones the said minister was smite and hurt and the same Fifteenth day of May John Kilgour in Blair did cast rotten Eggs att the minister and people conveened to worship. and John Ednie son to David Ednie in Blair did att the same tyme Throw stones att the said Complainer But Furder such is the perverse obstinacy of the saids Rablers. That when the said Mr Archbald Deans Complainer persisting in his duty come the Third Lords day Being the Twenty nynth of May To preach at the said Kirk James Milne servant to Robert Nuckle in Blair did beat with a great Cudgell and many strokes Walter Robbertsone in Calless and James Cargyl in Rattray who were helping the said Complainer by getting him a chair which the said James Milne threw armes and brake in pieces. Likeas John Lesly servant to the Laird of Lochblair and James Mitchell servant To the Laird of Ardblair and Thomas Ednie son to David Ednie in Blair Threw stones the forsaid day att the said Mr Archbald Deans Complainer and these Conveened with him for worship and in tyme of sermon as said is. By all which It is Evident That the saids John Drummond of Newtoune Patrick Johnston of Gornock James Blair of Ardblair James Couper of Lochblair Mr Gilbert Robertsones of Drumlochie Elder and younger Paul Farqhwarsone of Rachallie Mr […] McKenzie Mr Henry Fife Walter Rodger Belman John McQueen […] Lady Lockblair Jannet Kilgowr John Robertson, John Gilgowr, John Ednie […] Landers in Blair. William Blair John Drummond. James Milne John Lesly, James Mitchell and Thomas Ednie are all or at Least one or other of them guilty of the forsaid Ryot Breach of the peace and Invading of the minister disturbing of The worship and Contempt of the authority of the Lords of his majesties privy Councill and of the order of the presbetrie above libelled and also of a high profanation of the Lords-day Likeas The saids Ministers McKenzie and Fife have Incurred the Certifications of the act of parliament Jaj vic nynty Three for their unwarrantabl preaching All which being proven they ought Therfore to be severely punished in their persons and goods Conform to the forsaids Laws and as the said Lords of privy Councill shall think meet 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 his majesties privy Councill. To have answered to the grounds of the above Complaint at ane certan day bygone 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 horne with Certification etc as in the principall Lyble and Executions thereof att more Length is Contained. Which Lyble being upon the 28th of June Last bypast and Thereafter upon this day called In presence of the saids Lords of his majesties privy Councill And The persuer Compearing personally with Sir James Stewart his Majesties Advocat and Sir Patrick Home his majesties sollicitor and Patrick Johnston of Gormock, Mr Gilbert Robertson Elder of Drumlochie James Blair of Ard Blair, James Couper of Lochblair, William Blair son to Ard Blair, John Drummond son to Newtoune Drummond, John McCleran servitor to Newtoune, John Lesly servitor to Lochblair, James Mithcell servitor to Ardblair And Paull Farquharsone of Rachallie Ten of the Defenders Compearing personally and the rest of the defenders viz John Drummond of Newtoun Mr […] McKenzie Intruder In the Kirk of Blair […] Lady Lockblair Jannet Kilgowr Servitrix to Ard Blair John Robertson servitor to Sibilla Fouller In Blair […] Landers in Blair. William Sanders Brewer their Robert Nuckell there Walter Rodger Beddel there and Mr Henry Fife Intruder there being Lawfulie cited oft times called and not Compearing And Mr David Dalrymple Compearing as Advocate for the haill defenders. The saids Lords having considered the Lyble and answers made thereto And having heard a Petition given in by the Heretors and others in the paroch of Blairgourie. They heirby Repone The hail Defenders abovenamed Compearing as said is (some of which were absent att the first calling of this Lyble, and Certification was granted against them) against the Certification already granted against them And Allowes the said Certification to be granted against such of the saids defenders as are now absent In Respect they were also absent att the first calling. And admitts the Lyble to probatione against the parties Compearing as said is. And the witnesses being called and having Compeared as they are marked in the Roll And having made faith att the Barr. The Councill nominated and appointed a Committee of their own number To meet and Examine the saids witnesses and Reserves all objections to be made against them To be proponed and discussed before the said Committee and declared any Two of them to be a sufficient quorum. And grants furder diligence by by2 Caption against David Geletlie John Stalker James Cargyle William Anderson and James Deans witnesses cited and not Compearing untill The […] day of […].

1. NRS, PC1/51, 443-6.

2. Sic.

1. NRS, PC1/51, 443-6.

2. Sic.