Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Twentie first day of February J^aj vij^c and Six years

A1706/2/12

A1706/2/12¹

Procedure

Refused petition for Mr John Mathers

Anent the petition given in and presented to the Lords of her Majesties privie Councell by Mr John Mathers Minister of the Gospell Shewing that wher the petitioner haveing been cited to compear befor the saids Lords the fyfteinth of November past, He did in obedience therto attend severall Subsequent Councell dayes without being called, and haveing not only given very early prooffs of his affection and Loyaltie to her Majesties Royall persone and Government by congratulating her happie accession to the Throne; and constantly praying for her ever since, But hes also altho not obleidged by law, taken the oath of alleadgance and subscribed the assureance, as the saids Lords ther records will testifie, He thought himselfe heirby Sufficiently intituled to the saids Lords ther protection in the exercise of his Ministrie; Conforme to her Majesties most gratious Letter, all which being well knowen to the persewers they thought fitt to pass from your petitioner, and delate his name out of the lybell, So that he rested every way secure, And beleived ther was no need of compearance when the lybell was Called Notwithstanding wherof the petitioner was very much Surpryzed to find that the persewers takeing occasion of calling some others, not being legally qualified, have procured the saids Lords ther order for Shutting wp the petitioners meeting house, which Sentence being only Levelled against the Petitioner, And being pronounced parte inaudita, He humbly craves leave to represent, Primo that the petitioner was the only persone who was Setled in that meeting house since Doctor Weddalls removeing, And the other Ministers who preached ther, did it only transiently at the Petitioners Desyde, And wer no otherwayes concerned, nor had they any fixed residence in that place Secundo, The Acts of parliament lybelled wpon doe nowayes meet the petitioners case, For the act 1693. Ordained the oath of alleadgance and assureance to be taken by all in publict trust Ecclesiastick, Civill or military, and is only to be understood of Ministers who possess Churches and benefices, But ex Super abundante the petitioner is legally qualified, as is abovementioned; and it is evident that the act 1695 is only framed against such as Should intrude themselves into Churches and benefices without a Call prescrybed by law, which the petitioner had never presumed to doe, but contented himselfe to preach in by law, which the petitioner had never presumed to doe, but contented himselfe to preach in a meeting house to Such as wer inclyned that way, And tho this proces was raised at the instigation of the Minister at St Andrews, yet it is most certaine that the meeting house is in the parish of St Leonards, and ther is no Complaint of intrusion from that Minister Thirdly Ther Seems no reasone to quarrell the meeting house, Because it is keept in the Seat of the University; For it is most certaine that many Gentlemen and others in that place, are so averse from the present establishment, that they will neather hear the presbiterian Ministers themselves, nor Sufferr ther children to goe to ther Churches, And its hoped the most zealous of that perswasion will not deney that these whose inclinations are so disposed, Should rather goe to a meeting house, then be Suffered to Spend the Lords day idly, which in a short tyme could wndoubtedly efface all thoughts and concerne for religion, And the petitioner might appeall to the Masters of that Universities, if any of ther Schoollers who frequent the meeting house have been deficient in any pairt of ther duty, and have not been rather eminent examples both of virtue and good manners, and ther is no fear of the receiving any ill impression ther, For the petitioner takes care to preach nothing but the pure doctrine of Christianitie without giveing the least ground of offence to the Government either civill or Ecclesiastick, and is knowen to be of a harmeless lyfe and conversation, and therfor Craveing In regaird of all which and particularly that the petitioner is qualified according to law, and that he was not called when the meeting house was Shutt up, tho the Sentence militats directly against him, That ther lordships would allow him to returne to the exercise of his Ministrie In the meeting house att St Andrews, And grant him that protection her Majestie recomends to ther care in her most Gracious letter, As the said petition bears, The Lords of her Majesties Privie Councell haveing upon the threttie first day of January last Considered the above petition given in to them by Mr John Mathers, And the Samen being Read in ther presence, The Saids Lords delayes the Same till the nixt Councell day, And in the mean tyme Appoynts Sir James Steuart her Majesties Advocat and John Blair Agent for the Kirk to See and answer the Samen, And accordingly her Majesties Advocat gave in the following answers by way of representation Viz The Said Mr John Mathers had offerred Such a petition to the saids Lords against their Sentence for Shutting wp the meeting house at St Andrews, As hath not appeared Since the Revolution, The Saids Lords ordained that meeting house to be Shutt up on the account that after Doctor Waddell was therfrom removed, other persons not qualified, but manifastly disaffected to the Government had keept up the Samen To the great disturbance of the quyet and peace of the place; Mr Mathers² now³ appears by his petition and affirms that it was his meeting house, but by what pleadable right is hitherto unknowen /2o/ He affirms that by the act of parliament 1693. No Minister not qualified is debarred from preaching but Such as possess Churches and benefices, wheras the Act expressly Statuts that Such who offerr to preach not being qualified in the terms therof, And not haveing Churches and benefices Should be banished the realme or otherwayes punished, /3o/ He affirms that the Act 1695. Against Intruders Is only against Such as Intrude into Churches and benefices, wheras the act is expressly against any who Shall exerce any pairt of the Ministeriall function in any Church or perish not being therto Law fully Called and ordained, 4o/ He avows that the other Ministers who preached ther in that meeting house, tho they wer not qualified, yet did preach ther at his desyre, /5o/ He pretends the Interest of the University, wheras its manifast that nothing cane be more prejudiciall to the said University, and the right education of youth therin then to give them incouragment to breake and dispyse the Setled order of the Church, wherof the tendencie is but too well knowen to be to the prejudice of her Majesties Government, and the peace of the realme, And /6o/ He pretends to have ane Allowance from her Majesties Letter, Wheras her Majesties Letter contains nothing, but what is expressly qualified to be according to law, and gives no countenance to Such as manifastly transgress the Same, either by preaching, not being qualified, or by Intruding into parishes contrary to Law, And /7o/ This petition does not only mispresent the law, and pretends to ane Indullgence and Tolleration not heirtofour granted, But offers to controull the saids Lords ther most Just Sentence tho the petitioner hath not the least Interest to doe the Same; And therfor her Majesties Advocat humbly obtests that Such a petition in the very face of law, and against their lordships most Just Sentance May not only be refused, But rejected with Such a Reprimand as it deserves, Especiallie it being so well knowen that the Saids Lords administration in these matters Is with all the moderation that the peace and quyet of the kingdomes will allow, And cane consist with the authority of the law and preservation of her Majesties Government, The Lords of her Majesties privie Councell haveing this day again considered the petition given in to them by Mr John Mathers, and the Samen with answers therto by my Lord Advocat being Read in ther presence, The Saids Lords have Refused and heirby Refuse the desyre of the said petition.