Att Edinburgh the 11th January One Thousand seventh Hundereth and four years

A1704/1/23

A1704/1/23¹

Decreet

Decreit The Agent For the Kirk Against Mr Mungo Carnegy and Mr John Lyon sheriff Depute and substitute of Forfar

Anent The Lyble or Letters off Complaint Raised and persewed Befoir the Lords of Her Majesties privie Councill att the Instance of John Blair agent for the Kirk With Concourse of Sir James Steuart her Majesties Advocat for Her highness intrest in the matter underwrytten Makeing Mention That wher By the second Act, seventh session first parliament off King William Entituled Act for preventing of Disorders in supplying and planting off vaccant Churches It is Expressly statute and ordained That where and when ever after Requisition made by the presbitry to the Beddell off any Church or Havers of the Keys of the samen The samen are Refused and not given up, Then the nixt Magistrat, Sherriff, Lord of Regality, or Baillie and ther Deputs or any Justice of pace when requyred by the presbitry or any from them shall repair to the said Kirk and there make open and patent the doors therof and put new looks upon the samen and delyver the Keys of the said Presbitry or their order for there free use makeing of the samen Certefeing the said Inferior Magistrat who shall refuse when requyred to make the Church patent in manner forsaid He shall be lyable in the Fyne off one Hundereth pound scotts To be inflicted upon him By the Lords of Her Majesties privie Councill For the use off the poor off the parish by and attour the presbitries Expensses Yet Nevertheless It is of verity That upon the Tuenty Nynth day of December Last by past The Moderator off the united presbitries of Dundee, Meigle, and Forfar went and knocked at each door off the Church off Auchterhouse Three seaverall tymes Requyreing the Beddell to make the samen open But he not Compeiring The Moderator took Instruments therupon And thereafter Master James Ramsay Minister off the Gospell at Bendochie and Master JohnThomson Minister off the Gospell at Alyth as being Commissionated and haveing power from the united presbitres, off Dundee, Meigle, and Forfar To repair to the Sherriff substitute off Forfar Did upon the Fourth day off January last by past or one or other off the dayes of the said moneth (after they had produced and read the forsaid Commission To Master John Lyon present sherriff substitute off Forfar) Desyre and requyre him (as Sherriff substitute Forsaid) To interpose his authority and power for makeing patent the Doors off the Church off Auchterhouse And the Doors off the united Churches off Essy and Nevoy and Manses belonging to the said Respective Churches and put Mr Patrick Johnstoune who is ordained and admitted Minister off Auchterhouse in possession off the Church and Manse therof and Master Adam Davidson who is ordained and admitted Minister off the said united parochins off Essy and Nevoy in possession off the said Churches and Manse belonging therto Which the said master John Lyon refuised and said that he Could not medle in the said affaires Haveing noe Instructione or warrant either From the sherriff principall or sherriff Depute thereanent And Sykelyke upon the Thretty day of December last by past The said Moderator off the united presbitres off Dundee, Meigle and Forfar went and knocked at each door off the united paroches of Essay and Nevoy Three seaverall tymes Requyreing the Beddell to make the samen open But he not Compeiring The Moderator took Instruments therupon And Thereafter Master George Clepan Minister off the Gospell at Newstyle, and Master Walter Ainsley Minister off the Gospell at Lundy and Foules as haveing Commission in manner Forsaid Did upon the fyfeteen day off January last by past or ane or other off the dayes off the said moneth (after they had produced and read there Commissione from the saids united presbitrys off Dundee, Meigle and Forfar to the Effect in manner above and aftermentioned) Did desyre and requyre Mr Mungo Carnegie Advocat Sherriff Depute off Forfar to interpose his authority and power For makeing patent the doors off the said Churches and Manses above lybled and put the said Mr Patrick Johnstoune and Mr Adam Davidson Ministers off the said seaverall paroches in possession off the samen Which the said Shirriff Deput Refuised to doe and said that he behaved to hear the other pairty as two seaverall Instruments taken theron showen to the Lords off Her Majesties privie Councill hes testified By all which It is evident That the said Mr Mungo Carnagie shirriff Deput and Mr John Lyon Shirriff substitute Have not obtempered and Given obediance to the said Act off parliament Which being proven They and ilk ane off them ought to be fyned in ane Hundereth pound scots as the penalty off the said act off parliament And Further ordained to interpose there authority for makeing the doors off the said Churches and Manses open and patent and put new locks theron and put the said Master Patrick Johnstoun and Mr Adam Davidson in possession therof And further ought to be Decerned in the soume off […] as the said presbitres Expensses And Anent The Chairge given to the saids Defenders To have Compeired befoir the Lords of privie Councill personally at ane certain day now by gone To have answered to the forsaid Complaint and to have heard and see such order and Course taken therannent as the saids Lords off privie Councill shall think fit under the pain of Rebelion and putting of them to the horne As in the Lyble or Letters of Complaint and Executiones therof at more length is Contained Which lyble being upon the Tuenty second day off Appryll Last by past In presence off the saids Lords Called And the persewar Compeiring personally at the Barr with Sir David Cunynghame Her Majesties solicitor And the Defender Compeiring also personally at the Barr The Councill nominated and appoynted the former Committee appoynted to Inquyre into the Grivances given in by the Generall Assemblie to their Lordships viz Earl of Tullibardine, Lord Privie Seall, Earl of Lauderdale, Viscount of Stair, Lord Boyle, Lord President of Session, Advocat, Aberuchill, Phesdo, and Mr Francis Montgomry, To be a Committee to Consider the matter therin represented and to report And Recommends to the said Committee To meet to morrow morning at Ten aclock in the foirnoon and Declaires any two aquorum In obediance To which Interloquitor The said Committee Haveing meet They gave ther Report in the said matter As followes Edinburgh the Thertie day off Apryll J^aj vj^c and Three years Committee For considering the matter represented in the Lyble at the Instance off John Blair agent For the Kirk againest Mr Mungo Carnegie shirriff Deput off Forfar and John Lyon shirriff substitute Sederunt Lord Boyle Theasaurer Depute Lord president of Session, Lord Advocat, and Master Francis Montgomry Lord Boyle Thesaurer Depute Elected preces The Committee off privy Councill To whom the Churches Representation of Grivances as also the proces For opening the Church Doors off the Churches off Aucherhouse and the united Churches off Essay and Nevoy stand remitted Takeing to their serious Consideration the said processes and Master Mungo Carnegie and Mr John Lyon deffenders therin Being also Called and not Compeiring and haveing seen the Instruments of requisition taken by the presbitry in the said matter They find that the act off parliament J^aj vj^c and Nynty Eight Strictly ordaines that after Requisitione made by the presbitry to the Beddell or havers off the Keys off Churches If the samen be refuised and not given up Then the nixt Magistrat or Justice off pace Requyred by the presbitry should repair to the Kirk and make open and patent doors and put on new Locks and Delyver the keyes to the presbitry or their order for their free use makeing therof under a certaine paine therin Contained; and that therfor the said Mr Mungo Carnegie Shirriff Depute should Instantly Cause make open the said Doors and put on new locks and Delyver the keys to the presbitry or ther order Conforme to the said Act off parliament and the Requisitiones made thereanent and with Certefication as is Contained in the Act And the Committee Supperceeds any further proceeding upon the said Grivance till there nixt meeting Sic Subscribitur Boyle Therafter Wpone the day and date off their presents The within report off the Committee appointed in the proces at the Instance off The Agent for the Kirk Against Mr Mungo Carnegie Shirriff Depute off Forfar, and Mr John Lyon shirriff substitute annent opening the Church doors off the Churches off Auchterhouse and the united Churches off Essay and Nevoy Being read in presence off The Lords off Her Majesties privie Councill, And they haveing Considered the samen The saids Lords Have approved and heirby approves therof And have appoynted and ordained and heirby appoynts and ordaines Letters off Horning under signet off Councill To be direct hereupon againest the said Mr Mungo Carnegie, and Mr John Lyon, To Chairge them Instantly To Cause open the saids doors and put new Locks theron and delyver the Keys to the presbitry or their order Conforme to the said Act off parliament and that under the penalty off one hundereth pound scotts by and attour the presbitres expensses.