Tag Archives: 11 November 1703

Act, 11 November 1703, Edinburgh

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Edinburgh the 11th November 1703

D1703/11/41

Act

Act Infavours of Mr William Forbes Advocat

Annent The petition given in and presented to The Lords of Her Majesties privie Councill By Mr William Forbes Advocat Shewing That wher the petitioner Have composed a Methodicall treatise concerning bills of Exchange Wherin is ane account off the rise and progress of Exchange The nature and kynds oft explained The prevailling Customes off Merchants illustrated and confirmed from Civill Law The authoritie of Lauiers and wrytters antient and modern forraigne statuites and sentances of Courts, Acts of parliament, and Decisions off the Lords of Session and all cruious and usefull caices Questiones and Contraversies, touching bills fairly stated and Discussed, according to the Analogy of the scotts Laws And Therfore Creaving to the effect aftermentioned As the said petitione bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them By Mr William Forbes Advocat And the samen being read in their presence The saids Lords Doe heirby grant To the petitioner his aires and assignyes The sole priviledge off printing and vending and selling a book Intituled A Methodicall Treatise concerning Bills of Exchange etc And Dischairges all other persones whatsomever To print, reprint, sell or import into this Kingdome any off the saids books For the space off nyneteen years from the date heirof and that under the pain and penaltie of Confiscation off the saids books to the use off the petitioner or his Forsaids And further under the penalty off Five Hundereth merks scotts money to be payed by the Contraveeners to the petitioner and his forsaids besydes the seazure and forefaulture Forsaid.

Edinburgh the 11th November 1703

D1703/11/41

Act

Act Infavours of Mr William Forbes Advocat

Annent The petition given in and presented to The Lords of Her Majesties privie Councill By Mr William Forbes Advocat Shewing That wher the petitioner Have composed a Methodicall treatise concerning bills of Exchange Wherin is ane account off the rise and progress of Exchange The nature and kynds oft explained The prevailling Customes off Merchants illustrated and confirmed from Civill Law The authoritie of Lauiers and wrytters antient and modern forraigne statuites and sentances of Courts, Acts of parliament, and Decisions off the Lords of Session and all cruious and usefull caices Questiones and Contraversies, touching bills fairly stated and Discussed, according to the Analogy of the scotts Laws And Therfore Creaving to the effect aftermentioned As the said petitione bears The Lords off Her Majesties privie Councill Haveing Considered the above petition given into them By Mr William Forbes Advocat And the samen being read in their presence The saids Lords Doe heirby grant To the petitioner his aires and assignyes The sole priviledge off printing and vending and selling a book Intituled A Methodicall Treatise concerning Bills of Exchange etc And Dischairges all other persones whatsomever To print, reprint, sell or import into this Kingdome any off the saids books For the space off nyneteen years from the date heirof and that under the pain and penaltie of Confiscation off the saids books to the use off the petitioner or his Forsaids And further under the penalty off Five Hundereth merks scotts money to be payed by the Contraveeners to the petitioner and his forsaids besydes the seazure and forefaulture Forsaid.

1. NRS, PC2/28, 273v-274r.

1. NRS, PC2/28, 273v-274r.

Decreet, 11 November 1703, Edinburgh

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Edinburgh the 11th November 1703

D1703/11/31

Decreet

Decreit Barbara Kenman against John Edgar

Annent The Lyble or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privie Councill at the Instance off Barbara Kenman spouse to Robert Houat at Bridgend off Drumfreis with Consent off her said Husband and John Hamiltoun her son off the First marriage With concourse off Sir James Steuart Her Majesties Advocat for her highness intrest in the matter under writtin2 Mentioning That wher by the Laws off this and all well governed nationes all persones Especially these who are under the trust off others and Committed to their Cair as apprentices, who are Committed to the Cair off their Masters for their Education and Instruction ought to be Free and Secure From all wrong and violence to be done to their persons And that by the Eleventh Chapter Statute Robert 2d It is ordained That iff on man Mutilats another or wound or beats him by forethought fellonie he shall be proceeded againest as a man slayer and shall buy and Redeem his lyfe and shall asythe the pairty Skaithed Lykeas By the 118th Act off the 7th parliament James 5th and by the 76 Act off the 6th parliament James 6th Mutilation is lykewayes joyned with Manslaughter as ane parralell cryme. Notwithstanding wherof John Edgar Taylzier in Dumfreis Haveing casten off all fear of God and respect to the Laudable Lawes of this Her Majesties realme Haveing conceaved a groundless malice against the person off the said John Hamiltoun (ane of the Complainers above named) His apprentice He did without any provocation upon the day off […] or ane or other off the dayes of the said moneth Forceably throw the said John From ane Table (wher he was sitting shewing his work) to the floor And did there to beat and bruise him that he was left for dead And tho afterwards by the help of Chirurgions and blood letting he was brought to lyfe yet he was soe Disabled that he continues under a languishing condition thorrow a perpetuall vomiting of blood and heavie pains over his whole body so that his lyfe is worse then death unto him And he is altogither disabled from following any calling wherby to support this his Miserable lyfe And Therfor the said John Edgar ought to be punished withall the severest punishment’s that can be inflicted upon him for soe gross and villanous a Cryme And more especially ought to asythe the said John Hamiltoun the pairity lesed by mentaining him with ane aliment suitable to his Condition and paying the Expenss of his cure And otherwayes to repair the damnadge As the Lords of Her Majesties privie Councill shall think fit To the terror of others to committ the lyke intyme Comeing And annent The Chairge given to the said John Edgar Defender To have Compeired befoir the Lords of Her Majesties privie Councill at ane Certain day by past And to have heard and seen such order and Course taken therannent as appertaines under the pain off Rebellion and putting of him to the horne with Certeficatione As in the said principall Lyble or Letters off Complaint at more length is Contained Which Lyble Being upon the Eleventh off November Called In presence off the saids Lords off Her Majesties privie Councill And the said Barbara Kenman spouse to Robert Houat at the Bridge end of Dumfreis and John Hamiltoun her son off the First marriadge persewars Compeiring personally at the barr with Mr Robert Bennet their Advocat And the Defenders being absent tho Laufullie cited oft times called and not Compeiring The Lords of Her Majesties privie Councill In respect off the said Deffender his absence and not Compearance as said is Doe heirby Grant Certefication against the said Defender And ordaines Letters off Denounciation to be direct to Macers or Messengers at armes to pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely Laufully and orderly Denounce the said John Edgar Her Majesties Rebell and put him to Her highness horn Escheat and inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience

Edinburgh the 11th November 1703

D1703/11/31

Decreet

Decreit Barbara Kenman against John Edgar

Annent The Lyble or Letters of Complaint Raised and persewed befoir the Lords of Her Majesties privie Councill at the Instance off Barbara Kenman spouse to Robert Houat at Bridgend off Drumfreis with Consent off her said Husband and John Hamiltoun her son off the First marriage With concourse off Sir James Steuart Her Majesties Advocat for her highness intrest in the matter under writtin2 Mentioning That wher by the Laws off this and all well governed nationes all persones Especially these who are under the trust off others and Committed to their Cair as apprentices, who are Committed to the Cair off their Masters for their Education and Instruction ought to be Free and Secure From all wrong and violence to be done to their persons And that by the Eleventh Chapter Statute Robert 2d It is ordained That iff on man Mutilats another or wound or beats him by forethought fellonie he shall be proceeded againest as a man slayer and shall buy and Redeem his lyfe and shall asythe the pairty Skaithed Lykeas By the 118th Act off the 7th parliament James 5th and by the 76 Act off the 6th parliament James 6th Mutilation is lykewayes joyned with Manslaughter as ane parralell cryme. Notwithstanding wherof John Edgar Taylzier in Dumfreis Haveing casten off all fear of God and respect to the Laudable Lawes of this Her Majesties realme Haveing conceaved a groundless malice against the person off the said John Hamiltoun (ane of the Complainers above named) His apprentice He did without any provocation upon the day off […] or ane or other off the dayes of the said moneth Forceably throw the said John From ane Table (wher he was sitting shewing his work) to the floor And did there to beat and bruise him that he was left for dead And tho afterwards by the help of Chirurgions and blood letting he was brought to lyfe yet he was soe Disabled that he continues under a languishing condition thorrow a perpetuall vomiting of blood and heavie pains over his whole body so that his lyfe is worse then death unto him And he is altogither disabled from following any calling wherby to support this his Miserable lyfe And Therfor the said John Edgar ought to be punished withall the severest punishment’s that can be inflicted upon him for soe gross and villanous a Cryme And more especially ought to asythe the said John Hamiltoun the pairity lesed by mentaining him with ane aliment suitable to his Condition and paying the Expenss of his cure And otherwayes to repair the damnadge As the Lords of Her Majesties privie Councill shall think fit To the terror of others to committ the lyke intyme Comeing And annent The Chairge given to the said John Edgar Defender To have Compeired befoir the Lords of Her Majesties privie Councill at ane Certain day by past And to have heard and seen such order and Course taken therannent as appertaines under the pain off Rebellion and putting of him to the horne with Certeficatione As in the said principall Lyble or Letters off Complaint at more length is Contained Which Lyble Being upon the Eleventh off November Called In presence off the saids Lords off Her Majesties privie Councill And the said Barbara Kenman spouse to Robert Houat at the Bridge end of Dumfreis and John Hamiltoun her son off the First marriadge persewars Compeiring personally at the barr with Mr Robert Bennet their Advocat And the Defenders being absent tho Laufullie cited oft times called and not Compeiring The Lords of Her Majesties privie Councill In respect off the said Deffender his absence and not Compearance as said is Doe heirby Grant Certefication against the said Defender And ordaines Letters off Denounciation to be direct to Macers or Messengers at armes to pass to the mercat cross of […] and other places needfull And there in Her Majesties name and authoritie Duely Laufully and orderly Denounce the said John Edgar Her Majesties Rebell and put him to Her highness horn Escheat and inbring all his moveable goods and gear to Her Majesties use for his Contempt and Disobedience

1. NRS, PC2/28, 272v-273v.

2. Sic.

1. NRS, PC2/28, 272v-273v.

2. Sic.

Procedure, 11 November 1703, Edinburgh

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Edinburgh the 11th November 1703

D1703/11/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces

Edinburgh the 11th November 1703

D1703/11/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancellor and Lord president of privie Councill The Earle of Buchan Elected preces

1. NRS, PC2/28, 272v.

1. NRS, PC2/28, 272v.

Sederunt, 11 November 1703, Edinburgh

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Edinburgh the 11th November 17031

D1703/11/12

Sederunt

Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Anstruther; Lord Rankeillour; Lord Phesdo; Lord Tillecultrie; Laird of Stevensone; Laird of Prestongrange; Lord Provost of Edinburgh

Edinburgh the 11th November 17031

D1703/11/12

Sederunt

Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Lord Register; Lord Advocat; Lord Aberuchill; Lord Halcraig; Lord Anstruther; Lord Rankeillour; Lord Phesdo; Lord Tillecultrie; Laird of Stevensone; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC2/28, 272v.

2. NRS, PC2/28, 272v.

1. NRS, PC2/28, 272v.

2. NRS, PC2/28, 272v.

Decreet, 11 November 1703, Edinburgh

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Att Edinburgh the Eleventh day of November Jaj vijc and thrie years

A1703/11/41

Decreet

Decret Certification The Agent for the Kirk against Doctor Gairdne

Anent the Lybell or Letters of Complaint raised and pursued befor the Lords of her Majesties privy Councill at the Instance of John Blair agent for the Kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes interest in the matter underwriten Makeing Mention That wherby the Lawes of this and all other weell governed Realmes The decreets and Sentances of Lawfull Courts especially of the high Court of parliament and Commissions of Parliament ought to be duely obtemporat and acquiesced in; and that to neglect and Counteract the same is a high Contempt of authority and visible tends to great disorder and the dissollution of all Government Nevertheless It was of verity That Doctor James Gardne Sometime professor of Divinitie in the Colledge of Old Aberdein Haveing been upon the Twenty fifth day of January 1697 years deprived by the Commission of parliament for visitation of Colledges and Schoolls of his office of professor of divinitie in the said Colledge for his not qualifieing himself by swearing the Oath of alledgance and Subscryveing the Same with the assurance and for not Subscryveing the confession of faith in the termes of the act of parliament 1693 Wherupon his said place and office as professor was declared vaccant, yet the said Doctor Gardne after haveing long acquiesced as in duty he was oblidged Did upon one or other of the dayes of Aprill last presumptuously at his oun hand intrude into the said office; adding to his presumption a groundles and insolent protest against the Lawfull Choiseing of a new professor, and farder Causeing refuse access to and exclude from the ordinary place of meetting Such as hade the power and were about to elect, And Farder the said Doctor Gairdn2 did upon his said intrusion Cause ring the Bell to his publict Lessons as if he hade been duely restored albeit the forsaid Sentence of parliament did Still Stand in force against him which was a high and Manifast Contempt of the authority therof By all which it was evident That the said Doctor James Gairdne was guilty airt and pairt of a manifast Lawless intrusion and of a high Contempt of the authority of Parliament and of the Sentence of the Commission therof Still Standing against him all which being proven he ought not only to be decerned to remove and Cease from usurping the said office and to find Caution for that effect But also Farder punished in his person and goods for his said insolent Contempt at the sight of the Lords of her Majesties privy Councill to the Example and terror of others to Comitt the Like in time comeing And Anent the Charge given to the said Doctor James Gairdne defender To have Compeared before the saids Lords of privy Councill personally at ane Certaine day now bygone To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as the saids Lords of privy Councill should think fitt under the pain of Rebellion etc as in the said Lybell or Letters of Complaint and executiones therof at more length is Contained; Which Lybell being this day Called in presence of the saids Lords of her Majesties privy Councill, And the pursuer Compearing personally at the Batt and the defender being Lawfully citted oft times called and not Compearing The Lords of her Majesties privy Councill In Respect of the said defender his absence and not Compearance as said is Doe hereby Grant Certification against the said defender And ordaines Letters of Denunciation to be direct to Macers or messingers at armes to pass to the marcat Cross of […] and other places needfull and ther In her Majesties name and authority duely Lawfully and orderly denunce the said Doctor James Gairdne her Majesties Rebell and put him to her highnes horn; Escheat and inbring all his moveable goods and geir to her Majesties use for his Contempt and disobedience.

Att Edinburgh the Eleventh day of November Jaj vijc and thrie years

A1703/11/41

Decreet

Decret Certification The Agent for the Kirk against Doctor Gairdne

Anent the Lybell or Letters of Complaint raised and pursued befor the Lords of her Majesties privy Councill at the Instance of John Blair agent for the Kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes interest in the matter underwriten Makeing Mention That wherby the Lawes of this and all other weell governed Realmes The decreets and Sentances of Lawfull Courts especially of the high Court of parliament and Commissions of Parliament ought to be duely obtemporat and acquiesced in; and that to neglect and Counteract the same is a high Contempt of authority and visible tends to great disorder and the dissollution of all Government Nevertheless It was of verity That Doctor James Gardne Sometime professor of Divinitie in the Colledge of Old Aberdein Haveing been upon the Twenty fifth day of January 1697 years deprived by the Commission of parliament for visitation of Colledges and Schoolls of his office of professor of divinitie in the said Colledge for his not qualifieing himself by swearing the Oath of alledgance and Subscryveing the Same with the assurance and for not Subscryveing the confession of faith in the termes of the act of parliament 1693 Wherupon his said place and office as professor was declared vaccant, yet the said Doctor Gardne after haveing long acquiesced as in duty he was oblidged Did upon one or other of the dayes of Aprill last presumptuously at his oun hand intrude into the said office; adding to his presumption a groundles and insolent protest against the Lawfull Choiseing of a new professor, and farder Causeing refuse access to and exclude from the ordinary place of meetting Such as hade the power and were about to elect, And Farder the said Doctor Gairdn2 did upon his said intrusion Cause ring the Bell to his publict Lessons as if he hade been duely restored albeit the forsaid Sentence of parliament did Still Stand in force against him which was a high and Manifast Contempt of the authority therof By all which it was evident That the said Doctor James Gairdne was guilty airt and pairt of a manifast Lawless intrusion and of a high Contempt of the authority of Parliament and of the Sentence of the Commission therof Still Standing against him all which being proven he ought not only to be decerned to remove and Cease from usurping the said office and to find Caution for that effect But also Farder punished in his person and goods for his said insolent Contempt at the sight of the Lords of her Majesties privy Councill to the Example and terror of others to Comitt the Like in time comeing And Anent the Charge given to the said Doctor James Gairdne defender To have Compeared before the saids Lords of privy Councill personally at ane Certaine day now bygone To have answered to the forsaid Complaint and to have heard and seen such order and Course taken theranent as the saids Lords of privy Councill should think fitt under the pain of Rebellion etc as in the said Lybell or Letters of Complaint and executiones therof at more length is Contained; Which Lybell being this day Called in presence of the saids Lords of her Majesties privy Councill, And the pursuer Compearing personally at the Batt and the defender being Lawfully citted oft times called and not Compearing The Lords of her Majesties privy Councill In Respect of the said defender his absence and not Compearance as said is Doe hereby Grant Certification against the said defender And ordaines Letters of Denunciation to be direct to Macers or messingers at armes to pass to the marcat Cross of […] and other places needfull and ther In her Majesties name and authority duely Lawfully and orderly denunce the said Doctor James Gairdne her Majesties Rebell and put him to her highnes horn; Escheat and inbring all his moveable goods and geir to her Majesties use for his Contempt and disobedience.

1. NRS, PC1/53, 73-5.

2. Sic.

1. NRS, PC1/53, 73-5.

2. Sic.

Decreet, 11 November 1703, Edinburgh

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Att Edinburgh the Eleventh day of November Jaj vijc and thrie years

A1703/11/31

Decreet

Decreet of Certification The Agent for the Kirk against Mr John Taylor

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of her Majesties privy Councill by John Blair agent for the kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwritten Mentioning That wher by the Lawes and acts of parliament no person not owning our authority and praying for our Royall persone and Government ought to preach or exercise any part of the Ministeriall function within this kingdome, And to doe in the Contrary Specially when the Same is done by way of Intrusion and to the disturbance of both the Church and Countrey is a high Cryme and to be severly punished; Likeas by the sixth act of the Fourth Session of the Parliament King William and Queen Mary all ministers and preachers are ordained to swear the oath of alledgance and subscrybe the same with the assurance otherwise Ministers provided to Kirks are to be deprived of their benefices and Stipends and preachers not provided to kirks are to be punished by Banishment Or otherwise as the Lords of her Majesties privy Councill shall think fitt Likeas by the 22 act of the 5th Session of the same parliament all intrusion, That is who intrudes themselves into any Church or shall exercise any part of the Ministeriall function within any paroch without ane orderly call and Legall Admission is discharged under the paines therincontained Nevertheless It is of verity That Mr John Taylor Sometime incumbent at Paisley doeth now of Late take upon him to preach and for that end hath sett up ane Meetting house in her Majesties Castle of Doun within the paroch of Kilmadock and ther preaches and exerces other parts of the Ministeriall function Notwithstanding he be not qualified by Swearing the Oath of Alledgance and Subscrybeing the Same with the assurance to her Majestie Nor doeth he pray for her Majestie as the Law Requyres and farther he brings assistants to help him in his forsaid exercise Viz Mr Walter Stirling sometime incumbent at Badeonoch Mr John Grahame some time incumbent at Auchterador Mr […] Cumming sometime incumbent at Libertoune and others all deprived by sentance of privy Councill and also not qualified to her Majesties Government as above And all this the said Mr John Taylor doeth by way of intrusione The said Church and paroch of Kilmadock haveing been these ten years and being now Legally and peaceably plainted till the said Mr John by his forsaid usurpation and intrusion hath occasioned great disturbance and disorders But in the paroch and Countrey as too notourly knowen By all which it is evident That the said Mr John is guilty airt and part of Usurpeing the Ministrie and exercise therof and intrudeing and not praying for her Majestie Contrair to Law Which being proven he not only Ought to be removed from the said paroch and discharged to preach and exerce any wher in time comeing But farder punished by Sentance of her Majesties privy Councill in his person and goods to the example and terror of others to Comitt the Like in time Comeing And Anent the Charge given to the said defender to have Compeared befor the saids Lords at ane at ane Certain day now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as the saids Lords should find Just under the paine of Rebellion etc as in the said Lybell or Letters of Complaint and executiones therof at more Length is contained; Which Lybell being upon the Threttie day of September Last by past Called, and the said pursuer Compearing personally with the said Sir James Stewart her Majesties advocat for her highnes intrest; And the defender Compearing also personally at the Barr; And the Lybell being Read And both parties heard and removed The Lords of her Majesties privy Councill 2 Allowed the first Councill day in November then nixt to come to the defender to Consider with himself; Whither or not he would qualifie himself to her Majestie by Swearing the Oath of alledgance and Signeing the Same with the assurance And in the mean time Discharged the said defender from preaching or exerceing any part of the Ministeriall function within any part of the paroch of Killmadock till the said day under the paines contained in the acts of parliament Therafter the said Lybell being again this day called And the pursuer Compearing personally at the Barr, And the defender being oft times called and not Compearing and the Lybell with the above interloquitor theron of the date the Threttie day of September Last being Read and Considered; The Lords of her Majesties privy Councill Have discharged and hereby Discharges the said Mr John Taylor defender from preaching or exerceing any part of the Ministeriall function within any part of the paroch of Killmadock in time comeing under the paines and penalties Contained in the acts of parliament made theranent And the saids Lords doe hereby Grant Certification against the said defender In Respect of his absence and not Compearance And Ordained Letters of denunciation to be direct to macers or messingers at armes to pass to the Marcat cross of […] and other places needfull, and ther in her Majesties name and authority duely Lawfully and orderly denunce the said Mr John Taylor her Majesties Rebell and put him to her highnes horn, Escheat and inbring all his moveable goods and geir to her Majesties use for his Contempt and disobedience.

Att Edinburgh the Eleventh day of November Jaj vijc and thrie years

A1703/11/31

Decreet

Decreet of Certification The Agent for the Kirk against Mr John Taylor

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of her Majesties privy Councill by John Blair agent for the kirk with Concourse of Sir James Stewart her Majesties advocat for her highnes intrest in the matter underwritten Mentioning That wher by the Lawes and acts of parliament no person not owning our authority and praying for our Royall persone and Government ought to preach or exercise any part of the Ministeriall function within this kingdome, And to doe in the Contrary Specially when the Same is done by way of Intrusion and to the disturbance of both the Church and Countrey is a high Cryme and to be severly punished; Likeas by the sixth act of the Fourth Session of the Parliament King William and Queen Mary all ministers and preachers are ordained to swear the oath of alledgance and subscrybe the same with the assurance otherwise Ministers provided to Kirks are to be deprived of their benefices and Stipends and preachers not provided to kirks are to be punished by Banishment Or otherwise as the Lords of her Majesties privy Councill shall think fitt Likeas by the 22 act of the 5th Session of the same parliament all intrusion, That is who intrudes themselves into any Church or shall exercise any part of the Ministeriall function within any paroch without ane orderly call and Legall Admission is discharged under the paines therincontained Nevertheless It is of verity That Mr John Taylor Sometime incumbent at Paisley doeth now of Late take upon him to preach and for that end hath sett up ane Meetting house in her Majesties Castle of Doun within the paroch of Kilmadock and ther preaches and exerces other parts of the Ministeriall function Notwithstanding he be not qualified by Swearing the Oath of Alledgance and Subscrybeing the Same with the assurance to her Majestie Nor doeth he pray for her Majestie as the Law Requyres and farther he brings assistants to help him in his forsaid exercise Viz Mr Walter Stirling sometime incumbent at Badeonoch Mr John Grahame some time incumbent at Auchterador Mr […] Cumming sometime incumbent at Libertoune and others all deprived by sentance of privy Councill and also not qualified to her Majesties Government as above And all this the said Mr John Taylor doeth by way of intrusione The said Church and paroch of Kilmadock haveing been these ten years and being now Legally and peaceably plainted till the said Mr John by his forsaid usurpation and intrusion hath occasioned great disturbance and disorders But in the paroch and Countrey as too notourly knowen By all which it is evident That the said Mr John is guilty airt and part of Usurpeing the Ministrie and exercise therof and intrudeing and not praying for her Majestie Contrair to Law Which being proven he not only Ought to be removed from the said paroch and discharged to preach and exerce any wher in time comeing But farder punished by Sentance of her Majesties privy Councill in his person and goods to the example and terror of others to Comitt the Like in time Comeing And Anent the Charge given to the said defender to have Compeared befor the saids Lords at ane at ane Certain day now bygone To have answered to the forsaid Complaint And to have heard and Seen such order and Course taken theranent as the saids Lords should find Just under the paine of Rebellion etc as in the said Lybell or Letters of Complaint and executiones therof at more Length is contained; Which Lybell being upon the Threttie day of September Last by past Called, and the said pursuer Compearing personally with the said Sir James Stewart her Majesties advocat for her highnes intrest; And the defender Compearing also personally at the Barr; And the Lybell being Read And both parties heard and removed The Lords of her Majesties privy Councill 2 Allowed the first Councill day in November then nixt to come to the defender to Consider with himself; Whither or not he would qualifie himself to her Majestie by Swearing the Oath of alledgance and Signeing the Same with the assurance And in the mean time Discharged the said defender from preaching or exerceing any part of the Ministeriall function within any part of the paroch of Killmadock till the said day under the paines contained in the acts of parliament Therafter the said Lybell being again this day called And the pursuer Compearing personally at the Barr, And the defender being oft times called and not Compearing and the Lybell with the above interloquitor theron of the date the Threttie day of September Last being Read and Considered; The Lords of her Majesties privy Councill Have discharged and hereby Discharges the said Mr John Taylor defender from preaching or exerceing any part of the Ministeriall function within any part of the paroch of Killmadock in time comeing under the paines and penalties Contained in the acts of parliament made theranent And the saids Lords doe hereby Grant Certification against the said defender In Respect of his absence and not Compearance And Ordained Letters of denunciation to be direct to macers or messingers at armes to pass to the Marcat cross of […] and other places needfull, and ther in her Majesties name and authority duely Lawfully and orderly denunce the said Mr John Taylor her Majesties Rebell and put him to her highnes horn, Escheat and inbring all his moveable goods and geir to her Majesties use for his Contempt and disobedience.

1. NRS, PC1/53, 70-3.

2. The phrase ‘Have allowed and hereby’ scored out here.

1. NRS, PC1/53, 70-3.

2. The phrase ‘Have allowed and hereby’ scored out here.

Procedure, 11 November 1703, Edinburgh

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Att Edinburgh the Eleventh day of November Jaj vijc and thrie years

A1703/11/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancelor and Lord President of privy Councill; The Earle of Buchan elected preses.

Att Edinburgh the Eleventh day of November Jaj vijc and thrie years

A1703/11/21

Procedure

[Buchan elected Preses]

In absence of the Lord Chancelor and Lord President of privy Councill; The Earle of Buchan elected preses.

1. NRS, PC1/53, 70.

1. NRS, PC1/53, 70.

Sederunt, 11 November 1703, Edinburgh

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Att Edinburgh the Eleventh day of November Jaj vijc and thrie years1

A1703/11/12

Sederunt

Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Lord Register; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdoe; Lord Tillicultrie; Laird of Stivenson; Laird of Prestongrange; Lord Provost of Edinburgh

Att Edinburgh the Eleventh day of November Jaj vijc and thrie years1

A1703/11/12

Sederunt

Earl of Buchan; Earl of Lauderdale; Earl of Forfar; Earl of Dunmore; Lord Register; Lord Advocat; Lord Aberurchill; Lord Halcraig; Lord Anstruther; Lord Rankeillor; Lord Phesdoe; Lord Tillicultrie; Laird of Stivenson; Laird of Prestongrange; Lord Provost of Edinburgh

1. NRS, PC1/53, 70.

2. NRS, PC1/53, 70.

1. NRS, PC1/53, 70.

2. NRS, PC1/53, 70.