At Edinburgh. Thursday the 11th October 1694

A1694/10/15

A1694/10/15¹

Decreet

Decreet Certification and absolvitur Lord Advocat Against Sinclair and others

Anent the lybell or Complaint raised before the Lords of his Majesties privy Councill at the instance of his majesties trustie and weell beloved Councillor Sir James Stueart his majesties Advocat as haveing speciall order for that effect makeing mentione that where by all lawes, both divine and humane The worship of God aught to be performed with all reverence, and all persones whatsomever are prohibited and discharged to interupt or disturb the said worship and the disorderlie interrupters and disturbers thereof aught to be severlie punished Lykeas by the act of parliament James 6th parliament 11th, Caput 27th, It is statut that whatsoever persone or persones shall happen hereafter to perturb the ordor of the kirk the tyme of Divine service wherethrough the people then conveened shall happen to be disturbed disordered or troubled, the same shall be a poynt of dittay and the persons convicted thereof shall tyne all their moveable goods as escheat to their Majesties for their offence Nevertheless it is of verity that upon the fyfth fyfteenth tuenty tuo or tuentie nynth dayes of July and on the fyfth twelth nynteen and tuenty sexth dayes of August last J^aj vj^c nynty and four years or one or other of the dayes of the said moneths John Sinclair, one of their majesties Bursers in the Colledge of Old Aberdeen Alexander Farquarsone sone in law to master William Black Regent in the said Colledge James Smyth, servant to the said Mr William Black John Sympsone Taylor in the said old toune James Irveing, sone to […] Irvein of Kincoussie and William Leitch Baxter in the said old toune but a Run-away and Deserter from their majesties fleitt shakeing of all fear of God and reguaird to his worship and their majesties Laws presumed most disordlie to interrupt the worship of God in the Kirk of the said toune of Old Aberdeen In so far as That after the minister preaching for the tyme and to whom the directione of the order of the worship according to the Custome of the church as now established by Law doth certainely pertaine, had ended the singing of the Psalme after sermone and was begun and actuallie saying the Blessing for a conclusione of the Divine service at that tyme The foresaid persones or ane or [other] of them did in the dayes above lybelled raise a noyse in the ² severall Corners of the Church, pritending to sing the Hymne commonly called the Doxologie, and which where it is in use is reverendly reguairded and never offered to be ³ interrupted by any good Christiane and thereby in the tyme of the ministers blessing of the people did disturb the Congregatione and that on purpose as is evident to vex and disturb the foresaid assemblie and ther presbeterian minister whom they purposed to vex for not useing of the said hymne Albeit they know perfectly That Presbeterians doe condemn it noe where so that the foresaid persones their disorderlie practise in this matter is not all challanged for the matter of this Hymne more then if they had in the same disorderly manner sung any approved psalme But meerlie for the disorderlie and factious manner wherein it was practised Tending visiblie to the disturbance of the worship of God and the vexing and contemning of all such Assemblies for worship as will not comply with their Humors. Lykeas the same persones in pursuance of this their factious and turbulant humour doe offer disturbances affront and indignities to the Eldership and their meetings lately established for the said kirk by hountings hallowings and throwing of stones and offering to rable them when the walk on the streets or are about to conveen for the executing of their office By all which it is evident That the foresaid persones or ane or other of them are guilty of perturbeing the foresaid meetings for divine worship and of ane most disorderlie insolence against the same or at least art and part thereof for which they aught to be punished in their persones and by the escheating of their goods to the example and terrour of others to committ the lyke in tyme comeing And anent the charge given to the haill forenamed persones above instanced upon To have compeared personallie before the said Lords at ane certaine day bygaine To have answered to the poynts of the above complaint and to have heared and seen such ordor and Course taken theranent as the said Lords should think fitt under the pain of rebellione etc as in the said lybell and Executiones thereof at lenth is contained Which being this day called in presence of the said Lords of ther Majesties privie Councill And the said Lord Advocat and Sir James Ogilvie their Majesties Solicitor Compearing personallie for their Majesties Interest and the within John Sympsone James Irvine and William Leitch three of the said Defenders being Lawfully cited called and not compearing and John Sinclair Alexander Farqharsone and James Smyth the other defenders Compearing personallie with Master Robert Forbes advocat for the haill defenders The lybell being read The said Lords Grants certificatione against the three absent defenders And Ordains letters of denounceatione to be direct against them, Ordaining Macers or Messingers at arms to pass to the mercat cross of […] and other places needfull and there in their majesties name and authoritie To duelie Lawfully and ordorly denounce the said John Sympsone James Irveine and William Leitch their majesties Rebells and put them to their Highness horne Escheat and inbring all their moveable goods and gear to their majesties use for their contempt and disobedience And assoilzies the other three defenders compearing from the poynts and articles of the lybell in sua far as is lybelled against them and Declares them free thereof and quytte therfrae In respect the said three defenders have presentlie in face of Councill signed ane acknowledgement of the offence charged upon them as to the disturbance made in the Church and that they shall not doe the lyke in tyme comeing unless to follow the minister and precentor in singing ordorlie and therupon they were dismissed. from the barr.