Att Edinburgh the thretteenth day of Aprile J^aj vi^c nyntie seven

A1697/4/17

A1697/4/17¹

Decreet

Decreet of Certification His Majesties Advocat against Strictmartine and others

Anent the Lybell or Letters of Complaint purchased and raised before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highnes Intrest in the matter underwryten as also att the instance of Mr William Mitchell Minister at Dundie Moderator of the presbytrie of Dundie In name of the said presbytrie and of John Blair agent for the Kirk Mentioning That wher by the Laues and acts of parliament not only is presbyterian Church Government Settled and established as the only Government of Chrysts Church in this Kingdome But also all Ministers not deuly qualified by taking the oath of alleadgance and subscryving the same with the Assurance presuming to preach or exercise any part of the Ministeriall function are discharged and punishable by deprivatione banishment or otherwayes as their Caise should Deserve and the Lords of his Majesties privy Councill shall think fitt Lykeas by the sixteenth act of the Conventione of the estates of J^aj vi^c Eighte nyne years The whole Leidges are discharged to oune or acknouledge the Late King James and all Ministers of the Gospell uithin this Kingdome are ordained to pray publickly for his Majestie King William as King of this realme under the paine of deprivation And by the tuenty second Act parliament J^aj vi^c nyntie five It is statut That whoever therafter Should Intrude themselves into any church or possess manse or benefice or exercise any part of the Ministeriall function without ane orderly Call from the heretors and Eldership and Legall admission from the presbytry of the bounds shall be Incapable of Enjoying any church stipend or benefice for the space of seven years after their being removed And the execution of the said Act is remitted to the Judges ordinary to remove and declare all the forsaids Intruders ut supra And furder It is recommended to the Lords of his Majesties privie Councill to remove all such who had formerly Intruded since the establishment of the present Church Government uithout ane orderly Call and Legall admission as above And farder by the Laues of this and all other well Governed realms speciallie by the Act James the sixth parliament Eleventh Caput tuenty seven against the trublers of the kirke all raising of tumults rabling and ryotts by unuarrantable Convocatione and violence speciallie In opposition to Laufull orders aither of the Civill or ecclesiastick Government and upon the Lords day And In and about Kirks or Kirke yeard dykes to the disturbance of the people assembled for publick worship are Crymes of ane high Nature and ought to be severly punished As also all Ministers ought to keep and observe all dayes of solemn thanksgiving or fasting appointed by the government and who does in the Contrare ought to be punished And Lastly by the tuenty third Act of the parliament J^aj vi^c nyntie five It is statut that the saids Lords of privie Councill And all other Magistrats give all due assistance For making the sentences and Censures of the Church and Judicatories therof to be obeyed or otheruayes effectuall as accords And by the tuenty second Act of the parliament J^aj vi^c nyntie five It is recommended to the saids Lords of his Majesties privie Councill to take some effectuall Course for stopping and hindering these Ministers who are or shall be deposed by the Judicatories of this church from preaching or exercising any Act of their Ministeriall functione Nevertheless It is of veritie that the Ministers afternamed Viz Mr Robert Lindsay Mr John Davie Mr George Strauchen Mr Patrick Midletoun Mr […] Wilsone Mr […] Grub Mr John Matters and Mr […] Gordon are all Intruders Contrar to the saids acts of parliament Viz The said Mr Robert Lindsay hath Intruded upon the kirke and paroch of Strackathron Mr George Strauchan hath Intruded upon the kirke and paroch of St Vigeance Mr Patrick Midletoun upon the kirke and paroch of Fermie Mr […] Grub upon the kirke and paroch of Uthlae Mr John Matters upon the Kirke and paroch of Dundie by Keeping a meeting house at Dudhope and Mr […] Gordon upon the kirke and paroch of Montrose by keeping at meeting house at […] wher the haill forsaids persones doeth not only presume to exercise the Ministeriall functione uithout any orderly Call or legall admission But farder doe all of them presume to preach and exercise as said is uithout being qualified by taking the oath of alleadgance and Subscryving the same uith the assurance Conform to the Act of parliament Lykeas all and each of them have neglected broken and dispysed the dayes of publick thanksgivings and Fastings appointed to be keeped by publick authority nor doe they pray in their publick prayers for his Majestie King William as King of this realme The said Mr Patrick Midletoun having been formerly minister at Lesly from which he uas outted and depryved by sentence of his Majesties privie Councill for not praying for his Majestie King William Hath of Late not only Intruded and presumed to preach and exercise the function of the ministrie at the said kirke and paroch of Strictmartine But he uith the assistance of one Wintoune of Strictmartins and severall others disaffected persones afternamed Hath upon one or other of the dayes of the mouths of the years J^aj vi^c nyntie six and of this present year J^aj vi^c nyntie seven taken possession by disorder and violence of the said kirke of Strictmartine And by armed men such as […] Gullam his gairdner Peter Tham James Tham and James Smith and others of his tennents guarded the said Kirke by force In opposition to the Ministers sent by the presbytrie to preach ther as at a vacant Kirke And particularly upon the Lords day the Fourteenth of March last when Mr Alexandar Lauder Minister at Mordingtoune sent by the Generall Assemblie to supplie the vacancies of Angus and Mearns went by order of the said presbytrie of Dundie to preach at the said kirke of Strictmartins now of a Long tyme vacant by the death of the former Incumbent wher the said Mr Patrick Midletoun mett him at the kirke door and asked him for his warrand to whom Mr Alexander Ansuered that he had a subscribed Commission from the presbytrie which he was ready to show to any of the paroch but thought Mr Midletoun who uas only ane Intruder not Concerned in the paroch wherupon the said Mr Midletoun Cryed to all the people to follow him to the Laird of Strictmartins house to hear Sermon And forbid them to hear the said presbyterian Minister who was ane unknouen Shepherd And the said Mr Alexander Having preached in the fornoon uithout any disturbance about the midst of his adternoon sermone Ther Came a Great rable of people from Strictmartins house wher Mr Midletoun had presumed to preach as said is And who no doubt had been animat and Instigat by him And assaulted the kirke throuing in Great stones at the windoues and beatting att the Church doors and Ringing the bell And when they Could not Enter the door some of them Came in at a window and opened the door to the rest of the rable who Came in uith Great furie Cursing and Stricking uith Great staffes all that were in their way And offering the same violence to the Minister if not guairded by a few about him And particularly John Greive wright in Paldivane struck uith a squyre rule one James Smith servant to William Watt in that paroch and Gave him a dangerous uound in the head As also he beat one James Williamson brazier uith severall bloues on the hand wherby he is Lyke to be mutilat of one of his fingers and the said James Gullam gairdner uith the said John Greiv did Lykewayes beat the saids persons speciallie the said James Williamsone and one Thomas Fleeming merchant in Dundie Threatning many terable threatts and Curses Item Laurence Andersone in the said paroch uas Ring Leader to the said rable and did throw Stones at the Minister through the uindoues and Struck uith a batton Alexander Wyllie Servant to the Said William Watt and severall others Item John Andersone servant to Margaret Tham in Balddreggen was the first came in violently at the window of the kirke the tyme of sermone and opened the door to the rest and threw Great stones att the people Item Walter Coyper at the Bridgend of Strictmartine Came in also at the window and struck severall persons uith a battoun As also James Hill in Balnadoun and James Thomson ther and James Greive in Baldaven Androw Low in the kirktoun of Strictmartin James and George Thames sons to Patrick Tham ther James Andersone David Salmond and George Low in Baldregan all and each of them Did Invade the Kirke as said is By throuing of stones in at the window Cursing the people and beatting them with battons or doing one or other of the saids Deeds which ther ryott and violence is farder aggravatt in that neither the minister nor any of the people with him did move aither tongue or hand against them But suffered all with patience And farder after that the said rable had Committed the forsaid Disorder and violence upon the day and In manner forsaid Dryving the said Mr Lauder and his people out of the Kirk The said Mr Patrick Midletoun came over reproving them for their violence As also the said Mr Patrick Intruder hath possest himself of the Manse and Laboures the Gleib of the said Kirk without any orders As also upon the tuenty fourth day of January Last He baptized Irregularly a Chyld of John Greivs in Baldaven And upon the tuenty nynth of the samen moneth he Did marry Irregularly David Chalmers in Kirktoun of Strictmartines with […] and James Anderson in Strictmartin uith […] And is farder guiltie of other Irregular baptisms and Irregular and Clandestine marriages Lykeas Mr John Matters who presumes to Keep the Meeting house at Dundie and ther to preach as said is Infests that haill Countrey and Greatly disturbs the Ministers in Dundie And that notuithstanding his said meeting house has been ordered to be shutt up Item the said Mr Gordon presumes to Intrude and preach near Montrose as said is uithout ane orderly Call Legall admission albeit he be both suspended and deposed by the presbytrie of Aberdeen And is under a sentence of his Majesties privie Councill by a former Intrusion uithin the bounds therof wherby his Contempt and obstinacy is manifest by all which It is evident that the forsaids haill persons Viz Mr Robert Lindsay Mr John Davie Mr Goerge Strauchan Mr Patrick Midletoun Mr […] Wilson Mr […] Grub Mr John Matters and Mr […] Gordon Ministers […] Wintoun of Strictmartins […] Gullam Peter and James Thams James Smith John Greive Walter Couper James Hill James Thomson James Greiv Andrew Law James and George Thams James Anderson David Salmond and George Law all rablers are guiltie airt and pairt of the premysses which being verified against them They ought to be punished by the pains of Law as the Lords of his Majesties privie Councill shall see Cause And Farder the said Meeting house at Dundie ought to be shutt up and the Judge ordinary of the bounds Commanded to suppress the same And all other the Lyke meeting houses uithin that paroch To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids Defenders to Have Compeared this day personallie before the saids Lords of his Majesties privie Councill To have Ansuered to the Grounds of the above wryten Complaint And to have heard and seen such order and Course taken theranent as the saids Lords of his Majesties privie Councill should think fitt under the paine of rebellion and putting them to the horne with Certificationes as the in the said principall Lybell or Letters of Complaint uith the executiones therof att more Length is Contained Uhich Lybell Being this day Called in presence of the saids Lords of his Majesties privie Councill And his Majesties Advocat Compearing personallie as pursuar And the said Mr James Gordon John Anderson servitor to Margaret Tham in Baldregan tuo of the Defenders Compearing also personallie And all the rest of the defenders being Laufullie Cited oft tymes called and not Compearing The Lybell and petition by way of ansuer therto for the said Mr James Gordon being read And the said John Anderson Compearing as said is acknouledged In face of Councill That he uas present at the rable Lybelled And that he uent in at the window of the Kirk of Strictmartins and opened the kirk door And that the Lady Strictmartins bad him do soe And the said Mr James Gordon and his Majesties advocat being fullie heard And his Majesties Advocat Having declared that he past from Mr Patrick Midletoun Intruder at Strictmartine Mr John Matters at Dudop Intruder upon the paroch of Dundie and Mr Robert Lindsay Intruder at Meigle In respect that they had given him satisfaction And Craved that the dyet might be Continoued Against Mr George Strauchan Intruder at St Vigence Mr Alexander Wilsone Intruder at Femnie Mr John Grub Intruder at Othlaw and Mr John Davie Intruder at Strickathrow And Craved Certification against the said Thomas Wintoun of Strictmartine and the haill rablers of Strictmartine Except the said John Andersone Compearing as said is In respect of their absence and not Compearance The saids Lords of his Majesties privie Councill Having Considered the forsaid Lybell uith the declaration of his Majesties Advocat and the said John Anderson his acknouledgement They heirby Declare process to be Lett fall Against the said Mr Patrick Midletoun Mr John Matters and Mr Robert Lindsay And Continoues the same against Mr George Strauchan Mr Alexander Wilson Mr John Grub and Mr John Davie untill the […] day of […] And Grants Certification against the saids Thomas Wintoun of Strictmartin and the haill other persons rablers at Strictmartine mentioned in the Lybell except the said John Andersone In respect of their absence and not Compearance And ordaines Letters of denunciation to be direct to Macers or messengers at armes ordaining them to pass to the mercat Cross of […] and other places needfull And ther in his Majesties name and authority duely laufully and orderly denunce the said Thomas Wintoun of Strictmartin and haill other persons rablers mentioned in the Lybell his Majesties rebells And putt them to his highnes horne And ordaine all their Movable goods and Gear to be escheat and Inbrought for his Majesties use for their Contempt and disobedience And the saids Lords alloues the said John Anderson Compearing as said is to returne home In respect he hath Inacted himself in the books of his Majesties privie Councill That he shall Live peacably and orderly In all tyme coming under the Government both of Kirke and state of this Kingdome And that he shall Give no disturbance or disquiet to the same nor have any accession therto under the penaltie of fyve hundreth merks And Continoues the advysing of this process as to Mr James Gordon untill the nixt meeting of Councill.