Edinburgh The Thretteinth of November J^aj vii^c and one

A1701/11/14

A1701/11/14¹

Act

Act Banishing Mungo Antony O Neil a preist

Anent the Letters or Complaint raised and pursued before the Lords of his Majesties privy Councill at the instance of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwryten Mentioning That wher by the Lawes and acts of parliament of this realme the Saying and hearing of Mass is a Cryme of the highest Nature Likeas all Jesuits Seminary preists and Trafecking papists are Commanded to void and remove furth of the kingdom under the paine of death Likeas by the thrid act of the last session of this Current parliament all Lawes Statutes and acts of parliament against popery and papists and specially against Jesuits Seminary and Mess preists and trafficking papists and their abode and recept within this realme are revived and ratified and for facilitating their Conviction It is farder Statute That if it shall be proven That the said preist or papist brought in question wes held and repute to be a preist or trafficking papist Or if it Shall be proven that he has Changed his name Or Surname; And with one or other of these alternatives Shall refuse to purge himself of popery in the forme and maner sett doun in the said act It shall be sufficient ground for the Lords of his Majesties privy Councill to Banish him furth of the realme with Certification that if ever he returne therto being still papist he shall be punished with the paine of death in maner at more length mentioned in the said act Nevertheless and notwithstanding wherof It is of verity That Anthonie O-Neill prisoner in the Tolbooth of the Cannogate Is a Jesuit or seminary or Mess preist Or Trafficking papist At least is held and repute to be Such or has Changed his name or Sirname and being taken and apprehended after along aboa’d in this Countrey against the Lawes therof and questioned upon the grounds above mentioned He refused and Still refusses to purge himself of papery in the forme and maner contained in the said act of parliament; Wherby it is manifest that he hath incurred the paines of the saids acts and at least that he Ought to be Banished by Sentance of the saids Lords of privy Councill under the Certification of death incace of Returne in maner abovementioned to the terror of others in time comeing And Anent the Charge given to the said defender To have Compeared personally before the saids Lords at ane certaine day bygone To have answered to the points of the above Complaint and to have heard and seen such order and course taken theranent as they should find Just As in the said Lybell or Letters And executions therof at more length is contained Which Lybell being upon the ² Eleventh day of November instant Called in presence of the saids Lords of his Majesties privy Councill And the said Sir James Stewart and Mr William Carmicheall one of his Majesties Solicitors Compearing as pursuers and the said defender Compearing also personally at the barr and the Lybell being Read and Considered The saids Lords Admitted the Same to probation and the witnesses cited being called Compeared and haveing made faith at the barr The Councill Nominated and Appointed the Earle of Northesk Lord provest of Edinburgh and Adam Drumond of Meggins to be a Committie for examineing the said witnesses; And Recommended to the said Committie to meet the morrow at ten in the forenoon Reserveing all objectiones which may be proponed against the said witnesses to be discust before the said Committie And Declaired any two of the said Committie to be a Suficient quorum And Accordingly the said Committie haveing meett and taken the depositiones of the said witnesses And the Lords of his Majesties privy Councill haveing this day Read Considered and advised the depositiones of the witnesses Led and adduved in the process at the instance of the Lord advocat against the above Antony O-Neill They Find it proven That Antony Mongo O-neill Is habit and repute ane preist and is in the termes of the thrid act Nynth Session of this Current parliament of haveing the formula offered to him under the certificationes therin expressed And the said Antony or Mungo ONeill being called to the barr and haveing heard the formula contained in the forsaid act of parliament Read to him he refused to take the Samen Therfore the saids Lords Have Banished and hereby Banishes the said Antony or Mungo O-Neill furth of this kingdome of Scotland; And Discharges him never to returne therto Under the paine of death, And Ordaines the said Antony or Mungo O-Neill to be caried back to prison againe therin to remaine untill the first Occasion of a Ship goeing for Holland or France; And Ordaines the Magistrats of Edinburgh to See the said Antony or Mongo O-Neill Shipped aboard the said Ship that shall first offer for Holland or France; And Ordaines the Skipper to give a recept of the said Antony Mongo – Oneill to the Magistrats oblidging himself to returne ane testificat of his Landing in Holland or France to which of them he shall goe.