Tag Archives: 14 November 1699

Warrant, 14 November 1699, Edinburgh

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Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/71

Warrant

Warrand Anent David Edie

The Lords of his Majesties privy Councill Doe hereby give order and warrant to ther Clerks to delyver up to David Aedie merchant in Aberdein a bond granted by him as principall and Mr George Skeen professor of philosophie in the old Colledge of Aberdeen as Cautioner for the said David Aedie his appearance before the Councill att the time contained in the bond and that he shall Live peaceably in Comon forme under the penalty of Two hundred pounds Sterling, Which bond is dated the Second and Seventh dayes of August Last by past Jaj vic Nyntie Nyne, For which this shall be to the saids Clerks and all others concerned a Sufficient warrant.

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/71

Warrant

Warrand Anent David Edie

The Lords of his Majesties privy Councill Doe hereby give order and warrant to ther Clerks to delyver up to David Aedie merchant in Aberdein a bond granted by him as principall and Mr George Skeen professor of philosophie in the old Colledge of Aberdeen as Cautioner for the said David Aedie his appearance before the Councill att the time contained in the bond and that he shall Live peaceably in Comon forme under the penalty of Two hundred pounds Sterling, Which bond is dated the Second and Seventh dayes of August Last by past Jaj vic Nyntie Nyne, For which this shall be to the saids Clerks and all others concerned a Sufficient warrant.

1. NRS, PC2/27, 253v.

1. NRS, PC2/27, 253v.

Act, 14 November 1699, Edinburgh

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D1699/11/61

Act

Act for Liberating of Mr Robert Whyt

Anent the petition given in to the Lords of his majesties privy Councill be Mr Robert White of Bannochie Shewing That wher the petitioner was Imprisoned in the Tolbooth of Edinburgh by a warrand from the saids Lords for some Rash and undecent expressions cited by the petitioner in a paper read before the saids Lords The petitioner does with all profound Submission acquiesce in the punishment inflicted, and most humbly acknowledge the saids Lords Lenitie therin and the petitioner does Sinceirly profess the petitioners deep sense of the guilt, In that the petitioner hade done any thing which might in the Least have provocked the saids Lords to displeasure For which the petitioner begs the saids Lords pardon, And doe most Sinceirly Declair the petitioners uttur abhorence and detestation at any thing that might give offence to any of the saids Lords and particularly my Lord Rankeillor, And the petitioner Shall bend his Outtmost endeavours to testifie his Sinceir repentance by his future practice And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Whyte They hereby Give order and warrant to the Magistrats of Edinburgh and keepers of their Tolbooth upon Sight hereof to sett the said petition at Liberty furth therof which this shall be to all concerned ane Sufficient warrant.

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne

D1699/11/61

Act

Act for Liberating of Mr Robert Whyt

Anent the petition given in to the Lords of his majesties privy Councill be Mr Robert White of Bannochie Shewing That wher the petitioner was Imprisoned in the Tolbooth of Edinburgh by a warrand from the saids Lords for some Rash and undecent expressions cited by the petitioner in a paper read before the saids Lords The petitioner does with all profound Submission acquiesce in the punishment inflicted, and most humbly acknowledge the saids Lords Lenitie therin and the petitioner does Sinceirly profess the petitioners deep sense of the guilt, In that the petitioner hade done any thing which might in the Least have provocked the saids Lords to displeasure For which the petitioner begs the saids Lords pardon, And doe most Sinceirly Declair the petitioners uttur abhorence and detestation at any thing that might give offence to any of the saids Lords and particularly my Lord Rankeillor, And the petitioner Shall bend his Outtmost endeavours to testifie his Sinceir repentance by his future practice And Therfore Humbly Supplicating the saids Lords to the effect aftermentioned as the petitione bears The Lords of his Majesties privy Councill haveing Considered this petition given in to them be the above Mr Robert Whyte They hereby Give order and warrant to the Magistrats of Edinburgh and keepers of their Tolbooth upon Sight hereof to sett the said petition at Liberty furth therof which this shall be to all concerned ane Sufficient warrant.

1. NRS, PC2/27, 253r-253v.

1. NRS, PC2/27, 253r-253v.

Sederunt, 14 November 1699, Edinburgh

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Att Edinburgh the fourtein day of November Jaj vic nyntie nyne1

D1699/11/52

Sederunt

Lord Chancelor; Earl of Melvill: P:C:; Earl of Crafurd; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankellor; Mr Fra: Montgomry; Lord Provest of Edinburgh

Att Edinburgh the fourtein day of November Jaj vic nyntie nyne1

D1699/11/52

Sederunt

Lord Chancelor; Earl of Melvill: P:C:; Earl of Crafurd; Earl of Lothian; Earl of Lowdone; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocat; Lord Thesaurer Deput; Lord Justice Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crossrig; Lord Rankellor; Mr Fra: Montgomry; Lord Provest of Edinburgh

1. NRS, PC2/27, 253r.

2. NRS, PC2/27, 253r.

1. NRS, PC2/27, 253r.

2. NRS, PC2/27, 253r.

Decreet, 14 November 1699, Edinburgh

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Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years

A1699/11/131

Decreet

Decreit The Lord Advocate Against Mr James Campbell

Anent The Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill at the Instance of Mr Hugh McHendry minister at the Kirk of […] and Mr James Lesly minister and moderator of the presbetry of the2 Bounds with concurse of Sir James Stewart His Majesties Advocat for his highness Interest in the matter underwritten mentioning3 That where by the Laws and acts of Parliament of this and all other well governed Realmes all violence and Riots are discharged Specialy when committed upon the Lords day, In opposition to a minister Sent Laufullie to preach the Gospell which is also a Breach of the Sabbath, and the said crimes Especialy when aggravated by other heinous Circumstances ought to be Severly punished. Nevertheless It is of verity That the persones aftermentioned are guilty of the saids crymes, In so far as The Kirk of Monimuze in the Shire of Angus having been vacant for a long time by the death of Mr David Campbell late Incumbent there, The united presbetries of Brichen and Aberbrothock, Thought it their Duty to Send ane of their number, To preach in that vaceancy and accordingly did appoint The Said Mr Hugh McHendry, To Repair to the said kirk and To preach their For Two Sabbaths being the nynth and Sixteenth days of July last But the Said Mr McHendry comeing there The First Sabbath gott the Keys of the Kirk from the Beddall upon demand and preached their and according to his order declared the Kirk vacant without any opposition, yett coming ther the Second Sabbath He was violently Repulsed from the Kirk door by severall women Viz Elspeth Hay in the Tullo, Issobell Mcinhar there, Agnes Findlay in Beyordie, Jannet Kinneir Spouse to James Berice in the mains of Belnamoon and Agnes Mitchell in Blackhall haveing Clubbs in their hands, Did vow and Swear to the said Mr McHendry, That he Should have no access to the kirk that day, And when he again Essayed To Enter, They Repulsed him in the Same manner, wherupon perceaveing That they hade The Countenance and assistance of Severall other persones both in the kirk-yeard and Manse, He Retired from the Kirk and preached in the Kirk-yeard, But no Sooner was the publick worship begun Then the forsaid women made the most Irreligious profane and wicked Interruption that hath been heard off, By railing mocking and uttering Such obscene and blasphemous Language as cannot be repeated without horror, For amongst other Expressiones, when The minister Said let us Sing to the praise of God, They Cryed out Sing green Sleeves, And when in his Sermon he mentioned the name of God, They cryed out where is your God, He is walking in the valleys of Ogill, And one of them said I Think he is Sleeping and it may be he is dead. And Farder in the tyme of publick worship, one David Livingstone, Son to Patrick Livingston in Brichen, and Sister Son To Mr James Campbell who after his Fathers Death Intruded himself in the said Kirk, Stood att the gate of the manse and played upon a Flagellat apeing and Ridiculing the minister, Likeas about the Close of the sermon the forsaid women and others made a great Tumult, and uproar by assaulting both men and women, That came to hear Sermon and laying violent hands upon them, Rent their Cloaths and Threw them to the Ground, wherby they were Sore beaten, and bruised and particularly they beat John Donaldson Indweller in Brichen ane aged man, In a most Cruell manner to the Effusion of his Blood, And when some by-standers hade Rescued him, he was again pursued by James Fair-Weather and his Brother Robert servants to the Laird of Belnamoon and James Gibb in Lochlie, who Severly beat him and violently took from him the keys of the kirk with his bonnett off his head and So Eager and Spitefull was their Malice that when they said Mr McHendry the minister and others were going away, one of the said Women threw a great Stone att him, and Then the forsaid Rablers began to ring the Bell for to Conveen the people again, where The forsaid Mr James Campbell, The Intruding preacher, preach to them in the Manse; Likeas The said Mr James Campbell Threatned James Bellie For delivering up the Keys of the said kirk, to the said Mr McHendry and vowed to be ane Enemy to him For Seven years to come, By all which It is Evident, That the forsaid women abovementioned with the said David Livingston, James and Robert Fair-weathers, James Gibb, and Mr James Campbell with their Complices all or one or other of them are guilty airt and pairt of the saids disorders and Crymes, which being proven against them, They ought to be punished in their persones and goods by Sentence of the Lords of his Majesties privy Councill To the Example and terror of others To Committ the like in tyme Comeing. And Anent the charge given to the Saids Lords of his Majesties privy Councill at ane certan day bygone, To have answered to the Grounds of the within 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 and putting of them to the horn with Certification etc as in the said Lyble with the Executiones therof att more length is contained. Which Lyble Being this day called in presence of the Saids Lords of his Majesties privy Councill, And The Saids persuers being oftimes called and not Compearing And Sir James Stewart his Majestys Advocate and Sir Patrick Home His Majesties Solicitor, Compearing as Advocates for both the pursuers And Mr James Campbell one of the Defenders Compearing personally, And the haill other defenders being laufully cited oftimes called and not Compearing, The Lyble and answers therto for the said Mr James Campbell, Compearing as said is being Read, and the Saids Lords, Having Considered the Lyble and Answers therto, They heirby Decerne and ordain the said Mr James Campbell, Instantly to Flitt and Remove himself furth and frae the Kirk and Manse of Manimoore, And discharges him to preach in tyme coming att the said Kirk within the said paroch, And grants Certification against the haill other Defenders, In Respect of their absence and not Compearance And ordaines Letters of Denunciation to be direct, To macers or Messengers att armes to pass To the mercat Cross of […] and other places needfull, And Thereat In his majesties name and authority duely Laufully and orderly denunce the haill within named defenders. (4Except the said Mr James Campbell, His Majesties Rebells, and to ordain their moveable Goods and Gear to be Escheat and Inbrought To his Majesties use for their Contempt and disobedience
Nota.
This is forgott att the Right place where it ought to have been booked, which is the 14 day of November 16995 but, is booked here per licet.

Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years

A1699/11/131

Decreet

Decreit The Lord Advocate Against Mr James Campbell

Anent The Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill at the Instance of Mr Hugh McHendry minister at the Kirk of […] and Mr James Lesly minister and moderator of the presbetry of the2 Bounds with concurse of Sir James Stewart His Majesties Advocat for his highness Interest in the matter underwritten mentioning3 That where by the Laws and acts of Parliament of this and all other well governed Realmes all violence and Riots are discharged Specialy when committed upon the Lords day, In opposition to a minister Sent Laufullie to preach the Gospell which is also a Breach of the Sabbath, and the said crimes Especialy when aggravated by other heinous Circumstances ought to be Severly punished. Nevertheless It is of verity That the persones aftermentioned are guilty of the saids crymes, In so far as The Kirk of Monimuze in the Shire of Angus having been vacant for a long time by the death of Mr David Campbell late Incumbent there, The united presbetries of Brichen and Aberbrothock, Thought it their Duty to Send ane of their number, To preach in that vaceancy and accordingly did appoint The Said Mr Hugh McHendry, To Repair to the said kirk and To preach their For Two Sabbaths being the nynth and Sixteenth days of July last But the Said Mr McHendry comeing there The First Sabbath gott the Keys of the Kirk from the Beddall upon demand and preached their and according to his order declared the Kirk vacant without any opposition, yett coming ther the Second Sabbath He was violently Repulsed from the Kirk door by severall women Viz Elspeth Hay in the Tullo, Issobell Mcinhar there, Agnes Findlay in Beyordie, Jannet Kinneir Spouse to James Berice in the mains of Belnamoon and Agnes Mitchell in Blackhall haveing Clubbs in their hands, Did vow and Swear to the said Mr McHendry, That he Should have no access to the kirk that day, And when he again Essayed To Enter, They Repulsed him in the Same manner, wherupon perceaveing That they hade The Countenance and assistance of Severall other persones both in the kirk-yeard and Manse, He Retired from the Kirk and preached in the Kirk-yeard, But no Sooner was the publick worship begun Then the forsaid women made the most Irreligious profane and wicked Interruption that hath been heard off, By railing mocking and uttering Such obscene and blasphemous Language as cannot be repeated without horror, For amongst other Expressiones, when The minister Said let us Sing to the praise of God, They Cryed out Sing green Sleeves, And when in his Sermon he mentioned the name of God, They cryed out where is your God, He is walking in the valleys of Ogill, And one of them said I Think he is Sleeping and it may be he is dead. And Farder in the tyme of publick worship, one David Livingstone, Son to Patrick Livingston in Brichen, and Sister Son To Mr James Campbell who after his Fathers Death Intruded himself in the said Kirk, Stood att the gate of the manse and played upon a Flagellat apeing and Ridiculing the minister, Likeas about the Close of the sermon the forsaid women and others made a great Tumult, and uproar by assaulting both men and women, That came to hear Sermon and laying violent hands upon them, Rent their Cloaths and Threw them to the Ground, wherby they were Sore beaten, and bruised and particularly they beat John Donaldson Indweller in Brichen ane aged man, In a most Cruell manner to the Effusion of his Blood, And when some by-standers hade Rescued him, he was again pursued by James Fair-Weather and his Brother Robert servants to the Laird of Belnamoon and James Gibb in Lochlie, who Severly beat him and violently took from him the keys of the kirk with his bonnett off his head and So Eager and Spitefull was their Malice that when they said Mr McHendry the minister and others were going away, one of the said Women threw a great Stone att him, and Then the forsaid Rablers began to ring the Bell for to Conveen the people again, where The forsaid Mr James Campbell, The Intruding preacher, preach to them in the Manse; Likeas The said Mr James Campbell Threatned James Bellie For delivering up the Keys of the said kirk, to the said Mr McHendry and vowed to be ane Enemy to him For Seven years to come, By all which It is Evident, That the forsaid women abovementioned with the said David Livingston, James and Robert Fair-weathers, James Gibb, and Mr James Campbell with their Complices all or one or other of them are guilty airt and pairt of the saids disorders and Crymes, which being proven against them, They ought to be punished in their persones and goods by Sentence of the Lords of his Majesties privy Councill To the Example and terror of others To Committ the like in tyme Comeing. And Anent the charge given to the Saids Lords of his Majesties privy Councill at ane certan day bygone, To have answered to the Grounds of the within 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 and putting of them to the horn with Certification etc as in the said Lyble with the Executiones therof att more length is contained. Which Lyble Being this day called in presence of the Saids Lords of his Majesties privy Councill, And The Saids persuers being oftimes called and not Compearing And Sir James Stewart his Majestys Advocate and Sir Patrick Home His Majesties Solicitor, Compearing as Advocates for both the pursuers And Mr James Campbell one of the Defenders Compearing personally, And the haill other defenders being laufully cited oftimes called and not Compearing, The Lyble and answers therto for the said Mr James Campbell, Compearing as said is being Read, and the Saids Lords, Having Considered the Lyble and Answers therto, They heirby Decerne and ordain the said Mr James Campbell, Instantly to Flitt and Remove himself furth and frae the Kirk and Manse of Manimoore, And discharges him to preach in tyme coming att the said Kirk within the said paroch, And grants Certification against the haill other Defenders, In Respect of their absence and not Compearance And ordaines Letters of Denunciation to be direct, To macers or Messengers att armes to pass To the mercat Cross of […] and other places needfull, And Thereat In his majesties name and authority duely Laufully and orderly denunce the haill within named defenders. (4Except the said Mr James Campbell, His Majesties Rebells, and to ordain their moveable Goods and Gear to be Escheat and Inbrought To his Majesties use for their Contempt and disobedience
Nota.
This is forgott att the Right place where it ought to have been booked, which is the 14 day of November 16995 but, is booked here per licet.

1. NRS, PC1/52, 51-3. Orginally booked at the end of December but here inserted in the correct date.

2. The phrase ‘presbetry of the’ is an insertion.

3. Insertion.

4. Closing bracket missing.

5. The phrase ‘which is the 14 day of november 1699′ is an insertion.

1. NRS, PC1/52, 51-3. Orginally booked at the end of December but here inserted in the correct date.

2. The phrase ‘presbetry of the’ is an insertion.

3. Insertion.

4. Closing bracket missing.

5. The phrase ‘which is the 14 day of november 1699′ is an insertion.

Warrant, 14 November 1699, Edinburgh

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Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years

A1699/11/121

Warrant

Warrand To the commander in cheiff To Remove the detachments From one place to another

The Lords of his majesties privy Councill, Doe heirby give order and warrant To the Commander in cheiff of his majesties forces within this Kingdom For the tyme to cause Remove The detachment within this Kingdom For the tyme to cause Remove The detachments of his Majesties Forces from the places Following to the places afternamed Viz: The Detachment of Twenty men from Curgairff where they are now quartered To Kildrimmy and the Moor of Reny The detatchment of Twenty men From the Kirktoune of Castletoune of Brae marr, To Kincardin of Neill and Tarland, The detatchment of Twenty men From Blair Findie, To Strath Boggie and the detatchment of Twenty men from Innervonochill to the Kirktoun of Killine and Kirktoun of Strathfilline, And ordains the Commanding officer of the saids detatchments to take care that they be quartered att the places above appointed as in the Former warrants, And ordaines the detatchments that are quartered at Kilmahug Drummond in Lennox and Kinnichalachar in Ranoch to continue as they are appointed by the former warrants of Councill.2

Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years

A1699/11/121

Warrant

Warrand To the commander in cheiff To Remove the detachments From one place to another

The Lords of his majesties privy Councill, Doe heirby give order and warrant To the Commander in cheiff of his majesties forces within this Kingdom For the tyme to cause Remove The detachment within this Kingdom For the tyme to cause Remove The detachments of his Majesties Forces from the places Following to the places afternamed Viz: The Detachment of Twenty men from Curgairff where they are now quartered To Kildrimmy and the Moor of Reny The detatchment of Twenty men From the Kirktoune of Castletoune of Brae marr, To Kincardin of Neill and Tarland, The detatchment of Twenty men From Blair Findie, To Strath Boggie and the detatchment of Twenty men from Innervonochill to the Kirktoun of Killine and Kirktoun of Strathfilline, And ordains the Commanding officer of the saids detatchments to take care that they be quartered att the places above appointed as in the Former warrants, And ordaines the detatchments that are quartered at Kilmahug Drummond in Lennox and Kinnichalachar in Ranoch to continue as they are appointed by the former warrants of Councill.2

1. NRS, PC1/52, 38.

2. A marginal note appears at the end of this entry: ‘The words ‘Decreet Lord Advocate against Mr James Campbell forgott here, but booked in the last of December 1699′. Order corrected.

1. NRS, PC1/52, 38.

2. A marginal note appears at the end of this entry: ‘The words ‘Decreet Lord Advocate against Mr James Campbell forgott here, but booked in the last of December 1699′. Order corrected.

Decreet, 14 November 1699, Edinburgh

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Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years

A1699/11/111

Decreet

Decreet His Majesties Advocate against Baillie Edie

Anent the Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocate For his highness Interest in the matter underwrittin. Making Mention That where by the Laws of God and man, Apostacy from the True Religion is a most heinous Crime, Likeas by the act of Parliament, James Sixth, Chapter i6th, It is Statute That persones going out off the Kingdom, Doe nothing against the True Religion under the pain of Barratrie and that within Twenty days after, their Return, They make Confession of their Faith as it is now Established or otherways devoyde the Kingdom within Fourty days thereafter or be pursued as adversaries to the Religion, And by the Act James the Sixth, Parliament Seventh, Chapter Ane Hundered and Fifth, It is Statute That no Subjects adversaries off or apostates from the True Religion Return to Remain within this Realm unless they obey the Law anent giveing their Confession of Faith under the pains therin mentioned, Likeas by severall other acts of Parliament, Trafficqueing papists are discharged and punishable under the pains theirin Contained as also by all Laws It is Statute, That all persones bear due Respect To magistrats in office, and That none behave Contemptiously and Insolently towards them under all highest pains Nevertheless It is of verity That David Edie Late Baillie of Aberdeen Shaking off all fear of God and Regaird to his Majesties authority and Laws hath most wickedly made apostacy and Forsaken the True Religion professed In this Realm, wherin he was born bred and Educat and wherof he made profession For many years and hath Turned ane Idolatrous Papist, Likeas Having gone abroad within these Three or Four years bygone to Flanders and other papish Countreys, he their avoued his said apostacy And Farder being Returned into this Kingdom within these four or Five moneths Continues In and Boasts off his said apostacy and Farder Turned a Trafficking papist, by writing and Sending off Severall Letters avouing his apostacy, As also Continues to Traffick for the mantaining and propogateing of the said papish Religion and Refuses to make Confession of the true Faith and Religion, Likeas being Seased and Brought before the magistrats of Aberdeen in the months of June or July last, after his said Returne For his forsaid apostacy and Traficking, He behaved most Contemptiously and Insolently towards them, Saying they acted Hoggan Moggan like but he Expected better tymes, Therupon Reflecting also upon his Majesties Government att the present tyme By all which he is guilty airt and pairt of apostacy From the True Religion, trafficking For the False papish Religion, and Reproaching the forsaids magistrats and his Majesties Government, which crimes or any one of them being proven he ought to be punished by the Lords of privy Councill with pains of Law with all rigour, To the Example and terror of others To Committ the like in tyme coming. And Anent the Charge given to the said Defender To have Compeared at ane certan day now bygone, To have answered to the grounds of the above Complaint and To have heard and seen such order and course taken thereanent as the saids Lords Should think Fitt under the pain of Rebellion and putting of him to the Horn with Certification etc as the said principall Lyble with the Executiones thereof at more length proports. Which lyble Being called upon the nynth of November Instant in presence of the saids Lords of his majesties privy Councill And The said Lord Advocate and Sir Patrick Home his Majesties Solicitor Compearing as persuers, and the said Baillie Edie Compearing also personally, who being Fully heard For himself at the Barr, and having acknowledged his apostacy Lybelled and That he wrote a Letter as he calls it off the reasons thereof to Skeen of Fintray, And Having seen the Letter which is written by way of Book, He acknowledged the same to be all written and Subscribed with his own hand, And the witnesses being all Lafully cited oftimes called and not Compearing. The saids Lords Having Considered both the Lyble and the defenders acknowledgement with severall parts of the Letter, Read in their presence, They Committed the said Baillie Aedie To the Tolbooth of Edinburgh, therein to Remain prisoner during the Councills pleasure. And Thereafter being this day called in the saids Lords of his majesties privy Councill their presence and they having called For Baillie Edie in Aberdeen and haveing brought him from prison To the Councill Barr, They heirby Find the Lyble proven against him as to the Changing of his Religion from Protestant to papist and his writing Letters For Seduceing others, and That by his own Confession and the Letter Read in presence of the saids Lords att there Former Sederunt and then owned by him to be written and Subscrived by himself, And Therfore the saids Lords Have Banished and heirby Banishes the said David Edie laite Baillie att Aberdeen Furth of this Kingdom off Scotland, And ordaines him to depairt furth of the Same within Fourty next after the date heirof, and discharges him to Return within the same without his Majestie or the Councills warrant for that Effect, and gives order and warrand To the magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the said David Edie at liberty Furth thereof in order to his Banishment, The said Baillie Edie First before his liberation Inacting him self in the Books of his majesties privy Councill, That he shall Transport himself Furth of this Kingdom within Fourty days next after the date heirof and not Return without his Majestie or the Councills warrand under the penalty of ane Thousand merks.

Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years

A1699/11/111

Decreet

Decreet His Majesties Advocate against Baillie Edie

Anent the Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill att the Instance of Sir James Stewart his Majesties Advocate For his highness Interest in the matter underwrittin. Making Mention That where by the Laws of God and man, Apostacy from the True Religion is a most heinous Crime, Likeas by the act of Parliament, James Sixth, Chapter i6th, It is Statute That persones going out off the Kingdom, Doe nothing against the True Religion under the pain of Barratrie and that within Twenty days after, their Return, They make Confession of their Faith as it is now Established or otherways devoyde the Kingdom within Fourty days thereafter or be pursued as adversaries to the Religion, And by the Act James the Sixth, Parliament Seventh, Chapter Ane Hundered and Fifth, It is Statute That no Subjects adversaries off or apostates from the True Religion Return to Remain within this Realm unless they obey the Law anent giveing their Confession of Faith under the pains therin mentioned, Likeas by severall other acts of Parliament, Trafficqueing papists are discharged and punishable under the pains theirin Contained as also by all Laws It is Statute, That all persones bear due Respect To magistrats in office, and That none behave Contemptiously and Insolently towards them under all highest pains Nevertheless It is of verity That David Edie Late Baillie of Aberdeen Shaking off all fear of God and Regaird to his Majesties authority and Laws hath most wickedly made apostacy and Forsaken the True Religion professed In this Realm, wherin he was born bred and Educat and wherof he made profession For many years and hath Turned ane Idolatrous Papist, Likeas Having gone abroad within these Three or Four years bygone to Flanders and other papish Countreys, he their avoued his said apostacy And Farder being Returned into this Kingdom within these four or Five moneths Continues In and Boasts off his said apostacy and Farder Turned a Trafficking papist, by writing and Sending off Severall Letters avouing his apostacy, As also Continues to Traffick for the mantaining and propogateing of the said papish Religion and Refuses to make Confession of the true Faith and Religion, Likeas being Seased and Brought before the magistrats of Aberdeen in the months of June or July last, after his said Returne For his forsaid apostacy and Traficking, He behaved most Contemptiously and Insolently towards them, Saying they acted Hoggan Moggan like but he Expected better tymes, Therupon Reflecting also upon his Majesties Government att the present tyme By all which he is guilty airt and pairt of apostacy From the True Religion, trafficking For the False papish Religion, and Reproaching the forsaids magistrats and his Majesties Government, which crimes or any one of them being proven he ought to be punished by the Lords of privy Councill with pains of Law with all rigour, To the Example and terror of others To Committ the like in tyme coming. And Anent the Charge given to the said Defender To have Compeared at ane certan day now bygone, To have answered to the grounds of the above Complaint and To have heard and seen such order and course taken thereanent as the saids Lords Should think Fitt under the pain of Rebellion and putting of him to the Horn with Certification etc as the said principall Lyble with the Executiones thereof at more length proports. Which lyble Being called upon the nynth of November Instant in presence of the saids Lords of his majesties privy Councill And The said Lord Advocate and Sir Patrick Home his Majesties Solicitor Compearing as persuers, and the said Baillie Edie Compearing also personally, who being Fully heard For himself at the Barr, and having acknowledged his apostacy Lybelled and That he wrote a Letter as he calls it off the reasons thereof to Skeen of Fintray, And Having seen the Letter which is written by way of Book, He acknowledged the same to be all written and Subscribed with his own hand, And the witnesses being all Lafully cited oftimes called and not Compearing. The saids Lords Having Considered both the Lyble and the defenders acknowledgement with severall parts of the Letter, Read in their presence, They Committed the said Baillie Aedie To the Tolbooth of Edinburgh, therein to Remain prisoner during the Councills pleasure. And Thereafter being this day called in the saids Lords of his majesties privy Councill their presence and they having called For Baillie Edie in Aberdeen and haveing brought him from prison To the Councill Barr, They heirby Find the Lyble proven against him as to the Changing of his Religion from Protestant to papist and his writing Letters For Seduceing others, and That by his own Confession and the Letter Read in presence of the saids Lords att there Former Sederunt and then owned by him to be written and Subscrived by himself, And Therfore the saids Lords Have Banished and heirby Banishes the said David Edie laite Baillie att Aberdeen Furth of this Kingdom off Scotland, And ordaines him to depairt furth of the Same within Fourty next after the date heirof, and discharges him to Return within the same without his Majestie or the Councills warrant for that Effect, and gives order and warrand To the magistrats of Edinburgh and Keeper of their Tolbooth, To Sett the said David Edie at liberty Furth thereof in order to his Banishment, The said Baillie Edie First before his liberation Inacting him self in the Books of his majesties privy Councill, That he shall Transport himself Furth of this Kingdom within Fourty days next after the date heirof and not Return without his Majestie or the Councills warrand under the penalty of ane Thousand merks.

1. NRS, PC1/52, 36-8.

1. NRS, PC1/52, 36-8.

Sederunt, 14 November 1699, Edinburgh

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Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years1

A1699/11/102

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocate; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Mr Fra: Montgomry; Lord Provost of Edinburgh

Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years1

A1699/11/102

Sederunt

Lord Chancellor; Earl of Melvill P.C.; Earl of Crafurd; Earl of Lothian; Earl of Loudoun; Earl of Leven; Earl of Annandale; Earl of Forfar; Lord Forbes; Lord Ruthven; Lord Advocate; Lord Thesaurer Deput; Lord Justice-Clerk; Lord Aberuchill; Lord Philiphaugh; Lord Halcraig; Lord Crosrigg; Lord Rankillor; Mr Fra: Montgomry; Lord Provost of Edinburgh

1. NRS, PC1/52, 36.

2. NRS, PC1/52, 36.

1. NRS, PC1/52, 36.

2. NRS, PC1/52, 36.