Att Edinburgh the nynteinth day of Januarij Jaj vjc nyntie three years
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Decreet
Decreet There Majesties Sollicitor against ministers in Berwickshire
Anent the Lybell or Complaint raised and persued befor the Lords of there majesties privie Councill at the Instance of Sir William Lockhart there majesties sollicitor for there Highness interest in the matter underwritten Mentioneing That where albeit by the Law of God and the principles and constitutiones of everie well governed natione all persones are bound to give due obedience thereto And wish well and pray for Such as whom they owe Just obedience and true alleadgeance as there Soveraigne Especiallie such who have been the glorious Instruments of there delyverance from the thraldome of popery and the pernicious Inconvenience that accompany ane arbitrarie power And by the municipall Constitutiones of this Realme all the subjects thereof are engadged to pray for there Lawfull soveraigne And particularly by ane act of the meeting of the estates daitted the thretteinth day of Apryll Jaj vjc Eighty Nyne years All Ministers Who are in any eminent maner obleidged to discharge that duety are thereby expressly Commanded To read the proclamation of that dait and publictly to pray for there majesties King William and Queen Mary as King and Queen of this realme upon the dayes thereinmentioned under the pain of being depryved, Losseing of there benefices And by the same proclamtione all the Leedges are Certifyed That they presume not to oune or acknowledge the Late King James the seventh for there King or presume upon ther highest perrill by word, wreitting, in a sermone or any other maner of way to Impugne or dissoune there majesties as Kinge and Queen of Scotland And by the threttie fyfth act of the second sessione of there majesties current parliament all ministers depryved for not praying publictly for there majesties as King and Queen of this realme and for not reading the said proclamatione of the Estates are prohibited and discharged to preach or exercise any pairt of the Ministeriall functione aither in Church or meeting house upon any pretext whatsomever untill first they present themselves befor the Lords of there majesties privie Councill And there in there presence take Swear and subscryve the oath of alleadgeance and assureance to there Majesties as King and Queen of this realme and not to oune the Late King James as there King In any sort Conforme to the tenor of the said proclamation Certifyeing such ministers doeing the contrarie They shall be proceeded againest as persones disaffected and enemies to there majesties Government And shall be purged with all rigor And thereby ordained the said proclamatione and act of the meeting of the Estates to be put to farder executione againest all such ministers who have not as yet given obedience thereto By praying for there majesties In maner forsaid And ordained the saids Lords of privie Councill to proceed therein And by diverse and sundrie proclamationes of the saids Lords The particular dayes of Thanksgiveing and for fasting mentioned therein Nevertheless Mr James Lautie Minister at Chirnsyde Mr Adam Waddell minister at Witsome Mr Robert Bowman minister at the abbay of St Bathans Mr Alexander Douglas Late minister at Coldinghame Mr George Wilsone Late minister att Woolstruther and Mr Thomas Blair late minister at Lennell all within the Shirreffdome of Berwick Albeit some of them have been publictly depryved for not praying for there majesties In the termes of the act of parliament have publictly preached and exercised the ministeriall functione within there oune respective houses and paroches where the Same Lyes and else where without qualifyeing themselves according to Law By Swearing and signeing the oath of alleadgeance And engadgeing not to oune the Late King James And have not prayed for there majesties In such Circumstantiat termes as there hearers might have knowen that they prayed for there majesties King William and Queen Mary as King and Queen And have been so farr from evidenceing the sense they ought to have hade of there majesties preservatione and releiff of the grievous Circumstances the Nation then Lay under That when the proclamatione of the estates went to them At least came to there hands or of which They hade knowledge They were so farr from testifyeing there gratitude In giveing due obedience thereto That nether the day appointed nor at any tyme since syne did they read any of the saids proclamationes for thanksgiving or fast Albeit all these were delyvered to there hands But on the Contrarie In contempt of these proclamationes hes actually preached dayly since syne without praying for there majesties as King and Queen of this Realme Convocating severall paroches Stirring up and fomenting there dissaffectione to the government Encouradgeing our Enemyes and discourageing of our Loyall subjects sometymes not only praying for the Late King James And that God would restore him and make his croun to flourish upon his head But also at other tymes to pray In such ambiguous termes That there hearers could not understand That they prayed for there majesties off all which crymes The forsaids persones are guilty actors airt and pairt And ought and should be severely punished in there persones and goods to the terror of others to doe the Lyke in tyme comeing And Anent the Charge Given to the haill forenamed persones above Compleaned upon To have Compeared befor the saids Lords of privie Councill at ane certain day bygone To have ansuered to the grounds of the above wreitten complaint And to hav heard and seen such order and course taken thereanent as the saids Lords should find Just under the paine of rebellione and putting of them to the horne with Certification to them If they failzie They should be denunced rebells and put to the horne And there majesties other Letters Shoud be direct furth againest them for that effect As the said Lybell and executiones thereof bears. Which Being Called In presence of the saids Lords of there Majesties privie Councill upon the seventeenth day of Januarij Instant And Sir James Stewart there Majesties advocat compearing personally for there Highness Interest And the haill defenders (except the said Mr George Wilsone Late minister at Woolstruther) Compearing also personally The saids Lords Granted Certificatione againest the said Mr George Wilsone for his absence and not Compearance and ordained Letters to be direct to messengers at armes To pass to the mercat Croce of […] and other places needfull And there In there majesties names and authority Duely Lawfully and orderly denunce the said Mr George Wilsone there majesties rebell and put him to there Highness horne And ordaine all his moveable goods and gear to be escheitt and Inbrought to there majesties use for his contemptione and dissobedience And the rest of the defenders being examined upon the points of the Lybell Declared Conforme to there declarationes extant in process The saids Lords of privie Councill Superceeded the advyseing of this process of pronunceing any sentence therein untill there next Councill day The Saids Lords of there majesties privie Councill Haveing this day Considered the forsaid Lybell with the declarationes of the ministers defenders Compearing as said is They Find by the declaration of Mr Robert Bowmaker minister at St Bathans. That he hes prayed for there Majesties King William and Queen Mary by name And that he hes keept the fasts and thanksgiveings and therefore assoilzies him And Finds by the declaratione of Mr James Lautie late minister at Chirnsyde Mr Alexander Douglas late minister at Coldinghame and Mr Thomas Blair late minister at Lennell That they have preached since they were depryved But Finds that they have not prayed for there majesties King William and Queen Mary And therefore discharges them to preach or exercise any pairt of the ministeriall functione aither in churches meetinghouses or any other places whatsomever untill they qualifie themselves in the termes of the act of parliament with certificatione If they failzie In Giveing punctuall obedience hereto The pains and punishments contained in the acts of parliament shall be Inflicted againest them without favour or farder delay And the saids Lords declares That by the Incurring the Certificatione in the act of parliament (which is to be proceeded againest as persones dissaffected and enemyes to there Majesties Government) The Saids Ministers will be Lyable to fyneing Imprisonement or banishment And as to Mr Adam Waddell minister at Whistome Superceeds to give sentence againest him untill he gave in to the Councill In wreitting under his hand the termes In which he prayes for King and Queen whereby his hearers doe understand he means King William and Queen Mary And Lykewayes how Long he hes prayed in these termes And appoints Intimatione to be made to him to give in the said wreitting the next Councill day.
At Edinburgh, 19 January 1693
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Decreet
Decreet: Their majesties’ solicitor against ministers in Berwickshire
Concerning the libel or complaint raised and pursued before the lords of their majesties’ privy council at the instance of Sir William Lockhart, their majesties’ solicitor, for their highnesses’ interest in the matter underwritten, mentioning that where albeit by the law of God and the principles and constitutions of every well governed nation, all persons are bound to give due obedience thereto and wish well and pray for such as whom they owe just obedience and true allegiance as their sovereign, especially such who have been the glorious instruments of their deliverance from the thraldom of Catholicism and the pernicious inconveniences that accompany an arbitrary power, and by the municipal constitutions of this realm all the subjects thereof are engaged to pray for their lawful sovereign and particularly by an act of the meeting of the estates dated 13 April 1689, all ministers who are in any eminent manner obliged to discharge that duty are thereby expressly commanded to read the proclamation of that date and publicly pray for their majesties King William and Queen Mary as king and queen of this realm upon the days therein mentioned under the pain of being deprived, losing of their benefices, and by the same proclamation all the lieges are certified that they presume not to own or acknowledge the late King James VII as their king or presume upon their highest peril by word, writing, in a sermon or any other manner of way to impugn or disown their majesties as king and queen of Scotland, and by the thirty-fifth act of the second session of their majesties’ current parliament all ministers deprived for not praying publicly for their majesties as king and queen of this realm and for not reading the said proclamation of the estates are prohibited and discharged to preach or exercise any part of the ministerial function, either in church or meeting house upon any pretext whatsoever until they present themselves before the lords of their majesties’ privy council and there in their presence take, swear and subscribe the oath of allegiance and assurance to their majesties as king and queen of this realm and not to own the late King James as their king in any way, according to the tenor of the said proclamation, certifying that such ministers doing the contrary shall be proceeded against as persons disaffected and enemies to their majesties’ government, and shall be purged with all rigor And thereby ordained the said proclamation and act of the meeting of the estates to be put to further execution against all such ministers who have not as yet given obedience thereto by praying for their majesties in manner foresaid, and ordered the said lords of privy council to proceed therein and by diverse and sundry proclamations of the said lords, the particular days of thanksgiving and for fasting mentioned therein, nevertheless Mr James Lawtie, minister at Chirnside, Mr Adam Waddell, minister at Whitsome, Mr Robert Bowman minister of Abbey St Bathans, Mr Alexander Douglas, former minister of Coldingham, Mr George Wilson, former minister at Westruther and Mr Thomas Blair, former minister at Lennall, all within the sheriffdom of Berwick, albeit some of them have been publicly deprived for not praying for their majesties in the terms of the act of parliament have publicly preached and exercised the ministerial function within their own houses and parishes where the same lie and elsewhere without qualifying themselves according to law by swearing and signing the oath of allegiance and engaging not to own the late King James and have not prayed for their majesties in such specific terms as their hearers might have known that they prayed for their majesties King William and Queen Mary as king and queen and have been so far from evidencing the sense they ought to have had of their majesties’ preservation and relief of the grievous circumstances the nation then lay under that when the proclamation of the estates went to them, at least came to their hands or of which they had knowledge, they were so far from testifying their gratitude in giving due obedience thereto that neither the day appointed nor at any time since did they read any of the said proclamations for thanksgiving or fast, albeit all these were delivered to their hands, but on the contrary, in contempt of these proclamations they actually preached daily since then without praying for their majesties as king and queen of this realm, convocating several parishes, stirring up and fomenting their disaffection to the government, encouraging our enemies and discouraging of our loyal subjects, sometimes not only praying for the late King James and that God would restore him and make his crown flourish upon his head but also at other times to pray in such ambiguous terms that their hearers could not understand that they prayed for their majesties, of all which crimes the foresaid persons are guilty actors, art and part, and ought and should be severely punished in their persons and goods to the terror of others to do the same in future; and concerning the charge given to all the forenamed persons above complained upon to have appeared before the said lords of privy council at a certain day bygone to have answered to the grounds of the above written complaint and to have heard and seen such order and course taken as the said lords should find just under the pain of rebellion and putting of them to the horn, with certification to them if they fail they should be denounced rebels and put to the horn and their majesties’ other letters should be directed against them for that effect, as the said libel and executions thereof bear. Which being called in presence of the said lords of their majesties privy council on 17 January instant and Sir James Stewart their majesties’ advocate appearing personally for their highnesses’ interest and all the defenders (except the said Mr George Wilson, former minister at Westruther), appearing also personally, the said lords granted certification against the said Mr George Wilson for his absence and non-appearance and ordered letters to be directed to messengers at arms to pass to the mercat cross of […] and other necessary places and there in their majesties’ names and authority, duly, lawfully and orderly denounce the said Mr George Wilson as their majesties’ rebel and put him to their highnesses’ horn, and order all his moveable goods and gear to be escheat and brought in to their majesties’ use for his contempt and disobedience; and the rest of the defenders being examined upon the points of the libel, declared according to their declarations extant in process. The said lords of privy council superseded the advising of this process of pronouncing any sentence therein until their next council day, the said lords of their majesties’ privy council having this day considered the foresaid libel with the declarations of the defenders appearing as said is, they find by the declaration of Mr Robert Bowmaker, minister at Abbey St Bathans that he has prayed for their majesties King William and Queen Mary by name and that he has kept the fasts and thanksgivings and therefore absolves him, and finds by the declaration of Mr James Lawtie, former minister at Chirnside, Mr Alexander Douglas, former minister at Coldingham, and Mr Thomas Blair, former minister at Lennall that they have preached since they were deprived but they find that they have not prayed for their majesties King William and Queen Mary and therefore discharges them to preach or exercise any part of the ministerial function either in churches, meetinghouses or any other places whatsoever until they qualify themselves in the terms of the act of parliament, with certification that if they fail in giving punctual obedience hereto, the pains and punishments contained in the acts of parliament shall be inflicted against them without favour or further delay, and the said lords declare that by the incurring the certification in the act of parliament (which is to be proceeded against as persons disaffected and enemies to their majesties’ government), the said ministers will be liable to fines, imprisonment or banishment; and as to Mr Adam Waddell, minister at Whitsome, they supersede to give sentence against him until he gives in to the council in writing under his hand the terms in which he prays for the king and queen whereby his hearers understand he means King William and Queen Mary, and similarly how Long he has prayed in those terms, and they appoint intimation to be made to him to give in the said writing the next council day.
