Warrant, 5 April 1698, Edinburgh

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs

D1698/4/21

Warrant

Warrand to give up Phinhavens bond

Sir Gilbert Eliot clerk of privie Counsell haveing represented that maister James Carnegie of Phineven by order of the Lords of his majesties privie Counsell of the threttie of December Jaj vic nyntie seven had given bond by him as principall and John Scott of Logie as Cawtioner that he should attend all the dyets of Councill and Countie in the process then depending at The Lord Advocats instance against him The Laird of Kinnffauns and Mr James Grub minister at Oathlaw and that he should fullfill the sentance of Councell to be pronunced therin daited the first day of Janwary Jaj vic and nyntie eight And that the said proces never being insisted in The saids Lords of his majesties privie Counsell have by ther act of the third of March Last bypast ordained Finneven to grant bond and find Cautione in both processes Depending at Kinnfauns instance against him befor the Counsell which he hes found Dated the twentie one day of March Last And Since this Last bond comes in place of the first bond tho it be not in the Same process Phineven craves that he may have up the said first bond Which being considered by the saids Lords they heirby awthorize and give warrand to ther clerks of Counsell to give up the said first bond to Phineven dated the first of Janwary Jaj vic nyntie eight yeirs For which this shall be to all concerned a sufficient warrand

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs

D1698/4/21

Warrant

Warrand to give up Phinhavens bond

Sir Gilbert Eliot clerk of privie Counsell haveing represented that maister James Carnegie of Phineven by order of the Lords of his majesties privie Counsell of the threttie of December Jaj vic nyntie seven had given bond by him as principall and John Scott of Logie as Cawtioner that he should attend all the dyets of Councill and Countie in the process then depending at The Lord Advocats instance against him The Laird of Kinnffauns and Mr James Grub minister at Oathlaw and that he should fullfill the sentance of Councell to be pronunced therin daited the first day of Janwary Jaj vic and nyntie eight And that the said proces never being insisted in The saids Lords of his majesties privie Counsell have by ther act of the third of March Last bypast ordained Finneven to grant bond and find Cautione in both processes Depending at Kinnfauns instance against him befor the Counsell which he hes found Dated the twentie one day of March Last And Since this Last bond comes in place of the first bond tho it be not in the Same process Phineven craves that he may have up the said first bond Which being considered by the saids Lords they heirby awthorize and give warrand to ther clerks of Counsell to give up the said first bond to Phineven dated the first of Janwary Jaj vic nyntie eight yeirs For which this shall be to all concerned a sufficient warrand

1. NRS, PC2/27, 107v-108r.

1. NRS, PC2/27, 107v-108r.

Sederunt, 5 April 1698, Edinburgh

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs1

D1698/4/12

Sederunt

Marquis of Tweedale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Proveist of Edinburgh

Att Edinburgh the fifth day of Aprile Jaj vic nyntie eight yeirs1

D1698/4/12

Sederunt

Marquis of Tweedale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichael; Lord Advocat; Lord Justice Clerk; Lord Philliphaugh; Lord Hallcraig; Proveist of Edinburgh

1. NRS, PC2/27, 107v.

2. NRS, PC2/27, 107v.

1. NRS, PC2/27, 107v.

2. NRS, PC2/27, 107v.

Act, 5 April 1698, Edinburgh

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years

A1698/4/41

Act

Act Anent Brigadier Maitland

A Letter from Brigadier Maitland Governour of Fortwilliam To his majesties Advocate Being Read The Councill Remitts to his majesties Advocate To apply to the Lords Commissioners of his majesties Thesaury For what is mentioned in the Letter being anent the Condition of the said Garrison.

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years

A1698/4/41

Act

Act Anent Brigadier Maitland

A Letter from Brigadier Maitland Governour of Fortwilliam To his majesties Advocate Being Read The Councill Remitts to his majesties Advocate To apply to the Lords Commissioners of his majesties Thesaury For what is mentioned in the Letter being anent the Condition of the said Garrison.

1. NRS, PC1/51, 412.

1. NRS, PC1/51, 412.

Letter: royal, 5 April 1698, Edinburgh

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years

A1698/4/31

Letter: royal

Letter from the King adding the Lord Yester to the privy Councill

His Majesties Letter for Receaving The Lord Yester a privy Councellor Being Read was ordered to be Recorded And the said Lord Yester being called for, And having Come in, he did swear and take the oath of Alledgance to his Majestie and subscribed the assurance appointed by act of Parliament and Likeways The association as is done by other Councellors Before him, And the Earle of Annandale president of the Councill for the Tyme Having administred to him the oath de fideli He was receaved a privy Councellor conform to his majesties Letter and took his place at the Board accordingly. Follows the Tenor of the said Letter:
Sic suprascribitur William Rex:
Right Trusty and Right welbeloved Cousin and Councellor, Right Trusty and Entirely beloved Cousin and Councellor, Right trusty and right welbeloved Cousins and Councellors, Right trusty and wellbeloved Cousins and Councellors, Right Trusty and wellbeloved Councellors, and Trusty and wellbeloved Councellors. Wee greet yow well: Wheras In consideration of the Loyalty and abilitie of […] Lord Yester, Wee have thought fitt to add him to the privy Councill of that our ancient Kingdom It is Therfore our will and pleasure and wee doe heirby authorize and require yow to admitt and Receave him into that our privy Councill in the ordinary form and method in such caices accustomed. For doing wherof this shall be your warrand. And so wee bidd yow heartily farewell. Given att our court at Kensingtoun The 1st day of March 1697/8 and of our reign The nynth year. By his Majesties Command sic subscribitur Tullibardine.

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years

A1698/4/31

Letter: royal

Letter from the King adding the Lord Yester to the privy Councill

His Majesties Letter for Receaving The Lord Yester a privy Councellor Being Read was ordered to be Recorded And the said Lord Yester being called for, And having Come in, he did swear and take the oath of Alledgance to his Majestie and subscribed the assurance appointed by act of Parliament and Likeways The association as is done by other Councellors Before him, And the Earle of Annandale president of the Councill for the Tyme Having administred to him the oath de fideli He was receaved a privy Councellor conform to his majesties Letter and took his place at the Board accordingly. Follows the Tenor of the said Letter:
Sic suprascribitur William Rex:
Right Trusty and Right welbeloved Cousin and Councellor, Right Trusty and Entirely beloved Cousin and Councellor, Right trusty and right welbeloved Cousins and Councellors, Right trusty and wellbeloved Cousins and Councellors, Right Trusty and wellbeloved Councellors, and Trusty and wellbeloved Councellors. Wee greet yow well: Wheras In consideration of the Loyalty and abilitie of […] Lord Yester, Wee have thought fitt to add him to the privy Councill of that our ancient Kingdom It is Therfore our will and pleasure and wee doe heirby authorize and require yow to admitt and Receave him into that our privy Councill in the ordinary form and method in such caices accustomed. For doing wherof this shall be your warrand. And so wee bidd yow heartily farewell. Given att our court at Kensingtoun The 1st day of March 1697/8 and of our reign The nynth year. By his Majesties Command sic subscribitur Tullibardine.

1. NRS, PC1/51, 411-12.

1. NRS, PC1/51, 411-12.

Decreet, 5 April 1698, Edinburgh

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years

A1698/4/21

Decreet

Decreet His majesties advocat against Gall and Hall ministers

Anent the Lible or Letters of Complaint raised and persued 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 underwritten Mentioning That where be the Laws and acts of Parliament all ministers and preachers within this Kingdom are to qualifie themselves by swearing The oath of alledgance to his majestie and subscriving the same with the Assurance mentioned in the saids acts and that under the Certification therein mentioned yet nevertheless It is of verity That Mr John Gall Incumbent in Kinfauns and Mr Thomas Hall Incumbent in St Modois Continues and presumes to preach and to Exerce the other pairts of the ministeriall function without having qualified themselves Conform to the appointment of the saids acts By swearing the oath of alledgance and by subscriving the same with the Assurance, Wherby they and Each of them have Incurred the Certification, Contained in the said acts and ought to be Deprived and removed as use is, in such caices and farther the said Mr John Gall and Mr Thomas Hall have not only since the Elapsing of the days sett by the saids acts for ministers qualifieing themselves as said is Contemptuously continued to preach and Exerce each of them their ministrie as of before, But if need beis can be proven each of them to be guilty of several Irregularities such as Disorderly Baptizeing and marrieing Besides the said Mr John and Mr Thomas and each of them have ever since the happy Revolution altogether neglected to Read the publick proclamations solemnly appointed by authoritie for observing of daies of fasts and thanksgiving. As also notwithstanding That the saids Mr John and Mr Thomas were upon the Twenty Eight day of July Last bypast deposed by the presbetry of Perth and the same duely Intimat to them yet they Most Contemptiously Continue To preach and Exerce all the pairts of their ministeriall functions to the great Disquiet and disorder of the neighbouring paroches about, And particularly the said Mr John Gall since his said Deposition hath administrat the sacrament of the Lords Supper and admitted severall persons thereto from severall distinct paroches without Certificates To the great disorder of the Church, for doing whereof they and Each of them are Censurable, By all which It is Evident That the said Mr John Gall and Mr Thomas Hall and each of them ought to be declared to be deprived from their Benefices in the Terms of The saids acts and ordained to remove from their Manses and Gleibs within a certan short space and never to Exerce their ministry or any part of their ministerial function within the saids paroches or Bounds thereof To the Example and Terror of others To Committ the Like in tyme coming. And Anent The charge given To the said defenders, To have Compeared personally Before the saids Lords of his majesties privy Councill att ane certan day 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 them to the horn with Certification etc as in the said Lyble or Letters of Complaint with the Executions thereof att more Length proports. Which Lyble being this day called In presence of the Lords of his Majesties privy Councill And his Majesties Advocate as persuar and the saids Two persons defenders abovenamed Compearing all personally The defenders acknowledged That they were not qualified in the terms of the act of parliament and are deposed by the presbetrie and that they have preached notwithstanding thereof and that Mr Gall hade also given the Sacrament The saids Lords having Considered the forsaids Lybles with the Defenders acknowledgement abovewritten, They find the Lybles proven in so farr as is acknowledged by the said defenders. And Therfore have Deprived and heirby Deprives them of their benefices of the saids respective Kirks And Declairs their saids Kirks of Kinfauns and St Madois to be both vacant and discharges the saids defenders To preach or Exercise any pairt of their ministerial function within their saids paroches and Bounds thereof. Viz: The said Mr John Gall within the paroch of Kinfauns and the said Mr Thomas Hall within the paroch of St Madois. And Decernes and ordains the saids Defenders To flitt and Remove themselves their wifes bairns Tennents and servants furth and from their respective manses and Gleibs of the samen paroches and to leave the samen void and Rid and to remove furth of their saids paroches and that betwixt and the term of Whitsunday next to come And ordains Letters of Horning under the signet of Councill on Fiftene days and others to be direct heiron in form as Effeirs.

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years

A1698/4/21

Decreet

Decreet His majesties advocat against Gall and Hall ministers

Anent the Lible or Letters of Complaint raised and persued 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 underwritten Mentioning That where be the Laws and acts of Parliament all ministers and preachers within this Kingdom are to qualifie themselves by swearing The oath of alledgance to his majestie and subscriving the same with the Assurance mentioned in the saids acts and that under the Certification therein mentioned yet nevertheless It is of verity That Mr John Gall Incumbent in Kinfauns and Mr Thomas Hall Incumbent in St Modois Continues and presumes to preach and to Exerce the other pairts of the ministeriall function without having qualified themselves Conform to the appointment of the saids acts By swearing the oath of alledgance and by subscriving the same with the Assurance, Wherby they and Each of them have Incurred the Certification, Contained in the said acts and ought to be Deprived and removed as use is, in such caices and farther the said Mr John Gall and Mr Thomas Hall have not only since the Elapsing of the days sett by the saids acts for ministers qualifieing themselves as said is Contemptuously continued to preach and Exerce each of them their ministrie as of before, But if need beis can be proven each of them to be guilty of several Irregularities such as Disorderly Baptizeing and marrieing Besides the said Mr John and Mr Thomas and each of them have ever since the happy Revolution altogether neglected to Read the publick proclamations solemnly appointed by authoritie for observing of daies of fasts and thanksgiving. As also notwithstanding That the saids Mr John and Mr Thomas were upon the Twenty Eight day of July Last bypast deposed by the presbetry of Perth and the same duely Intimat to them yet they Most Contemptiously Continue To preach and Exerce all the pairts of their ministeriall functions to the great Disquiet and disorder of the neighbouring paroches about, And particularly the said Mr John Gall since his said Deposition hath administrat the sacrament of the Lords Supper and admitted severall persons thereto from severall distinct paroches without Certificates To the great disorder of the Church, for doing whereof they and Each of them are Censurable, By all which It is Evident That the said Mr John Gall and Mr Thomas Hall and each of them ought to be declared to be deprived from their Benefices in the Terms of The saids acts and ordained to remove from their Manses and Gleibs within a certan short space and never to Exerce their ministry or any part of their ministerial function within the saids paroches or Bounds thereof To the Example and Terror of others To Committ the Like in tyme coming. And Anent The charge given To the said defenders, To have Compeared personally Before the saids Lords of his majesties privy Councill att ane certan day 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 them to the horn with Certification etc as in the said Lyble or Letters of Complaint with the Executions thereof att more Length proports. Which Lyble being this day called In presence of the Lords of his Majesties privy Councill And his Majesties Advocate as persuar and the saids Two persons defenders abovenamed Compearing all personally The defenders acknowledged That they were not qualified in the terms of the act of parliament and are deposed by the presbetrie and that they have preached notwithstanding thereof and that Mr Gall hade also given the Sacrament The saids Lords having Considered the forsaids Lybles with the Defenders acknowledgement abovewritten, They find the Lybles proven in so farr as is acknowledged by the said defenders. And Therfore have Deprived and heirby Deprives them of their benefices of the saids respective Kirks And Declairs their saids Kirks of Kinfauns and St Madois to be both vacant and discharges the saids defenders To preach or Exercise any pairt of their ministerial function within their saids paroches and Bounds thereof. Viz: The said Mr John Gall within the paroch of Kinfauns and the said Mr Thomas Hall within the paroch of St Madois. And Decernes and ordains the saids Defenders To flitt and Remove themselves their wifes bairns Tennents and servants furth and from their respective manses and Gleibs of the samen paroches and to leave the samen void and Rid and to remove furth of their saids paroches and that betwixt and the term of Whitsunday next to come And ordains Letters of Horning under the signet of Councill on Fiftene days and others to be direct heiron in form as Effeirs.

1. NRS, PC1/51, 410-11.

1. NRS, PC1/51, 410-11.

Sederunt, 5 April 1698, Edinburgh

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years1

A1698/4/12

Sederunt

Marquis of Tweddale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichaell; Lord Advocate; [Lord] Justice-Clerk; [Lord] Philiphaugh; Lord Halcraig; Lord Provost of Edinburgh

Att Edinburgh The Fifth of Aprile Jaj vjc nynty Eight years1

A1698/4/12

Sederunt

Marquis of Tweddale; Earl of Southerland; Earl of Annandale; Lord Yester; Lord Carmichaell; Lord Advocate; [Lord] Justice-Clerk; [Lord] Philiphaugh; Lord Halcraig; Lord Provost of Edinburgh

1. NRS, PC1/51, 409.

2. NRS, PC1/51, 410.

1. NRS, PC1/51, 409.

2. NRS, PC1/51, 410.