Tag Archives: 5 July 1698

Act, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/41

Act

Act Sir Patrick Maxuell

Anent the petition given in to the Lords of his Majesties privy Councill By Sir Patrick Maxuell of Sprinkell and […] Langcake keeper of the prisone in Carlyll Sheuing That a nottorious vagabound and Cheat called John Hunam who for these severall years by past to Shift for himself in either syde of the border according as he was obnoxious and readie to be seised upon the one or other syde therof Having been Lately seised and Committed to prisone in Carlyll made his escape from the Custodie of the said Langcake And being Certainly Informed that he haunts and resorts about the Langholme The petitioner made his application to Gentlemen and Justices of peace upon the Scotts Syde to have him seised and apprehended But ther being noe Border Commission for the tyme all the petitioner could obtain was to be advysed that it was fitt he Should apply to ther Lordships for a warrand to apprehend him as a Letter direct to their Lordships Clerk hath testified And seing it is necessarie for the peace and security of the borders that Rogues Should be apprehended and that it is the Intrest of both kingdomes that a Good Correspondence be keept amongst the heretors and Gentlemen upon both Sydes therof for preventing any prejudice that might arrise by tollerance or Connivance at Rogues upon one syde of the border to the prejudice of the other It has therfor been the Constant practise when ther uas a border Commission to seise such as were obnoxious to be Laid upon either Syde And now when ther is noe border Commission It is Hoped Ther Lordships will Give the Necessary orders in Such a matter Wherin the Intrest of the Government and peaceablnes of both Sydes of the border are soe much Concerned The Saids Lords Having Considered the forsaid petition They Doe heirby Give full pouer and warrand to the said Sir Patrick Maxuell or Mr Duncan Mckertour the Dutches of Buckcleughs baillie in the bounds of the regalitie of Nithsdale or aither of them with Consent of the other To Cause Search for Seise and apprehend the persone of the said John Hunam and to putt him under Sufficient bale with a suitable penaltie that he Shall Compear and underly the Law in any Judicatory of Scotland for what Shall be Laid to his charge or otheruayes to Committ him prisoner within this kingdome In case he be not able to find bale untill he Shall Ansuer as Law will But Discharges the said Sir Patrick or the said Dutches her baillie to Cause transport the said John Hunam furth of this Kingdome uithout farder order of Councell

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/41

Act

Act Sir Patrick Maxuell

Anent the petition given in to the Lords of his Majesties privy Councill By Sir Patrick Maxuell of Sprinkell and […] Langcake keeper of the prisone in Carlyll Sheuing That a nottorious vagabound and Cheat called John Hunam who for these severall years by past to Shift for himself in either syde of the border according as he was obnoxious and readie to be seised upon the one or other syde therof Having been Lately seised and Committed to prisone in Carlyll made his escape from the Custodie of the said Langcake And being Certainly Informed that he haunts and resorts about the Langholme The petitioner made his application to Gentlemen and Justices of peace upon the Scotts Syde to have him seised and apprehended But ther being noe Border Commission for the tyme all the petitioner could obtain was to be advysed that it was fitt he Should apply to ther Lordships for a warrand to apprehend him as a Letter direct to their Lordships Clerk hath testified And seing it is necessarie for the peace and security of the borders that Rogues Should be apprehended and that it is the Intrest of both kingdomes that a Good Correspondence be keept amongst the heretors and Gentlemen upon both Sydes therof for preventing any prejudice that might arrise by tollerance or Connivance at Rogues upon one syde of the border to the prejudice of the other It has therfor been the Constant practise when ther uas a border Commission to seise such as were obnoxious to be Laid upon either Syde And now when ther is noe border Commission It is Hoped Ther Lordships will Give the Necessary orders in Such a matter Wherin the Intrest of the Government and peaceablnes of both Sydes of the border are soe much Concerned The Saids Lords Having Considered the forsaid petition They Doe heirby Give full pouer and warrand to the said Sir Patrick Maxuell or Mr Duncan Mckertour the Dutches of Buckcleughs baillie in the bounds of the regalitie of Nithsdale or aither of them with Consent of the other To Cause Search for Seise and apprehend the persone of the said John Hunam and to putt him under Sufficient bale with a suitable penaltie that he Shall Compear and underly the Law in any Judicatory of Scotland for what Shall be Laid to his charge or otheruayes to Committ him prisoner within this kingdome In case he be not able to find bale untill he Shall Ansuer as Law will But Discharges the said Sir Patrick or the said Dutches her baillie to Cause transport the said John Hunam furth of this Kingdome uithout farder order of Councell

1. NRS, PC2/27, 131r.

1. NRS, PC2/27, 131r.

Warrant, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/31

Warrant

Warrand for Signing Captain Slezers Interloquitor

The Earle of Annandale Having represented to the Councill That at their Last meeting when his Lordship was Chosen preses upon a report Anent Captain Slezer Ther was a Committie appointed at the riseing of the Councill wherin some persones are named who are not members of this board which is not usuall And therfor desyred the Lords of his Majesties privy Councill uould againe Consider this matter at their Leisure which being fullie Considered by the saids Lords They hereby Adhere to their Interloquitor as pronunced upon the tuenty Eight day of June Last only In place of the Committie therinnamed Nominats and appoints the Earle of Lauderdale Lord Viscount of Tarbat and Lord Anstruther to be a Committie to revise the historicall pairt of Captain Slezers description of the ancient State of Scotland if the same be right and truly done And Recommends to the Earle of Annandale who was preses the forsaid day to Subscrybe the Interloquitor in thir terms of the date forsaid.

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/31

Warrant

Warrand for Signing Captain Slezers Interloquitor

The Earle of Annandale Having represented to the Councill That at their Last meeting when his Lordship was Chosen preses upon a report Anent Captain Slezer Ther was a Committie appointed at the riseing of the Councill wherin some persones are named who are not members of this board which is not usuall And therfor desyred the Lords of his Majesties privy Councill uould againe Consider this matter at their Leisure which being fullie Considered by the saids Lords They hereby Adhere to their Interloquitor as pronunced upon the tuenty Eight day of June Last only In place of the Committie therinnamed Nominats and appoints the Earle of Lauderdale Lord Viscount of Tarbat and Lord Anstruther to be a Committie to revise the historicall pairt of Captain Slezers description of the ancient State of Scotland if the same be right and truly done And Recommends to the Earle of Annandale who was preses the forsaid day to Subscrybe the Interloquitor in thir terms of the date forsaid.

1. NRS, PC2/27, 130v.

1. NRS, PC2/27, 130v.

Warrant, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/21

Warrant

Warrand for receaving Dalsinntons tennents Cautioners each for another

Sir Gilbert Eliot one of the Clerks of Councill having represented to the Lords of his Majesties privie Councill That ther is a bill of Suspension of Lauburroues at the instance of the Laird of Dalsinton and his tennents Against the Earle of Nithsdale his Lordships tennents of Duncow and Quarrelluood offered wherin Dalsinntons tennents are offered as Cautioners hinc Inde one for another And that Since he had the honour to Serve in this Station he never receaved tennents Cautioners one for another without speciall warrand from the Councill for that effect And therfore desyres the Councills orders in this matter which being Considered by the saids Lords of his Majesties privy Councill They hereby allow the said Sir Gilbert Eliot to receave the saids tennents of Dalsinntoune as Cautioners one for another Conforme to the bond now given in being of the date the tuenty fifth day of June Jaj vic nyntie eight And upon receaving the bond ordaines the Suspension of Lauburroues to be expeded in Comon forme

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years

D1698/7/21

Warrant

Warrand for receaving Dalsinntons tennents Cautioners each for another

Sir Gilbert Eliot one of the Clerks of Councill having represented to the Lords of his Majesties privie Councill That ther is a bill of Suspension of Lauburroues at the instance of the Laird of Dalsinton and his tennents Against the Earle of Nithsdale his Lordships tennents of Duncow and Quarrelluood offered wherin Dalsinntons tennents are offered as Cautioners hinc Inde one for another And that Since he had the honour to Serve in this Station he never receaved tennents Cautioners one for another without speciall warrand from the Councill for that effect And therfore desyres the Councills orders in this matter which being Considered by the saids Lords of his Majesties privy Councill They hereby allow the said Sir Gilbert Eliot to receave the saids tennents of Dalsinntoune as Cautioners one for another Conforme to the bond now given in being of the date the tuenty fifth day of June Jaj vic nyntie eight And upon receaving the bond ordaines the Suspension of Lauburroues to be expeded in Comon forme

1. NRS, PC2/27, 130v.

1. NRS, PC2/27, 130v.

Sederunt, 5 July 1698, Edinburgh

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Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years1

D1698/7/12

Sederunt

Earl of Melvill P; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Viscount Teviot; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Leyes; Laird of Stevenson

Att Edinburgh the fifth day of Jully Jaj vic nyntie eight years1

D1698/7/12

Sederunt

Earl of Melvill P; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Viscount Teviot; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Lord Rankeilor; Laird of Pollock; Laird of Leyes; Laird of Stevenson

1. NRS, PC2/27, 130v.

2. NRS, PC2/27, 130v.

1. NRS, PC2/27, 130v.

2. NRS, PC2/27, 130v.

Judicial Proceeding, 5 July 1698, Edinburgh

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Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/41

Judicial Proceeding

Certification His Majesties Advocat against Mr Aeneas McIntosh

Anent The Lyble 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 underwrittin. Making Mention That where by the sixth Act of the fourth session of the Current Parliament Intituled act for the Taking the oath of Alledgance and assurance It is statute and ordained That all ministers and preachers of the Gospell whatsoever swear the oath of Allegdance To his Majestie and Subscrive the same with the Assurance. Certifieing such ministers as are provided to Kirks and shall refuse the same should be deprived of their benefices and stipends Likeas by the Twenty second Act, Fyfth session, of the same parliament It is statute That all who shall Intrude themselves into any church without a legall Call or admission and Exercise any part of the ministerial function therein shall be lyable to the paines of the said act as is therein fully contained. And, furder, It is Recommended of privy Councill to take some Effectual Course for hindering ministers deposed from preaching or Exercising the ministerial function after they are deposed. Nevertheless It is of verity That contrary to the saids acts, Mr James Inglis Late Incumbent att Muthill Mr Eneas McIntosh Intruder into the said paroch of Muthill and Mr James Lauder Schoolmaster and preacher there Continues and presumes to preach and Exerce the other pairts of the ministerial function without having qualified themselves conform To the appointment of the saids acts By swearing the oath of alledgance and subscriving the same with the Assurance wherby they have Incurred the Certificationes Contained in the saids acts in such caices as use is. Likeas all the saids Three persons are deposed by the presbetrie of Auchterarder as the saids sentences or acts of Depositions heirwith produced will Testifie. And yet they presume to preach Baptize and marry In high Contempt of the sentences or acts of the said presbetrie and authority of this church And furder It is Informed That ever since the happy Revolution all the forsaids persones hes neglected to Read the publict proclamations appointed by his Majestie for solemn days of fasts and Thanksgiving and In stead of obeying the Last proclamation for a fast they Turned the same to a Thanksgiving appointed the Wednesday thereafter and despiseing the causes and day appointed by his Majestie. And still Continues in the paroch of Muthill Infesting That Bounds to the great disquiet of the setled order and peace of this Church. By all which The said Mr James Inglis Mr Aeneas McIntosh and Mr James Lauder Being guilty airt and pairt of the forsaids Transgressions and disorders. They ought to be punished therfore with the paines of Law and furder Effectually Restrained for hereafter from committing of any such abuses To the Example and terror of others to Committ The Like in tyme Coming. And Anent The charge given to the saids Defenders To have Compeared personally before The saids Lords of privy Councill at 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 principall Lyble with the Executions thereof att more Length is Contained. Which lyble being this day called In presence of the Lords of his Majesties privy Councill And Sir James Stewart his majesties Advocate Compearing as persuer And The saids Mr James Inglis and Mr James Lauder Two of the defenders Compearing personally and the said Mr Aeneas McIntosh being oftimes called and not Compearing. The saids Lord declaires The Lyble to be Let fall against the Two defenders Compearing as said is and Grants Certification against The said Mr Aeneas McIntosh In Respect of his absence And ordains Letters to be direct hereon Commanding Messengers at arms so to pass to pass2 to the mercat cross of Edinburgh and all other places needfull And There in his majesties name and authority duely, and Laufully to denunce The said Mr Aeneas McIntosh his majesties rebell and putt him to his higness horn Escheat and Inbring all his moveable goods and gear to his Majesties use for his Contempt and disobedience.

Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/41

Judicial Proceeding

Certification His Majesties Advocat against Mr Aeneas McIntosh

Anent The Lyble 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 underwrittin. Making Mention That where by the sixth Act of the fourth session of the Current Parliament Intituled act for the Taking the oath of Alledgance and assurance It is statute and ordained That all ministers and preachers of the Gospell whatsoever swear the oath of Allegdance To his Majestie and Subscrive the same with the Assurance. Certifieing such ministers as are provided to Kirks and shall refuse the same should be deprived of their benefices and stipends Likeas by the Twenty second Act, Fyfth session, of the same parliament It is statute That all who shall Intrude themselves into any church without a legall Call or admission and Exercise any part of the ministerial function therein shall be lyable to the paines of the said act as is therein fully contained. And, furder, It is Recommended of privy Councill to take some Effectual Course for hindering ministers deposed from preaching or Exercising the ministerial function after they are deposed. Nevertheless It is of verity That contrary to the saids acts, Mr James Inglis Late Incumbent att Muthill Mr Eneas McIntosh Intruder into the said paroch of Muthill and Mr James Lauder Schoolmaster and preacher there Continues and presumes to preach and Exerce the other pairts of the ministerial function without having qualified themselves conform To the appointment of the saids acts By swearing the oath of alledgance and subscriving the same with the Assurance wherby they have Incurred the Certificationes Contained in the saids acts in such caices as use is. Likeas all the saids Three persons are deposed by the presbetrie of Auchterarder as the saids sentences or acts of Depositions heirwith produced will Testifie. And yet they presume to preach Baptize and marry In high Contempt of the sentences or acts of the said presbetrie and authority of this church And furder It is Informed That ever since the happy Revolution all the forsaids persones hes neglected to Read the publict proclamations appointed by his Majestie for solemn days of fasts and Thanksgiving and In stead of obeying the Last proclamation for a fast they Turned the same to a Thanksgiving appointed the Wednesday thereafter and despiseing the causes and day appointed by his Majestie. And still Continues in the paroch of Muthill Infesting That Bounds to the great disquiet of the setled order and peace of this Church. By all which The said Mr James Inglis Mr Aeneas McIntosh and Mr James Lauder Being guilty airt and pairt of the forsaids Transgressions and disorders. They ought to be punished therfore with the paines of Law and furder Effectually Restrained for hereafter from committing of any such abuses To the Example and terror of others to Committ The Like in tyme Coming. And Anent The charge given to the saids Defenders To have Compeared personally before The saids Lords of privy Councill at 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 principall Lyble with the Executions thereof att more Length is Contained. Which lyble being this day called In presence of the Lords of his Majesties privy Councill And Sir James Stewart his majesties Advocate Compearing as persuer And The saids Mr James Inglis and Mr James Lauder Two of the defenders Compearing personally and the said Mr Aeneas McIntosh being oftimes called and not Compearing. The saids Lord declaires The Lyble to be Let fall against the Two defenders Compearing as said is and Grants Certification against The said Mr Aeneas McIntosh In Respect of his absence And ordains Letters to be direct hereon Commanding Messengers at arms so to pass to pass2 to the mercat cross of Edinburgh and all other places needfull And There in his majesties name and authority duely, and Laufully to denunce The said Mr Aeneas McIntosh his majesties rebell and putt him to his higness horn Escheat and Inbring all his moveable goods and gear to his Majesties use for his Contempt and disobedience.

1. NRS, PC1/51, 446-8.

2. Sic.

1. NRS, PC1/51, 446-8.

2. Sic.

Warrant, 5 July 1698, Edinburgh

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Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/31

Warrant

Warrand For Imprisoning The Earle of Seaforth

The Earle of Seaforth conform to his former Bale having appeared before the Councill this day conform to his Bale And not being able to give the Councill sufficient caution They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And in his absence gives order and warrant to the next commanding officer there To Receave the said Earle and detain him prisoner in the said Castle of Edinburgh untill furder order of Councill. Sic subscribitur Melvill P: Southerland Lauderdale Yester Carmichaell Ruthven James Stewart Adam Cockburne John Maxwell.

Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/31

Warrant

Warrand For Imprisoning The Earle of Seaforth

The Earle of Seaforth conform to his former Bale having appeared before the Councill this day conform to his Bale And not being able to give the Councill sufficient caution They heirby Recommend to the Earle of Leven Constable and Governour of the Castle of Edinburgh And in his absence gives order and warrant to the next commanding officer there To Receave the said Earle and detain him prisoner in the said Castle of Edinburgh untill furder order of Councill. Sic subscribitur Melvill P: Southerland Lauderdale Yester Carmichaell Ruthven James Stewart Adam Cockburne John Maxwell.

1. NRS, PC1/51, 446.

1. NRS, PC1/51, 446.

Judicial Proceeding, 5 July 1698, Edinburgh

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Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/21

Judicial Proceeding

Certification Deans against Rablers att Blair

Anent The Lyble Raised and pursued before the Lords of his Majesties privy Councill att the Instance of Mr Archbald Deans minister att Bowden and ane of the ministers sent by the Late General assemblie To preach in Angus and Mearns with Concurse of Sir James Stewart his Majesties Advocate for his highness Interest In the matter underwrittin Making Mention That where by the Laws and acts of Parliament of this Kingdom all men are obliged to Keep the publick peace Specialy towards ministers and preachers of the Gospell duely thereto authorized. Likeas by the Act James The Sixth Parliament Eleventh Caput Twenty seventh and by another Act Charles 1st parliament 1st Chapter 7th all Troublers of the Kirk or making of any Tumult or raisers of any fray Either in kirk or kirkyeard To the disordering of the people the time of divine Service. As Likeways all Invaders of ministers or who put violent hands in them by themselves their men tennents and servants or any others of their hounding out of their direction or allowance for whatsoever cause or occasion are Declared lyable in the pain of Escheat of all their moveables. And Land Lords Heiretors and others In whose bounds offenders dwell or haunt, are holden upon Complaint To the Lords of privy Councill To Exhibite and produce them To be duely punished in such manner and under such pains as are Contained in the said acts. Nevertheless It is of verity That the persons aftermentioned are guilty and have transgressed the forsaids Laws and acts. Insofarr as That the said Mr Archbald Deans missionat as said is having been appointed by Commission from the presbetrie of Dundee to preach att the Kirk of Blair within the Bounds of their Inspection upon the Eight day therein Instant And There to declare the said Kirk vacant by the deprivatione of Mr Gilbert Blair Late Incumbent their by the Lords of his majesties privy Councill. The said Mr Archbald Deans Complainer went to the said Kirk and finding the doors shutt and Ranforced within he demanded the Keys from Walter Rodger, Beddel who refused them and Then went to John Drummond of Newtoun one of the heretors of the paroch and shewed him The presbetries Commission and demanded the Keys of him or That he would Cause the Beddell deliver them. But Newtoun answered That he was not Concerned and That he desired no such ministers to preach their for they were well enough supplied without them Likeas Patrick Johnston of Gormack another Heretor of the parish being also Required in Like manner to deliver the said Keys he answered That he hade them not nor would he order the Belman To deliver them tho he might doe it. So That the said Complainer was forced to preach in the Kirk-yeard with great trouble and throwing of stones by a disaffected Rable while in the mean time one Mr McKenzie deprived by the saids Lords of privy Councill from the Kirk of Newtyle And not qualified Conform to Law did preach in the Kirk. And furder the said Mr Archbald Deans Complainer upon the Lords day therafter being the Fifteenth of May going again to the said Kirk In discharge of his Commission was mett by a Rable of men some of them armed and women who hade stayed all night In and about the Kirk and amongst them John McLean footman to the said John Drummond of Newtoune […] Lady Lockblair Jannet Kilgour servant to the Laird of Ard Blair. Mr Gilbert Robison younger of Drumlochie and […] Sanders in Blair with severall others apposed the said Complainers Entry By Throwing at him Stones Divots and Rotten Eggs and many opprobrious words. And when thereafter the said Complainer went to the heretors present in the Kirk-yeard. Viz James Blair of Ardblair The said John Drummond of Newtoune The said Patrick Johnston of Gormock, Mr Gilbert Robisone of Drumlochie James Couper of Lochblair Paull Farquharson of Rachalie and Mr Henry Fife pretended minister att Ruthven And Told them of his warrant from the presbetrie of Dundee to preach there and demanded access to the kirk Conform to ane act of his majesties privy Councill which he did read In their presence appointing all heretors of vacant paroches to deliver up the Keys of their vacant Kirks To the presbetrie or any having their Commission To preach there. The saids Heretors answered they hade not the Keys and yett Immediatly therafter They went into the Church Refuseing access to the said Complainer And There heard The said Mr Henry Fife preach notwithstanding that the said Complainer did in the name of the presbetrie discharge him to preach there that day And furder the said Heretors in Contempt of the said Mr Archbald and of all the authority from the Lords of privy Councill and presbetrie wherwith he was cloathed suffered the Rable while he was reading to the heretors the said act of privy Councill To Toss and cast him from side to side without ever forbidding them so to doe Tho the said Complainer Required them For that Effect. Likeas one John Ratray in Meikhower who had come with the said Complainer was att the same tyme beaten by […] Robertson son to the said Drumlochie and by William Sanders brewer in Blair And Thereafter when the said Complainer went to preach in the church-yeard he was wicked and reviled in tyme of divine worship; by Wiliam Blair son to the said Laird of Ard-Blair and John Drummond son to the said Laird of Newtoun. Likeas The said John McLeran servant to Newtoune did att the same tyme cast stones at the people and minister as did likeways John Robertson servant to Sibilla Fouler in Blair with which stones the said minister was smite and hurt and the same Fifteenth day of May John Kilgour in Blair did cast rotten Eggs att the minister and people conveened to worship. and John Ednie son to David Ednie in Blair did att the same tyme Throw stones att the said Complainer But Furder such is the perverse obstinacy of the saids Rablers. That when the said Mr Archbald Deans Complainer persisting in his duty come the Third Lords day Being the Twenty nynth of May To preach at the said Kirk James Milne servant to Robert Nuckle in Blair did beat with a great Cudgell and many strokes Walter Robbertsone in Calless and James Cargyl in Rattray who were helping the said Complainer by getting him a chair which the said James Milne threw armes and brake in pieces. Likeas John Lesly servant to the Laird of Lochblair and James Mitchell servant To the Laird of Ardblair and Thomas Ednie son to David Ednie in Blair Threw stones the forsaid day att the said Mr Archbald Deans Complainer and these Conveened with him for worship and in tyme of sermon as said is. By all which It is Evident That the saids John Drummond of Newtoune Patrick Johnston of Gornock James Blair of Ardblair James Couper of Lochblair Mr Gilbert Robertsones of Drumlochie Elder and younger Paul Farqhwarsone of Rachallie Mr […] McKenzie Mr Henry Fife Walter Rodger Belman John McQueen […] Lady Lockblair Jannet Kilgowr John Robertson, John Gilgowr, John Ednie […] Landers in Blair. William Blair John Drummond. James Milne John Lesly, James Mitchell and Thomas Ednie are all or at Least one or other of them guilty of the forsaid Ryot Breach of the peace and Invading of the minister disturbing of The worship and Contempt of the authority of the Lords of his majesties privy Councill and of the order of the presbetrie above libelled and also of a high profanation of the Lords-day Likeas The saids Ministers McKenzie and Fife have Incurred the Certifications of the act of parliament Jaj vic nynty Three for their unwarrantabl preaching All which being proven they ought Therfore to be severely punished in their persons and goods Conform to the forsaids Laws and as the said Lords of privy Councill shall think meet to the Example and terror of others To committ the Like in tyme coming. And Anent The charge given to the saids Defenders To have Compeared personally before the saids Lords of his majesties privy Councill. To have answered to the grounds of the above Complaint at ane certan day bygone 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 horne with Certification etc as in the principall Lyble and Executions thereof att more Length is Contained. Which Lyble being upon the 28th of June Last bypast and Thereafter upon this day called In presence of the saids Lords of his majesties privy Councill And The persuer Compearing personally with Sir James Stewart his Majesties Advocat and Sir Patrick Home his majesties sollicitor and Patrick Johnston of Gormock, Mr Gilbert Robertson Elder of Drumlochie James Blair of Ard Blair, James Couper of Lochblair, William Blair son to Ard Blair, John Drummond son to Newtoune Drummond, John McCleran servitor to Newtoune, John Lesly servitor to Lochblair, James Mithcell servitor to Ardblair And Paull Farquharsone of Rachallie Ten of the Defenders Compearing personally and the rest of the defenders viz John Drummond of Newtoun Mr […] McKenzie Intruder In the Kirk of Blair […] Lady Lockblair Jannet Kilgowr Servitrix to Ard Blair John Robertson servitor to Sibilla Fouller In Blair […] Landers in Blair. William Sanders Brewer their Robert Nuckell there Walter Rodger Beddel there and Mr Henry Fife Intruder there being Lawfulie cited oft times called and not Compearing And Mr David Dalrymple Compearing as Advocate for the haill defenders. The saids Lords having considered the Lyble and answers made thereto And having heard a Petition given in by the Heretors and others in the paroch of Blairgourie. They heirby Repone The hail Defenders abovenamed Compearing as said is (some of which were absent att the first calling of this Lyble, and Certification was granted against them) against the Certification already granted against them And Allowes the said Certification to be granted against such of the saids defenders as are now absent In Respect they were also absent att the first calling. And admitts the Lyble to probatione against the parties Compearing as said is. And the witnesses being called and having Compeared as they are marked in the Roll And having made faith att the Barr. The Councill nominated and appointed a Committee of their own number To meet and Examine the saids witnesses and Reserves all objections to be made against them To be proponed and discussed before the said Committee and declared any Two of them to be a sufficient quorum. And grants furder diligence by by2 Caption against David Geletlie John Stalker James Cargyle William Anderson and James Deans witnesses cited and not Compearing untill The […] day of […].

Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years

A1698/7/21

Judicial Proceeding

Certification Deans against Rablers att Blair

Anent The Lyble Raised and pursued before the Lords of his Majesties privy Councill att the Instance of Mr Archbald Deans minister att Bowden and ane of the ministers sent by the Late General assemblie To preach in Angus and Mearns with Concurse of Sir James Stewart his Majesties Advocate for his highness Interest In the matter underwrittin Making Mention That where by the Laws and acts of Parliament of this Kingdom all men are obliged to Keep the publick peace Specialy towards ministers and preachers of the Gospell duely thereto authorized. Likeas by the Act James The Sixth Parliament Eleventh Caput Twenty seventh and by another Act Charles 1st parliament 1st Chapter 7th all Troublers of the Kirk or making of any Tumult or raisers of any fray Either in kirk or kirkyeard To the disordering of the people the time of divine Service. As Likeways all Invaders of ministers or who put violent hands in them by themselves their men tennents and servants or any others of their hounding out of their direction or allowance for whatsoever cause or occasion are Declared lyable in the pain of Escheat of all their moveables. And Land Lords Heiretors and others In whose bounds offenders dwell or haunt, are holden upon Complaint To the Lords of privy Councill To Exhibite and produce them To be duely punished in such manner and under such pains as are Contained in the said acts. Nevertheless It is of verity That the persons aftermentioned are guilty and have transgressed the forsaids Laws and acts. Insofarr as That the said Mr Archbald Deans missionat as said is having been appointed by Commission from the presbetrie of Dundee to preach att the Kirk of Blair within the Bounds of their Inspection upon the Eight day therein Instant And There to declare the said Kirk vacant by the deprivatione of Mr Gilbert Blair Late Incumbent their by the Lords of his majesties privy Councill. The said Mr Archbald Deans Complainer went to the said Kirk and finding the doors shutt and Ranforced within he demanded the Keys from Walter Rodger, Beddel who refused them and Then went to John Drummond of Newtoun one of the heretors of the paroch and shewed him The presbetries Commission and demanded the Keys of him or That he would Cause the Beddell deliver them. But Newtoun answered That he was not Concerned and That he desired no such ministers to preach their for they were well enough supplied without them Likeas Patrick Johnston of Gormack another Heretor of the parish being also Required in Like manner to deliver the said Keys he answered That he hade them not nor would he order the Belman To deliver them tho he might doe it. So That the said Complainer was forced to preach in the Kirk-yeard with great trouble and throwing of stones by a disaffected Rable while in the mean time one Mr McKenzie deprived by the saids Lords of privy Councill from the Kirk of Newtyle And not qualified Conform to Law did preach in the Kirk. And furder the said Mr Archbald Deans Complainer upon the Lords day therafter being the Fifteenth of May going again to the said Kirk In discharge of his Commission was mett by a Rable of men some of them armed and women who hade stayed all night In and about the Kirk and amongst them John McLean footman to the said John Drummond of Newtoune […] Lady Lockblair Jannet Kilgour servant to the Laird of Ard Blair. Mr Gilbert Robison younger of Drumlochie and […] Sanders in Blair with severall others apposed the said Complainers Entry By Throwing at him Stones Divots and Rotten Eggs and many opprobrious words. And when thereafter the said Complainer went to the heretors present in the Kirk-yeard. Viz James Blair of Ardblair The said John Drummond of Newtoune The said Patrick Johnston of Gormock, Mr Gilbert Robisone of Drumlochie James Couper of Lochblair Paull Farquharson of Rachalie and Mr Henry Fife pretended minister att Ruthven And Told them of his warrant from the presbetrie of Dundee to preach there and demanded access to the kirk Conform to ane act of his majesties privy Councill which he did read In their presence appointing all heretors of vacant paroches to deliver up the Keys of their vacant Kirks To the presbetrie or any having their Commission To preach there. The saids Heretors answered they hade not the Keys and yett Immediatly therafter They went into the Church Refuseing access to the said Complainer And There heard The said Mr Henry Fife preach notwithstanding that the said Complainer did in the name of the presbetrie discharge him to preach there that day And furder the said Heretors in Contempt of the said Mr Archbald and of all the authority from the Lords of privy Councill and presbetrie wherwith he was cloathed suffered the Rable while he was reading to the heretors the said act of privy Councill To Toss and cast him from side to side without ever forbidding them so to doe Tho the said Complainer Required them For that Effect. Likeas one John Ratray in Meikhower who had come with the said Complainer was att the same tyme beaten by […] Robertson son to the said Drumlochie and by William Sanders brewer in Blair And Thereafter when the said Complainer went to preach in the church-yeard he was wicked and reviled in tyme of divine worship; by Wiliam Blair son to the said Laird of Ard-Blair and John Drummond son to the said Laird of Newtoun. Likeas The said John McLeran servant to Newtoune did att the same tyme cast stones at the people and minister as did likeways John Robertson servant to Sibilla Fouler in Blair with which stones the said minister was smite and hurt and the same Fifteenth day of May John Kilgour in Blair did cast rotten Eggs att the minister and people conveened to worship. and John Ednie son to David Ednie in Blair did att the same tyme Throw stones att the said Complainer But Furder such is the perverse obstinacy of the saids Rablers. That when the said Mr Archbald Deans Complainer persisting in his duty come the Third Lords day Being the Twenty nynth of May To preach at the said Kirk James Milne servant to Robert Nuckle in Blair did beat with a great Cudgell and many strokes Walter Robbertsone in Calless and James Cargyl in Rattray who were helping the said Complainer by getting him a chair which the said James Milne threw armes and brake in pieces. Likeas John Lesly servant to the Laird of Lochblair and James Mitchell servant To the Laird of Ardblair and Thomas Ednie son to David Ednie in Blair Threw stones the forsaid day att the said Mr Archbald Deans Complainer and these Conveened with him for worship and in tyme of sermon as said is. By all which It is Evident That the saids John Drummond of Newtoune Patrick Johnston of Gornock James Blair of Ardblair James Couper of Lochblair Mr Gilbert Robertsones of Drumlochie Elder and younger Paul Farqhwarsone of Rachallie Mr […] McKenzie Mr Henry Fife Walter Rodger Belman John McQueen […] Lady Lockblair Jannet Kilgowr John Robertson, John Gilgowr, John Ednie […] Landers in Blair. William Blair John Drummond. James Milne John Lesly, James Mitchell and Thomas Ednie are all or at Least one or other of them guilty of the forsaid Ryot Breach of the peace and Invading of the minister disturbing of The worship and Contempt of the authority of the Lords of his majesties privy Councill and of the order of the presbetrie above libelled and also of a high profanation of the Lords-day Likeas The saids Ministers McKenzie and Fife have Incurred the Certifications of the act of parliament Jaj vic nynty Three for their unwarrantabl preaching All which being proven they ought Therfore to be severely punished in their persons and goods Conform to the forsaids Laws and as the said Lords of privy Councill shall think meet to the Example and terror of others To committ the Like in tyme coming. And Anent The charge given to the saids Defenders To have Compeared personally before the saids Lords of his majesties privy Councill. To have answered to the grounds of the above Complaint at ane certan day bygone 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 horne with Certification etc as in the principall Lyble and Executions thereof att more Length is Contained. Which Lyble being upon the 28th of June Last bypast and Thereafter upon this day called In presence of the saids Lords of his majesties privy Councill And The persuer Compearing personally with Sir James Stewart his Majesties Advocat and Sir Patrick Home his majesties sollicitor and Patrick Johnston of Gormock, Mr Gilbert Robertson Elder of Drumlochie James Blair of Ard Blair, James Couper of Lochblair, William Blair son to Ard Blair, John Drummond son to Newtoune Drummond, John McCleran servitor to Newtoune, John Lesly servitor to Lochblair, James Mithcell servitor to Ardblair And Paull Farquharsone of Rachallie Ten of the Defenders Compearing personally and the rest of the defenders viz John Drummond of Newtoun Mr […] McKenzie Intruder In the Kirk of Blair […] Lady Lockblair Jannet Kilgowr Servitrix to Ard Blair John Robertson servitor to Sibilla Fouller In Blair […] Landers in Blair. William Sanders Brewer their Robert Nuckell there Walter Rodger Beddel there and Mr Henry Fife Intruder there being Lawfulie cited oft times called and not Compearing And Mr David Dalrymple Compearing as Advocate for the haill defenders. The saids Lords having considered the Lyble and answers made thereto And having heard a Petition given in by the Heretors and others in the paroch of Blairgourie. They heirby Repone The hail Defenders abovenamed Compearing as said is (some of which were absent att the first calling of this Lyble, and Certification was granted against them) against the Certification already granted against them And Allowes the said Certification to be granted against such of the saids defenders as are now absent In Respect they were also absent att the first calling. And admitts the Lyble to probatione against the parties Compearing as said is. And the witnesses being called and having Compeared as they are marked in the Roll And having made faith att the Barr. The Councill nominated and appointed a Committee of their own number To meet and Examine the saids witnesses and Reserves all objections to be made against them To be proponed and discussed before the said Committee and declared any Two of them to be a sufficient quorum. And grants furder diligence by by2 Caption against David Geletlie John Stalker James Cargyle William Anderson and James Deans witnesses cited and not Compearing untill The […] day of […].

1. NRS, PC1/51, 443-6.

2. Sic.

1. NRS, PC1/51, 443-6.

2. Sic.

Sederunt, 5 July 1698, Edinburgh

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Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years1

A1698/7/12

Sederunt

Earl of Melvill P.C.; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Viscount Teviot; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Enstruther; Lord Rankillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone

Att Edinburgh The fifth day of July Jaj vjc nyntie Eight years1

A1698/7/12

Sederunt

Earl of Melvill P.C.; Earl of Southerland; Earl of Lauderdale; Earl of Annandale; Earl of Ruglen; Lord Yester; Viscount Tarbat; Viscount Teviot; Lord Carmichaell; Lord Ruthven; Lord President of Session; Lord Advocate; Lord Justice-Clerk; Lord Enstruther; Lord Rankillor; Laird of Pollock; Laird of Leyes; Laird of Stevensone

1. NRS, PC1/51, 443.

2. NRS, PC1/51, 443.

1. NRS, PC1/51, 443.

2. NRS, PC1/51, 443.