Edinburgh 8th February 1705
D1705/2/4
D1705/2/4
Decreet
Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there
Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.
Edinburgh 8th February 1705
D1705/2/4
Decreet
Decreit Mr John Kennedy Minister at Peter Coulter and Mr Alexander Thomsone some tyme minister there
Anent The principall lybell and letters of Complaint raised at the instance of Mr John Kennedy minister of the Gospell at Petercoulter, with concourse of Sir James Stewart her Majesties advocat for her Highnes interest, Makeing mention That where by the severall Lawes and acts of parliament establishing presbeterian Church Government And ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament King William and Queen Mary Its expressly statute and Ordained that the Lords of privie Councill, and all other Magistrats Judges, and officers of Justice, give all due assistance for making the Sentences and Censures of the Church and Judicators therof to be obeyed, or otherwayes effectuall as accords, yet Nevertheless Master Alexander Thomsone sometyme minister at Petercoulter, being by the Synod of Aberdein upon the […] day of October Jaj viic and three years, or ane or other of the dayes of the said moneth lawfully deposed from the ministrie and exerciseing any pairt of the ministeriall Function, and the said Kirk of Petercoulter Declaired vaccant, Wherupon the said Complainer was by the said presbytery of Aberdeen legally and lawfully Ordained the minister of the said Kirk and parochine, wherby the Complainer has good and undoubted right to the said Kirk, manse and Gleib, Yet Notwithstanding and in high Contempt of the severall Lawes and acts of parliament forsaid, and of the Sentence of the forsaid Synod of Aberdeen, The said Mr Alexander Thomsone did still retaine the possession of the forsaid manse and Glieb, and will not yeild the possession therof to the Complainer, who was lawfully admitted and Ordained minister there, Wherfore in all Law equity and reasone, The said Mr Alexander Thomsone ought not only to be by Decreit of the Lords of privie Councill ordained to flitt and remove himselfe his wyfe, Bairns, Mentennents and Servants, cattle goods and gear, furth and frae the said Manse and Glieb of Petercoulter, But also ought to delyver up to the Complainer the keyes of the said Manse, that the Complainer might enter to the possession therof and bruike and enjoy the samen during his Incumbancie there, as also to yeild to the Complainer the possession of the forsaid Glybe that the said Complainer might enter therto labour and manure the Samen, And Anent the charge given to the said Defender to have compeared at certain day bygone to have heard and seen such order and course taken theranent as appertaines with Certification as in the said lybell or letters of Complaint is more fully Contained, Wherunto the said Master Alexander Thomson gave in the answers following, Shewing, Wheras there is a lybell raised befor their Lordships at the instance of Mr John Kennedy, pretending to be Minister at Petercoulter, with concourse of her Majesties advocat, Mentioning That by the Severall Lawes and acts of parliament establishing presbyterian Church Government, and ratifieing the samen, and particularly by the twentie third act of the fourth session of the first parliament of King William and Queen Mary, It was expressly Statute and Ordained that the Lords of Councill, and all other Magistrats, Judges, and officers of Justice, to give due assistance for making the Sentence and Censures of the Church, and Judicatories therof obeyed, or otherwayes made effectuall, Yet that Mr Alexander Thomsone being by the Synod of Aberdeen in Anno Jaj viic three years deposed from the ministry, and exerciseing any pairt of that function, The Complainer was legally admitted Minister and therby had right to the Kirk, Manse, and Glieb, and that notwithstanding of the said Lawes and sentence of the Synod of Aberdeen, the said master Alexander Thomson retains possession of the Manse and Glieb, and will not yeild the possession therof to the Complainer, And therfore Concluding a Decreit of removeing against him, It was answered That Master Alexander Thomson was legally Ordained Minister of Petercoulter and was the first of that presbytry that qualified himselfe according to Law, and denyes that he was ever legally Deposed from the Ministry or exercise therof And as to the act of parliament lybelled on, that relates to the Sentences of the Church Judicatures that the civill Authority might be interposed for rendring them effectuall, there is no sentence of any Church Judicature againest Mr Thomson, which he hes Contemned, or requyres the civill authority to be interposed for rendring it effectuall, and as to the Conclusion of removeing from the Manse and Gleib, which is the only conclusion of the Lybell, he humbly presumes that actions of removing are only competent to the ordinar Judicatures and no proper Subject of their Lordships trouble, and he did not believe that the Church Judicatures have given any Sentence of removeing againest him, wherby their Lordships authority might be demanded to make the Same effectuall, Removeings being yet less proper to their province then their Lordships, Last of all, the Complainer Master John Kennedy, nor those who gave him the Call, are not qualified conforme to act of parliament, So his pretending to the Church is plain violence and contempt of the Law, In respect wherof Master Thomson ought to be assoilzied, and Mr Kennedy Decerned in his expences, The above Lybell at the instance of Mr John Kennedy Minister of the Gospell at Peter Coulter, againest Master Alexander Thomsone Sometyme Minister there, being called and the pursuar Compearing at the Barr with Sir James Stewart her Majesties Advocat, and the Defender Compearing also personally at the barr, with Sir David Cunninghame and Mr William Black his Advocats, and the Lybell with answers therto being read, and both pairties and their Lawiers heard at the Barr, and removed, The saids Lords having Considered the Samen, have Decerned and Ordained, and heirby Decern and Ordaine the Defender to flitt and remove himselfe, wyfe, Bairns, Mentennents and Servants, Cattle goods, and gear, furth and frae the Manse and Glieb of Peter Coulter, and to leave the samen voyd and redd and delyver up the keyes of the said manse to the persuer that he may enter therto peaceably, and bruike and enjoy the Samen during his Incumbancy there, And appoynts letters of horning under the Signet of Councill to be direct heirupon upon fyftein dayes as effeirs.
