Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years
D1699/11/2
D1699/11/2
Decreet
Denunciation Clepan and others against Halyburton and others
Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Mr George Clepan minister at the kirk of Newtylle Mr James Marr minister at Murrayes in Angus and Mr James Robertson Minister at Glenmuick in Aberdeen Shyre with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention That wher by the Lawes and acts of parliament all men ought to keep the publict peace and all wrong and violence is strictly prohibit and particularly Ministers of the Gospell whose functions and persones are seized, are under the more speciall protectione of the saids Lawes and all injuries and violence Committed against them are thereby more heavily aggravated Nevertheless It is of verity that the said Mr George Clepeine haveing been Lawfullie and orderly ordained ministers at the said kirk of Newtyle is not only to this day denyed the possession of his Manse, and the said Manse and the possessione therof violently detained from him by Mr Alexander Mckenzie once incumbent at the said kirk bot deprived from being Ministers their by Sentence of the Lords of his Majesties privy Councill for his disaffectione to his Majesties governments And that albeit by the said Sentence he was ordained to remove from the Same Bot also the said Mr George Clepan purswer was refused any house or shelter within the said paroch and that principally by the procurement of Dame […] Halyburtonne now Spouse to Mr Rory McKenzie of Prestonhall and Mr George Halyburtone late Bishop of Aberdein who unwarantably preaches at the Halltoine of Newtyle within the said paroch and furder when the said Mr George Clepan had lately reapt the corne of his Gleib and hade caused stack the same in the yeard belonging to the Manse, yet upon the Nynteinth or ane or other of the dayes of September last the persones following Viz Issobell Smith Margrat Beg and Jean Syme all servants to the said Dame […] Halyburtone with Margaret Ratray spouse to John Chrystie Shooll master in Newtyle Christian Luke his servant, Margaret Martine spouse to James Fener Church officer ther Euphan Kyle spouse to David Smith brewer ther Jean Allardyce spouse to Alexander Moncurr taylot ther Issobell Foord Spouse to George Kinnaird Couper ther and Cicill Kinnaird his sister, Did come most maliciously to the said yeard and throw down the said Coirnes, and threw them over the manse dykes, casting them furth in a destroying maner wherby they were Laid in broad bond and defacto the nixt night were greatly spoilled by a heavy rain that then fell all which was done by the causeing sending hunding out or ratihabition of the said Dame […] Halyburton who maliciously Saw the Same done without offering to restraine so much as her oun servants Which malice of the said Dame […] Halyburtone is so much the more malicious that it is a farder Cryme added by her to the Ryot of which she is accessory against the said Mr James Marr upon the fyftein day of May Jaj vic nyntie Eight years And for which She Stands also accused with the said Mr Rorie Mckenzie her husband for his intrest before the Lords of his majesties privy Councill In so farr as the said Mr James Marr haveing been sent by the presbytrie to preach in the said kirk of Newtyle then vaccant he found the Church doors Shutt and a multitude of men and women gaurding the same with the haill Church yeard dykes round about, so that when the said Mr James offered to enter he was by them violently opposed especially by Duncan Mckenzie Alexander Mccleod James Brown and Patrick Gordon on all servants to the said Prestonhall and the other persones mentioned in the said lybell against whom also for her Contumacie and not Compearing Certificatione was granted, and which ryot was of the Causeing hounding out or Ratihabitione of the said Dame […] Halyburtone and her spouse for her intrest who were at the time in the kirk hearing one Mr William Ratray a deprived Minister for his dissatisfactione to the Government Likeas the said Dame […] Halyburtone did at that time send order to all the tennents about the said kirk not to suffer the Minister Sent by the presbytrie to enter the kirk nor to give him, so much as a drink of watter which was accordingly done, and furder when Mr James Robertsone was again sent by the presbytrie to preach the nixt Sabbath at the said kirk of Newtyle, The said Mr James did againe find the kirk and kirk yeard Shutt barracaded and guarded albeit mostly by the persones abovenamed and by the instigatione abovementioned, Wherby the said Mr James was was repulsed as the said lybell formerly insisted in upon the twenty Eight of June Jaj vic nyntie Eight years, and then continued as to Prestonhall his Lady and Servant more fully bears Likeas to foment and increase the nottour dissatisfaction of the said place and paroch the said Mr George Halyburtone late Bishop of Aberdeen, albeit not qualified according to Law presumes to preach at the said Haltoune of Newtyle and hath Likewayes taken upon him to ordaine Ministers such as Mr George Anderson some time Chaplaine to the Earle of Forfarr about a year agoe all Contrary to the express acts of parliament By all which its evident That the forsaid Dame […] Halyburton, Mr George Halyburtone, Mr Alexander Mckenzie and the haill other persones abovenamed are guilty airt and part of the Crymes and disorders above Lybelled or ane or other of them, which being duely proven The said Dame […] Halyburtone and her said husband for his intrest as also the forsaid other persones above mentioned ought to be punished by sentance of the Lords of his Majesties privy Councill in their persones and goods to the example and terror of others to committ the like in time comeing; And Anent the Charge given to the haill fornamed persones defenders To have Compeared personally before the saids Lords at ane Certaine day now bygone To answer to the points of the forsaid Complaint and to hear and See such order and Course taken theranent as they shall find Just As in the forsaid Lybell or Letters and executiones therof at more Length is contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill and the said Mr George Clepane one of the pursuers Compearing personally And the rest of the pursuers being oft times called and not Compearing, And Sir James Stewart his Majesties advocat Compearing as advocat for the haill pursuers, And the haill defenders named in the lybell except the Lady Prestonhall and Alexander Mccleod servitor to Mr Rorie Mckenzie of Prestonhall being all Lawfullie cited oft times called and not Compearing, Mr Alexander Mccleod advocat produced a declaratione subscrybed by Mr David Fortheringhame doctor of medicine at Dundie wherby he declares upon his soul and Conscience that the said Dame Margrat Halyburtone Lady Prestonhall by reasone of her indispositione of body cannot travell to Edinburgh without danger of her life The saids Lords of his majesties privy Councill Haveing Considered the above Lybell with the declaratione of the Lady Prestonhalls indispositione They hereby Sustaine the forsaid declaratione as a sufficient excuse for the Ladies absence And In respect that the haill defenders contained in the lybell are all absent except the said Alexander Mccleod, Therfore the saids Lords Grants Certificatione against the haill defenders Contained in the lybell for their absence and not Compearance (Except the Lady Prestonhall and Alexander Mccleod) and ordaines Letters of Denunciatione to be direct to macers or messengers at armes to pass to the marcat Cross of […] and other places needfull, and ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the haill abovenamed defenders Contained in the above Lybell (Except the said Lady Prestonhall and Alexander Mccleod) and to ordaine all their moveable goods and geir to be Escheat and inbrought to his Majesties use for their contempt and disobedience And the saids Lords Gives order and warrand to the Sherriff principall of the Shire of Forfarr within which the paroch of Newtyle Lyes or his deputes to take care to see the above Mr George Clepane Minister at Newtyle entered and keept in the peaceable possessione of the Manse of Newtyle with the Gleib and kirk of the said paroch.
Att Edinburgh the Nynth day of November Jaj vic Nyntie Nyne years
D1699/11/2
Decreet
Denunciation Clepan and others against Halyburton and others
Anent the lybell or Letters of Complaint raised before the Lords of his Majesties privy Councill be Mr George Clepan minister at the kirk of Newtylle Mr James Marr minister at Murrayes in Angus and Mr James Robertson Minister at Glenmuick in Aberdeen Shyre with Concourse of Sir James Stewart his Majesties advocat for his highnes intrest in the matter underwrittin Making Mention That wher by the Lawes and acts of parliament all men ought to keep the publict peace and all wrong and violence is strictly prohibit and particularly Ministers of the Gospell whose functions and persones are seized, are under the more speciall protectione of the saids Lawes and all injuries and violence Committed against them are thereby more heavily aggravated Nevertheless It is of verity that the said Mr George Clepeine haveing been Lawfullie and orderly ordained ministers at the said kirk of Newtyle is not only to this day denyed the possession of his Manse, and the said Manse and the possessione therof violently detained from him by Mr Alexander Mckenzie once incumbent at the said kirk bot deprived from being Ministers their by Sentence of the Lords of his Majesties privy Councill for his disaffectione to his Majesties governments And that albeit by the said Sentence he was ordained to remove from the Same Bot also the said Mr George Clepan purswer was refused any house or shelter within the said paroch and that principally by the procurement of Dame […] Halyburtonne now Spouse to Mr Rory McKenzie of Prestonhall and Mr George Halyburtone late Bishop of Aberdein who unwarantably preaches at the Halltoine of Newtyle within the said paroch and furder when the said Mr George Clepan had lately reapt the corne of his Gleib and hade caused stack the same in the yeard belonging to the Manse, yet upon the Nynteinth or ane or other of the dayes of September last the persones following Viz Issobell Smith Margrat Beg and Jean Syme all servants to the said Dame […] Halyburtone with Margaret Ratray spouse to John Chrystie Shooll master in Newtyle Christian Luke his servant, Margaret Martine spouse to James Fener Church officer ther Euphan Kyle spouse to David Smith brewer ther Jean Allardyce spouse to Alexander Moncurr taylot ther Issobell Foord Spouse to George Kinnaird Couper ther and Cicill Kinnaird his sister, Did come most maliciously to the said yeard and throw down the said Coirnes, and threw them over the manse dykes, casting them furth in a destroying maner wherby they were Laid in broad bond and defacto the nixt night were greatly spoilled by a heavy rain that then fell all which was done by the causeing sending hunding out or ratihabition of the said Dame […] Halyburton who maliciously Saw the Same done without offering to restraine so much as her oun servants Which malice of the said Dame […] Halyburtone is so much the more malicious that it is a farder Cryme added by her to the Ryot of which she is accessory against the said Mr James Marr upon the fyftein day of May Jaj vic nyntie Eight years And for which She Stands also accused with the said Mr Rorie Mckenzie her husband for his intrest before the Lords of his majesties privy Councill In so farr as the said Mr James Marr haveing been sent by the presbytrie to preach in the said kirk of Newtyle then vaccant he found the Church doors Shutt and a multitude of men and women gaurding the same with the haill Church yeard dykes round about, so that when the said Mr James offered to enter he was by them violently opposed especially by Duncan Mckenzie Alexander Mccleod James Brown and Patrick Gordon on all servants to the said Prestonhall and the other persones mentioned in the said lybell against whom also for her Contumacie and not Compearing Certificatione was granted, and which ryot was of the Causeing hounding out or Ratihabitione of the said Dame […] Halyburtone and her spouse for her intrest who were at the time in the kirk hearing one Mr William Ratray a deprived Minister for his dissatisfactione to the Government Likeas the said Dame […] Halyburtone did at that time send order to all the tennents about the said kirk not to suffer the Minister Sent by the presbytrie to enter the kirk nor to give him, so much as a drink of watter which was accordingly done, and furder when Mr James Robertsone was again sent by the presbytrie to preach the nixt Sabbath at the said kirk of Newtyle, The said Mr James did againe find the kirk and kirk yeard Shutt barracaded and guarded albeit mostly by the persones abovenamed and by the instigatione abovementioned, Wherby the said Mr James was was repulsed as the said lybell formerly insisted in upon the twenty Eight of June Jaj vic nyntie Eight years, and then continued as to Prestonhall his Lady and Servant more fully bears Likeas to foment and increase the nottour dissatisfaction of the said place and paroch the said Mr George Halyburtone late Bishop of Aberdeen, albeit not qualified according to Law presumes to preach at the said Haltoune of Newtyle and hath Likewayes taken upon him to ordaine Ministers such as Mr George Anderson some time Chaplaine to the Earle of Forfarr about a year agoe all Contrary to the express acts of parliament By all which its evident That the forsaid Dame […] Halyburton, Mr George Halyburtone, Mr Alexander Mckenzie and the haill other persones abovenamed are guilty airt and part of the Crymes and disorders above Lybelled or ane or other of them, which being duely proven The said Dame […] Halyburtone and her said husband for his intrest as also the forsaid other persones above mentioned ought to be punished by sentance of the Lords of his Majesties privy Councill in their persones and goods to the example and terror of others to committ the like in time comeing; And Anent the Charge given to the haill fornamed persones defenders To have Compeared personally before the saids Lords at ane Certaine day now bygone To answer to the points of the forsaid Complaint and to hear and See such order and Course taken theranent as they shall find Just As in the forsaid Lybell or Letters and executiones therof at more Length is contained, Which Lybell being this day called in presence of the saids Lords of his majesties privy Councill and the said Mr George Clepane one of the pursuers Compearing personally And the rest of the pursuers being oft times called and not Compearing, And Sir James Stewart his Majesties advocat Compearing as advocat for the haill pursuers, And the haill defenders named in the lybell except the Lady Prestonhall and Alexander Mccleod servitor to Mr Rorie Mckenzie of Prestonhall being all Lawfullie cited oft times called and not Compearing, Mr Alexander Mccleod advocat produced a declaratione subscrybed by Mr David Fortheringhame doctor of medicine at Dundie wherby he declares upon his soul and Conscience that the said Dame Margrat Halyburtone Lady Prestonhall by reasone of her indispositione of body cannot travell to Edinburgh without danger of her life The saids Lords of his majesties privy Councill Haveing Considered the above Lybell with the declaratione of the Lady Prestonhalls indispositione They hereby Sustaine the forsaid declaratione as a sufficient excuse for the Ladies absence And In respect that the haill defenders contained in the lybell are all absent except the said Alexander Mccleod, Therfore the saids Lords Grants Certificatione against the haill defenders Contained in the lybell for their absence and not Compearance (Except the Lady Prestonhall and Alexander Mccleod) and ordaines Letters of Denunciatione to be direct to macers or messengers at armes to pass to the marcat Cross of […] and other places needfull, and ther in his Majesties name and authoritie duely Lawfullie and orderly denounce the haill abovenamed defenders Contained in the above Lybell (Except the said Lady Prestonhall and Alexander Mccleod) and to ordaine all their moveable goods and geir to be Escheat and inbrought to his Majesties use for their contempt and disobedience And the saids Lords Gives order and warrand to the Sherriff principall of the Shire of Forfarr within which the paroch of Newtyle Lyes or his deputes to take care to see the above Mr George Clepane Minister at Newtyle entered and keept in the peaceable possessione of the Manse of Newtyle with the Gleib and kirk of the said paroch.
