Tag Archives: acta

Order, 13 June 1706, Edinburgh

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Att Edinburgh the thretteinth day of June Jaj vijc and Six years

A1706/6/171

Order

Recommendation to the Privy Councell to Send a partie of forces to ly att Hawick for Suppressing Vagabounds in that Countrie

The Lords of her Majesties privie Councell haveing heard and considered the Letter wrott by the Shirreff of Teviotdale to her Majesties Advocat anent certaine disorders in that Country Committed by Vagabounds and Sorners, Craveing the direction and assistance of the Government for Suppressing the Same, The Saids Lords heirby Recommends to the Marques of Montrose Lord President of Privie Councell to Speak with the Commander in Chieff of her Majesties forces to Send a detatchment of the forces, Under the Command of a Livetennant to Ly att Hawick, And to be ready to assist the Shirreff when by him requyred for Seasing and Suppressing the said Vagabounds, as occasion Shall offerr.

At Edinburgh 13 June 1706

A1706/6/171

Order

Recommendation [by] the privy council to send a party of forces to lie at Hawick for suppressing vagabonds in that country

The lords of her majesty’s privy council having heard and considered the letter written by the sheriff of Teviotdale [Roxburghshire] to her majesty’s advocate concerning certain disorders in that country committed by vagabonds and sorners, craving the direction and assistance of the government for suppressing the same, the said lords hereby recommend to [James Graham] the marquis of Montrose, lord president of privy council, to speak with the commander in chief of her majesty’s forces to send a detachment of the forces under the command of a lieutenant to lie at Hawick, and to be ready to assist the sheriff when by him required for seizing and suppressing the said vagabonds, as occasion shall offer.

1. NRS, PC1/53, 473.

1. NRS, PC1/53, 473.

Sederunt, 13 June 1706, Edinburgh

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Att Edinburgh the thretteinth day of June Jaj vijc and Six years1

A1706/6/162

Sederunt

Marquis of Montrose; Earl of Buchan; Earl of Glencairne; Earl of Bellcarras; Earl of Forfar; Earl of Dunmore; Earl of Ruglen; Earl of Cromartie; Lord Haddo; Lord Elibank; Lord Register; Lord Advocat; Lord Arniestoun; Lord Ensteruther; Lord Rankeillor; Lord Pollock; Lord Minto

Att Edinburgh 13 June 17061

A1706/6/162

Sederunt

[James Graham] marquis of Montrose; [David Erskine] earl of Buchan; [William Cunningham] earl of Glencairn; [Colin Lindsay] earl of Balcarres; [Archibald Douglas] earl of Forfar; [Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [George Mackenzie] earl of Cromartie; [William Gordon] Lord Haddo; [Alexander Murray] Lord Elibank; [Sir James Murray of Philiphaugh] lord register; [Sir James Stewart of Goodtrees] lord advocate; [Robert Dundas] Lord Arniston; [William] Lord Anstruther; [Sir Archibald Hope] Lord Rankeillor; [Sir John Maxwell] Lord Pollok; [Gilbert Elliot] Lord Minto

1. NRS, PC1/53, 473.

2. NRS, PC1/53, 473.

1. NRS, PC1/53, 473.

2. NRS, PC1/53, 473.

Decreet, 11 June 1706, Edinburgh

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Att Edinburgh the Ellevinth day of June Jaj vijc and Six years

A1706/6/151

Decreet

Decreit of Certification John Blair Agent for the Kirk against Mr Alexander Muir, and Mr Alexander Craig Intruders at Frasersburgh

Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties privie Councell att the instance of John Blair Agent for the Kirk, with concourse of Sir James Steuart her Majesties Advocat for her highness Interest in the matter wnderwrytten, Makeing mention That wher by the fyfth act parliament Jaj vic and nyntie, Presbyterian Church Government and discipline Is ratified and Confirmed, to be the only Government of Chrysts Church, As also by the Sixth Act parliament Jaj vic nyntie three, It is Statute that Ministers not Swearing the oath of alleadgance, And Subscrybeing the Same with the Assurance, Shall be depryved of ther benefices, and punished by banishment or otherwayes as the Lords of our Privie Councell Shall think fitt; And Sicklyke by the Twentie Second Act of the parliament Jaj vic nyntie fyve, It is Statude and ordained that no persone Shall intrude himselfe into any Church, or exercise any pairt of the Ministeriall function within any parish, without ane orderly Call from the heretors and Eldershipe, And legall Admission from the presbetrie within whose bounds it lyes, Lykeas by the Second Act of the parliament Jaj vijc and three, all the saids acts, and other laws and Status for establishing presbyterian Church Government, are ratified and approven, In the haill heads, articles, clauses, and Circumstances therof: Nevertheless it is of verity that in Mr Alexander Muir probationer, And Mr Alexander Craig Sometyme Minister in Zetland, Shakeing of all2 reguard to our laws and authority have of late Intruded themselves into the Church and parish of Fraserburgh, and Setts up and preaches therin, And Exercises all the other pairts of the Ministeriall function, as baptiseing, marrieing etc without being qualified according to law, In manifast contempt of the saids laws and acts of parliament So that the presbetrie of the bounds Is disabled from takeing care of the people of that parish by getting a legall Setled Minister ther, And the said Kirk duly and legally planted, By all which it is evident that the said Mr Alexander Muir, and Mr Alexander Craik, are guilty of a manifast intrusion and contempt against the present Setled constitution of the Church, And of a high contempt of our laws and authority, which being proven they and ilk ane of them, ought to be punished with the pains of law, as the Lords of our privie Councill Shall think fitt to the example and terror of others to committ the lyke in tyme comeing, And Anent the charge given to the saids defenders to have compeared befor the Saids Lords of Privie Councill att a certaine day bygone, To answer to the grounds of the Said Complaint, And to have heard and Seen Such order and course taken theranent as appertains, wnder the pain of rebellion and putting them to the horne, with certification etc as in the said lybell and letters of Complaint and executions therof, att more length is contained; The within lybell att the instance of John Blair Agent for the Kirk against Mr Alexander Muir probationer, and Mr Alexander Craig Sometyme Minister in Zetland, Being called, and the persewer Compearing personallie att the Barr, and the defenders being Both Lawfullie Sumoned, oft tymes Called and not Compearing, The Lords of her Majesties Privie Councill Grants Certification against the Saids defenders And ordains letters of denounciation to be direct heirupon to Meacers or messengers to pass to the mercat Cross of […] and other places needfull, And ther in her Majesties name and authority Duly, lawfully and orderly denounce them her Majesties rebells, and putt them to her highness horne Escheat and inbring all ther moveable goods and gear to her Majesties use for ther contempt and disobedience.

At Edinburgh 11 June 1706

A1706/6/151

Decreet

Decreet of certification John Blair, agent for the Kirk, against Mr Alexander Muir and Mr Alexander Craig, intruders at Fraserburgh

Concerning the libel and cetters of complaint raised and pursued before the lords of her majesty’s privy council at the instance of John Blair, gent for the Kirk, with concurrence of Sir James Stewart, her majesty’s advocate, for her highness’ interest, in the matter underwritten, making mention that where by the 5th act [of the] parliament [of] 1690, presbyterian Church government and discipline is ratified and confirmed to be the only government of Christ’s Church; as also by the 6th act [of the] parliament [of] 1693 it is statute that ministers not swearing the oath of allegiance and subscribing the same with the assurance shall be deprived of their benefices, and punished by banishment or otherwise as the lords of our privy council shall think fit; and suchlike by the 22nd act of the parliament [of] 1695 it is statute and ordained that no person shall intrude himself into any church, or exercise any part of the ministerial function within any parish, without an orderly call from the heritors and eldership, and legal admission from the presbytery within whose bounds it lies; likewise by the 2nd act of the parliament [of] 1693, all the said acts, and other laws and statutes for establishing presbyterian Church government are ratified and approved, in the whole heads, articles, clauses, and circumstances thereof; Nevertheless it is of verity that in Mr Alexander Muir, probationer, and Mr Alexander Craig, sometime Minister in Shetland, shaking of all regard to our laws and authority have of late intruded themselves into the church and parish of Fraserburgh, and set up and preached therein, and exercise all the other parts of the ministerial function, [such] as baptising, marrying, etc without being qualified according to law, in manifest contempt of the said laws and acts of parliament, so that the presbytery of the bounds is disabled from taking care of the people of that parish by getting a legal settled minister there, and the said kirk duly and legally planted. By all which it is evident that the said Mr Alexander Muir and Mr Alexander Craig are guilty of a manifest intrusion and contempt against the present settled constitution of the Church, and of a high contempt of our laws and authority, which being proven they and each one of them ought to be punished with the pains of law, as the lords of our privy council shall think fit, to the example and terror of others to commit the like in time coming. And concerning the charge given to the said defenders to have appeared before the said lords of privy council at a certain day bygone to answer to the grounds of the said complaint, and to have heard and seen such order and course taken therein as appropriate, under the pain of rebellion and putting them to the horn, with certification etc as in the said libel and letters of complaint and executions thereof at more length is contained. The within libel at the instance of John Blair, agent for the Kirk, against Mr Alexander Muir, probationer, and Mr Alexander Craig, sometime minister in Shetland, being called, and the pursuer appearing personally at the bar, and the defenders being both lawfully summoned, often called, and not appearing, the concurrence grant certification against the said defenders, and ordain letters of denunciation to be direct hereupon to macers or messengers to pass to the mercat cross of […] and other places needful, and there in her majesty’s name and authority duly, lawfully, and orderly denounce them her majesty’s rebels, and put them to her highness’ horn [and] escheat and bring in all their moveable goods and gear to her majesty’s use for their contempt and disobedience.

1. NRS, PC1/53, 472-3.

2. The letters ‘fea’ scored out here.

1. NRS, PC1/53, 472-3.

2. The letters ‘fea’ scored out here.

Sederunt, 11 June 1706, Edinburgh

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Att Edinburgh the Ellevinth day of June Jaj vijc and Six years1

A1706/6/142

Sederunt

Marquis of Montrose; Earl of Buchan; Earl of Findlater; Earl of Bellcarras; Earl of Forfar; Earl of Dunmore; Earl of Ruglen; Earl of Cromartie; Viscount Primrose; Lord Register; Lord Advocat; Lord Arniestoun; Lord Ensteruther; Lord Pollock; Lord Tilliecultrie; Lord Minto

At Edinburgh 11 June 17061

A1706/6/142

Sederunt

[James Graham] marquis of Montrose; [David Erskine] earl of Buchan; [James Ogilvie] earl of Findlater; [Colin Lindsay] earl of Balcarres; [Archibald Douglas] earl of Forfar; Charles Murray] earl of Dunmore; [John Hamilton] earl of Ruglen; [George Mackenzie] earl of Cromartie; James viscount of Primrose; [Sir James Murray of Philiphaugh] lord register; [Sir James Stewart of Goodtrees] lord advocate; [Robert Dundas] Lord Arniston; [William] Lord Anstruther; [Sir John Maxwell] Lord Pollok; [Robert Stewart] Lord Tillicoultry; [Gilbert Elliot] Lord Minto

1. NRS, PC1/53, 472.

2. NRS, PC1/53, 472.

1. NRS, PC1/53, 472.

2. NRS, PC1/53, 472.

Proclamation, 8 June 1706, Edinburgh

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Att Edinburgh the Eight day of June Jaj vijc and Six years

A1706/6/131

Proclamation

Proclamation for A Nationall Thanksgiveing

Proclamation for a Solemne Nationall thanksgiveing to be observed the nynth of July nixt to come, Read, voted, approven, Signed, and ordered to be recorded, printed and published, the tenor wherof is as follows.
Anne by the Grace of God, Queen of Great Brittaine; France and Irland defender of the faith, To […] meacers of our privie Councell, Messengers att armes our Shirreffs in that pairt Conjunctllie and Severallie Speciallie constitut, Greeting, Forasmuchas it hath pleased the Almightie God to bless and prosper the armes of ws and our allyes with Such great and wnparaleilled victories and Successes against the enemies of the true protestant Religion, and of the liberties of Christendome both in the Neatherlands, and in Catalonia and else which as are truly wonderfull in the eyes of God, and that it is our duty to returne due thanks and praise into his name, as also to implore the continuance of the divyne aid and assistance, with our armies and forces as well by Sea as land for carrieing on this warr to a happie conclusion of a firme and lasting peace, And that notwithstanding the great and manifold Sins and provocations, which to our deep and sade regrait, doe So much abound among ws, And that for those reasons the presbetrie of Edinburgh In behalfe of the Church and Ministers therof; have applyed to the Lords of our Privie Councell, That a day of Soelmn thanksgiveing and prayer may be appoynted In maner aftermentioned; Therfore wee have thought fitt, with advyce of the Lords of our privie Councell to appoynt, Lykeas wee heirby Appoynt and Ordaine a day of Solemn thanksgiveing and prayer to our great and Gracious God to be observed throughout this wholl kingdome upon the Second Twesday being the nynth of July nixt to come; Which day wee heirby peremptorlie injoyne to be keeped with all Religious exercises Suteable to Such ane occasion, And by all Ministers and others therin concerned, as they will be answerable under their highest perrill, Our Will is Heirfore and wee charge yow that in continent thir our Letters Seen ye pass to the mercat Cross of Edinburgh, And to the mercat Crosses of the remanent head burghs of the Severall Shyres within this kingdome, And there in our name and authority make publication heirof that non pretend ignorance, And ordains our Solicitors to cause send printed coppies heirof to the Shirreffs of the Severall Shyres, and ther Clerks, whom wee ordaine to See the Samen published, And appoynts them to Send doubles therof to the Ministers within there bounds that upon the Lords day imediatly preceeding the said day above mentioned, the Same may be published and read, And ordains these presents to be printed, Given under our Signet att Edinburgh the eight day of June, And of our reigne the fyfth year Jaj vijc and Six. Sic Subscribitur Buchan James Murray. Robert Dundas. William Anstruther. A Hope. John Maxwell. Robert Steuart. Gilbert Eliot. John Cockburne.

At Edinburgh 8 June 1706

A1706/6/131

Proclamation

Proclamation for a national thanksgiving

Proclamation for a solemn national thanksgiving to be observed [on] 9 July next to come read, voted, approved, signed, and ordered to be recorded, printed, and published, the tenor whereof is as follows:
Anne by the grace of God queen of Great Britain, France, and Ireland, defender of the faith, to […] macers of our privy council, messengers at arms, our sheriffs in that part conjunctly and severally specially constituted, greeting. Forasmuch as it has pleased the almighty God to bless and prosper the arms of us and our allies with such great and unparalleled victories and successes against the enemies of the true Protestant Religion, and of the liberties of Christendom, both in the Netherlands, and in Catalonia and elsewhere, which as are truly wonderful in the eyes of God, and that it is our duty to return due thanks and praise into his name, as also to implore the continuance of the divine aid and assistance, with our armies and forces as well by sea as land for carrying on this war to a happy conclusion of a firm and lasting peace, and that notwithstanding the great and manifold sins and provocations which to our deep and sad regret do so much abound among us, and that for those reasons the presbytery of Edinburgh on behalf of the Church and ministers thereof has applied to the lords of our privy council that a day of solemn thanksgiving and prayer may be appointed in manner after mentioned. Therefore we have thought fit, with advice of the lords of our privy council, to appoint, likewise we hereby appoint and ordain a day of solemn thanksgiving and prayer to our great and gracious God to be observed throughout this whole kingdom upon the second Tuesday, being 9 July next to come, which day we hereby peremptorily enjoin to be kept with all religious exercises suitable to such an occasion, and by all ministers and others therein concerned, as they will be answerable under their highest peril. Our will is therefore and we charge you that immediately these our letters [are] seen you pass to the mercat cross of Edinburgh, and to the mercat crosses of the remanent head burghs of the several shires within this kingdom, and there in our name and authority make publication hereof that none pretend ignorance. And ordain our solicitors to cause send printed copies hereof to the sheriffs of the several shires and their clerks, whom we ordain to see the same published. And appoint them to send doubles thereof to the ministers within their bounds that upon the lord’s day immediately preceding the said day above mentioned, the same may be published and read. And ordain these present to be printed. Given under our signet at Edinburgh 8 June, and of our reign the fifth year 1706. Sic Subscribitur Buchan; James Murray; Robert Dundas; William Anstruther; A Hope; John Maxwell; Robert Stewart; Gilbert Eliot; John Cockburn.

1. NRS, PC1/53, 472.

1. NRS, PC1/53, 472.

Procedure, 8 June 1706, Edinburgh

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Att Edinburgh the Eight day of June Jaj vijc and Six years

A1706/6/121

Procedure

[Buchan elected preses]

In absence of the Lord high Chancellor and Lord President of Councell, The Earle of Buchan elected preses.

At Edinburgh 8 June 1706

A1706/6/121

Procedure

[Buchan elected preses]

n absence of [James Ogilvie, earl of Seafield] the lord high chancellor and [James Graham, marquis of Montrose] lord president of privy council, [David Erskine] the earl of Buchan elected preses.

1. NRS, PC1/53, 472.

1. NRS, PC1/53, 472.

Sederunt, 8 June 1706, Edinburgh

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Att Edinburgh the Eight day of June Jaj vijc and Six years1

A1706/6/112

Sederunt

Earl of Buchan; Lord Register; Lord Arniestoun; Lord Ensteruther; Lord Rankeillor; Lord Pollock; Lord Tilliecultrie; Lord Minto; Laird of Ormiestoun younger

At Edinburgh 8 June 17061

A1706/6/112

Sederunt

[David Erskine] earl of Buchan; [Sir James Murray of Philiphaugh] lord register; [Robert Dundas] Lord Arniston; [William] Lord Anstruther; [Sir Archibald Hope] Lord Rankeillor; [Sir John Maxwell] Lord Pollok; [Robert Stewart] Lord Tillicoultry; [Gilbert Elliot] Lord Minto; [John Cockburn] laird of Ormiston younger

1. NRS, PC1/53, 471.

2. NRS, PC1/53, 471.

1. NRS, PC1/53, 471.

2. NRS, PC1/53, 471.

Letter: from the Council, 6 June 1706, Edinburgh

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Att Edinburgh the Sixth day of June Jaj vijc and Six years

A1706/6/101

Letter: from the Council

Letter from the Councell To the Secretary of State for Convoys to Scots Ships in the Balltick

Letter from the Councell to the Earle of Loudoun Secretary of State to be Laid befor her Majestie for Convoys to Some Scots Ships in the Balltick, Read, voted, approven, and ordered to be recorded, and Recommended to the Earle of Buchan to Signe and transmitt the Same to Court, The tenor wherof follows.
My Lord
Ther hath been a representation made to the Lords of privie Councell Inbehalfe of a great many Scots masters of Ships now abroad in the Balltick, that sometyme in June ther may be Twentie fyve or Threttie Saill of Scots Ships att Gottenbegh that will need a Convoy for Scotland, And therfor desyreing that orders may be given to Captain Gordon and to Captain Hamillton to come that length and Convoy them homeward, As the coppy of the letter from Dantzick in Apryll last to one of the Clerks of Councell heirwith sent bears, Wherupon wee thought fitt that the case should be transmitted to your lordships to be laid befor her Majestie, with our opinion, which is that because our frigots cannot be wanting to defend our coasts now in the Summer from Small privateers that infest ws, Therfor it may please her Majestie to give her Royall orders to the Admirality of England to Send two or three of Majesties Ships of warr for this Convoy My Lord, This would be a considerable kindness and advantage to this kingdome, and the trade therof, And therfor wee again recommend it to your lordships care, And whatever her Majestie Shall appoynt, Shall be duly Signified to these concerned, But this being now the Seasone, wee expect your lordships answer with the first conveniencie, Signed in presence, By order, and in name of the Lords of her Majesties privie Councell By, My Lord, Your Lordships most humble Servant Sic Subscribitur Buchan.

At Edinburgh 6 June 1706

A1706/6/101

Letter: from the Council

Letter from the council to the secretary of state for convoys to Scots ships in the Baltic

Letter from the council to [Hugh Campbell] the earl of Loudoun, secretary of state, to be Laid before her majesty for convoys to some Scots ships in the Baltic read, voted, approved, and ordered to be recorded, and recommended to [David Erskine] the earl of Buchan to sign and transmit the same to court. The tenor whereof follows.
My Lord
There has been a representation made to the lords of privy council on behalf of a great many Scots masters of ships now abroad in the Baltic that some time in June there may be twenty-five or thirty sail of Scots ships at Gothenburg that will need a convoy for Scotland, and therefore desiring that orders may be given to Captain Gordon and to Captain Hamilton to come that length and convoy them homeward, as the copy of the letter from Danzig [Gdansk] in April last to one of the clerks of council herewith sent bears. Whereupon we thought fit that the case should be transmitted to your lordships to be laid before her majesty, with our opinion, which is that because our frigates cannot be wanting to defend our coasts now in the summer from small privateers that infest us, therefore it may please her majesty to give her royal orders to the admiralty of England to send two or three of [her] majesty’s ships of war for this convoy. My Lord, this would be a considerable kindness and advantage to this kingdom, and the trade thereof, and therefor we again recommend it to your lordship’s care, and whatever her majesty shall appoint, shall be duly signified to those concerned. But this being now the season, we expect your lordship’s answer with the first conveniency. Signed in presence, by order, and in [the] name of the lords of her majesty’s privy council by, my lord, your lordship’s most humble servant Sic Subscribitur Buchan.

1. NRS, PC1/53, 471.

1. NRS, PC1/53, 471.

Procedure, 6 June 1706, Edinburgh

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Att Edinburgh the Sixth day of June Jaj vijc and Six years

A1706/6/91

Procedure

[Draft proclamation]

The Lords of her Majesties privie Councell Doe heirby Recommend to Sir James Steuart her Majesties Advocat to prepare and bring in to the Councell to morrow at Twelve acloak, a proclamation for a Nationall thanks-giving to be observed on the Second Tuesday of July for rendering thanks to Almightie God for the glorious and Signall victories It hath pleased God to bless her Majesties and Allyes armies over the French.

At Edinburgh 6 June 1706

A1706/6/91

Procedure

[Draft proclamation]

The lords of her majesty’s privy council do hereby recommend to Sir James Stewart, her majesty’s advocate, to prepare and bring in to the council tomorrow at 12 o’clock a proclamation for a national thanksgiving to be observed on the second Tuesday of July for rendering thanks to almighty God for the glorious and signal victories it has pleased God to bless her majesty’s and allies’ armies over the French.

1. NRS, PC1/53, 471.

1. NRS, PC1/53, 471.

Procedure, 6 June 1706, Edinburgh

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Att Edinburgh the Sixth day of June Jaj vijc and Six years

A1706/6/81

Procedure

Recommendation to the Lord Advocat to raise a proces against Mr James Hunter for Intrusion at St Ninians

Anent the petition given in and presented to the Lords of her Majesties privie Councell By John Blair Agent for the Church, Shewing That wher ther lordships by ther act of the date the sevinth day of July Jaj vic nyntie eight years, bearing that Sir James Steuart her Majesties Advocat had represented to their lordships that Mr James Hunter late Minister at Stirling, who was depryved by ther lordships Act of the date the nynth day of June Jaj vic nyntie Six, and who keept a meeting house within the parliament of St Ninians, Being by ther lordships putt from that meeting house, albeit Since the Councells Sentence he had desisted to preach at the said meeting house, yet he imployed other persons not qualified, and disaffected to the Government to preach at the Same The Saids Lords did ordaine the Said meeting house to be closed and Shutt up, And recommended to Livetennant Coll John Erskine then deputy Governour of the Castell of Stirling, to See the Same accordingly done, And to take care that the Samen be not made open again, nor made use for preaching or exerceing any pairt of the Ministeriall function therat in tyme comeing otherwayes then by order of law, Notwithstanding wherof, and of the said Mr James Hunter his being depryved by the saids Lords, and not qualified according to law, He Still continues to preach in the said parish, tho (to elide the saids Lords Sentence) in a Gentlemans house, And the Commission of the late Generall assembly considering that the said act had hitherto taken no effect, and how necessary it is for the Safety and quyet of the Government, that the Samen be made effectuall, They had appoynter the petitioner to apply to the saids Lords for renewing the said act, Especiallie considering the Saids Lords late proclamation against Intruders wnder which, its conceaved, the said Mr James Hunter does natively fall, And therfor Craveing it might please the saids Lords to take the premises to their Serious consideration for renewing the said act, And to ordaine the said meeting house within the said parish of St Ninians to be closed and Shutt up, and to recommend to whom ther lordships thought fitt that the said meeting house may be Shutt up, And to take care that the Samen, nor any other in the said parish contrair to law and prejudiciall to the Government might be allowed, as the said petition bears. The Lords of her Majesties Privie Councell haveing considered this petition given in to them by John Blair Agent for the Kirk, And the Samen being read in their presence, The Saids Lords Doe heirby Recommend to Sir James Steuart her Majesties Advocat to insist against Mr James Hunter by a lybell befor their lordships for his Intrusion into the parish of St Ninians, as he Shall think fitt.

At Edinburgh 6 June 1706

A1706/6/81

Procedure

Recommendation to the lord advocate to raise a process against Mr James Hunter for intrusion at St Ninians

Concerning the petition given in and presented to the lords of her majesty’s privy council by John Blair, agent for the Church, showing that where their lordships by their act of the date 7 July 1698, bearing that Sir James Stewart, her majesty’s advocate, had represented to their lordships that Mr James Hunter, late minister at Stirling, who was deprived by their lordships’ act of the date 9 June 1696, and who kept a meeting house within the parliament of St Ninians, being by their lordships put from that meeting house, albeit since the council’s sentence he had desisted to preach at the said meeting house, yet he employed other persons not qualified, and disaffected to the government to preach at the same, the said lords did ordain the said meeting house to be closed and shut up, and recommended to Lieutenant Colonel John Erskine, then deputy governor of the castle of Stirling, to see the same accordingly done, and to take care that the same be not made open again, nor made use for preaching or exercising any part of the ministerial function thereat in time coming otherwise than by order of law, notwithstanding whereof, and of the said Mr James Hunter his being deprived by the said lords, and not qualified according to law, he still continues to preach in the said parish, though (to elide the said lords’ sentence) in a gentleman’s house, and the commission of the late general assembly considering that the said act had hitherto taken no effect. And how necessary it is for the safety and quiet of the government, that the same be made effectual, they had appointed the petitioner to apply to the said lords for renewing the said act, especially considering the said lords’ late proclamation against intruders under which, it is conceived, the said Mr James Hunter does natively fall, and therefor craving it might please the said lords to take the premises to their serious consideration for renewing the said act, and to ordain the said meeting house within the said parish of St Ninians to be closed and shut up, and to recommend to whom their lordships thought fit that the said meeting house may be shut up, and to take care that the same, nor any other in the said parish contrary to law and prejudicial to the government might be allowed, as the said petition bears. The lords of her majesty’s privy council having considered this petition given in to them by John Blair, agent for the Kirk, and the same being read in their presence, the said lords do hereby recommend to Sir James Stewart, her majesty’s advocate, to insist against Mr James Hunter by a libel before their lordships for his intrusion into the parish of St Ninians, as he shall think fit.

1. NRS, PC1/53, 470-1.

1. NRS, PC1/53, 470-1.