Att Edinburgh the Twentie first day of February Jaj vijc and Six years
A1706/2/13
A1706/2/13
Procedure: committee report
Report of the Committie anent Church irregularities and greivances
Anent a representation given in and presented to the Lords of her Majesties Privie Councell By the Commissioners of the Late Generall Assemblie of the Church of Scotland In name and by warrand of the said Generall Assemblie, Shewing that they had great reason to bless and thank ther gracious God, As they doe alewayes for Restitution and re-establishment of this Church, and for the many good laws made in that behalfe, And more especiallie for her Majesties Gracious countenance and protection, And the saids Lords ther most favourable assistance, wherby these blessing have been hitherto preserved and made effectuall to them, They needed not putt their lordships in mynd of the difficulties both ther lordships and this Church, and its Severall Commissions have mett with in getting Some good order Setled in the northerne and highland pairts of this kingdome; Nor did they intend to reflect upon Some late occurrances, which might have increased these difficulties, But haveing all assureance of her Majesties gracious favour and protection, And of their lordships good assistance, They wer therby encouraged to lay befor them their present greivances, wherof they wer perswaded the remedy, which is in ther lordships hands and power, will no less conduce to the peace and Security of the countrie, then to the true advancement of the work of the Gospell In promoveing true knowledge and pietie: The Greivances they then humbly complean of for ther lordships help and redress are /imo/ The many Intrusions that are in these pairts as /1o/ att Frasersburgh by one Mr Alexander Muir who was never a Minister of this Church in any forme whatsoever 2o/ att Auchterless by Mr Alexander Barclay depryved by the Councell for not praying and nottour disaffection, 3o/ att Ruthven By Mr John Hay depryved by the Councell for the Same causes, 4o/ att the Church of Raine by Mr Patrick Challmers who continues to intrude tho not only deprived by the Councell, but lykewayes discharged and denuonced for his intrustion /5o/ att the Colledge kirk of old Aberdeen by Mr David Nedderweek depryved by the Councell /6o/ att the Trinitie Church or Chappell in the new town of Aberdeen by Mr Andrew Burnet tho Standing discharged by act of parliament to preach in Aberdeen; All these being within the bounds of the Synode of Aberdeen, they had Sent a particular representation of them from ther Synod to be laid befor ther lordships. Their Second greivance was that wher Churches wer vaccant by death or otherwayes, the keyes are frequently abstracted by persons disaffected, and access refused to thwse sent by the presbetrie And they farther treated for essaying to preach even in the Church yeard, Ther lordships have indeed given warrand by ther act to charge the havers, but they use Such Shiftins that even tho the act of parleament 1698. hath laid Shirreffs wnder a penaltie if they give not due assistance, yet the presbetries are frustrat; And therfor It was hoped that wher application Should be made to ther lordships by presbetries, They would ordaine the Shirreffs or other Judges ordinary of the bounds, Summarly to make Churches patent as they will be answerable, And that Letters be direct for that effect, which will be more effectuall then the ordinary methode of proces, which tends principally to the inflicting of a fyne, off which they wer nowayes desyreous. Ther 3d Greivance is that the late Bishops tho exauctorat in this Church and prelacie abolished, yet take wpon to give licences to men to preach And that these men are also frequently imployed to preach by Episcopall Incumbents in ther kirks and meeting houses, as particularly Mr George Hay and Mr Robert Jamieson; which practise both of Licenceing and preaching out the said Licence, being So manifastly disorderly and contrary to law; They humbly Craved that it may be discharged in Such maner as their lordships Should Judge most convenient and effectuall, that Schisme and disorder might not be perpetuat /4o/ That wher intruders are removed from any Church or parish, wherin they had intruded, and the Sentence be given against them by the saids Lords for ther Said Intrusion, Yet these Intruders doe in a maner elide the Same either by removing only to the border of another neighbouring parish, and ther continueing to exerce the Ministeriall function to the keeping up of the disorders as formerly, or otherwayes by removing into some other parish wher they again intrude, and Sett wp as freely as if no Sentence of Intrusion had been past against them, For which they humbly conceaved that these Intruders once found guilty of intrudeing into a parish, Should not only be removed from the Same and discharged to exerce any pairt of the Ministeriall function within the bounds therof, But also discharged to intrude any wher els in any Church or parish whatsomever, wnder Such certifications as the saids Lords in ther wisdome Should think fitt, 5o/ Ther are great disorders through Intruding and wnlawfull meteing houses within the bounds of the presbeterie of Meigle, For in the parish of Newtyle, Mr Alexander Mckenzie late Episcopall Incumbent depryved by the Privie Councell, keeps a meeting house, and being Chamberlane to the Lord Prestonhall in that parish, hath Such Influence upon the people that the legall and regular Minister is much deserted and discouradged, Item in the parish of Essie and Nevoy Mr Sylvester Lambie late Episcopall Incumbent depryved by the Privie Councell, Keeps a meeting house to the great discouragment of the regular Minister, And so in the parish of Meigle Mr James Crocket in the Same circumstances with the two former, keeps a meeting house, and he being also a chamberlane to Some heretors in the parish, proves a great hinderance and discouragment to the regular Minister, and thus in Kingoldruime parish Mr George Kineir never admitted a Minister in any place, yet keeps a throng meeting house, and occasions great disorders /6o/ The Church of Fetteresso tho Lawfully planted by the presbetrie, yet is Shutt against the Minister ther placed, and one Mr Guthrie ane Intruder mantained against him, wherupon ther is a proces depending befor ther lordships, And in the presbetrie of Breichine ther are many and great Intrusions, as in the Town of Montrose by Mr William Dumbar, and in the parish of Carastoun by Mr Alexander Lindsay both Episcopall Incumbents formerly depryved by the Lords of Privie Councell, Breichine and Aberlemno are also intruded wpon by Master Skinner and Mr Ochterlounie, wher they continue notwithstanding of former Complaints against them And the parish of Edzell hath been almost these four years Intruded wpon by Mr Robert Lindsay ane Episcopall preacher, and ordained as is Supposed by one or other of the Bishops Since they wer exauctorat /7o/ The outragious and barbarous ryot that happened att Dingwall by the Insolent opposition of the rable Against Mr William Steuart Sent ther by the presbetrie to preach, with the Shirreffs Strange procedure against Sir Rot Monro of Fowlls and his people of the parish of Killearny that wait only ther to Dingwall to hear ther Minister and helped to rescue him by a Small assistance from the Saids rablers, was fully laid befor the Councell in a proces raised in Apryll Jaj vijc and four Against the Saids Rablers and also against the Shirreff, In which proces the rablers being all absent, Certification was admitted against them, And any further proceeding against the Shirreff delayed till June therafter And in the mean tyme the saids Lords Recommended to the Said Shirreff to give the presbetrie all assistance and protection in Supplying the vaccancie and planting of the Church of Dingwall, But this Greivance is yet so litle remeaded, that tho the Shirreff Inchculter hath indeed given up the bonds he took from Sir Rot Monro and his people, yet the Town of Dingwall continues Still Stubborne and insolent against the Presbetrie refuseing them all access there, In sofarr as when the brethren intended a visitatioun, they wer advertised to forbear, because the rable was resolved and prepared to oppose them with all violence, and when since that tyme, and wpon sound hopes given this heat and fury might be abated, they sent a Minister to preach ther, he was resisted with the greatest insolence and violence and with much adoe escaped ther hands, And this wnaccountable practise att Dingwall hes been so contagious that severall parishes within the United presbetries of Ross and Sutherland who used formerly to give all due complyance to Church orders and the Ministers, Have now of late refused and resisted as Dingwall hath done; So that this case deserves in a Speciall maner the Lords of Councell that consideration, It being evident that if this disorder be not duty noticed and restrained, It will grow to a greater hight; And therfor the Laird of Assint printed Shirreff being now dead, It was most humbly craved, that it would please the Lords of Councell by themselves and the Shirreff to be named to that vaccancie, So to interpose that peace and good order may be established in these bounds, and the Presbetries duly protected and secured. 8o/ Ther is one Mr George Strachan Son to Sir James Strahan of Thornetoun a persone Nottourly disorderly and disaffected, who keept a Schooll at Huntly, but declyned to Subject himselfe to the presbetrie, and this man with another John Malcolme a profest papist, are Supported by the papists of the bounds, and doe by themselves educat youth rather in the popish then protestant Religion, And tho the presbetrie did depose the said Mr George from being Schoollmaster, yet he pretending to be Diaconat by the late Bishope of Murray Setts up a meeting house within the parish of Keith, and being by Sentence of the Lords of Privie Councell, discharged in January last to preach in that parish, yet he did exerce the Ministeriall function in the borders of that and other parishes Sometymes in the fields and Sometymes in houses, and had gott Such a following of louse and dissolute persons, wherof severalls are papists that they espouse his quarrell to that hight as to insult allmost the wholl Ministers of the presbetrie, attacking Some of them with guns and pistolls as they ryde out the high way, and invadeing others of them in ther houses with swords and other weapons, declairing openly that they practise these violences on Mr Strachans account. /9o/ Mr Robert Caddell a man well knowen for his nottour disaffection to the Government, And for the troubles and disorders he hath occasioned in severall pairts, doth now sett up at Elgine with one Mr John Steuart, who was never a Minister but hath lately obtained Licence from the exauctorat Bishops, And ther they keep ther meetings openly to the great discouragment of the regular Ministers of the place, and also to the keeping up the disorders, heats and contests, wherwith the Town of Elgine hes been long infested, And now the Said Mr Rot Calder and one Mr Alexander Gaderer hes Sett up a meeting house in the parish of Keith. Ther is also one Mr William Fallconer depryved Some years agoe by the Councell who hes lately Sett up a meeting house att Forres, And is Supported and mantained in it by men nottourly disaffected, And even Such as by ther office as Magistrats are obleidged to restraine and discourage Such disorders. These disorders and Greivances are with all Submission laid befor the saids Lords that they may be more perfectly informed of the condition of these pairts, and that ther lordships may find out Such remedies for these evills, and for preventing the worse consequences therof that in ther wisdome they Should think fitt, It would certainly be a great advantage both to peace and good order that inferior Magistrats als well to burgh as landward, especiallie to Brughs would concerne themselves more, to prevent and Suppress abuses and principally to countenance the present Church establishment by ther good example in keeping the Church and forbearing to countenance wnlawfull conventicles, But this with what els the saids Lords may Judge proper Is again recommended to ther lordships wisdome and Justice, only this is So much the more needfull that if the Inferior Magistrats wer more observant of the laws, and of ther lordships sentences, one great abuse and mischeife that vexes most places, might easily have been prevented, and that is that when the saids Lords removes ane Intruder, no other of his Sending or hunding out, Should be allowed to Sett up in his place, But in effect the meeting house from which the Intruder is removed, Should be Shutt up and all others hindered to intrude in his rowme, for otherwayes the represeaters may regrate it to the saids Lords that ther Sentences are manifastly elided, For thus when lately att St Andrews Mr Richard Waddell was removed, yet imediatly ther was others as disaffected and more disorderly Sett up in his place, and with So much the worse consequence that these men are not knowen, but come up and preach, and then withdraw, and are not to be found, And thus it also happened at Mussellburgh wher Mr Alexander Heriot a Minister deposed was removed, Yet Still one or other was brought from Edinburgh or Some other pairt to keep wp the meeting house and Schisme, and thus also it happened att St Ninians Dundee, Elgine, Meegle, and other places, wherof the proper and necessary remedy appears to be, That wher ane Intruder Is removed, the saids Lords Should att the Same tyme give orders to the Magistrats of the bounds as yow att Tranent and Dalkeith to Shutt up the meeting houses and to be carefull that no intruder be allowed to Sett wp within the parish whence the former was removed, Subscribit at the appoyntment of the Commission of the General Assembly of the Church of Scotland by Sic Subscribitur William Carstairs. Which Representation abovewrytten being read in presence of and considered by the saids Lords of Privie They Recommended the Samen to a Committee of ther own number to consider therof and report ther oppinion to the Councell theranent, And upon the eight day of February instant the said Committie appoynted by the Lords of Privie Councell for considering the representation of Church Greivances Sederunt The Earle of Glasgow, Her Majesties Advocat and Mr Francis Montgomrie Who haveing proceeded to consider the said representation Exhibite to the Lords of Privie Councell by the Commission of the late Generall Assemblie, And haveing heard the Saids Greivances read over one by one in ther presence, As to the first (which they recommend to be fully read in Councell) It is ther oppoinion as to the persons therin Compleaned on that Such of them as are under proces already befor the Councell be insisted against by the Agent for the Kirk, And that Such as have not yet been process’d, Sumonds be raised Against them befor the Councell at the instance of the said Agent; As to the Second The Committie are of oppinion, that Seeing the Shutting up of Kirks and carrieing away the keyes, and withholding them from the presbetrie Is so great ane abuse, and hath been so long compleaned off, That therfor a Generall Act and Proclamation Should be made Commanding all Shirreffs and ther deputs, and other Magistrats and officiars of the law, That wpon application of the presbetrie of the bounds, They make Such Churches as are Shutt wp Against the Presbitries and the keyes abstracted and with held, patent; upon application of the presbetrie to be made to them for that effect, with certification that if they refuse to doe the Same within the Space of […] dayes after the said application made to them, Letters Shall be direct Summarly against the refusers by the authority of Councell, and att the instance of the Kirk agent for chargeing them therto Simpliciter, And that the Saids Letters Should be ordered by the Councell upon the forsaid application in tyme comeing, And that by and attour the pains contained in the Act of parliament 1698. Against Shirreffs and others refuseing, As to the third Greivance, which is etc. The Committie are of oppinion that the Same is a great abuse and a manifast contempt of the law, and present Church establishment, and that therfor the Same Should be prohibite, or at Least Intimation Should be made that whoever presumes to preach, or exerce any pairt of the Ministeriall function without being duly authorised and qualified according to law, May not only be Summarly Seased and Secured by the Magistrat of the bounds, but also Shall be banished furth of the kingdome Conforme to the act of parliament 1693. As to the fourth Greivance, which is etc. It is the oppinion of the Committie that the abuse therin complained wpon Should be trasined, And that a publict Intimation Should also be made against all Such who being either depryved by the Councell, or not qualified according to law, And have been or Shall be removed from any Church or parish as Intruders by any legall Sentence, that if they be found again transgressing, and intrudeing into any other Kirk or parish, they may not only be Summarly Seased and Secured by the Magistrats of the bounds, but also after due conviction, Shall be banished the Kingdome Conforme to the sad act of parliament 1693. And the Act of parliament 1695. And farder the Committie are of oppinion that these three last articles may be contained in ane publict act of Councell to be published by way of proclamation for the better preventing the abuses therin compleaned on; As to the fyfth Greivance, which is etc. The Committie are of oppinion that Such of the saids Intruders, and wnlawfull meeting house-keepers as are therin mentioned, if already wnder proces, Should be insisted against, And if not wnder proces, proces Should be direct against them, as is provyded in answer to the first article And this is also ther oppinion as to the 6th article which is etc. Except as to the Church of Fetteresso, which is already laid befor the Councell; As to the Sevinth Greivance, which is etc. The Committie are of oppinion that the Shirreffship of Ross being now vaccant a Commission Should be granted by the Councell to Sir Robert Monro of Fowlls to be Shirreff of that Shyre, Untill her Majestie think fitt to provyde otherwayes, And that it Should be recommended to him to give the presbetrie due protection, And to Suppress all rables, and tumults that may be moved against them in the exercise of ther duty. As the eight greivance which is etc. The Comittie are of oppinion that the Shirreff of the bounds Should be ordered to Suppress the meeting house compleaned of therin, as he will be answerable. As to the nynth Greivance, which is etc. The Committie are of oppinion that the meeting house at Elgine that hath been so long abused, and often compleaned of, Should be Shutt up conforme to a report formerly made by a Committie of the Councell, and also approven by the Councell but not yet Signed; The forsaid Comittie haveing also considered the petition of the Commission of the late Generall assemblie exhibite to the Lords of Councell for restraining the profanation of the Lords day, and putting the laws and acts of parliament in execution for the due observance therof, are of opinion that the Lords of Councell after reading of the said petition Should order such a proclamation to be emitted, as may best attaine the ends proposed in the said petition: The Cause caice of the parish of Inveresk was also before the Committie, and they are of oppinion that Since Mr Alexander Heriot who had troubled that parish Is both depryved by the Councell, And that ther wer former orders of Councell for Shutting up all meeting houses with that parish, The Baillie of the Regalitie, and Magistrats of Mussellburgh Should be requyred and charged to make the place ride of him, and of all that he imployes wnder him, as they will be answerable, Sic Subscribitur James Stewart. The within report of the Comittie appoynted for considering the representation given in by the Commission of the Generall Assemblie anent the Church irregularities and grivances being read in presence of the Lords of her Majesties Privie Counsell, The Samen was voted and approven, and appoynted to be recorded, and recommended to the former Committie to prepare a proclamation in the termes therof, and bring into the Councell with ther conveniencie Sic Subscribitur Sutherland I.p.d.
At Edinburgh 21 February 1706
A1706/2/13
Procedure: committee report
Report of the committee concerning Church irregularities and grievances
Concerning a representation given in and presented to the lords of her majesty’s privy council by the commissioners of the late general assembly of the Church of Scotland in name and by warrant of the said general assembly, showing that they had great reason to bless and thank their gracious God, as they do always for restitution and re-establishment of this Church, and for the many good laws made in that behalf, and more especially for her majesty’s gracious countenance and protection, and the said lords their most favourable assistance, whereby these blessings have been hitherto preserved and made effectual to them. They needed not put their lordships in mind of the difficulties both their lordships and this Church and its several commissions have met with in getting some good order settled in the northern and highland parts of this kingdom; nor did they intend to reflect upon some late occurrences, which might have increased these difficulties, but having all assurance of her majesty’s gracious favour and protection, and of their lordships’ good assistance, they were thereby encouraged to lay before them their present grievances, whereof they were persuaded the remedy, which is in their lordships’ hands and power, will no less conduce to the peace and security of the country, than to the true advancement of the work of the gospel in promoting true knowledge and piety. The grievances they then humbly complain of for their lordships’ help and redress are firstly the many intrusions that are in these parts as 1st at Fraserburgh by one Mr Alexander Muir, who was never a minister of this Church in any form whatsoever, 2nd at Auchterless by Mr Alexander Barclay, deprived by the council for not praying and notorious disaffection, 3rd at Ruthven by Mr John Hay, deprived by the council for the same causes, 4th at the church of Rayne by Mr Patrick Chalmers, who continues to intrude though not only deprived by the council, but likewise discharged and denounced for his intrusion, 5th at the college kirk of Old Aberdeen by Mr David Nedderweek, deprived by the council, 6th at the trinity church or chapel in the new town of Aberdeen by Mr Andrew Burnet, though standing discharged by act of parliament to preach in Aberdeen. All these being within the bounds of the synod of Aberdeen, they had sent a particular representation of them from their synod to be laid before their lordships. Their Second grievance was that where churches were vacant by death or otherwise, the keys are frequently abstracted by persons disaffected, and access refused to those sent by the presbytery, and they further treated for essaying to preach even in the church yard. Their lordships have indeed given warrant by their act to charge the havers, but they use such shiftiness that even though the act of parliament [of] 1698 has laid sheriffs under a penalty if they give not due assistance, yet the presbyteries are frustrated, and therefore it was hoped that where application should be made to their lordships by presbyteries, they would ordain the sheriffs or other judges ordinary of the bounds, summarily to make churches patent as they will be answerable, and that letters be directed for that effect, which will be more effectual than the ordinary method of process, which tends principally to the inflicting of a fine, of which they were not desirous. Their third grievance is that the late bishops, though removed [from] this Church and prelacy abolished, yet take upon [themselves] to give licences to men to preach, and that these men are also frequently employed to preach by episcopl incumbents in their kirks and meeting houses, as particularly Mr George Hay and Mr Robert Jamieson, which practice both of licensing and preaching out the said licence, being so manifestly disorderly and contrary to law, they humbly craved that it may be discharged in such manner as their lordships should judge most convenient and effectual, that schism and disorder might not be perpetuated. Fourthly, that where intruders are removed from any church or parish, wherein they had intruded, and the sentence be given against them by the said lords for their said intrusion, yet these intruders do in a manner elide the same either by removing only to the border of another neighbouring parish, and there continuing to exercise the ministerial function to the keeping up of the disorders as formerly, or otherwise by removing into some other parish where they again intrude, and set up as freely as if no sentence of intrusion had been passed against them, for which they humbly conceived that these intruders once found guilty of intruding into a parish, should not only be removed from the same and discharged to exercise any part of the ministerial function within the bounds thereof, but also discharged to intrude anywhere else in any church or parish whatsoever, under such certifications as the said lords in their wisdom should think fit. Fifthly, there are great disorders through intruding and unlawful meeting houses within the bounds of the presbytery of Meigle, for in the parish of Newtyle, Mr Alexander Mckenzie, late episcopal incumbent deprived by the privy council, keeps a meeting house, and being chamberlain to the Lord Prestonhall in that parish, has such influence upon the people that the legal and regular minister is much deserted and discouraged. Item in the parish of Essie and Nevay Mr Sylvester Lambie, late episcopal incumbent deprived by the privy council, keeps a meeting house to the great discouragement of the regular minister, and so in the parish of Meigle Mr James Crocket in the same circumstances with the two former, keeps a meeting house, and he being also a chamberlain to some heritors in the parish, proves a great hinderance and discouragement to the regular minister, and thus in Kingoldrum parish Mr George Kinnear, never admitted a minister in any place, yet keeps a throng meeting house, and occasions great disorders. Sixthly the church of Fetteresso, though lawfully planted by the presbytery, yet is shut against the minister there placed, and one Mr Guthrie, an intruder maintained against him, whereupon there is a process depending before their lordships, and in the presbytery of Brechin there are many and great intrusions, as in the town of Montrose by Mr William Dunbar, and in the parish of Careston by Mr Alexander Lindsay, both episcopal incumbents formerly deprived by the lords of privy council, Brechin and Aberlemno are also intruded upon by Master Skinner and Mr Ochterlounie, where they continue notwithstanding of former complaints against them. And the parish of Edzell has been almost these four years intruded upon by Mr Robert Lindsay, an episcopal preacher, and ordained as is supposed by one or other of the bishops since they were ejected. Seventhly the outrageous and barbarous riot that happened at Dingwall by the insolent opposition of the rabble against Mr William Stewart, sent there by the presbytery to preach, with the sheriff’s strange procedure against Sir Robert Munro of Foulis and his people of the parish of Killearnan that went only there to Dingwall to hear their minister and helped to rescue him by a small assistance from the said rabblers, was fully laid before the council in a process raised in April 1704 against the said rabblers and also against the sheriff, in which process the rabblers being all absent, certification was admitted against them, and any further proceeding against the sheriff delayed till June thereafter, and in the meantime the said lords recommended to the said sheriff to give the presbytery all assistance and protection in supplying the vacany and planting of the church of Dingwall, but this grievance is yet so little remedied, that though the sheriff Inchculter has indeed given up the bonds he took from Sir Robert Munro and his people, yet the town of Dingwall continues still stubborn and insolent against the presbytery, refusing them all access there, insofar as when the brethren intended a visitation, they were advertised to forbear, because the rabble was resolved and prepared to oppose them with all violence, and when since that time, and upon sound hopes given [that] this heat and fury might be abated, they sent a minister to preach there, he was resisted with the greatest insolence and violence and with much ado escaped their hands, and this unaccountable practice at Dingwall has been so contagious that several parishes within the united presbyteries of Ross and Sutherland who used formerly to give all due compliance to Church orders and the ministers, have now of late refused and resisted as Dingwall has done; so that this case deserves in a special manner the lords of council their consideration, it being evident that if this disorder be not duly noticed and restrained, it will grow to a greater height. And therefor the laird of Assynt, printed sheriff being now dead, it was most humbly craved, that it would please the lords of council by themselves and the sheriff to be named to that vacancy so to interpose that peace and good order may be established in these bounds, and the presbyteries duly protected and secured. Eighthly, there is one Mr George Strachan, son to Sir James Strahan of Thornton, a person notoriously disorderly and disaffected, who kept a school at Huntly, but declined to subject himself to the presbytery, and this man with another, John Malcolm, a professed papist, are supported by the papists of the bounds, and do by themselves educate youth rather in the popish then Protestant religion, and though the presbytery did depose the said Mr George from being schoolmaster, yet he pretending to be [appointed] by the late Bishop of Murray sets up a meeting house within the parish of Keith, and being by sentence of the lords of privy council, discharged in January last to preach in that parish, yet he did exercise the ministerial function in the borders of that and other parishes, sometimes in the fields and sometimes in houses, and had got such a following of loose and dissolute persons, whereof several are papists, that they espouse his quarrel to that height as to insult almost the whole ministers of the presbytery, attacking some of them with guns and pistols as they ride out the highway, and invading others of them in their houses with swords and other weapons, declaring openly that they practise these violences on Mr Strachan’s account. Ninthly, Mr Robert Caddell, a man well known for his notorious disaffection to the government, and for the troubles and disorders he has occasioned in several parts, does now set up at Elgin with one Mr John Stewart, who was never a minister but has lately obtained licence from the ejected bishops, and there they keep their meetings openly to the great discouragement of the regular ministers of the place, and also to the keeping up the disorders, heats, and contests, wherewith the town of Elgin has been long infested, and now the said Mr Robert Calder and one Mr Alexander Gaderer have set up a meeting house in the parish of Keith. There is also one Mr William Falconer, deprived some years ago by the council, who has lately set up a meeting house at Forres, and is supported and maintained in it by men notoriously disaffected, and even such as by their office as magistrates are obliged to restrain and discourage such disorders. These disorders and grievances are with all submission laid before the said lords that they may be more perfectly informed of the condition of these parts, and that their lordships may find out such remedies for these evils, and for preventing the worse consequences thereof, that in their wisdom they should think fit. It would certainly be a great advantage both to peace and good order that inferior magistrates, as well to burgh as landward, especially to burghs, would concern themselves more to prevent and suppress abuses and principally to countenance the present Church establishment by their good example in keeping the church and forbearing to countenance unlawful conventicles. But this with what else the said lords may judge proper is again recommended to their lordships’ wisdom and justice, only this is so much the more needful that if the inferior magistrates were more observant of the laws, and of their lordships’ sentences, one great abuse and mischief that vexes most places, might easily have been prevented, and that is that when the said lords remove an intruder, no other of his sending or hounding out should be allowed to set up in his place, but in effect the meeting house from which the intruder is removed should be shut up and all others hindered to intrude in his place, for otherwise the representers may regret it to the said lords that their sentences are manifestly elided, for thus when lately at St Andrews Mr Richard Waddell was removed, yet immediately there were others as disaffected and more disorderly set up in his place, and with so much the worse consequence that these men are not known, but come up and preach, and then withdraw, and are not to be found. And thus it also happened at Musselburgh, where Mr Alexander Heriot, a minister deposed, was removed, yet still one or other was brought from Edinburgh or some other part to keep up the meeting house and schism. And thus also it happened at St Ninians, Dundee, Elgin, Meigle, and other places, whereof the proper and necessary remedy appears to be, that where an intruder is removed, the said lords should at the same time give orders to the magistrates of the bounds as you [did] at Tranent and Dalkeith to shut up the meeting houses and to be careful that no intruder be allowed to set up within the parish whence the former was removed, subscribed at the appointment of the commission of the general assembly of the Church of Scotland by Sic Subscribitur William Carstairs. Which representation above written being read in presence of and considered by the said lords of privy [council] they recommended the same to a committee of their own number to consider thereof and report their opinion to the council therein, and upon 8 February instant the said committee appointed by the lords of privy council for considering the representation of Church grievances, sederunt [David Boyle] the earl of Glasgow, [Sir James Stewart of Goodtrees] her majesty’s advocate, and Mr Francis Montgomerie, who having proceeded to consider the said representation exhibited to the lords of privy council by the commission of the late general assembly, and having heard the said grievances read over one by one in their presence, as to the first (which they recommend to be fully read in council) it is their opinion as to the persons therein complained on that such of them as are under process already before the council be insisted against by the agent for the Kirk, and that such as have not yet been processed, summons be raised against them before the council at the instance of the said agent. As to the second, the committee are of opinion that seeing the shutting up of kirks and carrying away the keys, and withholding them from the presbytery, is so great an abuse, and has been so long complained of, that therefor a general act and proclamation should be made commanding all sheriffs and their deputes, and other magistrates and officers of the law, that upon application of the presbytery of the bounds, they make such churches as are shut up against the presbyteries and the keys abstracted and withheld, patent, upon application of the presbytery to be made to them for that effect, with certification that if they refuse to do the same within the space of […] days after the said application made to them, letters shall be directed summarily against the refusers by the authority of council, and at the instance of the Kirk agent for charging them thereto simpliciter. And that the said letters should be ordered by the council upon the foresaid application in time coming, and that in addition to the pains contained in the act of parliament [of] 1698 against sheriffs and others refusing. As to the third grievance, which is etc., the committee are of opinion that the same is a great abuse and a manifest contempt of the law, and present Church establishment, and that therefor the same should be prohibited, or at least intimation should be made that whoever presumes to preach, or exercise any part of the ministerial function without being duly authorised and qualified according to law, may not only be summarily seized and secured by the magistrate of the bounds, but also shall be banished forth of the kingdom, conform to the act of parliament [of] 1693. As to the fourth grievance, which is etc., it is the opinion of the committee that the abuse therein complained upon should be [regarded as treason], and that a public intimation should also be made against all such who being either deprived by the council, or not qualified according to law, and have been or shall be removed from any church or parish as intruders by any legal sentence, that if they be found again transgressing, and intruding into any other kirk or parish, they may not only be summarily seized and secured by the magistrates of the bounds, but also after due conviction, shall be banished the kingdom conform to the sad act of parliament [of] 1693 and the act of parliament [of] 1695. And further the committee are of opinion that these three last articles may be contained in a public act of council to be published by way of proclamation for the better preventing the abuses therein complained on. As to the fifth grievance, which is etc., the committee are of opinion that such of the said intruders, and unlawful meeting house-keepers as are therein mentioned, if already under process, should be insisted against, and if not under process, process should be directed against them, as is provided in answer to the first article. And this is also their opinion as to the sixth article which is etc., except as to the church of Fetteresso, which is already laid before the council. As to the seventh grievance, which is etc., the committee are of opinion that the sheriffship of Ross being now vacant, a commission should be granted by the council to Sir Robert Munro of Foulis to be sheriff of that shire, until her majesty think fit to provide otherwise, and that it should be recommended to him to give the presbytery due protection, and to suppress all rabbles and tumults that may be moved against them in the exercise of their duty. As the eight grievance which is etc., the committee are of opinion that the sheriff of the bounds should be ordered to suppress the meeting house complained of therein, as he will be answerable. As to the ninth grievance, which is etc., the committee are of opinion that the meeting house at Elgin that has been so long abused, and often complained of, should be shut up conform to a report formerly made by a committee of the council, and also approved by the council but not yet signed. The foresaid committee having also considered the petition of the commission of the late general assembly exhibited to the lords of council for restraining the profaning of the lord’s day, and putting the laws and acts of parliament in execution for the due observance thereof, are of opinion that the lords of council, after reading of the said petition, should order such a proclamation to be emitted, as may best attain the ends proposed in the said petition. The case of the parish of Inveresk was also before the committee, and they are of opinion that since Mr Alexander Heriot, who had troubled that parish, is both deprived by the council, and that there were former orders of council for shutting up all meeting houses within that parish, the bailie of the regality and magistrates of Musselburgh should be required and charged to make the place rid of him, and of all that he employs under him, as they will be answerable, Sic Subscribitur James Stewart. The within report of the committee appointed for considering the representation given in by the commission of the general assembly concerning the Church irregularities and grievances being read in presence of the lords of her majesty’s privy council, the same was voted and approved, and appointed to be recorded, and recommended to the former committee to prepare a proclamation in the terms thereof, and bring into the council with their conveniency Sic Subscribitur Sutherland I.p.d.
