Att Holyrudehouse the Twentie Sixt day of June Jaj vijc and fyve years
A1705/6/19
A1705/6/19
Decreet
Decreet The Agent for the Kirk against Lauder and Graham Ministers
Anent the lybell and Letters of Complaint raised befor the Lords of her Majesties Privie Councell at the instance of John Blair Agent for the Kirk with concourse of Sir James Steuart her Majesties Advocat for her highnes Interest Mentioning That wher by the fyfth Act of the parliament Jaj vic and nyntie, presbyterian Church Government and discipline is ratified and confirmed to be the Government of Chrysts Church; And Sicklyke by the Twentie Second Act of the parliament Jaj vic nyntie fyve, It is Statute and ordained that no person Shall intrude himselfe into any Church, or Shall exercise any pairt of the Ministeriall function within any Church, without ane orderly Call from the heretors and Eldership, 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 establihsing presbyterian Church government are Ratified and approven In the haill heads, articles and clauses therof; Nevertheless it is of veritie that Mr James Inglis late Incumbent at Muthill, Mr James Lawder ane Inglish Deacon and Schoollmaster at Muthill, and Mr John Graham late Minister at […] Shakeing off all regaird to our Lawes and authoritie have of late Intruded themselves into the parish of Muthill, and Sett up for preachers therin, and exercise all the other pairts of the Ministeriall function as Baptizeing, marrieing etc In manifast contempt of the Saids Laws and acts of parliament Notwithstanding that the Said Kirk and parish is duly and legally planted; By all which it is evident that the saids Mr James Inglis, Mr James Lawder, and Mr John Graham are guilty of a manifast Intrusion and attempt against the present Setled constitution of the Church, and of a high contempt of her Majesties Laws and authority; which being proven they owght to be punished with the pains of Law, and effectuallie discharged to intrude into or molest the said parish, And otherwayes punished the Saids Lords of Privie Councell Should think fitt to the example and terror of others to committ the lyke in tyme comeing: And Anent the charge given to the foirnamed persons defenders to have compeared befor the Saids Lords of her Majesties Privie Councell at ane certaine day bygone to have answered to the forsaid Complaint, And have heard and Seen Such order and course taken theranent as the Saids Lords of Privie Councell Should think fitt, wnder the pains and with certification in maner mentioned in the Saids Letters and Complaint, As the Samen bears; The within Lybell at the instance of John Blair Agent for the Kirk Against Mr James Inglis late Incumbent at Muthill, Mr James Lauder Inglis Deacon and Schoollmaster at Muthill, and Mr John Graham Late Incumbent at Maddertie Being called, and the perseuars Compearing personallie at the Barr, And the defenders being absent though lawfullie cited to have compeared, and being oft tymes called for that effect and not compeiring, The Councell Grants certification, And appoynts Letters of denounciation to be direct to Meacers or Messengers at armes to pass to the mercat cross of […] And therat in her Majesties name and authoritie duly Lawfullie and orderly denounce the Saids defenders her Majesties Rebells and putt them to her highness horne, Escheat and inbring all ther moveable goods and gear for ther contempt and disobedience, Therafter wpon the nynteint day of June instant His Grace her Majesties high Commissioner and Lords of her Majesties Privie Councell Doe heirby Stope extracting of the above certification till Tuesday nixt, And appoynts pairties and ther lawyers to be ready to debate the said day, And upon the day and date of thir presents the above lybell at the instance of John Blair Agent for the Kirk against the above Mr James Lawder, and Mr John Graham being Called, And the persewer Compearing personallie at the barr with Sir James Steuart her Majesties Advocat, And the Saids defenders Compearing also personallie at the barr, And the lybell being read, And the defenders being by the Chancellor asked if they preached within the parishes of Muthill, They Judicially owned and acknowledged the Same, And therafter being dismissed, His Grace her Majesties high Commissioner and Lords of her Majesties privie Councell Doe heirby Repon the defenders against the certification formerly granted against them upon the twelfth of June instant upon their Inacting themselves that they shall not preach within the said parish of Muthill, nor exercise any pairt of the Ministeriall function therin, And in case they faillie to enact themselves as aforsaid, appoynts the certification to goe out, And the Clerks to give out extracts therof accordingly.
At Holyroodhouse 26 June 1705
A1705/6/19
Decreet
Decreet The agent for the Kirk against Lauder and Graham, ministers
Concerning the libel and letters of complaint raised before the lords of her majesty’s privy council at the instance of John Blair, agent for the Kirk, with concourse of Sir James Stewart, her majesty’s advocate for her highness’ interest, mentioning that where by the 5th act of the parliament [of] 1690, presbyterian Church government and discipline is ratified and confirmed to be the government of Christ’s Church; and also by the 22nd act of the parliament [of] 1695, it is statute and ordained that no person shall intrude himself into any church, or shall exercise any part of the ministerial function within any church, 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 status for establishing presbyterian Church government are ratified and approved in the whole heads, articles, and clauses thereof, nevertheless it is of verity that Mr James Inglis, late incumbent at Muthill, Mr James Lauder, an English deacon and schoolmaster at Muthill, and Mr John Graham, late minister at […], shaking off all regard to our lawes and authority have of late intruded themselves into the parish of Muthill, and set up for preachers therein, and exercised all the other parts of the ministerial function [such] as baptising, marrying etc, in manifest contempt of the said laws and acts of parliament. Notwithstanding that the said kirk and parish is duly and legally planted. By all which it is evident that the said Mr James Inglis, Mr James Lauder, and Mr John Graham are guilty of a manifest intrusion and attempt against the present settled constitution of the Church, and of a high contempt of her majesty’s laws and authority; which being proven, they ought to be punished with the pains of law, and effectually discharged to intrude into or molest the said parish, and otherwise punished [as] the said lords of privy council should think fit, to the example and terror of others to commit the like in time coming. And concerning the charge given to the forenamed persons, defenders, to have appeared before the said lords of her majesty’s privy council at a certain day bygone to have answered to the foresaid complaint, and have [to have] heard and seen such order and course taken therein as the said lords of privy council should think fit, under the pains and with certification in manner mentioned in the said letters and complaint, as the same bears. The within libel at the instance of John Blair, agent for the Kirk, against Mr James Inglis, late incumbent at Muthill, Mr James Lauder, deacon and schoolmaster at Muthill, and Mr John Graham, late incumbent at Madderty being called, and the pursuers appearing personally at the bar, and the defenders being absent though lawfully cited to have appeared, and being often called for that effect and not appearing, the council grants certification, and appoints letters of denunciation to be directed to macers or messengers at arms to pass to the mercat cross of […] and thereat in her majesty’s name and authority duly, lawfully, and orderly denounce the said defenders her majesty’s rebels and put them to her highness’ horn, escheat and bring in all their moveable goods and gear for their contempt and disobedience. Thereafter upon 19 June instant, his Grace [John Campbell, duke of Argyll] her majesty’s high commissioner and lords of her majesty’s privy council do hereby stop [the] extracting of the above certification till Tuesday next, and appoint parties and their lawyers to be ready to debate the said day, and upon the day and date of these present the above libel at the instance of John Blair, agent for the Kirk, against the above Mr James Lauder and Mr John Graham being called, and the pursuer appearing personally at the bar with Sir James Stewart, her majesty’s advocate, and the said defenders appearing also personally at the bar, and the libel being read, and the defenders being by [James Ogilvie, earl of Seafield] the chancellor asked if they preached within the parish of Muthill, they judicially owned and acknowledged the same, and thereafter being dismissed, his grace her majesties high commissioner and lords of her majesty’s privy council do hereby restore the defenders against the certification formerly granted against them upon 12 June instant upon their enacting themselves that they shall not preach within the said parish of Muthill, nor exercise any part of the ministerial function therein, and in case they fail to enact themselves as aforesaid, appoint the certification to go out, and the clerks to give out extracts thereof accordingly.
