Att Edinburgh The Fourth day of Aprile J^aj vii^c years

A1700/4/3

A1700/4/3¹

Decreet

Decreet John Blair agent for the Kirk with Concurse of Sir James Stewart His Majesties Advocat Against Mr John Shaw

Anent The Lybell or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill att the Instance of John Blair agent for the Kirk, and Sir James Stewart his Majesties Advocat for his highness Interest in the matter underwritten. Mentioning That where by the Sixth Act of the fourth Session of the Current Parliament Entituled act for taking the oath of Alledgance and Assurance, It is Statute That all ministers and preachers of the Gospell whatsoever doe swear the oath of Alledgance, And that they subscrive the same with the Assurance sett down in the said act Certifieing That ministers provided to Kirks shall be punished by banishment or otherwise as the saids Lords shall think fitt Likeas by the Twenty Second Act of the fifth Session of this Current parliament It is Statute That whoever thereafter Shall Intrude themselves into any church manse or benefice or Exercise any pairt of the ministeriall function within any parish, without ane orderly call, from the Eldership and Heretors and legall admission from the Presbetry of the Bounds should be Removed and declared Incapable of Enjoying any Church Stipend or Benefice for the Space of Seven years thereafter And farder It is Recomended to the saids Lords To Remove all such who preceeding the said act did since the Establishment of the present Church Government Intrude in manner forsaid as also to take some Effectuall Course for Stopping and hindering these ministers who then were or Should thereafter be deposed by the Judicatories of the Church from preaching or Exerciseing any pairt of their ministeriall Function which by the same It is declared they cannot doe without a high Contempt of the authority of the Church and of the Laws Establishing the Same Notwithstanding wherof It is of verity That Mr John Shaw pretended Incumbent att Kinnaird Mr Robert Gordon Intruder at Clunie and Mr William Popley late Incumbent att Rhynd doe all of them presume to preach and Exercise the ministeriall Function albeitt they have not qualified themselves by swearing the oath of Alledgance, and subscriving the same with the Assurance in manner prescrived by the said act of Parliament and particularly the said Mr Robert Gordon and Mr William Popley, are Intruders, The Said Mr Gordon Intrudes himself on the vaccant Church of Clunie and Still Keeps the Keys tho formerly deprived by the saids Lords of privy Councill and the said Mr William Popley Intrudes him self Into and preaches in a meeting house in the Parish of St. Madoes wherby they have Incurred the Certifications of the forsaid act of Parliament, Conform to their respective Conditions and Characters which Being nottour and certan, and Such as they neither doe nor can deny, They ought to be punished all and Each of them Conform to the forsaids acts of Parliament To the Example and Terror of others To committ the like in tyme comeing. And Anent The Charge given to the saids defenders To have Compeared personally before the saids Lords of his majesties privy Councill at ane certan day bygone, To have answered to the Grounds of the above Complaint and to have heard and seen such order and course taken theranent as the saids Lords of privy Councill Should Think fitt, under the pain of Rebellion and putting of them to the horn with Certification etc as in the Lyble or Letters of Complaint with the Executiones thereof at more Length is Contained. Which Lyble Being this day called in presence of the Lords of his Majesties privy Councill And The Said John Blair and Lord Advocat. Compearing personally with Sir Patrick Home His Majesties Solicitor as Persuers and the saids Mr John Shaw and Mr William Popley Two of the defenders Compearing personally and the Said Mr Robert Gordon The Third defender Being Lawfully cited oftimes Called and not Compearing The Councill having Considered the Lyble with a petition given in by the said Mr John Shaw and having att Full heard the Two Defenders Compearing as said is, They have deprived and heirby deprives the said Mr John Shaw from the said kirk of Kinnaird and discharges him to Exercise any pairt of his ministeriall Function within the said parish, And decernes and ordaines him to flitt and Remove himself his wife Bairns family Servants and Tennents from the manse and Gleib belonging to the minister att the said Kirk, Betwixt and the fifteen day of May next to Come which by act of Parliament is Counted for the term of Whitsunday, And ordaines him to Exhibite and deliver up to the Moderator of the Presbetry for the tyme being within which the said Kirk lyes, the Keys of the said Kirk, To the Effect the same may be planted according to Law, And have discharged the said Mr William Popley from all Exercise of any pairt of his ministeriall function within the said parish of St Madoes, And decernes and ordains […] Sheriff principall of the Shire of […] and his Deputs within which the said parish lyes To cause Close and Shutt up any houses within which the said Mr William Popley was in use to Keep his meetings, and not suffer the same or any other houses within the said parish to be made use off as meeting houses for him att any tyme hereafter, And ordaines him the said Mr William Popley To Flitt and Remove himself his wife Bairns and family furth and fra the said parish of St Madoes Betwixt and the said Fifteenth day of May next Being the tyme appointed for the said Term of Whitsunday And discharges him to Return or Remain within the said parish of St Madoes or the parish of Rynd at any tyme hereafter, And ordaines letters of Horning to be direct heiron upon […] days against the said Mr John Shaw and Mr William Popley, for fulfilling and obeying what is decerned against them under the Signet of privy Councill in forme as Effeirs. And Continues the within Mr Robert Gordoun to another occasion.