Act, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/101

Act

Liberation Patrick Bell

The Lords of his Majesties privie Councell Doe heirby Give order and warrand to the Magistrats of Glasgow and Keeper of their tolbooth to sett Patrick Bell son to Sir John Bell of Hamiltons ferm at Liberty furth therof And have Confyned and heirby Confyns the said Patrick Bell to the toune of Glasgow In respect he hath Given bond and found sufficient Cautione acted in the books of privie Councell That he shall keep his said Confynment and not goe uithout the bounds of the same And that he shall Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councell whensoever he shall be Called or requyred to that effect under the penaltie of six thousand merks In caise he shall transgress in any pairt of the premisses And appoints his former bond to be Given up

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/101

Act

Liberation Patrick Bell

The Lords of his Majesties privie Councell Doe heirby Give order and warrand to the Magistrats of Glasgow and Keeper of their tolbooth to sett Patrick Bell son to Sir John Bell of Hamiltons ferm at Liberty furth therof And have Confyned and heirby Confyns the said Patrick Bell to the toune of Glasgow In respect he hath Given bond and found sufficient Cautione acted in the books of privie Councell That he shall keep his said Confynment and not goe uithout the bounds of the same And that he shall Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councell whensoever he shall be Called or requyred to that effect under the penaltie of six thousand merks In caise he shall transgress in any pairt of the premisses And appoints his former bond to be Given up

1. NRS, PC1/50, 508.

1. NRS, PC1/50, 508.

Act, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/91

Act

Liberation James Cockburn

The Lords of his Majesties privie Councell Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett James Cockburn Goldsmith in Edinburgh att Libertie furth therof In respect He hath Given bond and found sufficient Cautione acted in the books of privy Councell 2 That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing In prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his majesties privie Councell when Called for under the penaltie of Five hundreth pounds Sterling In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be given up

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

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Act

Liberation James Cockburn

The Lords of his Majesties privie Councell Doe heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett James Cockburn Goldsmith in Edinburgh att Libertie furth therof In respect He hath Given bond and found sufficient Cautione acted in the books of privy Councell 2 That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing In prejudice therof nor Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his majesties privie Councell when Called for under the penaltie of Five hundreth pounds Sterling In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be given up

1. NRS, PC1/50, 507-8.

2. The phrase ‘at Libertie furth thereof’ scored out here.

1. NRS, PC1/50, 507-8.

2. The phrase ‘at Libertie furth thereof’ scored out here.

Act, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/81

Act

Liberation Byres of Coatts

Anent the petitione given in to the Lords of his Majesties privie Councell By John Byres of Coatts Sheuing That wher the petitioner some tyme agoe was by their Lordships order putt under Cautione to Live peacably and ansuer when called And accordingly did Live quietly and upon the first advertisement Did Come from the north wher he then was staying Being at a Great distance to present himself before ther Lordships wher he was Committed prisoner to the tolbooth of Edinburgh and hes Continoued ther these severall weeks past And seing his Imprisonment at this season of the year is most prejudiciall to his health and most be the Longer the more And a Great disadvantadge to his privat Concernes which doe requyre a Great deall of paines and Care to order them And therfore humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said John Byres of Coatts They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Liberty furth therof In respect He hath Given bond and Found sufficient Cautione acted in the books of his Majesties privie Councell That he shall depairt furth of his Majesties Dominions betuixt and the first day of Agust next to Come And that he shall not returne uithin the same uithout his Majesties or the Councells Licence for that effect And that in the mean tyme untill he shall be transported out of the Kingdoms He shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult or Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privy Councell whensoever the penaltie of Three hundreth pounds sterling In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be Given up

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

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Act

Liberation Byres of Coatts

Anent the petitione given in to the Lords of his Majesties privie Councell By John Byres of Coatts Sheuing That wher the petitioner some tyme agoe was by their Lordships order putt under Cautione to Live peacably and ansuer when called And accordingly did Live quietly and upon the first advertisement Did Come from the north wher he then was staying Being at a Great distance to present himself before ther Lordships wher he was Committed prisoner to the tolbooth of Edinburgh and hes Continoued ther these severall weeks past And seing his Imprisonment at this season of the year is most prejudiciall to his health and most be the Longer the more And a Great disadvantadge to his privat Concernes which doe requyre a Great deall of paines and Care to order them And therfore humbly Craving to the effect underwryten as the said petitione Bears The Saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said John Byres of Coatts They heirby Give order and warrand to the Magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Liberty furth therof In respect He hath Given bond and Found sufficient Cautione acted in the books of his Majesties privie Councell That he shall depairt furth of his Majesties Dominions betuixt and the first day of Agust next to Come And that he shall not returne uithin the same uithout his Majesties or the Councells Licence for that effect And that in the mean tyme untill he shall be transported out of the Kingdoms He shall Live peacably under and with all submission to the present Government of his Majestie King William And that he shall not Act Consult or Contrive any thing in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privy Councell whensoever the penaltie of Three hundreth pounds sterling In caise he shall transgress in any pairt of the premisses And ordaines his former bond to be Given up

1. NRS, PC1/50, 506-7.

1. NRS, PC1/50, 506-7.

Act, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/71

Act

Liberation Sir William Sharp

Anent the petition given in to the Lords of his Majesties privy Councell by Sir William Sharp of Scottscraig Sheuing That the petitioner Being Committed closs prisoner to the tolbooth of Edinburgh and afteruards to the Castle And having Continoued under these Circumstances to this houre Being debarred from any Communicatione uith his wyfe or his other freinds these ten weeks past (except one or tuo dayes that he had the benefite of open prisone granted at that tyme to all his fellow prisoners) To the Great prejudice of his affairs and Impairing of his health His very Lauyers and phisitians being denyed access to him And now the term being at hand Against which tyme He hath considerable soumes of money to pay to his Creditors and transactions to make which is not possible to Get done uithout he be alloued Libertie to goe about his affairs And to Converss with such Creditors Lauyers and others with whom He hath necessarly to Doe And the petitioner being willing to find baile to Ansuer when Called He does presume to apply to their Lordships for their Liberty to the ends aforsaid And therfore Humbly Craving to the effect underuryten as the said petition bears The Saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the said Sir William Sharp They heirby Recomend to the Earle of Leven Governor of the Castle of Edinburgh, and in his absence Gives order and warrand to the next Commanding officer ther To sett the petitioner at Libertie furth therof In respect before extracting heirof He hath Given bond and found sufficient Cautione acted in the books of his Majesties privie Councell That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive anythign in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie whensoever he shall be Called for or requyred to that effect under the penaltie of Tuo Hundreth pounds starling In caise he shall transgress in any pairt of the premisses And ordaines the petitioners former bond to be Given up

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/71

Act

Liberation Sir William Sharp

Anent the petition given in to the Lords of his Majesties privy Councell by Sir William Sharp of Scottscraig Sheuing That the petitioner Being Committed closs prisoner to the tolbooth of Edinburgh and afteruards to the Castle And having Continoued under these Circumstances to this houre Being debarred from any Communicatione uith his wyfe or his other freinds these ten weeks past (except one or tuo dayes that he had the benefite of open prisone granted at that tyme to all his fellow prisoners) To the Great prejudice of his affairs and Impairing of his health His very Lauyers and phisitians being denyed access to him And now the term being at hand Against which tyme He hath considerable soumes of money to pay to his Creditors and transactions to make which is not possible to Get done uithout he be alloued Libertie to goe about his affairs And to Converss with such Creditors Lauyers and others with whom He hath necessarly to Doe And the petitioner being willing to find baile to Ansuer when Called He does presume to apply to their Lordships for their Liberty to the ends aforsaid And therfore Humbly Craving to the effect underuryten as the said petition bears The Saids Lords of his Majesties privie Councell Having Considered this petition given in to them by the said Sir William Sharp They heirby Recomend to the Earle of Leven Governor of the Castle of Edinburgh, and in his absence Gives order and warrand to the next Commanding officer ther To sett the petitioner at Libertie furth therof In respect before extracting heirof He hath Given bond and found sufficient Cautione acted in the books of his Majesties privie Councell That he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive anythign in prejudice therof nor shall not Converss or Correspond uith any rebells And that he shall appear before the saids Lords of his Majesties privie whensoever he shall be Called for or requyred to that effect under the penaltie of Tuo Hundreth pounds starling In caise he shall transgress in any pairt of the premisses And ordaines the petitioners former bond to be Given up

1. NRS, PC1/50, 505-6.

1. NRS, PC1/50, 505-6.

Act, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/61

Act

Liberation Lord Drumcairne

Anent the petition given In to the Lords of his Majesties privie Councell By Sir John Murray of Drumcairne Sheuing That the petitioner was formerly under baile To ansuer when called And therafter made prisoner for severall months and then Confyned and upon the first of June Last He was againe Committed to the Castle of Edinburgh wher he hes remained ever since To the Great prejudice of his health and extream hurt and damnage of his privat affairs But what most afflicts him is the Condition of his only son a Boy of thretteen years of age who though otherwayes appears abundantly Lively and of a manly spirit and very docile yet Cannot speak Though he demonstrats that he hears very small sounds and noises and that the fault is not in the tongue yet articulat voices does not reach him And remedies heir having been used but still uneffectuall And the petitioner being Informed from very good hands that ther is att Oxfoord one Doctor Wallace who was Clerk to the Assembly at Westminster being now Eightie years of age and is presently professor of Geometry at Oxfoord who hes made severall persons speak who heard none only by bringing them to observe the sundrie openings of his mouth when he pronunced the is different Letters and hes been very successfull in making these who Cannot speak wryte their thoughts fullie and perfectly as he Did this Last year to ane English heir And the petitioner being very anxious to try his sone at Oxfoord uith the said Doctor Wallace and that he must necessarly attend him not only to see the Cure effectual but to Interpret the boy and obleidge him to yeild to what the Doctor shall order which none else can doe And now because the petitioners present Imprisonment This so Christian and fatherly duety Cannot be performed uithout their Lordships Grant warrand for that effect And the petitioner Having aluayes Lived peacably and quietly uith all submission to the present Government under his Majestie King William And is Content upon his being sett at Libertie and alloued to goe to Oxfoord To the effect above narraited To find sufficient Caution not only to Live peacably in tyme coming but to ansuer when Called And Therfore Humblie Craving their Lordships out of pity to the poor boy and the petitioners Circumstances To take the premisses to their serious Consideratione And to Grant warrand for setting the petitioner at freedome and Libertie And to allow him to goe uith his son to Oxfoord to the effect abovementioned as the said petitione Bears The saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said Sir John Murray of Drumcairn They heirby Recommend to the Earle of Leven Governor of the Castle of Edinburgh and In his absence Gives order and warrand to the nixt Commanding office ther To sett the petitioner at Libertie furth therof And heirby Confynes the petitioner to the toune of Edinburgh and tuo myles about the same In respect He hath Given bond and found sufficient Cautione acted in the books of privy Councell That Immediatly after his Liberatione he shall repair to the place of his Confynment and shall remaine Confyned therat and not goe uithout the bounds of the same And that he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or correspond uith any rebells And that he shall appear before the saids Lords when Called for under the penaltie of five hundreth pounds Sterling In caise He shall transgress in any pairt of the premisses

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

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Act

Liberation Lord Drumcairne

Anent the petition given In to the Lords of his Majesties privie Councell By Sir John Murray of Drumcairne Sheuing That the petitioner was formerly under baile To ansuer when called And therafter made prisoner for severall months and then Confyned and upon the first of June Last He was againe Committed to the Castle of Edinburgh wher he hes remained ever since To the Great prejudice of his health and extream hurt and damnage of his privat affairs But what most afflicts him is the Condition of his only son a Boy of thretteen years of age who though otherwayes appears abundantly Lively and of a manly spirit and very docile yet Cannot speak Though he demonstrats that he hears very small sounds and noises and that the fault is not in the tongue yet articulat voices does not reach him And remedies heir having been used but still uneffectuall And the petitioner being Informed from very good hands that ther is att Oxfoord one Doctor Wallace who was Clerk to the Assembly at Westminster being now Eightie years of age and is presently professor of Geometry at Oxfoord who hes made severall persons speak who heard none only by bringing them to observe the sundrie openings of his mouth when he pronunced the is different Letters and hes been very successfull in making these who Cannot speak wryte their thoughts fullie and perfectly as he Did this Last year to ane English heir And the petitioner being very anxious to try his sone at Oxfoord uith the said Doctor Wallace and that he must necessarly attend him not only to see the Cure effectual but to Interpret the boy and obleidge him to yeild to what the Doctor shall order which none else can doe And now because the petitioners present Imprisonment This so Christian and fatherly duety Cannot be performed uithout their Lordships Grant warrand for that effect And the petitioner Having aluayes Lived peacably and quietly uith all submission to the present Government under his Majestie King William And is Content upon his being sett at Libertie and alloued to goe to Oxfoord To the effect above narraited To find sufficient Caution not only to Live peacably in tyme coming but to ansuer when Called And Therfore Humblie Craving their Lordships out of pity to the poor boy and the petitioners Circumstances To take the premisses to their serious Consideratione And to Grant warrand for setting the petitioner at freedome and Libertie And to allow him to goe uith his son to Oxfoord to the effect abovementioned as the said petitione Bears The saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by the said Sir John Murray of Drumcairn They heirby Recommend to the Earle of Leven Governor of the Castle of Edinburgh and In his absence Gives order and warrand to the nixt Commanding office ther To sett the petitioner at Libertie furth therof And heirby Confynes the petitioner to the toune of Edinburgh and tuo myles about the same In respect He hath Given bond and found sufficient Cautione acted in the books of privy Councell That Immediatly after his Liberatione he shall repair to the place of his Confynment and shall remaine Confyned therat and not goe uithout the bounds of the same And that he shall Live peacably under and uith all submission to the present Government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall not Converss or correspond uith any rebells And that he shall appear before the saids Lords when Called for under the penaltie of five hundreth pounds Sterling In caise He shall transgress in any pairt of the premisses

1. NRS, PC1/50, 503-5.

1. NRS, PC1/50, 503-5.

Act, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/51

Act

Liberation Sir William Bruce

Anent the petition given in to the Lords of his majesties privie Councell by Sir William Bruce of Kinross Sheuing That in February Last the King was Graciously pleased By a Letter direct to their Lordships to take off the Confynment The petitioner had Lyen under for some tyme And that in a few dayes therafter upon the first noise of the Intended Invasion from France The petitioner among severall others who are since sett at Liberty was taken up and made closs prisoner in the Castle of Edinburgh under which Restraint he hes Lyen ever since which hes very sensiblie prejudged him both in his health and affairs And therfore Humbly Craving their Lordships to Consider the petitioners Caice and restore him to his Libertie in the tearms of his Majesties Letter as the said petition Bears The Saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by Sir William Bruce of Kinross They heirby Recommend to the Earle of Leven Governor of the Castle of Edinburgh And in his absence Gives order and warrand to the nixt Commanding officer ther To sett the petitioner at Libertie furth therof And Have Confyned and heirby Confynes the said Sir William Bruce to his house of Kinross and tuo Mylls about the same In respect before extracting heirof He hath given bond and found sufficient Cautione acted in the books of his Majesties privie Councell That betuixt and the tuelfth day of May Instant he shall repair to the place of his Confynment and shall remaine Confyned therat and not goe uithout the bounds of the same And that he shall Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall nor Contrive any thing in prejudice therof nor shall not Converss or Corespond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councell whensoever he shall be Called for or requyred to that effect under the penaltie of Five hundreth pounds sterling In caise he shall transgress in any pairt of the premisses and ordaines his former bond to be Given up

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/51

Act

Liberation Sir William Bruce

Anent the petition given in to the Lords of his majesties privie Councell by Sir William Bruce of Kinross Sheuing That in February Last the King was Graciously pleased By a Letter direct to their Lordships to take off the Confynment The petitioner had Lyen under for some tyme And that in a few dayes therafter upon the first noise of the Intended Invasion from France The petitioner among severall others who are since sett at Liberty was taken up and made closs prisoner in the Castle of Edinburgh under which Restraint he hes Lyen ever since which hes very sensiblie prejudged him both in his health and affairs And therfore Humbly Craving their Lordships to Consider the petitioners Caice and restore him to his Libertie in the tearms of his Majesties Letter as the said petition Bears The Saids Lords of his Majesties privie Councell Having Considered this petitione given in to them by Sir William Bruce of Kinross They heirby Recommend to the Earle of Leven Governor of the Castle of Edinburgh And in his absence Gives order and warrand to the nixt Commanding officer ther To sett the petitioner at Libertie furth therof And Have Confyned and heirby Confynes the said Sir William Bruce to his house of Kinross and tuo Mylls about the same In respect before extracting heirof He hath given bond and found sufficient Cautione acted in the books of his Majesties privie Councell That betuixt and the tuelfth day of May Instant he shall repair to the place of his Confynment and shall remaine Confyned therat and not goe uithout the bounds of the same And that he shall Live peacably under and uith all submission to the present government of his Majestie King William And that he shall not Act Consult nor Contrive any thing in prejudice therof nor shall nor Contrive any thing in prejudice therof nor shall not Converss or Corespond uith any rebells And that he shall appear before the saids Lords of his Majesties privie Councell whensoever he shall be Called for or requyred to that effect under the penaltie of Five hundreth pounds sterling In caise he shall transgress in any pairt of the premisses and ordaines his former bond to be Given up

1. NRS, PC1/50, 502-3.

1. NRS, PC1/50, 502-3.

Procedure, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/41

Procedure

Committie Anent unqualified Ministers their meeting houses

The Lords of his Majesties privie Councell Doe heirby nominat and appoint The Earle of Lauderdale Lord Poluarth Lord Advocat Lord Justice Clerk and Sir Archbald Murray of Blackbarrony to be a Committie for Considering such Complaints as are in the hands of his majesties Advocat Against meeting houses wher Ministers not qualified according to Law doe preach or administrat the sacraments And to Consider how these meeting houses may be effectually putt auay and ministers not authorized as said is hindered from preaching therat Declaring any three of the said Committie to be a Quorum And Recomends to them to meet at four of the clock in the Afternoon And to report their opinion to the Councell against their nixt meeting

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/41

Procedure

Committie Anent unqualified Ministers their meeting houses

The Lords of his Majesties privie Councell Doe heirby nominat and appoint The Earle of Lauderdale Lord Poluarth Lord Advocat Lord Justice Clerk and Sir Archbald Murray of Blackbarrony to be a Committie for Considering such Complaints as are in the hands of his majesties Advocat Against meeting houses wher Ministers not qualified according to Law doe preach or administrat the sacraments And to Consider how these meeting houses may be effectually putt auay and ministers not authorized as said is hindered from preaching therat Declaring any three of the said Committie to be a Quorum And Recomends to them to meet at four of the clock in the Afternoon And to report their opinion to the Councell against their nixt meeting

1. NRS, PC1/50, 502.

1. NRS, PC1/50, 502.

Warrant, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/31

Warrant

Warrand to the Lord Advocat to raise Letters Against some Ministers not qualified

Sir James Steuart his Majesties Advocat produced a note of some things Compleaned upon against Mr William Simpsone Mr James Chalmers Mr John Liddell Mr John Auchterlony Mr Alexander Guthrie, Mr Daniell Urqwhart Mr. William Lindsay Intruder at Alva Mr George Monro in Dollar Mr. Skinner in Bothkenner Mr Hunter at the meeting house in St Ninians and Mr Meldrum att Killinadock Ministers not qualified according to Lau which being read in presence of the Lords of his Majesties privie Councell They heirby Recommend to the said Sir James Steuart to raise Letters against any of the persons abovenamed To Ansuer to the points Compleaned off against them against the first Councell day in June nixt to Come

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/31

Warrant

Warrand to the Lord Advocat to raise Letters Against some Ministers not qualified

Sir James Steuart his Majesties Advocat produced a note of some things Compleaned upon against Mr William Simpsone Mr James Chalmers Mr John Liddell Mr John Auchterlony Mr Alexander Guthrie, Mr Daniell Urqwhart Mr. William Lindsay Intruder at Alva Mr George Monro in Dollar Mr. Skinner in Bothkenner Mr Hunter at the meeting house in St Ninians and Mr Meldrum att Killinadock Ministers not qualified according to Lau which being read in presence of the Lords of his Majesties privie Councell They heirby Recommend to the said Sir James Steuart to raise Letters against any of the persons abovenamed To Ansuer to the points Compleaned off against them against the first Councell day in June nixt to Come

1. NRS, PC1/50, 502.

1. NRS, PC1/50, 502.

Decreet, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/21

Decreet

Decreit The presbytrie of Aberdeen against Mr George Whyte

Forasmuchas Anent the petitione of the Committee of the presbytrie of Aberdeen Given in to the Lords of his Majesties privie Councell Sheuing That wheras the presbytrie of Aberdeen Having taken into their Consideratione the caice of Mr John Whyte Intruder at Aberdour who was found and declared to be such by the Committie of the Late Generall Assembly for the north and ratified and approven by the Generall Assembly in January Last Taking also into their Consideration hes Continoued in Contumacy and declyning Church Judicatories notwithstanding of the repeated sentences against him Togither also uith severall other Gross scandalls and Immoralities which uere Judicallie tryed examined and sufficiently proven Against the said Mr John Whyte before the said Committie of the presbytrie The said presbytrie did unanimously uithout one Contrary vote pass the sentence of deprivation against him from the office of the Ministrie in all its points which was Judicallie Intimat unto him in the presence of the presbytrie uithout any reclamation on his pairt He Only Craving ane Extract of his sentence and the depositions of the witnesses both which was alloued him which sentence also uas publickly Intimat after divyne worship the Lords day Immediatly follouing notuithstanding of all which The said Mr John Whyte doeth Continow presumptuously to preach and Intrude upon the Church of Aberdoure and to exercise all the parts of the Ministeriall office as occasion offers To the no small Contempt of discipline and good order and violation of the peace of the Church And therfore Humblie Craving the Lords of his Majesties privie Councell to take the premisses into their sereous Consideration And to give redress heirin according to the merits of this their cause as the said petition at Length bears which petition being upon the Fifteenth of Aprile Last read in presence of the saids Lords They ordained Letters to be direct for Citing the said Mr John Whyte To Compear before them upon the fifth day of May Instant To have ansuered to the points of the said petition and to have heard and seen such order and Course taken theranent as the saids Lords should find Just under the paine of rebellion with Certificatione etc And the saids Letters Having been accordingly taken out and execute against the said Mr John Whyte and he Cited therupon To have Compeared before the saids Lords upon the day forsaid as the saids Letters and executiones therof at more Length bears The saids Letters at the instance of the said presbytrie of Aberdeen Against the said Mr John Whyte Being this day Called In presence of the Lords of his Majesties privie Councell And Sir James Stueart his Majesties Advocat Compearing for his Majesties Intrest And Mr James Steuart Advocat Compearing for the pursuars and the said Mr John Whyte Defender Compearing personallie with Sir Patrick Home his Advocat The saids Lords Having heard the Letters and also the Defenders ansuers therto and the Advocats for both parties fullie in their oune presence They heirby Declare the kirk of Aberdour to be vacant And ordaines the said Mr John Whyte to remove furth of the paroch of Aberdour betwuixt and the fifteenth day of June nixt And not to returne uithin the same uithout his Majesties or the Councills warrand for that effect and alse to flitt and remove himself wyfe bairns family and servants furth and frae the manse of the said kirk of Aberdour betuixt and the said fifteenth day of June next to Come And ordaines Letters of horning on fifteen dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years

A1696/5/21

Decreet

Decreit The presbytrie of Aberdeen against Mr George Whyte

Forasmuchas Anent the petitione of the Committee of the presbytrie of Aberdeen Given in to the Lords of his Majesties privie Councell Sheuing That wheras the presbytrie of Aberdeen Having taken into their Consideratione the caice of Mr John Whyte Intruder at Aberdour who was found and declared to be such by the Committie of the Late Generall Assembly for the north and ratified and approven by the Generall Assembly in January Last Taking also into their Consideration hes Continoued in Contumacy and declyning Church Judicatories notwithstanding of the repeated sentences against him Togither also uith severall other Gross scandalls and Immoralities which uere Judicallie tryed examined and sufficiently proven Against the said Mr John Whyte before the said Committie of the presbytrie The said presbytrie did unanimously uithout one Contrary vote pass the sentence of deprivation against him from the office of the Ministrie in all its points which was Judicallie Intimat unto him in the presence of the presbytrie uithout any reclamation on his pairt He Only Craving ane Extract of his sentence and the depositions of the witnesses both which was alloued him which sentence also uas publickly Intimat after divyne worship the Lords day Immediatly follouing notuithstanding of all which The said Mr John Whyte doeth Continow presumptuously to preach and Intrude upon the Church of Aberdoure and to exercise all the parts of the Ministeriall office as occasion offers To the no small Contempt of discipline and good order and violation of the peace of the Church And therfore Humblie Craving the Lords of his Majesties privie Councell to take the premisses into their sereous Consideration And to give redress heirin according to the merits of this their cause as the said petition at Length bears which petition being upon the Fifteenth of Aprile Last read in presence of the saids Lords They ordained Letters to be direct for Citing the said Mr John Whyte To Compear before them upon the fifth day of May Instant To have ansuered to the points of the said petition and to have heard and seen such order and Course taken theranent as the saids Lords should find Just under the paine of rebellion with Certificatione etc And the saids Letters Having been accordingly taken out and execute against the said Mr John Whyte and he Cited therupon To have Compeared before the saids Lords upon the day forsaid as the saids Letters and executiones therof at more Length bears The saids Letters at the instance of the said presbytrie of Aberdeen Against the said Mr John Whyte Being this day Called In presence of the Lords of his Majesties privie Councell And Sir James Stueart his Majesties Advocat Compearing for his Majesties Intrest And Mr James Steuart Advocat Compearing for the pursuars and the said Mr John Whyte Defender Compearing personallie with Sir Patrick Home his Advocat The saids Lords Having heard the Letters and also the Defenders ansuers therto and the Advocats for both parties fullie in their oune presence They heirby Declare the kirk of Aberdour to be vacant And ordaines the said Mr John Whyte to remove furth of the paroch of Aberdour betwuixt and the fifteenth day of June nixt And not to returne uithin the same uithout his Majesties or the Councills warrand for that effect and alse to flitt and remove himself wyfe bairns family and servants furth and frae the manse of the said kirk of Aberdour betuixt and the said fifteenth day of June next to Come And ordaines Letters of horning on fifteen dayes and others needfull under the signet of Councill to be direct heiron in forme as effeirs

1. NRS, PC1/50, 500-2.

1. NRS, PC1/50, 500-2.

Sederunt, 5 May 1696, Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years1

A1696/5/12

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Southerland; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Provost of Edinburgh

Att Edinburgh the Fifth day of May Jaj vjc nyntie six years1

A1696/5/12

Sederunt

Lord Chancelor; Earl of Melvill; Duke of Queensberry; Earl of Southerland; Earl of Morton; Earl of Lauderdale; Earl of Lothian; Earl of Leven; Earl of Annandale; Viscount Tarbat; Lord Beilhaven; Lord Poluarth; Lord Advocat; Lord Justice Clerk; Lord Anstruther; Mr Fra: Montgomery; Laird of Grant; Laird of Blackbarrony; Laird of Stevenson; Laird of Cessnock; Provost of Edinburgh

1. NRS, PC1/50, 500.

2. NRS, PC1/50, 500.

1. NRS, PC1/50, 500.

2. NRS, PC1/50, 500.