Att Edinburgh the Twentie nynth day of November J^aj vij^c and fyve years

A1705/11/6

A1705/11/6¹

Decreet

Decreit Her Majesties Advocat against Mr Arthur Millar, Mr James Strachan and Mr Andrew Bruce

Anent the lybell and Letters of Complaint raised and persued befor the Lords of her Majesties privie Councell at the instance of Sir James Steuart her Majesties Advocat for her highness Interest in the matter wnderuryten Against Mr Arthur Millar late Incumbent at Inveresk, Mr James Strachan late Incumbent at St Phillance and Mr Andrew Bruce late Incumbent at Pittenweem, Makeing Mention That wher by the fyfth act of the parliament J^aj vi^c and nyntie presbyterian Church Government and discipline is Ratified and confirmed to be the discipline of Chists Church, As also by the act of parliament J^aj vi^c and nyntie three, It is Statute and ordained that no persone be admitted or contained for heirafter to be a Minister or preacher within this Church, unless that he haveing first taken and Subscrybed the oath of alleadgance, and Subscrybed the assureance In maner appoynted by a former Act of the said parliament, Doe also Subscrybe the confession of faith, And that he owne the doctrine therin contained, to be the true doctrine, which he will constantly adhear to, As also that he ownes the presbiterian Church government as Setled, to be the only government of this Church, and will Submitt therto, and never indavor the prejudice or Subversion therof; And Sicklyke by the Twentie Second Act of the parliament J^aj vj^c nyntie fyve, It is Statute and ordained that no persone Shall intrude himselfe into any Church, or shall exercise any pairt of the Ministeriall function within any parish, without ane orderly Call from the heretors and eldership therof, And a legall Admission from the presbetrie within whose bounds it lyes; Lykeas by the Second Act of the parliament J^aj vij^c and three, All the saids acts, and other Laws and Statuts for establishing presbiterian Church Government, are Ratified and approven, In the haill heads, articles and clauses therof; Nevertheless it is of verity that Mr Arthur Millar late Incumbent at Inveresk, Mr James Strachan late Incumbent at St Phillance, and Mr Andrew Bruce late Incumbent at Pittenweem, Sheaking off all regard to our Laws and authority, have of late Successive one after another, Intruded themselves into the Town and parish of St Andrews for preachers therin, and exercised all the other pairts of the ministeriall function therin as Baptiseing, marrieing and In manifast contempt of our forsaids Laws and Acts of Parliament, Notwithstanding that the Said Kirk and parish of St Andrews is duly and legally planted with two Ministers; Lykeas the forsaids persons Intruders, at least Some of them are not qualified according to Law, And farder Stand expressly depryved by acts of our privie Counsell for not reading and praying etc or are otherwayes deposed by Church Censures, And which abuse is so much the greater, that our Saids Lords of Privie Counsell did lately remove Mr Richard Waddell from the said meeting house, and Schismaticall Conventicleing within the said parish, By all which it is evident, that the saids Mr Arthur Millar, Mr James Strachan and Mr Andrew Bruce, are guilty of a manifast Intrusion and attempt against the present Setled constitution of the Church, and of high contempt of our Laws and authoritie, which being proven, They and ilk ane of them, ought to be punished with the pains of law, and effectuallie discharged to intrude into or molest the said parish, and otherwayes punished, as the Lords of our privie Counsell, Shall think fitt; As also for remead and preventing so great a disorder, The Saids Lords would be pleased to ordaine the said meeting house to be Shutt up, And to impower and order the Magistrats ² to Burgh and landward for that effect, As also to Shutt up, or otherwayes effectuallie restraine all such other meeting houses as shall be wnwarrantably sett up or keept within the said town and parish, To the terror of others to committ the lyke in tyme comeing, And Anent the charge given to the saids defenders to have Compeared befor the saids Lords of privie Councell ³ to have answered to the said Complaint, And to have heard and Seen Such order and course taken theranent as appertains, wnder the pain of rebellion and putting them to the horne, with certefication etc As in the said Lybell and executiones therof at length is Contained, The within lybell at the instance of Sir James Steuart her Majesties advocat against Mr Arthur Millar and others being called, and the persewars Compeiring personallie, and the defenders being absent, The persewar Intimated to the Lords of her Majesties privie Counsell that the defenders haveing been with him had ingaged not to preach or exercise any pairt of the Ministeriall function within the town or parish of St Andrews, which the Councell approved of, and the saids Lords haveing considered the said lybell, and conclusion therof, They doe heirby Appoynt and ordaine the meeting house keept within the Town of St Andrews or parish therof, To be Shutt up, And appoynts and ordains the Steuart of the Steuartrie of St Andrew and his deput and the Magistrats of the said burgh of St Andrews to See and cause the said meeting house keept within the Town or parishine of St Andrews To be Shutt up, and not opened again as a meeting as they will be answerable upon ther highest perrill. And not to Sufferr or permitt any Minister to preach or exercise any pairt of the Ministeriall function therin in tyme comeing, wnder the certification forsaid, And appoynts Letters of horning wnder the Signet of Councell upon Six dayes to be direct heirupon as effeirs.