Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years
A1699/11/13
A1699/11/13
Decreet
Decreit The Lord Advocate Against Mr James Campbell
Anent The Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill at the Instance of Mr Hugh McHendry minister at the Kirk of […] and Mr James Lesly minister and moderator of the presbetry of the Bounds with concurse of Sir James Stewart His Majesties Advocat for his highness Interest in the matter underwritten mentioning That where by the Laws and acts of Parliament of this and all other well governed Realmes all violence and Riots are discharged Specialy when committed upon the Lords day, In opposition to a minister Sent Laufullie to preach the Gospell which is also a Breach of the Sabbath, and the said crimes Especialy when aggravated by other heinous Circumstances ought to be Severly punished. Nevertheless It is of verity That the persones aftermentioned are guilty of the saids crymes, In so far as The Kirk of Monimuze in the Shire of Angus having been vacant for a long time by the death of Mr David Campbell late Incumbent there, The united presbetries of Brichen and Aberbrothock, Thought it their Duty to Send ane of their number, To preach in that vaceancy and accordingly did appoint The Said Mr Hugh McHendry, To Repair to the said kirk and To preach their For Two Sabbaths being the nynth and Sixteenth days of July last But the Said Mr McHendry comeing there The First Sabbath gott the Keys of the Kirk from the Beddall upon demand and preached their and according to his order declared the Kirk vacant without any opposition, yett coming ther the Second Sabbath He was violently Repulsed from the Kirk door by severall women Viz Elspeth Hay in the Tullo, Issobell Mcinhar there, Agnes Findlay in Beyordie, Jannet Kinneir Spouse to James Berice in the mains of Belnamoon and Agnes Mitchell in Blackhall haveing Clubbs in their hands, Did vow and Swear to the said Mr McHendry, That he Should have no access to the kirk that day, And when he again Essayed To Enter, They Repulsed him in the Same manner, wherupon perceaveing That they hade The Countenance and assistance of Severall other persones both in the kirk-yeard and Manse, He Retired from the Kirk and preached in the Kirk-yeard, But no Sooner was the publick worship begun Then the forsaid women made the most Irreligious profane and wicked Interruption that hath been heard off, By railing mocking and uttering Such obscene and blasphemous Language as cannot be repeated without horror, For amongst other Expressiones, when The minister Said let us Sing to the praise of God, They Cryed out Sing green Sleeves, And when in his Sermon he mentioned the name of God, They cryed out where is your God, He is walking in the valleys of Ogill, And one of them said I Think he is Sleeping and it may be he is dead. And Farder in the tyme of publick worship, one David Livingstone, Son to Patrick Livingston in Brichen, and Sister Son To Mr James Campbell who after his Fathers Death Intruded himself in the said Kirk, Stood att the gate of the manse and played upon a Flagellat apeing and Ridiculing the minister, Likeas about the Close of the sermon the forsaid women and others made a great Tumult, and uproar by assaulting both men and women, That came to hear Sermon and laying violent hands upon them, Rent their Cloaths and Threw them to the Ground, wherby they were Sore beaten, and bruised and particularly they beat John Donaldson Indweller in Brichen ane aged man, In a most Cruell manner to the Effusion of his Blood, And when some by-standers hade Rescued him, he was again pursued by James Fair-Weather and his Brother Robert servants to the Laird of Belnamoon and James Gibb in Lochlie, who Severly beat him and violently took from him the keys of the kirk with his bonnett off his head and So Eager and Spitefull was their Malice that when they said Mr McHendry the minister and others were going away, one of the said Women threw a great Stone att him, and Then the forsaid Rablers began to ring the Bell for to Conveen the people again, where The forsaid Mr James Campbell, The Intruding preacher, preach to them in the Manse; Likeas The said Mr James Campbell Threatned James Bellie For delivering up the Keys of the said kirk, to the said Mr McHendry and vowed to be ane Enemy to him For Seven years to come, By all which It is Evident, That the forsaid women abovementioned with the said David Livingston, James and Robert Fair-weathers, James Gibb, and Mr James Campbell with their Complices all or one or other of them are guilty airt and pairt of the saids disorders and Crymes, which being proven against them, They ought to be punished in their persones and goods by Sentence of the Lords of his Majesties privy Councill To the Example and terror of others To Committ the like in tyme Comeing. And Anent the charge given to the Saids Lords of his Majesties privy Councill at ane certan day bygone, To have answered to the Grounds of the within 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 said Lyble with the Executiones therof att more length is contained. Which Lyble Being this day called in presence of the Saids Lords of his Majesties privy Councill, And The Saids persuers being oftimes called and not Compearing And Sir James Stewart his Majestys Advocate and Sir Patrick Home His Majesties Solicitor, Compearing as Advocates for both the pursuers And Mr James Campbell one of the Defenders Compearing personally, And the haill other defenders being laufully cited oftimes called and not Compearing, The Lyble and answers therto for the said Mr James Campbell, Compearing as said is being Read, and the Saids Lords, Having Considered the Lyble and Answers therto, They heirby Decerne and ordain the said Mr James Campbell, Instantly to Flitt and Remove himself furth and frae the Kirk and Manse of Manimoore, And discharges him to preach in tyme coming att the said Kirk within the said paroch, And grants Certification against the haill other Defenders, In Respect of their absence and not Compearance And ordaines Letters of Denunciation to be direct, To macers or Messengers att armes to pass To the mercat Cross of […] and other places needfull, And Thereat In his majesties name and authority duely Laufully and orderly denunce the haill within named defenders. (Except the said Mr James Campbell, His Majesties Rebells, and to ordain their moveable Goods and Gear to be Escheat and Inbrought To his Majesties use for their Contempt and disobedience
Nota.
This is forgott att the Right place where it ought to have been booked, which is the 14 day of November 1699 but, is booked here per licet.
Att Edinburgh The fourteenth day of November Jaj vic nynty nyne years
A1699/11/13
Decreet
Decreit The Lord Advocate Against Mr James Campbell
Anent The Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties privy Councill at the Instance of Mr Hugh McHendry minister at the Kirk of […] and Mr James Lesly minister and moderator of the presbetry of the Bounds with concurse of Sir James Stewart His Majesties Advocat for his highness Interest in the matter underwritten mentioning That where by the Laws and acts of Parliament of this and all other well governed Realmes all violence and Riots are discharged Specialy when committed upon the Lords day, In opposition to a minister Sent Laufullie to preach the Gospell which is also a Breach of the Sabbath, and the said crimes Especialy when aggravated by other heinous Circumstances ought to be Severly punished. Nevertheless It is of verity That the persones aftermentioned are guilty of the saids crymes, In so far as The Kirk of Monimuze in the Shire of Angus having been vacant for a long time by the death of Mr David Campbell late Incumbent there, The united presbetries of Brichen and Aberbrothock, Thought it their Duty to Send ane of their number, To preach in that vaceancy and accordingly did appoint The Said Mr Hugh McHendry, To Repair to the said kirk and To preach their For Two Sabbaths being the nynth and Sixteenth days of July last But the Said Mr McHendry comeing there The First Sabbath gott the Keys of the Kirk from the Beddall upon demand and preached their and according to his order declared the Kirk vacant without any opposition, yett coming ther the Second Sabbath He was violently Repulsed from the Kirk door by severall women Viz Elspeth Hay in the Tullo, Issobell Mcinhar there, Agnes Findlay in Beyordie, Jannet Kinneir Spouse to James Berice in the mains of Belnamoon and Agnes Mitchell in Blackhall haveing Clubbs in their hands, Did vow and Swear to the said Mr McHendry, That he Should have no access to the kirk that day, And when he again Essayed To Enter, They Repulsed him in the Same manner, wherupon perceaveing That they hade The Countenance and assistance of Severall other persones both in the kirk-yeard and Manse, He Retired from the Kirk and preached in the Kirk-yeard, But no Sooner was the publick worship begun Then the forsaid women made the most Irreligious profane and wicked Interruption that hath been heard off, By railing mocking and uttering Such obscene and blasphemous Language as cannot be repeated without horror, For amongst other Expressiones, when The minister Said let us Sing to the praise of God, They Cryed out Sing green Sleeves, And when in his Sermon he mentioned the name of God, They cryed out where is your God, He is walking in the valleys of Ogill, And one of them said I Think he is Sleeping and it may be he is dead. And Farder in the tyme of publick worship, one David Livingstone, Son to Patrick Livingston in Brichen, and Sister Son To Mr James Campbell who after his Fathers Death Intruded himself in the said Kirk, Stood att the gate of the manse and played upon a Flagellat apeing and Ridiculing the minister, Likeas about the Close of the sermon the forsaid women and others made a great Tumult, and uproar by assaulting both men and women, That came to hear Sermon and laying violent hands upon them, Rent their Cloaths and Threw them to the Ground, wherby they were Sore beaten, and bruised and particularly they beat John Donaldson Indweller in Brichen ane aged man, In a most Cruell manner to the Effusion of his Blood, And when some by-standers hade Rescued him, he was again pursued by James Fair-Weather and his Brother Robert servants to the Laird of Belnamoon and James Gibb in Lochlie, who Severly beat him and violently took from him the keys of the kirk with his bonnett off his head and So Eager and Spitefull was their Malice that when they said Mr McHendry the minister and others were going away, one of the said Women threw a great Stone att him, and Then the forsaid Rablers began to ring the Bell for to Conveen the people again, where The forsaid Mr James Campbell, The Intruding preacher, preach to them in the Manse; Likeas The said Mr James Campbell Threatned James Bellie For delivering up the Keys of the said kirk, to the said Mr McHendry and vowed to be ane Enemy to him For Seven years to come, By all which It is Evident, That the forsaid women abovementioned with the said David Livingston, James and Robert Fair-weathers, James Gibb, and Mr James Campbell with their Complices all or one or other of them are guilty airt and pairt of the saids disorders and Crymes, which being proven against them, They ought to be punished in their persones and goods by Sentence of the Lords of his Majesties privy Councill To the Example and terror of others To Committ the like in tyme Comeing. And Anent the charge given to the Saids Lords of his Majesties privy Councill at ane certan day bygone, To have answered to the Grounds of the within 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 said Lyble with the Executiones therof att more length is contained. Which Lyble Being this day called in presence of the Saids Lords of his Majesties privy Councill, And The Saids persuers being oftimes called and not Compearing And Sir James Stewart his Majestys Advocate and Sir Patrick Home His Majesties Solicitor, Compearing as Advocates for both the pursuers And Mr James Campbell one of the Defenders Compearing personally, And the haill other defenders being laufully cited oftimes called and not Compearing, The Lyble and answers therto for the said Mr James Campbell, Compearing as said is being Read, and the Saids Lords, Having Considered the Lyble and Answers therto, They heirby Decerne and ordain the said Mr James Campbell, Instantly to Flitt and Remove himself furth and frae the Kirk and Manse of Manimoore, And discharges him to preach in tyme coming att the said Kirk within the said paroch, And grants Certification against the haill other Defenders, In Respect of their absence and not Compearance And ordaines Letters of Denunciation to be direct, To macers or Messengers att armes to pass To the mercat Cross of […] and other places needfull, And Thereat In his majesties name and authority duely Laufully and orderly denunce the haill within named defenders. (Except the said Mr James Campbell, His Majesties Rebells, and to ordain their moveable Goods and Gear to be Escheat and Inbrought To his Majesties use for their Contempt and disobedience
Nota.
This is forgott att the Right place where it ought to have been booked, which is the 14 day of November 1699 but, is booked here per licet.
