Att Edinburgh the Fifteenth day of October J^aj vi^c nyntie six years

A1696/10/11

A1696/10/11¹

Decreet

Decreit His Majesties Advocat Against John Fraser for Blasphemy

Anent the Lybell or Letters of Complaint raised and pursued before the Lords of his Majesties privie Councill att the instance of Sir James Steuart his Majesties Advocat for his highness Intrest in the matter underwryten Mentioning That when by the Law of God The Laus and acts of parliament of this and all Christian Kingdoms The denying Impugning or quarrelling arguing or reasoning against the Being of God or any of the persons of the Blessed Trinity or the authority of the holy Scriptures of the old and new testaments or the providence of God in the Government of the worlde and that either by wryting or discoursing are Crimes of ane high nature and ought to be severely punished Nevertheless It is of veritie That John Fraser Book Keeper to Alexander Innes Factor in Edinburgh Casting off all fear of God and regaird to his Majesties Laus Did upon one or other of the days of July Agust or September Last bypast take the boldness in and by his discourse to deny Impugne Argue or reasone against the Being of God saying that ther was no God to whom men oued that reverence worship and obedience so much talked off And that tho ther was a being who Created the worlde yet that Creator did not make any of his Creatures to be damned for any evill that they should doe Lykeas the said John denyed Impugned or argued against the Immortality of the Soull affirming that the soull of Man Dyed as the Soull of a Beast And that ther was noe more account of it As Lykewayes that ther was no devill And when it was ansuered that it were to be wished The devill would Come and take him away that night that he might Beleive ther was a devill he wished the same and that he might but see him And as to the holy Scriptures he ridiculed them saying he beleived none of them Arguing against their divyne authority And affirming they were only made to freighten folks and to Keep them In order And when asked what religion he could be off that held such principles he ansuered of no religion at all but was first ane Athiest and that was all his religion By all which It appears that the said John Fraser Is guiltie airt and part of the Blasphemies and Irreligion above Lybelled Which Being proven he ought to be therfore punished in his persone and Goods by sentence of the Lords of his Majesties privie Councill To the example and terror of others to Committ the Lyke in tyme coming And anent the charge given to the saids John Fraser Defendar To have Compeared personallie before the saids Lords of his Majesties privie Councill att ane Certain day bygone To have ansuered to the grounds of the said Complaint And to have heard and seen such orders and course taken theirwith as the saids Lords should think fitt under the paine of rebellion And putting him to the horne with certificatione etc As in the saids principall Letters of Complaint with the executions therof at more Length is Contained Upon the thretteenth day of October Instant The said Lybell being Called in presence of the saids Lords of his Majesties privie Councill And the said Sir James Steuart for his Majesties Interest Compearing personallie And the said John Fraser Compearing also personallie Gave in the ansuers following to the said Lybell viz That waving the denyall of the Lybell and these other formalities that defenders usuallie Shelter themselves with against Complaints before the saids Lords he doeth with the greatest greiff of heart Imaginable Regrate his oune unhappiness and inadvertancy That any thing should have escaped him In discourse with Indiscreet and ignorant persons that should have given the Leist rise to so much dishonor to the Glorious name of god and offence to Good people as the subject of this Complaint has through unluckie mistake of the persons with whom he was in discourse now at Length happned to Give And before he make a speciall account of the discourse Complained of and occasione of the same he humblie Beggs Leave to Informe their Lordships That as he is the son of Robert Fraser in Peterhead who testified his firmness to the protestant religion according to the presbyterian persuasione by the hardship he underwent and repeated fynes he payed in the Late reigns as is Knouen to some of their Lordships Number And As his Education with his said father was with the Greatest regaird and respect to his being duely Instructed in the principles of our most holy Christian Religion whereof he hath Given evidence By his good Keeping the Church so doeth he oune himself of the same Religion And with the deepest and most profound veneration doeth he acknowledge the Being of God and the persons of the Blessed Trinity with the all wise and powerful providence of the most holy God over all the Creatures and their actions And doeth oun the divyne authority of the holy scriptures as the rule by which he is directed to Glorifie his God as the end of his Creation And This being promised he now in all humility And with abundance of Greif offer their Lordships the following true and sincere account of the discourse that seems to have Given occasion to this Complaint which was as folloueth Viz That upon the […] day of Agust Last by past about nyne of the clock at night he being in his oune chamber in the house of Robert Henry Their discourse came to dipp upon some very good notts of a sermone that had been preached the day before he not Knouing the Measure of his Landlord or Land Lady’s Knouledge or understanding in matters of divinity They being but strangers to him who had been some few weeks of before Lordged in their house he did indeed in the prosecution of their Discourse instance a Nottorious Blasphemer viz Charles Blunt in his peice Entituled his oracles of Reasone wher he adventured most Impiously as he hear to Impugne the diety and authority of the scriptures And to deny divine providence And thinking that his Landlord uould have ansuered the said Blunt his profane arguments he did resume one or tuo that fell then in his mind upon which his Landlady mistaking his meaning and Checking him for instancing such arguments The Landlord and she went out of the room to his Great surprisall And that he had not occasion to undeceave them as to their apprehensions of him till the next morning that he did see his Landlord And told him that he was a fool to have mistaken what he was saying of Blunt the night before And that he ought not to have misconstructed his principles By Imputing Blunts Athiestical tenents to him which he did expressly disoun to him as being of no such principles But on the Contrary that he had a Book Entituled Hugo Grotius of the truth of Christian religion which was able to defeat what any such Athiest was able to say against the same Nevertheless he is Informed that his Landlady did wrongously and Inadvertantly surmise her misapprehension of his principles which has occasioned no small greiff and trouble to him as well as ane open and manifest scandall to all holy men and Good Christians And this being the true rise and occasion to this Scandall Their Lordships may perceave that this Landlady her weekness and misapprehension has occasioned much trouble to him and dishonour to the holy name of God And albeit he goes not for declyning any Course their Lordships should think propper for Vindicating the honour of God upon his part as the most Greivous accident that could have befallen this That his discourse through the want of Judgement and weekness of these that discoursed with him should have even mistaken to such a degree as by their propagating their said mistake he should be made the occasion of Dishonouring God by such a scandall yet he in all humility Beggs their Lordships primo to Consider the terms of the Act Eleventh, session fifth of this Current parliament wheirby the first fault by such foolish reasonings is punishable only by publick satisfaction for removing the scandall And the uorlde Cannot say that Ever he was heard in such sort of reasonings as the Act of parliament does most Justly discharge his Land Lady’s misapprehending what he said expressly of Blunt not being his fault but the error of her Judgement Secundo that their Lordships would be pleased to Consider how farr his abhorrence of those Blasphemous principles heirby profest under his hand with what farder acknowledgements before Kirk sessions or Presbytries their Lordships shall think fitt may be sufficient for Liberating him for any appearance in sackcloth when in point of Concscience he Cannot openly acknowledge in presence of God that ever he did assert or oune any thing such thing as is Lybelled nor did speak of Blunts principles with any approbation therof But on the Contrary did reprobat the same nor did he occasion the scandall that is arisen by his Landlady’s misapprehension as said is And which a more publick appearance would rather but propogat and bring to the Knouledge of people who have not as yet been amused with any such relation of Blasphemous principles The Forsaid Lybell and Ansuers forsaids made theirto Being both read in presence of the saids Lords The Saids Lords of his Majesties privie Councill by their Interloquitor of the date the thretteenth of october instant Admitted the Lybell to the Lord Advocat his probation And the witnesses being Called for appeared and having made furth att the Barr The saids Lords nominated and appointed a Committee of their oune Number for examining the witnesses And reserved all objections which might be made against the saids witnesses to be prepared and discust before the Committee And the said Committee having mett Did take the oaths and depositions of diverse and sundrie famous witnesses who being all solemnly suorne Interrogat and examined Deponed and Declared as their oaths and depositions extant in preces bears And The saids Lords of his Majesties privie Councill being this day to Advyse the said proces The said defender gave in a petition to them Sheuing That wherin the Complaint his Majesties Advocat against the petitioner for his Crimes of discoursing Impugning of or reasoning against the Being of god and the authority of the holy Scriptures etc The probation being now to be advysed by their Lordships in all humility Beggs Leave to putt their Lordships in mind to Reconsider his ansuers to the Lybell primo The acknouledgment of the being of God The persons of the holy Trinity and the authority of the holy Scriptures as the rule by which the petitioner is directed to Glorifie god as the end of his Creation And of his profession of the true protestant religion secundo of the great grieff and sorrow he hath for his sin against God and scandall to all holy men and Good Christians in such foolish and profane reasoning before Ignorant people And in Citing such ane Blasphemous Author as Blunt Tertio of the abhorrence and detestation he hath to these blasphemous principles And Lastly that their Lordships would be pleased to mind That in his ansuers And at the barr acknouledged his foolish Reasonings etc But that in point of Conscience he Could not acknouledge that pairt of the Lybell Bearing such ane fearfull Imprecation and declaration Viz that he wished the devill to Come and take him away And that he declared he was of no Religion at all but ane Athiest which acknouledgment would have been a plaine Contradiction of what he had said in his ansuers And seing that none of this tuo is proven as their Lordships may perceave by the depositions of the witnesses Their Lordships would be pleased to Consider that the petitioner being a young man and Ignorant of the Acts of parliament And he being the first who has had the unluckie misfortune to fall under this Late Act of parliament And theirfore humbly Craving their Lordships would seriously Consider the premises with his ansuers to the Lybell And out of Compassion Be pleased to Liberat him upon his first Craving God pardon for the heynous sin Committed against his holy name and then their Lordships otherwise to remitt him to Give privat satisfaction to sessions or presbytries seing that more publick appearance would raither propogat the same And stumble some people and bring others to search after such blasphemous books who now Knous nothing of the same as the said petition at more Length Bears The saids Lords of his Majestiers privie Councill having this day Considered the depositions of the witnesses adduced upon the forsaid Lybell with the forsaid petition given in by the defender They Find it sufficiently proven That the Defendar has argued against the being of God The persons of the Trinity The Immortality of the soull and the authority of the Scriptures And therfore Decerns and ordains the said John Fraser defender to Continue prisoner in the tolbooth of Edinburgh untill he make his application to the presbytery of Edinburgh and Give publick Satisfaction in sackcloath at the parish kirk wher the said Crime was Committed in the terms of the Eleventh Act fifth session of this Current parliament And that he stand accordingly And Remitts him to the presbytrie to the effect forsaid And upon producing to the Clerks of Councill a testificat from the presbytrie of Edinburgh Bearing that the defender hath satisfied as above appointed Ordaines the Magistrats of Edinburgh and Keeper of their tolbooth to sett the petitioner at Libertie furth of the same.