Att Edinburgh The Twelfth day of September J^aj v^ic nynty nyne years

A1699/9/5

A1699/9/5¹

Decreet

Decreet of Deprivatione His Majesties Advocat against Mr James Gordon

Anent The Lyble or Letters of Complaint Raised and pursued before the Lords of his Majesties Advocate, For his highness Interest in the matter underwrittin. Making Mention That where By The Twenty Two act of the fifth Session of this current parliament It is Statute That whoever Thereafter Should Intrude themselves into any Church or possess manse or Benefice or Exercise any pairt of the ministeriall function within any paroch without ane orderly call from the Heretors and Eldership and legall admission From the Presbetrie of the Bounds Should be Removed and declared Incapable of Enjoyning any church Stipend or Benefice For the space of seven years thereafter, And Furder It is Recomended to the Lords of privy Councill, To Remove all such who preceeding the said act did since the Establishment of the present Church Government Intrudes in manner forsaid, as also to Take some Effectuall course for Stopping and hindering of these ministers who then were or thereafter Should be deposed by the Judicatories of the Church From preaching or Exerciseing any pairt of their ministeriall function, which by the same act is declared they cannot doe without a high Contempt of the authority of the Church and of the Laws Establishing the same Notwithstanding whereof it is of verity That Mr James Gordon sometime a pretended preacher att Foveran in Aberdeen Shire, Casting of all fear of God And in high Contempt of his Majesties authority and laws hath most disorderly and Scandalously Intruded himself into the paroch of Montrose and Furder presumed To take upon himself the sacred office and function of a minister of the Gospell within this church, albeit orderly therfrae deposed, In sua far as That he having some years agoe intruded into the paroch of Foveran was therfore and For certain other causes Suspended by the Said Presbetry from the office of a Preacher, And Thereafter he persisting To contemn their authority by his preaching still and contumaciously Refuseing to appear before them was for his said Contumacy and also for his False and Erronious Doctrine proven against him in the said process of Suspension, Deposed from all Exercise of the ministeriall Function as the Sentence of deposition in the hands of the Clerks of Councill bears. Which Sentence of deposition albeit he was Constrained so farr to notice as to Remove from the paroch of Foveran, as likeways That he did acquiesce therto for a certan tyme yett Thereafter in his disorderly frowardness, he presumed To Intrude and Preach near Montrose, albeit the said Kirk and paroch be regularly and well planted, and That the said Mr James was both suspended and deposed as said is, And Likeways under a Sentence of the Lords of his majesties privy Councill for his said Intrusion att Foveran For which cause also The said Mr James was conveened again before the saids Lords of privy Councill in Aprile J^aj v^ic nynty and seven years, wherby he likeways made his appearance and in hopes of his amendment at the adviseing off his process, Continued untill the then next meeting of Councill, which lenity and Indulgence might certanly have oblidged him to a better behaviour or at least To forbear any disorderly and illegall preaching during the said dependency, yett he Still disappointing all gentle methods To Reclame him hath since that tyme been more presumptously disorderly then ever, And hath not only continued his meeting house and to preach within the said paroch of Montrose But hath also Imployed severall unqualified ministers To preach For him In his said meeting house and proceeded att length to the Boldness as to Intimate lately in his meeting house, and some weeks before, That he Intended To Celebrate the Sacrament of the Holy Communion upon a certan Sabbath of the then² present moneth of august, And Tho The Advocate getting notice of that, did send him a Letter monitory To forbear, Because of the scandall therby given and off the ill Consequences likely to Ensue and That he Receaved this Letter, yet he wilfully persisted and doth still persist in his forsaid most Irregular scismatick and Illegall practices, and in Effect is not only the scandall of the Church and of all good men But under the pretext That he hath qualified himself by taking the oath of Alledgance and assurance which yett he neither hath nor can make appear, he Imployes unqualified preachers, and is a great Fourment of disafection To his majesties Government in all these pairts By all which it is Evident That he is guilty airt and pairt of a most presumptous and aggravated Intrusion and of high Contempt not only of the Church Censures, but off his Majesties authority and laws, As likewayes of most pernicious fourmenting of disaffection to his Majesties Government, which crymes or any of them being proven he ought not only to be Removed from the said paroch of Montrose and decerned Effectually to desist from his forsaid Intrusion and presumption by finding caution or otherways, But likeways Further punished in his person and goods by Sentence of the saids Lords of privy Councill, To the Example and Terror of others to doe the like in time coming. And Anent the charge given to the said defender To have compeared personally before the saids Lords of privy Councill To have answered to what should have been laid to his charge and To have heard and seen such order and course taken theranent as the saids Lords should think fitt, under the pain of Rebellion and putting of him to the horn with Certification etc as the saids principall Letters and Executiones in themselves more Fully bears, which Lyble being this day called In presence of the saids Lords of privy Councill, and The said Lord Advocate and Sir Patrick Hume his Majesties Solicitor Compearing personally as persuers, And The said Mr James Gordon defender Compearing also personally, The Lyble and answers given in therto for the defender being Read and both parties being Fully and att length heard, The Saids Lords haveing considered The Lyble and answers with the whole matter, They Find That the said defender Stands deposed and he haveing acknowledged att the Councill Barr, That he hes Employed Severall unqualified ministers, To preach in his meeting house, And Therfore the saids Lords of privy Councill, Discharges the said Mr James Gordon To Exercise any part of his ministeriall Function within the paroch of Montrose from and after the day and date heirof, And decernes and ordaines the said Defender Instantly to Flitt and Remove himself furth and from the said paroch of Montrose And discharges him to Return therto, without speciall warrand from his Majestie or the privy Councill for that Effect, And decernes and ordains all meeting houses att Montrose whereat the said defender did preach and Exercise his Ministry to be Shutt up and closed, And discharges meeting houses to be any more made use off in time coming in the said paroch And ordaines the Magistrats of Montrose if the meeting houses be within their Bounds and the Sheriff principall of the shire of Angus or his Deputs If they be not within the said magistrats their Bounds, To take care and see the last pairt of this Interloquitor anent the meeting houses punctually observed and putt To Execution and to make their Report therof To the Councill with all Expedition And ordaines Letters of Horning on Fifteen days warning and others needfull to be direct heiron in Form as Effeirs. Both against the defender and the Magistrats and Sheriffs and his Deputs.