Warrant, 28 June 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Edinburgh The Twentie Eight day of June Jaj vjc nyntie two

D1692/6/291

Warrant

Warrand Mr Keneth Mckenzie to cite Balnagowen and others

Anent a Petition given in to the Lords of their majesties privy Councill be Mr2 Keneth Mckenzie minister at Fearne in the Dyocie of Ross Shewing That the petitioner was lawfully admitted minister at Fearn in Ross and has continued therin severall years endeavoring to performe his dutie with the good Lyking of the parishioners till in the year Jaj vjc nyntie one The Laird of Balnagowen upon what the pretence the petitioner knowes not Did by strange and illegall methods disturb the petitioner in the possessione of his Gleib Imploying severalls of his horsmen and defenders to possess the same by the violence not only without a Sentance Bot without so much as a visitatione before a Judge and because the petitioner did endeavor to retaine his possession and to Opposs the injuries offered by him The Laird of Balnagowan being shirreff did brevi manu without so much as calling the petitioner before any Court civill or eclesiastick debar him from entering his Church by breaking open the Church door and puting another lock upon it And setting guards of armed men on severall sabath dayes forcibly to hinder the petitioner and the parishinors from preaching and hearing the word of god in it, So that the petitioner did withdraw to a privat house for preaching to his people who war with great Dificultie hindred by the petitioner from falling on the guards and entering the Church by force And the petitioner who all along hade given obedience to their Majesties Commands and owned ther authoritie by praying for their majesties and in every thing hath behaved himself as a peacable minister and Dutifull Subject Understanding that severall Ministers ware to adress the generall assembly and Commission of kirk for being received into their fellowship as lawfull presbyters of the Church of Scotland Did for that end come to Edinburgh and did humbly adress to the Commissione of the kirk, And Likewayes the petitioner Did to his great expences raise a persuit against severall persones who hade Illegally and barbarously treated the petitioner, Bot the Laird of Balnagowan persisting in his ill will against the petitioner who never in the least had injured him he for preventing the redress that the petitioner might Justly expect from the honoraball Judges Declared by a paper under his hand that the Oppressiones and violence done by the pannalls was by his Command and authoritie therby as it ware giveing ane3 defye to all Justice And so after much travell and great expence the process against these Oppressors was lett fall Bot Balnagowan not content therwith did whillest the petitioner was at Edinburgh adressing to the assembly prevaill with four or five ministers (non of which ware in the same presbytrie nor shyre with the petitioner) with some others who Calling themselves a presbyterian meetting did in a strange methode by a Citation given by a footman cite the petitioner to a certaine day to Compeir and preach upon a text prescryved for tryall for […] qualificationes for the ministrie, And this against the petitioner who had been legally tryed and admitted ordained and instituted and exercised to the pastorall offices for severall years to the satisfactione of his Co-presbyters And all his people, on notice Wherof the petitioner did hast home Compeired on the day, And gave in his Just reasones of Declyneing their Court for casting their process and albeit his freinds and parishioners ware not only willing Bot desyreous to mantaine his right yet the petitioner by earnest dealling with them stopt all such motiones, and in pace therof to dutifull appeall to their majesties and the nixt generall assembly, notwithstanding quherof the said meetting (of what name and designatione The petitioner cannot know) Did proceed and sentance the petitioner without the least shaddow of Justice Law or force the4 prohibiting the people to oun him as their pasture for the futur who on the contrare did in all earnestness intreat the petitioner to continue in exercising his holy functione, which he continued to doe in most peacable maner, Bot the Laird of Balnagowan Continueing still to persecute the petitioner by many threates and meanaces by many insolencies Comitted by his people by bringing ministers from other shyres to preach in his Church by threatning ruine to his hearers and at last procureing some of the said pretended ministers to come to the Church wher Balnagowan himself the shireff did attend them, and their cited the petitioner to forbear his ministeriall functione under paine of excumunicatione As also threating the wholl Congregatione with excomunicatione and by Loss of their moveables fyneing and confyning before the shireff Court if the should presume for the futur to hear the petitioner which being lyke to raise Commotiones in that parish and shyre the petitioner hade with drawen, humbly to petitione redress from the saids Lords and protectione under the authoritie of their Sacred majesties And Therfore Humbly Craveing the saids Lords to grant letters to the petitioner to cite the said Laird of Blanagowan and others his accomplices before the saids Lords for their many violences and oppressiones Committed on the petitioner and to sett a stopt to that Illegall pretended meeting of these unknowen ministers who have not the least Shadow of Jurisdiction over the petitioner and against whose proceidings ther stand, a legall appeall to their majesties and the generall assembly and to warrand the petitioner to continue in his Lawfull possession both in office and benefice untill he be removed from them by the Just Sentance of a lawfull Judge as the petition bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be Mr Keneth Mckenzie They Ordaine letters to be direct at the instance of the petitioner against the Laird of Balnagowan And Androw Ross in Litleallan, John Ros taylor in Fearne Walter Ross shoemaker their and […] Ross of Eye his accomplices for Citeing them to Compeir before their Lordships upon the twentie Eight day of Jully nixt to come to answer to the points in the petitione relateing to the ministers They Allow the ministers to see and answer the same against the said day And appoints John Blair agent for the kirk to cause transmitt theis petition to the ministers and Report their answers therto so far as relates to them.

Edinburgh The Twentie Eight day of June Jaj vjc nyntie two

D1692/6/291

Warrant

Warrand Mr Keneth Mckenzie to cite Balnagowen and others

Anent a Petition given in to the Lords of their majesties privy Councill be Mr2 Keneth Mckenzie minister at Fearne in the Dyocie of Ross Shewing That the petitioner was lawfully admitted minister at Fearn in Ross and has continued therin severall years endeavoring to performe his dutie with the good Lyking of the parishioners till in the year Jaj vjc nyntie one The Laird of Balnagowen upon what the pretence the petitioner knowes not Did by strange and illegall methods disturb the petitioner in the possessione of his Gleib Imploying severalls of his horsmen and defenders to possess the same by the violence not only without a Sentance Bot without so much as a visitatione before a Judge and because the petitioner did endeavor to retaine his possession and to Opposs the injuries offered by him The Laird of Balnagowan being shirreff did brevi manu without so much as calling the petitioner before any Court civill or eclesiastick debar him from entering his Church by breaking open the Church door and puting another lock upon it And setting guards of armed men on severall sabath dayes forcibly to hinder the petitioner and the parishinors from preaching and hearing the word of god in it, So that the petitioner did withdraw to a privat house for preaching to his people who war with great Dificultie hindred by the petitioner from falling on the guards and entering the Church by force And the petitioner who all along hade given obedience to their Majesties Commands and owned ther authoritie by praying for their majesties and in every thing hath behaved himself as a peacable minister and Dutifull Subject Understanding that severall Ministers ware to adress the generall assembly and Commission of kirk for being received into their fellowship as lawfull presbyters of the Church of Scotland Did for that end come to Edinburgh and did humbly adress to the Commissione of the kirk, And Likewayes the petitioner Did to his great expences raise a persuit against severall persones who hade Illegally and barbarously treated the petitioner, Bot the Laird of Balnagowan persisting in his ill will against the petitioner who never in the least had injured him he for preventing the redress that the petitioner might Justly expect from the honoraball Judges Declared by a paper under his hand that the Oppressiones and violence done by the pannalls was by his Command and authoritie therby as it ware giveing ane3 defye to all Justice And so after much travell and great expence the process against these Oppressors was lett fall Bot Balnagowan not content therwith did whillest the petitioner was at Edinburgh adressing to the assembly prevaill with four or five ministers (non of which ware in the same presbytrie nor shyre with the petitioner) with some others who Calling themselves a presbyterian meetting did in a strange methode by a Citation given by a footman cite the petitioner to a certaine day to Compeir and preach upon a text prescryved for tryall for […] qualificationes for the ministrie, And this against the petitioner who had been legally tryed and admitted ordained and instituted and exercised to the pastorall offices for severall years to the satisfactione of his Co-presbyters And all his people, on notice Wherof the petitioner did hast home Compeired on the day, And gave in his Just reasones of Declyneing their Court for casting their process and albeit his freinds and parishioners ware not only willing Bot desyreous to mantaine his right yet the petitioner by earnest dealling with them stopt all such motiones, and in pace therof to dutifull appeall to their majesties and the nixt generall assembly, notwithstanding quherof the said meetting (of what name and designatione The petitioner cannot know) Did proceed and sentance the petitioner without the least shaddow of Justice Law or force the4 prohibiting the people to oun him as their pasture for the futur who on the contrare did in all earnestness intreat the petitioner to continue in exercising his holy functione, which he continued to doe in most peacable maner, Bot the Laird of Balnagowan Continueing still to persecute the petitioner by many threates and meanaces by many insolencies Comitted by his people by bringing ministers from other shyres to preach in his Church by threatning ruine to his hearers and at last procureing some of the said pretended ministers to come to the Church wher Balnagowan himself the shireff did attend them, and their cited the petitioner to forbear his ministeriall functione under paine of excumunicatione As also threating the wholl Congregatione with excomunicatione and by Loss of their moveables fyneing and confyning before the shireff Court if the should presume for the futur to hear the petitioner which being lyke to raise Commotiones in that parish and shyre the petitioner hade with drawen, humbly to petitione redress from the saids Lords and protectione under the authoritie of their Sacred majesties And Therfore Humbly Craveing the saids Lords to grant letters to the petitioner to cite the said Laird of Blanagowan and others his accomplices before the saids Lords for their many violences and oppressiones Committed on the petitioner and to sett a stopt to that Illegall pretended meeting of these unknowen ministers who have not the least Shadow of Jurisdiction over the petitioner and against whose proceidings ther stand, a legall appeall to their majesties and the generall assembly and to warrand the petitioner to continue in his Lawfull possession both in office and benefice untill he be removed from them by the Just Sentance of a lawfull Judge as the petition bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be Mr Keneth Mckenzie They Ordaine letters to be direct at the instance of the petitioner against the Laird of Balnagowan And Androw Ross in Litleallan, John Ros taylor in Fearne Walter Ross shoemaker their and […] Ross of Eye his accomplices for Citeing them to Compeir before their Lordships upon the twentie Eight day of Jully nixt to come to answer to the points in the petitione relateing to the ministers They Allow the ministers to see and answer the same against the said day And appoints John Blair agent for the kirk to cause transmitt theis petition to the ministers and Report their answers therto so far as relates to them.

1. NRS, PC2/24, 67v-68v.

2. Insertion.

3. The word ‘Designe’ scored out here.

4. The word ‘people’ scored out here.

1. NRS, PC2/24, 67v-68v.

2. Insertion.

3. The word ‘Designe’ scored out here.

4. The word ‘people’ scored out here.