Act, 12 March 1706, Edinburgh

Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Twelfth day of March Jaj vijc and Six years Counsell Called extraordinary

A1706/3/181

Act

Act In favours of Mr John Webster for possession of the Kirks manse and Gleib of Fetternesso

Anent the petition given in and presented to the Lords of her Majesties Privie Councell by Mr John Webster Minister of Fetteresso, Shewing that in the proces att his instance and the agent for the Kirk Against Mr Gideon Guthrie Intruder at the said Kirk of Fetteresso and Severall others, The Saids Lords inrespect of the not Compearance of the defenders, Granted certification in comon forme; And wpon the petitioners application by bill, Their lordships wer also pleased to ordaine the Shirreff of Kincardine not only to putt the petitioner in possession of the said Kirk of Fetteresso, but also to mantaine and defend him therin, And for that effect to make the kirk open and patent, and delyver the keyes therof to the petitioner, as ane act extracted therupon bears: And Seeing the Said Mr Gideon Guthrie continues the possession of the Manse and Gleib att Fetteresso, And that unless the saids lords appoynt him furthwith to remove, It would be impossible for the petitioner to attaine the possession therof, and by consequence to attend his charge att the Said Kirk as he owght, and that the most effectuall way would be to grant warrand to and appoynt the Shirreff of the Shyre to putt the petitioner in possession of the said Manse and Gleib, and dispossess the said Intruder, And therfor craveing to the effect wnderwrytten, as the said petition bears; The Lords of her Majesties Privie Councell haveing considered the said petition given in to them by Mr John Webster And the Samen being read in ther presence, The Saids Lords doe heirby Decerne and Ordaine the Said Mr Gideon Guthrie Intruder att Fetteresso, and to leave the Samen voyd and redd, that the petitioner may enter therto, And peaceably bruik and possess the Same, dureing his Incumbencie therat, And Ordains the Shirreff of Kincardine and his deputs to dispossess the said Mr Gideon Guthrie, And to Setle mantaine and defend the petitioner in the peaceable possession therof, And Ordains letters of horning wnder the Signet of Councell to be direct heirupon both against the said Mr Gideon Guthrie to remove, And als against the Shirreff and his deputs for putting the petitioner in possession of the said Kirk, Manse and Gleib.

At Edinburgh 12 March 1706. Council called extraordinarily

A1706/3/181

Act

Act in favour of Mr John Webster for possession of the kirk, manse, and glebe of Fetteresso

Concerning the petition given in and presented to the lords of her majesty’s privy council by Mr John Webster, minister of Fetteresso, showing that in the process at his instance and the agent for the kirk against Mr Gideon Guthrie, intruder at the said kirk of Fetteresso, and several others, the said lords, in respect of the non-appearance of the defenders, granted certification in common form. And upon the petitioners’ application by bill, their lordships were also pleased to ordain the sheriff of Kincardine not only to put the petitioner in possession of the said kirk of Fetteresso, but also to maintain and defend him therein, and for that effect to make the kirk open and patent, and deliver the keys thereof to the petitioner, as an act extracted thereupon bears. And seeing the said Mr Gideon Guthrie continues [in] the possession of the manse and glebe at Fetteresso, and that unless the said lords appoint him forthwith to remove, it would be impossible for the petitioner to attain the possession thereof, and by consequence to attend his charge at the said kirk as he ought, and that the most effectual way would be to grant warrant to and appoint the sheriff of the shire to put the petitioner in possession of the said manse and glebe, and dispossess the said intruder, and therefore craving to the effect underwritten, as the said petition bears. The lords of her majesty’s privy council having considered the said petition given in to them by Mr John Webster, and the same being read in their presence, the said lords do hereby discern and ordain the said Mr Gideon Guthrie, intruder at Fetteresso, to leave the same void and cleared, that the petitioner may enter thereto, and peaceably have and possess the same, during his incumbency thereat. And ordain the sheriff of Kincardine and his deputes to dispossess the said Mr Gideon Guthrie, and to settle, maintain, and defend the petitioner in the peaceable possession thereof. And ordain letters of horning under the signet of council to be directed hereupon both against the said Mr Gideon Guthrie to remove, and also against the sheriff and his deputes for putting the petitioner in possession of the said kirk, manse, and glebe.

1. NRS, PC1/53, 455.

1. NRS, PC1/53, 455.