Procedure: committee formed, 28 December 1706, Edinburgh

Att Edinburgh the Twelfth day of February J^aj vij^c and six years

A1706/2/3

A1706/2/3¹

Decreet

Decreet of Certification Mr John Webster etc against Mr Gideon Guthrie and others

Anent the Lybell and Letters of Complaint raised befor the Lords of her Majesties privie Councell at the instance of Mr John Webster Minister at the Kirk of Fetteresso, And John Blair agent for the Kirk, with concourse of Sir James Stewart her Majesties Advocat for her highness Interest In the matter wnderwrytten Makeing Mentione That wher by the laws and acts of parliament of this our realme, and particularly by the fyfth Act of the parliament J^aj vi^c and nyntie, The Church of Christ is established in this realme; and presbyterian Church Government Setled therin; Lykeas by the twentie third act of the parliament J^aj vi^c nyntie three It is Statut and ordained that the Lords of privie Councell, and all other Magistrats, Judges and Officers of Justice, Give all due assistance for makeing the Sentences and Sensurs of the Church and its Judicaturs to be obeyed or otherwayes effectuall; And Sicklyke by the twentie Second act of the parliament J^aj vi^c nyntie fyve, all Intrudeing into Churches and parishes without a legall Call and admission therto are expressly prohibite and discharged, And his Majestie Recommends it to the Lords of Privie Counsell to remove all Intruders And to take Some effectuall course for Stoping, and hindering them to have intruded or Shall Intrude, Lykeas not only by acts of Counsell the² keyes of vaccant Churches are ordained to be given up to presbetries and ther orders and Churches to be patent to presbetries, And Letters are ordained to be directed for that effect; But by the act of parliament the threttieth of August J^aj vi^c nyntie eight for the preventing of disorders in the Supplying and planting of vaccant Churches, It is most Strictly appoynted that the forsaids acts of Councell be obeyed and that all Magistrats Should assist to make the Same effectuall; Nevertheless it is of verity that the Church of Fetteresso hath not only been intruded into by one Mr Gideon Guthrie without any Lawfull³ Call of the parish or admission from the presbetrie, But albeit the presbetrie hath according to the Just power Setled the said Mr John Webster to be Minister at the said kirk and parish of Fetteresso, And that the matter being brought by Apeall be for the Late Generall Assembly they by ther Act declaired the said Mr John Webster to be legally Setled Minister at the said kirk, and that he ought to be putt in possession of the said kirk and Manse, and that the said Mr Gideon Guthrie Should desist, and that he and all others haveing the keyes of the said kirk and Manse, Should delyver up the Same to the said Mr John Webster Complainer, Yet the said Mr Gideon in contempt of the act of the Generall Assembly and of the laws of this our Realme, Continues Still his Intrusion both upon the said kirk and manse, And the disorder hes arisen to that hight in that parish that it Scarce credible that any thing of that kind Should happine in all constitut or well Setled Church; For not only the said Mr John Webster Complainer is keept out of the Church, But also out of the Church yeard by a guard purposely posted their, that he and the parishioners cannot conveine for divyne worshipe either in Kirk or kirkyeard, but are violently debarred therfrae, The Ring-leaders in Surrhillock, Alexander and James Kinleyes, Millars in Milnes of Forrest, all in the said parish of Fetteresso, Daniell Moncurr Servant to George Chalmers in Stonehyve, David Gleig Son to Alexander Gleig in Fedders both in the parish of Donnottar, with Severall others ther Complices; And farder the said Guard and Rable violently furders the people from hearing the said Mr John Webster Complainer even when he preached without the without the Church yeard by Intercepting persons comeing to hear him, And obleidging them by force to returne without Sermon, as particularly happened wpon the Last or one or other of the Lords days in Apryll Last, They also endeavoured by force to pull others into the Church to hear the Intruder, And farder when the said Guard and Rable keept the Church yeard, they openly profaned the Lords day by mockeing and rediculeing Such as heard Mr John Webster, and wpon ane or other of the saids Lords days of Apryll the said George Burnet one of the chiefe rablers, did cruelly beat with a Staff ⁴ Severall persons who wer hearing the said Mr John Webster Complainer, Lykeas one Margaret Cant Sister to John Cant Kirk officer att Fetteresso threw Clods and Stones among Mr Websters hearers, And beat Some of them therwith to the great disturbance of Gods worshipe, and further the said Guard and Rable abovementioned, did threatine Some that had heard Mr Webster preach in the foirnoon with Imprisonement If they Should offer to hear him in the afternoon wpon one of the Sabbaths abovementioned, By all which it is manifast that the said Mr Gideon Guthrie his Intrusion and the disorders that have insued upon it are come to a most intollerable hight, and to astated disturbance and ryot, Wherfor the forsaid David Steivine, George Burnet, Alexander and James Keinleyes, Daniell Moncurr, David Gleig and Margaret Cant they and each of them and ther accomplices ought to be most sevearly punished, And the said Mr Gideon Guthrie not only ane Intruder as said is, But ane usurper to preach without any Lawfull title, And being nowayes qualified by takeing the oath of alleadgance, and Subscrybeing the Same with the Assureance, ought to be effectually removed, and als banished Conforme to the Sixth Act of the parliament J^aj vi^c nyntie three, and farder by reason of the open boldness by excess of the saids disorders, the Shirreff of the Shyre and his deputs or the nixt magistrats of the bounds, ought to be ordered to make the said kirk of Fetteresso patent, and delyver the keyes therof to the said Mr John Webster Minister, or to the presbetrie of Fordoun for his use, And the haill premisses being duly proven the forsaids Conclusions ought and Should be decerned by the decreit and order of our privie Councell To the example and terror of others to committ the lyke in tyme comeing And Anent the charge given to the saids defenders to have compeared befor the Saids Lords of Privie Councell at a certaine day bygone, to have answered to the said Complaint, and to have and Seen Such order and course taken theranent as appertains, wnder the pain of rebellion and putting them to the horne, with certification etc as in the said lybell and complaint with the executions therof at more length is contained, The within lybell at the instance of the said Mr John Webster Minister at the kirk of Fetteresso and John Blair Agent to the Kirk Against Mr Gideon Guthrie Intruder at Fetteresso, and other defenders being Called this day, And the persewers Compearing personallie att the barr, and the defenders being Lawfullie cited and oft tymes called and not Compearing The Lords of her Majesties Privie Councell In respect of the haill defenders ther absence and not Compearance as said is, Doe heirby Grant Certification Against the Saids defenders, and ordains letters of denounciation to be direct to Meacers or Messengers att armes to pass to the mercat Cross of […] and other places needfull, and therat in her Majesties name and authority duly lawfully and orderly denounce the saids haill defenders her Majesties Rebells, and putt them to her highness horne, Escheat and inrbing all ther moveable goods and gear to her Majesties use for ther contempt and disobedience.