Act, 29 February 1700, Edinburgh

Judicial Proceeding, 10 December 1700, Edinburgh

Att Edinburgh The Twenty Nynth day of February Jaj viic years

A1700/2/281

Act

Act In favours of the Earle of Tullibardine

Anent The Petition given in To the Lords of his Majesties privy Councill By John Earle of Tullibardin Shewing That whereas Their Lordships having granted Commission to him of the date the fourteenth of September last, Constituteing and ordaining him, To be Baillie of the Regality of Athol and of the office of Forrastry therof, upon The account of the Marquess of Atholl, hes father his not qualifieing himself according to law. And The Petitioner having qualified himself as Baillie of the Regality But as to the office of Forrestry It being only Insert in the said Commission through Mistake, It not being propperly ane office of Jurisdiction but a Right and priviledge belonging to the Lands of that pains of the Earledome Erected in a Forrestrie and So does not fall under the act of Parliament, appointing all persones having Right to offices of Jurisdiction To qualify to his heretable Right and priviledge of Forrestrie, It is Just and Reasonable That the office of Forrestry be delate out of the warrand of the said Commission which the Clerk of Councill makes Scruple to doe without their Lordships order. And Therfore Humbly Craving To the Effect underwrittin as the said Petition Bears. The Saids Lords of his Majesties privy Councill having Considered this Petition given in to them by John Earle of Tullibardin, They heirby give order and warrand and ordains the Clerk of Councill To delate the word Forrastrie of the above Regality out of the Interloquitor of Councill, which is the warrand of the above Commission, And ordaines The Clerks To Receave in and destroy the Commission already Extracted, And To give to the Earle a new Extract of the said Commission without the Forrestrie Insert therin, And Recomends To Sir James Stewart his Majesties Advocat To Inform himself If the Forrestrie be a distinct Jurisdiction different from the Regality And If he who possesses the said Right of Forrestrie be oblidged To take the oath of Alledgance and assurance and make his Report to the Councill with his Lordships first Conveniency.

Att Edinburgh The Twenty Nynth day of February Jaj viic years

A1700/2/281

Act

Act In favours of the Earle of Tullibardine

Anent The Petition given in To the Lords of his Majesties privy Councill By John Earle of Tullibardin Shewing That whereas Their Lordships having granted Commission to him of the date the fourteenth of September last, Constituteing and ordaining him, To be Baillie of the Regality of Athol and of the office of Forrastry therof, upon The account of the Marquess of Atholl, hes father his not qualifieing himself according to law. And The Petitioner having qualified himself as Baillie of the Regality But as to the office of Forrestry It being only Insert in the said Commission through Mistake, It not being propperly ane office of Jurisdiction but a Right and priviledge belonging to the Lands of that pains of the Earledome Erected in a Forrestrie and So does not fall under the act of Parliament, appointing all persones having Right to offices of Jurisdiction To qualify to his heretable Right and priviledge of Forrestrie, It is Just and Reasonable That the office of Forrestry be delate out of the warrand of the said Commission which the Clerk of Councill makes Scruple to doe without their Lordships order. And Therfore Humbly Craving To the Effect underwrittin as the said Petition Bears. The Saids Lords of his Majesties privy Councill having Considered this Petition given in to them by John Earle of Tullibardin, They heirby give order and warrand and ordains the Clerk of Councill To delate the word Forrastrie of the above Regality out of the Interloquitor of Councill, which is the warrand of the above Commission, And ordaines The Clerks To Receave in and destroy the Commission already Extracted, And To give to the Earle a new Extract of the said Commission without the Forrestrie Insert therin, And Recomends To Sir James Stewart his Majesties Advocat To Inform himself If the Forrestrie be a distinct Jurisdiction different from the Regality And If he who possesses the said Right of Forrestrie be oblidged To take the oath of Alledgance and assurance and make his Report to the Councill with his Lordships first Conveniency.

1. NRS, PC1/52, 79-80.

1. NRS, PC1/52, 79-80.