Procedure, 24 December 1702, Edinburgh

Att Edinburgh the 5th February 1702

D1702/2/2

D1702/2/2¹

Act

Act In favours of Barklay of Cullairnie, anent the bailliary of Lindores

Anent the petition given in and presented to the Lords of his majesties privie Councill, by Thomas Barcly of Cullairnie with Concurse of John Barcly his Cousine and tutor for management of his affairs, and he for his interest Showeing that where my Lord Lindores haveing applyed to the saids Lords, in anno one thousand six hundreth and eighty three Representeing that through the petitioners minority the Bailiarie of Lindoores was thereby neglected and so his majesties srvice retarded, and the Leidges prejudged, and Therefore Craved Commission to be Baily There dureing the petitioners minority which was accordingly granted Recomending to the Commity for publict affairs to administrat to his Lordship the test, with power to him, to administrat the same to the other members of Court, Conform to the act dated the fifteenth of march one thousand six hundered and eighty three yeares, as to which the petitioners humbly Craves leave to Represent to the saids Lords primo that this act was only Craved and accordingly granted, dureing the petitioners minority which is Long Since elapsed, my Lord in his petition haveing acknowledged the petitioner to be heritaball Baily as truely the petitioner is notwithstanding whereof he masterfully opposes him, and the said John Barcly in the exercise of his Jurisdiction, albeit the saids Lords act gave him no further right to administrat then dureing the petitioners minority, which elapsed in anno Sixteen hunder and eighty four Since which tyme he, ought and most be lyable to the petitioner for the emoluments of Court, as to which He Craves action, may be reserved to him before the Judge Ordinary and that he may instantly be decerned by the saids Lords to desist from the exercise of the said Jurisdiction Especially seing secundo this act was obtained against the petitioner and his Curators wpon the accompt, they were not all freedom to take the test, of which his Lordship alsweell as of the petitioners minority did take the advantage, and thereby gott possession of what belongs to the petitioner, in property, and which he will not quitt altho that he hes no legall pretence thereto unless he be Compelled And² Therefore humbly Craveing the saids Lords would be pleased in Consideration of the premises, which the petitioner instantly verifies by ane extract of the act, in the Lord Lindores favors herewith produced, to recall the said act in the favors of the said Lord, that the petitioner may enter wpon the exercise of the said Jurisdiction, and to Discharge the said Lord Lindores from any further opposeing and molesting the the³ petitioner in the exercise thereof and to resrve to him action against the said Lord for the bygone emoliments Intrometted with by him and his deputs since the expyreing of the petitioners minority after which he had no Colorable title therto, as the said petition bears, The Lords of his majesties privie Councill haveing considered the within petition given in to them, by Thomas Barclay of Culerine with ansuers made thereto by John Lord Lindores, they hereby declare the act of privie Councill in favors of the saids John Lord Lindores, of the date, the fifteenth day of march sixteen hunder and eighty three whereby the said Lord Lindores hes right to be Baily of the Bailiary of the Lordship and Regality of Lindores, dureing the minority of […] Barcly then of Cullernie heritaball Baily thereof void and null and any possession, the said Lord Lindores hes be vertue thereof to be now extinguished and in all tyme comeing