Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n faith_n hear_v word_n 3,321 5 5.3463 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A54942 Oppression under the colour of law, or, My Lord Hercarse, his new new praticks as a way for peaceable subjects to be ware of pleying [sic] with a hot spirited Lord of the Session so far as is possible when arbitrarie government is in the dominion / published by Mr. Robert Pittilloh. Pittilloh, Robert, 1621?-1698. 1689 (1689) Wing P2311; ESTC R28443 24,849 33

There is 1 snippet containing the selected quad. | View lemmatised text

Natural Equity It was answered primo This Back bond was granted by a Wife stante Matrimonio and under Reduction 2do Finding there was much weight laid upon it we offered under protestation that it should not be prejudicial to our Reduction to Count and Reckon presently without an Order of Redemption Albeit in Law without an Order we were not tyed to Answer To the first it was replyed the Reduction is without prejudice of Inchdarnies Authors real Right which Inchdarnie produced to clear the same which was true as to the matter but most impertinent as an answer to the Defence produced It was not contraverted but their real Rights were valid but they could never be a ground for Mails and Duties in prima instantia nor any other Right they produced but the Apprysing which the Defence above-mentioned did totally elied But my Lord Drumcairn being straitned with the Defence answered himself that our Reduction was but as to personal Execution against Margaret Wardlaw To which I replyed my self my Lord The peril of the cause upon that And hear we desire the Judicious Reader to consider whether the Ordinar who gave such an Answer had purused the process or if implicita fide he had followed my Lord Hercarse his Faith seeing the very words of the Reduction are Finds the first Reason of Reduction relivant and proven to so far as concerns the personal Obligdment and all that has followed or may follow thereupon as Null And therefore Reduces Retreats Cassis and Annuls the saids Bands in so far as they personally obliege the said Margaret Wardlaw with all Decreets of Apprisings Charters Seasings Decreets of Removing following thereupon Declaring the same to have been from the beginning to be now and in all time coming Void and of none Effect quo ad eam in so far as the samen are deduced against her upon the foresaid personal Oblidgement Likeas if his Lordships patience would have admitted us a Hearing we could shewed him further that she stood in no need of a Security for her person in regard the same was already sufficiently secured by a Suspension standing yet undiscussed To the second there was nothing answered But there was no Reduction produced which was an Answer of no value it being time competent enough to produce it at any time before the Count and Reckoning was ended Especially the same being offered before useing an order of Redemption or raising Declarator thereon But my Lord without further answer or heeding what was said decerned and so went hastily from the Side Barr refusing us the Lords Answer upon a Maund which in Law is competent to all Subjects in the Kingdom Hereupon to morrow thereafter I put in a Bill to the Lords of the Tennor following MY Lords of Council and Session unto your Lordships humbly Means and Shews We your Servitors Margaret Wardlaw Conjunct Fiar of the Lands of Killernie and Bandrum and Mr. Robert Pittilloch Advocate her Hushand for his Interest That whereas on Friday the 24 of this Instant My Lord Drumcairn at the Side Barr past a Decreet in favours of Inchdarnie preferring him to the Dueties of the saids Lands For the Demonstrating the Iniquitie of this Sentance Your Petitioners conceives it their duty to Represent to your Lordships the whole tract of this Affair which is as follows viz. Inchdarnie having fain in by an unexpected Accident to some Mails and Deuties alleged resting to Alexander and Archbald Stewarts Vncles to the Laird of Rossyth and my Lord Hercarse having sent for the said Mr. Robert under pretence of Agreement therefore and received from him these Rational Answers That he could not make any Agreement for any Mails and Dueties till he had agreed with Rossyth in whose person the Heritable Right stood because it would not only be an Homologating of Rossyths Right but the paying out of Mails and Dueties for a Liferentrix For the return whereof he had no assurance by reason of the uncertaintie of her Life and that he was in terms with Rossyth for the Heritable right in order to Agreement for what Mails and Dueties should be found due In place of expecting the close of this Agreement which your Petitioners hastned they being in terms before to this purpose rationally to have satitfied his Lordship Inchdarnie with concourse of my Lord Hercarse his Father in Law after your Petitioners had verbally agreed with Rossyth for the said heretable Right and it was concluded it should be drawn in write with all possible conveniencie caused him dispone his Right to his said Son in I am for a 1000. Merks Scots less then your Petitioner had agreed for he having a great Action depending in the Session against my Lord Annandale and knowing the great Figure Hercarse made amongst the Lords 2ly Having obtained this Right his Son in Law raised summonds against your Petitioners and their Tennants for Mails and Duties in which Action we were most ready and willing to have answered him according to the Laws and practick of the Kingdom but instead thereof in an unusual manner after the day of Compearance was past he raised a Suspension of double Poynding in the Tennants names which at we are informed by able Lawyers was never sustained but in favours of Suspenders really distressed by Chargers to be discussed upon a Bill when they could not find caution Farr less at the instance of the Pursuers when the alledged Suspenders disclaimed and disowned the same under their hands As also your Petitioners alledged Chargers on the other part Disowned the same 3dly When the saids Tennants did put in a Bill Craving That in regard they had disowned the same and that it was filled with calumnious untruths it might be either given up to them as their own proper Evident to be cancelled or at least Inchdarnie might be ordained to subscrive the same before witnesses and formaliter abide thereat whereby they are prejudged of their Improbation the remedie of Law in such cases 4ly That in all Actions for Mails and Dueties of which nature this is mutato solummodo nomine no Decreet can in Law be pronounced where a terme is assigned for producing an Interest for disobedience till an Act be Extracted and after Extracting Called and the Terme Circumduced for not Production Yet in this Action before an Act was Extracted a Decreet was pronounced while your Petitioners upon Legal grounds rested secure and had given money to the Extracter for a sight of a scroll of the Act when it was called by their Adversary my Lord Drumcairn past a Decreet of Preference in favours of Inchdarnie 5thly His Lordship upon an Address made to him since we produced Margaret Wardlaws Infefiment having called this Action again we proponed an unanswerable Defence why Inchdarnie could not be preferred viz. That the Apprysing which was the ground of all the Process was reduced quo ad Margaret Wardlaw My Lord Hercarse Procurator for Inchdarnie answered that our Reduction did not prove our Alledgance and that be