Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	pay_v	say_a	sum_n	3,002	5	8.9846	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B03780	Information for Lieutenant Collonel Forbes, and John Forbes writer in Edinburgh Agent for the late regiment of Sir John Hill at Fort-William, against Captain Allan Cathcart, Captain Menzies and Captain Hamiltoun.		1700 (1700)	Wing I164D; ESTC R178648	5,836	4

even of their ordinary Pay are presented to him qua instructions And that the Captains do not so much as grant either Discharge or Receipt for Retention yea the Gratuities they got of it were payed in Cash without Receipt Lastly that the Collonel Dispensed the Remains of Retention without any Barr to his Inclinations as to time manner or Persons are more than sufficient Evidences that what ever he bestowed of the said Money after the Services of the Regiment was ●●t of pure Benevolence If it were otherways Collonels and those of the Leidges who deal with them would of ●ll men be the most Miserable For presently Captains and their Heirs would not only ●●peat the whole Retentions any time within 40. years from the Collonels and their Poste●ty But likewise any Conjunct or confident Person that got Money from them upon Pre●epts on their Agents must lay down unless they have keeped the Instructions of the onerous ●ause for what they Received Sir John Hills Captains themselves have ipso facto acknowledged and Homologate his ●y accepting unequal Shares from him and by granting Bonds which a Man would ne●er do for his own as appears by the Instances set down in the Condescendance of instru●tions subjoyned to the Collonels Petition As it is certain that while the Regiment stood ●he Complainers never dreamed of Challenging their want of former years Shares which is a ●●st Defence against them when ●it is Disbanded Without further reasoning on this Matter it is known to the Lords of His Majesties ●ost Honourable privy Council how His Sacred Majestie has always thus Determined and ●ow their Lordships did Reject the Petitions of the then Lord Lindsay and Buchans Officers before-mentioned But the Complainers knowing that they want things must invent Names and call their Case a speciality Yet it is most certain that no Vail can cover it from Justice It is indeed pretended that tho in the common case the Collonel may have the Retention yet their honest Collonel has abandoned his Right by his use and Custom of Communicating with them which is Instructed scripto by two several Writs viz. One in 1694 whereby he says in regard my Officers have been at great Expenses in Recruits after so many Draughts and other considerable Charges in this Dear and unwholesom place you are hereby Ordered viz. the Agent to pay our the Sum of 1400 lib. sterling which is in your Hands of Retention according to an Agreement made concerning the same At which time two of these Gentlemen were not Captains and had they been it is presumable their Proportions of the said Dividend had been but small considering the onerous Cause of the said Gratuity and the Complainers their deserts which are enumerat in Collonel Hills Letters to my Lord High Chancellor and my Lord Teviot but both good Nature and Manners makes the Lieutenant-Collonel forbear Particulars And Which Order of Agreement Major Forbes will give you c. and on the Back thereof Major Forbes says you are to pay the within written Sum 200 lib. to the Collonel 100 lib. to each Captain except Stuart and Hunter whose Shares are to be burdened with 20 libs to Caplain Cathcart and 20 libs to Richardson c. The other in 1695 says I desire you to allow Lieutenant Collonel Hamiltoun 50 lib. sterling over and above the 100 lib. allowed to him at the last Division of the 1400 lib. sterling among the Officers c. But before making particular Answers the Complainers would be pleased to mind that the Collonel in the first part of the foresaid order 1694 says That complaints were made to him how several persons who had no right to draw upon or meddle with the Retention Money do draw upon that Fond upon which he was censured as guilty of neglect in that which was peculiar to his post therefore he requires the Agent that he answer no Bills Orders or make payments of Money upon that Fond but such as come to you from my self under my own hand with this assurance that no other Bills or payments should be allowed in Accompt After which follows the precise words above set down anent the 1400 lib. Hence it is Answered 1. That the alledgance is not instructed but further the quite contrary is plainly proven For the Collonel vouches his Right and that non without his special order shall draw on or get any Money out of the Retention They accept of this Paper with this quality and can never approbat and reprobate the same Write It bears that even the 1400 lib. was distribute upon a specifick Accompt viz. Their Expences about that time in Recruits The Precept 1695 in favours of Hamilton calls what he got an allowance and the division of the 1400 lib. likewise an allowance to the Officers Which plainly implyes that it was only a temporary and precarius grant quoad these particular Sums especially considering that it adds this shall be your warrand without further receipt 2. It is a method of arguing that is indeed new which is the only speciality in the case he that deals a part of his excresent rents in almes must give the whole And a weekly 〈◊〉 day must be continued for ever A given Horse against the old Scots Proverb must 〈◊〉 looked in the teeth Gratifications which were always esteemed to be strictly interpr●●● must henceforth be Stretched beyond the subject gifted yea beyond all bounds Lib●●●lity must be frighted by making it of all that a man hath if he let out any indication● his generous mind There must be no moresuch a thing as the Lawyers call res merae faculi●● but all now must run to nece●sity and bonds 3. These papers do sufficiently Interpret th●● selves without any such comments as destroyes the Text. For the agreement mentioned the order 1694. is called an order of agreement and expresly referred to be told by M● Forbes and Major Forbes on the back of the same Write tells and signs as is above rep●●sented There is another piece of new Logick introduced by the Complainers viz. The Ag●● accompt of the Retention 1693 is docketed thus ' I Captain James Stuart being orde● by the Collonel to revise the above-written Discharge do certifie that I have examined Accompt and credentials c. As also the Collonel in a docket of the Accompt from 1● to 1698 says the above written Accompt being viewed by my Officers and perused me are found to be just and are allowed by me Ergo the Retention money belongs to 〈◊〉 Officers It is Answered the consequence is denyed And otherwise a compter might put up Money in his Pocket because he is imployed by the master of the Money to revise the compt In a word the Collonel is a good man a lover not only of a correspondence twixt Friends but likewise of his own ease and therefore it is no marvel that he took Officers assistance in that as well as his other undoubtedly peculiar business But it 's a● monstration that these very things do prove the right to have been owned in the Coll● in so far as 1. The Officers had orders from him and he that does by another doe● himself 2. The Write bears that they only viewed but he alone allowed 3. Suppose which is still more and more that the Discharges were to be assaulted the Collonels right not found to be good yet neither Lieutenant Colllonel nor Agent be lyable because quoad the Agent he has made bona fide payment by his Constituents o● and as to the Lieutenant Collonel suum recepit he has got but what was due to him by constituent viz. The Collonel and he neither did nor was obliged to enquire out what part of his Debitors Estate whither his own pay or other effects this Cash did proc●● For clearing whereof it may be considered that the common interest of mankind 〈◊〉 made this a principal in all Nations mobilia non habent sequelam fluxile Moveables 〈◊〉 especially Money passes without any burden of the last Possessor his personal oblidgments commerce necessary betwixt man and man requires that there be not Flood-gates ope● to Pleys for repetition of Money pretended to be wrongfully disposed This Money 〈◊〉 not stamped with the word Retention upon it and whatever way the Collonel and ge●t might have cleared among themselves in placing Debursments to one Accompt rath than another yet the Lieutenant Collonel is no ways concerned out of what Fond his Expences were furnished and it had been Impertinence in him to have asked the Collonel 〈◊〉 Question As this principal is founded in nature and necessity so the other that qui suum recipit is 〈◊〉 obliged to refound Is no less plain in Law as has been lately cleared by the Lords of S●● on in a famous Decision upon a remit of Parliament betwixt Hope of Kerss and Mu●● of Spot But so it is that the Lieutenant Collonel was imployed by the Collonel and 〈◊〉 proven of him by repeated approbations under his hand herewith produced which cli●● him in all the undertakings which he went about with so much fatigue and even superp●● Expences out of his own Pocket for the publick good and consequently he who set 〈◊〉 on work was bound to pay his Wages and such an honest master did never fail to 〈◊〉 them It s no ways to the purpose that the Lieutenant Collonel might have done some of 〈◊〉 own business in the intervals but always without prejudice of theirs For no Sense or Reason can improbat any such industery for a mans self when no other is indamaged by it a● his imployer and Collonel has been so far from thinking otherwise that he has fully app●●ven the Lieutenant Collonels faithful discharging of his Trust 4. As to the particular condescendence the Lieutenant Collonel and Agent are no wa● concerned to make any Answer thereto because they most humbly conceive that th● three separat grounds before represented are more than sufficient to exoner them without entring to detail