Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	earl_n	heir_n	son_n	26,491	5	5.6823	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B03786	Information for the Earl of Roxburgh, and Mr. William Ker his brother, against John Lord Ballenden.	Roxburghe, Robert, Earl of, d. 1696.; Roxburghe, John Ker, Duke of, ca. 1680-1741.; Ker, William, d. 1741.	1700 (1700)	Wing I164O; ESTC R178656	3,716	4

〈…〉 FOR The Earl of Roxburgh and 〈…〉 his Brother 〈…〉 THE Deceast Lord Ballenden be vertue of a Facultie in his Patent of Honour Named Mr. John Kerr youngest Son to the Ea●l of Roxburgh now Lord Ballanden to succeed him in his Dignity and Honours and substitute others of the Earls Sons to him and failz●eing of all these and the Heirs Male of their Bodies he substitute the 2d Son of the Earl of Roxburgh for the time being And to maintain the Honour he Dispones to the Lord Ballenden and the Heirs of Tailzie about 200000 merks to which the Earl of Roxburgh adds more than 60000 merks All which is strictly Tailzied under several irritancies and the Members of Tailzie prohibit to Contract Debt or do deids whereby the Estate may be deteriorat in prejudice of the succeeding 〈◊〉 of Tailzie providing alwise it be Lawfull to the said John Lord Ballanden and other Members of the Tailzie to uplift the sums Ass●gned they alwise Reimploying them in favours and in the Terms of the Tailzie The Lord Ballanden has greatly exe●ced the power of uplifting the sums Disponed be the late Lord Ballenden to him and other Ho●rs of Tailzie without Reimploying the same And there being yet fourscore thousand merks of the Tailzied sums in the Earl of Roxburghs hand the Lord Ballendine has raised a Declarator against the Earl of Roxburgh Declairing it Lawful to him to uplift the fo●esaid sum of fourscore thousand merks conform to the Reservation and power in the Tailzie without necessity of reimploying the same that not being his the Debitors Interest But the Interest of the Heirs of Tailzie The Earl of Roxburgh makes no opposition but Mr. William Kerr his Brother and next Heir of Tailzie failzieing Lord Ballendens Sons has raised a Declarator against the Lord Ballenden for Declairing that it may not be Lawful for him to uplift nor for the Earl to pay the foresaid fourscore thousand merks unless he reimploy the same upon Heritable security in the Terms of the Tailzie And thereupon has Arre●sted in the Earl his hands and Mr. William appeared for himself and though both the E and he gave the Honours suteable to the Relation to the Lord Ballenden Yet considering his Lordships Circumstances being Blest with a numerous Family and that Mr. William is the next Heir to his Sons and desires nothing more than what was given for mantaining the Honour and Dignity of the Family may be Imployed and preserved for that end And that the 〈◊〉 in the Earl of Roxburgh hands may either so continue or be secured in the Terms of the Tailzie And for this end he urged that part of the Tailzie at the Letter B whereby power is reserved to the Heirs to uplift receive and Discharge the Sums of Money above-written providing all-wise they imploy the same of new again upon Lands or other sufficient Heritable Security for mantenance and preservation of the said Family And do not by their Deeds deteriorat and prejudge the same from whence it is clear that the power of uplifting is qualified with a Provision to Reimploy And so the present Declarator against the Earl of Roxburgh can not be insisted in nor take effect without Reimploying which is more clear from the Clause immediatly proceeding whereby it is expresly provided and declared that it shall not be leisum nor Lawfull to the said John Kerr now Lord Ballenden and remanent Heirs of Tailzie and provis●on nor their Heirs to sell annalzie or dispone Redeemablie or Irredeemablie the sums of Money Lands and others thereby provided to them or to Contract Debts or do Deeds whereby the samen may be evicted or apprysed from them It was answered for the Pursuer That by the Tailzie he has the power of uplifting and the Earl of Roxburgh Debitor is sufficiently secured be his Discharge as has been several times found be the Lords in the Processes against the other Debitors and the Earl of Roxburgh has no concern in the Reimploying that being jus tertii as to him And as for Mr. William Kerr the Declarator and Arreistment at his instance has no Foundation he not being next Heir of Tailzie but the Pursuers own Son to whom he himself is Tutor and Administrator and so he having the power of uplifting is the only proper Judge of the Reimploying wherein no person is concerned but his own Son and not any remot Heir who its hoped shall never succeed It was Replyed that the Earl of Roxburgh does not urge the reimploying but only that the sums are Arrested in his hands at the instance of Mr. William Kerr who replyes that though he be a Remot Heir of Tailzie yet seeing the Pursuer nor his Son can do no Deed to prejudge his Succession he has very good Interest to oppose the uplifting unless the same be Reimployed in the Express Terms of the Tailzie and the Honour due to the Contracters of the Tailzie besides the Express provisions thereof ought to Oblige both Pursuer and Defenders to the strict Observance thereof and there are few Families in Scotland who would not accept a less value in the same terms and dutifully perform the provisions and will of the Contracters And it cannot be seen nor thought by what means or upon what Ground the Lord Ballinden can pretend to uplift any of the Tailzied Money without reimploying the same Mr. William Kerr has likewise good action against the Lord Ballenden for reimploying of the Money already uplifted and for declairing his irritating of the Tailzie by uplifting and not by Employing Yet being more concerned in preserving to the Lord Ballenden's Sons what is extant then in debarring the Lord Ballendine from the Liferent thereof he forbears at this time to insist in that Declarator so be it the Lord Ballenden either continue the Money where it is and satisfy himself with the Annualrent or if he uplift that the same be Reimployed in the Terms of the Contract upon good Heritable Security Rendering the like Rent or Annu●lrent Yearly which is the Express Design of the Tailzie whereby at the two doub●e W W It is provided that the Heirs of Tailzie may do no deed whereby the Estate and Living may be Deteriorat or Rendered in an worse Condition at their Deceasses when the next Heir shall Succeed th●n ●t was at the Death of William Lord Ballenden and that under Strict Instances now if the lifting of Money and not Reimploying or Reimploying not to the Value be not an Deterioration of the Estate and Living from what is was when William Lord Ballenden the Granter of the Tailzie Deceast let any Man judge and i● there be but on small part Extant of the Taillzied Sums to maintain the same Dignity which formarly was supported by the whole it is most Rational and Just that these Remains be Tenderly handled Carefully preserved and Imployed to the best Advantage As to the pretence that a Remote Member or Heir of Tailzie hath no Interest to Crave

Reimployment It is an obvious mistake for there is a jus q●●sirum by such restrictive Clauses to all the Members of Tailzie whose Succession in their order the makers did intend to secure thereby So that all the Members of Tailzie have an Interest that it be not broke And consequently may pursue such actions as is necessary for that Effect Thus Process was Sustained upon the Lady Tarrase 's Interest and Dilligence Tho at the Time only a Remote Heir in Humbyes Tailzie and Process was likewise Sustained at the instance of the Remote Heir of the Tailzie of Ayton Tho he was cast upon another Head As also it is frequent that Children of a Marriage may Pursue for Securing of what is provided by their Mothers Contract tho they cannot be Heirs nor have Access to the Subject during their Parents Life and if paraleles were Necess●r● It 's certain that in the matter of precedencie a Nobleman may contravert the Rank of another af●er whom he could not immediatly follow at the time But it is Enough that this brings him nearer But there needs no Remote Reasonings in so clear a point For if the Interposing of Remoter Members or Heirs of Tailzie were not allowed when the Subject is about to perish then the present Heritable possessor having the command of the next Immediate Heir might utterly f●ust at the Tailzie as to the Substitutes without any possibility of Remeed which is against Law and common Sense And whereas its pretended that the Lord Ballendine hath already Obtained several Decreets against his Debitors It is Answered that this is nothing to the present purpose because in these Decreets there was no Compearance for the Interest of the Substitute Members of Tailzie who alone had Interest to obstruct the Payment otherwise then upon Reimployment at the Lords sight that being Incompetent to the Debitors and as to the pretence that the Lords are not to interpose It is plain that now upon Mr. Williams Craving it Conform to the Conclusion of his Process Repeated Incidenter the Lords may and ought to do him and the Rest of the Substitutes Justice therein Besides that its most frequent in many other cases to decern or find the Letters orderly proceeded the Pursuer Reimploying at the Ordinars Sight It being most certain that an Elusory Reimployment such as upon a House without Rent upon Moveables to be Consumed In a word upon a Bable whatever might be the pretium affectionis of it in place of a Solid Stock that might Answer the Design of the parties of preserving a Fund Suitable to the dignity of the Heirs of Tailzie will never be permitted in such a case Whereas it was Alledged for the Pursuer that the Arriestment Signified nothing because it follows the Fate of the Declarator which will Determine both It s Answered that this is a mistake of the case For the Declarator hath two Conclusions being articulatus Libellus one in Relation to the 80000 Merks as yet unuplifted in the Earls hands that it cannot be uplifted but on Reimployment as to which only Mr William Repeats it in the present Process But quoad the other Conclusion that the Lord Ballenden ought to be Decerned to Reimploy about 200000 Merks already uplifted by him on which Dependence Arriestment is laid on in the Earls hands Mr. William must carry His Process to the Roll Since he neither does not can now insist in it But in the mean time the Earl Contends that be cannot be in tuto to pay till this Arriestment be loused Seeing it will stand upon the Second Conclusion of the Lybell whatever come of the first which alone can be Determined in the present Process In Respect whereof c.