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A87266 To his grace, His Majesties high commissioner, and the right honourable Estates of Parliament the Laird of Innes younger, as deriving right to the wadset lands underwriten from his father Sir James Innes of that ilk, and with concourse of his said father. Innes, Henry, Sir, ca. 1670-1721. 1700 (1700) Wing I192A; ESTC R42919 4,142 4

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To his Grace his Majesties High Commissioner and the Right Honourahle the Estates of Parliament The Laird of Innes younger as deriving Right to the Wadset Lands underwriten from his Father Sir James Innes of that Ilk and with Concourse of hissaid Father Humbly sheweth THat by Contract of Marriage in the year 1639 betwixt James Lord Drummond Son to the Earl of Pearth and Lady Anna Gordon Daughter to George Marquiss of Huntly the said Marquiss of Huntly and George Lord Gordon and James Viscount of Abo●ne his two Sons as Principals and Archibald then Earl and afterwards Marquiss of Argyle and David Earl of Southesk James then Lord Ogilvie afterward Earl of Airlie James Lord Kintyre and Sir Robert Innes of that Ilk Cautioners became bound and Obliged Conjunctly and Severally to Pay to the said Earl of Pearth the Sum of 30000 lib. Scots in name of Tocher with the said Lady and Daughter of Huntly with Annualrent and Expense as the said Contract bears which Sum of 30000 lib. and Contract abovementioned the Earl of Pearth in the year 1652 Assigned in favours of Sir John Drummond his second Son who thereupon getting Payment of the Half of the said Principal Sum and bygone Annualrents thereof from the said Sir Robert Innes one of the Cautioners abovenamed transfers 15000 lib. of the said principale Sum with 4812 lib. of bygone Annualrents and 2000 lib. of Expenses and Annualrent of the said 15000 lib● thereafter in favours of Sir Robert Innes younger of that Ilk and that in sua far as might be Extended against the said Principals and the said Marquiss of Argyle and the Earl of Airlie two of the Cautioners whereupon the said Marquiss of Argyle and Sir Robert Innes enter into an Contract on the 11th of September 1655. whereby Sir Robert on the one part transfers and dispones the foresaid Sum of 15000 lib. Principal and Annualrent and Expenses in favours of the said Marquiss of Argyle and that in so far as might be Extended against the Heirs and Successors of the said Marquiss of Huntly and his Sons and the Earl of Airlie one of the said Cautioners But Declaring the said Marquiss of Argyle the Earl of Southesk and Sir Robert Innes elder Free and Liberate And on the other part the said Marquiss of Argyle granted a Wadset to the said Sir Robert Innes elder of certain Parts and Portions of the Lordship of Enzie called Upper and Nether Dalachies Auchinreath Tannachie Tynnet with the Miln thereof and haill Pertinents of the saids Lands Redeemable always upon payment of 20000 lib. Money foresaid And upon this Contract and Precept of Seasin thereins contained the said Sir Robert Innes was Infest and thereafter getting Possession did by himself and his Succeessors continue therein till the year 1662 that the Duke of Gordon getting the Gift of the Marquiss of Argyls Forefaulture in so far as concerns the Estate of Huntly did by the force of the said Forefaulture and of the Marquiss his retoured quinquennial Possession dispossess the said Sir Robert By all which it is manifest that the foresaid Debt of ●0000 lib. due to Sir Robert was Originally a Debt of the Family of Huntly And that the Security of the said Wadset upon the said Lordship of Enzie was most justly given out of the Estate of Huntly for the equivalent Sum actually and really payed by Sir Robert for the foresaid Marquiss of Huntly as his Daughters Portions so that in all equitie and Honour the foresaid Estate of Huntly and the Descendents of the said Marquiss of Huntly who injoy the same ought still to be lyable And I your Petitioner as deriving Right from the said Sir Robert have all reason to prosecute my own Right and Payment by all ways and means that Law allows But so it is that when the said Marquiss of Argyle was Forefaulted the Creditors of Argyle and Huntly did most justly protest that the foresaid Sentence and Doom of Forefaulter with all that thereon Ensued should not be prejudicial to their respective Debts and Securities Likeas it is manifest that by the Act Salvo past in the same Parliament wherein the said Marquiss of Argyle was Forefaulted the Interest of private Parties was sufficiently reserved and secured By vertue of which Protestation and Salvo I have no doubt good right to Defend my self against the said Sentence of Forefaulture as also to Quarrel and Impugne the same in sua far as it may be prejudicial to my said Debt and Wadset upon all the Grounds and Reasons which your Lordships shall think fit to allow And therefore seing his Majesty and the Estates of Parliament are the undoubted soveraign Judges to over-rule and determine this matter in all difficulties that may occur and that the justice and equity of my Cause and Claim is most evident and both requires and deserves a Parliamentary Remedy I do in all humilitie represent to your Lordships 1. That the foresaid Sentence and Doom of Forfaulter cannot prejudge my foresaid Wadset Right but that the same ought to be maintained by your Lordships whether the foresaid Sentence stand valid or not because the foresaid Sentence and Doom of Forfaulter was pronounced against the said Marquess of Argyle in the Parliament 1661 in which there was thereafter past the Act Salvo jure and also Protestations by the Creditors of the Marquess of Argyle that they be not prejudged by any Sentence given against them were admitted and marked and Recorded in the Table of the unprinted Acts of that Parliament and it● est that by the Act 33 past in the Parliament 1644 It was expresly Declared and Statute that Sentences and Dooms of Forfaulter should not prejudge the Rights and Securities of the lawful Creditors of the Persons Forfaulted but that the same notwithstanding of the said Sentences should stand good and valid and albeit that the foresaid Parliament and all the Acts thereof were by an Act of the said Parliament 1661 Rescinded and Annulled yet in the same Act resciss●●●● not only full assurance and 〈◊〉 tie is granted to all persons that acted in or by ve●●●●●● and said● rescinded Parliaments but it is expresly Declared that all lawful Rights and S●●●●●ties past in these Parliaments or by vertue thereof in favours of any Particular person for their civil and privat Interests shall stand good and valid until the same be otherwise in that Parliament determined whereby your Lordships may clearlie perceive that by vertue of the Act Salvo and the foresaid protestations with the foresaid Reservation and Declaration in favours of private parties and their Rights my said Right of Wadset stands unprejudged and valid notwithstanding of the said Sentence and Doom of Forfaulter and that the same ought to be so Declared And 2. That the said Doom and Sentence of Forfaulter pronounced against the said Marquess of Argyle nor any thing that hath ensued upon it can no ways prejudge me because the said Sentence is in effect no Sentence but manifestly