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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

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they judged most unreasonable in regard she had gotten nothing her self for the time bygone And she being but a Liferentrix might dye before ever she received as much as would satisfie their bygone Annualrents And it is referred to the consideration of all Judicious Readers whither this was not a Rational offer seing they had layen out of their Annualrents not only through their own fault the Laws being patent But also they themselves had concured with her Brother to keep her of Possession producing their rights to furnish him with Defences and reason of Suspension against her And as to the truth of it it is tesitified by their own Decreet obtained for proving the Tennor of a Disposition granted by James Bailly to Lieutenent General Ruthven Wherein this is made use of as one of their Reasons for proving that Tennor That Mr. Robert Pittiloch offered them a Localitie for their Annualrents But this being refused she was forced to raise a Summonds of Reduction against them of their Apptising and whole grounds thereof Whereupon in December 1658 she obtained a Reduction Reducing Retreating and Anulling the Bands whereupon the Apprising is founded in so far as they personally oblige the said Margaret Wardlaw with all Decreets of Apprysings Charters Seasings Decreets of removing following thereupon But sustaining them Quoad the real Right in regard of her consent to the Precept and Procuratrie for Infeftment This being done Alexander the Appryser never contraverted in his time but the Apprysing was reduced quo ad eam and persued for a poinding of the Ground only for his Annualrents In Opposition to which Margaret Wardlaw the Defender and her present Husband considering they might in Conscience and Equity use all Legal Defences for stoping this Procedor in respect of the offer of payment during her Possession and that they themselves were the cause of there not being payed First offered to improve their Executions which accordingly they did Whereupon their Action was for a considerable time delayed Thereafter the Process was lost whereupon it delayed another while After this Archibald died and after him Alexander thereafter Mr. William Bailie pretended an luterest which if it had been sustained would have destroyed the Interest both of Pursuers and Defenders which was taken away by proving the Tennor of a Disposition granted by his Father to Lieutenent General Ruthven after-this Alexander being dead his Son James Stewart succeeded to him and he not being satisfied with Annualrents with concourse of his Mother Katrine Drummond his Tutrix pursued for Mails and Deuties To which the Decreet of Reduction abovementioned was always opponed and as oft sustained Yea when her Personal obligation was aledged to be sortified upon this ground Ob non repugnantiam It was repelled as a quible The Lords finding it was not the duty of a wife to repugne her Husbands deeds But after all this and a long tract of time James Stewart and his Tutrix both died whereupon the Heritable right founded upon the Apprysing fell in to William Stewart now of Rossyth Cusing German to James and the bygone Annualrents to Jean Stewars Lady Inchdarnie his Fathers Sister who assigned them to Alexander Aiton of Inchdarnie her son and Son in Law to Sir Roger Hoge then Lord Hercarse one of the Lords of Session But before this right fell into them at least before it was declared the same being interrupeed by a long contest betwixt them and Alexander Naiper Mr. Robert Pitilloh and his Wife entered in terms of Agreement with William Stewart of Rossyth who had right to the expired Apprysing and to all Annualrents that were due since the death of James Stewart his Cusing German Laying out to him the favourableness of their condition in that Margaret Wardlaw was both Conjunctfiar of the saids Lands by her first Husband and Apparent Heir to them by her Father who was Proprietar of them which the said Laird of Rossyth relished very well And several times promised he should never agree with any till we had the first offer But we fearing that the Annualrents would be declared to belong to Inchdarine Son in Law to a Lord of the Session who might do great things for him as it after fell out were loath to give too much upon consideration of this Danger Whereupon we continued still willing to the Bargain but conferring upon the price for a long time without any finall Agreement till the right of the Annualrents came in Inchdarnies person And then my Lord Hercarse sent for Mr. Robert Pittilloch entertaining him with fair Language enough but withall with many pumping Questions anent the Lands of Killernie and the condition thereof Which I confess I answered with more Ingenuitie then Prudence conceiving at that time all he spoke to me had flowed from the like Principles and among other things he mentioned to me agreement with him for the bygone Annualrents To which I answered I could not agree as the case then stood for two Reasons 1st It would be an Homologating of Rossyths Right 2dly My wife being but an Liferentrix If I should agree for the Annualrents without the Heritable Right My Wife might die long before I were satisfied of what I should Deburse But I was in terms with Rossyth for the Heritable Right and I she and I should agree for that I would indeavour likewayes to agree for such Annualrents as were justly due And in order thereto with all diligence met with Rossyth and finally agreed with him to give him 12000 Merks for his whole Interest concerning which write was to be drawn with the first convenience It being then late at night After which a Gentleman of Credit and honesty told me that to morrow thereafter he overheard a Servant belonging to Hercarse saying to a friend of Rossyths that their 10000 Merks was better then my 12000 Merks indeavouring hereby to take the Bargain out of my hand But conceaving it to be below any honest Man and farr more below a Lord of the Session to take such base and indirect methods after I had told him I was in terms with Rossyth therefore And after that the business was fully ended with which he declared himself noways unsatisfied as also my Son in Law Mr. William Hoge having ingenuously told him the same thing adding he hoped his Lordship would not play in our Game Whereupon he gave him assurance he would not but that he would cause his Son in Law quite as much as Rossyth had done and more I slighted the Gentlemans Information and friendly Admonition altogether However I went down to Rossyth and payed him a visite in whom I found no change only I observed Innermey and his Lady to abide close by him while I was in his companie after which my Son in Law who was his Intimat and had done him several special Services went to him and desired that what was agreed upon might be drawn in Write to whom his answer was Do ye thing me so base and unworthie a