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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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OPPRESSION UNDER THE COLOUR OF LAW OR MY LORD HERCARSE HIS NEW PRATICKS As a Way-marke for Peaceable SUBJECTS to be ware of Pleying with a hot Spirited Lord of the Session so far as is Possible when Arbitrarie Government is in the Dominion PROVERBS 20. verse 21. An Inheritance may be gotten hastily at the beginning but the end thereof shall not be Blessed Published by Mr. ROBERT PITTILLOH Advocat LONDON Printed in the Year MDCLXXXIX OPPRESSION under colour of LAW OR My Lord HERCARSE his New Practicks Published by Mr. Robert Pittilloch Advocat As a way to make for Peaceable Subjects to beware of pleying with a hot Spirited Lord of the Session so far as possible when Arbitrary Government is in the Dominion Proverbs 20. verse 21. An inheritance may be gotten hastily at the beginning but the end shall not be blessed WHiles in my Solitary thoughts I began to consider the Nature of Justice which consists in individno reckoned by the Learned among the principal Cardinal Vertues and of Judgement which is the Lords and of the long tract of Judicial sentences past against me in an Affair depending against me at the instance of Alexander Ayton of Inchdarnie or rather at the instance of Sir Roger Hoge personated by Inchdarnie his Son in Law and how the weakness of my Judgment could not comply with the said Procedour as just and justifiable either in the Root or Branch I conceived it most agreeable to my Duty to expose the same to the view of the World that persons judicious and impartial may either convince me to a full Submission if I be wrong or the Authors of my suffering to change their course Seeing in the multitude of Counselours there is Stability And as that Noble young Man Elihu said Wisdom is not alwayes with the Ancient nor understanding with the Men of days but there is a spirit in Man and the inspiration of the Almighty giveth knowledge However seeing he that doth Truth comes to the Light that his deeds may be made manifest they are wrought in GOD. I hope none has reason to be offended with the open and plain laying forth of the Truth in this matter And therefore to come to the purpose The case is thus in Ann● 1648 Lieutenant General Ruthven then Heritor of the lands of Killernie and Andrew Wardlaw appearand Heir to the saids Lands and Reverser upon the payment of 17500 Merks Scots borrowed from Archibald Stuart Brother German to the then Laird of Rosesyth 6000 Merks and from Alexander his Brother 4000 Merks for which the said Leiutenant General Andrew Wardlaw the Appearand Heir and Margare● Wardlaw his Sister then Spouse to the said Leiutenant G●neral gave to each of them an heritable Bond Oblieging themselves conj●nctly and severally ●o make payment to them of the said Sums and all cu rent Annual Rents And for their better security oblieged themselves with one Consent and Assent to Infeft each of them in an Annual Rent corresponding to their respective sums to be uplifted forth of the saids Lands Hereupon by vertue of the precepts contained in them the said two Brethren obtained themselves infeft severally in the saids Lands the 26 of May thereafter And received from Leiutenant General Ruthven one years Annual rent of the said sums from the date of the Bond till Whitsunday 1649. Margaret Wardlaw her Husband dying shortly thereafter Andrew Wardlaw the Reverser entered in possession of the whole Estate by the tollerance of the two Brothers Creditors the Law being patent to them to have exacted their Annual Rents in regard Margaret Wardlaw the Conjunct Fiar was unwilling to stop them and Andrew Wardlaw her Brother had no pretence to impede them But the said two Brothers complying with Andrew Wardlaw and intending to bend all their forces against Margaret the Conjunct Fiar charged William Ruthven lawful Son and appearand Heir to Leiutenant General Ruthven to enter Heir to his Father and she obtained Decreet against him They charged Margaret Wardlaw then a Widow to make payment to them of the principal Sumes bygone Annual Rents and Penalty And likewise they charged Andrew Wardlaw but never insisted against him to the outmost Diligence tho he never suspended them and was in possession of the whole Estate But Margaret Wardlaw was forced both for her Son William Ruthven and for her self to suspend their Charge And so far was she from impeding them to uplift the Annual Rents that this is one of the principal Reasons in her Suspension That the Chargers were aboundantly secured in their Annual Rents by their Infeftments and that they or some others in their names were in possession Which she had Reason to presume upon the Tollerance abovementioned And the Reasons in her Sons is He being a Child the Lands were patent for appryzing and he had no other means wherewith to satisfie them The Sums being thus rendred moveable by the Charge given to Andrew and Margaret Wardlaws personally oblieged to make payment and the Decreet obtained against William Ruthven her Son Archibald ●tuart in May 1654 assigned his sum to Alexander his Brother Principal and Annual Rent and Penalty with the whole Heads and Chuses contained in his Bond and Instrument of Seasing following thereupon Whereupon in June 1654 the said Alexander apprised the saids Lands for Principal Annual Rents and Sherriff-Fie and obtained himself Infest upon his Apprising under the great Seal but never insisted either for their Annual Rents or for Mails and Duties so long as their Comorad Andrew Wardlaw was in possession Knowing that the Ground was lyable to them for their Annuals and they being Young Men having no Charge but themselves living with their Mother who entertained them on her Charity Hereupon Margaret Wardlaw seing that a daily burden was running on upon her Conjunct-fie Lands and that she had got nothing but was forced to live upon her Credit Warned her Brother to remove and at length after much Opposition obtained a Decreet of Removing against him but never made use thereof till the year 1656 after that he and Mr. Robert Pitt Iloch her present Husband had several Friendly communings upon the Affair And afterwards a full Submission drawn betwixt them Mr. John Drummond of Leno●h Arbitrator for him and one George Knox then a publick Collector Arbitrator for her and Mr. Robert Pittilloch her present Husband But upon sight of her Claim he and his Arbitrator brake up the Submission reinf●cta whereupon at length she was forced to put her Decreet in Execut or otherwise to live perquire and the Annual Rents to run on likewayes This being done Alexander Stewart founding upon his Apprysing with Concourse of her Brother pursued her and her present Husband with all Rigour for Mails and Duties Whereupon offer was made to him of a Localitie for his Annualtents during all the time of her Poss●ssion and in time comming Which he refused to accept unless we would satisfie him for all bygones which as they then told him