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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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would produce the same himself and added that there was an Backhand of Reversion granted to Andrew Wardlaw whose Right stood in Inchdarnies person which made it appear that Margaret Wardlaw is payed for all that she could crave out of this Estate To which it was replyed that the Defence being unquestionably Relevant the probation ought to admitted to the Proponer at least if he produced the Decreet of Reduction which was made use of for proving our Defence we ought to see and be heard to object against it And as to the Band of Reversion it was answered it was granted by her tante Matrimonio meerly for Love and Favour and under Reduction long after she stood publickly infest Lastly My Lord Drumcairn having called this Action again after he had tak n the Dispute above mentioned to a visandum My Lord Hercarse still compearing as Procurator for his Son in Law a Practick without a paralel without giving us a sight of the Decreet they produced to object against it or admitting us Accompt or Reckoning in referrence to the Reversion which we offered under protestation it should not be prejudicial to our Reduction still decerned according to the desire of My Lord Hercarse Inchdarnies Procurator prefering him to the Mails and Dueties Wherefore we humbly pray that your Lordships for shunning the guilt of an unjust Sentence and for vindicating your own Honours before the World would seriously consider the Concussions the overhailings the Injuries the Illegalities and Informalities of the said Process and particulars deduced therein tending to the ruin of your Petitioners without any free hearing or the benefit which by the Laws of the Kingdom is allowed to all his Majesties Subjects and discharge the Extracting of any such Decreet till your Petitioners be heard fully and freely to debate their Interests as others his Majesties Subjects uses to be heard in such cases This Bill being read to the Lords It is given up to my Lord Hercarse to see Who as is informed went to the Kings Advocat and consulced it to make up a strong Accusation against the ingiver Who was appointed to answer to the Bill on Tuesday thereafter upon which the same being called the said day in the Afternoon the Lords gave their Deliverance in thir Terms The Lords finds the Representations contained in the said Bill Calumnious and therefore refuses the desire of the said Supplication and ordains Macers and Messangers at Arms to apprehend the said Mr. Robert and incarcerat his Person till further Order Which Sentence in this was the more grievous that it was passed the Penult day of the Session so that if he had been Apprehended on the morrow thereafter he must have lyen in Prison till the sitting down of the next Session being the first of June seeing no one Lord nor three would have taken upon them to have inlarged him But taking this Deliverance into my serious consideration I found it 1st Generally finding the Representations contained in the Bill Calumnious And I humbly conceive there are some of them which my Lord Hercarse himself will not avert to be Calumnious 2dly I found there was no mention of the latter part of the deliverance anent my imprisonment mentioned in the Decreet when the said Deliverance is repeated for fortifying thereof Lastly I find none of our Bills first or last insert in the Decreet nor the Answers thereto tho it be the constant custome in such cases alwayes to insert Bills and Answers as a part of the process Which Fortifies or Weakens as they are Granted or Refused And as to the Reason hereof I leave it to the Judicious Reader and will not take upon me to judge thereof least it be reckoned to me for a second Crime But come to the Bill it self The first Representation bears the Conference which past betwixt my Lord Hercarse and the Petitioner when he first sent for him And that albeit the Petitioner hastened the Agreement Inchdarnie with concourse of his Father in Law after the same was done caused him dispone it to him for a 1000. Merks less than I had agreed for He having a great Action depending in the Session against my Lord Annandale and knowing the great Figure Hercarse made among the Lords As to what touching the first part of it anent our Conference it is believed Hercarse will not deny the Truth of it himself and there is no shaddow of a Calumnie in it As to the 2d part of it That Inchdarnie caused him Disnone with concourse of his Father in Law c. We hope my Lord will not deny he was present at the making of the Bargain which if he do we offer to prove it And if he was present all the World will conclude he came not there as a Cipher Yea we are free to say any Man who knows him and his Son in Law both speaking his mind with any ingenuity will conclude he was the chief Actor That Rossyth had a great Action depending before the Lords against my Lord Annandail is nottour and I have often heard it of himself And that Hercarse made a great Figure among the Lords is no less nottour The Bill bears neither that my Lord promised to hasten his Action for the Bargain nor to do him any good office whatsoever but simplie relates the Truth as it was And if my Lord himself makes any such Applications he may blame the witness within himself and not the Ingiver of the Bill Tho he believes it had been neither calumnie nor reflecting upon my Lord tho he had added Rossyth having in his view the service such a Lord might do him farr beyond the worth of 1000. Merks or two The second Representation is That in an unusual manner he raised a Suspension in the Tennants names which was by them and the other alledged Chargers disowned which as we are informed is not agreeable to Law. If it be usual we desire the Complainer to condescend but upon three cases which is the least makes a perfect number quadrating with this since the Erection of the Colledge of Justice and we shall acknowledge it an Error tho it would prove no calumnie but a mistake of the Form of Process before the Lords And if it be denyed that it was disowned by the Tennants it is offered to be proven scripto and the Answers given in to Inchdarnies Bill sufficiently verifies it was disowned by one of the Chargers and their carriage all along in the whole business As to the third That the Tennants put in a Bill craving the Bill of Suspension might be given up to them to be destroyed or that Inchdarnie might be ordained to subscribe the same before Witnesses and abide thereat If it be denyed their Bill is Extant to verifie it And that it was not granted is a Negative and proves it selt till the contrar be instructed As to the Fourth Representation it is that where in an Action for Mails and Dueties it is enacted that the Defender produce