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<TEMPHEAD>
<REVDESCR>
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<DATE>2013-11-20</DATE>
<RESPSTMT>
<NAME>Colm MacCrossan</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch Z130710.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="OX" ID="B02537">
<STC T="W">C7584B</STC>
<STC T="C">R175881</STC>
<BIBNO T="oclc">52529143</BIBNO>
<VID>178755</VID>
</IDG>
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="petition">
<PB REF="1">
<PB REF="1" MS="y">
<HEAD>Unto his Grace, his Maje&s;ties high Commi&s;&s;ioner, And the Right Honourable E&s;tates of Parliament, <HI>The Humble Petition of Sir</HI> David Cunningham <HI>of</HI> Robertland.</HEAD>
<OPENER>Sheweth,</OPENER>
<P>THAT where there being a Proce&s;s of Declarator of tru&s;t rai&s;|ed at the in&s;tance of the decea&s;t Duke of <HI>Hamiltoun</HI> and <HI>John Cunningham</HI> of <HI>Enterkine</HI> before this pre&s;ent Parliament again&s;t the Creditors of <HI>Cor&s;hill,</HI> Mr. <HI>David Cunningham</HI> Advocat and others for declaring that the Laird of <HI>Cor&s;hill</HI> &s;tood Infeft in the E&s;tate of <HI>Robertland,</HI> for the decea&s;t Duke of <HI>Hamiltoun,</HI> and <HI>Enterkine</HI> and others mentioned in a Backbond granted be <HI>Cor&s;hill</HI> to them there|anent, or to their behoofe whom any of them contained in &s;aid Backband &s;hould nominat; And all the &s;aids Creditors, and Mr. <HI>David Cunningham</HI> being cited, and the Proce&s;s called the la&s;t Se&s;&s;ion of Parliament, The &s;aids Credi|tors, and the &s;aid Mr. <HI>David Cunningham</HI> were appointed to &s;ee in the Clerks hands and be ready again&s;t the morrow thereafter, which Proce&s;s not being de|bate the la&s;t Se&s;&s;ion of Parliament, and <HI>Enterkine</HI> who was the la&s;t &s;urviver, having conform to the Backband of tru&s;t, declared that the fore&s;aid tru&s;t was for your Petitioners behoofe; And your Petitioner having applyed to Your Grace and the Honourable E&s;tates of Parliament, that a day might be prefix|ed for hearing of your Petitioners Procurators upon the &s;aid tru&s;t, which being re|mitted to the Committee for Private Affairs, It was &s;ome of the Committee their opinon that the Proce&s;s ought to be wakned, and the Creditors cited <HI>de novo.</HI> Whereas it is Humbly repre&s;ented to Your Grace, and the Honourable E&s;tates of Parliament, that Proce&s;&s;es before the Parliament cannot be &s;aid to &s;leep? unle&s;s the pur&s;uer &s;hould &s;uffer a Se&s;&s;ion of Parliament to interveen without pro&s;ecuting his Action, this being an undoubted principle in Law that <HI>contra vo|lentem agere non currit prae&s;eriptio.</HI> And the very continuing of the Se&s;&s;ions of Parliament from time to time doth virtually contain a continuation of all cau&s;|es before the &s;ame, otherwayes the Leidges would be at continual expences and trouble for warrands for new Citations and Executing the &s;ame; And a great hazard, that ever their cau&s;es &s;hould come in the Defenders taking all imagina|ble wayes for po&s;tponing and delaying the &s;amen as they have done in this ca&s;e.</P>
<P><HI>May it therefore plea&s;e Your Grace, and Honourable E&s;tates of Parliament, to allow the Committee to proceed with|out any new citation, upon an intimation to be given to Mr.</HI> Stewart <HI>&amp; Mr.</HI> Cunningham <HI>Advocats, who compears for the Creditors, and him&s;elf.</HI></P>
<CLOSER>And Your Petitioner &s;hall ever Pray. <HI>&amp;c.</HI></CLOSER>
<PB REF="2" MS="y">
</DIV1>
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