Unto his Grace, his Majesties high Commissioner, And the Right Honourable Estates of Parliament, The Humble Petition of Sir David Cunningham of Robertland.


THAT where there being a Process of Declarator of trust rais­ed at the instance of the deceast Duke of Hamiltoun and John Cunningham of Enterkine before this present Parliament against the Creditors of Corshill, Mr. David Cunningham Advocat and others for declaring that the Laird of Corshill stood Infeft in the Estate of Robertland, for the deceast Duke of Hamiltoun, and Enterkine and others mentioned in a Backbond granted be Corshill to them there­anent, or to their behoofe whom any of them contained in said Backband should nominat; And all the saids Creditors, and Mr. David Cunningham being cited, and the Process called the last Session of Parliament, The saids Credi­tors, and the said Mr. David Cunningham were appointed to see in the Clerks hands and be ready against the morrow thereafter, which Process not being de­bate the last Session of Parliament, and Enterkine who was the last surviver, having conform to the Backband of trust, declared that the foresaid trust was for your Petitioners behoofe; And your Petitioner having applyed to Your Grace and the Honourable Estates of Parliament, that a day might be prefix­ed for hearing of your Petitioners Procurators upon the said trust, which being re­mitted to the Committee for Private Affairs, It was some of the Committee their opinon that the Process ought to be wakned, and the Creditors cited de novo. Whereas it is Humbly represented to Your Grace, and the Honourable Estates of Parliament, that Processes before the Parliament cannot be said to sleep? unless the pursuer should suffer a Session of Parliament to interveen without prosecuting his Action, this being an undoubted principle in Law that contra vo­lentem agere non currit praeseriptio. And the very continuing of the Sessions of Parliament from time to time doth virtually contain a continuation of all caus­es before the same, otherwayes the Leidges would be at continual expences and trouble for warrands for new Citations and Executing the same; And a great hazard, that ever their causes should come in the Defenders taking all imagina­ble wayes for postponing and delaying the samen as they have done in this case.

May it therefore please Your Grace, and Honourable Estates of Parliament, to allow the Committee to proceed with­out any new citation, upon an intimation to be given to Mr. Stewart & Mr. Cunningham Advocats, who compears for the Creditors, and himself.

And Your Petitioner shall ever Pray. &c.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.