Unto his Grace, his Majesties high commissioner, and the right honourable estates of Parliament, The humble petition of Sir David Cunningham of Robertland. Cunningham, David, Sir, fl. 1695. This text is an enriched version of the TCP digital transcription B02537 of text R175881 in the English Short Title Catalog (Wing C7584B). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B02537 Wing C7584B ESTC R175881 52529143 ocm 52529143 178755 2248535990

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 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. B02537) Transcribed from: (Early English Books Online ; image set 178755) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2769:14) Unto his Grace, his Majesties high commissioner, and the right honourable estates of Parliament, The humble petition of Sir David Cunningham of Robertland. Cunningham, David, Sir, fl. 1695. 1 sheet ([1] p.) s.n., [Edinburgh : 1695] Caption title. Publication data suggested by Wing. Reproduction of the original in the National Library of Scotland. eng Debtor and creditor -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. eebo Unto his Grace, his Majesties high commissioner, and the right honourable estates of Parliament, The humble petition of Sir David Cunningham of Robert Cunningham, David, Sir, 1695 3 465 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2013-07 Assigned for keying and markup 2013-07 Keyed and coded from ProQuest page images 2013-11 Sampled and proofread 2013-11 Text and markup reviewed and edited 2014-03 Batch review (QC) and XML conversion
Unto his Grace , his Majesties high Commissioner , And the Right Honourable Estates of Parliament , The Humble Petition of Sir David Cunningham of Robertland . Sheweth ,

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.