Unto his Grace, his Majesty's high Commissioner, And the Right Honourable Estates of Parliament, The Humble Petition of Sir David Cunningham of Robertland.  
Shows,  
THAT where there being a Process of Declarator of trust raised at the instance of the deceased Duke of Hamiltoun and John Cunningham of Enterkine before this present Parliament against the Creditors of Corshill, Mr. David Cunningham Advocate and others for declaring that the Laird of Corshill stood Infeft in the Estate of Robertland, for the deceased Duke of Hamiltoun, and Enterkine and others mentioned in a Backbond granted be Corshill to them thereanent, or to their behoof whom any of them contained in said Backband should nominat; And all the said's 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 survivor, having conform to the Backband of trust, declared that the foresaid trust was for your Petitioners behoof; And your Petitioner having applied 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 opinion that the Process ought to be wakened, 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 intervene 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, otherways the lieges would be at continual expenses and trouble for warrants for new Citations and Executing the same; And a great hazard, that ever their causes should come in the Defenders taking all imaginable ways 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. etc.