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In October, 1746, his wife, by the advice of her friends and in accordance with Scots practice, raised in the Commissary Court at Edinburgh an action of declarator of marriage against her perfidious spouse, and the case was still pending before the Commissaries when Lord Mark Kerr, as we have seen, "gave away" his grand-nephew to the Blandys.
"Now, in that country they can get the opinions of the judges by raising what they call an action of declarator. "One would think it was their business to go to the judges, and meantime give us the benefit of the legal doubt, while it lasted, and of the moral no-doubt, which will last till the day of judgment, and a day after. "Not a bit of it.
Once possessed of this document in her handwriting, the little scoundrel sent copies of it to his own and his wife's relatives in Scotland, whereby she suffered much obloquy and neglect, and when that unhappy lady raised her action of declarator, with peculiar baseness he lodged the letter in process.
Peebles; 'a Multiplepoinding is the safest REMEDIUM JURIS in the whole; form of process. I have known it conjoined with a declarator of marriage.
When one has been at work among interlocutors, suspensions, tacks, wadsets, multiplepoindings, adjudications in implement, assignations, infeftments, homologations, charges of horning, quadriennium utiles, vicious intromissions, decrees of putting to silence, conjoint actions of declarator and reduction-improbation, the brain, being saturated with these and their kindred, becomes refreshed by crossing the border of legal nomenclature, and getting among common recoveries, demurrers, Quare impedits, tails-male, tails-female, docked tails, latitats, avowrys, nihil dicits, cestui que trusts, estopels, essoigns, darrein presentments, emparlances, mandamuses, qui tams, capias ad faciendums or ad withernam, and so forth.
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