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So also Trevor's gift was a New Year's present, of which Bacon says, "I confess and declare that I received at New Year's tide an hundred pounds from Sir John Trevor, and because it came as a New Year's Gift, I neglected to inquire whether the cause was ended or depending; but since I find that though the cause was then dismissed to a trial at law, yet the equity is reserved, so as it was in that kind pendente lite."
But the title of Earl of Caithness and the enjoyment of the whole earldom was on Earl John's death temporarily conferred, in addition to his title of Earl of Angus, on Malcolm, Earl of Angus, and nephew of Magnus the husband of John's hostage daughter, as being the head of the Angus family and one of the most powerful earls in Scotland, pending a general settlement of the affairs of Sutherland and Caithness; and Malcolm held his own Earldom of Angus, and, in addition, for the Crown, as Custos, trustee, or administrator pendente lite, held Caithness after 22nd April 1231 and certainly at 7th October 1232, possibly till 3rd July 1236, when the following settlement was made.
For instance Reynel's ring, presented on New Year's day, was so construed by the accusers; and in his comment upon the charge, Bacon, who had inadvertently accepted the gift during the progress of a suit, observes, "This ring was received certainly pendente lite, and though it were at New Year's tide, yet it was too great a value for a New Year's Gift, though, as I take it, nothing near the value mentioned in the articles."
It is a declaration, pendente lite, in the middle of a war, one principal object of which was originally the defence, and has since been the recovery, of these very countries.
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