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with business of a still more important nature, are
so much exposed, two engagements, inconsistent with
each other, have for want of a recollection of those circumstances
and incidents from whence the inconsistency
results, been unawares entered into. In
such case, what says justice? — that the prior engagement
shall stand; that the posterior engagement
shall yield give way. The engagement with your Memorialist
was the work of a twelvemonth: an engagement
committed to writing, and continuing in a
state of habitual & mutual recognition all the time:
the engagement with gentlemen who wished for another
choice was the breath of the moment: if irreconcilable,
which engagement ought to give way?
This posterior & flying engagement then was ab
initio, a void one: it was between two parties only
where there were three. For by the very nature of the
business, as your Lordships have seen, your Memorialist
was a necessary & indispensable party
to any such engagement: and no engagement on
this head could be valid which had not his concurrence.
One objection your Memorialist has heard,
which though specious to a first thought, vanishes
at the second. Your Lordships, he has been
informed, or some of your Lordships having
heard that since the year 1782 which is the
date
Identifier: | JB/118/095/002 "JB/" can not be assigned to a declared number type with value 118.
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