[1645/1/179]*[print] [email] [cite] [preceding] [following]
Anent the supplicatione givine in to the estates of parliament be James Halyburtoun, Thomas Wilsoune, Johne Lukeupe, James Seatoun, James Gibsone and Alexander Gray, skipperes of Leith, maisteres of the sailleres hospitall in Leith, for themselves and in name of the remanent masteres and memberes of the said hospitall aganes Lieutennent Collonell Patrike Hay and Alexander Hay, desyreing that the said Alexander Hay may be dischairged from troubling and distressing of the supplicantes for warrandice of ane assignatione granted to Alexander Hay be the maisteres of the foirsaid hospitall of ane band quhilke pertenit to the hospitall granted be the said Lieutennent Collonell Hay as principall and the said Alexander Hay and George Abercrombie as cautioneres for him wpoun the payment of ane thousand pundes principall, with the annuelrent and expenss contenit in the band, and that if the soume be not payed to the said Alexander Hay that the said Lieutennent Collonell Hay may be commandit not to depairt off the toune quhill he pay the samene and bygone annualrentes therof and intymecomeing dureing the not payment or els find sufficient cautione for that effect to the said Alexander Hay as assigney, as the supplicatione proportes. Quhilke supplicatione and pairties abonementionat eftir they were cited be vertue therof, being callit in presence of the committie appointed for billes and supplicationes, compeired personallie the supplicantes with Mr David Hereot, advocat, there procurator, as also compeired personally the said Lieutennent Collonell Patrike Hay, with Mr Samuell Gray, his procurator, and lykewayes compeired personallie the said Alexander Hay for himselfe, wha, for obedience of the ordinance of the committie, produced the foirsaid band and assignatione therof made to him, quhairwpoun the supplicantes and the said Mr David Heriot, there procurator, asked act and instrumentes and protested that the haill tennour of the foirsaid band and assignatione might be insert ad longum in the said act and instrumentes tane wpoun productione therof; quhairwnto the said Alexander Hay, personallie present, consented, but prejudice of his owne right. In respect quhairof, the said committie for the billes ordeaned the pairties to have the extract of this act and instrument tane wpoun the productione of the foirsaid band and assignatione in maner wnderwrittin, but prejudice of the said Alexander Hay, his right as said is and ordeanes the samene band and assignatione to be insert ad longum therintill as is desyred but prejudice as said is. Quhilke ordinance the estates of parliament approves. Fallowes the tennour of the band and assignatione: Be it kend till all men be thir present letters, me, Capitane Patrike Hay, that forsameikle as I grant me instantlie at the makeing heirof to have barrowed and received from James Home, skipper, indueller in Leith, all and haill the soume of ane thousand pundes good and usuall money of this realme of Scotland, quhairof I hold me weill content, satisfied and payed in nomerat money and dischairges him therof for evir, renunceand the exceptione of not nomerat money and all other exceptiones or objectiones of the law that may be proponit or alledged be me in the contrare therof in ony sort, the quhilke soume of ane thousand pundes money abovespecefeit, togidder with the soume of ane hundreth merkes money foirsaid as for the annuelrent therof fra the date heirof to the terme of payment wnderwrittin, I, as principall and with me, Alexander Hay and George Abercrombie, induelleres in Leith, as cautioners, soverties and full debtoures for me be thir presentes bindes and obleiss us conjunctlie and severallie, our aires, executours, assigneyes, successoures to our landes, rentes, goodes and geir and intromettores therwith to refound, content, pay and thankefullie delyver agane to the said James Home, his aires, executours or assigneyes altogidder in ane soume betuixt the dait heirof and the feyst and terme of Whitsonday nextocome in anno jM vjC and threttie fyve yeires but longer delay, togidder with the soume of tua hundreth pundes money abovewrittin as for liquidate expenss set doune with our consentes by the said principall soume incaise of not thankefull payment therof at the said terme or registratione of thir presentes in our defaultes; and farder incaise it shall happine the said James Home to suffer the foirsaid principall soume to remaine any longer wnpayed in my handes nor to the terme of payment abovewrittin, in that caise I, principall and cautioneres abovenamed bindes and obleiss us conjunctlie and severally, our aires, executours, assigneyes, successoures to our landes, rentes, goodes and geir and intromettours thairwith to pay and delyver to the said James Home or his foirsaides ane annuelrent of ane hundreth pundes yeerlie therfore at Whitsonday and Mertimes in winter be equall portiones furth of whatsomevir our landes or heritadges or any pairt therof lyand ather to burghe and land, and shall make him good and thankefull payment of the said annuelrent (alsweell he not being infeft as infeft therintill) and to his aires and assigneyes (alsweell not entered as entered thairto) beginand the first termes payment of the said annuelrent at the feist and terme of Whitsonday nixtocome and sua furth yeerlie thereftir at the termes foirsaides ay and whill the compleit payment of the said principall soume, and but prejudice of the executione heirof aganes ws conjunctlie and severallie and our foirsaides ather at the terme of payment abovewrittin or at all other termes thereftir the said James Home or his foirsaides pleases but ony requisitione or premonitione to be made to us or any of us for that effect notwithstanding of the heritable clause abovewrittin wherwith wee be thir presentes dispenss for evir, and I, the said Captane Patrike Hay, be thir presentes bindes and obleiss me, my aires, executors and assigneyes successores to my landes, rentes, goodes and geir to warrand, freeth, releive and keepe skaithles the saides Alexander Hay and George Abercrombie and his foirsaides off all payment makeing of the foirsaid soumes principall, expenss and annuelrent and of all damage that he shall incurre therthrew in ony sort; and we, the saidis Alexander Hay and George Abircrombie bindes and obleiss ws and our foirsaides to beir equall burthen with otheres anent the payment of the foirsaid soumes principall, expenss and annuelrent and to pay halfe and halfe with otheres and of all damnage that ather of ws shall susteene or incurre in otheres defaultes, and for the mair securitie heirof we are content and consentes that thir presentes be insert and registrat in the bookes of counsell and sessione to have the strenth of their actes and decreetes, that letters and executorialls of horneing, pounding and wairding (the ane but prejudice of the other, and the horneing to pas one sex dayes onlie), and constitutes Mr Williame Forbes our procuratours, promitten de rato etc. In witnes quhairof (writtine be Andro Burne, notar), I, principall and cautioneres abovenamed hes subscryved thir presentes with our handes at Leith the sext and sevint dayes of September and November the yeere of God jM vjC and threttie four yeeres before thir witness: James Johnestoun, Johne Kello, maltman, indueller in Leith, and the said Andro Burne, writter heirof, witness to the subscriptions of the said Captane Patrike Hay and Alexander Hay and to the subscription of the said George Abircrombie, the saides James Johnestoune, Johne Kello and the said Andro Burne, writter heirof. Sic subscribitur, P. Hay, principall, Alexander Hay, George Abercromby, James Johnestoun, witnes, Johne Kello, witnes, A. Burne, witnes. Fallowes the assignatione: Be it kend till all men be thir present letters, me, David Logane, skipper, indueller in Leith, with advyse and consent of James Halyburtoun, Johne Shankes, Thomas Wilsone, Robert Langlandes, Williame Hagine, Johne Lichtoun, James Douny, James Kerse, James Gibsone, James Seatoun, Johne Luikewp, Alexander Broun, George Scot, Henrie Bell, James Wilsone, Williame Thomsone, Johne Broun, Williame Logane, George Haygin, Alexander Gray, skipperes, marineres and sailleres, induelleres in the said toune, forsameikle as the lordes of secreet counsell be their decreit of the dait the first day of Aprill 1637 yeeres decernit and ordeaned the bandes and obligationes wnderwrittin, viz: the band and obligatione made to umquhile James Home, skipper in Leith, be Captane Patrike Hay as principall and Alexander Hay and George Abercrombie, induelleres in Leith, as cautioneres for him of the dait at Leith, the sext and sevinth dayes of September and November 1634 yeeres conteyneing the soume of ane thousand pundes wherof the annuelrent wes then awand of all termes preceeding, togidder with the said annuelrent fra Mertimes jM vjC and threttie sex to Witsonday jM vjC and threttie sevine yeeres, extending to the soume of thrie hundreth fourscoir tua merkes, sex shillings, 8 d. and certane other bandes and assignationes particularlie mentionat therin to perteene to the marineres hospitall of Leith and to the skipperes and poore of the said toune and be delyvered to me for and to the behoofe of the saides hospitall, skipperes, poore and marineres, and fand and declaired that I, the said David Logane, to the behoofe of the said hospitall, skipperes, poore and marineres hes and shall have wndoubted right in and to the bandes and assignationes particularlie and generally abovewrittin ordenit to be delyvered to me as said is and in and to the principall soumes thairincontenit and byrune annuelles thairof particularlie mentionat in the said decreet and in and to the haill penalties and expenss contenit in the saides bandes and in and to the annuelrent of the said principall soume of all yeeres and termes eftir the said feist and terme of Whitsonday jM vjC and threttie sevine yeeres and sua lang as the said principall soume should remane wnpayed, and sicklyke and in the samene maner as if the name of me, the said David Logane, or the names of the saides skipperes and marineres or otheres representing them and the said hospitall had bene particularlie exprest in the said decreet; and declaired that the saides lordes of secreet counsell would grant actione and executione to me to the behuife of the saides skipperes, marineres and hospitall summarlie before themselves aganes the persones principall and cautioneres contenit in the said band and adjudged to us be the said decreit and aganes there aires and executors for payment of the soumes principall, annuelrentes and expenss contenit in and due be the saides bandes; and that in respect the saides soumes are dedicat to ane pious wse, the caire wherof doeth properlie belong to the lordes of secreet counsell, as in the said decreet of the dait abovewrittine at mair lenth is contenit, and now seing that the said Alexander Hay in Leith, ane of the cationeres foirsaides, presentlie at the dait heirof and of before hes payed and delyvered to me, the said David Logane, certane soumes of money for makeing and granteing of thir presentes quhilke are allreddie applyed be me be advyse foirsaid to the wse and behove of the said hospitall and of the skipperes, poore and marineres foirsaides, quhairof we hold ws weell content and satisfied and for us, our aires, executorrs and asigneyes exoner, quytcleame and simply dischairge the said Alexander Hay in Leith, his aires, executors and all otheres whom it effieires therof, renunceand be thir presentes the exceptione of not nomerat money, oath of pairtie and all other exceptiones quhatsomevir that may be proponit in the contrair. Therefore witt ye me, the said David Logane, with advyce and consent abovewrittin, to have made, constitute and ordenit and be thir presentes make, constitute and ordeane the said Alexander Hay in Leith, his aires, executors, assigneyes and donatores my verie laufull, wndoubted and irrevocable cessioneres, assigneyes and procuratours in rem suam in and to the forsaid band and obligatione made be the said Captane Patrike Hay and his saides cautioneres to the said umquhile James Home and his abovewrittin and in and to the haill soumes of money principall, annuelrentes and expenss therincontenit and in and to the foirsaid decreet of the saides lordes of secreet counsell of the daite abovewrittin and haill contentes therof in sua farr as the samene may be extendit to the said band and haill soumes of money principall, annuelrentes and expenss therincontenit or quhilke is or shall be heireftir restand awand and that for all yeeres and termes bygone and to come allenerlie; and be thir presentes, with consent foirsaid, surrogat the said Alexander Hay in Leith and his foirsaides in my full right, title and place of the samene for now and evir, with power to the said Alexander Hay and his foirsaides to aske, crave, receive, intromett with and wptake the haill soumes of money, baith principall, expenss and annuelrentes contenit in the said band made be the said Captane Patrike Hay to the said umquhile James Home or quhilke is or shall be heireftir restand awand, and that for all yeeres and termes bygone and to come and theirwpoun to dispone at their pleasur, and to call and persue therfore, ather in my name or in their owne names as they shall thinke expedient, and to give acquittances and dischairges theirwpoun, transact, compone and agrie theiranent sicklyke and als freelie in all respectes as I might have done my selfe, with consent foirsaid, before the makeing heirof or as I or my forsaides, with consent abovewrittin, may doe at ony tyme heireftir if thir presentes were not made. Quhilke assignatione abovewrittin, I, with consent foirsaid, obleis me, my aires and executores to warrand to the said Alexander Hay and his foirsaides fra my owne proper fact and deid allenerlie; and in the mair sure signe and toakine of this my assignatione, I have instantlie delyvered to the said Alexander Hay the foirsaid band made be the said Captane Patrike Hay and his saids cautioneres to the said umquhile James Home to be keeped and wsed be the said Alexander Hay and his foirsaides as their owne proper band at thair pleasure in tymecomeing; and for the mair securitie, we are content and consentes thir presentes be insert and registrat in the bookes of counsell and sessioune to have the strenth of ane decreet of the lordis thereof, that letters and executorialls may pas heirwpoun, if neid beis, in forme as effeires, and for registrating heirof constitut [...]† our procuratoures, promitten de rato etc. In witnes quhairof, we have subscryved thir presentes with our handes (writtin be Mr George Jemisone, servitor to Mr Frances Hay of Ballhoussie, writter to his majesties signet) at Leith, the tuentie sevint and threttie and threttie ane dayes of Marche jM vjC and fourtie ane yeeres before thir witness: Walter Murray, sone to Walter Murray of Pitgrudie, Hector Monro, servitour to Generall Major Monro, Mr James Hay, servitor to Mr Francis Hay, Archbald Gregor, notar in Leith; as also the said David Logane and persones, consenters wndersubscryveing, witness to the subscriptiones of otheres wndersubscryving as consenteres as fallowes, quhilke names, surnames and designatione of the witness wndersubscryveing is fillit wp be Mr George Dougall, writter and notar in Edinburgh, wnder subscryveing for the said David Logane in maner and to the effect before and eftir fallowes: I, David Logane abovenamed (with my hand at the pen be the nottares wndersubscryveand at my command becaus I cannot writ, not being able to writ legiblie but the helpe of some other leiding my hand) and that in respect of my infirmitie and that in suppliement of this writ foirsaid according to my abilitie. Sic subscribitur: Ita est magister Georgius Dougall notarius publicus in premissis requesitus de speciali mandato dicti Davidis Logane scribere nescientis (ut asseruit) ratione premissa et in supplementum sue subscriptionis scribere nesciens et ut suprascripta ut premittitur testantiis his meis signo et subscriptione manualibus, ita est Mr Robertus Hedderwicke conotarius publicus in premissis requisitus de speciali mandato dicti Davidis Logane scribere nescientis ut asseruit ratione premissa et in supplementum sue subscriptionis suprascripta ut premittitur, testantibus his meis signo et subscriptione manualibus. I. H. Johne Shankes, Thomas Wilsone, Robert Langland, Williame Hegine, James Broun, James Douny, James Kerse, James Gibsone, James Seatoun, Johne Luikewp, Alexander Broun, George Scot, Henrie Bell, James Wilsone, Williame Johnestone, I. B. Williame Logane, William Murray, witnes, Hector Monro, witnes, Johne Dobie, witnes, Mr James Hay, witnes, George Gregor, witnes.