[1649/1/372]*[print] [email] [cite] [preceding] [following]
The estates of parliament, having heard and considered the supplication of Captain Robert Hall, captain of the good ship called The James of Leith, given in to the parliament by him against [James Livingstone], earl of Callander, [John Hamilton], lord Bargany, Sir Adam Hepburn of Humbie, Sir James Dundas of Arniston, Archibald Sydserf and Robert Fleming, merchant burgesses of Edinburgh, craving warrant to messengers of arms to put the letters raised at his instance upon a charter party between the persons above-named and him to execution against them as subscribers of the charter party for making payment by them to him of the sum of £500 sterling, which he wants of his three months' pay due and payable by them to him by virtue of the said charter party, and that notwithstanding of any suspension purchased or to be purchased by them against the same, as the supplication more fully bears; together also with the defences given in and alleged for the parties charged against the aforesaid supplication and desire thereof, with the supplicant's answer thereto in fortification of the desire of his said supplication; together likewise with the ordinance of the committee of estates of 30 November last, discharging registration of any horning against the said Sir James Dundas and Robert Fleming, two of the parties charged for the cause above-specified, and all execution either personal or real against them in that nature until they should be further heard relating thereto, as the same ordinance likewise bears. The said estates of parliament ordain the sum of £2,000 Scots of the greater sum above-written to be paid to the said Captain Robert Hall, supplicant, by Sir James Stewart [of Kirkfield and Coltness], commissary-general, out of the first and readiest of any monies which shall be received in by him by order of that committee appointed for monies, and for this effect the parliament do hereby earnestly and seriously recommend the supplicant to the aforesaid committee for monies to grant precept and warrant in his favour to the commissary-general for payment to him of the aforesaid sum of £2,000 out of the first and readiest monies that shall be received in by the said commissary-general. And also the said estates of parliament ordain the other £4,000, which completes the whole sum acclaimed, to be likewise paid to the said Captain Robert Hall, supplicant, out of the first and readiest monies that comes in to the exchequer, and for this effect the parliament earnestly and seriously recommend the supplication to the commissioners and other members of exchequer to give precept and warrant for making timeous and thankful payment to him of the aforesaid sum of £4,000 Scots out of the first and readiest monies of exchequer. And in respect of the premises above-written, the parliament absolves simply the earl of Callander, Lord Bargany, Sir Adam Hepburn of Humbie, Sir James Dundas, Archibald Sydserf and Robert Fleming, and every one of them for their own parts, from making all payment to the supplicant or any having right from him of the aforesaid sum of £500 sterling above-mentioned and from all execution personal or real used or to be used against them or any of them for payment thereof in all time coming. And in respect that the supplicant, contrary to the order of the committee of estates aforesaid, did give in to the register of hornings his letters of horning against the said Sir James Dundas and Robert Fleming to be registered against them, and took out the same horning, marked and subscribed by the clerk, keeper of the register, and left a copy thereof for booking the same, the said estates do therefore ordain the said Captain Robert Hall to give in the said principal horning and executions thereof, and to cause delete the subscribed note and marking bearing the registration, and to take back from the clerk the copy of the same, to the effect that it be not booked nor no further record made for booking thereof.