16401223EDI00

1640, December 23

Edinburgh

Obligation by Patrick Smyth of Braco to William Dick of Braid, anent a debt of 500 rix dollar owed by Court Warnekin from Bremen for a load of butter, who paid the sum to Joshua Averie in Hamburg, who was supposed to pay it via William Stirling to William Dick or Peter Smyth, but the money never arrived.

Edinburgh, National Records of Scotland

GD190/3/232/6

Scots

On the reverse is a discharge: I, Sir Williame Dick of Braid grantis me to have presentlie rasavit fra Patrik Smyth of Braco, threttie dolouris for interes of the pincipall sowme within writtin, in respect Court Warnekin payit me the principall soume within mentionit to Mr Avarie and reportit his dischairge thairupone, conforme to the conditione of this within writtin band. Lykwayis, Mr Avarie hes haldin me compt of the said principall sowme within specifeit. Be thir presentis, subscrivit with my hand, at Edinburgh, the aucht day of Jully the yeir of God 1642 yeiris, befoir thir witnessis, George Sinclair of Rapnes, James Scot, merchand in Yetland, and Alexander Dick, writter.


Be it kend till all men be thir present letters, me Patrik Smyth of Braco, subtaksman of all and haill the lordschip of Yetland and yleis thairof, set be Williame Dick of Braid, principall taksman to our soverane lord of the earldome of Orknay and lordschip of Yetland, for ane certane yeirlie deutie in the said subtak payabill to him, quhairas Court Warnekin of Bream, be his letter daitit at Breame the auchtene of Merche last bypast in this instant yeir of God 1640 yeiris,1 direct to his weill respectit worthie and favourable freind, thocht unaquentit, Mr William Stirling, quho is doar for me at Edinburgh, writtis he rasavit in the harvest preceiding the dait foirsaid of his letter fra George Sinclare of Rapnes for fyve hundreth dolours butter in Yetland, quhilk fyve hundreth dolouris he payit to Mr Josua Averie in Hamburgh the xxix day of November 1639 yeiris in the said George Sinclare and Andro Smythis names,2 and quhilkis fyve hundreth rex dolouris sould have bene remittit be the said Josua Avarie in Scotland to the said William Stirling, and quhen the money sould cum to his hands he sould pay the samen to the said William Dick or to Petir Smyth, Andro Smythis brother, as the said letter at mair lenth beires. Nevirtheles the said Josua Avarie hes neglectit the remitting to Scotland of the saids fyve hundreth rex dolouris to the said William Sterling, and hes gevin no advertisement to the said Williame Dick of the ressait of the same the tyme foirsaid for his accompt, sua can give me no allowance thairof as part of payment of the deutie I am obleist to him be the said subtak at Mertimes 1639 yeiris for the crope and yeir of God 1638 yeiris, sua that without productione of the said Josua Avarie his bill or warrand promesing to hauld compt and mak payment to the said Williame Dick of the saids fyve hundreth rex dolouris with the annualrent of the samen since the tyme foirsaid of his ressait thairof, I am direct dettar to the said William in payment of the samen sowme and annuelrent thairof sen Mertimes 1639 yeiris. Thairfoir, I, be thir presentis faithfullie promeis, binds and obleissis me to bring and deliver within the burch of Edinburgh to the said William Dick the said Josua Avarie his sufficient bill and warrand, granting the ressait of the saids fyve hundreth rex dolouris fra the said Court Warnekin the tyme foirsaid at the behove and accompt of the said Williame Dick, thairby obleissing him to pay the samen with the annualrent sen his ressait thairof, betuix the dait heirof and the last day of Setember nixtocum without forder delay, and failyeing of deliverie of the said autentick warrand at the said day, I, now as than, faithfullie binds and obleiss me to mak thankfull payment to the said Williame Dick of the said sowme of fyve hundreth rex dolouris togidder with ordinar annualrent thairof fra Mertimes 1639 yeiris, betuix and the ellevint day of November nixt thaireftir without longer delay[...]

In witnes quhairof, writtin be Alexander Dick, writter, I have subscrivit thir presentis with my hand, at Edinburgh, the tuentie thrie day of December the yeir of God 1640 yeiris, befoir thir witnessis, Archibald Boyll and George Sinclare, servitors to the said William Dick, and the said Alexander Dick.

Transcript by John Ballantyne