Stile Book of James Armor, C. 1698

(1)

A Stile Book written by James Armour,

Decreet Arbitrall

Att Edinburgh The X day of XX years 88c X as Judge & Arbitrators and amicable Compositor Elected and choosen for the part of X within designed on the one part X and X Judge Arbitrator and Amicable Compositor Elected and chosen for the part of X on the other part. Habing seen and Considered the within written Submission and the claims given in by each partie Concerning the matter within written with the Instructions therof & the severall answers hinc inde made by other of the partys therto And having God and a Good Conscience before our eyes (all partiality Secluded,) we after mature and serious Consideration and deliberation of the said matter as Judges Arbitrators forsaids Decree and Ordain ilk one of the saids parties to do and perform to [others?] the particular deeds underwritten and first we decree the said X to X (here to Insert the Decernator of the first party) And on the other part we Decree the said

(2)

said X to (here Insert the Decernator of the other party) And Ordains the party failer in observing the premiss of to others to pay to the party observer or willing to observe the sume of X In manner within specified by and Allow the performance hereof and Decern and Ordain both the, saids partys to stand and abide herat underly and fullfill the same but Reclamation and ordains these presents to be Insert and Registrat in the books of Co: and Sess: and the Lords of Co" and Sess: their Decreet Interponed upto that Letters of [Poining?] and others may be direct heron In manner within contained In wittness werof (written by X) we have subscribed these presents X

Assignation by one under Curatory

Be it known X me X with the speciall Advice and Consent of X X my Curators for their Interests foras much as the X by his bond heritably concerned dated X bound and Obleidged him his heirs X to have contented and payed to X he being on life and [faikising?] of him by decease to me the said X my heirs {and} or Assigneys; All and hard the sume of X principall with the arent therof from the date

(3)

date of the bond and that against the X with X of liquidate Expenses in case of failure to gather with the ordinar @ rent of the said print sume yearly termly and proportionalle so long as the same should remain unpayed after the said term and further for the said [?] X and me his said son our better security The said X bound and obleidged him and his forsaids to have duly infest us our heirs and succossors above specified heretably in All and [haill?] ane @ rent of X [?] or such ane @rent as should correspond to the said printt sume of X conform to the Laws and pratique of the Kingdome for the time yearly to have ben uplifted and taken at two terms in the year, W: and M: {winter] by equall portions furth of all and haill the Lands (here Insert the Lands) To be holden and with Warrandies in maner mond in the said bond and Such like the said [doroased?] X and thereby obleidge him and his forsaids to pay the said @rent yearly (in case the same should be in his hands) at the terms abovemand under the failure of X of liquidate penalte [totos?] [quotios?], Redeemable allways the said @rent by pamt to us of the said principall sume of @rents and [faillis?] that should be due therefore at any Term of Whitsonday or Mart: after the term of payment upon 90 days premonition

providing always the [?] should not hinder the said of and me his son to seek execution for payment of the said sume X as the said heretable bond containing precept of [sasin?] and diverse other clauses in it self more fully proports likeas the said of by another bond (here narrate the bond) And now seeing of [half?] advanced and payed to and the said of at the {said?} sight of my said Curators the two principals sumes above men'd extending together to X and that for and upon my granting to him the assignation underwritten (of the which sume thereby grant the recept) renouncing all exceptions proponable in the Contrar with Advice and Consent for sd Exoner and discharge him and his thereof forever Therefore [ivitt] [yo] [mo] the said & with the speciall advice and Concent of my Curators abovenamed to have made and Constatute As I hereby with Advice forsaid make constitute and ordain the said of his heirs and Assignoys my [verry] lawful [coss-] [coners] and Assignoys donators and [procs] [vofule] in [?] [?] in and to the said principal sume of X contained in the {first} [fiscal?] bond above deduced & of liquidal Ex[ponsed] also therein contained And suchlike in and to the said [x?] principall sume of X contained

Contained in the forsaid second band and to the sume of X liquidate expenses therin expressed and in and to the ordinar @rent and profit of the saids two respective prin'd sumes from and after the term of X in this instant year of X all [ennarly?]; and yearly and termly in time coming during the not payment therof and to the liquidal penaltie that shall happen to be in airred in not payment of the @rent of the said first prin'd sume termly and in and to the forsaids two bonds themselves said heads clauses and oblidgements thereof [ ? ] contained with all that hath followed or may follow therupon. The right wherof is hereby turned and transferred from me and my @written to and in favours of the x and his forsaids whom I by these presents surrogat and substitute in my place and title of the premisses forever with full power to the said x and his @specified to ask crave receive and uplift the sumes of money above asigned from the heirs and representatives of the said x grantor of the said bonds and if need be is to call and pursue therfor before competent judges [deits?] to obtain and cause to execute componets transact and agree the anent discharges upon receipt of the sumes in whole or in part to give subscribe and deliver which shall be as sufficient to the receivers as given by my