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<DATE>2013-04-02</DATE>
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<NAME>Geremy Carnes</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B121112.pdcc.</ITEM>
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<STC T="W">U101E</STC>
<STC T="C">R187840</STC>
<BIBNO T="oclc">52529056</BIBNO>
<VID>179185</VID>
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<DIV1 TYPE="report">
<PB REF="1" MS="y">
<HEAD><HI>&V;nto the Right Honourable The Lords of Councill and Se&s;&s;ion</HI> The REPORT, REPRESENTA|TION, and PETITION, of the Committee of <HI>ADVOCATS,</HI> appointed by your Lord&s;hips to meet with the <HI>Stent-Ma&s;ters</HI> of <HI>Edinburgh:</HI></HEAD>
<OPENER>SHEWETH</OPENER>
<P>THAT in pur&s;uance of the priviledges found by Decreet of your Lord&s;hips in <HI>Febru|ary</HI> 1687 to belong to the Members of the Colledge of Ju&s;tice and in obedience to your Lord&s;hips appointment whereby we were authorized and appointed by your Lord|&s;hips to go through with the <HI>Stent-Ma&s;ters</HI> of <HI>Edinburgh</HI> and to do all things nece&s;|&s;ar in order to the &s;eeing of the Towns proportion of the publick burdens, Ju&s;tly and equally &s;aid on &amp;c. We did meet with the Moderator of the <HI>Stent</HI> and remanent <HI>Stent-Ma&s;ters</HI> and <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">id concert with them, that the going thorow in order to the Survey, &s;hould Commence the <HI>2d</HI> of <HI>January</HI> la&s;t; And that we might make &s;urvey Books of our own, In &s;uch manner as we &s;hould think fit, in regaird they would not allow us the u&s;e of their Survey Books of the for|mer year for our Information. And becau&s;e as they pretended, it would be eight or ten days work they de&s;ired we might be punctuall in ob&s;erving the diets, which we agreed to Becau&s;e they pretended they were oblidged to inclo&s;e in order to the proportioning of the Stent upon the to day of <HI>January</HI> thereafter, which we al&s;o were &s;atisfied with, that &s;o the bu&s;ine&s;s might have <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">een compleated before the commencement of the Se&s;&s;ion.</P>
<P>Conform to this Concert, we did begin the Survey upon the <HI>2d</HI> of <HI>January,</HI> and continued &s;o to do for &s;ome diets very punctually. But at length the <HI>Stent Ma&s;ters</HI> perceiving that we did more &s;eriou&s;ly apply in this than in any former years for attaining to the full knowledge <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> that affair, by making &s;crolls of the &s;urvey in the terms as we had concerted with the <HI>Stent Ma&s;ters</HI> of before. They became mo&s;t unea&s;y and &s;hifted the going thorow, albeit we were always <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">eady. For a &s;pecious pretext to tho&s;e delayes, &s;ome pretended one excu&s;e and &s;ome an other <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">us perceiveing that their de&s;ign could be no other but to wearie us out of it or to run us up|on the Se&s;&s;ion, when we could not &s;o conveniently attend. We did commi&s;&s;ion at &s;ome of our Num|ber to &s;ignify to the Moderator of the Towns <HI>Stent-Ma&s;ters,</HI> That we were ob&s;erving unpre&s;iden|<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">d and extraordinary delays in their making up the &s;urvey, with which we would acquaint our Lord&s;hips unle&s;s they would rectifie that abu&s;e for the future, and haveing received no &s;a|<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">factory an&s;wer, we did require them under form of In&s;trument to go thorow <HI>de die in diem</HI> <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">d Prote&s;ted in the terms of our In&s;truments herewith produced. Notwith&s;tanding whereof al|<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">eit &s;ome of them did thereafter go for &s;ome diets, yet they did it with &s;uch reluct<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ancie, that <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ll of them never went at once, and keeped us &s;till in &s;u&s;pence, with &s;uch &s;ham and Dilatory an|<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">wers as this, that they knew not <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">hether they could go or not. Whereupon we re&s;olved a|mong&s;t our &s;elues, not only <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">o be ready to attend them daily untill the Se&s;&s;ion &s;hould &s;it down <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">at we might have redre&s;s. But al&s;o that we might now and then require tho&s;e <HI>Stent-ma&s;ters</HI> <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> our particular di&s;tricts, to go about the &s;urvey, with us at the ordinary diets, and which all <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> us did ob&s;erve, as appears by &s;everal In&s;truments likewi&s;e herewith produced, but all to no <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">urpo&s;e, none of us having had opportunity to go thorow out whole bounds, and &s;ome not one half and others not a third thereof; thorow the <HI>Stent-Ma&s;ters</HI> their not concurring to attend the <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ets. By all which it is very pre&s;umeable that there is &s;ome Latent My&s;tery in that affair, To <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">e knowledge whereof they do not incline the <HI>Colledge</HI> of <HI>Ju&s;tice</HI> &s;hould attain, E&s;pecialy &s;eing <GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk">s is certain that before the Revolution, when <HI>Eight months Ce&s;s</HI> was impo&s;ed, the propor|tions of the Heritors was only about <HI>Eight per Cent</HI> of the valued rent, and now in the&s;e lat|ter years it has been for the mo&s;t part 15 or 16 or 17 <HI>per cent</HI> and &s;ome times more, <HI>for</HI> the like Number of Months. And &s;eeing there is no apparent Method of di&s;covering what occa&s;i|ons this difference, unle&s;s we be pre&s;ent at the whole &s;urvey, &amp; &s;o have before us the Totall rent of the Town, and Likeways be pre&s;ent at proportioning the <HI>Stent,</HI> both upon <HI>Land</HI> and <HI>Trade,</HI> <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">d that now they ab&s;olutely refu&s;e to go thorow, unle&s;s we would engage to make no &s;crolls <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> write, of the Survey, and which if veilded to, might render the de&s;ign altogether Elu&s;ory: and <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">t to Evidence the de&s;ire we had of contributing our endeavours, to procure a la&s;ting Friend|<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">ip betwixt the Colledge of <HI>Ju&s;tice</HI> and the good Town, we did &s;o farr comply with the de|<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">re of &s;ome of the Magi&s;trates and Moderator of the <HI>Stent</HI> that after &s;everal meetings and communings wherein they repre&s;ented (tho without ground) that our making up of Scrolls <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> the valuation might give umbrage to the neighbourhead we agreed to &s;uperceed the perfecting <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> the&s;e Scrolls upon their going into &s;uch propo&s;alls as might tend to give us the <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">erfect knowledge and information of the way and manner of impo&s;ing and <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ollecting their <HI>Stent,</HI> upon Land and Trade, which we gave in unto them <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> the terms hereto &s;ubjoyned and to which propo&s;alls tho' they pretended to
<PB N="2" REF="2">acquie&s;ce&punc; yet when we came to require &s;ome proper Security for the performance, <HI>viz.</HI> Th<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> the <HI>Moderator</HI> of the <HI>Stent</HI> and the <HI>Prae&s;es</HI> of our <HI>Committee,</HI> for their re&s;pective Brethren <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> the Propo&s;als, in token of their being agreed to by both parties, the &s;ame was po&s;itively re|fu&s;ed to us: from which 'tis very plain, that the de&s;ign from the beginning has been, and &s;ti<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> continues, to deprive us of all proper means, whereby to come to the knowledge of any &s;uc<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> particulars, as your Lord&s;hips Decreet &amp; Act of Sederunt, and priviledges of the Colledge of Ju|&s;tice thereby confirmed, intitles us to: And &s;eing our demanding &s;ome &s;ecurity on the part of th<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> good Town &amp; the&s;e <HI>Stent-ma&s;ters</HI> for performance of &s;o mode&s;t &amp; equal Propo&s;als as we tend<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> to them, was both equal, and ab&s;olutely nece&s;&s;ary; &s;ince otherwi&s;e, without &s;ome Document of their Con&s;ent in writing, they would no doubt have re&s;iled in the &s;ame manner from the<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> as they did from the fir&s;t Concert &s;olemnly agreed to betwixt the <HI>Stent ma&s;ters</HI> and us at a g<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters">|ral Meeting, whereby at their own de&s;ire, and by their con&s;ent we were to make up Valuati<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> Books of our own, in regard they refu&s;ed us the benefit of their old Scrol-books for &s;a<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"> that labour: And ye<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> after we had all undergone a great Fatigue, in going through and carry<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters"> on our Books a con&s;iderable length, they all broke off the Concert, and refu&s;ed to go through any more with us, unle&s;s we would lay a&s;ide making up of Books any further. Therefore <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> is humbly craved, that your Lord&s;hips may apply &s;ome effectual Remedy for preventing th<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Abu&s;e committed again&s;t the Members of the Colledge of Ju&s;tice, and particularly (att<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> any other proper Expedient that can be fallen upon) to ordain the Town Council of <HI>Edinburg<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"></HI> and the pre&s;ent <HI>Stent Ma&s;ters</HI> to produce the former years Books, both of the Surveys <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> &s;ub&s;cribed Stent Books of Land and Trade (the in&s;pection of which &s;ub&s;cribed Books by <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> <HI>Act</HI> of <HI>Parl,</HI> is allowed to every Neighbour to demand) and that in order to the making up<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> this years Survey, they may be ordained to go throw at &s;uch Diets, as we who are appointed <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> your Lord&s;hips to at end the &s;ame, may conveniently be pre&s;ent, for perfecting the Scrolls whe<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">+in we are already advanced as far as we have &s;urveyed; that &s;o your Lord&s;hips Authority m<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> be &s;alved; and our Priviledges vindicated in the terms, and conform to your Lord&s;hips <HI>Act</HI> of <HI><GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">derunt</HI> and <HI>Decreet</HI> above mentioned.</P>
<DIV2 TYPE="articles">
<HEAD>Here follows the Articles agreed to, betwixt the Moderator <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> Stent-Ma&s;ters of <HI>Edinburgh,</HI> with concour&s;e of Baillie <HI>Nai<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"></HI> and Dean of Gild <HI>Neil&s;on,</HI> on behalf of the Magi&s;tracie <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> Council of <HI>Edinburgh,</HI> and the Committee of Advocats a<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">|pointed by the Faculty, and authorized by the Lords of S<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">|&s;ion.</HEAD>
<P><HI>1mo,</HI> THAT the eight Advocats appointed by the Faculty of Advocats, &amp; authorized by <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> Lords of Se&s;&s;ion, &s;hall not only go along with the Stent Ma&s;ters, at their taking <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> the &s;everal Surveys, but al&s;o make their re&s;pective privat Remarks apart, and at <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> clo&s;e of each Diet, that the haill Books, wherein the Valuations are contained and &s;et down <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> the Stent-Ma&s;ters, be marked by the Advocats pre&s;ent: for preventing the Sub&s;titution of ot<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"> in their place.</P>
<P><HI>2do,</HI> That the &s;aids haill Scroll Books &s;hall be &s;een when fini&s;hed, and peru&s;ed by the <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">|vocats them&s;elves at their own Meetings, and remain with them for a competent &s;pace, not <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> than 48 hours before inclo&s;ing.</P>
<P><HI>3tio,</HI> That they shall &s;ee the Books containing the Total of the Stent, both upon Land <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> Trade, made up from the re&s;pective Scroll Books, as likeways the Collectors Book made <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> from the whole, which is the Rule of the upli<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">ing; that they may peru&s;e them among&s;t th<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">|&s;elves for a competent &s;pace, not le&s;s than 48 hours, and compare the one with the other, <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">|ter the &s;aids Books are made up by the Stent-Ma&s;ters, and that both before and after &s;ig<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"> thereof, and that the Moderator may be pre&s;ent with the Advocats, at the peru&s;ing the &s;<GAP DESC="illegible" RESP="MURP" EXTENT="3 letters"> Books.</P>
<P><HI>4to,</HI> That the Diets for compleating the Survey, and for proportioning the Stent, a<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> inclo&s;ing, &s;hall be concerted and a <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ju<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">ed, to the re&s;pective Advocats of the Committee <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> Conven<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">entle.</P>
<P><HI>5to,</HI> That Mr. <HI>Walter Stuart</HI> continue to make up his Scroll Book for the third Bo<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"> in conjunction with the Stent Ma&s;ters of the &s;aid Bounds, till they come within four P<GAP DESC="illegible" RESP="MURP" EXTENT="1 chunk"> of the old Scroll-Book, that &s;o he may bring his Book equally up with others of the Co<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">|mittee of Advocats, which he hath <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> as yet gotten done, throw tho&s;e Stent-Ma&s;ters, ap+pointed for his bounds, being the <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> who broke off the Survey.</P>
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