Procedure, 30 December 1701, Edinburgh

Att Edinburgh the first day of Jully J^aj vij^c etc and one years

D1701/7/2

D1701/7/2¹

Act

Act In favours of James Stivin usher for building his house in the parliament Closs

Annent The petitioner given in and presented to the Lords his majesties privie Councill by James Steohen usher Deput to his majesties Exchequer Shewing that the petitioner haveing purchased the Fifth story of Hugh Blaires Land in Edinburgh at the entry to the parliament Closs which by the late great fire was Burnt and being Resolved to rebuild the Same with other herretors of the said Land, And for preventing of any Differences of Scruple that may arise Anent the height of the tenenment upon the late Act of parliament, whereby it is Declaired there shall only be four stories above the shops and a garret as to uhich the petitioner Humbly Represents, (1mo) that he and his Authors did accquire right to the forsadi Fifth story and uere in posessione Long prior to the said Act so as to the petitioners Duelling house he is not in the caice of the Act of parliament which can only Extend to the tenements of land that were voluntarly errected after the said Act but no wayes to prejudge any privat man of his just right or to impede him of HIs Just rebuilding his oun property burnt by fire (2do) the greatest pairt of the petitioners Duelling house the walls therof and Chimneys are yet standing to that in reasone he ought to be allowed to repaire especially considering that the next adjacent Land is as high as mine will be, when rebuilt and that he should be in no worse Caice then before (3dly) albeit the petitioner could be prejudged of his said priveit right yet these inconveniencies would Follow, that it would be altogither Irregular from the Adjacent tennement that none of the Chimneys therof can be Supposed to vent (4tly) it Cannot be thought that the forsaid Act of parliament was intended to take away any mens private right, And if so and that the town of Edinburgh should hinder the petitioner to Rebuild, his property must perish, because the other Herretors below him refuses to give the petitioner any acknouledgment for his rights alleadgeing they are in a worse conditione through his not rebuilding, because the petitioenr did ear a proportionall pairt of the Expences of the roof of which they will be Deprived now, And the magistrats of Edinburgh they will Refuse to pay the petitioner for his right (albeit the Act of parliament relates to the Safety and Decorement of the good Town) in regaird the forsaid Act of parliament is not Burdened therewith So that he should have Liberty to repaire his said Duelling house as before the Burning And Therfor Humbly Craveing that it might please the saids Lords to allow the petitioner to Rebuild the forsaid story as before the Burning as the said petitione bears The Lords of his majesties privie councill haveing considered the above petitione given in to them by the above James Stephen They heirby recommend to the Committy Appoynted anent the Burntland in the parliament Closs Upon the Sixth day of March one Thousand Seven Hundered years to consider the said petitione and to make report to the privy Councill therin And the saids Lords doe heireby Add the present Lord provost of Edinburgh to be upon the forsaid Committie in place of the then Lord provost of Edinburgh who was upon the same And Recomends to the said Committie to consider and give their oppinione Anent the whole buildings in the said palirament closs both Backland and foreland built or to be built and not yet founded and to hear all pairties thereanent how they are satisfied therwith And Recommends to the said committie to meet the Morrow at ten in the forenoon And Appoynts the petitioner to cause warne them And Continuose their quorum as formerly And thereafter the saids Lords haveing upon the day and date of thir presents Considered the said pettione they hereby allow the petitioner to rebuild the above story as before