Edinburgh Tuesday the 9th Aprill 1695 ante meridiem
D1695/4/2
D1695/4/2
Act
Act for building a Parkhouse in Pearth
Anent The petition given in to the Lords of his Majesties privy Councill be George Oliphant and Robert Smith late provests of Pearth for themselves and in name and behalf of the plurality of the present provest of Pearth having Caried on a designe to make a Considerable new building upon the expence of the Comon good without either necessity or the least Conveniency Contrare to the inclynatione of the pluralitie of the present Councill and to the generall disatisfaction of the inhabitants, He did apply to ther Lordships to authorize the said building, perfectly knowing that any Impetrat act of the toune Councill Warranding the same would not prove a legall burdein upon the Comon-good, The saids Lords did very Justly appoint the provests petitione to be seen and answered, and the provest having mett with Certaine of the Councill in a privat house, He signified what application hade been made to their Lordships, But Finding that the same was most unacceptable, He assured the persones present ther should be no farder of it unles the Councill were generally satisfied or that a new intimation should be made to them, upon this assurrance the petitioners Replyed, notwithstanding the forsaid bill being againe read the saids Lords Did authorize the building as if ther hade been no oppositione in the matter, The petitioners did formerly offer a petitione shewing ther Lordships that the petitioners neither did or Could accquiess as faithfull burgesses and Therfore desyreing that the work might be stoped untill the petitioners should be heard quherupon ther Lordships by a delyverance the twentie seventh of march Last allowed the present Magistrats to see and answer the petitioners bill, And in the mean time Recomended to my Lord advocat to endeavor to agree the parties, The provest haveing taken no notice of the forsaid petition and delyverance and haveing not only declyned all termes of accomodatione but proceiding to hew stones throw Doun the mayne Guard-house and make other prepairatione towards the building, The petitioners humbly beg Liberty to Lay doune the following grounds why the forsaid work ought not to be any burden upon the Comon good but upon the undertakers and Contracters allenarly Primo the work is undertaken and Caried one Contrary to the inclynatione of the plurality of the ordinary Councill as appears by ane instrument taken against the pretended act of Toune Councill proveing the agreement with the workmen To which instrument fourtein of the ordinary Councellors have adhered as appears by a declaration signed by ther hands and the wholl number being twentie six fourtein is the plurallity Secundo if their Lordships should think it worthy to enquyre in the inclynatione of the inhabitants ther will not be one for twenty to concurr with the designe of this new building Tertio seing ther Lordships were pleased to appoint ther former bill to be seen and answered the petitioners Conceive that ther Lordships delyverance did Imply a present stopt that the work might no proceid untill ther Lordships hade given thar determination or allowed the petitioners to be heard, yet the present provest and his adherents have presumed to proceid and Cary one the work since that time Quarto ther Lordships might easiely be perswaded that the provest first applicatione for the privy Councills approbatione was only to interpose with ther Lordships authority to Carry on a work which was otherwayes questionable in it self and the petitioners are humbly Confident that so soon as ther Lordships are satisfied that ther are any maner of Objectiones against the work, and that it is generally unacceptable, Ther Lordships will be pleased to with draw ther Lordships authority, that the provests procedor may be upon ther perrill that the petitioners may not be precluded of the benefite of the late act of parliament provyding against the maleadministratione of magistrats In the nixt place the petitioners beg Liberty to Lay before ther Lordships the reasones that moves the petitioner to be Dissatisfied with the procedor and the work it self as unprofitable First ther is ane act of the toune Councill wherby the case was fairly stated in Councill That they might deliberat And determine whither ther was ane expediency in Such as a work or not, But the plurality of the Councill are Wheedled into a Constructive and Consequentiall Consent For the first act that appears is upon the Eightein of December Jaj vjc nyntie three Wherby the Councill apoints a vaccand stipend to be applyed to the repairing ten Glass windowes in the body of the Quire which are altogither ruinous and the superplus if any were for Laying the foundation of this new building and appointing a Committie for Contriveing managing and perfecting the saids pious works, Wherby nothing was understood to the Councill, But the application of a stipend to a pious work and the foundatione of this work was only to be in the Last place if ther were any fond The nixt act of the Councill is upon the twelth of February by which seventein hundred merks beside the vaccant stipend is appointed to be payed in to the thesaurer for prepairing matterialls for Laying the foundatione of the said new work, all this whill the new work is taken for granted without being stated or Directly authorized by the Councill The thrid act is upon the Eightein of June Jaj vjc nyntie four Which Containes the report of the forsaid Comittie bearing that this new work cannot be under Seven Thousand merks, and therby Commission is granted to the magistrats and former Committie to agree with workmen not exceiding that soume and the last act is ane act approveing a Contract made by Certaine of the forsaid Committie and the magistrats This being the procedure It is clear First that the Caste hath never been fairly stated or understood to the Councill secondly ther was never any Councill Called for that matter nor the members warned to attend But all the acts bear to be upon the ordinary Councill dayes, albeit the act of parliament expressly provydes that no toune Councill shall Contract any debt without a previous act in ther fullest Conventione, Wheras heir ther was no full Conventione or intimatione made to the absents to have attended would have Caried the resolutione in the negative, Thridly by the Constant Custome of the burgh all Contracts are entered into and bonds granted be the Councill for themselves and in name of the Commissioners Wheras the Contract anent this new building was only by […] magistrats and two Councellors who were one the Committie to Continue and agree with work men, But the neither were nor Could be authorized to Contract, Which was never practised by any Community But by the wholl Councill And Therfore the Contract was of it self unwarrantable and null, and tho ane act of Councill be acquyred previous to such a Contract yet ane act of Councell allone without a Contract signed by the Councill is not legally binding Fourthly non of the Acts of Councill first or Last made any motione of Demolishing the mayne Gauird yet that is done Which necessary Imployes a furder debt upon the toune to provyd another Guard house and the soume of Seven Thousand merks Contained in the Contract will not defrey the half of the expence that will necessary be Consequent to that undertaking Fifthly The undertaking is in itself altogither unprofitable and useless Becaus the burgh is most Conveniently provyded with a Councill Chamber a Chartor house and a park house and the undertaking is for building of another Councill Chamber Clerks Chamber and park house Wherby the former will be useless and the situation of the new intended building is much Less Convenient for keeping of wrytes Becaus it is Closs upon the river, Wher its knowen that papers Cannot be safely keeped in so much that the shirref Clerk was necessitate to remove the records from a house near the River because they were moulded and spoilled, as alsoe the housses that Lye near the watter are frequently Damnified by the spetts of the River And Lastly the wholl Comon good will not extend five hundred punds sterling yearly or therby and the debts upon it will be seventie Thousand merks, Which would be much increased by this unnecessary undertaking, attour that it will take a Considerable soume to make up Cruives Boutrage and Brigs that the river has Casten doun upon the break of the Last Storme Which of necessitie most be presently repaired And Therfore Humbly Craveing the saids Lords would Consider the premisses and specially that the provests applicatione to ther Lordships wes Contrary to the inclynatione of the plurality of this present Councill, as ther Commissione to the petitioners doeth instruct and to prohibit and Discharge the magistrats To make any furder procedor in that work and to with draw ther Lordships authoritie from the severall acts of the provest and his adherents That they may be Lyable for ther malversatione according to Law and aspecially the fourteinth act of the Last sessione of Parliament and if any Defficulty remaine that ther Lordships would her the petitioners procurators upon the points above represented And Anent the petitione given in be David Murray present provest of Pearth and others Shewing That wher haveing resolved in the petitioners toune Councill by severall acts to build a new parkhouse Councill house and Clerks Chamber for the greater Conveniencie of the burgh and appointed fonds entered into Contracts and mad preparations for that effect as alsoe haveing obtained ther Lordships authoritie and allowance to be interponed for the petitioners more full warrand and security yet nevertheless Robert Smith and George Oliphant two of the petitioners oun nighbours drawing a faction after them doe without all Cause persist to oppose, and tho that when the petitioners first adressed to ther Lordships for ther approbatione and allowance, They were ordained to see and answer and neglected the intimation made to them for that effect, yet now they have offered ane after petition to ther Lordships on purpose to Imped the work and Creat disquet and Disturbance within the burgh. As to which petition the petitioner humbly answer first that the argument therin used that the burgh hath been long ill served with ane old parkhouse, Councill house and Clerks Chamber Is not to be regairded for seing that the magistrats and toun Councill some of the said opposers being present did find the old parkhouse very inconvenient and that the old Councill house being only a borrowed Corner of the kirk hade exposed the toune to severall troubles and hazards besides it is manifast indecency That ther was in effect no Clerks Chamber formerly but a privat Chamber in use to be taken from time to time to the touns great Loss and prejudice They did most Rationally appoint that these things should be helped and reformed as hath been usuall in all burghs to amend such inconveniencies tho long sufered and endured by new works and Contrivances, Secondly wher the opposers alledge that the building of these new housses will put the toune to great and needless expence Especially when the toune is allready overcharged with debt, Its answered that before the petitioner proceided to these new works they both Considered the expence requisit and the fonds proper for it and haveing found that by ther Lordships allowance the petitioners are Impowered to dispose upon ther vaccand stipends, wherof that of the second minister has vaiked ever since the revolutione, and that the new works might be done for seven Thousand merks according to the Contract which the petitioners hade made with the workmen for that effect and therwith produced, The petitioners very reasonably Concluded that the new work design Could be no burden to the burgh But that the advantage therof did by farr over ballance the Charge and for the debts of the petitioners burgh It is very weell knowen that tho within these few years they did extend to no more then ane hundred Thousand merks yet they are now brought doune to Fiftie thousand merks and throw the blissing of God and the late good managment are yearly Decreasing so that the works designed are not only Convenient and easie and such as the burgh can suficiently support Thridly wher the oppossers alledge that the acts of ther toune Councill wer Clandastine and that their Lordships approbatione was obtained the oppossers not having been heard, The acts of the toune Councill therwith produced were opponed wher some of the principall oppossers not having been heard, The act of the toune Councill therwith produced were opponed wher some of the principall oppossers stand marked in the sederunts and ther Lordships may remember how that your approbatione were obtained after intimation made to the oppossers to see and answer and a Considerable time given to them for that effect as ther Lordships Clerks could testifie But the trench is that the wholl ground of this oppositione is a Causeless malice ground of this oppositione is a Causeless malice and envy in persones who have no intrest in the matter more then that of a Comon burges, Do endeavor to Creat and raise Disturbance to the present magistrats (whose good affectione to his majesties government is suficiently knowen) by ane officious pretending to a particular Concerne for the termes good But really designed to insinuat upon the Comonality to the visible disqueit and disturbance of the burgh, And therafter haveing shewed the saids Lords the necessity alse weell as the Conveniency of the new which they designe and how far they are from ingadged and the works are allready proceided Certainly redouned both to the utillity and Ornament of the burgh the petitioners most farder Crave Leave to Lay befor their Lordships the Clamour and Calumney of their oppossers In alse much as they alledge the expence of the work to be Eleven Thousand merks when the Contract produced makes it out to be but seven thousand Which seven Thousand merks was proposed to be made up after this maner Viz the second ministers vaccant stipend yet in the petitioners hands which at Whitsunday nixt will amount to sixtein Chalders of victuall and four Hundred punds of money and the victuall being Compted at ane Hundred merks the Chalder the said vaccant stipend will extend to two thousand two hundred merks and the toune was formerly in use to pay fourtie pund yearly for a Chamber to the Clerks Which answers to ane thousand merks and when the said Parkhouse is built in the maner as is agreed be the Contract the petitioners will gett ane Hundred and twentie pund of rent be year for it, Which answers to thrie thousand merks to that ther will only be Eight hundred merks to come of the Comon good of the toune to make up the haill seven Thousand merks agreed upon be the Charitable as the expenses of making up the wholl building so that it is strang with what Confidence any particullar burges of the burgh can offer to oppose so good and necessary a work wher it will bring but so small expence as seven or Eight hundred merks at most upon the comon good Secundo they alledge their debt to be seventie thousand merks That is not above fiftie one Thousand merks ther being sixtein Thousand merks to be payed at Whitsunday nixt And Tertio they pretend more necessary works specially to repair the Croy and other breaches made in the watter by the late storme and defend against the River which the petitioner instruct by report of visitors can be done for sixtie punds scots as is also setled by agreementt, And albeit the petitioners doe for sixtie punds cots as is also setled by agreement, And albeit the petitioners doe represent these particulars to ther Lordships to evince how groundles the Complaint is That is made be the Impossers of that work yet they humbly Conceave they need say no more in Law But when the magistrats and toune Councill of a burgh who be the Law has the full and free administratione of the publict affairs therof makes ane act in relatione to any publict affair of the burgh such as the building or repairing of the publict works and if upon the faith of thes acts of Councill, The magistrats or others Impowered therby has entered into Contracts with workmen for building the saids works It were absurd to pretend that it should be in the power of one or more of the privat burgesses of the burgh to offer to Counteract or Contravert the samen For if that were allowed it might Lay a foundatione to introduce ane absolute Confussione in all the burghs of the natione, For albeit the acts of the magistrats In relatione to publict affairs were never so Just and reasonable and for the advantage of the burgh, yet ther may be allwayes some Malicious persones who of purpose to disturb the peace and queit of the burgh might draw a fashion which might goe allong with them to oppose all the actings of the magistrates and Councill for the time which is a thing that ought not to be encouraged and if the magistrats and Councill of a burgh might have acts of Councill in order to contracting of debt and Grant bonds for the samen which would oblidge the burgh and Cannot be Controverted by any privat burgesses much more may any persone affair that concernes the burgh such as the publict buildings and the link which so much tend both to the Decorement and utitility of the burgh, and these Contracts haveing so farr taken effect that ther is a Considerable progress made in the building upon the faith of these acts of Councill and a great part of the money payed for any privat burges to Contravert such a Contract or pretend to stopt the work would not only occasione a Confussione in the managing of publict affairs Bot would absolutely Destroy the faith of the burgh And Seing for Carieing on the work designed they have been oblidged to pule doune the old Guardhouse Which was neither weel situat nor at all sufficient and are to build a new one every way more Convenient for his majesties service And Therfore humbly Craving the saids Lords would take the premisses to ther Consideratione and refuse the desyre of Robert Smith and George Oliphants petitione that they may be allowed to goe one in the building Conforme to the Contract allready entered into with the work men and former acts of Councill and to authorize the Imploying of the vaccant stipend in the petitioners land as said is, To defray the expenses of the said building in the first place So far as the Samen will goe and authorize the petitioners to rebuild the guard house in a more Convenient place about the midle of the toune at the sight of the Lord Murray and the present provest As also to Condemne Robert Smith and George Oliphant in Large expences that they unnecessarly have put the provest and other persones above named to in defending against ther groundless Complaints To the example and terror of others who shall enter into such mutinous and obstinat oppositiones of the representative body of the burgh as the Saids two severall petitiones bears The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Robert Smith and George Oliphant for themselves and in name and behalf of the plurality of the Inhabitants and burgesses of Pearth against the present magistrats of Peart, with a petition given in be David Murray present provest and others of the magistrats and toune Councill of Pearth for themselves and ther Community being being both read and both parties with ther advocats being Called And the said Master Smith and Mr Oliphant Compeiring personally with Mr Hew Dalrymple and Mr David Cuninghame ther advocats and David Murray present provest and James Crie late provest of the said burgh of Pearth Compeiring personally with Sir James Stewart his majesties advocat and Sir Patrick Home advocat ther procurators, Both parties Lawiers being fully heard and the saids Lords having heard severall acts of the toune Councill of Pearth anent this matter read in ther presence and having Considered the same with the wholl matter They heirby Adhere to the former interloquitor of privy Councill pronunced in this matter upon the […] day of […] And allowes and authorizes the work mentioned in the saids acts of Councill to goe one, and the building of a Guardhouse in a Convenient place about the midle of the toune And Ordaines David Ferhnie present thesaurer and his successors in the said office to pay all Charges and expenses necessary for building and Compleating the said work mentioned in the Severall acts of the said toune Councill above exprest and for building the said Guardhouse and that out of the second ministers vaccand stipend in the first place and the rest in maner as any publict work of the said burgh was in use formerly to be satisfied and payed for by the thesaurers of the said burgh.
Edinburgh Tuesday the 9th Aprill 1695 ante meridiem
D1695/4/2
Act
Act for building a Parkhouse in Pearth
Anent The petition given in to the Lords of his Majesties privy Councill be George Oliphant and Robert Smith late provests of Pearth for themselves and in name and behalf of the plurality of the present provest of Pearth having Caried on a designe to make a Considerable new building upon the expence of the Comon good without either necessity or the least Conveniency Contrare to the inclynatione of the pluralitie of the present Councill and to the generall disatisfaction of the inhabitants, He did apply to ther Lordships to authorize the said building, perfectly knowing that any Impetrat act of the toune Councill Warranding the same would not prove a legall burdein upon the Comon-good, The saids Lords did very Justly appoint the provests petitione to be seen and answered, and the provest having mett with Certaine of the Councill in a privat house, He signified what application hade been made to their Lordships, But Finding that the same was most unacceptable, He assured the persones present ther should be no farder of it unles the Councill were generally satisfied or that a new intimation should be made to them, upon this assurrance the petitioners Replyed, notwithstanding the forsaid bill being againe read the saids Lords Did authorize the building as if ther hade been no oppositione in the matter, The petitioners did formerly offer a petitione shewing ther Lordships that the petitioners neither did or Could accquiess as faithfull burgesses and Therfore desyreing that the work might be stoped untill the petitioners should be heard quherupon ther Lordships by a delyverance the twentie seventh of march Last allowed the present Magistrats to see and answer the petitioners bill, And in the mean time Recomended to my Lord advocat to endeavor to agree the parties, The provest haveing taken no notice of the forsaid petition and delyverance and haveing not only declyned all termes of accomodatione but proceiding to hew stones throw Doun the mayne Guard-house and make other prepairatione towards the building, The petitioners humbly beg Liberty to Lay doune the following grounds why the forsaid work ought not to be any burden upon the Comon good but upon the undertakers and Contracters allenarly Primo the work is undertaken and Caried one Contrary to the inclynatione of the plurality of the ordinary Councill as appears by ane instrument taken against the pretended act of Toune Councill proveing the agreement with the workmen To which instrument fourtein of the ordinary Councellors have adhered as appears by a declaration signed by ther hands and the wholl number being twentie six fourtein is the plurallity Secundo if their Lordships should think it worthy to enquyre in the inclynatione of the inhabitants ther will not be one for twenty to concurr with the designe of this new building Tertio seing ther Lordships were pleased to appoint ther former bill to be seen and answered the petitioners Conceive that ther Lordships delyverance did Imply a present stopt that the work might no proceid untill ther Lordships hade given thar determination or allowed the petitioners to be heard, yet the present provest and his adherents have presumed to proceid and Cary one the work since that time Quarto ther Lordships might easiely be perswaded that the provest first applicatione for the privy Councills approbatione was only to interpose with ther Lordships authority to Carry on a work which was otherwayes questionable in it self and the petitioners are humbly Confident that so soon as ther Lordships are satisfied that ther are any maner of Objectiones against the work, and that it is generally unacceptable, Ther Lordships will be pleased to with draw ther Lordships authority, that the provests procedor may be upon ther perrill that the petitioners may not be precluded of the benefite of the late act of parliament provyding against the maleadministratione of magistrats In the nixt place the petitioners beg Liberty to Lay before ther Lordships the reasones that moves the petitioner to be Dissatisfied with the procedor and the work it self as unprofitable First ther is ane act of the toune Councill wherby the case was fairly stated in Councill That they might deliberat And determine whither ther was ane expediency in Such as a work or not, But the plurality of the Councill are Wheedled into a Constructive and Consequentiall Consent For the first act that appears is upon the Eightein of December Jaj vjc nyntie three Wherby the Councill apoints a vaccand stipend to be applyed to the repairing ten Glass windowes in the body of the Quire which are altogither ruinous and the superplus if any were for Laying the foundation of this new building and appointing a Committie for Contriveing managing and perfecting the saids pious works, Wherby nothing was understood to the Councill, But the application of a stipend to a pious work and the foundatione of this work was only to be in the Last place if ther were any fond The nixt act of the Councill is upon the twelth of February by which seventein hundred merks beside the vaccant stipend is appointed to be payed in to the thesaurer for prepairing matterialls for Laying the foundatione of the said new work, all this whill the new work is taken for granted without being stated or Directly authorized by the Councill The thrid act is upon the Eightein of June Jaj vjc nyntie four Which Containes the report of the forsaid Comittie bearing that this new work cannot be under Seven Thousand merks, and therby Commission is granted to the magistrats and former Committie to agree with workmen not exceiding that soume and the last act is ane act approveing a Contract made by Certaine of the forsaid Committie and the magistrats This being the procedure It is clear First that the Caste hath never been fairly stated or understood to the Councill secondly ther was never any Councill Called for that matter nor the members warned to attend But all the acts bear to be upon the ordinary Councill dayes, albeit the act of parliament expressly provydes that no toune Councill shall Contract any debt without a previous act in ther fullest Conventione, Wheras heir ther was no full Conventione or intimatione made to the absents to have attended would have Caried the resolutione in the negative, Thridly by the Constant Custome of the burgh all Contracts are entered into and bonds granted be the Councill for themselves and in name of the Commissioners Wheras the Contract anent this new building was only by […] magistrats and two Councellors who were one the Committie to Continue and agree with work men, But the neither were nor Could be authorized to Contract, Which was never practised by any Community But by the wholl Councill And Therfore the Contract was of it self unwarrantable and null, and tho ane act of Councill be acquyred previous to such a Contract yet ane act of Councell allone without a Contract signed by the Councill is not legally binding Fourthly non of the Acts of Councill first or Last made any motione of Demolishing the mayne Gauird yet that is done Which necessary Imployes a furder debt upon the toune to provyd another Guard house and the soume of Seven Thousand merks Contained in the Contract will not defrey the half of the expence that will necessary be Consequent to that undertaking Fifthly The undertaking is in itself altogither unprofitable and useless Becaus the burgh is most Conveniently provyded with a Councill Chamber a Chartor house and a park house and the undertaking is for building of another Councill Chamber Clerks Chamber and park house Wherby the former will be useless and the situation of the new intended building is much Less Convenient for keeping of wrytes Becaus it is Closs upon the river, Wher its knowen that papers Cannot be safely keeped in so much that the shirref Clerk was necessitate to remove the records from a house near the River because they were moulded and spoilled, as alsoe the housses that Lye near the watter are frequently Damnified by the spetts of the River And Lastly the wholl Comon good will not extend five hundred punds sterling yearly or therby and the debts upon it will be seventie Thousand merks, Which would be much increased by this unnecessary undertaking, attour that it will take a Considerable soume to make up Cruives Boutrage and Brigs that the river has Casten doun upon the break of the Last Storme Which of necessitie most be presently repaired And Therfore Humbly Craveing the saids Lords would Consider the premisses and specially that the provests applicatione to ther Lordships wes Contrary to the inclynatione of the plurality of this present Councill, as ther Commissione to the petitioners doeth instruct and to prohibit and Discharge the magistrats To make any furder procedor in that work and to with draw ther Lordships authoritie from the severall acts of the provest and his adherents That they may be Lyable for ther malversatione according to Law and aspecially the fourteinth act of the Last sessione of Parliament and if any Defficulty remaine that ther Lordships would her the petitioners procurators upon the points above represented And Anent the petitione given in be David Murray present provest of Pearth and others Shewing That wher haveing resolved in the petitioners toune Councill by severall acts to build a new parkhouse Councill house and Clerks Chamber for the greater Conveniencie of the burgh and appointed fonds entered into Contracts and mad preparations for that effect as alsoe haveing obtained ther Lordships authoritie and allowance to be interponed for the petitioners more full warrand and security yet nevertheless Robert Smith and George Oliphant two of the petitioners oun nighbours drawing a faction after them doe without all Cause persist to oppose, and tho that when the petitioners first adressed to ther Lordships for ther approbatione and allowance, They were ordained to see and answer and neglected the intimation made to them for that effect, yet now they have offered ane after petition to ther Lordships on purpose to Imped the work and Creat disquet and Disturbance within the burgh. As to which petition the petitioner humbly answer first that the argument therin used that the burgh hath been long ill served with ane old parkhouse, Councill house and Clerks Chamber Is not to be regairded for seing that the magistrats and toun Councill some of the said opposers being present did find the old parkhouse very inconvenient and that the old Councill house being only a borrowed Corner of the kirk hade exposed the toune to severall troubles and hazards besides it is manifast indecency That ther was in effect no Clerks Chamber formerly but a privat Chamber in use to be taken from time to time to the touns great Loss and prejudice They did most Rationally appoint that these things should be helped and reformed as hath been usuall in all burghs to amend such inconveniencies tho long sufered and endured by new works and Contrivances, Secondly wher the opposers alledge that the building of these new housses will put the toune to great and needless expence Especially when the toune is allready overcharged with debt, Its answered that before the petitioner proceided to these new works they both Considered the expence requisit and the fonds proper for it and haveing found that by ther Lordships allowance the petitioners are Impowered to dispose upon ther vaccand stipends, wherof that of the second minister has vaiked ever since the revolutione, and that the new works might be done for seven Thousand merks according to the Contract which the petitioners hade made with the workmen for that effect and therwith produced, The petitioners very reasonably Concluded that the new work design Could be no burden to the burgh But that the advantage therof did by farr over ballance the Charge and for the debts of the petitioners burgh It is very weell knowen that tho within these few years they did extend to no more then ane hundred Thousand merks yet they are now brought doune to Fiftie thousand merks and throw the blissing of God and the late good managment are yearly Decreasing so that the works designed are not only Convenient and easie and such as the burgh can suficiently support Thridly wher the oppossers alledge that the acts of ther toune Councill wer Clandastine and that their Lordships approbatione was obtained the oppossers not having been heard, The acts of the toune Councill therwith produced were opponed wher some of the principall oppossers not having been heard, The act of the toune Councill therwith produced were opponed wher some of the principall oppossers stand marked in the sederunts and ther Lordships may remember how that your approbatione were obtained after intimation made to the oppossers to see and answer and a Considerable time given to them for that effect as ther Lordships Clerks could testifie But the trench is that the wholl ground of this oppositione is a Causeless malice ground of this oppositione is a Causeless malice and envy in persones who have no intrest in the matter more then that of a Comon burges, Do endeavor to Creat and raise Disturbance to the present magistrats (whose good affectione to his majesties government is suficiently knowen) by ane officious pretending to a particular Concerne for the termes good But really designed to insinuat upon the Comonality to the visible disqueit and disturbance of the burgh, And therafter haveing shewed the saids Lords the necessity alse weell as the Conveniency of the new which they designe and how far they are from ingadged and the works are allready proceided Certainly redouned both to the utillity and Ornament of the burgh the petitioners most farder Crave Leave to Lay befor their Lordships the Clamour and Calumney of their oppossers In alse much as they alledge the expence of the work to be Eleven Thousand merks when the Contract produced makes it out to be but seven thousand Which seven Thousand merks was proposed to be made up after this maner Viz the second ministers vaccant stipend yet in the petitioners hands which at Whitsunday nixt will amount to sixtein Chalders of victuall and four Hundred punds of money and the victuall being Compted at ane Hundred merks the Chalder the said vaccant stipend will extend to two thousand two hundred merks and the toune was formerly in use to pay fourtie pund yearly for a Chamber to the Clerks Which answers to ane thousand merks and when the said Parkhouse is built in the maner as is agreed be the Contract the petitioners will gett ane Hundred and twentie pund of rent be year for it, Which answers to thrie thousand merks to that ther will only be Eight hundred merks to come of the Comon good of the toune to make up the haill seven Thousand merks agreed upon be the Charitable as the expenses of making up the wholl building so that it is strang with what Confidence any particullar burges of the burgh can offer to oppose so good and necessary a work wher it will bring but so small expence as seven or Eight hundred merks at most upon the comon good Secundo they alledge their debt to be seventie thousand merks That is not above fiftie one Thousand merks ther being sixtein Thousand merks to be payed at Whitsunday nixt And Tertio they pretend more necessary works specially to repair the Croy and other breaches made in the watter by the late storme and defend against the River which the petitioner instruct by report of visitors can be done for sixtie punds scots as is also setled by agreementt, And albeit the petitioners doe for sixtie punds cots as is also setled by agreement, And albeit the petitioners doe represent these particulars to ther Lordships to evince how groundles the Complaint is That is made be the Impossers of that work yet they humbly Conceave they need say no more in Law But when the magistrats and toune Councill of a burgh who be the Law has the full and free administratione of the publict affairs therof makes ane act in relatione to any publict affair of the burgh such as the building or repairing of the publict works and if upon the faith of thes acts of Councill, The magistrats or others Impowered therby has entered into Contracts with workmen for building the saids works It were absurd to pretend that it should be in the power of one or more of the privat burgesses of the burgh to offer to Counteract or Contravert the samen For if that were allowed it might Lay a foundatione to introduce ane absolute Confussione in all the burghs of the natione, For albeit the acts of the magistrats In relatione to publict affairs were never so Just and reasonable and for the advantage of the burgh, yet ther may be allwayes some Malicious persones who of purpose to disturb the peace and queit of the burgh might draw a fashion which might goe allong with them to oppose all the actings of the magistrates and Councill for the time which is a thing that ought not to be encouraged and if the magistrats and Councill of a burgh might have acts of Councill in order to contracting of debt and Grant bonds for the samen which would oblidge the burgh and Cannot be Controverted by any privat burgesses much more may any persone affair that concernes the burgh such as the publict buildings and the link which so much tend both to the Decorement and utitility of the burgh, and these Contracts haveing so farr taken effect that ther is a Considerable progress made in the building upon the faith of these acts of Councill and a great part of the money payed for any privat burges to Contravert such a Contract or pretend to stopt the work would not only occasione a Confussione in the managing of publict affairs Bot would absolutely Destroy the faith of the burgh And Seing for Carieing on the work designed they have been oblidged to pule doune the old Guardhouse Which was neither weel situat nor at all sufficient and are to build a new one every way more Convenient for his majesties service And Therfore humbly Craving the saids Lords would take the premisses to ther Consideratione and refuse the desyre of Robert Smith and George Oliphants petitione that they may be allowed to goe one in the building Conforme to the Contract allready entered into with the work men and former acts of Councill and to authorize the Imploying of the vaccant stipend in the petitioners land as said is, To defray the expenses of the said building in the first place So far as the Samen will goe and authorize the petitioners to rebuild the guard house in a more Convenient place about the midle of the toune at the sight of the Lord Murray and the present provest As also to Condemne Robert Smith and George Oliphant in Large expences that they unnecessarly have put the provest and other persones above named to in defending against ther groundless Complaints To the example and terror of others who shall enter into such mutinous and obstinat oppositiones of the representative body of the burgh as the Saids two severall petitiones bears The Lords of his Majesties privy Councill haveing Considered a petition given in to them be Robert Smith and George Oliphant for themselves and in name and behalf of the plurality of the Inhabitants and burgesses of Pearth against the present magistrats of Peart, with a petition given in be David Murray present provest and others of the magistrats and toune Councill of Pearth for themselves and ther Community being being both read and both parties with ther advocats being Called And the said Master Smith and Mr Oliphant Compeiring personally with Mr Hew Dalrymple and Mr David Cuninghame ther advocats and David Murray present provest and James Crie late provest of the said burgh of Pearth Compeiring personally with Sir James Stewart his majesties advocat and Sir Patrick Home advocat ther procurators, Both parties Lawiers being fully heard and the saids Lords having heard severall acts of the toune Councill of Pearth anent this matter read in ther presence and having Considered the same with the wholl matter They heirby Adhere to the former interloquitor of privy Councill pronunced in this matter upon the […] day of […] And allowes and authorizes the work mentioned in the saids acts of Councill to goe one, and the building of a Guardhouse in a Convenient place about the midle of the toune And Ordaines David Ferhnie present thesaurer and his successors in the said office to pay all Charges and expenses necessary for building and Compleating the said work mentioned in the Severall acts of the said toune Councill above exprest and for building the said Guardhouse and that out of the second ministers vaccand stipend in the first place and the rest in maner as any publict work of the said burgh was in use formerly to be satisfied and payed for by the thesaurers of the said burgh.
