Replys for the present magistrates of the burgh of Irving, to the answers made to their complaint, given in to the Lord High-Commissioner his grace, and the Estates of Parliament, against the late magistrates of the said burgh. Irvine (Scotland). Town Council. 1690 Approx. 10 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2). B04975 Wing R1047C ESTC R182637 52614883 ocm 52614883 176035

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Early English books online. (EEBO-TCP ; phase 2, no. B04975) Transcribed from: (Early English Books Online ; image set 176035) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2760:27) Replys for the present magistrates of the burgh of Irving, to the answers made to their complaint, given in to the Lord High-Commissioner his grace, and the Estates of Parliament, against the late magistrates of the said burgh. Irvine (Scotland). Town Council. 3 p. s.n., [Edinburgh : 1690] Caption title. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: National Library of Scotland.

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eng Irvine (Scotland). -- Town Council -- Trials, litigation, etc. -- Early works to 1800. Debtor and creditor -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2009-01 Assigned for keying and markup 2009-02 Keyed and coded from ProQuest page images 2009-04 Sampled and proofread 2009-04 Text and markup reviewed and edited 2009-09 Batch review (QC) and XML conversion
REPLYS for the preſent Magiſtrates of the Burgh of Irving, to the Anſwers made to their Complaint, given into the Lord High-Commiſſioner his Grace, and the Estates of Parliament, againſt the late Magistrates of the ſaid Burgh.

THE Subſtance of the Complaint given in by the preſent Magiſtrats of the Town of Irving, againſt the late Magiſtrats; being ſufficiently repeated in the Anſwers Printed by theſe late Magiſtrats, their own Defence. Its evident, that the complaint of the preſent Magiſtrats proceeds upon four moſt juſt grounds, viz. 1ſt. That Gift procured by theſe late Magiſtrats, of two Merks per Boll of Malt Browen and Vented within the Burgh, was, and is now found by the Claim of Right, to have been an illegal Impoſition.

2. That it was procured by theſe late Magiſtats, who were in Effect no lawful Magiſtrates, but were impoſed upon the Burgh, by Letters from King James, impetrat to themſelves, contrary to the Liberties thereof.

3. That the Gift was taken up from the Perſons who were Agents for it, after the Burgh had by two ſeveral Acts, viz. One of the 23, and Another of the 27 of October 1688, a few days before the Prince of Orange's Landing, recalled the Money which was appointed to be payed for the ſaid Gift, and had ordained it to be applyed for better Uſes; So that the Gift was not brought Weſt to the Burgh, nor approven by its Counſel, before the thirteenth of November, after the Prince was certainly Arrived.

And 4. That ſeeing the Gift it ſelf was Illegal, the Procurers thereof, no Lawful Magiſtrats, but Men impoſed by Arbitrary Letters, and the Money, the Price thereof, clearly recalled. The Burgh ought to be exonered of the Debt of 5000 Merks by them contracted, and the Debt declared to be their perſonal Debt, and not the Debt of the Burgh.

Which grounds being in themſelves clear and concludent, all that's Anſwered by the late Magiſtrats in their Printed Anſwers, is of little moment; and becauſe it would prove tedious to reſume all the idle Stories contained in their Print, the Heads thereof ſhall here be Noticed and Anſwered in their order. And firſt, they ſay, That they were not impoſed upon the Town for Magiſtrats, by the late Arbitrary Power, becauſe they had no acceſſion to their own Nomination, and durſt not refuſe when Nominat, leſt they had been reached by ſome of theſe Stretches that were ordinarly then made uſe of againſt thoſe of that Countrey. To which it is Anſwered, That the deſign and manner of theſe Court-Nominations, are but too well known, and too plainly marked by the Declaration of the Eſtates, for men to offer ſuch an Excuſe, there being nothing more certain, than that in all Scotland, the men pitched upon, were ſuch as did both officiouſly impetrat theſe Letters for themſelves, and were alſo choſen by the Court, as the men moſt proper for their Deſigns: So that for theſe late Magiſtrats, who did impetrat the Letters in their own favours, as appears by their Precepts of Twenty Seven Pounds Sterling, drawn for to pay for them, and are alſo deſigned in them to be men moſt loyal and ready to promote the King's Service. To alledge, either that they had no acceſſion to their own Nomination, or that they were in hazard if they refuſed of the Stretches then ordinarly made uſe of againſt that Countrey, are equally Calumnious. But,

2ly. As to the Gift it ſelf, they ſay, they did, as other Towns had done, and were amongſt the laſt that procured ſuch Gifts, and that they procured this Gift for the good of the Town, and with the conſent of Neighbours, and even of ſome of thoſe that are now in the Magiſtracy. To which it is Anſwered, That whatever example theſe late Magiſtrats may pretend, it was undoubtedly in re illicita, where examples are of no force. And as to the alledged Conſent of Neighbours, it is ſo great a Falſhood, that it's offered to be proven, that the Neighbours did both Diſſent and Oppoſe, and actually Collected Money, and ſent one to Edinburgh for that effect; but theſe pretended Magiſtrats were ſo earneſt for this Impoſition, that when they heard that the Neighbours had met, and had named one William Thomſon to collect the Money, to bear the charge of their oppoſing the Gift, Robert Wallace one of the then Baillies committed him to Priſon; nor is there any more truth in what they affirm of ſome of the preſent Magiſtrats, as Approvres of their courſe.

3. They ſay, that it appears by the Date of the Gift, that it was procured long before His Majeſty came to Britain: But its Anſwered, That whatever may be the date of the Gift, yet it is evident, from the Town Councils Acts, that upon the 27th of October 1688, they heard nothing of its being procured, but recalled their Money that ſhould have been given for the Price of it; Which Order, they were in peſſima fidae after that day to alter, eſpecially ſince His Majeſties Declaration was then Printed and Publiſhed, wherein he complains, both of the undue impoſing of Magiſtrats upon Burghs, and of the giving of Gifts of Money without Act of Parliament: But the moſt probable Account of the matter ſeems to be, that the Gift was indeed procured at Court before, but the Price not fully agreed, and that ſo it ſtood, till His Majeſty was arrived in England: And then the Gift being nothing worth, a ſimulat Purchaſe was the more eaſily made, and the Burgh cheated of its Money, which by an Act only three Weeks before they had recalled, and applyed to better Uſes.

4. They ſay, that theſe late Magiſtrats, were truly Magiſtrates according to the faſhion of the time, and what they did, they did for the good of the Burgh, and that they changed their Orders the 23, and 27 of October, for recalling of the Money; Becauſe, when theſe that were ſent, came to Edinburgh, they found the Gift was lying there waiting for them, and ſo they were obliged to take it, and pay for it, according to the former Agreement.

To which its Anſwered, 1. What Magiſtrates the late Magiſtrates were, hath been already ſhown. 2. To bring an Impoſition upon the Inhabibitants of the Burgh againſt their mind, and to their manifeſt Oppreſſion, can never be judged for the good of the Burgh. But 3. What plainer Diſcovery can be made, of the indirect dealing that hath been in this matter, than what is here acknowledged, viz. That the Town knew not of the procuring of the Gift upon the 27 of October, when His Majeſties Declaration was abroad, and the News of his Arrival every hour expected, and that yet thereafter, the Men ſent to bring back the Towns Money, ſhould have been ſo ſimple, as to give away the Money againſt the Towns Orders, for a Gift that no man at that time did value worth a Groat.

But the truth is, That theſe Magiſtrats having come in by the late King James's Letter, without the Good-Will or Conſent of the Burgh, did from the beginning, deſign only their own Advantage; and therefore againſt the mind of the Neighbours reſolved to borrow Money, and no leſs than 5000 Merks, to purchaſe an Impoſition, whereof they hoped to get the Management; and this Deſign they purſued, until the appearance of the Prince of Orange quite ſpoiled their Hope, and then indeed they recalled their Money from Edinburgh, but yet with an unreaſonable allowance of 500 Merks to Robert Wallace one of their Baillies, for the bare pretence of the Expences he had been at; and further, not herewith Content, afterwards when they they found the Gift was come that they had loſt hope of, and when they knew it to be of no value, they have the confidence to pretend, that they gave the Money for it, without regard to their own Act of Council, which then ſtood, and ſtill ſtands unrepelled.

By all which it is evident, that the Burgh ought to be declared free of the ſaids Bonds given for the Money to be payed for the ſaid Gift, and that the Magiſtrats who pretends to have given the ſame, qua tales & ratione officii, ſhould be declared to be perſonally lyable therefore, ſeing it were an imbazleing without parallel, that men who were indeed no Magiſtrats ſhould be allowed to bring Burden upon a Burgh for a meer Sham-Gift, which they had never any ground to ſeek, and were moſt free to have refuſed, as wholly uſeleſs and unprofitable to the Burgh, and the Creditors who contracted with them, were neither ignorant that they were but impoſed Magiſtrats, nor could they but know the end and uſe for which the Money was borrowed.

And to make it further Evident, how little Reaſon there is, that the Town be liable for this Debt of 5000 Merks, needleſsly contracted, and fooliſhly imbazled by theſe impoſed Magiſtrates. Its offered to be proven, That it was the ancient Cuſtome of the ſaid Burgh of Irving, that no Debt could be Lawfully Contracted by their Magiſtrates, to burden the Burgh, unleſs the Neighbourhood had been called, and the conſent of the Communitie obtained to it, which Cuſtome was ſo conſtant, that the ſame was alſo obſerved in the diſcharging of their Theſauries Accounts. And as to this very particular, it may be inſtanced in the Town of Dumfreis, how the Provoſt thereof for the time, (tho a Papiſt,) when he had the like Gift for his Burgh in his offer, yet he firſt called the Community, and becauſe they Diſſented, would meddle no further with it. By all which its manifeſt, that the foreſaids Magiſtrats ought to be perſonally liable to theſe Creditors from whom they borrowed the Money, and that the Burgh and Community thereof, ought to be exonoured of the ſame for ever.