Ʋnto the Right Honourable The Lords of Councill and Session The REPORT, REPRESENTATION, and PETITION, of the Committee of ADVOCATS, appointed by your Lordships to meet with the Stent-Masters of Edinburgh:
THAT in pursuance of the priviledges found by Decreet of your Lordships in February 1687 to belong to the Members of the Colledge of Justice and in obedience to your Lordships appointment whereby we were authorized and appointed by your Lordships to go through with the Stent-Masters of Edinburgh and to do all things necessar in order to the seeing of the Towns proportion of the publick burdens, Justly and equally said on &c. We did meet with the Moderator of the Stent and remanent Stent-Masters and [...]id concert with them, that the going thorow in order to the Survey, should Commence the 2d of January last; And that we might make survey Books of our own, In such manner as we should think fit, in regaird they would not allow us the use of their Survey Books of the former year for our Information. And because as they pretended, it would be eight or ten days work they desired we might be punctuall in observing the diets, which we agreed to Because they pretended they were oblidged to inclose in order to the proportioning of the Stent upon the to day of January thereafter, which we also were satisfied with, that so the business might have [...]een compleated before the commencement of the Session.
Conform to this Concert, we did begin the Survey upon the 2d of January, and continued so to do for some diets very punctually. But at length the Stent Masters perceiving that we did more seriously apply in this than in any former years for attaining to the full knowledge [...] that affair, by making scrolls of the survey in the terms as we had concerted with the Stent Masters of before. They became most uneasy and shifted the going thorow, albeit we were always [...]eady. For a specious pretext to those delayes, some pretended one excuse and some an other [...]us perceiveing that their design could be no other but to wearie us out of it or to run us upon the Session, when we could not so conveniently attend. We did commission at some of our Number to signify to the Moderator of the Towns Stent-Masters, That we were observing unpresiden [...]d and extraordinary delays in their making up the survey, with which we would acquaint our Lordships unless they would rectifie that abuse for the future, and haveing received no sa [...]factory answer, we did require them under form of Instrument to go thorow de die in diem [...]d Protested in the terms of our Instruments herewith produced. Notwithstanding whereof al [...]eit some of them did thereafter go for some diets, yet they did it with such reluct [...]ancie, that [...]ll of them never went at once, and keeped us still in suspence, with such sham and Dilatory an [...]wers as this, that they knew not [...]hether they could go or not. Whereupon we resolved amongst our selues, not only [...]o be ready to attend them daily untill the Session should sit down [...]at we might have redress. But also that we might now and then require those Stent-masters [...] our particular districts, to go about the survey, with us at the ordinary diets, and which all [...] us did observe, as appears by several Instruments likewise herewith produced, but all to no [...]urpose, none of us having had opportunity to go thorow out whole bounds, and some not one half and others not a third thereof; thorow the Stent-Masters their not concurring to attend the [...]ets. By all which it is very presumeable that there is some Latent Mystery in that affair, To [...]e knowledge whereof they do not incline the Colledge of Justice should attain, Especialy seing [...]s is certain that before the Revolution, when Eight months Cess was imposed, the proportions of the Heritors was only about Eight per Cent of the valued rent, and now in these latter years it has been for the most part 15 or 16 or 17 per cent and some times more, for the like Number of Months. And seeing there is no apparent Method of discovering what occasions this difference, unless we be present at the whole survey, & so have before us the Totall rent of the Town, and Likeways be present at proportioning the Stent, both upon Land and Trade, [...]d that now they absolutely refuse to go thorow, unless we would engage to make no scrolls [...] write, of the Survey, and which if veilded to, might render the design altogether Elusory: and [...]t to Evidence the desire we had of contributing our endeavours, to procure a lasting Friend [...]ip betwixt the Colledge of Justice and the good Town, we did so farr comply with the de [...]re of some of the Magistrates and Moderator of the Stent that after several meetings and communings wherein they represented (tho without ground) that our making up of Scrolls [...] the valuation might give umbrage to the neighbourhead we agreed to superceed the perfecting [...] these Scrolls upon their going into such proposalls as might tend to give us the [...]erfect knowledge and information of the way and manner of imposing and [...]ollecting their Stent, upon Land and Trade, which we gave in unto them [...] the terms hereto subjoyned and to which proposalls tho' they pretended to [Page 2]acquiesce▪ yet when we came to require some proper Security for the performance, viz. Th [...] the Moderator of the Stent and the Praeses of our Committee, for their respective Brethren [...] the Proposals, in token of their being agreed to by both parties, the same was positively refused to us: from which 'tis very plain, that the design from the beginning has been, and sti [...] continues, to deprive us of all proper means, whereby to come to the knowledge of any suc [...] particulars, as your Lordships Decreet & Act of Sederunt, and priviledges of the Colledge of Justice thereby confirmed, intitles us to: And seing our demanding some security on the part of th [...] good Town & these Stent-masters for performance of so modest & equal Proposals as we tend [...] to them, was both equal, and absolutely necessary; since otherwise, without some Document of their Consent in writing, they would no doubt have resiled in the same manner from the [...] as they did from the first Concert solemnly agreed to betwixt the Stent masters and us at a g [...] ral Meeting, whereby at their own desire, and by their consent we were to make up Valuati [...] Books of our own, in regard they refused us the benefit of their old Scrol-books for sa [...] that labour: And ye [...] after we had all undergone a great Fatigue, in going through and carry [...] on our Books a considerable length, they all broke off the Concert, and refused to go through any more with us, unless we would lay aside making up of Books any further. Therefore [...] is humbly craved, that your Lordships may apply some effectual Remedy for preventing th [...] Abuse committed against the Members of the Colledge of Justice, and particularly (att [...] any other proper Expedient that can be fallen upon) to ordain the Town Council of Edinburg [...] and the present Stent Masters to produce the former years Books, both of the Surveys [...] subscribed Stent Books of Land and Trade (the inspection of which subscribed Books by [...] Act of Parl, is allowed to every Neighbour to demand) and that in order to the making up [...] this years Survey, they may be ordained to go throw at such Diets, as we who are appointed [...] your Lordships to at end the same, may conveniently be present, for perfecting the Scrolls whe [...] in we are already advanced as far as we have surveyed; that so your Lordships Authority m [...] be salved; and our Priviledges vindicated in the terms, and conform to your Lordships Act of [...]derunt and Decreet above mentioned.
Here follows the Articles agreed to, betwixt the Moderator [...] Stent-Masters of Edinburgh, with concourse of Baillie Nai [...] and Dean of Gild Neilson, on behalf of the Magistracie [...] Council of Edinburgh, and the Committee of Advocats a [...] pointed by the Faculty, and authorized by the Lords of S [...] sion.
1mo, THAT the eight Advocats appointed by the Faculty of Advocats, & authorized by [...] Lords of Session, shall not only go along with the Stent Masters, at their taking [...] the several Surveys, but also make their respective privat Remarks apart, and at [...] close of each Diet, that the haill Books, wherein the Valuations are contained and set down [...] the Stent-Masters, be marked by the Advocats present: for preventing the Substitution of ot [...] in their place.
2do, That the saids haill Scroll Books shall be seen when finished, and perused by the [...] vocats themselves at their own Meetings, and remain with them for a competent space, not [...] than 48 hours before inclosing.
3tio, That they shall see the Books containing the Total of the Stent, both upon Land [...] Trade, made up from the respective Scroll Books, as likeways the Collectors Book made [...] from the whole, which is the Rule of the upli [...]ing; that they may peruse them amongst th [...] selves for a competent space, not less than 48 hours, and compare the one with the other, [...] ter the saids Books are made up by the Stent-Masters, and that both before and after sig [...] thereof, and that the Moderator may be present with the Advocats, at the perusing the s [...] Books.
4to, That the Diets for compleating the Survey, and for proportioning the Stent, a [...] inclosing, shall be concerted and a [...]ju [...]ed, to the respective Advocats of the Committee [...] Conven [...]entle.
5to, That Mr. Walter Stuart continue to make up his Scroll Book for the third Bo [...] in conjunction with the Stent Masters of the said Bounds, till they come within four P [...] of the old Scroll-Book, that so he may bring his Book equally up with others of the Co [...] mittee of Advocats, which he hath [...] as yet gotten done, throw those Stent-Masters, appointed for his bounds, being the [...] who broke off the Survey.