THat the Magistrats of Irwing having in the Moneth of January 1688 , borrowed from the said John Craig , the Sum of 3000 Merk● , they with their Town Council gave Bond for the same ; but the succeeding Magistrats in the year 1690 , having given in a Petition to the Parliament , Representing , That the Magistrats who granted the said Bond ▪ were imposed upon the Town by the late King James , contrair to Law ; And therefore craving that the Town might be freed of this Debt , and the Granters of the Bond and their privat Fortunes declared to be only therefore lyable : The Petition was remitted to the Committee of Fines and Forefaulters , who having appointed these former Magistrats to be cited , the succeeding Magistrats did also procure a Warrand for citing the said John Craig tho no ways concerned in the Controversie that was betwixt them , nor did they indeed insist before the Committee against John Craig , but only against the former Magistrats ; But when the said John Craig came thereafter to charge the succeeding Magistrats for the payment of his Money , they suspended upon this Reason , that John the Charger had been cited before the said Committee , and that the Matter was Lis pendens before the Parliament , upon which the Lords of Session cemurred , and left the Determination of the matter to this High Court of Parliament , where it still depends ; But the said John Craig having now assigned the foresaid Bond to the Hospitals of Glasgow : It is humbly reprepresented in behalf of the said Hospitals , that John Craig lent his Money bona fide , to the Town of Irwing , upon the Faith and Bond of the Magistrats and Council , who were in the Government of the Burgh for the time ; he neither did know , nor was obliged to notice any thing of the illegal Imposing of these Magistrats and Council upon the Burgh , nor was he concerned what way they imployed the Money , whether for the Towns use or not , it being sufficient for all persons that lend Money to Burghs , that the Magistrats who for the time represent the Burgh give Bond for the same , by warrand of their Town-Council ; And it is well known , that Magistrats were imposed by the late King James upon many others Burghs , and yet the Debts contracted , and other Deeds done by them , as representing the Burgh , were never on this account questioned ; & it were indeed a strange Paradox , if either the illegal imposing , or undue Election of Magistrats should make either their Bonds or Deeds , while in peaceable possession of the Office , null and void , but on the contrary , these Debts and Bonds do certainly oblige the Burgh , and although the Magistrats the Granters thereof should be turned out , yet the Burgh is still unquestionably bound , or otherways the Credit , and even the Government of all the Burghs of Scotland should be rendred doubtful and ruined : But seing that the Lords of Session have demurred to proceed in the said matter , and that upon a Petition given in by the said John Craig the last Session of Parliament ; Craving , that he might be remitted to the Lords of Session , to discuss the foresaid Suspension . The Parliament did by their last Deliverance upon the 4th of May 1693. ordain the Cause to be discust the 12th . day of the same Moneth , which yet by reason of other Business was never since called , and that your Grace and Lordships cannot but be convinced , that it 's a hard case , that a privat Bond or Debt of this kind should be so long delayed and put off , upon the foresaid Contest betwixt the former and succeeding Magistrats , wherein neither John Craig nor the Hospitals his Assigney are at all concerned .

May it therefore please your Grace , and the Honourable Estates of Parliament , either to call & determine the said Action , or otherwise to remit to the Lords of Session , to discuss the foresaid Suspension , not withstanding of any Citation given to the said John Craig to appear before the Parliament or Committee , and without regard to the Controversie betwixt the succeeding and former Magistrats about the Towns Relief , wherein your Petitioners are no ways concerned ; and this the Parliament are humbly intreated to do , both because of the concern of the poor Hospitals , and that the Case is plainly depending by the said last Minut lying in Process , and that the Town of Irving is represented by their Commissioner present .