The Free-men Fleshers of Edinburgh being thus founded by the Seal of Cause , and other particular Rights above-mentioned , it is humbly conceived their saids Rights cannot be summarily taken away by a Petition , but the samen are only competent to be quarrelled of reduced before the Judge Ordinary , as the privat Rights of particular Parties , or Incorporations and Societies are in use to be . Secundo , If this Method be allowed of , to quarrel the Incorporation of Fle●●ers , then all the Incorporations within the several Burghs of Scotland , may ●e brought in question that same way : And as it would be thought , both a Novelty and great In●●●a●●ment upon the Liberties and Priviledges of the Burghs Royal , to have the Rights and Priviledges of their several Incorporations brought in question , and infringed by extranious Persons ; So it is hoped , His Majesties High Commissioner and Honourable Estates of Parliament , will not open such a Door , by summarily destroying the Priviledges of the Free-men Fleshers , and thereby breaking their Incorporation . Tortio , The Act of the Town Council of Edinburgh , founded upon in the Petition , can no ways be Relevant to infer the Conclusion and Desire , in favours of the Un-free Fleshers , in respect : Prinio , It is evident , the samen has never been intended for a perpetual Rule or standing Law in the Burgh , being only an Article subjoyned to a Table of Pryces for Butcher-meat , Wild-fowl , and other Vivers , made by the Magistrats of Edinburgh for the year 1688 , and which being only made for one year , and by the constant Custom altered yearly , according to the scarcity or plenty of the said kind of Vivers : That Article could be of no more lasting or dureable Force , than the other Articles subjoyned to that Table of pryces : and as it were absurd to pretend now , that the Wine should be sold at eighteen shill. per Pynt , as it is appointed there , so it is no less absurd , to pretend that the Article about the Unfree-men Fleshers should be of perpetual Continuance . Secundo ; There being an Act of Parliament made a little before that time , appointing Flesh to be sold by Weight , the Magistrats of Edinburgh , for bringing the Fleshers to the Obedience of that Act of Parliament , did indulge the Unfree-men to sell by Weight upon all days of the week , to the effect they might constrain the Free-men Fleshers to Observe the foresaid Act of Parliament more readily : But that Act of Parliament falling in desuetude , and proving in practicable , and the Unfree Fleshers being the first that left off to sell their Flesh by weight , upon pretence of their being restricted to sell Carcasses , or at least Quarters . There was no reason they should enjoy that Article , as a perpetual Right which they had only been indulged the favour of for a particular time , for Ends and Causes they had never answered nor observed . In Consideration whereof , the Magistrats of Edinburgh , by their Act dated the 4th . of September , 1689 years , did of new again restrict the Unfree-men to the said three Mercat-days , conform to the Gifts and Priviledges conceived in favours of the Free-men , as the Act herewith produced will testifie . Quarto , It were a great prejudice , not only to the particular Incorporation of Free-men Fleshers within the Town of Edinburgh , to admit the Unfree-men to the equal Priviledges with the Free-men , but also to the whole other Incorporations and Land-Lords within the samen , in respect , if this Incorporation be broken , and no distinction be made betwixt Free men and Unfree-men , then the Free-men can never bear Scot and Lot of the Burgh , but their Proportions of Cesses , and all other publick Burdens which they did bear within Burgh , must necessarily fall upon the other Incorporations and Land-lords , to the great prejudice of the Burgh , which it is hoped , His Majesties High Commissioner , and the Estates of Parliament does no ways intend , for gratifieing only two or three obscure inconsiderable Persons , who presumptously assume the general Designation of Un-free-men ; and albeit three or four of the Petitioners have had the presumption to give in the Petition in Name of the Un-free-men in general , yet the Generality and understanding Men of that Number , considering how much it would tend to the prejudice of the Inhabitants of the Burgh , have for most pregnant Reasons disclaimed the foresaid Complaint , and taken Instruments against the turbulent Movers thereof , as an Extract of the Instruments , here present to show bears . Quinto , The Magistrats of Edinburgh can easily rectifie any Abuses , that the Free-men Fleshers may happen to Commit , and accordingly every year , with Concurrence of the Lords of Session , do set Rates upon , and Rules for the Sale of all kinds of Vivers within Burgh : But they can no ways be answerable for Un-free-men , who are not subject to their Jurisdictions . And farder , His Majesties High Commissioner , and Estates of Parliament are humbly intreated to take into their Consideration , of what Evil Consequence this pretended Advantage would be , by tollerating Un-free-men , as is demanded in their Groundless Petition , for besides what is above Represented , which makes the Freedom of Incorporation as secure as Law can make it , yet if Un-free-men were tollerat to come in six days in the Week , then they may Combine amongst themselves to keep up their Fleshes from sale one day , unless they get what Pryces they please , because they know they can expose it the immediate next day thereafter , and so have advantage over the Inhabitants . Whereas , when they are restricted to three days in the week , they are obliged to sell at a reasonable Rate , because Fleshes will not keep uncorrupted until an other Mercat Day : And besides that , it is presumed , that the Country Fleshers would rather sell at easie Rates , than to carry back their Fleshes to the Country again , and they are in no worse condition than the Free-men are , for the Free-men are restricted from coming to the Land-mercat , except upon the same days that are already allowed to Un-free-men .

And whereas it is pretended , that the giving a toleration to Un-free-men , would hinder the Free-men to exact Exorbitant Prices . It is Answered , that three days being allowed to Countrey Fleshers , the Inhabitants may easily provide themselves in one day , as much as may serve them two : And if the Free-men should offer to exact greater Rates than the Un-free-men , then they would ruine themselves , and their Fleshes would ly un-sold , and before another Mercat day , would be unfit to be presented to a Mercat . And as to the present Dearth , it is unquestionably known to the Honourable Court of Parliament that the same is occasioned by the bad Season only .

And lastly , If the Freedom of the Incorporation should be incroached upon , and Infringed , then this evil doth inevitably follow , as it hath done in former times ; that the Free-mens Servants do thereupon quite their Service , and look upon themselves to be as free as their Masters , and go to the Countrey , and in their Masters Names , do buy Bestial from Gentlemen and other Persons , and Butcher the samine themselves , without ever paying these from whom they buy them : So that it may be said with confidence , that the Countrey hath sustained thereby the loss upwards of Fourty thousand Pounds , within these few Years : And that is not the only loss , but several others of the Un-free-men do buy at the Fourth Hand , and so consequently must sell at dearer Rates than the Free-men . By all which the Incorporation is abused , and are deprived of Servants , for serving the Leidges ; which is occasioned by the countenancing and tolerating Unfree-men .

And if the Un-free-men Fleshers found upon an Act of the Privy Council , in the year 1687. & shall produce the same , no Respect ought to be had to that Act. 1. Because it is given parte in audita , and without either Complaint or Probation , at the instance of any Party , of any Abuses or Malversations done or committed by the Free-men Fleshers 2. This Act was solisted for , and Impetrat by Josias Johnstoun , upon particular Grudge against the Free-men Fleshers , and he obtained it as a Gratification to him for his conversion to the Romish Religion . 3. This Act was a Deed of the Absolute Power , in the late Arbitrary Times , infringing the Priviledges of the City of Edinburgh , and met with the less Opposition that the Magistrats themselves were created by the same Power , which had swallowed up the hail Rights and Priviledges of the Magistrats of Royal Burghs , so that it was no marvel that they incroached upon one single Incorporation : and seing , by the late Revolution , and His Majesties gracious Favour , the Rights and Liberties of the Subject , and particularly of the Burghs Royal have been restored and recovered : It is hoped and expected from the Justice of the High Court of Parliament , that the Incorporation of the Free-men Fleshers shall be preserved in their Rights and Priviledges and Freed from any Invasions made upon them , in the late Arbitrary time , and not have their privat Right taken from them without any special Cause libelled : but only on the Clamour and Importunity of three or four Invidious and malicious Neighbours : And it is evident by the very Act it self , that all that was designed for them , was the Land-Mercat , that being the separat place for the Landward Fleshers , and it is notourly knowen that there never was , more than three Flesh mercat days in that place .

In Respect whereof , it is hoped , His Majesties High Commissioner , and Honourable Estates of Parliament , will not cut off the Rights and Priviledges of so ancient an Incorporation , who is the Tenth Deaconry of the Burgh of Edinburgh , conform to the Sett and Decreet Arbitral , pronounced by King James the Sixth : But on the contrary , will be pleased to reject the desire of the foresaid groundless Petition ; and of new again , to Ratifie and Confirm the Rights and Freedom of the Incorporation , as formerly was done , both in this Current Parliament , and others preceeding .