MY Lords of Council and Session, unto your Lordships humbly means and shews, we your Lordships Servants Alexander Thomson, present Deacon-Conveener, and Thomas Dunlop present Deacon of the Chirurgions, &c. for our selves, and in name and behalf of the haill remanent Deacons and In­corporations of Edinburgh; and als in name and behalf of the Merchants, Neighbourhood, and other Leidges residing in, or resorting to the good Town: That where we have Bills of Advocation and Suspension depending before your Lordships, against the four pennies of the Pint additional on Ale, in fa­vours of the Brewers, and upon a Bill in presence obtained a deliverance, re­commending to the Lord Ordinary to pass both Bills, in case we should in­struct that there were Processes depending against us, and Decreets pronoun­ced in the foresaid matter; and for proving whereof, we have produced a Declaration Signed by the Clerk of the Commissioners of Cess and Excise, wherein he declares that there are both Decreets pronounced, and Processes depending, in relation to the foresaid Imposition, against the Neighbour­hood.

Notwithstanding whereof, the Brewers have retarded the Passing or Ex­peding of our Advocation and Suspension, upon pretence the same cannot be swa done, in the Terms presented, but only at the instance of such persons, a­gainst whom these Decreets has been pronounced, or Processes intented.

The matter without either Arrogancy, Impert [...]nency, or ill Symptoms, has been so fully reasoned in our several Bills, and the Brewers Answers by way of Banter thereto, that it is needless to trouble your Lordships with repetitions: The thing is founded upon clear Principles of Law, and the Neighbourhood is oppressed. It is a Charge of near 400 Merks daily and will continue so till the nixt Session of Parliament, unless your Lord­ships vindicat the Faith of our publick Laws, by allowing us the Benefit of the same, and which no Petition or publick Deliverance thereafter could Rescind parte inaudita; If publick Laws most be two times Read, and thereafter Reason­ed, Voted and Touched before Passing, then nothing can take away [Page 2] these Laws, but two Readings Voting and Touching; If the Brewers Pe­tition and Deliverance be a publick Act, then it is neither twice Read nor Touched; if a privat Act, then it falls under the Act salvo Jure, and the Neighbour hood must be heard contra executionem, since there was never any Act did more directly toutch Property than this; Nor are the Neighbour-hood endeavouring to Invert the Form of Proces; The regular way of applying is by Bills of Advocation and Suspension, and they have so done. That there is a Charge, is too evident, since every particular Family and privat Person sensibly feels the same. They do not crave their Declarator may take effect summarly; it will be heard in due time, and it's hoped will Regulat the Price of Ale after the first of March, contrair to the Brewers design: Impo­sitions for Bridges and High-ways are necessar, because the Leidges are there­by Accommodat, and it were against sense to Quarrel the same whether there were Law or not therefore, but that the Ale should be both Dearer and worse than formerly, is Unaccountable. That the Act of Parliament founded on, was not under the Parliaments Consideration is obvious, because their Peti­tion relates to no Act of Parliament; and the Brewers Nota subjoyned thereto, relates to the Act of Parliament 1695, and not to that Act which we found upon in Anno 1696, hough neither were particularly under Consideration. The Neighbourhood does not in the least question the Power and Authority of the Parliament, but that they might have done the thing effectually: but be­cause it is not so done, nor was it ever heard, that a publick statutory Law was Rescinded by a privat Deliverance, where there is not so much as a non obstante adjected. The Lords of his Majesties Privy Council and Lords of Session, do indeed regulat Prices from time to time: but it can scarce be In­stanced, that ever they did raise the Prices by any Ordinance of theirs, though they have frequently Regulat and Reduced the same; and the price of Bear is indeed a good Argument for small, but not for dear Ale; for Servants and the meaner kind of persons, must be furnished.

The Brewers make a great noise, as if the Parliaments Power and Autho­rity were called in question. But under favour, the Neighbourhood do pay all due Respect to every Vote and Deliverance of Parliament; and are ready and willing, to hazard Life and Fortune for the support of his Majesty and Government, on all Occasions. But humbly conceive that the Brewers Pe­tition concerns neither, but only some particular persons who design to raise their own privat Interest, under the Notion of an Act of Parliament, and by Alarming the Neighbourhood with the Authority of the Parliament, to dare them from their just Clame▪ and whereupon the Neighbourhood, &c. do cry to your Lordships for Shelter and Protection.

May it therefore please your Lordships, to Ordain our Bills of Advo­cation and Suspension to be past and expede, without either Caution or Consignation, as the samen is already presented: and to recom­mend the same to the Lord Ordinary, to be so done with all dis­patch that your Petitioners may be no longer delayed or janked in this Matter: sinee the lest delay carries along a great and considera­ble Charge dayly upon the Neighbourhood. And your Petitioners shall ever pray.