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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B05888 To my Lord Commissioner, his Grace, and the honourable estates of Parliament presently convened. The humble petition of Mr. James Smith. Smith, James, 1645-1731. 1690 (1690) Wing S4090; ESTC R184304 2,004 1

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TO My Lord Commissioner HIS GRACE AND THE HONOURABLE ESTATES OF PARLIAMENT PRESENTLY CONVEENED The Humble PETITION of Mr. JAMES SMITH SHEWETH THat there being a Mortification made by Umquhile Thomas Mudie for the building of a Church in the Grass-Market which Money does now extend to the Summ of Fiftie or Sixtie Thousand Merks Scots or thereby And there being a Representation made to the Estates of Parliament that it was neither Neceslar nor Convenient to build a Church in that place they by their Act of date the day of _____ 1685 years did remit to the Lords of His Majesties Secret Council to Appoint the said Money to be Disposed off as they should find Cause And the saids Lords ot secret Council Considering that the Abay-Church which was locally within the precinct of Holy Rood-house was designed by His late Majesty to be his own Chappel and no longer to continue a Parish Church They appointed as much of the said Mortified Money as should be necessary to be applyed for the Building of a Church for the Inhabitants of the Canongate in the most convenient place that could be had for that purpose And did recommend to the then Lord Commissioners of the Thesaurie to see the same done accordingly Whereupon the saids Lords did enter in an Agreement with your Petitioner to build a Church in the Canongate conform to a certain Model or Draught which is depositate in the hands of Sir Thomas Moncrief of that llk Clerk to their Majesties Thesaurie for the building of which Church conform to the said Model Your Petitioner was to get the Summ of 25000 Merks Scots besides what was given for purchassing the ground for the said Church and Church-yard And according to the said Agreement Your Petitioner did set about the Work with all the Care and Dilligence possible so as the same does appear to be come a great length Yet considering the Roof and Kirk-yeard dykes and other things unfinished There will be a fourth part of the Work yet to do Albeit I be able to instruct that the whole price is already expended upon Materials and Workmen besides my own pains And that it was not possible for any Man to do it cheaper than Your Petitioned 〈…〉 〈◊〉 sufficiency of the Work And being confident that this great Court in whom does principally Recide the Nobile Officium of iceing Justice done to all Men and who has power to Relax from the Rules of Common Law when Equity requires the same will not suffer any Man to be ruined by the undertaking so pious a Work Seing the Mortification is sufficient to Defray the whole Charge And a considerable part yet remains to be Employed upon some other pious Use And Your Petitioner is able to make his Loss most evidently Appear upon the grounds following viz. 1mo By Reason of the badness of the ground which Your Petitioner could not foresee I was necessitate to Found 12 Foot deeper as the Model whereby the Agreement was made which at the cheapest that any Work can be wrought in Edinburgh will amount to the sum of 1800. Ponnds Scots 2 do The Timber since the Agreement has risen in the price a full Third and more occasioned by the Warr which was not under Consideration the time of the Agreement whereby your Petitioner is a clear Losser in upwards of 1200 pounds Scots Money 3 tio By the Contract it will appear That in the Agreement made with Your Petitionr there is no mention made of Scaffolding it being altogether foregot which is so Considerable the Fabrik being a Church which has no Joysting that the Timber of the Scaffolding alone with Nails and Workman-ship does stand me the Sum of 1200 pounds Scots more as any Skilful Men will value the Timber to be worth when the Work is ended And it were hand to make a Trades-man loss so much by an Oversight in a Bargain 4 to By the Agreement the two Rowes of Pillars were only to be Roughstones and Plaistered over But in respect that the making them so would have occasioned the Pillars to have been so Great that they would have rendered a great part of the Church useless upon Consideration whereof Your Petitioner was perswaded to make all the Pillars of Neat hewen Work As likeways to make a Handsome hewen Entry form the Street to the Church yeard which by the Contract I was not oblidged to do both which mat extend to the Summ of 1000 Pounds Scots Money So that I am able to Demonstrate to any who shall be Appointed to enquire in the Matter that I will be upwards of 5 or 6000 Pounds Scots Money Losser upon the whole Bargain which is sufficient to Break a Man of a greater Stoke as ever I had And I must yet use an Argument to induce this HONOURABLE COURT to do me Justice which is That albeit I have been several Years in good Imployment and Engadged in many Bargains this is the first time that ever I Claimed any more than my first Agreement not would I have Begun now if my Loss had not been so great that I am not able to sustaine it And that several of the Articles are such as might be Recovered by the ordinary Course of Law as being things profitably done over and above Agreement MAY IT THEREFORE PLEASE YOUR GRACE and the Remnant Members of this Honourable Court of Parliament to Order Your Petitioner's Loss to be payed out of the Remnant of the foresaid Mortified Money or to Appoint any of Your Number to Examine the Verity of the Grounds above Represented and to Report that Your GRACE and the Honourable Members of Parliament may do therein as Your find Just And Your Petitioner shall ever Pray c. EDINBURGH Printed the Year 1690.