DUPLIES For the Laird of Sevaltoun, and others the late Magistrates of the Burgh of Irwine, to the REPLIES given in by the present Magistrates against them.  
THe Laird of Sevaltoun, and the other late Magistrates of Irwine, who were nominat by a Letter in anno 1687. (conform to the then custom of the Time) to be Magistrates of the said Burgh, to prevent the utter ruin of the same, being over-burdened with great Debts, and so impoverished that they were not able to pay the Cess, nor repair the Harbour, Bridge, Kirk, and several others belonging to them, which were almost ruinous. The said's late Magistrates did by advice of lawyers, and the consent of the Town Council and Neighbours, procure a Gift of a Plack upon the Pint of all Ale and Beer, etc. in favours of the Burgh for Nineten years, for the ends and uses foresaids, and for preventing of the total decay of the said Burgh. And in order thereunto, upon the Credit of the Burgh, did borrow Five Thousand Marks for defraying the Dues and Expenses in procuring of the said Gift.  
The present Magistrates did give in a Complaint to the Lord High Commissioner his Grace and Estates of Parliament, against the Laird of Sevaltoun and the other late Magistrates, craving that they as Granters of Bonds, and their private Fortunes may be liable for the said Five Thousand Marks, and that the present Magistrates and Town may be free thereof, for the reasons following, 

1. Because the late Magistrates were imposed upon the Town by an Arbitrary Power, and that the Gift was illegal, against the privilege of the Subject, and Claim of Right.  
2. That the Gift was procured after the report of his present Majesties coming to Britain, and the emitting his Declaration against imposing of Magistrates, and granting such Impositions.  
3. That the late Magistrates Granters of the Bonds were not representers of the Burgh, not being elected by them, and so can only oblige themselves and not the Burgh.  
4. That the Magistrates Granters of the Bonds, after the Money was borrowed, did by a posterior Act of Council ordain the Money to be brought back from Edinburgh where it was lying, to be applied for the uses mentioned in the said Act, so that they were thereafter in mala fide to apply the Money for any other use, much more for paying of the said Gift.    
To which it was Answered for the late Magistrates, to the first, That albeit Sevaltoun and the other late Magistrates do not vindicat the imposing of Magistrates in late times, nor the granting of Impositions contrair to the Claim of Right, and Privilege of the Subjects; yet it is uncontroverted that it was the common course of the time, taken by the Government thorough the whole Kingdom, and that the considerable burgh's of Scotland obtained the like Gifts, so that thereby it is clear that that can be no ground to make the late Magistrates, and their own private Fortune's liable for the Debts contracted by them, in procuring of the said Gift, which was done with consent of the most part of the wwole Neighbourhood, and particularly of their same present Magistrates, which they cannot refuse; who not only before the Revolution, but even since the Revolution, have declared themselves for the said Gift, and if need were, time and place, and persons could be condescended upon to witness the same, and their present Magistrates, and others of the Neighbourhood, who now complain against the late Magistrates, were then so far from it, that they did acknowledge the late Magistrates, who were so far from being uneasy to the people, that they very hearty concurred in the calling of their present Minister from Holland, and in building of their Meetinghouse, and did willingly contribute out of their own private Pockets not only for building of the said Meetinghouse, but also for the Minister's maintenance, during the wants of his legal Stipends, and did readily condescend to all their just and reasonable desires, for which they did not expect, and far less deserve to be troubled with so unkind and dangerous a Process, wherein if their present Magistrates were to prevail, it would not only ruin the Laird of Sevaltoun the then Provost his Family, but fifteen or sixteen others therein concerned, who never saw, nor had a six pence of profit by that five thousand marks; and for any reflections the present Magistrates are pleased to put upon the late Magistrates, as being imposed by the late Government upon the Burgh, or otherways. It is Answered, that they themselves were very desirous to share in the Government of the Burgh at that time, and to make the 'samine evident, John Hamilton the late and present Clerk, studied to influence the late Magistrates to that end; and it is presumed he had warrant from them for that effect, and for these and other good deeds, they have continued him in his Office. And it were of a dangerous preparative to declare all the Acts and deeds done by Magistrates, imposed upon burgh's in the late Government, void and null upon that ground, nor hath it ever hitherto yet been pretended by any Burgh in Scotland.  
To the 2d. it was Answered, that the same is neither relevant, nor true; for the Gift is opponed, which was long before his Majesty's landing in Britain, or emitting any Declaration: as also conform to the Acts of the Town-Council, the procuring of the said Gift, was settled and agreed upon, several Months before the Gift was procured, and long before it came to the late Magistrates hands.  
To the 3d. it was Answered, that the first Answer is opponed, whereby it is clear, that they were nominat according to the course of the Government for the time; and so they being according to the Custom and Dialect of these times, legally established, they had the sole power of Administration as Magistrates, and consequently to procure the said Gift, as other burgh's had done, and which was looked on at the time, not only by themselves, but also by these same present Magistrates, and other Neighbours of the Town, as tending highly to the Interest, Benefit and Advantage of the said Burgh, for the ends and uses foresaids, and for preventing the ruin thereof.  
To the 4th it was Answered, that the reason for making that Act, for bringing back that Money from Edinburgh, was, that the procuring of the Gift was delayed so long, that they were altogether hopeless thereof; but immediately thereafter, the Gift did come to their hands, and past the Great Seal, and the Money so far as was not advanced at the beginning of the Bargain, was paid and approven of, by an Posterior out of the Town-Council.  
Whereunto it was replied by the present Magistrates, that the alleged consent of Neighbours, to the procuring of the Gift, is so great a falsehood, that it is offered to be proven, that the Neighbours, did both dissent and oppose, the procuring of the said Gift.  
2. That the Gift was paid: for after his Majesty's Declaration was abroad, and the news of his Arrival every hour expected, and when no man at that time, could value the Gift worth a Groat.  
3. That it is the constant Custom of the Burgh, that no Debt could lawfully be conteasted by their Magistrates, without consent of the whole Neighbourhood, and Community.  
4. That the Provost of the Town of Drumfreis, for the time (though a Papist) when he had the like Gift in his offer, yet he first called the Community, and because they dissented, he would meddle no further in it. The foresaid Complaint, being remitted to Commission of Parliament, for reducing of Fyns and Forfeiters, and it being invidiously suggested to them, that the money was Imbazelled & not given out in procuring the said Gift, they ordained Robert Wallace, one of the late Bailies, to give in a Declaration, to whom they paid the money, which accordingly he did: and therefore they before Answer, did ordain Mr. Thomas Wallace, of Eldersly, and George Drummond, who received the greatest part of the money, for procuring of the foresaid Gift, to compear before them, and declare what Sums they received thereanent, and granted Diligence for that Effect, and accordingly they were Cited, and did not compear; so that the Commission gave their Opinion, that the late Magistrates ought to be liable, reserving to them Repetition, from those that received the Money.  
The present Magistrates being charged with Horning for payment of the said Five thousand Marks, at the Instance of John Craig, and John Bryce, from whom the same was borrowed, they did suspend upon this Reason, that it was Lis pendens before the Parliament; and therefore the Lords of Session could not meddle with it, before the matter were determined by the Parliament; which Dilator the Lords of Session sustained, and now the said's Creditors, have given in a Petition to the Parliament, representing that they bona fide having lent their Money, upon the Faith of the Magistrates and Council, who were then in possession of the Government of the Burgh, they neither did nor were obliged to know any thing of the Illegal imposing of these Magistrates and Council upon the Town, nor did they know what way the Money was employed, but did only lend their Money upon the Credit of the Town of Irwine, by their receiving Bonds for the 'samine, after the constant and usual manner of the Burgh; nor is it pretended by any other Burgh in the Kingdom, who had Magistrates Imposed upon them in the like manner, nor did ever contravert any Deeds done by these Magistrates: And if it were otherways, that a Creditor who lends his Money to a Burgh should be concerned whether the Elections of the Magistrates be legal or not, and should run the hazard of losing his Money, if it were found, that they were not elected legally, then there would be few burgh's in Scotland, who would have Credit to borrow Money; And consequently the credit of all the burgh's in Scotland would be thereby ruined. And therefore, craving that his Grace, Their Majesty's high Commissioner, and the Estates of Parliament, would be pleased to take the Premises to their Consideration, and to remit to the Lords of Session, to discuss the foresaid Suspension, and notwithstanding of any Action depending before the Parliament.  
To which Petition, their present Magistrates have given in their Answers following. 

1. That imposing of Magistrates upon burgh's by the late King, were inconsistent with Law, and consequently no Deeds done by them can be obligatory upon, the Burgh, especially in this Case, where the Money was applied for the foresaid gift which is a Crime, and to which the foresaid Creditors, give their Assistance by furnishing the Money after they were desired not to Lend the same.  
2. That the foresaid gift was obtained contrair to the advice of many of the Eminent Burgesses of the Place, who opposed the samen.    
As to all which, and in Answer by way of Duply, to all that is above represented, it is humbly Desired and Entreated, by the Laird of Sevaltoun, and the other late Magistrates, that his Grace, Their Majesty's High Commissioner, and Estates of Parliament, would take unto their serious consideration, these Points and Grounds following, 

1. That the late Magistrates, were clad with the Authority of the Burgh for the time, and consequently, had power to do such Acts and Deeds in favours of the Burgh, which at that time, would so much have tended to the Profit and Advantage of the Burgh, and it is known, to several of the Members of Parliament, that the said Burgh of Irwine, was at that time, and is yet in such a deplorable and poor Condition, that nothing but a remedy, like unto the foresaid Gift (which would have proven very advantageous to the Burgh, if not Repealed by Law) can in all humble probability, yet prevent the total decay of the said Burgh, notwithstanding of the great pains taken, by the present Magistrates, to recall their Predecessors, Deeds, which by appearance is not the way, to prevent further decay to the Burgh, but by the expenses of such needless Pleas, may be a mean to add to the 'samine.  
2. It cannot be pretended, that ever the late Magistrates did Inhanse or Imbazle a six pence of the Towns Goods, but upon the contrair, they were so careful and tender of the Credit of the Burgh, that what was spent in Relation to the Towns Affairs, was for the most part, out of Sevaltouns own private Money, and the Towns Revenues were set apart, for payment of the Towns Debts, which consists with the knowledge of their present Magistrates, who cannot deny upon their Oath, that they gave their Advice, Concurrence and Consent, so far as they were concerned at the time, for procuring of the said Gift, and any pretending Opposition, made by the other Neighbours against the procuring thereof, it was only done by the Brewars and Venters of Ale, themselves.  
3. The Bonds granted for the foresaids five Thousand Marks, did only oblige the Town and the then Magistrates, and their Successors in Office: So that it is contrair to all Law, by the Conception of these Bonds, to oblige the Subscrivers thereof, as private Persons, who are functi officio, to pay the 'samine.  
4. The late Magistrates, can never be said to have Misemployed the Money, in procuring of the foresaid Gift, because there was an absolute necessity of some help to the Burgh, for preventing the utter ruin thereof. And Gifts of the like nature, being at that time usual in other burgh's, and the Gift itself would have been so beneficial, that in a very short time, it would have liberat the Town of all Debts, and that it would have repaired the Harbour, Kirk, and others, for which it was designed, whereby it is clear to any impartial Man. That the late Magistrates did act most Candidly and Profitably, for the good of the Burgh for the time: And it were a very hard matter, that because the Gift was by Law taken away, that the Magistrates who procured the 'samine, and were acting Frugally and Advantageously for the good of the Burgh, for the time, should be Sufferers thereby.  
5. It is calumnious to allege, that the Burgh of Irwine was never in use, to grant Bonds without the Consent the whole Neighbourhood, for their constant Custom, and former Bonds granted by them, are opponed. And as to that pretence, that the Neighbourhood of Dumfreis, having disassented from procuring of the like Gift, and thereupon that Provost (though a Papist) did forbear to meddle further therein. It is Answered, that the 'samine is both Frivulous and Calumnious, because the remanent Magistrates and Town-Council of Dumfreis, having opposed the said Gift: Therefore, the Provost by himself would meddle no farther therein, and the hail other grounds of Complaint, against the late Magistrates, are sufficiently taken of by the Answers .    
In Respect of all which, the Laird of Sevaltoun, and the other late Magistrates, who reaped no Advantage by their Office of Magistracy, but Acted Faithfully and Candidly for the good of the Burgh, without the proposal of the least Advantage to themselves, but upon the contrair, did spend of their own Money upon the Towns Affairs, they ought therefore to be assoilyied from such an unkind and groundless Complaint, which would tend so much to the prejudice of the late Magistrates, and would ruin the Faith and Credit of the whole burgh's of Scotland; & if any Difficulty remain with the Parliament upon the Circumstances above Represented which may afford a long and Cotentious Plea; by leading of Probation and otherways: And which may be an inlet to many other such Pleas of the like Nature. It is hoped that His Grace and the Estates of Parliament will remit the whole Affairs to be decided in Law by the Lords of Session.