ANSWERS For the burgh's Royal, to the MEMORIAL in behalf of the burgh's of Regality and Barony and Other Unfree Traders.  
THe Memorial is so ill digested, that it is much more easy to answer it, then to resume it.  
The Heads principally complained of, are, that Retailers in unfree burgh's should be liable. and Secondly, that the proportion of 10. lib: of the Taxt-Roll of 100: lib, is an over proportion upon the unfree Traders.  
But to clear this matter from all the Mistakes contained in the Memorial, the true import of the Act of Parliament 1693. for the Communication of Trade, is, first, to be considered, and by the said Act these points are evident. 1. That the Act ratifies and approves the Contract betwixt the burgh's Royal and Mr. John Buchan about the ten pounds which he undertook of the 100 lib, for the Communication of Trade that he was thereby allowed to grant. 2. After the Expiration of Mr. John Buchans Contract, the Communication of Trade should continue, The burgh's of Regality, Barony and other unfree Traders, paying or relieving the Royal burgh's of a just proportion of the 100 lib: of the Tax-roll effeiring to their Trade, and which Proportion was to be equally condescended on by the first general Meeting of the Royal Burrows after the Expiration of the said Contract, and so forth thereafter with a Provision of Relief by the Parliament; Whereby it's evident, that the Memorial pleading for a perpetual Communication, must also acknowledge, that the power of rating the Trade of unfree burgh's and others, and burdening them with an effeirand Proportion of the Tax-roll, and distributing the same among them Belongs in the first place to the Convention of the Royal Burrows under Correction of the Parliament. And 3. That for this Communication the Parliament, Strictly discharges all persons whatsomever, to exercise any kind of Trade, except Burgesses in Royal Barghs, and these who pay their Proportion of the said Quota: Whereby it is manifest, that by this Article of the said Act of Parliament, unfree burgh's and others refusing to pay their Proportion, and accept of the Communication, are not to claim the Benefit of the Act of parliament 1690. But are expressly discharged, to exercise any kind of Trade; and the Acts of parliament made in favours of burgh's Royal are to be put in full Execution against them, as if the Act 1690: or Act 1672: had never been made, and it is positively ordained, that none be exempted.  
This being the plain meaning and import of the Act 1693. It's evident, that Retailers that have not the Benefit of the said Communication are liable as unfree Traders; Likeas the Lords of Session, did most justly find by their Decreets, that they were so liable which is an evident Confirmation; And farther what can be more unreasonable, than ' that the unfree burgh's and other unfree Traders, should pretend to this Liberty of Retailing free of all Burden, when it is perfectly known, that almost all the inland burgh's Royal of Scotland have no Trade; but that of Retail, and yet pay their proportions of the Tax-roll for the Liberty thereof: But the true Reason and Ground whereupon the Act of parliament 1693. proceeds, puts this matter beyond all Debate; In as much as it is evident, that the parliament judged the Communication so great equal and easy a Favour, that they likewise judged, that none that should refuse it could pretend to any manner of Trade to give them any privilege above the meanest Burgh Royal, which is exactly the case of Retailers that the Memorial most unreasonably pleads for, nor can there be any thing more manifest, then that the foresaid Act 1693, for Communication of Trade, did take away all former Liberties indulged to unfree Traders, and brought the matter precisely to this point either accept of the Communication offered, or otherwise give over all Trade exerced by the Royal Burrows, either by Export or Import, or by Retail, since the true design of the Act was, that unfree Brughs and others, shoul either accept of the Communication with its just burden, or otherwise, that the burgh's Royal should have all the Trade without exception, but no ways that unfree burgh's should have their freedom to accept or not; And yet tho' not accepting be in a better case, than the far greater part of the burgh's Royal, which were most absurd.  
The Memorial seems to suppose, that the Act 1693: was only a Ratification of Mr John Buchans temporary Contract with the Burrows, but the contrary is so manifest by the Tenor of the Act, making the Communication perpetual, and this Communication the only Ground of any Liberty for Trade, that who ever reads it, must acknowledge that this Act 1693. was purposely designed to terminat all differences betwixt burgh's Royal and unfree Traders, and to bring the unfree Traders to this precise point, either accept of the Communication or Trade none at all.  
The second ground of Complaint contained in the Memorial, is, That the Proportion of Burden laid upon the unfree Traders, is much heavier than that upon the Royal burgh's effeiring to their respective Trades. But 1. The Memorial represents both justly and ingeniously, that any alledgiance of this kind, can no ways militat against Mr. John's Buchans' relief and reimbursement for the bygone five years of his Contract; for seeing that he engaged therein optima fide and had the Authority of the Parliament, confirming the same, and upon the Faith alswell of the Act of Parliament, as of his foresaid Bargain and Contract, hath made such considerable Advances of public Payments, beside the vast Charges he hath been at. It were the greatest Iniquity imaginable, if he should not in the first place, be fully reimbursed of all his Advances and Charges with Annualrent thereof; specially seeing, that he hath recovered such Decreets before the Lords, as would undoubtedly obtain him full payment, were it not his Tenderness to occasion so great trouble even to those that are Refractory: And farther, such is Mr. John's unwillingness to distress these unfree Traders, that he is content to allow them five years and a quarter from Lambass last, for reimbursing the Sums due to him, and to take his payments Quarterly, providing that these concerned will agree to any sure Method, whereby his Reimbursement may be made effectual.  
But 2. This Complaint of Inequality betwixt the burgh's Royal & the Vnfree-Traders, is wholly groundless, ●s may appear by the Taxt-Roll given in by Mr John Buchan to the Lords of privy Council, whereby it is evident, that the Sum then Stented was 13 lib. 10 s. upon the consideration of 3 lib. 10 s added for Mr. John's Expenses, & advance of Money; yet the Burden thereby put upon the Unfree-Traders, was not half so great as the Burden of the burgh's Royal in the respective Shires, Comparing Trade with Trade. 3. To make this Point more clear by Examples, the Unfree-Traders in Linlithgow-shire and those of Roxburgh-shire, do both complain to the Parliament, that they are over-burdened, and yet the Unfree-Traders in Linlithgow-shire, that is, the Towns of Borowstounness, Grange-pans, etc. are only stented to 22 s. in the Taxt-Roll, whereas the Town of Linlithgow that hath not the tenth part of their Trade, is Stented to 30 s. And as for Roxburgh-shire, the Unfree-Traders there, viz. the Town of Kelso, Hawick, Melross, and others therein, are only Stented to 21 s. when the Burgh of Jedburgh alone is 26 s. albeit it hath not the fourth of the Trade of the foresaid Unfree-Traders in that Shire, and so the like Examples may be given in almost every Shire of the Kingdom; and it can be made appear, that the Unfree-Burghs have three times more Tonnage in Shipping, (which is the greatest part of the Trade of the Nation,) then the Royal Burrows have, whereby it may plainly appear, that when the Royal Burrows demand of the Unfree-Traders the Sum of 10 lib. only in the Taxt-Roll, and that they Stint themselves, and pay in their several proportions to the General-Receiver, their Burden is by far less and in effect not the third in proportion to the Royal Burrows, in the several Shires of the Kingdom.  
The Memorial alleges, That the Royal Burrows have Lands, and considerable Common Goods, whereby they may pay a far greater proportion than the Unfre-Burghs. To which it is Answered, That several Royal burgh's, as Dyser●, Culross, Easter-easter, and others, have no common Goods, and yet do pay their part of the Taxt-Roll to all Cesses and Supplies, effeirand to their Trade. But 2. It is most certain in general, that the common Goods given to Burrows, was not at all given to them for the payment of their sixth part of the Cess, Supply, and the like public Burdens, but really and truly for the support only of the respective burgh's, as to their particular and respective Expenses, for Watching, Warding, building and repairing of Prison-Houses, providing and ●urnishing of Guard-Houses, maintaining of their Kirks, Harbours, and other public Works, sending of Commissioners to Parliaments, Conventions of Estates, and general and particular Convention of Burrows, and defraying their other incident Expenses, to all which, it is well known that the common Goods of the Royal Burrows are so little sufficient, that the greatest part of them have been necessitat for these very ends and uses to Stint their Inhabitants, or contract Debt, to which might be added, that several Unfree-Burghs have also common Goods. But 3. The truth of the matter is, that Cess, Supply, and the like Burdens, whereof the Royal Burrows bear the sixth part, are directly Imposed on them in regard of their Trade, and the Estates personal and real that their Burgesses have arising from it, of which Cess and other Burdens, it is well known, that even their real Estates bear so small a proportion of it, that they are not only exceedingly burdened, but were they to pay the foresaid public Deuce out of the said real Estates, the same in many parts would be quite exhausted, but in effect all this is but Trifling! It is the Trade of the Royal burgh's that is considered as to the payment of Cess and Supply, and since the Vnfree-Burghs, and others, have the Communication thereof by Act of Parliament, it is most just, and ordained by the same Act, that they should also bear their proportion of the said public Burdens, and when their Interest in Trade shall be duly considered, as above-demonstrat, it will plainly appear that the foresaid 10 lib. of the 100 lib. is a very moderate and easy proportion, and would be certainly found so, if the distribution thereof were once equally and fairly settled.  
And where it is alleged, That the Custom-Books are the best rule for valuing the Trade, and that by these it will appear that the Unfree-Taders have not the fourtieth part of the Trade of the Nation. It is Answered, That the Custom-Books are no rule: For 1. A great part of the Burden on Trade, is paid by Retailers in burgh's Royal, whose Trade neither doth nor can appear in the Custom-Books. 2. The Trade that doth appear by the same Cnstom-Books, is again diffused to the Retailers in Vnfree-Burghs, as well as to the Retailers in burgh's Royal. 3. The Custom-Books are only kept at Sea-Towns and Ports, where a great quantity of Goods is entered in other men's Names, and for certain doth not belong to the Merchants of the respective burgh's Royal, but to Merchants of other Towns, both free and unfree, as may be seen at Leith, Newport-Glasgow Prestounpans, Borrowstounness, etc. 4. If certain Unfree-Towns, as Borrowstounness, Grange-pans, Prestounpans, Greenock, Kelso, and the like, were rated according to the Custom-Books, these alone would pay the 10 lib. without burdening the rest of the Unfree-Burghs, whereby it is manifest, that the Custom-Books are no rule in this matter; but the true and only just rule is, that the proportion of Trade, whether by Export, or Import, or Retail, should determine the proportion of the Burden, and by this rule it will quickly appear how light a part the Unfree-Traders have by the said 10 lib. proportion.  
But the true, short, and clear account of this whole matter is, that such of the Unfree-Traders as have the real Benefit, will not agree to an equal distribution of the 10 lib. among themselves, which would render all easy, and therefore a clamour is raised on the account of some of the smaller Unfree-Burghs, that their own Neighbours only, endeavour to over-burden. But 1. As to what is past, let Mr. John Buchan be relieved, as all do agree And 2. As to the future, let the Unfree Traders, either take upon them the Burden of the said 10 lib. which for certain (if justly divided) will be both light and easy; or otherwise, let them give over, and renounce all Trade in favours of the burgh's Royal, who will never decline the whole Burden, when they shall have the whole Trade, according to the true meaning of the said Act 16●3, and there is an end of the controversy.  
The Memorial doth also plead, That the Unfree-Burghs undergoing their proportion of the Taxt-Roll, may also be allowed to be represented in the Conventions of Burrows, but by what right or reason? The Royal burgh's are such by their Charters of Foundation and Erection, whereby they also make the third Estate of the Kingdom, and have the Right of their Conventions established by many Acts of Parliament, whereas the Unfree-Traders are really Usurpers upon the burgh's Royal, as to the point of Trade, and the Communication is only introduced as an expedient, that seeing that they will and do ursurp Trade, they may have a lawful Title to it, paying their just proportion of the Burden, which can never be a ground to give them access to other Privileges of the Royal burgh's, whereof there is not the least Vestige or Title in the Acts of Parliament, and in effect all the vagrant Chapmen in the Country may as well crave to be represented in the foresaid Convention, as the foresaid Vnfree-Burghs. They allege indeed, that since they come in to bear Burden, and have a visible Interest, to see that they be not wronged in altering or changing of the Taxt-Roll, they ought also to be represented; but the Act of Parliament 1693 is most clear in the contrary, giving (as reason is) the power of proportionating, and likewise of altering and changing the Taxt-Roll, expressly to the burgh's Royal, in their general Coventions, and providing no other remedy for the Vnfree-Burghs, if over-burdened, but to apply to the Parliament, which is indeed sufficient; and since they have such an easy Offer of Communication, it is but too visible, that all their quarrelings at the Burden that attends it, are plainly partial, self-interest, and untoward Humours.