TO My Lord Commissioner, HIS GRACE AND THE HONOURABLE ESTATES OF PARLIAMENT PRESENTLY convened. The Humble PETITION of Mr. JAMES SMITH.  
SHOWETHS,  
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 Sum of Fifty or Sixty Thousand Marks 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 Majesty's Secret Council, to Appoint the said Money to be Disposed off, as they should find Cause; And the said's 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 Chapel, and no longer to continue a Parish Church; They appointed as much of the said Mortified Money as should be necessary, to be applied 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 said's 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 Majesty's Thesaurie, for the building of which Church, conform to the said Model, Your Petitioner was to get the Sum of 25000 Marks 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 Diligence 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 Reside 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;  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. Pounds Scots. 2 do. The Timber since the Agreement has risen in the price a full Third and more, occasioned by the War, 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 Workmanship, 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 Tradesman loss so much, by an Oversight, in a Bargain. 4 to. By the Agreement the two Rows of Pillars were only to be Roughstones, and Plastered 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 persuaded to make all the Pillars of Neat hewn Work; As likeways to make a Handsome hewn Entry, form the Street to the Church yard (which by the Contract I was not obliged to do) both which mat extend to the Sum of 1000: Pounds Scots Money. So that I am able to Demonstrate, to any who shall be Appointed to inquire 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 Employment, and Engaged 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 sustain 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 paid 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, etc.   

EDINBURGH, Printed the Year, 1690.