ANSWERS For the Freemen Fleshers of Edinburgh, to the Petition presented to His Majesty's high Commissioner, and the Honourable Estates of Parliament, by Alexander Milne and William Lauson, Andrew Brown, Archibald Douglass, Janet Carse Relict of Vn●quhile Thomas Wright Fleshers of the said Burgh, against them.  
THe Incorporation of Fleshers was Established by a Seal of Cause in their Favours granted by the Magistrates of Edinburgh, above two hundred Years ago, and continued in the Exercise and Possession of the Liberties and Privileges thereby granted to them ever since that time, as well as any Incorporation of the said Burgh, and obtained these Privileges particularly established, against the Invasions and Encroachments made upon them by the Un-free-men of the said Burgh, after hearing of both Parties; by an Decreet of Council, dated the seventh day of June, 1595 years, under the Hand of Mr. John Skeene Clerk Register, as the samen herewith produced bears. And sicklike by an Act of the Magistrates and Town Council of Edinburgh, dated the 20 of August, 1656 years, the sundry Privileges, mentioned in the several Acts therein specified, are of new Ratified and Approven to them, and ordained to be made use of by the saids Freemen Fleshers, in all time coming; and particularly that the Un-free-men Fleshers in Burgh and Landward only sell their Flesh in open Mercat upon the Mercat Days, either by whole Carcases, or at least Quarters, and no otherwise: All which Privileges are Ratified in the Parliament 1681, As also by Decreet of the Lords of Privy Council, dated the twentieth sixth day of November, 1685. The Un-free-men Fleshers are expressly discharged to bring in, or hang any Beef, or other Flesh in the Flesh Mercat of Edinburgh, but upon the three common Weekly Mercat Days, and reserved the point of Right to be disscussed by the Lords of Session, as the said Decreet bears; all which Privileges are again Ratified by Act of Parliament, dated the fifteenth day of June, 1693 years: and particularly the foresaid Act of the Town Council, in anno 1656, where it is statute and ordained, that the whole Un-free-men Fleshers, keep only three Mercat Days in the Week, viz. Tuesday, Thursday and Saturnday, as the said Ratification likewise bear't.  
The Freemen Fleshers of Edinburgh being thus founded by the Seal of Cause, and other particular Rights , it is humbly conceived their said's Rights cannot be summarily taken away by a Petition, but the samen are only competent to be quarrelled of reduced before the Judge Ordinary, as the private Rights of particular Parties, or Incorporations and Societies are in use to be. Secundo, If this Method be allowed of, to quarrel the Incorporation of Fle●●ers, than all the Incorporations within the several burgh's of Scotland, may ●e brought in question that same way: And as it would be thought, both a Novelty and great In●●●a●●ment upon the Liberties and Privileges of the burgh's Royal, to have the Rights and Privileges of their several Incorporations brought in question, and infringed by extranious Persons; So it is hoped, His Majesty's High Commissioner and Honourable Estates of Parliament, will not open such a Door, by summarily destroying the Privileges of the Freemen Fleshers, and thereby breaking their Incorporation. Tortio, The Act of the Town Council of Edinburgh, founded upon in the Petition, can no ways be Relevant to infer the Conclusion and Desire, in favours of the Un-free Fleshers, in respect: Prinio, It is evident, the samen has never been intended for a perpetual Rule or standing Law in the Burgh, being only an Article subjoined to a Table of Pryces for Butcher-meat, Wildfowl, and other Vivers, made by the Magistrates of Edinburgh for the year 1688, and which being only made for one year, and by the constant Custom altered yearly, according to the scarcity or plenty of the said kind of Vivers: That Article could be of no more lasting or durable Force, than the other Articles subjoined to that Table of prices: and as it were absurd to pretend now, that the Wine should be sold at eighteen shill. per Pint, as it is appointed there, so it is no less absurd, to pretend that the Article about the Unfree-men Fleshers should be of perpetual Continuance. Secundo; There being an Act of Parliament made a little before that time, appointing Flesh to be sold by Weight, the Magistrates of Edinburgh, for bringing the Fleshers to the Obedience of that Act of Parliament, did indulge the Unfree-men to sell by Weight upon all days of the week, to the effect they might constrain the Freemen Fleshers to Observe the foresaid Act of Parliament more readily: But that Act of Parliament falling in desuetude, and proving in practicable, and the Unfree Fleshers being the first that left off to sell their Flesh by weight, upon pretence of their being restricted to sell Carcases, or at least Quarters. There was no reason they should enjoy that Article, as a perpetual Right which they had only been indulged the favour of for a particular time, for Ends and Causes they had never answered nor observed. In Consideration whereof, the Magistrates of Edinburgh, by their Act dated the 4th. of September, 1689 years, did of new again restrict the Unfree-men to the said three Mercat-days, conform to the Gifts and Privileges conceived in favours of the Freemen, as the Act herewith produced will testify. Quarto, It were a great prejudice, not only to the particular Incorporation of Freemen Fleshers within the Town of Edinburgh, to admit the Unfree-men to the equal Privileges with the Freemen, but also to the whole other Incorporations and Landlords within the samen, in respect, if this Incorporation be broken, and no distinction be made betwixt Free men and Unfree-men, than the Freemen can never bear Scot and Lot of the Burgh, but their Proportions of Cesses, and all other public Burdens which they did bear within Burgh, must necessarily fall upon the other Incorporations and Landlords, to the great prejudice of the Burgh, which it is hoped, His Majesty's High Commissioner, and the Estates of Parliament does no ways intent, for gratifieing only two or three obscure inconsiderable Persons, who presumptously assume the general Designation of Un-free-men; and albeit three or four of the Petitioners have had the presumption to give in the Petition in Name of the Un-free-men in general, yet the Generality and understanding Men of that Number, considering how much it would tend to the prejudice of the Inhabitants of the Burgh, have for most pregnant Reasons disclaimed the foresaid Complaint, and taken Instruments against the turbulent Movers thereof, as an Extract of the Instruments, here present to show bears. Quinto, The Magistrates of Edinburgh can easily rectify any Abuses, that the Freemen Fleshers may happen to Commit, and accordingly every year, with Concurrence of the Lords of Session, do set Rates upon, and Rules for the Sale of all kinds of Vivers within Burgh: But they can no ways be answerable for Un-free-men, who are not subject to their Jurisdictions. And farther, His Majesty's High Commissioner, and Estates of Parliament are humbly entreated to take into their Consideration, of what Evil Consequence this pretended Advantage would be, by tollerating Un-free-men, as is demanded in their Groundless Petition, for besides what is above Represented, which makes the Freedom of Incorporation as secure as Law can make it, yet if Un-free-men were tollerat to come in six days in the Week, than they may Combine amongst themselves to keep up their Flesh's from sale one day, unless they get what Pryces they please, because they know they can expose it the immediate next day thereafter, and so have advantage over the Inhabitants. Whereas, when they are restricted to three days in the week, they are obliged to sell at a reasonable Rate, because Flesh's will not keep uncorrupted until an other Mercat Day: And besides that, it is presumed, that the Country Fleshers would rather sell at easy Rates, than to carry back their Flesh's to the Country again, and they are in no worse condition than the Freemen are, for the Freemen are restricted from coming to the Land-mercat, except upon the same days that are already allowed to Un-free-men.  
And whereas it is pretended, that the giving a toleration to Un-free-men, would hinder the Freemen to exact Exorbitant Prices. It is Answered, that three days being allowed to Country Fleshers, the Inhabitants may easily provide themselves in one day, as much as may serve them two: And if the Freemen should offer to exact greater Rates than the Un-free-men, than they would ruin themselves, and their Flesh's would lie un-sold, and before another Mercat day, would be unfit to be presented to a Mercat. And as to the present Dearth, it is unquestionably known to the Honourable Court of Parliament that the same is occasioned by the bad Season only.  
And lastly, If the Freedom of the Incorporation should be encroached upon, and Infringed, than this evil doth inevitably follow, as it hath done in former times; that the freemens Servants do thereupon quite their Service, and look upon themselves to be as free as their Masters, and go to the Country, and in their Master's Names, do buy Bestial from Gentlemen and other Persons, and Butcher the 'samine themselves, without ever paying these from whom they buy them: So that it may be said with confidence, that the Country hath sustained thereby the loss upwards of Forty thousand Pounds, within these few Years: And that is not the only loss, but several others of the Un-free-men do buy at the Fourth Hand, and so consequently must sell at dearer Rates than the Freemen. By all which the Incorporation is abused, and are deprived of Servants, for serving the lieges; which is occasioned by the countenancing and tolerating Unfree-men.  
And if the Un-free-men Fleshers found upon an Act of the Privy Council, in the year 1687. & shall produce the same, no Respect ought to be had to that Act. 1. Because it is given part in audita, and without either Complaint or Probation, at the instance of any Party, of any Abuses or Malversations done or committed by the Freemen Fleshers 2. This Act was solisted for, and Impetrat by Josias Johnstoun, upon particular Grudge against the Freemen Fleshers, and he obtained it as a Gratification to him for his conversion to the Romish Religion. 3. This Act was a Deed of the Absolute Power, in the late Arbitrary Times, infringing the Privileges of the City of Edinburgh, and met with the less Opposition that the Magistrates themselves were created by the same Power, which had swallowed up the hail Rights and Privileges of the Magistrates of Royal burgh's, so that it was no marvel that they encroached upon one single Incorporation: and seeing, by the late Revolution, and His Majesty's gracious Favour, the Rights and Liberties of the Subject, and particularly of the burgh's Royal have been restored and recovered: It is hoped and expected from the Justice of the High Court of Parliament, that the Incorporation of the Freemen Fleshers shall be preserved in their Rights and Privileges and Freed from any Invasions made upon them, in the late Arbitrary time, and not have their private Right taken from them without any special Cause libelled: but only on the Clamour and Importunity of three or four Invidious and malicious Neighbours: And it is evident by the very Act itself, that all that was designed for them, was the Land-Mercat, that being the separate place for the Landward Fleshers, and it is notourly known that there never was, more than three Flesh mercat days in that place.  
In Respect whereof, it is hoped, His Majesty's High Commissioner, and Honourable Estates of Parliament, will not cut off the Rights and Privileges of so ancient an Incorporation, who is the Tenth Deaconry of the Burgh of Edinburgh, conform to the Sett and Decreet Arbitral, pronounced by King James the Sixth: But on the contrary, will be pleased to reject the desire of the foresaid groundless Petition; and of new again, to Ratify and Confirm the Rights and Freedom of the Incorporation, as formerly was done, both in this Current Parliament, and others preceding.