BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Town of Edinburgh v Town of Leith. [1630] Mor 1823 (4 February 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor0501823-002.html Cite as:
[1630] Mor 1823
A burgh of barony found to have no right to sell or tap wine; a privilege competent only to royal burghs.
Click here to view a pdf copy of this documet : PDF Copy
In a suspension of charges, executed against the town of Leith, for selling and tapping out of wine in small, contrary to the tenor of the act of Parliament, James IV. Parliament 6th, made in favour of royal burghs, which prohibits the same:——The Lords sustained the charges upon that act, albeit it was alleged, that it was past in disuetude, and a constant contrary consuetude observed, and that it was a prejudicialiact to the commonwealth, to prohibit the selling of wine and other vivers in land-ward, claugh-lands, and burghs of barony, and other villages where the King's lieges do repair and lodge; seeing it is also commanded by act of Parliament, James V. Paliament 4th, That all villages be well furnished with provision for lodging of the King's subjects. Notwithstanding whereof the charges were sustained, for, this reason, viz. not only in respect of the privilege of burghs royal, but also because Edinburgh was baron of Leith, and the inhabitants within the barony ought to have liberty of their superior for selling of such furniture; and also there were divers decreets in foro contentioso betwixt these parties upon the same subjects.
