Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.
Subject_2 SECT. V.

The Privileges of Burghs and Burgesses. - Monopolies.

John Reid, and Others,
v.
The United Incorporations of Mary's Chapel

Date: 27 May 1790
Case No. No 91.

The Lords made regulations respecting the entry of freemen with the incorporations of Mary's Chapel, and the dues to be paid on their admission, and on that of licentiates admitted by the incorporations, reducing the dues of entry upon both.

Click here to view a pdf copy of this documet : PDF Copy

The wrights and masons in the town of Edinburgh, are a branch of the United Incorporations of Mary's Chapel. They have seals of cause from the magistrates, in which they are directed to admit strangers taking up their residence in the town, on their undergoing a trial, and paying the dues of entry.

It had been usual in these corporations, to admit the apprentices and children of the entered members on easier terms than other persons. The sum paid by the latter, till about the year 1770, was only L. 11; it was afterwards raised to L. 21, and at last in 1787 to L. 100.

It had been also the custom in these corporations, to give to individuals a permission to follow the profession of a wright or mason for life, on paying a smaller sum than was demanded for a regular entry; but those licentiates were not admitted to any of the other privileges of the corporations, neither being maintained at the expence of the community while in indigent circumstances, nor entitled to interpose in the administration of their funds. The composition demanded from them was in 1787 increased to L. 40.

The legality of these proceedings was tried in mutual actions brought by the managers of the corporations on the one hand, and by John Reid and others, who were not members of the corporations, on the other.

The first question was, whether the corporations could be compelled to admit persons who had not served an apprenticeship within the burgh; but the regulation above referred to, respecting the admission of strangers, prevented a decision of this on general principles.

The next question regarded the powers of the corporations in regulating the dues of entry. And here the opinion of the Judges was agreeable to the determination of the Court in the case of Aberdeen, 21st July 1786, (infra Sec. 6. h. t.) by which it was found, that the fine or composition paid by intrant burgesses might be proportioned to the benefits to be derived from a participation of the trade. In the circumstances, however, which here occurred, the sum demanded by the corporations being thought exorbitant, was reduced to L. 50.

A third question agitated in the papers, was the power of corporations to admit licentiates. Many of the Judges expressed a doubt, how far this practice was justifiable. But the Court was prevented from giving any determination on this point; the judgment of the Lord Ordinary, finding that the corporations might enter into such a compromise, having been acquiesced in by the parties; but the sum demanded on this account was reduced to L. 30.

The interlocutor of the Lord Ordinary was in these terms:

“Finds, that the Incorporations united under the name of Mary's Chapel, have a right to carry on their different crafts within the ancient royalty of Edinburgh, and to exclude all others who are not entered in the said-corporations from exercising the crafts within the said boundaries; finds the said incorporations of wrights and masons, by their original seals of cause, subsequent practice, and admissions in the course of this process, are bound to receive strangers; that is, (when applied in contradistinction to freemen wrights and masons), such persons as have not served apprenticeships to masters, freemen of said incorporations, for six years, and who have acted as journeymen for two years more, are entitled to be admitted as freemen of said incorporations, and entitled to all the benefits and privileges thereof, upon giving sufficient proof of their skill in their respective trades they profess, and upon payment of a certain sum; finds, upon the grounds foresaid, that the said incorporations of wrights and masons, are also bound to admit such strangers to the liberty of exercising their crafts within the said royalty, during their lives, without any other privileges or benefits, upon payment of a certain sum; finds, that the sum demanded by the said incorporations, for a full enjoyment of all the liberties, privileges, and benefits, attending the respective freedoms of the said incorporations, is reasonably and properly stated at L. 100; finds, that the sum L. 40, demanded for the liberty only of carrying on the trade of the said crafts during life, is too high, and therefore modifies the same to L. 30 Sterling.”

After advising a reclaiming petition for John Reid and others, which was followed with answers in behalf of the Corporations,

The Lords “found that the petitioners are legally entitled to be admitted freemen of the incorporations of Mary's Chapel, upon being sufficiently capable and qualified in their several trades, and on payment of L. 50 as entry-money.”

Reclaiming petitions were preferred against this judgment; the one in behalf of the Corporations, complaining of the restriction as to the dues of entry, and the other for John Reid, &c. praying that the dues of entry should be restricted to L. 33: 6: 8, or to some smaller sum than L. 50. Both these petitions were refused without answers.

Lord Ordinary, Henderland. Act. Wight, Sir William Miller, John Clerk. Alt. M. Ross. Clerk, Sinclair. Fol. Dic. v. 3. p. 108. Fac. Col. No 133. p. 261.