The Privileges of Burghs and Burgesses. - Monopolies.
Town of Perth v. The Weavers of the Bridge-end of Perth
Date: 21 July 1669 Case No. No 52.
The act for prohibiting crafts within suburbs adjacent to burghs, found not to apply where these suburbs are within a barony.
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The town of Perth pursues the weavers at the Bridge-end of Perth, either to desist from weaving in their suburbs, or otherwise to pay a duty, accustomed to be paid by the weavers there, to the town, for that liberty, conform to the several tickets produced, and that conform to the 156th act, Parliament 1592, entituled, The Exercise of Grafts within Suburbs adjacent to Burghs forbidden.—It was alleged for the defenders, and Sir George Hay, their master, absolvitor, because the said act of Parliament has been in continual disnetude, and was never in use. 2dly, Though it were yet effectual, yet it can only be understood of such suburbs as have no privileges; but, where the suburbs are contained in any burgh of regality or barony, or within any barony having no burgh, the privileges of these erections warrants the exercise of all craftsmen; so that these websters living within the barony of Pitcullen, cannot be, upon that pretence, hindered from exercising their traded.—The pursuer answered, That he opponed the act of Parliament being general; and that it was a standing law unrepealed; and that the obligations of the weavers living there, to pay a duty for their liberty of weaving, did preserve the act in vigour, at least as to this burgh.—The defenders answered, That these weavers being in no incorporation, the tickets granted by any of them, could prejudge none but themselves; and, being without the consent of the heritor, cannot infer a servitude upon his barony without his consent, more than his tenants could infer a thirlage without his consent.
The Lords found, That the said act of Parliament did not reach to the inhabitants of any barony; and that the tickets of the weavers could not infer a servitude upon the barony; and, therefore, decerned only against the granters of the tickets personally, for the duties contained therein.
Fol. Dic. v. 1. p. 118. Stair, v. 1. p. 643.*** The same case is mentioned by Gosford:
Some weavers dwelling at the Bridge-end of Perth, being charged to desist from their trade at the instance of the weavers of the burgh of Perth; which charge was founded upon several acts of Parliament, and particularly the 156th act of the 12th Parl. King James VI. discharging the exercise of all crafts next adjacent to royal burghs, and that upon a special consideration that the free burghs were only liable to burdens and taxations: There was a suspension raised upon this reason, That the saids unfreemen dwelt within the barony of Pitcullen, belonging to Sir George Hay; and so fall not under the act of Parliament, which can only be interpret of suburbs belonging to burghs royal, either in property or superiority.——The Lords did sustain the reason, and suspended the letters simpliciter.
