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Scottish Court of Session Decisions >>
The Laird of Polmaise v The Deacons of the Crafts of the Town of Stirling. [1671] Mor 1907 (5 July 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Mor0501907-054.html
The Privileges of Burghs and Burgesses. - Monopolies.
The Laird of Polmaise v. The Deacons of the Crafts of the Town of Stirling
Date: 5 July 1671 Case No. No 54.
Found, that a craftsman living within a burgh of barony, may work to a burgess of a burgh royal, or any one; provided he carry not his made work within the burgh royal to be sold there.
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The craftsmen of St Ninian's, belonging to the Laird of Polmaise, being charged upon the act of Parliament anent unfreemen, made in favour of burghs royal, did suspend and raise declarator against the said craftsmen, upon this reason, That they dwelt within the town of St Ninian's, which was about a mile distant from the town of Stirling, and did lie locally within the barony of Polmaise, and so could not fall within the act of Parliament, which did only prohibit unfreemen, which dwelt within the suburbs next adjacent to royal burghs.—It was alleged, That the said town of St Ninian's lying so near to the town of Stirling, their declarator could not be sustained, but with that quality that the tradesmen there should not work any manner of work to the burgesses of Stirling, otherwise they would be prejudged of the bona fides of the act of Parliament in favour of the freemen in the town, upon that special consideration, that the royal burghs are liable in the sixth part of all King's taxations, and their inhabitants to watch and waird; for which cause all manner of workmanship ought to be done by their own trade.——The Lords, notwithstanding, did sustain the declarator, and suspended the letters simpliciter; and did find, that the tradesmen within royal burghs, might make such acts as they pleased for seizing and confiscating all manner of workmanship belonging to the burgesses, which are made without the town by unfreemen, when the same should be imported; but that such acts could not extend against tradesmen living within any town belonging to a barony, or other heritors, over whom they had no jurisdiction, but were free to serve any person that would employ them, they not carrying their workmanship within the town, nor being residenters within the suburbs thereof.
