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Scottish Court of Session Decisions >>
James Freeland, and Others, v The Incorporation of Weavers in Glasgow. [1778] Mor 1975 (29 January 1778)
URL: http://www.bailii.org/scot/cases/ScotCS/1778/Mor0501975-089.html Cite as:
[1778] Mor 1975
The Privileges of Burghs and Burgesses. - Monopolies.
James Freeland, and Others, v. The Incorporation of Weavers in Glasgow
Date: 29 January 1778 Case No. No 89.
An exclusive privilege to carry on the webster-craft found to reach to silk-weaving, though not in use at the time of the grant.
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The incorporation, of weavers in Glasgow, by their seal of cause from the town in 1528, ratified by a charter from the Crown in 1681, are vested with the exclusive privilege of carrying on the ‘webster-craft' in that burgh.
At a period long subsequent to these charters, the manufacture of silk-cloth was introduced into Glasgow; and, afterwards, manufactures of mixed cloths, composed of silk with linen, or cotton, were also introduced.
James Freeland, and others, engaged in the business of weaving these manufactures within the town, though not entered freemen of the incorporation.— The incorporation of weavers brought a declarator for ascertaining their exclusive right to weave the cloth in question within Glasgow.
Pleaded in defence for the unfreemen: The exclusive privileges of incorporations being restrictions on trade and improvement, are to be strictly interpreted. —Silk-weaving, a new manufacture, not known in Glasgow till long after the seal of cause to the weavers, and ratification of it, is not reached by these grants.
This seal of cause requires, that the person admitted be found ‘a sufficient, expert tradesman of the craft.’—When silk-weaving was introduced, none of the craft at Glasgow were capable to try a silk-weaver's sufficiency in his art, which is totally different from theirs. The craft, therefore, could not, in consistence with their own seal of cause, have demanded that a silk-weaver should enter with them. Though a few have of late entered voluntarily with the craft, that will not give them any right to oblige others to enter with them which they had not before.
Pleaded for the Incorporation: The seal of cause is conceived in general terms, comprehending every branch of weaving, not limited to such only as were practised at Glasgow at the time of the grant. It is of no consequence, therefore, that silk weaving was introduced posterior to the grants, which is the case with most of the other branches of weaving now in use there, confessedly reached by these grants.
The freemen of the craft were always sufficiently qualified to try the skill of the silk-weavers in the art of weaving, the general principles being the same in weaving silk as other materials. Now that there are actually many of the freemen silk-weavers, there is no reason whatever for an objection on this ground.
The Court found, that the “defenders are not entitled to carry on the business of silk-weaving within the burgh of Glasgow without entering with the incorporation of weavers.”
For the Incorporation, Craig, Morthland.Alt. Rae.
Fol. Dic. v. 3. p. 108. Fac. Col. No 8. p. 19.
