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AFFECTING TRADES HOSPITAL
CHARTER
(PRONOUNCED 10TH MARCH, 1803).
AT Edinburgh, the tenth
day of March, one thousand eight hundred and three years, Anent the
Summons and Action of Declarator, raised and pursued before the Lords of
Council and Session, at the instance of the Reverend Dr. James Sheriffs,
first minister of the City of Aberdeen, patron ; John Leslie, Goldsmith,
present Convener of the Trades ; John Baron, Master of the Trades,
Hospital; and the following persons, Deacons of the Seven Incorporated
Trades, all of the said City of Aberdeen, viz., John Leslie, Robert
Spring, William Bartlet, Andrew Mennie, John Fraser, George Lawrance,
and Alexander Harrow; as also the following other persons, being the
remaining members of the Convener Court of the Incorporated Trades of
the foresaid City of Aberdeen, viz., William Cowie, George Smith, George
Angus, William Roger, John Blaikie, Robert Watson, William Donald,
Thomas Greig, Alexander Cooper, John Gordon, Roderick Macdonald, John
Keith, David Wyllie, William Reid, George Taylor, Arthur Farquhar, James
Farquhar, James Coutts, William Hendry, Junior, Joseph Berry, Andrew
Hall, Robert Donaldson, and William Spark: Against the following
persons, being the whole present Members of the Seven Incorporated
Trades of the City of Aberdeen, viz., Here follows a list of the various
Members of the different Trades, consisting of :—C3 Hammermen, 38
Bakers, 50 Wrights and Coopers, 40 Tailors, 63 Shoemakers, 33 Fleshers,
and 34 Weavers—in all 320 Members. Which Summons maketh mention, That,
whereas, on or about the year one thousand six hundred and thirty-three,
Dr. William Guild, then one of the Ministers of the City of Aberdeen, by
a Deed of Mortification, dated in that year, mortified to the poor
Tradesmen of the City of Aberdeen, the place or Monastery of the Holey
Trinity of the Burgh of Aberdeen, and certain other subjects therein
described, to be an Hospital for the poor old Tradesmen of the said
Burgh, who were to be kept and maintained in the said house under
certain conditions and regulations therein expressed. And, whereas, by a
certain other Deed of Mortification executed by the said Doctor William
Guild, upon the fifteenth September, one thousand six hundred and
fifty-five, he obliged him and his heirs to pay Five thousand Dierks, or
in the option of his heirs to mortify a house in the Castlegate of
Aberdeen, for the purpose of entertaining three poor boys, Craftsmen's
sons, as Bursars in the New College of Aberdeen. And he appointed the
said Mortifications to be placed under the management of the first
Minister of Aberdeen, as patron, the Deacon-Convener and Deacons, and a
master of Hospital to be named by them. And to be managed according to
certain rules and regulations therein set down. As the said Deeds of
Mortification in themselves more fully bear. And, whereas, the subjects
contained in the first Deed of Mortification, before recited, do now
consist of the Trinity Hospital, and the whole grounds contiguous
thereto, as now possessed by the pursuers. The Causewaymen's Croft. The
price of Thorneybaulkridge, sold in the year seventeen hundred and
forty-two, amounting to one hundred pounds sterling. The few duty of
Ferryhill, payable by the Master of Mortifications of Aberdeen. The few
duty of Potwater, payable by the Treasurer of Aberdeen. The few duty of
William Smith's house in the Exchequer Rowe of Aberdeen, and a few duty
of the Lands of Craigbowie, payable by . . . . Horne. And, whereas,
after the date of said Deeds of Mortification, John Turner, of Dantzig,
mortified an annuity of Eight pounds six shillings and eight-pence
Sterling, payable out of the Rents of the Estate of Turnerhall, and Dr.
Patrick Sibbald mortified the sum of Three hundred Merks both for the
maintenance of Depauperate Freemen of the Incorporated Trades in the
said Hospital, and that the subjects and funds of the second of said
Mortifications do now consist of the foresaid House in the Castlegate of
Aberdeen, called the Bursar's house, which is now under lease for a term
of years. And whereas various other donations and Mortifications were
made to the Incorporated Trades of the said City of Aberdeen, and a
variety of funds do now belong to them separate and distinct from the
said Mortifications before specially recited, and, Whereas, for sometime
the funds of the first Mortification before recited were applied to the
maintenance and support of Depauperate Tradesmen of the said city, who
lived and resided in the said Hospital, and were guided by the rules and
regulations laid down in the foresaid Deeds of Mortification. But for
some considerable time, owing to the chancre of the times and manners of
the people, many of the regulations stipulated in the original Deeds of
Mortification have been found inexpedient and in many instances
impracticable. In so much that no one person entitled to the benefit of
those charitable Institutions has come forward to claim or will accept
thereof according to the literal conditions of the mortifications. On
which account the Managers for a long time by gone have been in the
custom of distributing the proceeds of said Mortifications amongst the
poor Tradesmen of the City, living out of the house, along with the
other funds belonging to the said Incorporated Trades, and under the
management of the pursuers as the Convener Court thereof. And, Whereas,
this mode of distribution and management has been followed for many
years without interruption or challenge, and has been attended with much
use and benefit to all parties till lately That some of the Tradesmen of
the City made application to the Magistrates of Aberdeen praying to have
the pursuers prohibited from any further application of these funds,
except according to the express and most strict Interpretation of the
regulations laid down in the original Deeds of Mortifications before
specified, and that the Interference of the said parties to Challenge
the present system of management of the foresaid funds has been attended
with the most hurtful consequences. Insomuch That for a year past the
different poor Tradesmen of the City of Aberdeen, who are entitled to
aid from their Poors funds, have received little or nothing, and no
distribution whatever of these funds, has, during that space taken
place, and whereas It is not only inexpedient, but in so far as no
person will accept of the foresaid Charitable Institutions on the
conditions specified in the original Deeds of Mortification, It is
impracticable literally to follow all the rules and regulations therein
laid down. Therefore the pursuers as managers of the several
Mortifications and funds before mentioned are desirous to have it
ascertained by Decreet of the Lords of Council and Session, what course,
in the circumstances of the case they ought to follow, and to have the
extent of their powers Regularly adjusted and defined. Therefore the
foresaid persons being the whole present members of the seven
Incorporated Trades of the City of Aberdeen, Ought and Should be called
and conveened before the said Lords of Council and Session to hear and
see the nature and extent of the power of the pursuers, and their
successors in Office Managers of the said funds, and the rules and
regulations which are to be observed thereanent specially ascertained
and defined. And it Ought and Should be found and Declared That so far
as any of the conditions and regulations specified in the original Deeds
of Mortification have become impracticable That the same should be held
pro non scripto. And more particularly The following Regulations which
have been unanimously agreed to and adopted by the pursuers as managers
of said Mortifications ought to be Ratified and confirmed by the said
Lords, and it Ought and Should be Found and declared in terms of said
regulations, that the whole of the subjects and funds therein before
specially described as included under the first Deed of Mortification of
the said Dr. William Guild with the annuity mortified by John Turner of
Dantzig, and the sum of Three hundred merks mortified by Dr. Patrick
Sibbald for the maintenance of Depauperate Freemen of Trades of
Aberdeen, should in all time coming be kept separate and distinct in the
Master of Hospital's accounts from all the other funds under his
Administration. That they should be constantly under the sole management
and direction of the patron, Conveener, Master of Hospital, and seven
Deacons of the Incorporated Trades, and be applied to the uses and
purposes and in the manner mentioned in Dr. Guild's deed of
Mortification so far as is now practicable. That when there is room or
accomodation in the Hospital for any depauperate Freemen, Every person
of unexceptional moral character entitled to and applying for the
benefit of the Hospital funds shall be apprised that he will be received
into the Hospital under the conditions specified in the said original
Deed of Mortification. And as for some years past no person has been
found willing to live as a Beedman in the Hospital, In case persons
properly qualified and desirous of admission into the said Hospital
shall not be found after every endeavour has been used for that purpose
for the space of two years, Then the managers shall have it in their
power to distribute the revenue or profits of the aforesaid funds in
such way and manner as they may Judge most beneficial to the poor
tradesmen of the whole Incorporated Trades, they being always persons of
the description and character required by the original Deed of
foundation. But that the funds should never be applied but for the
support of Beedmen in the Hospital when such can be found. It being also
understood that the Trades should still have right to hold their
meetings in the Hospital as they have hitherto done. And with respect to
the other funds under the administration of the Master of the Trades
Hospital, It ought and should be found and declared That they should
continue under the management and direction of the patron and others
Members of the Conveener Court as formerly and be distributed among the
poor of the Trades as they shall think proper and expedient, But with
and under these express conditions, viz.:—That all sums paid to, or
expended in maintaining a House Keeper in the Hospital shall be charged
against these funds, except when there are Beedmen in the house, in
which case a part of the expense shall be charged against the funds
mortified by Doctor Guild, That the Conveener Court shall not be obliged
to admit every person to the benefit of the Hospital funds who has been
admitted to the benefit of the funds of the separate Trades, but shall
have the sole power of Judging and determining what persons Ought to be
so admitted, and every person applying to be settled on the funds of the
hospital shall be obliged, along with his petition, to produce a
certificate of his moral character to the satisfaction of the said
Conveener Court, And Finally That in case at any time the revenue of the
funds mortified by Dr. Guild, John Turner, and Dr. Patrick Sibbald shall
be insufficient for the maintenance of the Beedmen that may happen to be
in the Hospital, and the other necessary expenses, then the deficiency
shall be made up from the other funds under the Master of Hospital's
Administration. And Lastly, In regard to the Bursars house mortified by
Dr. Guild's second Deed of Mortification before mentioned It Ought and
Should be Found and Declared That after the expiry of the present Lease
thereof, It should in future be always let by public roup, for a space
not exceeding seven years at a time, after three consecutive
advertisements in the Aberdeen Journal. That no person shall be admitted
to the benefit of that foundation unless he produce proper certificates
of his answering the description therein, That two months previous to
each sitting of the College due intimation shall be given by the Master
of the Hospital to the Deacons of the several Trades to be by them
communicated to their respective corporations what burses on this
foundation are open for Candidates, and that when no candidates properly
qualified do claim the benefit of these burses, the free rent of the
house shall be applied for extinguishing the debts affecting the house
and for increasing the fund ; and in case of a proper observance of the
rules and regulations above set down, the said haill Defenders, and all
others, their successors or those claiming in their right, Ought and
Should be Prohibited and Discharged in all time coming from further
challenging, troubling, or molesting the pursuers and their successors
in Office there anent. And anent the charge given the Defenders in
virtue of the foresaid Summons, by Messengers-at-Arms, to have compeared
before the said Lords upon two certain days, now by gone, to have
answered at the instance of the Pursuers in the said matter, and to have
heard and seen the premises verified and proven, and Decreet and
sentence given furth and pronounced therein in manner to the effect and
with certification lybeIled. As in the said Summons and Executions
thereof at length is contained. The Pursuers compearing by Mr. Adam
Gillies, Advocate, their Procurator, and Alexander Barron, one of the
members of the Conveener Court of Aberdeen, and as such inserted in the
Summons as a Pursuer, Compearing by Mr. Robert Craigie, Advocate, his
Procurator, who for him produced in presence of the said Lords, a
Disclamation by him as a Pursuer of said action, and requesting his name
to be delete from the list of Prosecutors, addressed to Alex. Youngson,
Esq., Writer to the Signet, and dated at Aberdeen, the Third day of
February, Eighteen hundred and three. And the Defenders being by virtue
of the foresaid Summons lawfully summoned to said action in manner
foresaid oft-times called, but failing to appear. The which foresaid
Summons, Executions thereof, Compearance made for the Pursuers, and
desire of their Pror after insert, Compearance made for Alexander
Barron. Together with the absence of the Defenders and haill other steps
and circumstances of the said matter, being all at length read, heard,
seen, and considered by the said Lords, and they therewith well and
ripely advised: The Lords of Council and Session aforesaid have Found
and Declared and hereby Find and Declare, That so far as any of the
conditions and regulations specified in the original Deeds of
Mortification by Dr. Will— Guild have become impracticable, they are to
be held pro non scripto. Ratified and Confirmed, and hereby Ratify and
Confirm the following regulations which have been unanimously agreed to
and adopted by the Pursuers as managers of said Mortification; and Found
and Declared, and hereby Find and Declare that in terms of said
regulations that the whole of the subjects and funds herein before
specially described, as included under the first Deed of Mortification
of the said Dr. William Guild, with the annuity mortified by John
Turner, of Dantzig, and the sum of Three hundred merks mortified by Dr.
Patrick Sibbald for the maintenance of depauperate Freemen of the Trades
of Aberdeen, shall in all time coming be kept separate and distinct in
the Master of Hospital's accounts from all the other funds under his
administration. That they shall be constantly under the sole management
and direction of the patron, Conveener, Master of Hospital, and seven
Deacons of the Incorporated Trades, and be applied to the uses and
purposes and in the manner mentioned in Dr. Guild's deed of
Mortification so far as is row practicable. That when there is room or
accommodation in the Hospital for any depauperate Freemen, Every person
of exceptionable moral character entitled to and applying for the
benefit of the Hospital funds shall be apprised that he will be received
into the Hospital under the conditions specified in the said original
Deed of Mortification, And as for some years past no person has been
found willing to live as a Beedman in the Hospital, in case persons
properly qualified and desirous of admission into the said Hospital,
shall not be found after every endeavour has been used for that purpose
for the space of two years, Then the managers shall have it in their
power to distribute the revenue or profits of the foresaid funds in such
way and manner as they may Judge most beneficial to the poor Tradesmen
of the whole Incorporated Trades, they being always of the description
and character required by the Original Deed of Foundation, But that the
funds shall never be applied but for the support of Beedmen in the
Hospital when such can be found. It being also understood that the
Trades shall still have right to hold their meetings in the Hospital as
they have hitherto done. And with respect to the other funds under the
administration of the Master of the Trades Hospital Found and Declared
and hereby Find and Declare, That they shall continue under the
management and direction of the patron and other members of the
Conveener Court as formerly and be distributed among the poor of the
Trades as they shall think proper and expedient. But with and under
these express conditions, viz., That all sums paid to, or expended in
maintaining a house keeper in the Hospital shall be charged against
these funds except when there are Beedmen in the house, in which case a
part of the expense shall be charged against the funds mortified by
Doctor Guild. That the Conveener Court shall not be obliged to admit
every person to the benefit of the Hospital funds who has been admitted
to the benefit of the funds of the separate Trades but shall have the
sole power of Judging and determining what persons Ought to be so
admitted, and every person applying to be settled on the funds of the
Hospital shall be obliged, along with his petition to produce a
certificate of his moral character to the satisfaction of the said
Conveener Court. And Finally That in case at any time the revenue of the
funds mortified by Dr. Guild, John Turner, and Dr. Patrick Sibbald shall
be insufficient for the maintenance of the Beedmen that may happen to be
in the Hospital, and the other necessary expenses, Then the deficiency
shall be made up from the other funds under the Master of Hospital's
Administrations. And Lastly in regard to the Bursars house mortified by
Dr. Guild's second deed of Mortification before mentioned Found and
Declared, and hereby Find and Declare That after the expiry of the
present Lease thereof It shall in future be always let by public roue
for a space not exceeding seven years at a time, after three consecutive
advertisements in the Aberdeen Journal. That no person shall be admitted
to the benefit of that foundation unless he produce proper certificates
of his answering the description therein. That two months previous to
each sitting of the College due intimation shall be given by the master
of the Hospital to the Deacons of the several Trades, to be by them
communicated to their respective Corporations what burses on this
foundation are open for candidates, and that when no Candidates properly
qualified do claim the benefit of these burses, the free rent of the
house shall be applied for extinguishing the debts affecting the house
and for increasing the fund ; And in case of a proper observance of the
rules and regulations above set down: Prohibited and Discharged and
hereby Prohibits and Discharges the haill Defenders and all others their
successors or those claiming their right in time coming from further
challenging, troubling, or molesting the pursuers and their successors
in office thereanent. Because after Elapsing of the diets of compearance
contained in the foresaid Summons the same was called in common form,
and in regard there was no appearance then made for the Defenders the
Summons was Ordained to be inrolled in the Regulation Roll, which having
been done accordingly the same in course thereof was called in presence
of the Lord Woodhouselee Ordinary in the Outer House upon the said Tenth
day of March One thousand eight hundred and three years the date hereof,
when Mr. Robert Craigie Advocate Procurator for the said Alexander Baron
Represented, That the present process had been raised in his name
without his consent or approbation. That on the contrary he highly
disapproved of the procedure and then produced a signed disclaimation.
To which Mr. Adam Gillies Advocate the Pursuers Procurator answered That
altho Mr. Baron had thought proper to disclaim the process yet the other
Pursuers were entitled to proceed therewith so far as they were
interested, and repeated the Libel and Craved Decreet at their instance
in terms thereof. And the Defenders being not only lawfully Summoned to
said Action in manner fore-said, but also the said day several times
called by a Nacer from the Barr, as use is to have compeared and
defended, but being still absent and failing to appear, The Lord
Ordinary Allowed the name of Alexander Baron as a Pursuer to be
withdrawn from the Process; And Decerned at the instance of the other
Pursuers conform to the conclusions of the Libel. And so the said Lord
Ordinary and by him the Lords of Council and Session aforesaid Gave and
Pronounced Decreet and Sentence in the said matter, Finding, Declaring,
Ratifying, Confirming, Prohibiting and Discharging in manner foresaid,
and ordain Letters of Horning on fifteen days charge and all other
Execution necessary and competent to pass and be direct hereon inform as
Effeirs. Extracted upon this and the Twenty three preceding pages By
this for the Record. (Signed) Ja. Colquhoun, 6th April, 1803. Clerk's
fees marked paid and Dect. compared. (Signed) John Alexander. Extracted
on this and the Thirty two preceding pages, by me, Deputy Keeper of the
Records of Scotland. Declaring that the word "which" on the seventh line
counting from the top of page eleven hereof was delete before
authentication.
(Signed) JOHN C. CHRISTIE.
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