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THE constitution of the
Town Council, confirmed by the Common Indenture, remained unaltered
until the Burgh Reform Acts. For over three centuries the craftsmen
elected two of their number to be constituent members of the Council,
while six of the deacons had power to vote at the election of
magistrates and office-bearers. The six trades who exercised this
privilege were the Hammermen, Bakers, Wrights and Coopers, Tailors,
Shoemakers, and Weavers, the Fleshers not being incorporated with the
others until after the "sett" of the burgh was fixed. Although there
were continual bickerings between the Town Council, the Guildry, and the
craftsmen, notwithstanding the Common Indenture, it was not until 1801
that a serious dispute occurred, when a litigation took place that was
carried to the House of Lords. This litigation deserves special notice
because of its bearing upon the position of the Trades in regard to
their private funds.
The Town Council
appointed a committee to consider "the amount of the compositions at
present paid by craftsmen belonging to the different corporations upon
their being admitted freemen thereof, and the propriety of augmenting
such compositions." This committee's report, which was given in on 21st
September, 1801, narrates that in October, 1641, the Council ordained
and appointed that every person, an extranean, admitted a free craftsman
should pay for his coin-position £100 Scots, and apprentices within the
town £50 Scots each, besides appearing at the time of their admission
coinpletely armed with musket and sword, to be sworn as their own
property. By another Act of Council in 1643, it was statute and ordained
that each craftsman should pay for his composition 200 merks, and
apprentices 100 merks, and that craftsmen marrying a burgess of Guild or
free craftsman's daughter should pay only 80 merks, all of them
furnishing arms as already described. In 1665 it was reported that
former acts and resolutions respecting the admission of craftsmen and
the amount of their compositions had not been duly observed and attended
to, and it was of new appointed and ordained "that each craftsman
extranean, at his entry, should pay 200 merks of composition, with a
pick or £4 Scots therefore, for the use of the town's magazine, and
apprentices as formerly; and that the acts relating to the sons of free
craftsmen, and also those who had married the daughters of burgesses of
Guild or craftsmen, shall remain the same." From an examination of the
Guildry accounts from 1641 to 1681, it was found that the composition
payable by the craftsmen at their entry, notwithstanding these Acts of
Council, had been "various and arbitrary." The amount paid was sometimes
200 merks, sometimes 100 ruerks each; and that without any cause being
assigned for such variation or reduction. From 1681 down to 1801 the
composition payable by extranean craftsmen appears to have been reduced
to £40 Scots, and by apprentices £24 Scots, with five shillings each for
arms money. The Town Council's committee, therefore, resolved to
recommend, " after deliberately considering the result of their whole
examination, as well as the great decrease in the value of money since
the compositions payable by craftsmen at their entry were last
established, and particularly that the whole of the corporations in
place of 20 merks specified in the said Indenture have for many years
past exacted from each entrant a much larger sum, as high as £10 or £12
sterling, without ever accounting for or paying to the Dean of Guild any
more than two-thirds parts of the said 20 merks, the committee were
unanimously of opinion, except Deacons Smith and Henderson, that the
compositions at present payable to the Guildry for the Common Good by
entrant craftsmen are considerably too small, and that they ought to be
augmented or at least restored to what they were settled at in the year
1643, with ten shillings sterling in name of arms money as an equivalent
for what arms they formerly were obliged to furnish at their own
expense. The committee therefore recommended—(1) That all the deacons
should be ordained to lodge annually a statement with the Dean of Guild
or Town Clerk of the compositions actually paid to the trades by each
entrant, and to pay over two-thirds part of every composition in terms
of the obligation incumbent on them by the Common Indenture; (2) That
the second or younger sons either of burgesses or craftsmen shall be
admitted freemen of the craft which they profess for payment to the Dean
of Guild of 20s. sterling of composition, besides the said sum of 10s.
for arms money, and that the eldest sons should only pay arms money but
no composition; (3) That all apprentices who shall have served and
completed a regular apprenticeship to free craftsmen within the burgh,
and whose indentures have been recorded in the town's books within
twelve months after the date thereof should be entitled to be admitted
free of their respective crafts for payment of one-half of the
composition above stated, besides arms money, and two-thirds part of the
composition actually paid by them to the craft to which they belonged;
(4) That all craftsmen who have married the daughters either of another
free craftsman or of a burgess of Guild should be entitled to be free of
the respective crafts to which they enter for payment also of one-half
of the sum payable by extraneans, and that such persons who enjoy both
the above privileges of apprenticeship and marriage shall be entitled to
be admitted for payment of one-fourth part of the composition."
This report was approved
by the Town Council, and they appointed that the deacons of the several
crafts should lodge a particular account and statement of such persons
as had been admitted and received members of their respective
corporations for the year preceding, and of the compositions actually
paid to the trade by such entrants; and they also appointed the deacons
to account for and pay over two-thirds part of every such composition in
terms of the Common Indenture.
It was this Act of
Council which led to the litigation that was carried to the House of
Lords, and which lasted for a period of fourteen years. Several serious
issues were involved. By this time the Trades had instituted a widows'
and other benevolent funds for the benefit of their own members, and the
additional sums received from entrants over and above the compositions
to the town were paid into these funds. The Trades were willing to pay
the composition, but they denied the right of the town to any share of
the entry money which was voluntarily paid by entrants into the
benevolent funds of the Trade. A memorial presented to the Town Council
by the Trades sets forth their case as follows:—
These compositions are
exactly of the same nature as a price or feu-duty paid by the craftsmen
in consideration of certain privileges of trade at that time conferred
on them by the decreet arbitral, and thereby secured to be enjoyed by
them ever afterwards. It is therefore clear that the Town Council have
no better right to raise these dues on account of the decrease of the
value of money than they would have right to increase the feu-duties of
such estates as were feued off by their predecessors at that ancient
period. And it is equally clear that these compositions cannot
consistently with their rights as a legal body be augmented without at
the same time proportionally enlarging their privileges.
From the whole tenor of
the submission and decreet arbitral it may be seen that these
compositions are exactly of the same nature as that above described, and
that the craftsmen had no other object in view, nor obligation incumbent
on them, in paying these compositions than solely the privileges of
trade thereby conferred on them.
In the next place, the
memorialists may observe that it is not in the memory of any person
alive that any of the trades which the memorialists represent have of
themselves increased the present compositions properly so called paid
into their funds ; any increase of entry money which they have made is
allotted and paid into particular funds destined for charitable
purposes, for which the members derive an equivalent advantage; for
instance, entrants pay to a fund lately established from £15 3s. to £6
6s. each, according to their classes, for which their widows receive an
annuity for life. But surely it would be remote from your honours' views
to lay any claim to a share of such funds as these, as if they were
compositions, or to maintain that, because the entry money payable to
the funds of the corporations is augmented to answer charitable
purposes, it should follow as a consequence that a sum which is paid as
a fair price for certain privileges should also for that reason be
augmented. This decreet arbitral has fixed and settled the principle
that these compositions could not be altered without the consent of both
parties, and with their consent it must therefore be presumed that any
alteration of these compositions was made.
It will be seen that this
was a matter of vital importance to the Trades. It involved the future
prosperity of their respective benevolent funds, and they accordingly
raised an action in the Court of Session to have it declared that the
Town Council had no power or authority at their own hands to augment or
increase, vary or alter, the fees or dues payable on the admission of
craftsmen to the exercise of their respective Trades; that the
augmentation or increase of the fees or dues is extravagant, and if
there is any ground for alteration or variation thereof in any respect,
or any power for that purpose but an Act of the British Legislature, the
same ought to and should be modified and restricted, and a regular table
of such fees established upon ,just principles of law and equity.
A cross action was raised
by the Town Council to have it declared that in virtue of the Charters
and Acts of Parliament in favour of the burgh, the Town Council had full
power and authority to augment or increase, vary and alter, the fees or
dues payable to the town on the admission of craftsmen to the exercise
of their respective Trades; and, in particular, that it should be
declared that the Act of Council of the 21st September, 1801, is valid
and effectual, and that in virtue thereof the Town Council and their
successors in office have full power and authority to exact and levy the
whole dues and fees thereby established, and to insist for implement of
the other conditions and regulations contained in the said Act of
Council.
Both actions were heard
before Lord Newton, who had previously suggested the propriety of a
counter declaration being brought at the instance of the magistrates
with a view to enable therm to vary the rate of dues. As the papers in
these two actions cover over five hundred pages of foolscap it is
impossible to do more than give the decisions. It may be here explained
that the craftsmen regarded the action of the Town Council as an attempt
to obtain a "grip" over their funds such as they possessed, and still
possess, over the Guildry funds. The Council, it is true, repudiated any
such intention; but the instructions to counsel that were prepared on
behalf of the Trades leave no doubt that such was the impression among
the craftsmen at this time. On July 4th, 1807, Lord Newton pronounced
the following interlocutor:—
The Lord Ordinary of
consent of parties allows a Summons of Declarator at the instance of the
Magistrates and Council of Aberdeen against the Incorporated Trades of
Aberdeen, to be repealed incidentor in this process; conjoins the two
actions ; and in respect it is not denied that the exigencies of the
burgh require the increase of dues complained of by the Incorporated
Trades, assoilizes the Magistrates and Town Council from the declarator
at their instance, in so far as regards the dues payable to the Guildry
of the town in name of composition for entry; but finds that the
Magistrates have no right to claim from the Trades any further part of
the composition paid by intrants to the Trades than the sums specially
fixed in the Common Indenture, and which the town have been in use to
receive past memory; therefore decerns and declares in terms of the
declarator at the instance of the Trades, in so far as respects the
composition paid by the intrants to the Trades; and decerns and declares
in terms of the declarator at the instance of the Magistrates, in so far
as respects the sums paid by the intrants to the Guildry in name of
entry ; superseding extract till the first sederunt day in November
next.
Against this interlocutor
both parties gave in representations, and on 11th March, 1808, the
following interlocutor was pronounced :—
The Lord Ordinary, having
considered the representation for the Incorporated Trades of Aberdeen
with the answers thereto for the Magistrates and Town Council of
Aberdeen together with the counter representation for the Magistrates
and Town Council with the answers thereto for the Incorporated Trades ;
in respect the power of the Magistrates of Aberdeen to augment the dues
of entry of Guild burgesses has been recognised by a solemn judgment of
this court in the case of Duncan against the Magistrates, finds that,
upon the same ground, they are entitled to raise the dues of admission
upon Craftsmen burgesses when, as is admitted in the present case, the
exigencies of the burgh require such augmentation, as the same is not to
be considered of the nature of a custom or tax, but as a reasonable
price or compensation for the advantage which the Guild burgesses or
craftsmen burgesses are to derive from their admission into the
incorporation; therefore adheres to the former interlocutor, assoilizing
the Magis trates and Town Council from the action of declarator and
reduction brought at the instance of the Incorporated Trades against
them, in so far as regards the dues payable to the Guildry in name of
composition for the entry of craftsmen burgesses : 2nd—Finds that, upon
a just construction of the decreet arbitral of 7th July, 1587, which
usually passes by the name of the Common Indenture, the Dean of Guild or
Magistrates of Aberdeen are entitled to demand from the Deacons of the
incorporations two-thirds of the sum which is exacted by them on the
admission of intrants into their incorporation, and that the sum
acclaimable by the Dean of Guild or Magistrates is not to be limited to
two-thirds of the sum of 20 merks, which at that time was in use to be
exacted for said admissions; and in so far varies the former
interlocutor as to decern and declare in the declarator at the instance
of the Trades that the Magistrates and Dean of Guild are entitled to
demand two-thirds of the sum actually paid for the admission of
craftsmen into the incorporations ; and with this variation adheres to
the interlocutor brought under review, and refuses the desire of both
representations. And, as the case has now and formerly been very
deliberately considered, dispenses with any representation against this
interlocutor. But supersedes extract till the third sederunt day in May
next.
The Trades were not
satisfied with this decision, although it defined their position more
satisfactorily than ever it had been, and an appeal was carried to the
House of Lords. Their lordships, however, confirmed the judgment of the
Court of Session, giving the Town Council power to increase and vary the
amount of the composition. The Trades, however, now knew how they stood.
Whatever rate was fixed by way of composition to the Common Good could
not interfere with any sums they might choose to levy on entrants as
contributions to their benevolent funds. Their right to possess such
funds was recognised, and, so long as they paid the composition
demanded, the Town Council could not interfere in any way with them.
Fourteen years after the
dispute began—and a costly dispute it proved to both parties—the
following arrangement was arrived at between the Town and the Trades in
regard to this vexed question :-
At Aberdeen, the
twenty-sixth day of September, Eighteen hundred and fifteen years, in
presence of the Town Council.
Which day the Provost
stated to the Council that several meetings had lately taken place
between the Magistrates and the delegates appointed by the Incorporated
Trades with the view of bringing about an amicable settlement of the
claim of the Dean of Guild for his proportion of compositions payable to
the Trades on the admission of intrant members agreeably to the decreet
arbitral in 1587 (usually called the Common Indenture) and the decreet
of the Court of Session, afterwards affirmed by the House of Lords ;
that he had now the satisfaction to inform the Council that an
arrangement had been concluded between the parties whereby it was
proposed that the Dean of Guild should receive two hundred pounds in
full of all claims for bygone compositions, and that in future the
compositions (whereof two-thirds to be paid to the Dean of Guild) should
not be less than what is contained in the resolutions of the delegates
after engrossed.
That a minute agreeable
to this arrangement had been drawn up and agreed to by the delegates for
the Trades, and it was the opinion of the Magistrates that the terms
therein stated are fair and reasonable for both parties and should be
acceded to by the Council. Which having been considered by the Council
they unanimously approved of the Magistrates' procedure in this business
and the arrangement recommended by them in the terms of the minute now
laid before them, and they authorise the Dean of Guild on payment of two
hundred pounds to discharge the incorporations of all claims he might
have for his proportion of bygone compositions paid to the Trades
preceding the date hereof, and appointed the said minute to be recorded
in the Council Register for preservation, of which the tenor follows,
viz.:-
"Trinity Hall, the
twenty-third day of September, Eighteen hundred and fifteen. At a
meeting of the delegates appointed by the seven Incorporated Trades of
Aberdeen for endeavouring to settle with the Magistrates respecting the
Dean of Guild's proportion of compositions payable to the Trades on the
admission of intrant members in terms of the Common Indenture. Convener
Nicol in the chair. Having resumed consideration of the subject of said
composition, and the terms of the Common Indenture, 1587, and decreet of
the Court of Session dated 4th July, 1807, 11th March, 1808, and 10th
February, 1809, afterwards affirmed by the House of Lords, and having
communicated with the Magistrates relative thereto, the said delegates
unanimously resolved:-
"That the seven Trades
shall pay to the Dean of Guild two hundred pounds sterling in full of
all demands for his proportion of bygone compositions paid to the Trades
on the admission of intrant members preceding the twenty-sixth day of
September current.
"Unanimously resolved
that from the date hereof and until the thirty-first day of December
next, every extranear intrant shall upon his admission pay to the
Boxmaster two pounds sterling and each apprentice one pound sterling in
name of composition.
"Unanimously resolved
that from and after the said thirty-first day of December next all
intrants shall be obliged upon their admission to pay to the Boxmaster
in name of composition sums of money not less than the following, viz.:—Extranears
ten pounds sterling; apprentices five pounds sterling; and all freeman's
sons-in-law two pounds sterling each—and that two third parts of all the
said compositions be paid by the Deacon or Boxmaster to the Dean of
Guild agreeably to the Common Indenture.
Unanimously resolved that
a minute to the above effect be entered in the Sederunt Book of each of
the said Trades. (Signed) William Nicol, Convener; William Milne,
Hammermen; Alex. Barron, Baker; George Gibb, Wright and Coopers; Geo.
Anderson, Jun., Tailors; William Marr, Shoemakers; Jas. Henderson,
Weavers; Alex. Neilson, Fleshers." |
