Saturday, April 9, 2011

HE GUILDRY INCORPORATION.

The Guildry Incorporation was established for the protection and supervision of local commerce, and for the maintenance of the exclusive restrictions conferred on them by the early kings. These restrictions will be understood by a perusal of the Charter of William the Lion. The trade and commerce of the burgh at that time was large and prosperous, and afforded plenty of scope for active supervision. Violation of these restrictions was of frequent occurrence, and was severely punished, while the administration of the Guildry, from all accounts, was notable for its scrupulous observance of the powers and privileges conferred by Royal Charter. The Guildry Incorporation is supposed to date from the erection of Perth into a Royal Burgh, and to have been, from that time forward, a constituent part of the burgh and community. In the Charter of William the Lion of 1210, he granted authority to the burgesses of Perth to have a merchant Guild, and prohibited the manufacture of dyed or shorn cloth within the county—but only to those who were merchant Guild brethren. The next Charter was granted by Robert Bruce in 1316, and related particularly to the Guildry of Perth, but it has unfortunately been lost It is referred to in the Town's great Charter. It conferred considerable privileges on the merchant Guild. It was confirmed by Charter of David II. of 10th April, 1365. Robert III., by his two Charters, dated 2nd February and 10th May, 1398, conferred on the Guildry certain powers to prevent forestalling, and by one dated 1st March, 1406, confirmation was made to the Town Council and Dean of Guild of certain statutes, ordinances, etc. The James VI. Charter of 1600 confirmed previous charters. The Guildry Incorporation is of ancient origin, evidently co-eval with the Town Council itself. Regarding the mode of election of the Dean of Guild in early times, we are not positively informed, but the election of Magistrates and Council up to 1469 was annually by a poll of the whole burgesses. By the Act of 1469, the old Council was in future to choose the new. This might be called the termination of the representative form of election, and the adoption of the exclusive principle, at that time common. By this change the Town Council, in course of time, not only assumed the whole power, including that of the Guildry, in making laws, constitutions and ordinances, but arrogated to themselves the management of the Guildry and the Guildry funds, and in doing so disclaimed all responsibility to the Guildry or any other authority. The trades felt long and severely the effect of what the merchant majority in the Council called the " beautiful order." It was not until after a struggle of some years that the Guildry Incorporation succeeded in recovering from the Town Council the management of their finances; albeit the Council continued to hold unlimited sway over the Guildry until about the end of the eighteenth century. The Council's administration of the finances was discreditable, and involved the Guildry in considerable debt; but the Guildry in course of time recouped themselves, and after severing their connection with the Council gradually became a flourishing institution. The Guildry found it a difficult matter to recover their political privileges, or even the power to elect their own Dean of Guild or his Council. The act of 1469 deprived the Guildry of their right to choose their representatives to the Council by authorising the old Council to elect the new, The Town Council took advantage of the power given by the act, and not only elected the Dean of Guild but ordered the Provost and three bailies to be members of the Dean's Council, and the town clerk to be ex officio clerk to the Guildry. This latter point was not enforced. The Provost and three bailies have ever since sat as ex officio members of the Guild Court The Guildry on various occasions, but in vain, protested against this arrangement The quarrel between the Guildry and the Council as to who should elect the dean was referred to a committee, who reported that the Guildry had full power from its Charters to elect their own dean, and that they ought to do so. The Guildry adopted this report, and at once elected the dean. The Magistrates objected, and appealed to the Court of Session in 1815 by a petition of suspension and interdict It would appear that from the time the Guildry took the management of their affairs and finances from the Town Council a spirit of animosity had prevailed between them. This feeling was allowed to go so far that candidates for the Town Council were required to be decided about the rights of the Guildry, and were taken bound to consider these rights as subordinate to the Town Council before they were accepted as suitable candidates. The Court of Session granted suspension and interdict, and then followed a ludicrous scene in the history of the Incorporation The town clerk, Robert Peddie, had received the interdict He renounced his connection with the Wright Incorporation, and became a member of the Guildry by paying up the dues as a stranger. This move was to enable him to support the Council at Guildry meetings. A general meeting of the Guildry was held to consider the report as to their rights and privileges. On the report being read, Peddie got up and stated that he had a paper which as a notary public he was called on and would insist on reading. He was informed that as a notary public he had no business to be there, and the meeting emphatically declined to hear him. Despite the voice of the meeting, he excitedly demanded to be heard. The meeting deprecated in the strongest manner his title to speak one word in any other capacity than as a member of the Guildry. Peddie would not be put down, and disregarded the ruling of the chair. He persisted in reading the paper, though ordered to sit down, or be expelled from the meeting. He afterwards said his paper was a bill of suspension and interdict from the Supreme Court

This interdict formed the subject of litigation, and was obtained, they said, without their knowledge, and on misrepresentations. The Guildry, on the case again coming up, disclaimed any intention of disregarding the authority of the law, and denied having received any legal notice of the interdict, expressing indignation at the unwarrantable and insulting conduct of Peddie in attempting to intimate it and intimidate them. What the end of this quarrel was, or whether it was dropped by mutual consent, is not recorded. The Guildry evidently had the best of it, for to this day they elect their own dean. Coming down to 1827, the Guildry again appear to have got into trouble over the purchase of certain properties, and prepared a memorial for the opinion of Counsel. This document pointed out that the Guildry had subsisted as a corporate body from time immemorial. In the earliest preserved records of the city commencing in 1465, the name of the Dean of Guild appeared in the list of Magistrates, and the Guildry themselves were in possession of records showing that as far back as 1453 they existed and had meetings in this corporate capacity. At what time or by whom their original charter of constitution was granted is unknown, and they are now in possession of no deed of any description affording the information. About 1737 the Guildry purchased Craigma-kerran estate, and they hold heritable property in Perth. The income averages about £1,300 per annum, which is expended on weekly pensioners, and on the upkeep and management of their various properties. The primary object, however, for which the Guildry was established has long since passed away, and its function now is pretty much one of benevolence and philanthropy.

http://www.electricscotland.com/history/perth/vol2chapter17.htm

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