1815 - 1817 Scroll Book - Nine Incorporated Trades of Dundee

these meetings have been convened by the Magistrates and Council, we are compelled in a
manner to acknowledge Mr Patrick Anderson as their only regular Dean of Guild – yet in
order to maintain the privileges of the Guildry so far as in our power, to show our strong
disapprobation of the measures so improperly adopted by the Magistrates, and to hand down
to posterity our firm determination to resist every incroachment on our rights, we protest
against Mr Patrick Anderson officiating at this meeting in the capacity of Dean of Guild; for
the following reasons:
1 st Because by the Law of the land, as well as by the terms of the different Charters erecting the
Guildry into a corporation, it is the undoubted right of the brethren of the Guild to elect their
own Dean. Whereas Mr Patrick Anderson has been forced upon us by the act of the
Magistrates, and the operation of an interdict of he Court of Session obtained by surprise and
in consequence of the most improper and unwarrantable representations.
2d. Because, by the terms of the Harbour statute it is not declared necessary that the dean of
Guild shall preside in the election of the harbour Commissioners; and because on such
election, therefore the Guildry would have been fully intitled (but for the foresaid interdict
irregularly and illegally obtained as it was) to elect their own Chairman.
3. Because so far back as the 9 th Augt 1815, the Provost, Magistrates, Trades and remanent
members of the Toun Council in full convention assembled pledged themselves by certain
resolutions solemnly adopted to give up to the Guildry the election of their own Dean, and
most cheerfully to concur in every measure necessary for the purpose; and because under
these resolutions, the Guildry even had their rights not been supported at common law must
necessarily have been entitled to the free election of their own Dean. And altho’ the
Magistrates and Toun Council by themselves alone, and without calling a full convention of
Council, or even giving any intimation of their intention, did afterwards pretend to rescind,
the foresaid resolutions of the 9 th August at a meeting on the 20 March last, yet the
proceedings of this Meeting so far as regarded the Guildrys choise of their own Dean were
altogether void; in as much as it is not competent for a meeting of the lesser Council to repeal
the measures of a full convention and still farther inasmuch as the said lesser council have no
right whatever to deliberate or to vote on any matters connected with the set of he Burgh;
which however the question as to the dean of Guilds election clearly was.
4. Because in these circumstances any application by the Magistrates and council or either of
them for an interdict against the proceedings of the Guildry being in the face of the foresaid
resolutions of the 9 th August (which resolutions have never been validly repeated) was not
only a gross breach of faith with the Guildry, but was likewise in itself highly illegal, and
altogether unwarranted,,,,, and tho’ its consequences must in the meantime, and under the
restraint of a higher power be calmly submitted to, yet there seems no doubt but that
complete redress will in the long run be obtained.
5. Because the foresaid application for an interdict against the Guildry was not even
authorised by an ordinary meeting of Council but was the simple act of a few private
individuals, whose interested views are known to every one, and whose zeal for the public
good is unfortunately more than questionable. In these circumstances therefore it was even
still more illegal than if it had been sanctioned by the lesser Council; and it would be a
palpable sacrifice of the rights of he Guildry to sanction even in appearance so grow a piece of
oppression unsupported as it is by all public authority.”
The protest was signed in the course of the day by almost every member of the Guildry.
Mr William Roberts the moved the following resolutions; which was seconded by Mr William
Lindsay.
1 st . That the Guildry being this day regularly convened their meeting sanctioned by the
Magistrates, Dean of Guild and their existence as a Corporation formally acknowledged by the
act of Parliament under which they have been called together,, they are entitled to resume all
their functions as a deliberating body.
This resolution being put to he vote “approve” or “disapprove” there voted disapprove
Patrick Anderson Dean of Guild
Thomas Davidson Depute Toun Clerk
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