1815 - 1817 Scroll Book - Nine Incorporated Trades of Dundee

and Council, with the advice of the Nine Incorporated Trades unanimously passed the
following Act of Council.
At Dundee the 9 th day of August 1815 Which day the Provost, Magistrates, Trades and
remanent members of the Toun Council of Dundee, being met and convened in Council
consulting upon the affairs of he Burgh, and the communications from the Guildry having
been again considered; and it appearing that the Guildry now rest their claim solely on their
Chartered rights – the Council on the most mature deliberation fully recognise;
Firstly; The justice and expediency of the Guildrys resuming the election of he Assessors of the
Dean of Guild, their Collector and Officer and the management of their own funds; and
Secondly. The justice and expediency of the Guildrys electing the Dean of Guild; but from the
length of time that has elapsed since they exercised that right, the Council at present, are not
prepared to say that a recognition of it by them alone would be sufficient to enable the Guildry
to exercise it effectually now, or to enable the Council to receive, as one of their members, the
Dean elected by the Guildry. In stating this, however, the Council desire to be distinctly
understood that they intend not to oppose any barrier to the resumption of the Guildrys right.
Their object on the contrary, is to have them placed on legal and incontrovertible grounds;
and it is obviously the interest of the Guildry as well as the duty of the Council, to take care
that the Dean of Guild – who, besides acting as a member of the Council has to discharge
judicial duties of high importance to the community, in which he has the exclusive jurisdiction
– shall be elected in such a manner as to leave no apprehension or doubt as to the legality of
his acts as a Counsellor, or of his Decrees as a Judge.
For this purpose the Council will most cheerfully concur with the Guildry or their Committee
in adopting such measures as shall be found requisite to insure to the Guildry the right of
electing the Dean, and to the Council the power of Receiving the Dean as elected; that he may
take his seat in Council, and perform the duties of his office in such a way as shall protect the
election and the acts consequent thereon from every challenge. The Council direct an extract
of this Minute to be transmitted this day to the Guildry Committee; and authorise the Toun
Clerks to give out and enact accordingly.
That the opinion of eminent Counsel having been afterwards taken, on a Memorial and
queries prepared by the Agents of the parties, it was recommended that an application should
be presented to the Magistrates and Council, the Guildry and the Nine Incorporated Trades, to
the Honourable the Convention of Burghs, to ratify and approve of an alteration of the set of
the Burgh, to the extent prayed for by the Guildry, and so warmly approven of by the
Magistrates and Council. Counsel also gave it as their decided opinion, that the set of the
Burgh could be legally altered in that manner; and that the sanction of the Honourable the
Convention of Royal Burghs was all that was necessary, by the established law of the country
to authorise he alteration required.
That the Magistrates and Council who were elected at Michaelmas 1815, although composed
(with the exception of two members) of the same persons as the Council of the preceding year,
did, on the 20 th March 1816, pass the following act of Council rescinding the Act of the 15
august preceding.
At Dundee the 20 day of March 1816 Which day the Provost, Magistrates and remanent
members of the Toun Council of Dundee being met and convened in Council consulting about
the ordinary affairs of the Burgh, Mr David Blair, a Merchant Counsellor, moved that the
Minutes of the Council, dated the ninth day of August last, be read by the Clerk; which motion
being seconded by Mr Isaac Watt, also a Merchant Councillor, the minutes were read
accordingly. After which, the said Mr David Blair represented, that it appeared to him, that
these minutes made certain admissions and concessions in favour of the Guildry which were
quite unwarrantable; and referred to certain chartered rights that the Guildry were supposed
to possess, which were not before the Council and which either never had any existence, or
had gone entirely into desuetude and been departed from for much more than a century
bypast. That, in his opinion, the tendency of the resolutions contained in these minutes was to
unhinge the constitution of the burgh, and throw every thing established by legal authority
and long tried expediency into anarchy and confusion; and that the councils agreeing to
concur with the Guildry, or their Committee in adopting the measures mentioned in these
minutes, was extremely unguarded and contrary to law. That the opinion of Lawyers had been
obtained on a Memorial and Queries for the Toun Council and Guildry, which were fully set
forth the chartered rights above alluded to; but the lawyers did not consider these rights to be
35