1815 - 1817 Scroll Book - Nine Incorporated Trades of Dundee

The Clerk of the Guildry Committee having read to the Meeting the minutes of the last general
meeting and the subsequent minutes of the meetings of Committee. The Minute of the Town
council of the ninth August last and the Minutes of the Toun Council of the twentieth March
Current Robert Jobson Esq moved the following resolutions which had been unanimously
approven by the Committee.
That an action of declarator shall be forthwith raised before the Court of Session in the name
of Robert Jobson Esquire Merchant in Dundee Dean of Guild elected by the Guildry
Incorporation, and of Messers William Bisset, John Watt, John Peter, Robert Thornton, John
Jobson, William Roberts, David Blair Junior, John Sturrock, Thomas Ivory, Thomas Smart,
Archibald Crichton and Alexander Whyte all Merchants in Dundee and assessors to the dean
elected by the said Guildry; William Ellet Merchant in Dundee Collector elected by the Guildry
and James Saunders Writer in Dundee Clerk elected by the Guildry for themselves and in
name and behalf of the said Incorporation concluding:
First That it shall be found and declared that the said Guildry Incorporation by their original
constitution were and still are entitled to elect by the suffrages of the said Incorporation, the
dean and assessors Collector and Clerk and generally every officer in the said Incorporation,
and declared that the Guildry have right to elect their dean, assessors Collector Clerk and
other officers, that the said dean of Guild and assessors and Collector and Clerk were on the
second day of October last legally elected by the Guildry Incorporation into their respective
offices and the Magistrates and Toun council of Dundee who have unwarrantably usurped
those privileges shall be prohibited and discharged from exercising the usurped powers in
future, that the Guildry may hereafter enjoy their natural and constitutional rights and
privileges without interruption.
Second That it shall be found and declared that the Guildry have the right to manage their
own funds and it being so found and declared that the Magistrates shall be decerned and
ordained to render a true account and reckoning to the dean and assessors elected by the
Guildry of their intromissions with the funds of the said Incorporation and to pay to the
Collector elected by the Guildry the balance which shall be found due to the said
Incorporation.
2d. That the Guildry Incorporation of Dundee having considered a memorial by the Nine
Trades of Dundee regarding certain alleged malversations in office by the Magistrates and
Toun Council or by certain individual members of that body with their consent and also the
opinion of Counsel obtained on said Memorial are of opinion that the civil action
recommended by Counsel should be instantly raised in name of the nine Trades, Guildry and
other Burgesses of the Burgh of Dundee against the Magistrates and Council as a body and
against the individual members against whom the accusation of malversation in office has
been made.
3. That if the Guildry Incorporation and Trades shall not obtain redress in the Courts of Law
in this Country a petition should thereafter be presented by the Trades, Guildry and other
Burgesses of the Burgh to Parliament praying for such an alteration of the Sett of the Burgh as
shall by the legislature appear to be just and necessary.
4. That a subscription be immediately entered into by the Incorporation to defray the
expences already incurred or that may be incurred in carrying these resolutions into effect.
5 th . That as the struggle to regain the rights and privileges of this Incorporation may last for
several years if the Magistrates and Council shall wantonly waste the public funds in opposing
the just claims of the Guildry it becomes necessary that some system be adopted to replace
any sums which may be drawn from the fund presently subscribed. Therefore the meeting
resolve that every Member of this Incorporation should contribute quarterly to the fund such
a sum as he can without Inconvenience pay.
6 th , That a Committee and a Treasurer be appointed to manage the Subscription Fund and to
give their aid in conducting the different processes against the Magistrates and Council which
Committee shall report to the Guildry Incorporation every three months the state of the
pending processes and the expence incurred.
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