Act, 28 December 1693, Edinburgh

Att Edinburgh the Twentie Eight day of December J^aj vj^c nyntie thrie

D1693/12/35

D1693/12/35¹

Act

Act The Countrie Fleshers Against The Candlmakers of Edinburgh

Anent a Petition given in to the Lords of their Majesties privy Councill be the Fleshers within the parishins of Musleburgh and Dalkeith for themselves and in name of the remanent fleshers in the adjacent Countrey parishes and places of the good toune of Edinburgh Shewing That quher it has been the prudent Designe of the government and of severall preceiding parliaments to disolve the mono-poly of such trads and incorporationes, whose Imployments did tend to the more Imediat sustinance of mankind to the effect ther might be ane frie exercise of these Imployments by all such tradsmen for the equall advantage of their majesties leidges, And that these necessaries for the support of man might be sold at ane equall and adequat pryce And albeit this so publict and Designe has not hitherto taken its wished and desyred effect, yet in relatione to the priviledge of Importing of Flesh upon the thrie Marcat dayes in the week to the good toune of Edinburgh ther has been ane Immemoriall Libertie and priviledges in favors of the petitioners and their predecessors in the freedome and optione of the Importers, which has hade this farr wished event that it has keiped ane equall ballance as to the pryce of both of Flesh Candle and leather, wher the disposall of these Commoditities of which Candle and leather are made was made to the free opportunity and occasione of all in these Imployments whither Liveing in the good toune or Countrey And albeit this freedome and priviledge be founded upon Immemoriall consuetude and possessione which of its self as the force of ane Laid, yet the petitioners are informed that the magistrats and Councill of the good toune of Edinburgh have at their oun hand lately made ane act Discharging all Countrey Fleshers to Import any Flesh into the good toune upon the said marcat dayes, Unles the Tallow at the same time be also brought in and the hydes likewayes which is obviouse to have proceided throw the pressing Importunity of the Candmakers and Tanners of designe to appropriate the sale to themselves of these Comodities at what rate they please, And therby not only to enslave the Countrey Fleshers by robbing them of the freedome of their trade, which without all Controll they have hitherto exerced, Bot likewayes by ane necessary Consequence therby designeing to ruine all the Countrey Candlmakers and Tanners and make ane monoply of the making of Candle and leather within the said good toune and as this their designe and act of the toune Councill upon which the same is founded in all due submission seem to be Contrare to law, and is attended with many Other inconveniencies that will therby inevitably arise to the Countrey fleshers, wherof it is not needfull to give the Saids Lords ane repetition; so the inconveniencie and prejudice that therupon will ensue to their majesties leidges is bot too obvious by raiseing the pryce of Candle and leather at the pleasure of those who designes this monopoly throw forceing the Import of the hydes and tallow, and of presenting them once to the Marcat so as these Commodities most Lye, (if not disposed off at what rates shall be offered therfore) till by perishing or spoilling they become of litle or no value to the utter ruine of the poor Countrey Fleshers Candlemakers and Tanners Which necessitates the petitioners in this exigency to make applicatione to the saids Lords in order to ane legall redress And Therfore humbly Craveing the saids Lords would take the petitioners case to their Serious Consideratione and will make inquyry in the premises and how farr this act of the toune of Edinburgh and the arbitrary practise of the Candlmakers and Tanners wherin the good toune against the Countrey Fleshers is ane incroachment upon that priviledge quherin they are founded by Law, and which if Tollerat to come to any greater hight will tend not only to the ruine of the Countrey Fleshers Candlmakers and Tanners But will necessarly be very prejudiciall to all their majesties leidges that frequents the good toune, And that the Lords would Lay doune such for the future as may adjust all differences in relatione to the premises and in the mean time will put ane stop to any legall executione upon the said act and Continue the suplicants petitione as formerly and if any any² deficulty occurr to the saids Lords in the affair That the Lords would allow ane hearing in ther oun presence of the petitioners by their procurators as the petitione bears The Lords of their majesties privy Councill haveing Considered a petitione given in to them be the Fleshers within the parishens of Muslburgh and Dalkeith for them selves and in name of the remanent Fleshers in the adjacent Countrey parishes and planes to the good toune of Edinburgh and answers therto be the toune of Edinburgh Tanners and Fleshers therof and both parties being called The petitioners Compeiring be Mr John Meinzies their advocat and the toune of Edinburgh Tanners and Fleshers therof Compeiring be Sir James Ogilvie The petitioners advocat Declared that in so farr as relates to the Tanners of Edinburgh he passes from that part of the bill and insists only against the Candlemakers Which the said Sir James Ogilvie Desyred to be marked The saids Lords of privy Councill haveing Considered the petition and answers made therto In so farr as relates to the Candlemakers only with the act of the toune Councill of Edinburgh of the date the twentie seventh day of september last Wherby It is statute and ordained that in all time comeing the Countrey Fleshers and others who bring in their Flesh to the marcat dayes shall heirafter be oblidged to bring in their rouch Tallow to be sold the saids marcat dayes with the flesh and that to the freemen Candlemakers and burgeses of Edinburgh and to non others till they be served under a certaine penalty They have Discharged and annulled and heirby Discharges and annulls the said act of the toune Councill of Edinburgh In so farr as concernes the Candlemakers and burgesses of Edinburgh and Continues the Countrey fleshers in their possession as formerly as to their Tallow notwithstanding of the said act.