CONTINUATION OF THE NARRATIVE,

FROM PAGE 374.

Proceedings of the Burgesses, Incorporated Trades, and Administrators of the Borough, for the restoration of its elective franchise-Proceedings before the Privy Council-Warrant granted to the Magistrates and Council elected at Michaelmas, 1816, to nominate the New Council, Magistrates, and Office-bearers, &c.

THE judgment which was pronounced by the court of session in A.D. 1818. the important question between the burgesses and the administrators of the town, as formerly noticed, having become final, the three baillies and three counsellors, who had been elected at Michaelmas, 1817, and had accepted, surrendered their several offices, in compliance with that judgment.

On the 20th of April, the burgesses, along with many respectable heritors and householders of the town, assembled in the West church, for the purpose of petitioning his Majesty for the restoration of a regular government to the borough. A petition having accordingly been prepared, was subscribed by nearly two thousand citizens, and, some days afterwards, transmitted to Lord Sidmouth, his Majesty's principal secretary of state for the home department, in order to be presented to the Prince Regent in council.

In the course of preparing this petition, a difference appears to have arisen between the members of the incorporated trades and the burgesses of guild, with regard to its terms, as not comprehending any reference to an extension of their political influence in the town council, or to the peculiar grievances of which they complained.

A.D. 1818. In certain resolutions* which they had previously adopted, they, among other articles, demanded, that, before expressing their concur

rence

[11th April, 1818.]—REPORT OF THE GENERAL COMMITTEE, APPOINTED BY THE SEVEN INCORPORATED TRADES OF ABERDEEN.

In laying the following Report before their constituents, the committee take the liberty of impressing on them the absolute necessity of having the common indenture of 1587 annihilated and laid aside. By this deed, the trades, for the last two hundred and thirty years, have been subjected to the vassalage and tyrannical oppression of the magistrates of Aberdeen; and, unless this indenture be now done away, any new constitution that may be obtained for the borough can only have the effect of amusing the fancy, without conferring any permanent advantage on the corporations.

With the understanding, therefore, that this obnoxious instrument shall be entirely kept out of view, in laying down the grounds of a new constitution for the borough of Aberdeen, the committee now beg leave to state the following as the result of their labours, in so far as regards the interest of the seven incorporated trades; and they may premise that, in the meantime, they have confined their deliberations to the subject of the privileges they should enjoy-the extent of their representation in council-the terms of entering with the town-and the mode of election of their represen tatives.

In the first place, then-As it is proposed that the trades should pay to the common good of the borough equally with the guildry, the committee conceive that it would be reasonable and proper that the two bodies should be on an equal footing in regard to the privilege of exporting and importing, dealing in merchandise, carrying on trade within the borough, and to the payment of customs and dues; and that unfreemen, whether merchants or tradesmen, should be obliged to enter with that particular body whose occupation they respectively profess.

Secondly-They recommend that the incorporations should have six representatives in counciltheir convener, ex officio, being one of that number; and that the other thirteen should be represen tatives of the guildry, making, in all, nineteen: And that all the counsellors, whether from the guildry or the trades, should be equally eligible to hold any situation in the council. It being understood, that the deacons of crafts shall go up to the council, and vote, according to use and wont, at the election of the office-bearers; and that the convener shall, at all times, be a member of council committees.

Thirdly-The committee propose, that the seven corporations should agree, that all entrants with them shall pay the same dues to the common good of the borough as those entering the guildry shall be obliged to pay ; but that no entrant trades' burgess shall pay any thing whatever to the guildry funds-it being provided, that the funds of the guildry and treasury of Aberdeen be kept entirely separate and distinct in time coming; and the committee recommend, that measures should be taken for the purpose of obtaining the annual publication of the treasurer of Aberdeen's accounts. It may also be stated, that it would only be fair in the corporations to give up any controul which they at present possess, by means of their counsellors, in the management of the guildry funds, which should be left entirely to the burgesses of guild. At the same time, it must be observed, as the guildry and the trades are to pay equally to the common good, or treasury funds of the borough, if ever it should happen that these funds, appropriated for the common good of the borough, should

rence in any application to be made to their sovereign, for restoring A.D. 1818. the elective franchise, the common indenture, which had, for upwards of two hundred and thirty years, marked the political line of distinction between them and the guildry, should be annulled and set aside; that they should thenceforward be on the same footing, with respect to the privilege of exporting and importing goods and commodities, of dealing in merchandize, carrying on trade within the town, and as to the payment of customs and shore-dues; that they should have six representatives in the council, their convener, ex officio, being one of that number; and that all the counsellors, whether members of the guildry or of the incorporations, should be eligible to hold any situation in the council, except the office of dean of guild. These fresh demands of the trades, so injudicious, and altogether incompatible with the nature of the respective privileges* of the guildry and of the incorporations, could not, with pro

accumulate to more than what is necessary for the ordinary expenditure, and should afford the means of support to the indigent, (as has been the case in other boroughs,) that the members of the seven incorporations will be equally entitled with the members of the guildry to the benefit of these funds.

In the fourth place-The committee have only to recommend, on this point, that the representatives of the seven corporations in council should be trades' burgesses only, and not burgesses of guild, and that they should be elected and sent up by the seven trades themselves. With regard to the "particular mode of election by the seven corporations, the committee have not come to any decided resolution."

The above report was approved of by the general meeting of the seven corporations, held on the 16th April current; and the unanimous thanks of the meeting were voted to the committee, for their assiduous and persevering exertions in endeavouring to procure a liberal constitution to the borough.

* In few royal boroughs of the kingdom are the respective rights and privileges of the guildry and of the incorporated trades so distinctly defined as in that of Aberdeen. Though these now form an integral part of the constitution of the borough, and participate in the political influence of the town council, their ancestors derived their rights and privileges from the burgesses of guild, by whose concessions they afterwards acquired, during an early period, certain immunities, and also the privilege of inland trade, which, by the then existing laws and usages, was confined to the guildry solely. This and every other privilege which was confirmed to them by the decree arbitral on the common indenture, formerly noticed, they inherit from their ancestors, but beyond that they can have no just pretension. For this extended privilege, and towards the expense of supporting the dignity of the borough, they, by that solemn compact, reciprocally made by them and the guildry,

A.D. 1818. priety, be acceded to, on the part of the burgesses. They evidently had a tendency to remove that line of distinction between them, which had been so long observed; to destroy the balance, so carefully poised, between the merchants and trades; and even to undermine the ancient set and constitution of the borough. The burgesses of guild, therefore, resisted every attempt to introduce, in their petition, the conditions upon which the artificers desired a restoration of the civil government of the borough. The consequence of this was, that the members of the corporations declined to have any further political intercourse with the burgesses; and few, if any of them, signed the petition. Being thus frustrated in their attempts to acquire additional privileges and immunities, to which they could have no just pretensions, and to extend their influence in the political affairs of the borough, they adopted separate measures; and prepared and transmitted a petition from themselves to the Prince Regent. In the meanwhile, the members of the town council, who had been duly elected at Michaelmas, 1816, and had served for the subsequent year, were advised to present to their sovereign a memorial or submission, stating the error or informality which had been committed in the election of their successors, whereby that election had been annulled by the supreme court, and the borough left without a regular magistracy; therefore praying that his Royal Highness, by and with the advice of his Majesty's most honourable privy council, would interpose such remedy as to his wisdom might seem fit.

This memorial was afterwards supported by a petition from a small number of burgesses, and others, praying that the Prince Regent would, according to the plan which had been adopted by his royal predecessors on some previous occasions, grant an order to the

town

agreed to pay certain compositions to the dean of guild and the treasurer, upon their admission to the respective corporations. Hence those restrictions, and the payment of those compositions, which the incorporated trades now consider as real grievances and objects of serious complaint, without reflecting upon their nature, or the circumstances under which they originated. When laws are made and customs are established, these must be the rule and the guide.-[Vide Charters from King William, from Alexander II. & III. vol. i. p. 8, 9. 11, 12, 13.—Acts of Parliament, vol. ii. p. 49. 86. 178. for the years 1457. 1466. 1487.—and Common Indenture, vol. ii. p. 448.]

town council who had retired from office at Michaelmas, 1817, to re- A.D. 1818. assemble and elect their successors, conformable to the usual practice.

On the 9th of May, this interesting case, of so much importance to the citizens of Aberdeen, and even to those of other royal boroughs in Scotland, in a similar situation, came to be heard, by eminent counsel, before the lords of his Majesty's privy council. The petitions which had been presented, were taken up in the following order.---The two first were the memorial and submission from the members of the old council, and the petition from the few burgesses, and others, formerly noticed; the third petition was from the burgesses at large, and the inhabitants, "praying that his Royal Highness, in order to restore a regular magistracy to the borough, would grant his warrant for a poll election by the whole burgesses; and, as a remedy for the grievances of which they had so much cause to complain, in the present mode of election, and of management of the public affairs of the borough, that he would also concede to them the privilege, thenceforward, of electing, annually, in the same manner, a majority of the town council." The fourth petition was from the incorporated trades, framed nearly in the terms of their resolutions, already noticed.

After counsel had been fully heard in support of these several petitions, they were ordered to be transmitted, along with the various papers and documents to which they had reference, to the lord advocate of Scotland, and to the attorney and solicitor general of England; with instructions to prepare a report, and opinion thereon, for the information of the privy council. These reports having accordingly been prepared and presented, the case came under the final determination of the privy council upon Monday the 3d of August, when his Royal Highness, having taken these reports into consideration, was pleased, in the name and on the behalf of his Majesty, and by and with the advice of his privy council, to approve thereof, and to "order, that, for restoring the peace and good government of the borough of Aberdeen, the same persons who might have elected the magistrates, counsellors, and other office bearers of the said borough, on Wednesday the 24th of September last, or such of their number as

may