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Scottish Court of Session Decisions >>
The Weavers of Hawick v The Bailies. [1683] 3 Brn 480 (6 December 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030480-0720.html Cite as:
[1683] 3 Brn 480
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 6 December 1683
The Weavers of Hawick v. The Bailies
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Some Weavers of the Town of Hawick, to the number of nineteen, being fined and imprisoned by their Bailies, for breaking the 43d Act, Parl. 1661, by their working linen-cloth narrower than an ell and two inches; they present a bill of suspension and charge to put at liberty: which is refused; because they had not, conform to the Act of Sederunt, 21st July 1675, by an instrument, intimated to the incarcerators that they were going to present such a bill.—Though that Act seems only to speak of creditors imprisoning their debtors by letters of caption.
Whereupon the Weavers having obeyed the Act, and intimated by an instrument; on the llth December 1683, Forret reported the bill of suspension to the Lords: who refused it; and ordained them to depone if they had wrought any linen under that breadth; (for each was fined in £20 Scots, and imprisoned for their contumacy in not deponing, and till they should pay their fine;) though it was alleged, what they wrought under that standard was at the desire of the ladies and other owners of the webs, for their own private use, and they knew it was neither intended for markets nor to be transported abroad. Which seemed to be all that the Act of Parliament designed to obviate; yet the Lords thought it might afterwards come to markets or be transported. And they also found the Bailies competent to fine them, though only judices pedanei of a barony. See the Act or Proclamation of Privy Council anent manufactories and weavers, dated llth April 1681.
