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The Girdlemakers of Culross v The Laird of Valleyfield and his Feuars. [1688] 3 Brn 680 (12 July 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030680-1051.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 12 July 1688
The Girdlemakers of Culross v. The Laird of Valleyfield and his Feuars
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The debate betwixt the Girdlemakers of Culross and Valleyfield is reported by Mersington. The former, by their declarator, craved Valleyfield, and all others, might be discharged to make any girdles; in regard, by a letter of King James the VI. in 1599, and a gift from King Charles the II. in 1666, the sole privilege was given to them, for their encouragement; they being the first inventors. Answered,—This resolved into a downright monopoly; which is prohibited, l. unic. C. de Monopoliis; and the most that ever was done, was to grant temporary ones, but not perpetual; see the case of Sir Geills Mompesson, in Rushworth and Baker; for they are against public utility: and the defenders were feuars to Valleyfield, whose lands were erected into a barony; and, by a charter in 1662, before their gift in 1666, he had the privilege of keeping girdle-smiths, [craticularum fabros;] and that every burrow or Baron might set up what tradesmen or artificers they pleased, it being a natural consequent of the liberty of the subject, and the reward of virtue and industry, to improve trades, and hinder extortion in prices, ubi vivitur ingenio; and King James's letter is only to stop unfreemen to work within Culross, otherwise any corporation might get a gift to hinder all others within Scotland but themselves.
The Lords, before answer, recommended to Drumcairn to take trial if the girdlemakers of Culross have any other trade or craft than that of making girdles, and at what prices they sell the same; and likewise to try if the men in Valleyfield do make sufficient girdles, and at what prices they make the same, and if they have any other trade than making of girdles; and if they were in use of making girdles before the resignation whereupon Valleyfield's charter proceeded.
