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Corporation of Shoemakers of Edinburgh v William Murray. [1766] Mor 1962 (4 July 1766)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/Mor0501962-081.html Cite as:
[1766] Mor 1962
The Privileges of Burghs and Burgesses. - Monopolies.
Corporation of Shoemakers of Edinburgh v. William Murray
Date: 4 July 1766 Case No. No 81.
It is lawful for a freeman to join stocks with an unfreeman.
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William Murray, freeman shoemaker in Edinburgh, having views to extend his trade, entered into a written agreement with Alexander Learmonth, tanner in Edinburgh, an unfreeman; the sum of which was, that each of them should advance a sum of money for carrying on their respective branches, and that the profit or loss on both branches should be divided equally betwixt them. This produced a complaint to the magistrates by the deacon and treasurer of the incorporation of shoemakers; subsuming, That by their seal of cause freemen are prohibited to pack or peel with unfreemen, or to be their partners, or to make conventions with them; and concluding against William. Murray a forfeiture of his freedom, &c.
‘The Court found the agreement lawful.’
It is indeed unlawful for a freeman to protect an unfreeman, by enabling him to work within the town for the service of the market. But it is not unlawful for a freeman to join stocks with an unfreeman for the mutual benefit of both, more than to borrow money from an unfreeman. To prohibit such an agreement would be to favour the opulent of a corporation, by debarring others to aid themselves with the money of strangers.
