BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Duke of Hamilton v The Town of Linlithgow. [1680] 3 Brn 332 (4 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030332-0436.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Duke of Hamilton v. The Town of Linlithgow
Date: 4 February 1680
Click here to view a pdf copy of this documet : PDF Copy
Duke Hamilton raises a declarator against the Town of Linlithgow, that he had the liberty and privilege of a free port and harbour at his regality of Borrowstowness, and might load and unload there, notwithstanding that the King's customhouse, which hath been these thirty years at Borrowstowness, is now removed to Blackness, and that the Town of Linlithgow are building a pier and harbour at Blackness.
Alleged,—By the 84th Act, Parl. 1503, and 24th Act, Pari. 1633, the merchants must only pack and peil at free burghs: now, loading and unloading is the same thing with packing and peiling: (This was denied by the Duke's advocates, who called “packing” the stowing of goods in packs, and “peiling” they did not agree what it meant: some thought it was the furring of goods like a pile of wood:) and Borrowstowness is not a free burgh.
Answered,—By the Act of Parliament 1672, burghs of regality and barony have all the privileges of burghs royal, except as to some staple commodities, and so may load and unload. 2do, Blackness is not so commodious a haven as Borrowstowness.
Replied,—Since that fatal Act of Parliament, the burghs have ever reeled, as exceedingly abridged in their privileges; but it does not extend to this case; and Blackness is a more convenient station for ships.
This being advised on the 10th of Feb. the Lords, before answer, ordained a visitation to be made of both harbours, and whether Blackness is a more capacious and secure receptacle for ships than the other; as also probation to be led anent the Town of Linlithgow's possession and custom of going, loading, or unloading at Blackness, or at Borrowstowness,
