Legal Definitions - Dean of Guild

The Dean of Guild was a historical official in certain chartered towns and cities in Scotland, known as burghs. This individual served as the leader of the local Guild or Merchant Company, which was an association of merchants and tradespeople within the burgh. Their primary legal responsibility involved resolving disagreements related to sea trade (maritime disputes) and general business dealings (mercantile disputes) among the burgh's inhabitants.

Here are some examples illustrating the role of the Dean of Guild:

• Example 1: A Maritime Shipping Dispute

  Imagine two shipping merchants in a Scottish burgh during the 17th century. Merchant A contracts Merchant B to transport a valuable cargo of salted fish from the burgh's port to a port in England. Upon arrival, Merchant A claims that a significant portion of the cargo was damaged due to improper storage during the voyage, and refuses to pay the full agreed-upon fee. Merchant B denies negligence, asserting the damage occurred due to rough seas. The Dean of Guild would have been the designated authority to hear this dispute, examine evidence from both parties, and issue a binding judgment on liability and compensation, as it directly involved a maritime trade agreement between local merchants.

• Example 2: A Mercantile Contract Disagreement

  Consider a dispute in an 18th-century Scottish burgh between a local textile manufacturer and a wool supplier. The manufacturer ordered a specific grade and quantity of wool for a new line of cloth, but upon delivery, claims the wool supplied is of a significantly lower quality than agreed, making it unsuitable for their production. The supplier insists the delivered wool meets the contractual specifications. The Dean of Guild, as the head of the Merchant Company, would have been the appropriate official to arbitrate this commercial disagreement, reviewing the contract terms and the quality of the goods to resolve the payment and delivery dispute between these local businesses.