Legal Definitions - seal of cause

In Scots law, a seal of cause was a formal legal instrument used by a royal burgh (a type of Scottish town or municipality granted special privileges by the Crown) to officially establish a new, subordinate organization within its jurisdiction.

Essentially, it was the official "seal" or authorization from the burgh court that allowed the burgh to create a new corporate body, such as a professional association or a group responsible for managing a specific public service, provided that this action was consistent with the powers granted to the burgh by its own royal charter.

Here are some examples illustrating the application of a seal of cause:

• Regulating a Professional Body: Imagine the Royal Burgh of Aberdeen in the 17th century, experiencing growth in its legal profession. To ensure standards, ethical conduct, and a structured way to admit new practitioners, the burgh court might issue a seal of cause to establish the "Society of Aberdeen Advocates." This new corporate body would then be empowered by the burgh to set rules for its members, oversee legal practice within the burgh, and resolve internal disputes, operating as a recognized entity under the burgh's authority.

• Managing Public Resources: Consider the Royal Burgh of Inverness, which relies heavily on its local river for fishing and water supply. To prevent overfishing, manage water access, and maintain the riverbanks, the burgh court could issue a seal of cause to create the "Inverness River Management Trust." This trust, acting as a subordinate corporation, would be legally authorized by the burgh to enforce regulations, collect fees for specific uses, and fund maintenance projects, ensuring the sustainable use of the river for the community.

• Establishing a Civic Improvement Body: Suppose the Royal Burgh of Dundee wanted to create a dedicated entity to oversee the development and maintenance of its public market square, a central hub for commerce and community gatherings. The burgh court could issue a seal of cause to form the "Dundee Market Square Commissioners." This new body would be granted the legal power by the burgh to manage stalls, collect market dues, plan improvements, and ensure the general upkeep and order of the market square, acting as an official arm of the burgh's administration.