M'Naughtan v Magistrates of Paisley

Ld. Cockburn , Lord Justice-Clerk , Lord Glenlee , Lord Meadowbank , Lord Medwyn .

Subject_ Church—Burgh—Interdict.— Interdict granted against magistrates authorizing the bell of a burgh church to be rung for other purposes than national rejoicings, and the daily summoning of labourers to and from their work according to usage and with the acquiescence of the minister and session.

This bill having come before Lord Cockburn, his Lordship (December 16, 1834) appointed it to be answered, and, in the mean time, granted interdict as craved; but on advising it, with answers, his Lordship, while he passed the bill, recalled the interdict, stating his reasons in the note subjoined. *

* “The interdict has been recalled, 1st, From unwillingness to interfere summarily with the Magistrates in their municipal administration without absolute necessity; 2d, Because no irremediable injury is done by ringing these bells during the discussion of the bill, even although the Magistrates be wrong; 3dly, Because the state of the practice is disputed, and the use of the bells for certain secular purposes is admitted in the bill.”

cannot entertain the smallest doubt that, as guardians of the rights of the people of Scotland, we are bound to interfere to prevent these proceedings; and I must farther add, that I cannot concur in any of the grounds given by the Lord Ordinary for recalling the interdict. The bill asks nothing that we are not perfectly warranted to grant, though I would not object to a qualification as to the use of the bell for particular secular uses, as hitherto exercised.