Act, 29 December 1692, Edinburgh

Edinburgh the Fyftein day of September J^aj vj^c nyntie two years

D1692/9/10

D1692/9/10¹

Procedure: remission

Remit Calquhoune Against The Wrights in Linlithgow

Anent our soveraigne Lord and Ladies letters raised and pursued before the Lords of their Majesties privy Councill At the instance of Robert Colquhoun apprentice to and haveing Commission from Robert Govan wright burges of Linlithgow and Sir William Lockhart their majesties solicitor for ther intrest in the matter underwritten, Mentioning That albeit be the lawes and constitutiones of all weell governed nationes and by the lawes Statutes and acts of Parliament of this kingdome the Impeding and interupting and Impeding of any person in the peacable possessione and exercising of their proper trades and Imployment wher the same is done by violence and open force in breaking and Carieing away of the instruments Toolles and workbloomes of their Said trade, Are Crymes of ane high nature and severly punishable tending to the ruin and outter destruction of the persones traders their wyfes Cheldrein and wholl familly Yet true It is that the said Robert Govan the pursuars master being necessarly called out of this kingdome about his urgent affairs abroad, He let ane ample factorie and Commissione to the pursuar his apprentise not only to call for and uplift his debts Bot likewayes to cary on his trade and Imployment of wright work and perfect and furnish such work as the pursuar in his masters name should be Imployed in dureing his absence, And to brook and enjoy the haill freedome granted to him within the said burgh As he or any other freeman within the said burgh might doe and particularly to buy timber and to make such wright work therof for Sale as he Should think fitt and to Imploy other persones with himself for working, as the said factorie or Commissione at more leanth bears, Yet True It is that the pursuar haveing Continued to work Conforme to his Commissione, (Which was knowen to the Deacon and others Members of the incorporatione of the wrights in Linlithgow for the space of two moneths after his masters departur uninterrupted untill upon the […] day of Jully or August Last or one or other of the dayes of one or other of the saids moneths, Alexander Sibbald officer to the wrights in Linlithgow by order from Thomas Archibald younger Deacon of the trade did upon one or other o the dayes of one or other forsaids take upon him Contrare to all law or Right to Discharge the pursuar to work any wright work within the said toune Either as a Prentise of factor to his master at quhich the pursuar being surprized did make his applicatione to the magistrates of Linlithgow who being Sinsible of the InJustice and oppression done to his master and him as his apprentise and factor did authorize and appoint him to goe one in working as he hade done formerly And Declaired they should secure him against the unjustice and oppressione of the wrights And he haveing entred to work did continue therat for the space of thrie dayes, Till that the said Alexander Sibbald Did returne by warrand from the said Deacon and with him John Paisley and Alexander Livingstoune wrights in Linlithgow and by force and violence in a most barbarous maner Did Hew down and Break in peices the work board wherat the pursuar was working and Caried away all his Tooles or workloomes and has ever since detained them to the great prejudice of his Master and himself and have so farr prevailled with the magistrats of Linlithgow that albeit they ware sensible of the Injurie done by the wrights yet they will not medle therin, Fearing as they pretend to offend the incorporatione, Wherby it would evidently appear what injury and Oppression the pursuar hade mett with, And that he was necessitate to make his address unto the saids Lords of Privy Councill who will Impartially give redress of his wrongs albeit the Magistrates of Linlithgow seem to be affraid to doe the same And that the said Thomas Archibald younger Alexander Sibald John Paisley and Alexander Liveingston are guilty of ane high and manifast Ryot Injury and oppression And Therfore Ought and should not only be Decerned to make payment to the pursuar of the Soume of […] for the damnadge sustained by him and his master through the breaking of the said work table and Carieing away the toolles and work Loomes and loss of their trade and Imployment, Bot Lykewayes ought and should be Decerned to restore repone and reenter the pursuar to the exercise of the said trade and Imployment of wright work Conforme to his Commissione and factory forsaid, And Discharged to trouble him in the exercise therof in tyme comeing dureing the said Commission and to restore to him the saids Toolles and workloomes so wrongeously caried away from him and farder punished in their person and goods To the terror of others to comitt and doe the Like in tyme comeing And Anent the charge given to the saids defenders To have Compeired personally before the saids Lords this day to answer to the points of the abovewritten Complaint, And to have heard and seen such order and Course taken theranent as the saids Lords should think fitt with Certificatione to them if they faillied The saids Lords would proceid and doe in the said matter, as they should find cause as the saids letters and executiones therof at more leanth bears, Which being Called in principall of the saids Lords this day And the said Robert Colquhoun pursuar Compeiring personally with Mr John Mainzies his advocat, And Thomas Archibald Deacon of the wrights one of the defenders Compeiring also personally, And the rest of the defenders being all called, And non of them Compeiring, The saids Lords haveing Considered the Lybell and answers therto, They Remitt the subject matter therof to be Discussed and Determined be the magistrates of Linlithgow as Competent Judges therto, And Appoints the pursuar to make payment of the witnesses expences if ther be any cited and Compeiring in this proces And Ordaines the saids magistrates to decyde and doe Justice in the said matter according to law with all expedition.