Hood Family and Coal Mining

Strike at Gilmerton Colliery in 1823

Petition against David Pentland

Part of precognition relating to an 'illegal combination' and strike at Gilmerton Coalworks and an assault on George Pride.



Copy Petition
The Procr Fiscal
David Pentland
6th Janry 1824

Edinburgh 6th Janry 1824
Unto the Honourable the Sheriff of Edinburghshire, the petition of Archibald Scott Procurator Fiscal of Court for the public interest.
Humbly sheweth
That during the last six months an illegal systematic combination, concert and conspiracy has existed among the colliers in the employment of John Marshall tacksman of North Green Coalliery on the lands of Gilmerton, Parish of Liberton, in order to compell him to agree to certain regulations with regard to working the coals and conducting the works as well as paying their wages and other matters which they have no right or title to regulate or control, and with a view to carry their purposes into effect the said colliers have held private meetings, entered into illegal resolutions and all struck work the more effectually to concuss or compell the said John Marshall to go into their measures and further a great number of them did not only threaten some who were desirous of continuing to work, but did actually beat and severely wounded them and in particular George Pride and the persons so illegally combined have made collections of money to support some of those associated with them and money has also been collected at other Coallieries and in particular at Easthouses and transmitted to the persons aforsaid and moreover the Colliers so illegally combined have attacked houses in Gilmerton in which the colliers who do not go into their measures live, and in particular on the night of Sunday the fourth current that in which John Weir or Wear lives was attacked with a view to assault him and they threw stones at the door and window of said house, the latter of which they broke and a large stone came into the house to the great damage of the said John Weir or Wear and Helen Waldie the occupier thereof.
That from information received and circumstances and discovered it appeared that David Pentland, Collier, residing at Gilmerton had been guilty actor, art and part in promoting, managing and carrying into effect the whole objects and purposes of said illegal combination, and conspiracy and in particular of attacking the house of the said Helen Waldie and other offences before stated - in order therefore that he may be dealt with according to law the present application is made to the effect aftermentioned.
May it therefore please your Lordship to grant warrant to two officers of court to apprehend the said David Pentland and bring him before you for examination respecting the premises and thereafter to incarcerate him in the Tolbooth of Edinburgh therein to remain until liberated in due course of law and also grant warrant to cite the said Helen Waldie and all other it may be found necessary to examine to appear to be precognosed or do otherwise as may seem necessary.
According to Justice
Signed Archd Scott P.F.

Edinr 6th Janry 1824
The Sheriff having considered this petition grants warrant to officers of court to cite the therein designed David Pentland to appear before him for examination also grants warrant to cite for precognition as craved
Signed Adam Duff

Edinbr 6 Janry 1824
The Sheriff having resumed consideration of this petition with the declaration of the therein designed David Pentland this day emitted grants warrant to officers of court to apprehend and incarcerate him in the Tolbooth of Edinburgh. The keepers hereby ordered to receive and detain him for further examination.
Signed Ad: Duff


The precognition is at the National Archives of Scotland - reference: AD14/24/259




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