1775–1776
ElectionsBurghThis case concerns a disputed election in the burgh of Rutherglen. Different trades (including deacons, masons, and weavers) would meet with members of their industry and submit lists of candidates for the elections, a common election practice of the period. Pursuers George Shaw et al. lodged a complaint against the town council of the burgh of Rutherglen. Apparently the town council adopted a practice of restricting voting to resident masons and wrights, and disallowed non-resident masons and wrights from voting. Shaw et al. alleged that this attempt to disenfranchise the non-resident masons and wrights was unlawful.
Documents in this case (7)
- Shaw v. Fleming — Petitionand Complaint, 30 Nov 1775Petitioners challenge a secret 1775 corporate act disenfranchising non-resident masons and wrights in Rutherglen’s council elections, seeking to void the election and restore votes under immemorial custom.
- David Shaw, James Robertson, Thomas Shaw, John Hamilton, Michael Paterson, James Wark v. James Fleming, George Muir, Archibald Freebairn, John Urie, Robert Bryce, John Smith, Andrew Turnbull, John Harvie, John Muir, William Pa… — Answers, 19 Dec 1775December 19, 1775 Answers by the burgh of Rutherglen, responding to the argument that non-resident members of the masons' incorporation should be allowed to vote in council elections
- Shaw v. Fleming — Replies, 9 Jan 1776January 9, 1776 Replies of David Shaw and others, Members of the Incorporation of Masons and Wrights in Rutherglen, Complainers, to the Answers for James Fleming, present Provost of the said Burgh of Rutherglen and othe…
- David Shaw v. James Fleming — Duplies, 25 Jan 1776January 25, 1776 Duplies of James Fleming and others, respondents, to the Replies for David Shaw and others, complainers, arguing that non-resident members of incorporations have no right to vote in burgh elections.
- Shaw v. Fleming — Petition, 14 Feb 1776February 14, 1776 Petition of John Urie, Robert Bryce, John Smith, John Reid, John Turnbull, and others asking the Court to alter its interlocutor which found them liable in costs of suit
- Shaw v. Fleming — Petition, 23 Jul 1776Petitioners challenge council acts restricting voting and admission in Rutherglen burgh, violating its 1671 constitution and common law residence rules.
- John Urie and others v. James Fleming and others — Answers, 1 Aug 1776August 1, 1776 Answers by the provost and bailies of Rutherglen responding to the petition of John Urie and others, arguing that the petitioners' claims are factional and without merit.
People & places in this case
People involved
- David Shaw — Pursuer
- James Robertson — Pursuer
- Thomas Shaw — Pursuer
- James Fleming — Defender
- George Muir — Defender
- Archibald Freebairn — Defender
- Andrew Crosbie, Esq., of Holm — Advocate for Pursuer
- John Morthland, of Rindmuir — Advocate for Pursuer
- Alexander Wight — Advocate for Defender
- William Craig, Lord Craig — Advocate for Defender
Places
- Rutherglen (principal)
