FROM THE ARCHIVES: Fascinating stories in court records
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The majority of Scottish court records are held at the National Records of Scotland in Edinburgh. However, among the collections at the Highland Archive Centre are a number of historic process papers from the High Court, Sheriff Court, Burgh Court and Justice of the Peace Court. These documents give glimpses into the workings of the justice system over past centuries and contain some fascinating stories!
Today we focus on a record from our High Court papers; an Extract Act of Warrant of Liberation on Bail, dated 22 October 1827 at Edinburgh, in favour of Donald Cameron of Balnabruach, Kiltarlity. This fascinating document gives an insight into the violent confrontations that could occur between excisemen and the distillers of illicitly-produced whiskey.
Many Highlanders distilled whisky at home, from malted barley. Its warming properties were valued in a cold climate, and it served as a medicinal tonic or even as an anaesthetic. In the eighteenth century, the government began to tax whisky and the Excise Act of 1788 banned household stills and prompted the creation of illegal whisky made from malted grains. These were heavily taxed meaning distilleries had stopped using them – which meant the illegal spirits were often of better quality.
In 1823, the Excise Act was passed which set taxes at a level which made distilling a viable business, while still raising money for the government. This reduced the amount of illicit distilling considerably. A further Act passed in 1825 entitled "An Act to make provision in Scotland for the further prevention of malicious shooting and attempting to discharge loaded firearms; stabbing, cutting, wounding, poisoning, maiming, disfiguring and disabling his Majesty's Subjects". These offences were made capital crimes requiring the death sentence. It was under this Act that Donald Cameron and his co-accused was committed to Inverness jail on 25 September 1827.
Donald Cameron was accused of having taken part in an assault on John McNiven, an Excise Officer at Inverness, and Colin Campbell and William Lee, Excise Officers at Struy, and a party of their assistants. The size of the Excise Officers party implies they were expecting trouble and sure enough they found it at Tomich, in the parish of Kiltarlity. About thirty men armed with firearms or other offensive weapons threatened the lives of the excise officers and threw stones at them to prevent them from carrying out their work. It appears that this was a matter normally dealt with by the local magistrate, but this case was brought to the High Court in Edinburgh because the accused were "skulking in different jurisdictions". The warrant required that they should be arrested and jailed wherever they might be found in Scotland.
Donald Cameron was one of the men accused but he claimed that he was "wholly innocent of said crimes", and requested that he be released on bail. Lord Gillies. One of the Lords Commissioners of Justiciary, considered the application on 8 October and passed it to His Majesty's Advocate. Consent was given with bail set at £60 Sterling. Lord MacKenzie, who had initiated the justiciary warrants for arrest, then granted "warrant to ... the Magistrates of Inverness and keepers of their Tolbooth to set him at Liberty."
Notice:
Due to the current Covid-19 outbreak the Highland Archive Centre is closed until further notice. However, we are offering a series of talks (suitable for all ages) on our Facebook page (https://www.facebook.com/highlandarchives/) and YouTube channel at 11am each Thursday. The ‘Learn with Lorna’ series covers a variety of topics including Family History, World War Two and Crime and Punishment amongst others. We hope you can join us!
