| Description | This series comprises:
CA/5/1: Baillie Court Books, 1st Series - 1572 - 1691
CA/5/2: Baillie Court Diet Books, 2nd Series - 1731 - 1779
CA/5/3: Justice Court Books, 1657 - 1783
CA/5/4: Sheriff Court Diet Books, 1769 - 1775
CA/5/5: Admiralty Court Records, 1730 - 1796
CA/5/6: Burgh Court Roll, 1317
CA/5/7: Enactment Books, 1701 - 1849
CA/5/8: Criminal Court Records, 1738 - 1787
CA/5/9: Registers of Indentures, 1622 - 1878
CA/5/10: Propinquity Books, 1637 - 1797
CA/5/11: Aberdeen County Weavers' Enactment Books, 1729 - 1738
CA/5/12: Incarceration and Liberation Books, 1625 - 1829
CA/5/13: Register of Baptisms for St. Nicholas Parish, 1838 - 1848 |
| Administrative History | From medieval times, royal burghs were given the privilege of being allowed to hold their own courts with jurisdiction over criminal, civil and administrative matters within the burgh boundaries. The remit of the court included the following:-
The administration of the burgh in the earliest times (before separate formal minutes were kept relating to the exercise of the town council’s executive authority).
Small debt.
Theft
Removal of tenants.
Assault
Breach of the peace.
Inquests
Services of heirs.
Offences against trading rights and standards.
Boundary and other property disputes.
The maintenance of good moral and social behaviour.
The series of records produced by the courts reflect all of this activity and are often the earliest surviving record of the burgh along with chartularies and protocol books. Burghs of barony were also given jurisdiction over a similar range of crimes. The four pleas of the crown (murder, rape, robbery and wilful fire-raising) were excluded from burgh jurisdiction from an early period. Some burghs were granted charters giving their magistrates the powers and jurisdiction of a sheriff within the bounds of the burgh. Burgh courts were also responsible for registering deeds and keeping protocol books.
In the 17th century the creation of the Court of Session removed some of the work of burghs in registering deeds and legal documents, and the creation of justices of the peace and quarter sessions courts within the burghs overlapped with the jurisdiction of the burgh magistrates. The Heritable Jurisdictions Act 1747 limited the rights of some burghs of barony in criminal cases and some burgh courts fell into abeyance as the sheriff courts dealt with more matters.
In the 19th century the Police Acts gave the magistrates of police burghs jurisdiction over various offences involving begging and vagrancy, control of markets, dealers, the cattle trade and other civil matters but reserved the rights of the sheriff courts and justices of the peace courts. In 1892 this was consolidated as jurisdiction over offences under the Police Acts or any bye-laws. Magistrates were elected from the members of the town council but they could appoint a stipendiary (paid) magistrate who was to be an advocate or otherwise qualified and they were required to appoint a clerk and a burgh prosecutor. The burgh court could impose a prison sentence of up to 60 days or a fine of up to £10 or order caution for good behaviour for up to six months. Crimes such as murder, culpable homicide, robbery, rape, wilful fire-raising, serious assault, housebreaking and theft greater than a set value (originally £10) were excluded from the burgh courts. From 1947 town councils were empowered to appoint any councillor who had held the office of magistrate as a judge in the police court. Burgh and police courts continued to operate until they were abolished by the District Courts (Scotland) Act 1975.
Taken from "Your Scottish Archives" https://yourscottisharchives.com/burgh-courts [accessedd 21/04/2026]. Compilers: Pam McNicol (Stirling Council Archives, 2021), Elspeth Reid (2021). |