Court Records

It is a strange irony that there is often more information to be found about a criminal than there is about a law abiding citizen. The National Archives of Scotland (NAS) provides access to a multitude of records relating to the criminal fraternity of Scotland through the ages. Records from many different courts are held.

Scotland's highest criminal court is the High Court of Judiciary. This court has jurisdiction over serious crime and appeals from lower courts. Of note to the genealogist is the knowledge that people sentenced to transportation were always tried at the High Court of Judiciary. Details of trials in the High Court dating back as far as 1537 can be accessed.

Records of many other Scottish courts are also available through the NAS. The Lord Advocate's Department covering written statements back to 1812; The Privy Council which dealt with people of high standing as well as cases of witchcraft and sedition until its abolition in 1708. Records date back to 1545.

Sheriff Courts dealt with lesser criminal and civil cases and the Admiralty Court handled cases at sea or in harbours. Piracy and Smuggling fell within the remit of the Admiralty Court. Within the Royal Burghs of Scotland minor offences could be dealt with by the Burgh Court. Other such cases may have been tried by a Justice of the Peace Court.

Scotland also had what were known as Franchise Courts where a local dignitary or landowner held a franchise from the crown to try criminal and civil cases within the area.

Prison records are also available which can provide details on crime, trial and sentence as well as personal details such as place of birth, occupation, age, height, and religion. The earliest prison records available date from the 1790s in Kirkcudbright and Edinburgh.

All in all, if a person strayed from the straight and narrow there is a reasonable chance of finding details of their crime and punishment.