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Burgh
tolbooths and early prisons
Cells in royal and baronial castles were used
throughout the Middle Ages to detain small numbers of prisoners, but
the most important form of prison in medieval Scotland consisted of
cells in the tolbooths of burghs. Prisoners in these were usually
held for short periods before trial, or between trial and punishment,
or until a fine or debt was paid. An act of James VI in 1597 (c.277)
ordained that “Prisoun Houses suld [should] be bigged [built] within
all Burrowes [burghs]”, but most burghs continued to use tolbooth
cells rather than build separate prison buildings. However, by the
mid seventeenth century larger towns, such as Glasgow, Edinburgh,
Perth and Aberdeen, were building ‘houses of correction’ on the English
model of the ‘Bridewell’, where vagrants and criminals could be imprisoned
and made to work at various tasks for short periods of time. From
the eighteenth century until the mid nineteenth century, High Court
judges on circuit had powers to visit, inspect and approve lawful
jails for criminal prisoners. At this time jailers were very inadequately
paid but supplemented their income by supplying drink to prisoners,
extracting fees from debtors, and, in some cases, obtaining fees on
liberation. Escape, especially from tolbooths, was quite common and
the task of recapturing escaped prisoners fell to the commissioners
of supply in each county, who raised a local tax (rogue money) to
pay for this. An act of 1819 (59. Geo. III c. 61) authorised (but
did not compel) commissioners of supply to contribute towards the
improving, enlarging or rebuilding of prisons, but such contributions
were few and far between. The First Report of the Board of Directors
of Prisons in Scotland recorded that in 1839 there were 178 buildings
functioning as prisons: 70 lock-up houses, consisting of one small
room; 80 small burgh jails, often part of the town house and unfit
for the purpose; and 20 larger prisons, maintained by burghs, counties
or both.
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