Prison Records – Burgh prison records

The records relating to burgh prisons and tolbooths consist mainly of warding and liberation books, which record the incarceration and release of individual prisoners with few other details. Information about the building, maintenance and staffing of burgh prisons and tolbooths must be gleaned from burgh minute books and accounts. In some cases, these (or excerpts from these) have been published. A search through burgh minute books and accounts is usually time-consuming and only a few references to prisons or tolbooths might be found each year. However, for information about individual prisoners (for example, individuals awaiting trial or execution for witchcraft), minute books, accounts and warding and liberation books are the most likely source of concrete information.

Minute books and accounts of burghs are mainly held by local authority archives, but the records of some burghs are held by the National Records of Scotland, and the records of several Fife burghs are held by St Andrews University.

Warding and liberation books for burgh tolbooths and prisons tend to be with the burgh records, but an exception is the case of Edinburgh Tolbooth, whose warding and liberation books, 1657-1816, are held by the National Records of Scotland (HH11). These typically are arranged chronologically with entries such as:

Edinburgh 27 July 1815 Margaret McDonald residing in Forresters Wynd was this day incarcerated in the Tolbooth of Edinburgh by warrant of the court of Police on complaint of James Brown, Superintendent, accused of riotous conduct, to remain till she find Caution for her good behaviour for twelve months under the Penalty of Forty shillings. Warrant this date John Duncan, serjeant. – 3 August 1815 – Margaret McDonald liberated on Caution & Certificate.