Official Records
BURGH RECORDS (1205-1975).
Burghs were essentially urban settlements with trading privileges and varying powers to regulate the affairs of the town.
Burghs produced characteristic forms of historical record, such as court books, guild records, registers of deeds, financial accounts, and, latterly, records of burgh institutions such as schools and libraries.
There were different types of burghs and their functions and responsibilities changed over time. To find out more about burghs click here.
Medieval burghs
In medieval times burghs allowed a community of merchants and craftsmen to live and work outside the feudal system. In return each burgh paid large sums of money to its creator (the crown, an abbot, a bishop, or a secular baron). Burghs were first created in Scotland in the twelfth century. Some were ancient towns already (such as Edinburgh, Perth, Stirling and Aberdeen). Others were entirely new creations, often in the shadow of a royal castle such as Ayr.
By 1707 three types of burgh existed:
- royal burghs
- burghs of regality
- burghs of barony
Royal burghs
Royal burghs were created by royal charter and the majority were sea ports. Consequently the burgh charter was an important document as it created the burgh or confirmed the rights of the burgh as laid down (perhaps verbally) by a previous monarch. Each royal burgh (with the exception of four 'ineffective burghs') was represented in the Scottish parliament and could appoint magistrates with wide powers in civil and criminal justice. After 1707 no further royal burghs were created and their number remained at 70. Ayrshire royal burghs were: Ayr, Irvine?
Burghs of Regality and Burghs of Barony (see also Parliamentary and Police Burghs)
Burghs of regality and barony were also created by royal charter.
The crown granted burghs of regality to a lord of regality - a leading Scottish noble who held very large estates and had wide powers in criminal and civil law.
Ayrshire burghs of regality were:
Burghs of barony were granted to a tenant-in-chief, a landowner who held his estates directly from the crown. This landowner had authority from the crown to administer justice and to hold barony courts dealing with crimes and matters of good neighbourhood until 1747, and therafter, only matters of good neighbourhood. Burghs of barony were created by royal charter until 1846.
Over 300 burghs of barony or regality were created between 1450 and 1707, but many did not survive for long, failing to develop into market towns. Ayrshire burghs of barony were:
Parliamentary and police burghs
By the nineteenth century there were calls for reform of the burghs. Many suffered from financial mismanagement and corruption, and larger towns faced problems coping with industrial pollution, sewerage disposal and water supply. In 1800 Glasgow obtained a local act of parliament to set up a system of policing. A body of elected police commissioners oversaw a police force, and were also concerned with the maintenance of paving, lighting and street cleansing. Other Scottish burghs obtained similar local acts in the following years. Further legislation in 1832 and 1833 created Parliamentary Burghs with elected councils by converting royal burghs and many burghs of barony and regality. This led to an overlap or administration between the existing town councils and the new police commissioners.
Powers regarding police and public health were developed and extended under the Police of Towns (Scotland) Act 1850 and the General Police and Improvement (Scotland) Act 1862. The result was the creation of over 100 'police burghs'.
In 1892 the Burgh Police (Scotland) Act ended the overlap between burgh councils and police commissioners by restricting power to one or the other. Public health powers were also extended and only burghs with a population of 7000 or more could retain their police force. New police forces could only be created where the population was greater than 20,000. In towns with smaller populations the county council became responsible for the police force.
Police Commissioners were abolished by the Town Councils (Scotland) Act 1900 in favour of the older terms of ‘provost, bailies and councillors.
Twentieth century burghs
After the Local Government (Scotland) Act 1929 burghs became either large burghs or small burghs, according to their population. Burghs were abolished in 1975 and replaced by district councils, and then, in 1996 by the current local authorities.
Halbardiers and Magistrates going to church, Ayr, 1846