Some old offences and their punishments
- details from A M Anderson The Criminal Law of Scotland, Bell and Bradfute, Edinburgh, 1892
Assaults on the Sovereign
By an Act of 1842 (The Treason Act 1842) it was an offence to use firearms, loaded or unloaded, discharge or attempt to discharge explosives, strike or attempt to strike with offensive weapon, throw or attempt to throw any substance, matter or thing, with intent in all these cases to injure or alarm the Queen or break the public peace. It was also an offence under this Act to produce near the person of the Queen firearms or other arms whatsoever, explosive, destructive, or dangerous matter or thing whatsoever, with intent to use the same to injure or alarm Her Majesty.
Punishment - penal servitude for seven years, or imprisonment, with or without hard labour, for any period not exceeding three years, with power to the court to order whipping, publicly or privately, during the imprisonment, but not exceeding three times in all.
Setting Fire to Her Majesty's Ships of War
By an Act of 1772 (The Dockyards etc Protection Act 1772) it was enacted that persons who shall wilfully set on fire, burn or destroy ships of war, or aid or assist in so doing, in any of Her Majesty's dockyards, arsenals, magazines etc, or shall set fire to any buildings, timber or material there placed, or any military, naval or victualling stores etc, shall suffer death as a felon, without benefit of clergy.
Illegal Drilling
By Act of 1819 (The Unlawful Drilling Act 1819) it was an offence to meet for training to the use of arms or for drilling without authority of the sovereign, or the lieutenant or two justices of the peace.
Punishment - penal servitude for not more than seven years, or imprisonment not exceeding two years in the case of the instructor; fine and imprisonment not exceeding two years in the case of those instructed
Profanity
Cursing and swearing was be dealt with, summarily as breach of the peace. A charge of profanity, by breaking the Sabbath day, would not be regarded as competent, but the law against keeping open shop on Sunday was still in force. Disturbance of public worship was formerly charged as profanity, but was variously libelled as breach of the peace.
Gambling and betting offences
At common law it was criminal to keep open a common gaming house for games of chance and profit to the proprietor. Under Acts of 1853 and 1874 (The Betting Act 1853 and the Suppression of Betting Houses Act 1874) it was criminal to use premises for betting purposes (penalty imprisonment for period not exceeding 6 months with or without hard labour); to receive bets on horse races, or other sports, and promising payment on betting contingencies (penalty imprisonment not exceeding 3 months, with or without hard labour); to advertise premises for betting or induce persons to go there to bet (penalty imprisonment not exceeding 2 months, with or without hard labour); to advertise information or advice as to a bet (penalty imprisonment not exceeding 2 months, with or without hard labour). The Prevention of Gaming (Scotland) Act 1869 enacted that card sharpers, thimblers etc, found in possession of their professional implements or plying their trade, were liable to 2 month's imprisonment , ordered to restore property , and on failure to restore receive a further 2 month's imprisonment.
Beating and Cursing Parents
By an Act of 1661 it was a capital crime on the part of a person over sixteen years of age, who was "not distracted" to beat or curse father or mother by consanguinity. The beating had to be violent and the cursing in strong terms in order to bring the offence under the terms of the Act.
Breach of Contract to the Danger of the Lieges
By Act of 1875 (Artizan's and Labourers' Dwellings Improvement Act 1875) it was punishable to break contract, knowing that the result will be to stop the water or gas supply to any place, or that the result will be danger to persons or valuable property.
Punishment: Fine not exceeding £20.00, or imprisonment not exceeding 3 months, with or without hard labour.
Bigamy
Bigamy was a felonious contracting of a second marriage during the subsistence of a prior one. It was a crime by Act of 1551 by which it was treated as perjury, and also at common law, under which it was invariably prosecuted.
Punishment; Fine or imprisonment and in grave cases, penal servitude