12/09/2022
On November 15th 1746, James Reid was executed at York for being a part of the Jacobite uprising.
James Reid was one of several pipers who played at the Battle of Culloden. He was captured along with 558 men by Cumberland’s troops and taken to England. There James was put on trial and accused of high treason against the Crown. Piper Reid claimed that he was innocent because he did not have a gun or a sword. He said that the only thing he did that day on the battlefield was play the bagpipe.
After some deliberation the judges had a different opinion on the matter. They said that a highland regiment never marched to war without a piper at its head. Therefore, in the eyes of the law, the bagpipe was an instrument of war. The English jury, itself sympathetic, recommended mercy but it was rejected by a Commission headed by Lord Chief Baron Sir Thomas Parker
Seventy Jacobites were sentenced to death at York and were to be hanged in three batches of firstly, 13, of whom 10 were executed; and secondly 55, of whom 13 were executed.
Piper Reid was in the third batch of four men sentenced to be hanged. Before the sentences were carried out, one man had died and two others had enlisted in the British Army, and were reprieved, leaving only Piper Reid to suffer alone, and I very much doubt if a lament was played for him on that day.
The decision of those judges has echoed down through the generations. It was the first recorded occasion that a musical instrument was officially declared a weapon of war. For hundreds of years and many conflicts to come the bagpipes, when listed among the items captured in combat, was counted among rifles, sabers, and munitions. It is interesting to note that bugles and drums were recorded as musical instruments, where the bagpipe ranked among the lists of weapons. This continued through the Great War. Perhaps a fitting place for the pipes, but a tragic legacy for the piper James Reid who played at the last bloody battle of the Jacobites on Culloden Moor
In 1996, after some disputes with authorities, a man known as Mr Brooks was taken to court for playing the pipes on Hampstead Heath, an act forbidden under a Victorian by-law stating the playing of any musical instrument is banned. Mr Brooks plead not guilty by, claiming the pipes are not a musical instrument, but instead a weapon of war , citing the case of James Reid as a precedent. The unanimous verdict was that the pipes are first and foremost musical instruments returning them form a weapon of war to their rightful place as a musical instrument.
The pic shows Bagpipes that were said to have been played during the Battle of Culloden found on the battlefield and currently on display at the Culloden Moor Battlefield museum. Original owner, piper, of the set unknown.