Kilts were banned in Scotland for decades following the Jacobite rebellion

[Bad Monkey]

That's another Scotch Myth. The pipes were never banned although there is a record of a piper sentenced to death in Carlisle after the judge stated that his pipes were a weapon of war. One incident and not official government policy.

I hadn't heard that a piper was actually sentenced to death for piping.

Wonder if it was just the way he played 'em...

[MacRob46]

I hadn't heard that a piper was actually sentenced to death for piping.

Wonder if it was just the way he played 'em...

His name was James Reid and he was piper to Ogilvy's Regiment. His defense was that he had not carried a gun or sword during his time in the regiment. However, the judge declared that "no Highland regiment ever marched without a piper, therefor it was a weapon of war," (not an exact quote) and sentenced him to be hanged, which he was, on November 15, 1746.

That is the genesis of the belief that pipes were outlawed after 1746 but as mentioned, that is not true, although the judge made a pronouncement that might have resulted in a ban, had the authorities paid closer attention.

[KnittedReenactor]

So, one judge, in one case made a determination, thereby setting precedent. However, it was never codified into law by HM nor Parliament.
Would this decision still hold any legitimacy in modern British law, even though it would never have any real chance of being enacted/enforced?
Further side question- pipers, although typically unarmed when piping, would still not qualify as noncombatants, like chaplins and medics?

[Father Bill]

Interesting questions. A British solicitor would have to opine on those.

...and "Chaplain" my friend - my name ain't "Charlie"!

[MacRob46]

After the passage of almost 273 years, what difference does it make?

If we are to believe some of the traditions that have come down, pipers were frequently armed and accompanied by a small boy or gillie of some sort to whom they would hand their pipes if they decided to wade into the tussle.

As far as chaplains and medics, there were no medics of the kind we think of today when we hear the term but there were doctors and apothecaries on the field. Likewise there were non-jurant and other ministers in the ranks. If they supported the Jacobites then they were subject to punishment if captured and some were although I can only know for sure of two who were hanged, drawn and quartered - Rev. Thomas Coppoch of the Manchester Regiment and Rev. Robert Lyon, Chaplain of Ogilvy's Regiment. Others may have been killed outright at Culloden. This information is from the muster roll of Prince Charlie's Army.

[FossilHunter]

So, one judge, in one case made a determination, thereby setting precedent. However, it was never codified into law by HM nor Parliament.
Would this decision still hold any legitimacy in modern British law, even though it would never have any real chance of being enacted/enforced?
Further side question- pipers, although typically unarmed when piping, would still not qualify as noncombatants, like chaplins and medics?

I would guess that a uniformed piper marching across no man's land with the other troops would be viewed and treated like any other enemy combatant by the German lines. He'd still be a part of the attack.

[KnittedReenactor]

Sorry Father Bill. My late grandfather was a minister and fire department chaplain. That is one word I should have spelled correctly.

[Bruce Scott]

I would guess that a uniformed piper marching across no man's land with the other troops would be viewed and treated like any other enemy combatant by the German lines. He'd still be a part of the attack.

Indeed.

"I believe the purpose of war is to win victories... The heroic and dramatic effect of a piper stoically playing his way across the ghastly modern battlefield, altogether oblivious to danger, has an extraordinary effect on the spirit and enterprise of his comrades. His example inspires all those about him."
[ Lieutenant Cyrus Wesley Peck VC, DSO & Bar, CO 16th (Canadian Scottish) Battalion, Canadian Expeditionary Force ]

It is estimated that about 500 pipers were killed and a further 600 were wounded during WWI.

[The Q]

I've read somewhere that although a lot of pipers were killed, many Germans wouldn't shoot them, because they considered them insane..

(on top of that there were plenty of other targets with guns,...)

[ThistleDown]

If you can find a copy, read The Pipes of War -- A Record of the Achievements of Pipers...1914-1918, by Sir Bruce Seton and PM John Grant. Published Maclehose, Jackson, Glasgow 1920. Mine is a signed first edition and the tipped-in coloured and b&w plates are superb, but I was told the other day that it has been reprinted. Does anybody have information on that? It would be fine to have Seton's research and knowledge more widespread.