THE HAMILTON TOLBOOTH 1642-1954
Like many towns in Scotland Hamilton had its very own tolbooth. The tollbooth in Hamilton was so grand that some thought it was a church. It was noted that in its day, this jail was one of the grandest jails in Scotland.4
The tolbooth was erected in the reign of Charles the First, around the year 1642, there is no actual exact date for the construction but the old tolbooth stood as a silent reminder of the days of long ago.
When the tolbooth was still standing in 1941 a newspaper account in the Hamilton Advertiser read “The vicinity of the jail has changed much since 1642, no doubt then it would be the civic centre of the town. Anyone having a look at it today can see evidence that the levels of the adjoining roadway have been raised more than once since its erection.”
The north-east corner had been splayed off and corbelled over when built. This would indicate that at the time of its being built there were other buildings very close to it and the splay on the corner would be made to give room for persons passing through. It would have been one picturesque feature still left of the ‘Old Hamilton’.
The old jail would was at the heart of the town and it sat between the Hamilton Palace and what we now know as the Old Town. To put things in to perspective, the old Jail sat on the land that now occupies the roundabout between Asda and the Museum and the Kids play park on the palace grounds.
Today if the jail was still standing, you could walk down Castle Street and see its imposing tower.
The old jail of Hamilton in 1642 was one of the most ornate buildings in the town and you would think that the men of Hamilton in 1642 must have loved a jail more than they loved a Kirk, but to be fair to our own fellow townsmen of that time, it should be noted that very likely Hamiltonians in 1642 would have no hand in the erection of the Jail. It was more than likely to have been built by foreign hands.
There was a French look about the building, in the time of the Stewarts there was much coming and going between France and Scotland and no doubt French artisans had a hand in the building of the old jail.
The Tolbooth acted as the most important building in the burgh as it was the council chamber, court house and jail. The town council fitted a clock in 1656 at a cost of £314-13s-8d (Roughly £23,777.47 in today’s money) and four years later, a further £45 was spent on a new Tolbooth bell, weighing 8 stones 8lbs.
In 1666 John Pate who was the town officer, was paid an annual salary of £30 “For keeping of the clock and ringing the bell” On the ground floor of the Tolbooth there were three booths, or shops, which were let annually, providing extra income for the burgh revenues.
Outside the Tolbooth were the burgh stocks where wrongdoers were padlocked by the ankles. In the year 1670, James Hamilton, a merchant, was “to be brought publicly to the market cross, and be laid in the stocks” for striking his parents and uttering “Vile and Unchristian expressions”.
The council chambers which were recognised by many throughout the nineteenth century were built in 1798 and this building joined on to the tolbooth and not only was it the council chambers, it was used as the court house and jail.
On the balcony of the old jail, the prisoners were shown to the abusive public and later on towards the end of the nineteenth century life inside the jail was not always without its comforts; visitors were allowed to bring food and drink and “Merry Parties” were held, with the compliance of the poorly paid jailers. However, for some it was a short last walk to the Gallowshill.
Accounts of life in the old jail make interesting reading. The penalties for what are now regarded as comparatively trivial offences were severe to the point of being vicious. There is a record of a woman “an Egyptian,” being convicted of the theft of wine and sentenced to death. One of her accomplices was ordered to be whipped “on the bare back.”
Capital sentences were carried out at the top of Muir Street, the Gallows being at what was variously known as “Doomster’s Hill,” Gallows Hill,” and the “Deil’s Elbow.” The location was roughly opposite the present site of the Bay Horse.
The tolbooth was the seat of “Justice” for not only Hamilton but for the whole of the old middle Ward of Lanarkshire. In addition, the offenders against criminal law who were dealt with, there was a proportionately large number of debtors. Public punishment was inflicted, and many a prisoner had the terrifying experience of being the target for sundry missiles from an angry crowd.
As stated there appears to have been no restriction on feasting and drinking and it was a commonplace to see bottles handed in and out without hindrance.
There was only one turnkey and hard labour was unknown. Indeed, the jailer seemed to regard his charges as decent fellows who ought not to be imposed upon any more than was absolutely necessary. His “coigne of vantage” was a shop he occupied under the belfry, from where he could see all that was going on.
Debtors in the jail led what was, in the circumstances, quite a jolly life, with eating, drinking, singing and dancing. Accepting their loose confinement with more than resignation, they showed little grief. Perhaps they were relieved whom they owed money.
Prisoners were, on occasion allowed out of the tolbooth for a walk or to attend a funeral. Some must have been favoured by the jailer, for it is on record that one so abused his privilege that the jailer threatened to lock him out if he persisted in returning late!
Figures available for the years 1823-1835 give an idea of the proportion of the prisoners in the tolbooth who were debtors. (The figures do not include all Hamilton offenders, however, as some were dealt with in Glasgow.) In 1823, of the total number of inmates, 45 were criminals and 50 were debtors. The following year debtors numbered the same, but there were five fewer criminals.
From then debtors tended to decline and criminals to increase. Only once in 1831, were there over 100 criminals, the number being 102. Then there were 48 debtors, an advance of 17 on the previous year. The following year saw an increase of six debtors, and a decrease of four criminals, but for the first half of 1835 debtors were reduced to a bare 23, with 61 criminals.
In 1835 it was reported that the building, although handsome in its day, had deteriorated and would “soon all be removed, except the steeple, town clock, and bell.”
Despite the rather farcically lax treatment of some prisoners, however, life in the tolbooth was grim. At long last it aroused public feeling and in 1839 the new court and prison was built in Beckford Street, leaving the tolbooth a rare relic of the days when law was sternly enforced.
Plans for the extensive alterations to the tolbooth and old council chambers in 1860 are still in existence. They show that a new clock face was to be installed and the upper part of the tower to be reconstructed. The plans were drawn up in the Hamilton Palace.
The first indication of the perilous state of the building was revealed in the summer of 1949 when a Hamilton man, who was examining a plaque fixed to the wall of the tolbooth (The plaque read: Drs Cullen and Hunter practiced in premises across the street) at its junction with the old council chambers fell through the ash footpath when it suddenly subsided. At this point the Cadzow Burn is conducted under the building by a culvert, and examination showed that this was in a very dangerous condition, probably due to mineral workings and also through erosion from the action of the Burn.
No sign of damage to the culvert had been apparent and it was reported to the Town council. Regret was expressed in the town council that the old Jail was doomed, the foundations having been damaged to such an extent by flooding that the building was liable to collapse.
Following this an unsuccessful attempt was made to have the building taken over as an ancient monument, the cost of the repair work being prohibitive. An inspection at the end of 1949 revealed that there were no signs of fracture in the stonework above ground level on the clock tower, although part of the foundation would require to be examined further when the jail was removed.
The tower five inches off the plumb in one direction and three inches in another. This did not mean however, that the building was not stable. It was anticipated that it would be possible to retain the tower.
The council made plans to underpin and strengthen the foundations of the tower as it was in a very bad state of repair and it was hoped that the remedial measures which are to be taken would prevent the need to demolish it.
A certain amount of the tolbooth wall was to be left to give the tower support and this was also going to be underpinned.
Messrs John C Burns of Larkhall were appointed the job of demolition of the old council chambers.
They were to carry out the work at the end of January 1951 weather permitted. As part of their contract they were allowed to take the stone, but it was not allowed to use again for building, it was to be used as rubble.
When the old council chambers were being taken down workmen discovered in the foundation stone, near a fireplace on ground level a Scroll on which was written, in meticulous and still-legible hand writing: “This Town House was built in the year of our Lord One Thousand Seven Hundred and Ninety-Eight. And in the Thirty-Eight year of the reign of His Majesty, King George the Third.” The scroll also contained the names of the civic dignitaries of the day.
It is unknown where this scroll is now kept, Hopefully in the Hamilton Museum.
Hamilton’s link with the old past comes to an end.
The Tolbooth was finally demolished on the morning of Thursday the 21st of January 1954 when a charge of 25 pounds of gelignite exploded at the base of the old tolbooth steeple and sent it tumbling to the ground.
Its fall was witnessed by scores of people, some of them within the Palace grounds and others at vantage points in Castle Street, Muir Street and even in Cadzow Street. To set the appropriate funeral note, one of the workmen climbed to the belfry and for about half-an-hour until 11:18 a.m. tolled the Bell. As this sound, has not been heard for several years, the attention of many more people than would have watched was attracted.
Those who saw the final touches being put to the preparations for the big bang included the Provost Mrs Mary s. Ewart, The Town Clerk (Mr James Kelly), the burgh surveyor (Mr James A. Whyte), senior police officers and a group of pupils from the Hamilton Academy, who were accompanied by the rector, Mr E. G. MacNaughton, M.A.
After everyone had been asked (and some persuaded) to go beyond the danger limits, a whistle blew at 11:43 a.m. Immediately came the deep-throated roar of the explosion. The base of the steeple, where a number of holes had been drilled to take the gelignite, was shattered instantly and within a few seconds the whole structure had crumbled before everyone’s eyes.
The steeple came to rest exactly where expected, with the weather vane which for so long had topped the proud and once-handsome tower at the foot of a small tree. It had been feared that the rubble might block the course of the adjoining Cadzow Burn and that part of the stone culvert might collapse with vibration, but only a little of the stonework entered the water, and the culvert remained intact. Surprisingly little rubble fell in Castle Street.
When the remains were examined immediately after the demolition, the clock bell was seen nesting among the masonry, and it was still intact. The bell bore the inscription “Thomas Mears, London. 1802.”
Close by were the shattered dials of the clock, with its cogs and wheels scattered around. Clear of the main mass was the weather vane, on which before the explosion a sparrow had alighted for a brief moment.
There was a plaque that was attached to the base of the tower commemorating the fact that Drs Cullen and Hunter practised in premises across the street was removed an hour before the demolition. (Hopefully this plaque is kept safe at the Low Parks Museum)
The bell from the Tolbooth was later earmarked to be installed at the Municipal Buildings (The Hamilton Town House & Library) as the old bell from the Townhouse was sold to a Glasgow firm. It is unknown if this actually did happen, or if the Bell went straight to the Hamilton museum.