Bagpipes as Weapons of War

By Dave Johnston

The Great Highland Bagpipe (Gaelic: pìob mhór, meaning "great pipe") was once widely known as the war pipe due to its long history as a loud, drone-heavy military and battlefield instrument. Armies originally used the pipes to signal tactical movements, rally troops, and intimidate the enemy across noisy battlefields.

When I started learning the bagpipes I discovered that the British had declared bagpipes Instruments of War following the suppression of the 1745 Highland Rebellion. So was I a musician or just carrying on my past career as an infantryman with a new weapon?

The case of piper James Reid was one of thousands of Jacobites arrested during 1745 and 1746 as the rebel army retreated north to face final defeat at Culloden, and one of more than 100 who actually faced a trial.

Reid’s defense was that he was a non-combatant who never carried a sword or gun, playing only music as the army marched. The judges determined that no Highland regiment moved without a piper, legally classifying the bagpipes as a weapon. Despite a jury recommendation for mercy, Reid was condemned, hanged, drawn, and quartered.

The historical ramifications include the Act of Proscription myth: Popular belief holds that the British government banned bagpipes via the 1746 Act of Proscription, though the text targets tartans and weapons; Reid's trial created the real precedent. The unique verdict was referenced decades later, including in a 1996 London case where a piper, David Brooks, cited Reid's trial regarding busking regulations. He was charged with breaking a bylaw that prohibited the playing of musical instruments in public without permission, and could be fined.

However, Brooks’ barrister argued that the Reid decision of 1746, which was never overturned, was a binding legal precedent. Therefore, Brooks could not be charged, as the bagpipes were not a musical instrument, but a weapon of war.

The judge ruled Reid's original 1746 conviction had been a miscarriage of justice — but confirmed that, technically, in wartime, bagpipes could still be considered instruments of war.

However, in times of peace, they are considered musical instruments. Since Brooks played the bagpipes as a musical instrument, Johnstone fined him 15 pounds on each count of playing without permission and ordered him to pay an additional 50 pounds in court costs.