organ, a throne, and twelve stalls for the Knights of the Thistle. The
roof fell in in 1768, and the fine eastern window yielded to a violent
tempest in 1795. Since then the church—the sepulchre of Scottish kings
and queens—has been allowed to become a ruin.
------------------------------------------------------------------------
[Illustration: INTERIOR OF HOLYROOD CHURCH, LOOKING EAST.]
------------------------------------------------------------------------
Offences and their Punishment in the Sixteenth Century.
The century which included the Reformation, and the long minorities of
three sovereigns,—James V., his daughter Mary, and her son, James VI.,—
all periods of strife and unsettledness, was for Scotland,
governmentally and politically, a turbulent one. The state was often in
confusion; but the burghs were little states, acting by their own laws,
under properly constituted magistrates.
The oldest records of the Burgh Court of Dundee which have been
preserved commence in 1550, and extend to 1568. These, with other old
records, have recently been carefully examined, and many portions
transcribed, by Mr. Alexander Maxwell, F.S.A. Scot., and they form the
ground-work for his two interesting volumes on Old Dundee. With the
author’s kind permission, we make several extracts, illustrative of the
social history of the period, so far as this is brought into view by the
matters which came before the Burgh Court. These records may be fairly
taken as a sample of the then condition, as respects crime, of the whole
of Scotland.
And three things will be in evidence from these records:—
1. That this was really a Court of Justice; patient consideration given,
as a rule, to the cases which came before it; and although some of the
punishments may seem severe, and others rather ridiculous, yet on the
whole the spirit was paternal, corrective, and peace-making. The
penalties inflicted were all on the supposition that the offenders had
still a sense of shame left, and that to have the good opinion of their
fellows was an incentive to well doing.
2. That considering the unsettled condition of the country, there was
not an abnormal amount of disorder and crime. Whisky, that curse of
Scotland in later years, had not come into use, and there was no
excessive ale and wine drinking. Theft was not common.
3. That a main point with the burgh authorities was to get locally rid
of their incorrigibles; leaving neighbouring towns and the country
districts to take care of themselves.
That ever unruly member, the tongue, gave a good deal of trouble:—
Reche Crag, baker, being warned that his bread was under weight, charged
the officer with using false weights to weigh his bread with, for which
insult “he is ordainit to come to the church on Sunday next in the time
of high mass to there offer a candle of a pound of wax, to ask the
officer’s forgiveness, and say, That the word was false he said.” James
Denman, having “blasphemed” a notary, has to ask his forgiveness, and to
pay to the master of the Hospital twenty shillings to be given to the
poor,—“and gif he be again apprehendit with the like, to be banishit the
burgh a year and a day.”
John Robertson and his wife had slandered Katrine Butcher. John sung
very small in Court,—“revokit his allegance as nocht of veritie, and he
knows nocht of Katrine but honour.” John’s wife appears to have first
uttered the slander in “flyting,” and she and he were “adjudgit to come
instantly to the Mercat Cross, and there ask Katrine’s forgiveness upon
their knees: and gif the wife be funden by day or nicht blasphemin any
man or woman, she will be banishit the burgh.”
For “wrangeous mispersoning of Will Gibson’s wife, Jonet Crag is
ordainit to pass to the Mercat Cross, and on her knees, with the beads
about her neck to say ‘My tongue leeit,’ and pass with the beads about
the town.” The tolbooth “beads” were derisively hung on the neck of a
termagant, whilst she made a promenade through the burgh. Poor husbands
had to bear the brunt of their wives’ characters. William Rannald, being
about to leave the burgh, “the Council decernit that nae testimonial be
given to him; but if he labours for ane, that it be made conform to his
wife’s demerits, and specify wherefore she was banishit this burgh for
ever.”
Besse Spens is admonished “that gif she be found flyting with ony
neighbour, man or wife, and specially agains Jonet Arthe, she shall be
put on the cuck-stule, and sit there twenty-four hours.” This cuck-stule
had just been put up in an open position beside the Market Cross. To be
set up to public derision in this chair was the height of ignominy.
Whilst in these comparatively rude times women’s tongues often wagged
fiercely against each other, men’s wranglings would end in blows. Charly
Baxter “sall give to Robert Nicholson, for the hurting of him, forty
shillings, but as Robert was also to blame, he sall pay the leech
[surgeon] himself. And gif ony of them maks ony stroublance till other
in time to come, to pay a stane of wax to Our Lady.” So long as the old
Church held sway, fines were generally in candles for lighting St.
Mary’s altar.
The stocks now and again come into the record. For “stroublance of Patte
Baxter, Jok Galloway is ordainit to come on Sunday next with a candle of
a pund of wax, efter to be given to Our Lady licht, and ask the Bailies
and Patte’s forgiveness. And gif he will nocht do this, to lie the nicht
in the stocks, and ask Patte’s forgiveness the morn at the Mercat
Cross.” Nichol Anderson “is decernit to lie twenty-four hours in the
stocks, for stroubling of this gude town and wounding of ane stranger,
because he has nocht to pay the leech.”
When Rob Dawson “stroublit” Wille Pangell, “he is ordainit to pay the
leech for his craft of healing Wille’s head breaking, and give Wille
twelve pence ilk day that the leech may depone that he may nocht gudely
lawbour through the hurt.” “Henry Justice is ordained to cause cure
Margret Leischman’s head, broken by him within silence of the nicht.” It
was an aggravation of an offence that it was committed at night. Allan
Sowtar being charged by Besse Spens for the “stroublance of her and her
house, under silence of the nicht, he is amerciate [punished by fine]
for the trouble done to this gude town, an if he be founden committing
sic fault again, nicht-walking and making trouble, that he be banishit.”
[Illustration:
THE STOCKS, FROM THE CANONGATE TOLBOOTH.
(_Now in the Scottish Antiquarian Museum._)
]
The sentences on a brawl in the churchyard, in September, 1554, are
notable as being the last in the record where the fines were in the
shape of offerings on the high altar of St. Mary’s Church. Fines where
they were not given as a _solatium_ to the injured persons, were
generally applied to aid “puir folks.” And punishments were as a rule
inflicted summarily; lengthy imprisonments, taking the persons away from
their ordinary occupations and maintaining them by the labours of
others, are quite a modern invention.
The vehemence of an outrageous fisherman is quenched in his own element.
“George Blak, boatman, is discernit to be doukit owr the head in the
sea, and also to pay forty shillings to the common gude for that he
keist Fothringham, ane workman, our the shore [pier], and also struck
Andro Cowtie, ane other of them, upon the face.” A worthless fellow is
awarded the punishment of a woman: “Sande Hay, for troublance made upon
Andro Watson, is discernit for his demerits to be put in the cuck-stule,
there to remain until four hours efter noon.”
This is how an objectionable couple is got rid of: “Alexr Clerke and
Elesabeth Stevenson,[1] being banishit this burgh for their demerits,
pykerie, and reset, and grite sumptuous spending by nicht, has
contemptuously come to the town, contrair to the statutes; whairfore
they are adjudgit—Sande to be nailit to the tron by the ear, and
Elesabeth brunt upon the check, and they be again banishit for all the
days of their life. And gif ever they be fund within this burgh, or ony
of them, to be put to deith.”
Footnote 1:
As a rule—and indeed the custom has not yet entirely ceased in the
country districts of Scotland—wives retained their full maiden names
after marriage, and in both sexes the christian or given name was held
to be—as doubtless it virtually is—the proper designation of a
person,—the surname indicating the family or clan to which he or she
belonged. On Scottish tombstones to this day, the inscription for the
loss of a child by a married couple will read as “Son of John Smith
and Barbara Allen.”
Nice distinctions were made in the comparative guilt of accomplices:
Watte Firsell and Duncan Robertson are found guilty of “common pickery
of ane puir woman within silence of the nicht,” and the sentence is,—
“That Duncan sall scurge Watte round about within the bounds of this
burgh, as use is; and gif he fails in the extreme punishment of Watte,
then Climas sall scurge them baith, in his maist extreme manner. And
thereafter Watte to be had to the Cross, and, by open proclamation,
banishit this burgh for seven years.” Climas was probably the burgh
hangman, for the Court assumed powers of life and death. John Wilson
has, for diverse reasons, been “warded” within the burgh: “Gif he beis
funden passing out of this town, without licence of the Provost or
Bailies, to be put to deith without forder proof.” In another case the
manner of threatened death is specified: “The assize hes convict Agnes
Robertson for theftuously committing of pykrie—whilk she could nocht
deny, being apprehendit with her—and siclyke, hes convict Jonett Moreis
for reset thereof. And thairfore the Bailies ordain Agnes to be banishit
this burgh for all the days of her life, and never to be apprehendit
within the same, under the pain of drowning. And siclyke Jonett to be
banishit for year and day, and gif she be apprehendit within the burgh
before the said day, to suffer deith as said is.”
Generally in cases of theft, and where there were no aggravating
circumstances, justice was satisfied by simple restitution or
compensation.
John Cathro is relieved from the charge of carrying away the iron band
of Will Cathro’s door by his offer to make a new band “as gude as it was
at first.” John shortly after comes up again “for the wrangous taking of
five lilies out of John Gagy’s harth, and is ordainit to put in five
fresh lillies again.” A gleaner who has been helping herself to corn
from a farmer’s stooks, only has the blanket seized in which she carried
it. When there were aggravating circumstances theft was punished by
flogging.
“Vehement suspicion,” without direct proof, was sometimes held to
justify punishment. “James Richardson, tailzour, being accusit of
pickrie, is adjudgit to be punishit with twelve straiks with ane double
belt, because there could be nae sufficient proof gotten, but vehement
suspicion, and syne to be banishit this burgh for year and day.” Another
tailor is, however, able to prove his honesty. Sande Loke is accused by
Jonet Sands, of keeping back some of the cloth that should have gone
into her kirtle. The kirtle was produced, and Sande ripped open the
seams, and laid it upon “ten quarters of new claith of like breid, and
it was found to be nocht minished by the craftsman.”
The habit of wearing swords, or “whingers,” as they are called, was a
fertile cause of quarrelling and personal injury. Sometimes offenders
were degraded by being for a time prohibited from wearing swords: thus,
William Fyf and James Richardson are, after an encounter, “convict for
troublance of this burgh by invading ilk other with wapins; William is
discernit to pay the barbour whilk heals James’ arm, stricken by him
with ane whinger; and baith are forbidden to wear whingers for the space
of ane year, or to invade other by word or deed in time coming, under
the pain of banishing the party whilk sall be found culpable.”
John Anderson “is decernit to pay to the common gude, the soum of five
pounds for his unlaw in breaking of the acts, by drawing of ane whinger
and invading of Archibald Kyd for his bodily harm, publicly in open
mercat; and he sall pass to the place where he offendit Archibald, and,
upon his knees, desire of him forgiveness. And his whinger is to be
taken from him, and put in the cuck-stule.” Jonkyn Davidson “hurt and
woundit John Jack in his body, with ane whinger, to the effusion of his
blude in grite quantitie.” The Bailies for amends “decernit that, upon
Saturday next Jonkyn sall come to the Mercat Cross in his sark alane,
his head discoverit, and, upon his knees, take his whinger by the point
and deliver the same to John; and thereafter the officer sall affix it
in the place whair the whingers of those are affixit that commit tulzie
within the burgh. And Jonkyn sall ask mercy and forgiveness at John, for
God’s sake, for his crime; and then sall act himself to be true friend
to John, and sall never hear nor see his hurt nor skaith, but will tak
part with him in all lawful things; and sal never draw a whinger
hereafter, on ony inhabitant, under the pain of banishing this burgh for
ever.” Furthermore he becomes bound to pay John by instalments the sum
of one hundred pounds. On the day named, Jonkyn, at the Market Cross,
made the prescribed atonement, “and then John receivit him in favour,
embracit him in his arms, and forgave him the crime.”
PENALTIES FOR IMMORALITY.
It was not only overt crimes which came under the jurisdiction of the
magistrates; they also took cognizance of conduct and habits which were
considered indecent, or which might lead to breaches of the public
peace. Thus the ringing of the ten o’clock bell was the call to a
general clearance of the streets and alehouses, a notification that the
burgh was entering into “the silence of nicht.” It was enacted that “Nae
person be fund walking in the nicht season, prevatlie or openlie in the
streets or gaits of the burgh, or drinking in ony ale or wine tavern
efter ten hours of the nicht, under the pain of forty shillings[2] for
the first fault, and for the next fault to be banishit; and that nane
sell ale or wine to sic persons, under the pain of banishing.”
Footnote 2:
The comparatively low value of Scots money is always to be taken into
account.
It was also enacted, “Forsameikle as we know it to be the command of God
that there sall nocht be ony drunkards among his people, we therefore
ordain that gif ony man be apprehended in drunkenness, he sall pay for
the first fault five merks unforgiven, for the second ten merks, and for
the third ten pounds, to be taken up by the deacons and distribute to
the puir. And gif he will nocht mend, but continue, then the Bailies
sall give him ane sys [assize] of neighbours, and gif he beis convictit,
he sall be banishit for year and day, and sall nocht be receivit without
his open repentance.” Provision is made for inability to pay fines; this
is commuted for so many days in “thiefs hol,” and the same act to
proceed upon drunken women.
[Illustration: REPENTANCE-STOOL, FROM OLD GREYFRIARS’ CHURCH.]
And again, “That gif ony men or women be notit as common blasphemers of
the holy name of God, the Bailies sall give them ane sys of neighbours;
and gif they be convicted of it, they sall be usit samen as drunkards,
quhidder they be rich or puir.” But a more summary system than that of
assize was also adopted. “Quhasover is apprehendit banning, execrating,
swearing, or blaspheming openly, sall be taen incontinent and put an
hour in the choks.” This instrument of punishment was furnished with a
gag which entered the mouth; and besides the one for public offenders,
the citizens were “ordainit” to keep in readiness their own “choks for
correcting of the banners and swearers in their awn domestic houses.”
[Illustration: THE JOUGS, AT DUDDINGSTON, NEAR EDINBURGH.]
It is ordered that keepers of houses of ill-fame, “sall dispatch
themselves off the town, or else amend, and leave sic vicious manner of
leiving; for gif they be apprehendit therewith in time coming, they sall
be openly banishit at the Mercat Croce.” Unchaste conduct met with
severe reprobation. Men and women were “for the first fault to be
admonishit by the preachers to forbear, and to shaw their open
repentance publicly in presence of the haill congregation, and so
forbear in time coming. But gif he and she be again apprehendit in the
same fault, they sall stand three hours in the gyves, and be thrice
doukit in the sea, and gif that punishment serves nocht for amendment,
they sall be banishit for ever.” But the life of a coming child was not
to be endangered in punishing an unchaste woman; it was enacted that,
under such circumstances, “the woman, of what estate so ever she be,
sall be brocht to the Mercat Croce openly, and there her hair sall be
cuttit of, and the same nailit upon the cuck-stool, and she make her
public repentance in the Kirk.”
Exposing offenders to popular derision was a common mode of punishment
in Scotland. The stocks and the cuck-stool in the market-place, and the
stool-of-repentance in the church, were all used on the supposition that
the evildoer had still shame and a wholesome dread of the finger of
scorn lingering in the heart. The _jougs_—a hinged iron band for the
neck, attached by a chain to the market cross, the gate-post of the
parish church, or the tolbooth, a tree, or other wise—were a common
institution. The offence of the culprit would be placarded in bold
characters and very plain terms on his or her breast, or overhead.
ADMINISTRATION OF THE EFFECTS OF PERSONS DYING. DRESS REGULATIONS.
Still drawing upon Mr. Alex. Maxwell’s researches amongst the municipal
records of Dundee in the middle years of the sixteenth century, we learn
that the Town Council, finding that much confusion arose from the
improvidence of many of the citizens in not making testamentary
dispositions of their effects, it was ordained: “that there sall be twa
honest men—responsal, famous and godlie—chosen by the general consent of
the haill estates of the town, and power given to them to pass—quhidder
they be requyrit or nocht—to visit man or woman in peril of death; and
they sall enquire at the sick gif they will mak ane testament, and gif
they consent, then the visitors sall despatch and put out of the house
all manner of man, and woman, and bairn, except such honest and sober
persons as the sick sall desire to be present as witnesses; and the
devyse and legacy then made by the sick person to be registrat
authentically in the buiks of the visitors, who after the decease of the
person testit as said is, sall see the dead’s will fulfillit.”
The dress worn by burgesses and others was required by law to be suited
to the degree of the wearer. In the fifteenth century, Parliament
ordained “anent the commons, that nae lauborars nor husbandmen wear on
the week day any clothes but gray and quhite, and on haliday licht blue,
and green or red; and their wifis corresponding, with curches of their
awn making, the stuff nocht to exceed the price of forty pennies the
ell. And that nae men within burgh that live by merchandise, unless they
be in dignity as Bailie, or gude worthy man of the Council, shall wear
claiths of silks, nor costly scarlett gowns, nor furrings; and that they
make their wifis and dochters in like manner to dress becomingly, and
corresponding to their estate; on their heids short curches, with little
hudis, as are usit in England; and as to their gowns, that nae woman
wear costly furs, nor have tails of unsuiting length, but on the
haliday: and that no woman come to the kirk or market with her face
coverit, that she may not be kend.” By another act, in 1567, it was
ordered “that nae women wear dress abone their estait, except——.” The
word we omit is spelled in the original the same as that which
designates the nymphs in the Mahometan paradise.
------------------------------------------------------------------------
Old Aberdeen.
The following extracts from the Burgh records are interesting, as
illustrating the history and the manners of the 15th and 16th centuries.
21st April, 1452.—“The maist parte of the hale communitie of the burgh,
consentit that because of perile, the toune sal be stregnthinit with
walles, and fortifitt in a gudely manner.”
1st February, 1484.—“It is ordainit that the talyeours, and al other
craftsmen, sal beyr their taykins of their craft upon their brestis, and
their best array on Candilmas Day.”
4th July, 1497.—Henry VII. was at this time retaliating on Scotland for
the invasion of Northumberland by James IV., and for his assisting the
imposter, Perkin Warbeck, in his claims upon the English throne:—“It is
ordanit that a watch be set nichtly, for the sayfty of the town against
the Inglish, and gif they propose to lande on the northt partis of the
havyne, that all mannere of men, with their carts of weir, with horses,
gunrye, artailzerie, and all other defensebile wapinnis, be redy, and
pass to resist thame, for the saiftie of our Cathedral Kirk, my lord of
Aberdenis Palace, our maisteris the chanonis, and ther familiaris and
habitaciones.”
30th January, 1510.—“It is ordanit that on Candlemas Day, as is the
yerlie ryt and custom of the burgh, in the honor of God and the Blissit
Virgin Mary, there shall be the processioun of craftsmen, tua and tua
togidr, socialie, als honourabily as they can. And in the Offering of
the Play, the craftsmen sal furnyss the Pageants; the cordinaris the
Messing; wobstaris and walcaris, Symeon; goldsmithis, the thrie Kingis
of Cullane; the litstaris, the Emperor; the masons, the thrie Knichtis;
the tailyours, Our Lady Sanct Brid, and Sanct Elene; and the skynners
the Tua Bischopis; and tua of ilke craft to pass with the pageant that
thai furnyss to keip their gear.”
4th May, 1511.—Respecting the reception of Margaret, the Queen of James
IV., it is ordered that this be “als honorablie as in ony burgh of
Scotland, except Edinburgh allanarlie.” The poet Dunbar appears to have
been present at the reception, and has left a graphic description of the
pageant. In the welcoming procession, giving “honorabill salutation,”
came first the “sweitt Virgin,” then the three orient Kings, with their
offerings to Christ; and then the “Angill” with flaming sword, driving,
for their disobedience, Adam and Eve out of Paradise:—
“And syne the Bruce—that evir was bold in stour
Thow gart as Roy cum rydand under croun,
Richt awfull, strang, and large of portratour,
As nobill, dreidfull, michtie campion:
The noble Stuarts syne, of great renoun,
Thow gart upspring, with branches new and greine,
Sae gloriouslie,—quhilk glaided all the toun:—
Be blyth and blissfull, burgh of Aberdein.
“Syne come thair four and twentie madinis ying,
All claid in greine of marvelous bewtie,
With hair detressit, as threidis of gold did hing,
With quhit hattis all browderit rycht bravelie
Playand on timberallis, and syngand rycht sweitlie;
That seunile sort, in ordour weill besein,
Did meet the Queen,—her saluand reverentlie;
Be blyth and blissful, burgh of Aberdein.”
26th February, 1512.—“Philip Clerk, bellman,” was brought up for passing
with his bell through the town, and, on his own notion, announcing that
oysters just landed would be sold ten for fourpence, when the boatmen’s
price was ten for sixpence. “It was ordainit the said belman suld syt
dune on his knees, and ask the ownaris of the said oysteris forgiwness:
and his crag [neck] be put in the goyf at their wyte.”
12th May, 1514.—This was a few months after Flodden, when there was
still “a moanin in ilka green loanin,” for the flowers of the land “a’
wede away” upon that fatal field. “Ordanit be the prouest, consail, and
communitee of this burgh, that for resisting of our auld inemeis of
Ingland, thar be warnyt nychtly aucht able men, furnyst with wapins, to
waicht and keip the town and the cost syde; and that thai haue redy with
them fyr and stuf to mak blaise, to warne thar marow’s gif thai sal
hopin to se ony salis on the cost, likane to wither.”