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.”
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.
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.”
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.