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.”
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.”