Notwithstanding all efforts at repression, cases of excessive conviviality and of questionable frolics are not infrequent in these moral registers. It seems to have been a favourite prank to interchange the dresses of the sexes, and make a parade through the town by night, singing merry songs. At Aberdeen, February 9, 1575-6, Madge Morison is ‘decreit to pay 6s. 8d. to the magistrate, and Andrew Caithness is become caution for her repentance-making when she is required, and that for the abusing of herself in claithing of her with men’s claiths at the lyke [wake] of George Elmsly’s wife.’ A month after, in the same place, a group of women, ‘tryit presently as dancers in men’s claiths, under silence of night, in house and through the town,’ are assured that if found hereafter in the same fault, ‘they sall be debarrit fra all benefit of the kirk, and openly proclaimit in pulpit.’
At some blithesome bridal which took place in Aberdeen in August 1605, a number of young men and women danced through the town together, ‘the young men being clad in women’s apparel, whilk is accounted ane abomination (Deut. xxii. 5), and the young women with masks on their faces, thereby passing the bounds of modesty and shamefacedness, whilk aught to be in young women, namely [especially] in a reformed city.’ The matter was referred to the provincial assembly, and severe penalties threatened for future instances of the offence.—A. K. S. R.
At Perth, in 1609, we find the kirk-session dealing with an ultra-merry company, composed of Andrew Johnston, James Jackson, and David Dickson, and three women, two of whom were the wives of the first two men. They were accused of having gone about the town on the evening of the preceding Tuesday, disguised, and with swords and staves, molesting their neighbours. They stated that they had been supping, and after supper, from mere merriness, had gone about the town, but without molesting anybody. ‘It was certainly found that they were disguised; namely, Andrew Johnston’s wife having her hair hanging down, and a black hat upon her head; her husband with a sword into his hand; James Jackson having a mutch [woman’s cap] upon his head, and a woman’s gown; and that they hurt and molested several persons.’ The matter was aggravated by the consideration that it was a time of plague, and the offenders were convalescents new come in from the fields, with ‘the blotch and boil’ still on their persons. A public repentance was decreed to them.—P. K. S. R.
The chief element of conviviality among the common people, at this time, and for several generations later, was a light ale which the keepers of taverns made at home; hence browster-wife came to be a synonym for a woman keeping a public-house. The fierier and more fatal whisky was, however, not unknown. In the Aberdeen Kirk-session Register, under March 1606, we have two men brought up for ‘abusing themselves last week by extraordinar drinking of aqua-vitie.’
[OBSERVANCE OF SUNDAY.]
The Protestant Church took the observance of Sunday as a Sabbath from the ancient church; and the Presbyterians of Scotland adopted it fully, while rejecting all the other festivals—a fact with which Ninian Winzet did not fail to taunt them as an inconsistency in his Tractates, published immediately after the Reformation.[253] Not merely ecclesiastical acts, but several statutes of the realm, were put in effect for the purpose of enforcing the observance of the day as a day of rest and of religious exercises. From the terms of these, however, and from the accounts we have of frequent punishments for their neglect or infraction, it is evident that many years elapsed before the people of Scotland attained to that placid acquiescence in the order for the day which we now see.
The main demands of the new church were for a complete abstinence from work and market-holding, as well as from public amusements, and a regular attendance on the sermons. We have seen some instances of the struggles of the church to induce mercantile people to abandon Sunday-marketing. So late as 1596, it is evident that their wishes were not fully attained, as we find the presbytery of Meigle then complaining to the Privy Council of the obstinate refusal of the people in their district to abandon a Sunday-market.[254] Two years later, the Town Council of Aberdeen was content to ordain that ‘nae mercat, either of fish or flesh, shall be on the Sabbath-day in time of sermon‘—a clear proof that they did not look for a complete suppression of marketing on that day, but only its cessation in time of church-service. There are many similar indications that at this early period taverns were allowed to be open, and public amusements permitted, at times of the day apart from ‘the sermons.’ It is somewhat startling to find the General Assembly itself, in 1579, expressing indifference to marriages being solemnised on Sunday (B. U. K.), and only so late as January 1586, discharging ‘all marriages to be made on Sundays in the morning in time coming.’ Nor is it less surprising to find a kirk-session, so late as 1607, requiring that ‘the mill be stayit from grinding on the Sabbath-day, at least by eight in the morning.’[255] It clearly appears to have been common in 1609 for tailors, shoemakers, and bakers in Aberdeen, to work till eight or nine every Sunday morning, ‘as gif it were ane ouk day.’—A. K. S. R.
Breach of the Sunday arrangements was usually punished by fines. In Aberdeen, in 1562, for an elder or deacon of the church to be absent from the preachings, inferred a penalty of ‘twa shillings;’ for ‘others honest persons of the town,’ sixpence. November 24, 1575, it is statute that ‘all persons being absent fra the preachings on the Sunday, without lawful business, and all persons ganging in the gait or playing in the links [downs], or other places, the times of preaching or prayers on the Sunday, and all persons making mercat merchandise on Sunday within the town ... sall be secluded fra all benefit of the kirk unto the time they satisfy the kirk in their repentance, and [the] magistrate by ane pecunial fine.’ Notwithstanding this statute, we find the Town Council in 1588 referring to the fact, that a great number of the inhabitants of the burgh keep away from church both on Sundays and week-days, and give themselves to ‘gaming and playing, passing to taverns and ale-houses, using the trade of merchandise and handy labour in time of sermon on the week-day;’ for which reason it is ordained that all shall attend the sermons on Sunday, ‘afore and after noon;’ as also every Tuesday and Thursday ‘afore noon,’ under certain penalties—a householder or his wife, 13s. 4d.; a craftsman, 6s. 8d.; ‘and in case ony merchand or burgess of guild be found within his merchand booth after the ringing of the third bell to the sermon on the week-day, to pay 6s. 8d.’ These ordinances were acted upon. November 28, 1602, ‘the wife of James Bannerman, for working on the Sabbath-day, [is] unlawit in 6s. 8d.’ ‘The same day, the session ordains that nae baxters within this burgh work, nor bake any baken meat, in time coming, on the Sabbath-day.’ Four Aberdeen citizens were, January 16, 1603, ‘unlawit, ilk ane of them, in 3s. 4d., for their absence fra the sermons on Sunday last, confessit by themselves.’—Ab. C. R. Soon after we find a bailie and two elders appointed to go through the town in time of sermon, and searching any house they pleased, note the names of all they found at home; likewise to watch the ferry-boat, and note the names of ‘sic as gangs to Downie, that they may be punishit.’—A. K. S. R.
At Perth, January 8, 1582-3, ‘it was ordained that an elder of every quarter shall pass through the same every Sunday in time of preaching before noon, their time about, and note them that are found in taverns, baxters’ booths, or on the gaits, and delate them to the Assembly, that every one of them that is absent from the kirk may be poinded for twenty shillings, according to the act of parliament.’ Soon after, a married woman named Hunter was fined three pounds for her absence from church during the bygone year, and other three pounds for her absence during the time of fasting. In September 1585, tavern-keepers were subjected to a heavy fine for selling wine and ale in time of sermon. In 1587, the Sunday penalties were extended to the Thursday sermon. February 21, 1591-2, John Pitscottie, younger of Luncarty, and several other persons, ‘confessed that on the Sunday of the fast, in the time of preaching in the afternoon, they were playing at foot-ball in the Meadow Inch of the Muirton, and that the same was an offence; therefore they were ordained on Sunday next to make their repentance.’
In the same town, January 29, 1592-3, ‘the Lady Innernytie being called, and accused for absenting herself and the rest of her family from the hearing of the word on Sabbath, compears and confesses that she does it not, neither in contempt of the word nor of the minister, but only by reason of her sickness, and promises when she shall be well in health, to repair more frequently to the kirk and hearing of the word.’ This lady was the wife of Elphinstone of Innernytie, a judge of the Court of Session, and a Catholic. It is therefore probable that her submission was hypocritical. July 31, 1598, ‘Andrew Robertson, chirurgeon, being accused of breaking the Sabbath-day by polling and razing of the Laird of ... , declared he did it quietly at the request of the gentleman, without outgoing.’ He was ordained to make repentance, and warned for the future. It will be understood that under the designation of chirurgeon both surgery and the functions of the barber were embraced.