The Aberdeen council, in 1592, ‘considering the wicked and ungodly use croppen in and ower frequently usit amang all sorts of people, in blaspheming of God’s holy name, and swearing of horrible and execrable aiths,’ ordained the same to be punished by fine. To make this the more effectual, masters were ordained to exact the fines from their servants, and deduct them from wages; husbands to do the same from their wives, keeping a box in which to put the money, and punish their children for the like offence with ‘palmers’ [an instrument for inflicting lashes on the open hand]—‘according to the custom of other weel-reformed towns and congregations.’ In 1604, the presbytery of Aberdeen enforced this effort of the magistracy by an edict, ordering that, for the repression of oaths and blasphemous language, the master of every house should keep a ‘palmer,’ and therewith punish all offenders who have no money to pay fines.—A. P. R.
In February 1592-3, the Aberdeen council, when expecting a visit of the king, ordained that ‘there sall be propynit to his majesty’s house ... ane puncheon of auld Bourdeaux wine, gif it may be had for money, and, gif not, ane last of the best and finest ale that may be gotten within this burgh, together with ... four pund wecht of pepper, half pund of maces, four unces of saffron, half pund of cannel, fourteen pund of sucker, twa dozen buists of confeits, ane dozen buists of sucker-almonds, twa dozen buists of confections, and ane chalder of coals.’
The king informed the council of Aberdeen in a letter, June 1596, that he understood ‘that the inhabitants and others resorting to this burgh, cease not openly to wear forbidden weapons, to the great contempt of his hieness’ authority and laws.’ He demands, and the council agrees, that strict order shall be taken to put down this custom, agreeably to acts of parliament.
The council records of Aberdeen do not bear traces of such frequent street-conflicts as prevailed in Edinburgh during this period. Such troubles were not, however, unknown. We find, for example, one citizen now and then drawing his whinger upon another, and either commencing a fight, or frightening away his adversary. In November 1598, a quarrel having taken place between a gentleman named Gordon, brother of Gordon of Cairnbarrow, and one Caldwell, a dependent and servant of Keith of Benholm, the magistrates immediately feared a disturbance in which Keith’s chief, the Earl Marischal, would as a matter of course be involved, and hearing that the parties were ‘convocating their friends on either side to come to the cawsey and trouble the town, and to invade others,’ they ordered that ‘the haill neighbours of this burgh, merchants and craftsmen, should ... compear in their arms, and specially in lang weapons ... for staying of trouble to be betwixt the said parties ... and that the town be warnit to that effect by the officers in particular, bell or drum, as sall be thought expedient in general.’
Popery, not infidelity, was the bugbear of those days; but heterodox opinions were not altogether unknown. The public notice taken of them was of a kind which might be expected in an age of sincere faith, unacquainted with reactions or with refined policy. At Aberdeen, one Mr William Murdo was apprehended by the magistrates, 6th January 1592, as ‘a maintainer of errors, and blasphemer against the ancient prophets and Christ’s apostles, ane wha damns the haill Auld Testament except the ten commandments, and the New Testament except the Lord’s Prayer; an open railer against the ministry and truth preached’—who ‘can not be sufferit in ane republic.’ He was ordained to be banished from the burgh, with a threat of having his cheeks branded and ears cropped if he should come back.—Ab. C. R.
There are many entries in the Council Record of Aberdeen, shewing that the burgal authorities took upon them to inquire into cases of reckless and disorderly life, and cases where regular communicating at the Lord’s table was neglected. In 1599, one John Hutcheon, a flesher, was threatened with banishment on these accounts.
The kirk-sessions were rigorous in punishing slander and scolding. That of Aberdeen made a statute, in 1562, ordaining a fine for slander, ‘and gif the injurious person be simple and of puir degree, he sall ask forgiveness before the congregation of God and the party, and say: “Tongue, ye lied,” for the first fault, for the second sall be put in the cockstool, and for the third fault sall be banished the town.’ The same body ordained at the same time that ‘all common scolds, flyters, and bards be banished the town, and not to be suffered to remain therein for nae request;’ bards being strolling rhymers, who were felt in those days as an oppression much the same as sturdy beggars.
At the Perth kirk-session, August 4, 1578, ‘Catherine Yester and John Denite were poinded each in half a merk for flyting, while John Tod, for slandering, was ordained to pay a like sum, and stand in the irons two hours, besides asking Margaret Cunningham forgiveness.’ In May 1579, Thomas Malcolm was fined and imprisoned for ‘having called Thomas Brown loon carle.’ In August of the same year, it was ordained that such as were convicted of flyting, and not willing ‘to pass to the Cross-head [that is, to be exposed on the Cross], according to the act passed before, should pay half a merk money to the poor, besides that other half-merk mentioned in the act of before.’ Subsequently the session gave up this leniency, and finally returned to it again. ‘Money,’ it has been remarked, ‘must have been of great value at that time, when so small a sum was proposed as the price of exemption from a most shameful punishment.’
April 25, 1586, the kirk-session of Perth has this minute: ‘Forasmeikle as John Macwalter and Alison Brice his spouse have been sundry and divers times called before the assembly for troubling their neighbours, and especially for backbiting and slandering of Robert Dun and his wife, and of Malcolm Ferguson and his wife, and presently are convicted of the crimes laid to their charge by Robert Dun and Malcolm Ferguson; therefore it is ordained, first, that the said John Macwalter and his wife be put in ward until the time repentance be found in them for their slanderous life; secondly, they shall come to the place where they made the offence, and there on their knees crave pardon of the offence committed, at the persons whom they have offended; thirdly, they shall pay a sufficient penalty to the poor, according to the act made against flyters; lastly, if they ever be found in word or deed hereafter to offend any neighbour, the bare accusation shall be a sufficient plea of conviction, that so the act made against flyters be extended against them, and finally to be banished the town for ever.’
November 2, 1589, the act against slandering was put in force at Perth, on an occasion where we should have little expected it. ‘Forasmeikle as this day was assigned to certain honest neighbours of Tirsappie[268] to be present, and of their conscience to declare if it was true that Guddal, spouse to Richard Watson, was ane witch, as John Watson then alleged, or what evil likelihood they saw in her—Walter Watson, John Cowing, George Scott, James Scott, being inquired severally, as they would answer to God, what they knew, altogether agreed in one without contradiction, that they saw never such things into her whereby they might suspect her of the same, but that she was ane honest poor woman, who wrought honestly for her living, without whose help her husband, Richard Watson, would have been dead, who was ane old aged man: therefore the minister and elders ordain the act of slander to be put in execution against the said John Watson and Helen Watson his daughter.’