Bygone Scotland: Historical and SocialMaxwell, David
History
Bygone Scotland: Historical and Social
Maxwell, David
Scotland -- History
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.”
Public-domain text, read in full here on John Shaqi.
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