Bygone Scotland: Historical and SocialMaxwell, David
History
Bygone Scotland: Historical and Social
Maxwell, David
Scotland -- History
Nice distinctions were made in the comparative guilt of accomplices:
Watte Firsell and Duncan Robertson are found guilty of “common pickery
of ane puir woman within silence of the nicht,” and the sentence is,—
“That Duncan sall scurge Watte round about within the bounds of this
burgh, as use is; and gif he fails in the extreme punishment of Watte,
then Climas sall scurge them baith, in his maist extreme manner. And
thereafter Watte to be had to the Cross, and, by open proclamation,
banishit this burgh for seven years.” Climas was probably the burgh
hangman, for the Court assumed powers of life and death. John Wilson
has, for diverse reasons, been “warded” within the burgh: “Gif he beis
funden passing out of this town, without licence of the Provost or
Bailies, to be put to deith without forder proof.” In another case the
manner of threatened death is specified: “The assize hes convict Agnes
Robertson for theftuously committing of pykrie—whilk she could nocht
deny, being apprehendit with her—and siclyke, hes convict Jonett Moreis
for reset thereof. And thairfore the Bailies ordain Agnes to be banishit
this burgh for all the days of her life, and never to be apprehendit
within the same, under the pain of drowning. And siclyke Jonett to be
banishit for year and day, and gif she be apprehendit within the burgh
before the said day, to suffer deith as said is.”
Generally in cases of theft, and where there were no aggravating
circumstances, justice was satisfied by simple restitution or
compensation.
John Cathro is relieved from the charge of carrying away the iron band
of Will Cathro’s door by his offer to make a new band “as gude as it was
at first.” John shortly after comes up again “for the wrangous taking of
five lilies out of John Gagy’s harth, and is ordainit to put in five
fresh lillies again.” A gleaner who has been helping herself to corn
from a farmer’s stooks, only has the blanket seized in which she carried
it. When there were aggravating circumstances theft was punished by
flogging.
“Vehement suspicion,” without direct proof, was sometimes held to
justify punishment. “James Richardson, tailzour, being accusit of
pickrie, is adjudgit to be punishit with twelve straiks with ane double
belt, because there could be nae sufficient proof gotten, but vehement
suspicion, and syne to be banishit this burgh for year and day.” Another
tailor is, however, able to prove his honesty. Sande Loke is accused by
Jonet Sands, of keeping back some of the cloth that should have gone
into her kirtle. The kirtle was produced, and Sande ripped open the
seams, and laid it upon “ten quarters of new claith of like breid, and
it was found to be nocht minished by the craftsman.”
Public-domain text, read in full here on John Shaqi.
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