Bygone Scotland: Historical and SocialMaxwell, David
History
Bygone Scotland: Historical and Social
Maxwell, David
Scotland -- History
The habit of wearing swords, or “whingers,” as they are called, was a
fertile cause of quarrelling and personal injury. Sometimes offenders
were degraded by being for a time prohibited from wearing swords: thus,
William Fyf and James Richardson are, after an encounter, “convict for
troublance of this burgh by invading ilk other with wapins; William is
discernit to pay the barbour whilk heals James’ arm, stricken by him
with ane whinger; and baith are forbidden to wear whingers for the space
of ane year, or to invade other by word or deed in time coming, under
the pain of banishing the party whilk sall be found culpable.”
John Anderson “is decernit to pay to the common gude, the soum of five
pounds for his unlaw in breaking of the acts, by drawing of ane whinger
and invading of Archibald Kyd for his bodily harm, publicly in open
mercat; and he sall pass to the place where he offendit Archibald, and,
upon his knees, desire of him forgiveness. And his whinger is to be
taken from him, and put in the cuck-stule.” Jonkyn Davidson “hurt and
woundit John Jack in his body, with ane whinger, to the effusion of his
blude in grite quantitie.” The Bailies for amends “decernit that, upon
Saturday next Jonkyn sall come to the Mercat Cross in his sark alane,
his head discoverit, and, upon his knees, take his whinger by the point
and deliver the same to John; and thereafter the officer sall affix it
in the place whair the whingers of those are affixit that commit tulzie
within the burgh. And Jonkyn sall ask mercy and forgiveness at John, for
God’s sake, for his crime; and then sall act himself to be true friend
to John, and sall never hear nor see his hurt nor skaith, but will tak
part with him in all lawful things; and sal never draw a whinger
hereafter, on ony inhabitant, under the pain of banishing this burgh for
ever.” Furthermore he becomes bound to pay John by instalments the sum
of one hundred pounds. On the day named, Jonkyn, at the Market Cross,
made the prescribed atonement, “and then John receivit him in favour,
embracit him in his arms, and forgave him the crime.”
PENALTIES FOR IMMORALITY.
It was not only overt crimes which came under the jurisdiction of the
magistrates; they also took cognizance of conduct and habits which were
considered indecent, or which might lead to breaches of the public
peace. Thus the ringing of the ten o’clock bell was the call to a
general clearance of the streets and alehouses, a notification that the
burgh was entering into “the silence of nicht.” It was enacted that “Nae
person be fund walking in the nicht season, prevatlie or openlie in the
streets or gaits of the burgh, or drinking in ony ale or wine tavern
efter ten hours of the nicht, under the pain of forty shillings[2] for
the first fault, and for the next fault to be banishit; and that nane
sell ale or wine to sic persons, under the pain of banishing.”
Footnote 2:
Public-domain text, read in full here on John Shaqi.
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