Memorials of Edinburgh in the Olden Time

All Books Kay's Originals Vol. 1 Kay's Originals Vol. 2 Memorials of Edinburgh in the Olden Time Edinburgh Past and Present Old and New Edinburgh Vol. I Old and New Edinburgh Vol. II Old and New Edinburgh Vol. III Old and New Edinburgh Vol. IV Old and New Edinburgh Vol. V Old and New Edinburgh Vol. VI

Go to: « Kay's Originals Vol. 1 « Kay's Originals Vol. 2 Memorials of Edinburgh in the Olden Time Cover Title Pages Contents List of Illustrations Preface Part 1: Historical Associations Part 1 Ch 1: Earliest Traditions Part 1 Ch 2: From The Accession of The Stuarts to the Death of James III Part 1 Ch 3: From the Accession of James IV to the Battle of Flodden Part 1 Ch 4: From the Battle of Flodden to the Death of James V Part 1 Ch 5: From the Death of James V to the Abdication of Queen Mary Part 1 Ch 6: From the Accession of James VI to the Restoration of Charles II Part 1 Ch 7: Historical Incidents after the Restoration Part 2: Local Antiquities and Traditions Part 2 Ch 1: The Castle Part 2 Ch 2: King's Stables, Castle Barns, and Castle Hill Part 2 Ch 3: The Lawnmarket Part 2 Ch 4: The Tolbooth, Luckenbooths, and Parliament Close Part 2 Ch 5: The High Street Part 2 Ch 6: The High Street and Nether Bow Part 2 Ch 7: The Canongate and Abbey Sanctuary Part 2 Ch 8: St Leonard's, St Mary's Wynd, and The Cowgate Part 2 Ch 9: The West Bow and Suburbs Part 2 Ch 10: Leith, and The New Town Part 2 Ch 11: Ecclesiastical Antiquities Appendix » Edinburgh Past and Present » Old and New Edinburgh Vol. I » Old and New Edinburgh Vol. II » Old and New Edinburgh Vol. III » Old and New Edinburgh Vol. IV » Old and New Edinburgh Vol. V » Old and New Edinburgh Vol. VI

A PPENBIX. 45 5 containing-apparently the skeletons of a man and two women ; which, says Mr Skene, in narrating the discoveq, “Corresponds singularly with the fact of a man of the name of Sinclair, and twu sistes, with both of whom he was convicted of having committed incest, being drowned in the North Loch in the year 1628.”-(Archaeologia Scotica, voL ii. p. 474,) BORINGP ERJURERTSoN’ auEs.-’l!he Acts of Sederunt of the Court of Session abound with evidence of similar cruel practices of early timea. On the 13th June 1561, Mongo Steivenston convicted of being “pejurett and mainsworn,” is ordered to be punished “be persing throw the toung, and escheiting all his movabill guds to our Soverane Lady’s use,” and the Provost and Magistrates art? required to proceed forthwith to the Market Cross, and put the same in execution. In another case of supposed perjury, on the 29th June 1579, the King‘s advocate produces a royal warrant for examining Iohne Souttar, notar, and Robert Carmylie, vicar of Ruthwenis ; and for the mair certane tryale of the veritie in the said matter, to put thaim in the buttis, genia, or ony uther tormentl, and thairby to urge thaim to declair the treuth.” Another era was that of the Douglas warn, when the highest crime that could be committed by the peasantry of the Lothians, was the carrying provisions to the beleaguered capital ; and accordingly many poor men, and a still greater number of women, were mutilated and hanged, simply for being caught bringing coals, salt, or garden stu€fs, to Edinburgh. Coming down, however, to more recent and peaceful times, we find similar modes of punishment adopted in the seventeenth century. Inthe Acts of Sederunt, 6th February 1650, ‘‘ The Lords found John Lawsone, indwellar in Leith, to be a false lying witnes, and alse ane false informer of an assize ; and ordaines him to be set upon the Trone ane hour, and his tongue to be bored with ane yrone, and thereafter to be dismissed. And in lyke manner find John Rob to be ane false informer of witnesses ; and ordain him to be set upon the Trone, and his lugg to he nailed to the Trone be the space of ane hour, and thereafter to be dismissed. And declares both the persons forsaids to be infamm in all tyme coming j and their haill moveables to be escheat to his Majestie’s use.” COH~~ONWEAPULNTISHH YENTS.-TOWards the close of the year 1650, an entire change took place in the administration of justice, by the transfer of the government to the nominees of Cromwell and of the English Parliament. Their rule is generally allowed to have been impartid, but the modes of punishment in use continued to be of the mme character as we have already described. Nicoll remarks in his Diary for December 1651 (p. 69) :--“It wes observed, that in’ the Englische airmy thair wes oftymes guid discipline aganes drunkiness, fornicatioun, and uncleanes ; quhipping fornicatouris, and geving thame thrie doukis in the sea, and causing drunkardis ryd the trie meir, with stoppis and muskettis tyed to thair leggis and feit a paper on thair breist, and a drinking cop in thair handis; and by schuitting to death sindrie utheris quha haid committed mutinie.” The next entry we shall quote from the old diarist introduces*u$ to a new crime, brought about by the political changes of that eventful period, and for which we find a novelty introduced in the mode of punishing that unruly member, the Tongue :-‘‘ Last of September 1652.-Twa Englischea, for drinking the Kingis helth, war takin and bund to the gallous at Edinburgh &oce, quhair ather of thame resavit threttie nyne quhipes upon thair naiked bakes and shoulderis, thaireftir thair lugges wer naillit to the gallous. The ane haid hie lug cuttit from the ruitt with a resoure ; the uther being also naillit to the gibbit, haid his mouth skobit, and his tong being drawn out the full lenth, was b u d togidder betuix twa stickes hard togidder with ane skainzie threid the space of half ane hour or thairby.” One or two more notices from the wme gossipping chronicle of the seventeenth century will suffice to illustrate the tender mercies of the Commonwealth rule in Edinburgh :- “26 Marche 1656.-Mr Patrik Maxwell, ane arrant decevar, wes brocht to the Mercat Croce of Edinburgh, quhaii a pillorie wes erectit, gairdit and convoyed with a company of sodgeris ; and thair, eftir ane full houris

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