Women were regularly found guilty of gossiping, quarrelling or 'flyting' and were punished in this very public way, chained up with a metal cage over their heads which contained a mouthpiece to depress the tongue and prevent speech. A typical example is the case of Janet Foirside, found guilty of slandering Margaret Fleming in July 1584, by saying that she -
The excerpt, from a 16th-century Scottish legal document, offers a glimpse into the harsh realities of justice during that era. It details the punishments meted out by the "Kirk," the Presbyterian Church, which held significant power in Scottish society at the time.
The records highlight a clear distinction between the punishments for "honest men's sons and daughters" and those for servants. While the former group is only mentioned in passing, their punishment is left "to be prescribed" by the Kirk, suggesting a degree of leniency or perhaps different methods of discipline.
However, the focus on the servants reveals a stark reality of social hierarchy and punishment. The severity of the punishments imposed on servants – both in terms of financial fines and physical punishments – demonstrates the power imbalance between the wealthy and the working class.
Church and state regularly combined in this way to keep women in check, and it is evident from the records that the 'evil doers' were periodically successful in damaging or removing the branks. In December 1594, the Glasgow Kirk Session decreed that the branks(*) should be set up in a public place, and ordered a cart for the purpose of taking harlots through the town, and a pulley to be made on the bridge whereby adulterers could be ducked in the Clyde.
( *BRANKS - A scold's bridle, sometimes called a witch's bridle, a gossip's bridle, a brank's bridle, or simply 'branks', was an instrument of punishment, as a form of public humiliation. It was an iron muzzle in an iron framework that enclosed the head (although some bridles were masks that depicted suffering). A bridle-bit (or curb-plate), about 5 cm × 2.5 cm (2 in × 1 in) in size, was slid into the mouth and pressed down on top of the tongue, often with a spike on the tongue, as a compress. It functioned to silence the wearer from speaking entirely, to prevent the women from nagging. The scold's bridle was used on women. This prevented speaking and resulted in many unpleasant side effects for the wearer, including excessive salivation and fatigue in the mouth. For extra humiliation, a bell could also be attached to draw in crowds.)
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Let's break down the punishments in detail:
The first punishment mentioned for servants is a hefty financial fine – 40 shillings for men and 30 shillings for women. This was a significant sum in the 17th century, representing a significant portion of their wages.
For those unable to pay the fines, the document details a horrifying ordeal.
Fifteen days of a bread and water diet was a cruel punishment, designed to weaken and humiliate.
Public humiliation was another key element. The offender was forced to ride in a cart through the town, likely for a full day, for all to see their shame. This was followed by "ducking" in the Clyde River, a ritual humiliation and a form of waterboarding.
Finally, the offender would be placed in "jugs" at the town cross on a Monday, the busiest market day. The term "jugs" likely refers to a public pillory or a form of stocks.
These punishments reflect the social anxieties of the 17th century in Scotland. The Kirk, alongside the monarchy, sought to maintain order and enforce its moral code. Servants, often considered lower in status and less trustworthy, were seen as potential threats to this order.
The focus on public humiliation was not just about punishment; it was also about deterring others from committing similar offenses. The spectacle of the carting, ducking, and public display at the Cross served as a powerful warning to the entire community.
These practices were a stark contrast to the legal systems of today. While the idea of public humiliation might seem barbaric, it's important to understand the historical context. The 17th century was a period of immense social upheaval and religious fervor. The punishments detailed in this excerpt were not necessarily considered cruel or unusual for their time.
Over time, the legal system has evolved, prioritizing fair trials and individual rights. The harsh and often arbitrary punishments of the past have been replaced by more humane and just practices. However, this historical document serves as a reminder of how justice, and the punishments associated with it, have been shaped by the social and cultural forces of the time BUT before things get better, they often get worse. Join me next time where we delve into Glasgow's 'sexual misdemeanors' and the Kirk.
"Scotland's Legal History" by Gordon Jackson
"The History of the Scottish Kirk" by John Knox
"Public Punishment in Early Modern Europe" by Peter Burke
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