November 7th 1587

Slander damages

The Kirk Session of Perth in its self appointed role of bringing the people to what it considered to be a more acceptable form of religious practice, also took on the task of acting as a general civilising influence within the community.

“The minister and elders, understanding that they have been sundry and divers times troubled with flyters and slanderers of their neighbours, ordain that all persons whatsoever within this burgh being called accused and convicted in the offences of flyting or slander……shall be put upon the cock-stool (the pillory) from ten hours forenoon until twelve, there to remain with the branks (an iron bridle or gag) in their mouth and not to come down till the foresaid two hours be justly expired and past, and thereafter to pay ane half mark to the poor and also to find caution to compear in the seat and stool of repentance, and humbly on their knees crave the person or persons offended pardon and forgiveness.”

One might have thought that with such a comprehensive edict the practice of flyting would disappear. But old habits die hard. Two years after the Act was passed Margaret Maclaren, spouse of James Stobie, burgess of Perth was convicted of slandering Margaret Robertson spouse of John Spence, dyer who was also a burgess. Perhaps because the two families were relatively important, the full rigours of the law were not enforced.

Even so the Session ordained “the said Margaret Maclaren, upon her knees, in presence of the minister and elders, to ask the said John Spence and his wife pardon, and forgiveness, and likewise upon her knees afore her own house, the place where she uttered the slanderous words, to do the like.” She was also warned that if she repeated the offence she would undergo the full rigours of the Act.

Some were less fortunate. Margaret Murdoch and Margaret Waddel received the full treatment and were placed in the cock-stool “for their flyting and profane speeches uttered by them against others upon the common street at the Cross, to the great dishonour and slander of this congregation……”

Flyting took place even within the kirk. In 1622 Violet Gardener, “being accused of profaning the Lord’s Sanctuary in flyting with Janet Whyte immediately after their private prayers she answered that the said Janet had abused her with vile words and that she forbore the said Janet.”