The Tongue. Middle Ages a false witness, when detected, was treated with as little mercy as a heretic. As a symbol of his crime, two pieces of red cloth, in the shape of tongues, were affixed to his breast and two to his back, to be worn through life. He was exhibited at the church doors on a scaffolding during divine service on Sundays, and was usually imprisoned for life. As the degree of criminality varied, so there were differences in the severity of chastisement. (Lea's Hist, of Inq., vol. i. p. 442.) To the old Stuarts of Scotland (we mean those estimable characters, Mary, her son Jamie, and his grandson Charles) swearing seems to have been particularly objection able — in others, and each had a law passed to endeavor to stop it. Mary's act is pecu liarly interesting as giving us samples of the oaths then in vogue among the Scottish clergy, nobles and commonalty, and as making it twice as bad to swear in summer as in spring, thrice worse to swear in autumn, and four times as bad to be profane in winter as when one could go a-maying. (The Scotch have always been philosophical, and doubtless understood why profanity varied in criminality with the procession of the equinox.) This is the title, and the act : "Anent them that swearis abhominable aithes. Because notwithstanding the oft and frequent preachinges, in detestation of the grievous abhomi nable aithes, swearing, execrationes and blasphematioun of the name of God swearand in vaine be his precious blud, bodie, passion and wounds, Devil stick, cummer, gore, toist or riefe them, and sik uther ougsum aithes and execrationes against the command of God, zit the samin is cum in sik ane ungodlie use amangst the people of this realme, baith of great and small estaites, that dailie and hourelie may be heard amangst them open blasphemation of Gods name and majestie, to the great contemption thereof, and bringing of the ire and wrath of God upon the people; Herefore and for eschewing of sik inconvenienties in times com ing, It is statute and ordained, that quhat-sumever person or persones swearis sik abhominable aithes, and detestable execrationes, as is afore rehearsed, sail incur the paines after following, als oft as they 48
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failzie, respective, that is to say, ane Prelate of Kirk, Earle, or Lorde, for everie fault to be committed for the space of three monethes next-to-cum; that is to say, unto the first day of Maij, exclusive, twelve pennies; ane Barrone or beneficed man, constitute in dignitie ecclesiatical, foure pennies : ane landed man, Free-halder, Vassal, Fewar, Burges, and small beneficed man, twa pennies; Ane craftesman, zeeman, ane servand man and all uthers, ane pennie. Item, the puir folkes that has no geare, to pay the paine foresaide, to be put in the stockes or prisoned, for the space of foure houres; and women to be weyed and considdered, conforme to their bloude or estaite of their parties, that they ar coupled with; And this paine to be doubled upon everie committat, after the out-run ning of the saidis three monethes for the space of uther three monthes thereafter; that is to say, fra the first day of Maij unto the first daye of August, exclusive, and from the first day of August unto the first day of November, exclusive, the paine to be tripled, that is to say, for everie pennie, three pennies; And fra the first day of November to the first day of Februar thereafter, quhilk makis the zeir compleit, the paine to be quadruple, that is to saye, for everie pennie, four pennies, effeirand to their Estaite. And from the compleeting of the said zeir the first faulte of ane Prelate, earle or lorde to be foure srjillinges, the second fault, aucht shillinges, and the third fault, sexteene shillinges, and for the fourth fault, to be banished, or put in ward for the space of a zeir and daye at the will of the Prince, and sik-like of all uther estaites, after their qualitie foresaide, to be punished effeirandlie. And the foresaide paines to be applied to the puir folkes, be them that sail be depute collectoures thereof." (Fifth Parliament, 1 Feb., 155 1, No. 16.) James, worthy soul! ratified and approved his mother's act, but put up the tariff rates much more than the increased prosperity of the country would seem to have warranted. For the prelates and such like he made the penalty four shillings, for the second class one shilling, for the third sixpence, and for the fourth four pennies; to the poor folks he gave the same punishment as Mary had. He doubled the penalty for a second offence, "and for a third fault the saidis secund paines to be doubled; and for the fourth
