In no country and at no time has a more searching system of ecclesiastical

discipline been attempted than in Scotland in the first century after the

Reformation. Not only was the teaching or the practice of the unreformed

faith punished with the severest penalties, not only was attendance at

church and the learning of religion, as the reformers understood it,

rigidly enforced; but even the private life of the people was watched and

scrutinized. The behaviour of the congregation on the way home from divine

service, the amusements which formed the relaxation of the people, the

dress of the women in the street as well as at kirk, the snuff-taking of

the men, domestic broils and filial misbehaviour in the various

households,--these and other such matters were discussed by ecclesiastical

tribunals and visited with pains and penalties, as much as offences

against human or divine laws. The country was overspread with a network

of church authorities claiming disciplinary powers, there was quite an

arsenal of punitive machines in every district, and the whole system was

kept in motion by the free use of espionage. Verily, in Scotland "new

presbyter was," as Milton said, "but old priest writ large," larger in

fact than the original by far. Even the soldiery of the Commonwealth,

sufficiently used to the methods of Puritanism in England, were astonished

and disgusted with the ways and means of Scottish discipline; so much so

that during their stay in the country in 1650 they destroyed many of the

weapons of this intolerable tyranny; and it is indeed surprising that the

people themselves accepted it so long with submission. That the Church has

authority to use discipline over its members is admitted; and that at the

present time this authority is too little recognised is, in the opinion of

very many, equally true; but in the day of its supremest power the

Scottish Kirk Sessions seem to have usurped a universal authority. The

punitive rights of the State, the proper control which a man has within

his own house, even that discipline which every one should learn to

exercise over himself, all these, as well as that influence which more

strictly is the province of the Church, the Kirk endeavoured to control

and enforce by means of its own ecclesiastical courts.

Of these courts the first was the "Exercise," as it was at first quaintly

called, from the custom of "making exercise," or critically examining a

given passage of Scripture; more properly described as the Presbytery.

Next to this came the authority of the Synod, or district court, and the

final appeal lay to the General Assembly. Of these the higher courts not

infrequently did much more than exercise appellant jurisdiction, issuing

orders to spur on the zeal of the inferior ones.

The methods of punishment employed by the Kirk were various.

Excommunications were freely launched against offenders, especially

against those who did not accept in their fulness the teaching and

practices of the reformers. Public penance was also resorted to, often in

addition to some other form of punishment; the penance usually involving

the use of the "repentance-stool," or the jaggs, or jougs. The former of

these was a wooden structure formed in two tiers or steps, the lower of

which, used for less heinous offences, was named the "cock-stool." An

offender, judged to perform a public penance on this stool, was first

clothed in an appropriate habit, the Scottish representative of the

traditional white sheet, which consisted of a cloak of coarse linen, known

as the "harden goun," the "harn goun," or the "sack goun." Thus arrayed,

he (or she) stood at the kirk door while the congregation assembled and

during the opening prayer of the service; just before the sermon the

penitent was led in by the sexton and placed, according to the terms of

the sentence, either upon "the highest degree of the penitent stuill" or

upon, "the cock-stool"; where he stood barefoot and bare-headed during

the discourse, in which his sins and offences were not forgotten. The

congregation generally wore their hats during the sermon.

[Illustration: REPENTANCE STOOL, FROM OLD GREYFRIARS, EDINBURGH.]

The minutes and accounts of the Presbyteries have frequent allusions to

this stool and its accompanying "goun." Thus at Perth mention is made of

the provision of both cock-stool and repentance-stool, and in 1617 the

Kirk Session of the same place ordered a stool of stone to be built. The

Synods specially enjoined on all parishes the procuring of a

repentance-gown; in 1655 as much as L4, 4s. 6d. was spent in one for

Lesmahago, and in 1693 Kirkmichael, Ayrshire, ordered one of a special

fashion, "like unto that which they have in Straitoun," to be made. The

repentance-stool has maintained its place in scattered instances down to

modern times, one of the latest instances of its use being in 1884, when a

man stood on the stool to be publicly rebuked in the Free Kirk at

Lochcarron. The Museum of the Society of Antiquaries at Edinburgh contains

the old repentance-stool, formerly used in the Old Greyfriars' Church of

that city; the repentance-gown of Kinross parish is also preserved in the

same museum. It does not always follow that penance implies repentance,

and the strong arm of the Scottish Kirk sometimes compelled a man to

submit to the former without his experiencing the latter; such was

evidently the case with three reprobates who were excommunicated in 1675

by the Kirk Session of Mauchline, Ayrshire, because of "their breaking the

stool of repentance on which they had been sentenced to stand in presence

of the congregation."

[Illustration: JOUGS FROM THE OLD CHURCH OF CLOVA, FORFARSHIRE.]

[Illustration: THE JOUGS AT DUDDINGSTON.]

The jagg or jougs consisted of an iron collar fastened by a padlock, which

hung from a chain secured in the church wall near the principal entrance.

An offender sentenced to the jagg was compelled to stand locked within

this collar for an hour or more before the morning service on one or more

Sundays. About the time of the Revolution this dropt out of use, chiefly

from the fact that the State no longer suffered the powers of the Kirk to

be carried with so high a hand; several of the old jaggs, however, yet

remain. At Merton, Berwickshire, at Clova, in Forfarshire, and at

Duddingston, Midlothian, the instrument may still be seen attached to the

kirk wall; the jaggs of Stirling and of Galashiels have also been

preserved, though removed from their original places.[12]

Besides the repentance-stool and the jagg, which were specially the

weapons of the kirk, there were other instruments of punishment employed

by the State, to which the Kirk also did not hesitate at times to have

recourse. Just as the Spanish Inquisition handed over those whom it

condemned to the "secular arm" for punishment, so the Scottish Kirk passed

resolutions desiring the bailies to put this or that offender in gyves;

magistrates were requested to imprison others, "their fude to be bread and

watter;" employers were instructed to fine or chastise servants who used

profane language; and town authorities were solicited to procure

appliances for "ducking" certain classes of sinners. The brank or scold's

bridle, the stocks, and the pillory, were used by the ecclesiastical, no

less than by the civil, authorities; the Kirk also imposed fines, decreed

banishment, used the steeples as prisons, and inflicted mutilation, and

even death, upon offenders; its power to enforce these sentences being

largely due to the fact that civil disabilities followed the pronouncement

of excommunication. The excommunicated person was an outlaw; he could hold

no land, might be imprisoned by any magistrate to whom he was denounced,

and was to be "boycotted" by friends, followers, and tradesmen; any one

showing him the smallest consideration, or affording him the least

assistance, was liable to a similar punishment. These large powers were

only abrogated in 1690.

Among the offences dealt with by the Kirk, a prominent place was given to

adherence to the unreformed faith, and to any apparent lack of zeal for

presbyterianism. Saying mass according to the ancient rite, or even

hearing it, or giving any countenance to such as did so, was severely

dealt with. Hamilton, Archbishop of St. Andrews, was summoned, with nearly

fifty others, before the High Court in 1563, charged with saying mass; and

although he was liberated at that time, he was subsequently hanged. For a

similar "crime," John Carvet was put in the pillory at Edinburgh, in 1565;

other priests were banished in 1613; and another (John Ogilvie) was

sentenced to be hanged, drawn and quartered in 1615. For hearing mass,

John Logane was fined a thousand pounds in 1613, and many persons were

from time to time imprisoned, or otherwise punished. The Church festivals

were also put under a ban. The General Assembly in 1645 prohibited

schoolmasters from granting a holiday at Christmas; the Kirk Session of

St. Andrews punished several persons for keeping that festival in 1573;

and in 1605 the same authority at Dundonald summoned a man for not

ploughing on "Zuile day" (Yule). To harbour a priest, to possess books of

Catholic devotion, to paint a crucifix, all these were recognised

offences, which were visited with fines and imprisonment. In 1631 Sir John

Ogilvy of Craig was committed to jail for "daily conversing" with

supporters of the old faith.

The means adopted to promote reformed opinions among the people were

equally drastic.

The most rigid observance of Sunday as a Sabbath was enforced. In 1627

nine millers at Stow, in Midlothian, had to do public penance and pay

forty shillings for that "their milnes did gang on the Sabbath;" and in

1644 another miller, in Fifeshire, was sentenced to a fine of thirty

shillings, with the same addition, for a similar offence. The uncertainty

of the weather was not admitted as any excuse for Sunday harvesting, as is

shown by a fine inflicted (together with the usual penance) upon one

Alexander Russell and his servant for "leading corn on the Sabbath

evening," at Wester Balrymont. There are records of the stool of

repentance being called into use for the correction of fishermen who

mended their nets, of sundry people who gathered nuts, of a woman who

"watered her kaill," and of another who "seethed bark," on a Sunday. The

last named had to stand in the jagg for three Sundays as well. Lads who

were found playing on Sunday were sometimes whipt, as in a case dealt with

by the Kirk Session of St. Andrews in 1649, and others at Dunfermline in

1685. In 1664 it was enacted at Dumfries that "persons walking idly from

house to house and gossipping on Sabbath" should be fined thirty shillings

for their evil conduct; and in 1652 the Kirk Session of Stow actually

compelled one William Howatson to do public penance for having, on a

Sunday, "walked a short distance to see his seik mother."

But mere abstinence from work and play was not sufficient; attendance at

the kirk was compulsory. The amount of the fine exacted in different

districts varied, but everywhere even a single absence was noted, and had

to be paid for. At Aberdeen, in 1568, the penalty was 6d. for every

service missed; at Lasswade, in 1615, it was 6s. 8d. from a gentleman, and

3s. 4d. from a servant; at Dunino, in 1643, sum was 2s. for a first

offence, 4s. for the second, and a like proportion for others. Paupers who

failed in this duty were to be deprived of all relief, by order of the

Kirk Session of St. Andrews in 1570.

The almost omniscient eyes of the Kirk Sessions kept watch, moreover, on

the behaviour of the congregation while at the services. The Kirk Session

of Ayr summoned Andrew Garvine before it and reproved him in 1606, because

he was late at kirk; and at Saltoun, in 1641, a fine of 6s. 8d. was

decreed against everyone who ventured to "take snuff in tyme of divine

service"; at Perth the Session's officer was instructed "to have his red

staff in the kirk on Sabbath days, therewith to wauken sleepers, and to

remove greeting bairns forth of the kirk." The congregation was divided

according to the sexes, the men (most ungallantly) being allowed to

occupy forms, while the women sat upon the floor; and any departure from

this arrangement was gravely censured. The dress of the women also

occupied the attention of the Sessions, their habit of wearing their

plaids about their heads being especially condemned. At St. Andrews, the

beadle was commanded to go about the kirk during the service "with ane

long rod to tak down their plaidis" from the women's heads; while the

authorities at Monifieth took very extreme measures, ordering the

expenditure of five shillings in tar "to put upon the women that held

plaids about their heads." Women condemned to do public penance upon the

penitence-stool were deprived of their plaids before ascending that

ecclesiastical pillory.

The instruction which the people were to receive was also regulated by the

Kirk Sessions. Before the morning service, and between that and the

afternoon service, the children were publicly to recite their catechism,

both for their own edification and that of the people present. So it was

ordained at Stow in 1656, and at Dunfermline in 1652, on the ground that

it was "usit in uthyre kirks." But the passages of Scripture to be

treated by the preachers were also settled by the same authorities; the

custom being, apparently, for the minister to go systematically through

some complete book of the Bible. The Kirk Session of the "Kirk of the

Canongait," Edinburgh, desired the minister, who had just entered upon the

Book of Isaiah, "to begyne the Actes of the Apostles," after completing

the first chapter of the prophet; and Mr George Gladstanes, at St.

Andrews, was requested to take up the Second Book of Samuel. The length of

the sermon was fixed also by the Session, as is illustrated by a

resolution passed at Elgin, to the effect that Mr David Philips do "turn

his glass when he preaches, and that the whole be finished within an

hour."

All these regulations, moreover, did not apply exclusively to Sunday; for

although the Kirk forbade the observance of old Church festivals, it

rigidly enforced its own fasts and days of thanksgiving. There was public

service in the towns usually every Wednesday and Friday, and work was as

absolutely forbidden during service time on those days, and attendance at

kirk as strictly enjoined, as on Sundays. Moreover, the non-observance of

an appointed fast was visited with a heavy fine.

For the further protection of the people from any teaching contrary to the

received standard, the Press was carefully guarded, and the publication of

any work bearing on religion forbidden, unless it had first received the

_imprimatur_ of the Kirk's official "superintendent"; and publishers who

issued books which proved to be obnoxious to the ecclesiastical

authorities were compelled to withdraw them. The purchase of Bibles,

moreover, was not left to the zeal or discretion of the people; but by an

act of 1576, every householder worth 300 marks annual rent, and every

yeoman or burgess having stock valued at L500, was compelled to procure a

Bible and a Psalm-book, under a penalty of L10 (Scots).

Next to importance in the guidance of religious teaching and worship, and

indeed closely connected with it, in the estimation of the Scottish

ecclesiastical courts, came the question of witchcraft and sorcery. The

annals of the country throughout the seventeenth century, together with

the closing years of the preceding one, are full of stories of the trial,

torture, and punishment of alleged witches; and even in the early years

of the eighteenth century there are occasional instances of persons

proceeded against in the Kirk Sessions for using charms, and similar

superstitious practices. The unfortunate women charged with selling their

souls to Satan in exchange for occult powers seldom succeeded in

establishing their innocence, and juries which ventured to acquit them

were themselves occasionally charged with "wilful error" for so doing.

Under these circumstances it would seem that the accused, abandoning all

hope of escape, frequently took pleasure in exciting the wonder and the

horror of the court by the weird and marvellous tales which they invented

of their evil deeds; and no tale could be too marvellous for belief. It

made no difference in the enormity of the crime whether the supernatural

powers ascribed to the prisoner were used for good objects or for evil;

Isabel Haldane, who "cured Andrew Duncan's bairn, by bringing water from

the burn at Turret Port," Margaret Hornscleugh, who restored Alexander

Mason's wife to health and renewed the milking powers of Robert Christie's

cow, were burnt equally with Agnes Simpson, who had raised a storm to

drown King James, and Catherine Campbell, who had struck her young

mistress with convulsions. Foremost in hunting down these poor deluded, or

maligned creatures, were the ministers of the Kirk; and practically the

only lawful excuse for absence from a public service on Sunday, or even

for the omission of the service altogether, was attendance at a

witch-burning.

Much time of various Kirk Sessions was also occupied, now and again, in

considering cases of pilgrimage to holy wells, "turning the riddle" to

discover the name of a thief, and similar matters, and in reprimanding the

offenders. So late as 1709, the Kirk Session of Kilmorie summoned before

it a woman accused of "the horrid sin of the hellish art of

riddle-turning," and sentenced her to public penance on three several

Sundays.

More useful were the efforts, directed by the disciplinary authorities of

the Kirk, to prevent such sins as drunkenness, profanity, slander, and

sexual immorality. At Stirling, in 1612, a man was fined 20s. for being

intoxicated; and Dunino had, in 1645, a regular scale of fines for such

cases, 6s. for the first offence, 12s. for the second, and so forth.

Cursing and swearing were openly punished at the market crosses, by the

shame of the pillory, and by fines. Slander was met with the use of the

brank, the pillory, compulsory shaving of the head, or, in extreme cases,

with banishment from the district. In all these cases, a public reprimand

on Sunday at the stool of repentance was usually inflicted, in addition to

whatever other penalty there was imposed.

The violation of the marriage vow was made a capital crime in Scotland in

1563; but the death sentence was not actually carried out very frequently.

At Glasgow, in 1586, it was considered sufficient to send the offenders to

the pillory, barefoot and in sackcloth, and then to cart them through the

town; but in 1643, the punishment was made more severe--the jagg, a public

whipping, committal to the common jail, and, finally, expulsion from the

town, being the satisfaction demanded by local justice. In the case of a

minister who had admitted that he was guilty of adultery, the utmost

humiliation was demanded. He had first to prostrate himself before the

General Assembly, and implore their pardon in the most abject manner; he

was then required to do public penance in sackcloth at the kirk door, and

on the repentance-stool for two Sundays each, in three several towns,

which were chosen so as to complete his degradation. Edinburgh, the

capital, Dundee, his native town, and Jedburgh, the place of his ministry,

were all to witness his shame. For other sins of impurity, fines,

imprisonment in the kirk steeple, standing in irons at the market cross,

and having the head shaved, were, one or more of them, adjudged.

Some of the cases in which the Kirk exercised its discipline were such as,

it would appear to us, might have been dealt with more effectually in less

formal or more private ways. When a lad failed in proper respect to his

father, like the Glasgow youth who did not "lift his bonnet" on meeting

him, or even like him of St. Andrews, who struck his parent, it would

hardly seem to have been needful to report the matter to the Kirk, for it

to deal with it; yet the Sessions at those places solemnly considered

these misdemeanours, in 1598 and in 1574 respectively. Again, few

husbands, now, would probably care so far to confess themselves unable to

control their wives as to call in the authority of the Kirk to prevent the

"weaker vessels" from abusing their lords; yet such cases frequently

occupied the attention of Kirk Sessions. The brank, or imprisonment, or

the pillory, was the sentence usually pronounced on these rebellious

wives.

The interference of the Kirk Sessions in some matters, which they once

claimed as within their sphere, would now certainly be resented. Thus, the

presbytery of Glasgow forbade a marriage between James Armour and Helen

Bar, in 1594, on the ground that the prospective bridegroom was "in greit

debt"; and at St. Andrews, in 1579, all persons who could not recite the

Creed, the Lord's Prayer, and the Commandments were debarred from

matrimony. Moreover, the Kirk undertook the regulation of the wedding

festivities. At Stirling, in 1599, the Kirk Session decreed that no

marriage dinner or supper should cost above 5s.; and this was an advance

upon the rule passed at Glasgow, in 1583, which limited the cost to

"eighteen pennies Scots." At Cambusnethan, in 1649, the presence of a

piper at a wedding was forbidden; and at Dumfries, in 1657, the number of

guests was limited to twenty-four.

In too many instances the Kirk procured the information on which it acted

in enforcing these decrees through spies of one kind or another. The

informants, through whom cases were got up against the adherents of the

unreformed rites, were often men of the worst characters, such as Robert

Drummond, a twice-convicted adulterer, who finally died by his own hand.

The wretches who hunted down and tested those accused of witchcraft were

scarcely more respectable agents. Officers both of the kirks and of the

municipalities were required to watch for and report those who did not

attend divine service regularly; an espionage of the most dangerous and

objectionable kind being introduced when, as at Glasgow in 1600, it was

decreed that, on the "deacons" of craft-gilds informing of any remissness

in kirk-attendance of their members, half the fine imposed should be given

to the gild. Bailies were desired to traverse the houses on "preaching

dayes" to see that the people did not stay at home; beadles were "to tak

notice of those who tak ye sneising tobacco in tyme of divine service, and

to inform concerning them;" others were appointed to take the names of

such as were in the alehouses after eight o'clock at night; midwives and

doctors were threatened with discipline if they failed to report any

illegitimate birth which they attended; "searchers" were appointed to find

out those who did not buy Bibles and Psalm-books; in a word the lives of

the people were constantly under observation. It is perhaps the strongest

proof of the strength of the Scotsman's character that, after a century or

more of such interference with his responsibility, his sturdy independence

survived. Much of this disciplinary system died away when, in 1690, it

ceased to have behind it the civil disabilities attendant on

excommunication.

Curiosities of Church Finance.

BY THE REV. R. WILKINS REES.

"The plate for collections is inside the church, so that the whole

congregation can give a guess at what you give. If it is something very

stingy or very liberal, all Thrums knows of it within a few hours; indeed,

this holds good of all the churches, especially, perhaps, of the Free one,

which has been called the bawbee kirk, because so many half-pennies find

their way into the plate. On Saturday nights the Thrums shops are besieged

for coppers by housewives of all denominations, who would as soon think of

dropping a threepenny bit into the plate as of giving nothing. Tammy Todd

had a curious way of tipping his penny into the Auld Licht plate while

still keeping his hand to his side. He did it much as a boy fires a

marble, and there was quite a talk in the congregation the first time he

missed. A devout plan was to carry your penny in your hand all the way to

church, but to appear to take it out of your pocket on entering, and some

plumped it down noisily like men paying their way. I believe old Snecky

Hobart, who was a canty stock but obstinate, once dropped a penny into the

plate and took out a half-penny as change; but the only untoward thing

that happened to the plate was once when the lassie from the farm of Curly

Bog capsized it in passing. Mr Dishart, who was always a ready man,

introduced something into his sermon that day about women's dress, which

everyone hoped Christy Lundy, the lassie in question, would remember."

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