IV.
In practice if not in theory the position of the
Kirk Session was at this time autocratic. It exercised all the
functions of the various bodies which in our time carry on the
local government of a parish. It did a good deal else besides.
Like the Town Council, it dealt with money found. "Ordained
William Young to have ane half-crown contended for betwixt him
and the deceased James Ewing." Like the sanitary authority, it
dealt with overcrowding. "Ordained David Cathcart to speak to
Mount Lothian to build new houses to his coal grieves in
Kinglass that some families might not lye together in a very
little room like so many beasts." To a certain extent it dealt
with the sale of drink. It shut up or restricted the sale of
strong drink in public-houses on the Sabbath, while its members
were in the habit of going round the parish and enforcing early
closing on Saturday nights, "seeing that nothing was drunk after
eight at night." Thus they were certainly more thorough than the
present licensing authorities, and doubtless their methods were
more effective than those now prevailing. In regard to even
civil offences the session did birch bad boys, and it was
continually dealing with offenders against civil law and handing
them over to the magistrates for punishment.
V.
The church then stood in the old churchyard in
front of Carriden House. It had two "lofts," the seamen's and
the colliers', "the Grange Isle" and the ordinary oblong floor
space. The floor was of clay. It was unheated. It was not
regularly seated. People applied for leave to put in a seat, and
the session, if they saw fit, assigned them a certain portion of
the floor space for that purpose.
"The indwellers in Thirlestane petitioning for a
large seat in the west end of the church are permitted to put in
one—that part being vacant."
The elders had a seat of their own next the
pulpit; and, strange to say, that seat was looked upon as most
desirable. It is possible that it was hidden from the minister's
eye by the pulpit. One of the very first minutes tells that a
lock was put on it. But that was not enough. Ere long a woman
had to be reproved for "meddling with the elders' seat," and
then there came a long dispute' regarding the seat with John
Campbell—not in this matter alone—a sad stumbling-block in the
session's path. Campbell took possession of the elders' seat,
and after much debate the session appointed " James Wilson and
the session clerk to go up to Linlithgow to Sebastian Henderson,
procurator to-the Sheriff Court there, and to inform him in all
points the right which the session has to that seat, which John
Campbell wrongouslie and con-tentiouslie possesses; that the
session built the same for the use of the-elders, and that the
said Campbell has another seat in another part of the church
which his predecessors built, and to order him in the session's
name to represent the same before the Sheriff." Following this
Campbell offered a compromise which was satisfactory to the
procurator but not to the session. The matter had to go back to
Court again. Ere it could be dealt with, however, the minister
died, and there is no further record. Some of the seats at
anyrate were movable, for we find that "David Cunningham is
appointed to reprove William Young, beadle, for suffering people
to go into the church and takeout seats."
VI.
It may be remarked that this is not the only
reproof that William Young got. He was rebuked for tolling the
bell for funerals without receiving the fee for so doing. He was
also called into the session and "challenged of several things
against him: First, that he made not the graves deep enough, to
which he answered that he made them as deep as ordinary;
secondly, that he should not break ground (make graves) on the
Sabbath Day. Answered that he could not help that in respect
that the ground did not stand. If a grave were opened the day
before it would fall all in before the morrow, which put him to
as much trouble as if he were to break the ground on the
Sabbath. He was ordered by all means possible to help it and to
see if it could be foreborne.''
Another of the beadle's offences was the ringing
of the bell too soon on the examination (catechising) day.
The church does not seem to have been either wind
or watertight on several occasions. "It was ordained that any of
the elders that goe to Linlithgow to know what the sclatter
means in not pursuing: the sclating of Carriden Kirk, being
engaged by the heritors so to do a pretty while ago." And again
the session "appoints the clerk to show Bonhard or his lady that
the Earl of Buchan and his lady complained much of a window
which is not glazed which doth much harm ; and desyre them to
glaze it." And the session-house, "the minister's; Sabbath Day's
retiring chamber," as it is quaintly termed, was very frequently
in bad repair.
VII.
Notices of the administration of Church
ordinances are often interesting And first as to baptism. It was
"ordained John Anderson to employ some wright to make a seat
opposite the beadle's seat so that they may hold up their
children to be baptised." If no father could be found for a
child, or if the father refused to present his child, then
another man had to be found to present the child and engage to
see it brought up at school.
Proclamation of the banns of marriage was then on
three successive Sundays. On one occasion proclamation was
stopped by a woman before completion. She was asked to give
willingly to the poor for this breach of Church law. She
refused, however, and was forthwith ordered to pay two rix
dollars to the poor's box, "with certification that if she did
not her goods would be poinded." If after the banns were fully
published no marriage took place, the parties became guilty of
"mocking the kirk," and were fined a rix dollar each. "James
Allan reported his enquiries regarding the backgoing of the
marriage betwixt James Duncan and Mary Smeale, told that each
laid the wyte on the other. They were appointed to pay a rix
dollar each for the use of the poor for mocking the kirk." By an
Act of Session in July, 1695, marriage out of church was not
solemnised unless a rix dollar was given for the poor, and this
Act was renewed in February, 1704.
In those times the Sacrament of the Lord's Supper
was celebrated even less frequently than now. But this defect
was made up for in some measure by the habit of receiving of all
celebrations of the Sacraments in neighbouring parishes. And it
was not only held that by baptism we become members of the
Church, but also that all who had come to the years of
discretion, were free from' scandal and lived a religious life,
had a right to sit at the Lord's Table. Of their qualifications,
however, the session were judges, and their warrant was the
leaden token of admission to the Communion. "The Sacrament of
the Lord's Supper being to be celebrate at Mid-Calder, Sabbath
next, appoint such who are known to be prayers and keepers of
family worship to have testificats for receiving tokens there."
At the very beginning the session " ordained that
none were to be buried between sermons, especially in the summer
time." TVhile a little later it was ordained that the bell for
lifting was not to be rung by the beadle within one hour before
or half an hour after public service—the week-day service for
exposition of Scripture.
VIII.
The Kirk Session were the Parish Council of those
days, and undertook the sole charge of the poor. They paid for
the education of poor children at school; they gave the beadle
payment for 1d
digging graves for the poor, and the wright
payment for making their coffins. The beadle received six pence
Scots (a halfpenny of our money) per grave, and the wright forty
shillings Scots (three shillings and fourpence of our money) for
six "mort coffins." A poor woman complained that she had no
clothes to go to church in, and an elder was appointed to buy
her a coat and jacket. Two sailors from the parish had been
taken and made slaves to the Turks. The elders began a
collection for their ransom, and appealed for fuller help to the
Presbytery of Linlithgow. They took collections so that poor
"lads o' pairts" from the parish might attend the University.
They helped "broken," i.e., shipwrecked
seamen—"Ordained James Wilson to give forty shillings to a poor
Virginia man broken at sea, to help him to Newcastle." The
session found a minister's widow in great destitution, and they
gave her twelve shillings. They made a collection for the
sufferers by the great fire at the Canongate Head, Edinburgh,
and by the fire at Queensferry. They made a collection also for
Kinkell Harbour.
The sums quoted are always in Scots money, in
which £1 is equal to twenty pence sterling, one shilling to one
penny sterling, and one penny one-twelfth of a penny sterling.
There are thus £12 Scots in £1sterling.
How did the session provide even for the ordinary
necessities of the poor, especially at a time when there was
much poverty? They had the ordinary church collections, and if
there was special need they had special collections. They relied
also on the fees exacted for the performance of all duties of an
ecclesiastical character. We are told that the baptisms in Mr.
Park's time, under Episcopacy, were first 14s., afterwards 6s.,
now 18s; ^marriages 50s.—30s. for the poor, 14s. for the
schoolmaster, and 7s. for the beadle. The session appoints now "
the schoolmaster to have the marriages 40s., whereof 16s. might
be given to the poor, 4s. to the doctor—assistant
schoolmaster—6s. 8d. to the beadle, the rest he might keep to
himself."
There were also payments for proclamation of
banns, and various fines.
IX.
But the principal source of revenue from dues
was, it would seem, dues charged for the use of the mortcloth.
These dues were at first £3 for the mortcloth and 30s. for the
little mortcloth. In 1693 materials for a new mortcloth were
brought by one of the elders from Edinburgh, and £40 in all were
spent on these and its making up. The session gave the use of
the mortcloth without charge to those unable to pay. But two
matters connected with the mortcloth produced •_nnch worry. The
seamen got a mortcloth of their own. As a very serious
diminution of their revenues would have taken place if it were
used, the session remitted the matter to the Presbytery. The
dispute went on, and we find it recorded that " James Hart,
Duncan Allan, and James Wilson are to speak to their respective
masters to see if they will join with the session in interposing
their authority for war-randing the beadle not to open the
kirkyard gate nor make a grave to any who shall have the
seamen's mortcloth till they pay into the Eleemosynar (the
keeper of the mortcloth) 20s. for the meikle and 10s. for the
little mortcloth; as also the said elders to commnne with the
seamen anent the same." A compromise seems to have been
arranged, in all probability on these terms. The second matter
remained a source of constant trouble. People who got the use of
the mortcloth would not pay the dues. It was ordained that the
keeper of the mortcloth give it to no one until he either
receive payment or ample security. And finally the clerk was
instructed to give a written order to Thomas Knox, constable, "
for calling for money for the mortcloths from such as owes for
the use of them." But even this was not enough, so the session
fell back on the last resource of all creditors, and handed the
dues over to a lawyer to collect.
Dues were also charged for the erection of
headstones. These, too, got into arrear. But a more summary
method regarding them could be and was taken. The people who had
erected headstones were severally informed that " if they did
not pay five merks at once their headstanes would be cast over
the church dyke."
Before passing from the subject of the care of
the poor, we notice one or two curious examples of the session's
action in this respect. " It was ordained anent one William
Hardie, a poor, sick man, the session orders a chopin of honey,
with such materials as are prescribed by doctors to be put with
it to be given to him," while they gave a woman " a rix dollar
to help to pay the doctor for cutting off her finger." And they
paid £3 to another doctor for endeavouring "to cure a woman with
a distemper," i.e., insane.
The sum obtained from the collections, fines,
dues (other than mortcloth dues), amounted from July, 1695, to
July, 1696, to £561 12s.; while the amount spent on the poor in
the same period was £533 17s. 2d., leaving a balance of £27 14s.
10d. For the mortcloth there was received during the same period
£202 9s., and from this fund there was spent £44 18s., leaving a
balance of £157 10s. 6d. The mortcloth fund accumulated, and was
lent out at 5 per cent.
X.
After the Church comes the School. The old Parish
School stood on the vacant triangular bit of ground at the
Muirhouses in the angle between the Linlithgow and Miller Pit
roads. A copy of the deed of gift of this ground by Hamilton of
Grange, in 1636, stil1. exists. Besides this school
there were a number of "pettie" schools which were seemingly but
rooms in the houses of the teachers. That the Kirk Session had
great zeal for education, and that Iucy adopted the most
thorough-going methods in order to secure the efficient
instruction of the children of the parish is amply proved by the
records. Over all schools they exercised the very strictest
supervision, discharging all the functions of the School Board,
save that they asked no yearly contributions from rates, and
even to a certain extent taking the place of the Education
Department. There was constant friction between the "pettie "
schools and the parish school, and this friction must have been
one of the session's trials. That there may be impartial
judgment in this matter, it is well to remember that the parish
schoolmaster was also the session clerk.
The parish schoolmaster was nominally appointed
by the session and heritors—virtually by the session only. He
was paid his salary by the heritors. This salary, however,
required to be augmented by fees. To the schoolmaster an
assistant, who was termed "the doctor in the school," was
granted by the session, who paid for his services the salary of
£24 Scots (£2 sterling), and assigned him a share of certain
does. It is interesting to follow the story of one of those
"doctors" under the Kirk Session—John Currie. Three years after
his appointment it was ordained that "Duncan Allan and William
Halliday intimate to the doctor of the school not to be found
reading his own book in school when he ought to wait on the
teaching of the children, which if he be found to do the session
will take notice of it."
Apparently John Currie did not receive this
monition in the spirit of meekness, for in September—the reproof
had been administered in February—a minute reads—"It being
complained by the schoolmaster that one John Currie, who was
doctor to the public school, had deserted the said schoole and
had gethered a schoole at Grangepans to the great prejudice of
the public schoole, David Jamieson and Alexander Duncan are
ordered to goe in the session's name and discharge him from
keeping the said schoole, and to take the books from the
children and to put them out of doors; and certifie the said
Currie that, if he offer again to convene, the session will
refer him to the magistrate." At the next meeting of session
"Alexander Duncan and David Jamieson reported their diligence in
obeying the session's appointment in discharging John Currie his
keeping of schoole, and their putting forth the children; but
that he had since convened his schoole, and said he would keep
it whether the minister and session would or not. The session
therefore referred it to the Laird of Bonhard, Baylie of the
Regalitie of Borrowstounness, to take such cause with him as
accords, which the said Laird of Bonhard did in every point to
the satisfaction of the session." Good fortune, however, came to
John Currie. He was offered the appointment to a school by the
Kirk Session of Borrowstounness Parish. But he could not accept
it, could not, indeed, it would appear, live in that parish till
he got a certificate of good character from the Parish of
Carriden. This gave the session their advantage, and they knew
how to use it. "John Currie, compearing, and craving a
testificat to Borrowstounness, was refused the samen till he
gave it under his hand that he should receive no children from
this Parish of Carriden to Borrowstounness, where he had a call
to be a schoolmaster, and to get two of the representatives
there as caution for him to the effect above mentioned."
XI.
The Kirk Session had thorough control over the
pettie schools. They visited and examined them frequently. But
these schools acted to the prejudice of the public school, in
their opinion. For example, we are told that "One William Ross,
at Blackness, was discharged from keeping schoole in prejudice
of the public school." Then it was found that cnildren, though
the elders deemed they should, would not leave the pettie
schools and attend the public school. Elders were, for instance,
appointed to "visit David Cathcart's schoole and write down the
names of such as were able to come to the public schoole, and to
testify to him that if he put not them away speedily the session
would close his schoole altogether." David Cathcart was an
elder, and he seems to have laid this matter so to heart that he
no longer sat in session. The master of another of the pettie
schools was offered the post of doctor in succession to
Currie—partly in order that his own school at Bonhard might be
shut by his acceptance. He would not accept, however, "and the
session passed from their offer and ordained him to leave the
parish."
Grangepans was specially guarded against pettie
schools. One minute "appoints Robert Jamieson and James Wilson
to goe discharge Sarah Small, in Grangepans, she not having the
session's allowance conform to the order of Presbytery." In this
case the session's action was amply upheld by future events.
Sarah Small appears again in the record in quite another
connection. "Sarah Small and Margaret Robertson, dilated for
fighting and flyting, were ordered to be summoned against the
next day." Next day "Margaret Robertson cited and compearing,
denyed it, but told that Sarah Small strake her on the face,
rave the toy off her head, and dang her to the ground, and did
cast a dauner in at her door. Sarah Small, compearing, denyes
all that Robertson said of her, and complains that the said
Robertson called her a witch thief." Witnesses were called, who
proved conclusively that each was guilty of what the other
alleged against her, and even of more besides.
The session took care that the teachers of the
pettie schools should at any rate know something about their
duties. Here is an example of several cases of the kind that
might be quoted—"John Hart and William Bryce to visit Jean
Donaldson's school and take notice and tryall of her if she can
teach the children by syllabling the words."
As we have said, the Kirk Session was the School
Board of those old days. And no School Board now discharges its
duties so thoroughly as did the Kirk Session of Carriden in the
end of the seventeenth century. It frequently ordained certain
of its number—never including the minister, however, for some
reason we could not discover—to visit and examine the schools.
These elders reported the results of their visits and
examinations, and frequently commented very favourably on "the
children's proficiency and the schoolmaster's diligence." They
brought no unfavourable reports—at least, no such reports are
recorded. The elders were the School Board officer themselves. A
very common appointment was that all or some of them should go
round the parish and press the parents to send their children to
school. In cases in which this had no effect, parents were
summoned before the session and rebuked, while a promise was.
extracted that they "would have a care in future to send their
children to school." When smart children were discovered, they
had prizes assigned them for their encouragement in learning. At
little cost, far too little cost, good educational work was done
in Scotland of those old days, and she was then first of nations
in the matter oi education. Though one of the elders and the
schoolmaster had to make and mend the seats, that did not
prevent children in the public school of Carriden getting such
an education as enabled them to proceed straight to the
University of Edinburgh.
XII.
In its control of the general affairs of the
parish and its influence on the life of the people, the Kirk
Session owed its power to its ecclesiastical position, to the
favour for Presbyterianism, to the strong religious feeling that
prevailed—a feeling that had been largely augmented by the
persecutions of the Covenanting times. Besides, there was no
other authority to do the work which greatly needed doing. The
session was a compact body, of the people and constantly among
the people; there were no Dissenters; and if there were any
Episcopalians they had to be very quiet, while no Roman Catholic
dared profess his faith.
The great concern of the session was the
religious condition of the people. But we cannot separate
religion from daily life and morality— the widespread
ramifications of moral questions brought the Kirk Session as a
Court, to which was committed the spiritual rule of the parish,
into contact with every phase of the life of its people. And it
was felt to have power even beyond that which belonged to it as
a Court of the Church. If the Church of Scotland no longer made
and unmade kings, its support was more a necessity to £he civil
power than was the favour of the civil power to the Church.
We must remember the times were still most
unsettled, and that although the great mass of the people were
peaceable and orderly, there was a large roving population of
evil habits and bad character.
The session were possessed by the idea that by
all means the parish must be preserved from the presence,
influence, and contamination of this most undesirable element.
And, further, it was impossible for them to allow "randie
beggars," as they termed them, to settle in the parish and
become a burden on the liberality of its people, who were
frequently taxed to the utmost to provide for their own poor.
It would seem from the numberless notices dealing
with the matter that almost the greatest trouble the session had
was the "resetting"—not for a night or a short time, but through
the letting to them of rooms and houses—of these "undesirables."
Doubtless there was considerable weight in the pecuniary
benefits they must have received, and fear of the consequences
of refusal, while the sympathy of the poor with the poor would
have effect. Still, one cannot help wondering why many of the
people persisted in sheltering these wanderers, especially as
most lamentable misfortunes befel some of them through so doing,
and the wrath of the Kirk Session was not a thing to be
despised. Now the session summon a man for resetting randie
beggars. Then they appeal to Sir Walter Seaton of Northbank to
"extrude randie beggars" out of his houses. Judgment of
extrusion was passed on one Margaret Falconer, who is termed not
only a "randie beggar" but also "an intolerable fiery scold."
But Margaret refused to vacate. The session appealed to the
Laird of Bonhard; he was the resident magistrate and she
tenanted one of his houses. Bonhard, however, though usually
very ready to carry out the session's behests, gave in this
case, for some reason or other, the ambiguous answer that "he
would think about the extruding of Margaret Falconer." On
another occasion, to give one more instance, Bonhard was asked
to "extrude one Alexander Taylor out of the parish as being a
person unworthy of any Christian society." Again, several elders
were appointed to "speak to the resetters of those thieves at
the Muiredge." And at last a general intimation was made that
"no one was to set houses to such as could not maintain
themselves and had not a testificat."
The "testificat" played a very important part
indeed in parish life. No one was allowed to remain in the
parish—if the session could help it—save he or she brought a
testificat from the last parish lived in, stating that he or she
had removed from it " free from all public scandal." Bonhard was
an Episcopalian, and did not attend the Parish Church, but had a
chaplain of his own. Powerful though he was, and greatly though
the session were indebted to him, they at once demanded the
production of Bonhard's chaplain's testificat. Bonhard's
servants had also to produce testificats, as had those of
Carriden House. "Two gentlemen lately come to the parish" were
forthwith waited upon by the elders and asked for their
testificats. If these were not forthcoming, those whose houses
were occupied by persons not possessing them, or in whose
service they were, were at once commanded to turn them out or
dismiss them. This command was not always promptly obeyed. One
woman told the session that "she would keep her woman servant
from the north whether the session would or no." The session
replied that a testificat must be produced or she herself would
be dealt with. This was enough. Even when produced, testificats
were not always approved. Either they were not free from
ambiguity or the persons were not properly vouched for. On the
other hand, when people leaving the parish sought testificats
they were not always granted. To a woman who asked one the reply
was given that it would not be granted " till she had first
purged herself of that scandal of fighting with her neighbours."
The desire to be rid of an undesirable parishioner was not so
strong as the determination to enforce righteous punishment and
to support general principles of government. Thus the power of
the testificat was twofold. No one who had entered the parish
could remain in it without producing one. No one intending to
leave the parish dared depart without obtaining one. It is
instructive to note that at one session meeting testificats were
granted to parishioners going to Holland, Flanders, and Ireland.
Inquisition, demand, and threats could not bring testificats
from all nor secure the expulsion of all who could not produce
them. When these means failed, the session drew up what is
termed "a list of vagabonds and others not having testificats,"
and gave it to Bonhard that he might proceed according to civil
law. But no more than the session was Bonhard successful.
However, the session then agreed to "ask Bonhard to grant a
general warrand to Thomas Knox, constable, for answering the
minister and session in any business they may have to doe with
at any time." This was granted. Thomas, in obedience to
instructions, set about ordering all not having testificats out
of the parish. On more than one occasion we find Thomas Knox
asks and receives "something for his pains" from the session.
Testificats were demanded from those who came from Bo'ness, and
we are tempted to think that no love was lost on that parish
when we read that the session appointed one of the elders "to
goe and advise that woman who came from Borrowstounness to goe
out of the parish."
XIII.
The eyes of the session were everywhere, and,
like a famous professor, what they did not know of parish life
(and deal with, too) was not knowledge. A man was summoned "for
falsifying a deed of write." And a man had to appear for
"committing a ryot in the house of William Halliday," one of the
elders. William Bryce was appointed "to challenge John Twell for
not being more vigorous in obeying the Laird of Bonhard's
commands and the session's orders." George Walker was told that
"the session was much displeased he should keep a woman that
scolds her neighbours and otherwise miscarries." A man was
summoned for having produced "bad blood" between himself and a
neighbour by taking that neighbour's house "over his head."
Elspeth Waldie was reproved for "haunting a trooper's company,"
and William Robertson's sister for "singing profane songs on the
Coal Hill." "William Halliday, dilating that he had been
informed anent some that had been too late on Saturday night, is
ordered to see who they were and report next day." Again, "John
Waldie dilated Patrick M'Carter and John Miller for goeing
through the towne of Bonhard on Mundayes night with drawn knives
in their hands and saying they would defy all the towne." These
men were then summoned. Miller compeared, M'Carter didn't, and
was summoned a second time. Miller denied the charges against
him. He was asked why he had a "naked knife." He answered "it
was to cut his ain craigcloth, because he was like to be choked
therewith by people that fell upon him." At another meeting
M'Carter compeared and answered " that he stroke at them that
were struggling with John Miller." He denied he was drunk, but
confessed he drew a knife "because it behoved him to do so when
others came out with grapes against him."
James White's wife is reproved "for playing at
the cards and entertaining strangers too late on Saturday
night." John Burnet and James Henderson, in Northbank, are
reproved for their foolish jesting and offering to sell and buy
the said Henderson's wife. And the session permitted no tyranny.
"James Hart and James Allan are appointed to reprove JohnfMain
and his wife for their too much severitie and insulting over the
workmen of Grange Works." The session tendered its warmest
thanks to William Waldie, factor to Bonhard, for whipping the
miners for cursing and swearing. A woman was severely rebuked
for calling her neighbour "a Cameronian jade"—a term of obloquy
that tells its own tale of the bitterness of ecclesiastical
disputes. David Callender was rebuked for his idleness in
running away from his work. Again, " Elspeth Dick, in Grange,
having presented a complaint before the session wherein she
complains that James Henderson and others have, to her reproach
and abuse of her good name, made some base rymes which they had
in write, and that the coal grieves had the double thereof, and
therefore craved that the session would take notice thereof and
suppress the samen. The session recommend it to John Hardie and
James Brown to reprove these persons and to call for such papers
from them, and burn those papers, and withal to certifie them
that if they be found to spread or sing such papers or
reproachful songs of her or any else, they will be proceeded
against by the session."
A report reached the session that a master had
beaten his servant most severely, and that the man had died in
the field shortly after. They set themselves to inquire into the
matter at once. A boy stole clothes from a neighbour's house. He
had to appear before the session and sustain a sharp rebuke,
while he was threatened with much worse things should he offend
again. And Elspeth Cumming was dilated "for going aboord from
Grangepans to a ship with ale to the sojers her alone and
staying with them some time." The matter was referred to the
Baylie of Grangepansl to imprison her for some space.
XIV.
If the offence reported upon—dilated, as it was
styled—was slight, the session simply informed the delinquent if
he did not amend "the session would take notice of him"—a threat
terrible enough. The session, as a regular Court summoned by
their officer, accused parties before them. If they deemed that
the matter was not a grave scandal, and the party appeared and
made a full confession, with profession of determination to
amend, then it ended with a "sessional rebuke" and "a
certification to carry himself warily for the future or he would
have to suffer public rebuke." If the offence was really of a
scandalous character, then a public rebuke was administered
It consisted in sitting on the "black stoole" of
repentance before the congregation on three successive Sabbaths.
Frequently, and more frequently as time went on, offenders did
not appear when summoned. But, according to the form of process
which is still the law of the Church and of the land, nothing
could be done until they were summoned three times.
The form of process was therefore gone through,
the session taking care when appointing the officer to make the
third citation to appoint also two elders to give warning
personally of the consequences of disobedience to the third
summons. This third citation was seldom disobeyed, and when
disregarded, the parties usually took the precaution of removing
themselves from the parish.
When the form of process had been completed and
there was still no compearance, the parties were straightway
declared from the pulpit to be contumacious and disobedient, and
were suspended from all Church privileges. But if they had not
left the parish, the matter, as a rule, never ended there.
Sometimes they were passed on to the Laird of Bonhard to be
imprisoned or fined. In one place we read, "It was reported that
the Laird of Bonhard, in obedience to the session's reference to
him, had imprisoned William Crookston, who had now given all
securitie to conform himself to the session's demands." And
again we find that when a man was cited and did not compear,
"the session referred it to the Baylie of Borrowstounness to
cause his officer apprehend and secure him till he find caution
to answer the session when called." Sometimes suspected parties
would not confess. For them there was frequently a sharp remedy.
Such a case occurred, and "it was referred to the Baylie of
Borrowstounness to cast them into prison till they confessed
their presumed adultery." From time to time a list of scandalous
and disobedient persons was sent to the Justices of the Peace,
that those who would not satisfy ecclesiastical demands might
feel the force of the power temporal. And on one or two
occasions the Justices wrote and asked the session for such a
list. For instance, "A letter from the Clerk to the Justices of
the Peace direct to the minister and session was read desiring
that the session give up all the fornicators and other
delinquents in the parish against Tuesday next." As an effect of
these conjoined measures few remained long in the parish who had
been declared scandalous and disobedient without humbly coming
forward to crave the removal of their censure and to promise to
sit obediently on the "black stoole."
We sometimes wonder if the behaviour of all those
who thus sat in open confession was always to edification.
Certainly it was not in a case reported to us and vouched for by
an eye-witness in another Parish Church. In this church the
session insisted that the penitent should put on a white sheet.
The particular delinquent on this occasion, during one of the
long prayers, to the great edification of the congregation, who
were "standing glowering about them, as usual," adroitly slipped
the sheet off her shoulders and placed it gently on those of one
of the elders who was standing near with bowed head and shut
eyes.
XV.
Let us look at the Kirk Session in all its
plenitude of power as it is pictured in the language regarding
itself. They were not in office after the Revolution six months
before an elder dilated a woman for cursing the minister and
session. "Whereupon she was ordained to sit upon the stoole and
receave a public rebuke for these things the first Lord's Day,
with a certification that if she did not sit thereupon she would
be declared scandalous and disobedient. But she not sitting upon
the stoole, was declared scandalous and disobedient, the whole
session assenting." On another occasion an elder, in the course
of his visitation, was stigmatised by a woman as "an auld doited."
Not long after another woman was cited before the session for
calling an elder "a slave and ane hypocrite rascal." Two elders
were "ordained to go to Eupham Brown, spouse to John Wilson,
coal hewer, and sharply rebuke her for her un-Christian
expressions regarding William Halliday, and for opening her
mouth against other elders, and show that if she be found in the
like fault the session would proceed against her severely."
Here is a case of bold bearing before the session
as a Court. William Hosie, cited and compearing, being asked why
he should have taken in another man's wife to his house, he
being alone, and that it was very scandalous, did irreverently
and un-Christianly make answer, saying, "By his faith, he did no
hurt or harm by keeping house with that woman for his servant."
Being rebuked for his rash and irreverent carriage in swearing
in face of the minister and session, answered again, "By his
faith he did not evil; he behoved to keep a servant," adding
that none within the parish could prove scandal upon him. He
being put forth during the session's deliberations, it was
concluded to refer him to the civil magistrate. And being called
in, it was told him that he behoved "to be ane of a most wicked
and flagitious practice, which was clearly evident by that his
base and un-Christian bearing in the face of a reverent minister
and session, which he ought to look upon as a Court of Christ."
He was told he would be given up to the civil magistrate;
hereupon he left the parish and he was referred to the
Sheriff-Depute of Linlithgow. The following extract gives us a
realistic picture of a woman of independent mind and
unrestrained tongue:—"Isabel Anderson dilated for not
frequenting the kirk and for scolding, and for saying she cared
neither for minister nor session, and for saying the elders were
lying in whoredom, and for bidding her neighbours—(the rest must
be unmentioned)—was summoned against the next day."
XVI.
The case of James Kid is so good a picture of
life and of the session and its difficulties that we give it in
full—"The session appoints William Bryce and James Brown to goe
forthwith and reprove James Kid, at Burnfoot, for abusing his
wife and svriking her, and to certifie to him that the session
will not suffer any such base carriage in him or any other, but
will give him up and over to the Justices of the Peace." At next
meeting "the elders reported their speaking to James Kid, who
took their reproof indifferently satisfying; promised to give
obedience to the session; also promised for the future to carry
more calmly upon condition that his wife do not at any time
provoke him by contradicting him in such and such things as he
warns her not to meddle with him therein." The session's
dealings with Mr. Kid were not allowed to end there. Exactly a
year after we find "James Kid cited and compearing, was told
that the session had dealt very kindly with him in their
forbearing him, whereas he had, after four or five times
summoning, never compeared, but added to all others his
miscarriages contumacie. To which he, in proud, irreverent
manner, not discovering his head, answered that he had sent word
he could not win. Was challenged why he strake and beat to the
ground the church officer. Denyed he strake him to the ground,
but said why was the kirk officer meddling with his ground which
he had paid for. Was told that that ground was none of his.
Answered, by his faith, it was his, and he would make it appear
soe to be. Was challenged for frequent beating and abusing his
wife. He stifHy denyed, but said she carryed like a beast to
him, and put it to the session to prove it. Being urged to tell
whether he strake her: answered the session must prove it; and
again answered by his faith he would be wronged by none, for he
was a credit to his name, and would quit the life before he
would be wronged by any. The session dismisses him and refers
him to the Baylie of Borrowstounness."
The quarrels of husbands and wives have been
subjects of animadversion since the world began, and they crop
up at almost every meeting. One woman is reported to " weep late
and air, and that her husband shuts her out when he can get no
peace with her din." Even the following is found—"Ordains John
Anderson and George Muphray to reprove. John Robertson, elder,
and his wife for their scolding and drunkenness."
Here is a one-act drama of married life, with all
the stock characters which leaves nothing to be desired in the
energy of its actors—
"Witnesses in regard to the fighting one with
another of David Callender, his wife, mother-in-law, and others
testified : That Callender's wife came to John Miller's door
when he himself and his wife were in bed, desiring him for God's
sake to come and help, for her husband would kill both her and
her brother; and that when he and his wife, Elspeth Dick, rose
and went with the said Callender's wife and had come to his
mother-in-law's house, they saw the said Callender sitting and
swearing, and that when the said Callender went forth, his own
wife, his mother-in-law, and others took up stanes and did cast
at him and fell in his hair, and Callender's wife did always
bid, ' Kill the dog and rive him all in bitts,' and that his
mother-in-law swore by her soul she would have amends on the dog
to-morrow." These parties did not appear, and were referred to
the magistrate.
We are afraid part at least of the following
could be paralleled at the present day. Witnesses in another
case declared "that John Fairney, being drunk, did fall asleep,
but that one Katharine Paton, coming into his wife's house,
would have him awakened to drink more. His wife offering to
hinder the bringing in of any more drink, he swore he would have
ale, and would drink with Paton. That he swore he would ding out
his wife's harns, and that he took up a rung or cudgell and did
beat his wife, and did strike her five or six times."
In another case a man confessed that "he did give
his wife a buffet, but that if he did not do so he could have no
life with her. He did regrate it, professed sorrow, and besought
the minister and session to take some effectual means for her
bettering."
XVII.
Here is seemingly a hard case—
"Alexander Nimmo and Elspeth Sleigh, his wife,
cited, the man only compearing. Interrogated how it came that he
a man designing good should be found to disagree with his wife
to the scandal and reproach of religion: Answered that he was
very sorry that ever it should have been his sad lot to be so,
which he asserted was far against his mind. But it was his sad
misfortune to be yoked with a wife that crossed him daily in
many ways, but particularly in these things—that she will not
frequent ordinances either in coming to the kirk on the Sabbath
or the examine on a week day, and that she is a great scold, a
great curser and swearer by the name of God, and that she will
not join with him in family exercise to worship God: that upon
his reproving several her miscarriages and exhorting her to
carry otherwayes, she arose in a furious manner as one
distracted, and strake at him, and took him by the throat, and
had almost choaked him; and he, in his own relief and defence,
shutting her from him, she fell and bled a little, upon which
she cried and clamoured more. He did earnestly beg and entreat
that the session would take some effectual way, as in their
wisdom they thought most convenient, whereby to bring her to
carry in some ways more soberly."
It all ended with the denunciation of her
misdeeds from the pulpit before the congregation.
The appearance of such faults as cursing and
swearing are, like the "cursing of one Jean Hog," "frequent and
ordinary." Once a man gave the ingenious excuse for a fall into
this sin that at the time he " was almost brained by a fall in
the coalpit." It would not be to edification to cite examples of
the oaths employed, even although they were frequently both
vigorous and graphic. And, of course, there are other sins that
must be allowed to pass without notice, which are yet frequently
enough in evidence. Drunkenness, too, would seem to have been
very rife, and Sunday drinking is specially noted.
Soldiers were a sad trouble to the session in
many ways. There was a garrison at Blackness and a camp at
Balderston. Thus it came to pass that "James Anderson is ordered
to complain to the Governors of Blackness and Balderston
regarding the debaucherie in Jean Grant's house with the
soldiers." Other elders were ordered to "rebuke the coalbearers
for haunting the camp at Balderston as casting themselves in a
fountain of filthiness." Also, " Some soldiers having been found
drunk at or about the Murrays on Sabbath last, the session
refers to William Halliday and Arthur Pollock to enquire who
they were and where they got the drink."
The relations of neighbours with each other had
frequently to be dealt with. It was the frequent endeavour of
the session to have them "at peace and charity with each other."
Two elders are appointed " to goe and cause William Ellis and
James Savage's wife shake hands." Very frequently neighbours are
summoned before the session for "fighting and fly ting "with
each other. As, for example, it was reported that "Agnes
Mitchell declared she would be Marion M'Cunn's death or she
hers, while Marion had called Agnes a drunken jade"— and they
were cited to appear. A woman was summoned for praying that her
neighbour "might have a sad and cold armful of her husband."
Barbara M'Vey is summoned for calling a man " an
ill-faured thief " and his wife a witch. She had been taking a
lapful of dung out of this man's yard when his wife came out and
stopped her procedure. Upon this the expressions complained of
were employed. Barbara was referred to the Justices of the
Peace.