Part 37

The main demands of the new church were for a complete abstinence from work and market-holding, as well as from public amusements, and a regular attendance on the sermons. We have seen some instances of the struggles of the church to induce mercantile people to abandon Sunday-marketing. So late as 1596, it is evident that their wishes were not fully attained, as we find the presbytery of Meigle then complaining to the Privy Council of the obstinate refusal of the people in their district to abandon a Sunday-market.[254] Two years later, the Town Council of Aberdeen was content to ordain that ‘nae mercat, either of fish or flesh, shall be on the Sabbath-day _in time of sermon_‘--a clear proof that they did not look for a complete suppression of marketing on that day, but only its cessation in time of church-service. There are many similar indications that at this early period taverns were allowed to be open, and public amusements permitted, at times of the day apart from ‘the sermons.’ It is somewhat startling to find the General Assembly itself, in 1579, expressing indifference to marriages being solemnised on Sunday (_B. U. K._), and only so late as January 1586, discharging ‘all marriages to be made on Sundays in the morning in time coming.’ Nor is it less surprising to find a kirk-session, so late as 1607, requiring that ‘the mill be stayit from grinding on the Sabbath-day, _at least by eight in the morning_.’[255] It clearly appears to have been common in 1609 for tailors, shoemakers, and bakers in Aberdeen, to work till eight or nine every Sunday morning, ‘as gif it were ane ouk day.’--_A. K. S. R._

Breach of the Sunday arrangements was usually punished by fines. In Aberdeen, in 1562, for an elder or deacon of the church to be absent from the preachings, inferred a penalty of ‘twa shillings;’ for ‘others honest persons of the town,’ sixpence. November 24, 1575, it is statute that ‘all persons being absent fra the preachings on the Sunday, without lawful business, and all persons ganging in the gait or playing in the links [downs], or other places, the times of preaching or prayers on the Sunday, and all persons making mercat merchandise on Sunday within the town ... sall be secluded fra all benefit of the kirk unto the time they satisfy the kirk in their repentance, and [the] magistrate by ane pecunial fine.’ Notwithstanding this statute, we find the Town Council in 1588 referring to the fact, that a great number of the inhabitants of the burgh keep away from church both on Sundays and week-days, and give themselves to ‘gaming and playing, passing to taverns and ale-houses, using the trade of merchandise and handy labour in time of sermon on the week-day;’ for which reason it is ordained that all shall attend the sermons on Sunday, ‘afore and after noon;’ as also every Tuesday and Thursday ‘afore noon,’ under certain penalties--a householder or his wife, 13s. 4d.; a craftsman, 6s. 8d.; ‘and in case ony merchand or burgess of guild be found within his merchand booth after the ringing of the third bell to the sermon on the week-day, to pay 6s. 8d.’ These ordinances were acted upon. November 28, 1602, ‘the wife of James Bannerman, for working on the Sabbath-day, [is] unlawit in 6s. 8d.’ ‘The same day, the session ordains that nae baxters within this burgh work, nor bake any baken meat, in time coming, on the Sabbath-day.’ Four Aberdeen citizens were, January 16, 1603, ‘unlawit, ilk ane of them, in 3s. 4d., for their absence fra the sermons on Sunday last, confessit by themselves.’--_Ab. C. R._ Soon after we find a bailie and two elders appointed to go through the town in time of sermon, and searching any house they pleased, note the names of all they found at home; likewise to watch the ferry-boat, and note the names of ‘sic as gangs to Downie, that they may be punishit.’--_A. K. S. R._

At Perth, January 8, 1582-3, ‘it was ordained that an elder of every quarter shall pass through the same every Sunday in time of preaching before noon, their time about, and note them that are found in taverns, baxters’ booths, or on the gaits, and delate them to the Assembly, that every one of them that is absent from the kirk may be poinded for twenty shillings, according to the act of parliament.’ Soon after, a married woman named Hunter was fined three pounds for her absence from church during the bygone year, and other three pounds for her absence during the time of fasting. In September 1585, tavern-keepers were subjected to a heavy fine for selling wine and ale in time of sermon. In 1587, the Sunday penalties were extended to the Thursday sermon. February 21, 1591-2, John Pitscottie, younger of Luncarty, and several other persons, ‘confessed that on the Sunday of the fast, in the time of preaching in the afternoon, they were playing at foot-ball in the Meadow Inch of the Muirton, and that the same was an offence; therefore they were ordained on Sunday next to make their repentance.’

In the same town, January 29, 1592-3, ‘the Lady Innernytie being called, and accused for absenting herself and the rest of her family from the hearing of the word on Sabbath, compears and confesses that she does it not, neither in contempt of the word nor of the minister, but only by reason of her sickness, and promises when she shall be well in health, to repair more frequently to the kirk and hearing of the word.’ This lady was the wife of Elphinstone of Innernytie, a judge of the Court of Session, and a Catholic. It is therefore probable that her submission was hypocritical. July 31, 1598, ‘Andrew Robertson, chirurgeon, being accused of breaking the Sabbath-day by polling and razing of the Laird of ... , declared he did it quietly at the request of the gentleman, without outgoing.’ He was ordained to make repentance, and warned for the future. It will be understood that under the designation of chirurgeon both surgery and the functions of the barber were embraced.

The Perth kirk-session also exerted itself to prevent Highland reapers from sauntering on the streets on Sunday, waiting to be hired (August 1593); and they took strong measures to put an end to the practice of cadgers departing from the Saturday market on Sunday morning (March 1599). Four persons were rebuked in November of this last year for ‘playing at golf on the North Inch in the time of the preaching after noon on the Sabbath’--a sport which would not now be indulged in on Sunday in any part of Scotland. April 13, 1601, ‘George Murray [was] accused for suffering of ale to be sold in time of preaching on the Sabbath in his house. [He] answered that he was in the kirk himself, and his wife also; but his servant came, and brought his wife out of the kirk to ane daughter of Tullibardine’s [Murray of Tullibardine--the family since become Dukes of Athole], to give her some clothes which she had of hers in custody, and in the mean time caused fill drink to the said gentlewoman and her servants with her.’ Murray was dismissed with an admonition.

By a stern act of the Aberdeen town-council, passed in 1598, a severe tariff of fines was ordained for various ranks of people on their staying away from Sunday and week-day services in the churches, every husband to be answerable for his wife, and every master for his servants. A burgess of guild or his wife was to pay 13s. 4d. for absence from church on Sunday. ‘Likewise, following the example of other weel-reformit congregations of this realm, [the council] statutes and ordains that the wives of all burgesses of guild, and of the maist honest and substantious craftsmen of this burgh, sall sit in the midst and body of the kirk in time of sermon, and not in the side-ailes, nor behind pillars, to the effect that they may mair easily see and hear the deliverer and preacher of the word; and siclike ordains, that the women of the ranks aforesaid sall repair to the kirk, every ane of them having a cloak, as the maist comely and decent outer garment, and not with plaids, as has been frequently used; and that every ane of them likewise sall have stules, sae mony as may commodiously have the same, according to the decent form observed in all reformit burghs and congregations of this realm.’--_Ab. C. R._

While it is thus apparent that observance during time of sermon and attendance thereupon were the principal objects held in view, it clearly appears that the day, in its totality, was then a different thing from what it now is. It was, as in Norway still, held to commence at sunset of Saturday, and to terminate on Sunday at sunset, or at six o’clock. As illustrations of this fact, two curious notices may be cited. In May 1594, the presbytery of Glasgow is found forbidding a piper to play his pipes on Sunday ‘frae the sun rising till the sun going-to.’[256] When a fast was ordained in Edinburgh, in December 1574, on account of impending pestilence, it was to commence ‘on Saturday next at aucht hours at even, and sae to continue while [until] Sunday at six hours at even.’[257] An act of the presbytery of Glasgow, January 1, 1635, ordered that the Sabbath be from 12 on Saturday night to 12 on Sunday night;[258] a clear proof that there was previously a different arrangement.

Another curious fact, indicative of a progress in the ideas of the reformed kirk as to Sabbath-keeping, is that there were ‘play-Sundays’ till the end of the sixteenth century. The presbytery of Aberdeen ordered in 1599 that ‘there be nae play-Sundays hereafter, under all hiest pain.’--_A. P. R._

In April 1600, in obedience to an ordinance of the General Assembly, it was arranged at Aberdeen--and of course a similar arrangement would be made in other places--that ‘on Thursday, ilk ouk [every week], the masters of households, their wives, bairns, and servants should compeir, ilk ane within their awn parish kirk, to their awn minister, to be instructit by them in the grunds of religion and heads of catechism, and to give, as they should be demanded, ane proof and trial of their profiting in the said heads.’

After this arrangement had been made, the religious observances of the citizen occupied a considerable share of his time. He was bound under penalties to be twice in church on Sunday, to make Monday a ‘pastime-day, for eschewing of the profanation of the Sabbath-day,’ to give Tuesday forenoon to a service in the parish church, to do the same on Thursday forenoon, and on that day also to attend a catechetical meeting with his family. Three forenoons each week remained for his business and ordinary affairs. Notwithstanding this liberal amount of external observance, the General Assembly appointed, in 1601, ‘a general humiliation for the sins of the land and contempt of the gospel, to be kept the two last Sabbaths of June and all the week intervening.’

[LICENTIOUS CONDUCT.]

Licentious conduct was from the first an object of severe observation to the reformed church, and many sharp measures were taken and harsh punishments inflicted for its repression.

In 1562, the kirk-session of Aberdeen ordained as its punishment, for the first offence, exposure before the congregation; for the second, carting and ducking; for the third, banishment from the town. A subsequent act of parliament imposed still severer punishment--‘That is to say, for the first fault, as weel the man as the woman sall pay the sowm of forty pounds, or than [else] he and she sall be imprisoned for the space of aucht days, their food to be breid and small drink, and thereafter present[ed] to the mercat-place of the town or parochin, barehead[ed], and there stand fastened, that they may not remove, for the space of twa hours.’ To this punishment some additions were made for a second offence, as cold water for food, and a shaving of the head. A third inferred ducking and banishment.

At Aberdeen, in 1591, in a case where a marriage relationship existed, the punishment inferred the depth of horror with which the offence was on that account regarded, the man being ordained to be banished from the town, but first to be set up at the cross on three several market-days, bound to the pillar by a pair of branks, and having a paper-crown on his head inscribed with his crime; also to stand on three several Sundays at the kirk-door, in haircloth, barelegged and barefooted, while the people are assembling; after which to be exposed in like guise at the pillar of repentance during the whole time of worship.[259]

November 20, 1582, the kirk-session of Perth ordains John Ronaldson, having offenders of this class in his custody, ‘to put every one of them in a sundry house in time coming, to give them bread and small drink, to let none of them come to the nether window [probably a window where they could see or converse with the people passing on the street]; and when they come to the cross-head, that they shall be fast locked in the irons two hours, their kurchies [caps] off their heads, and their faces bare, without ane plaid or any other covering.’

A stool or seat was raised in a conspicuous situation in each church, where penitents under this as well as other offences had to sit during service, and afterwards bear the rebuke of the minister. Many entries in the session records shew the difficulty there had always been in getting penitents, while in this situation, to remain unmuffled or uncovered. The only correction that seems to have been available was to ordain that such a sitting went for nothing. The Aberdeen session, August 1608, ordain that, ‘because, in times past, most part of women that come to the pillar to make their public repentance, sat thereon with their plaids about their head, coming down over their faces the haill time of their sitting on the stool, so that almaist nane of the congregation could see their faces, or knaw what they were, whereby they made nae account of their coming to the stool, but misregarded the same altogether’--the officer should thenceforth take the plaid away from each penitent ‘before her upganging to the pillar.’ The Perth session, in August 1599, had to take sharp measures with Margaret Marr, because being exalted to the seat of repentance, ‘she sat in the back side with her face covered, and being desired by John Jack, officiar, to sit on the fore side, and uncover her face that she might be seen, she uttered words against him in a bitter manner, and extended her voice in such sort that she was heard through all the kirk in time of sermon, and so behaved herself uncomely in the presence of strangers, to the great slander of this congregation.’ In very gross cases, a paper-crown was added to the external marks of infamy inflicted on delinquents.

As a specimen of the interference with private life to which the clergy were led in their anxiety to suppress licentiousness--the kirk-session of Perth (1586-7) would not suffer two unmarried sisters to continue to live together in one house, but ordained them to go to service, ‘or where they may be best entertained without slander,’ under pain of imprisonment and banishment from the town.

A custom obtained in those days of entering into conjugal life on the strength simply of a contract of marriage. It was called _hand-fasting_. The ceremony of marriage might take place afterwards or not, as the parties pleased. This the reformed clergy denounced as immoral, and they set themselves to correct it. The Aberdeen session, December 10, 1562, ordained, ‘Because sundry and many within this town are hand-fast, as they call it, and made promise of marriage a long space bygane, some seven year, some sax year, some langer, some shorter, and as yet will not marry and complete that honourable band, nother for fear of God nor love of their party’--that ‘all sic persons as has promised marriage faithfully complete the samen betwixt this and Fasteren’s Even next to come;’ penalty left blank. Such parties are also ordained in the meantime to live as single persons. April 12, 1568, the same session ordained that ‘neither the minister nor reader be present at contracts of marriage-making, as they call their hand-fastings, nor make nae sic band.’

The kirk-session records of the period must be held as revealing on the whole a very low state of morals, particularly among the humbler classes of the people.

[ECCLESIASTICAL DISCIPLINE IN OTHER MATTERS.]

Ecclesiastical discipline took upon it in those days to interfere with many matters in which it would be set at defiance in our day. It was part of the earnestness of the general religious feeling, while as yet no one had ventured to think that there are points which may best be left to the private consciousness, or which, at least, it can serve no good end to make matter of public regulation.

Of the sharp dealing of the Presbyterian preachers and their courts with avowed Catholics, we have already seen abundant illustrations, and more will yet be presented. Having become satisfied that the Catholic religion was a system of damnable error, our ancestors acted logically on the conviction, and thought no measure, however forcible or severe, misapplied, if it could save the people of that persuasion from the unavoidable consequences, and prevent the evil from spreading. To purge the land of papists and idolaters was therefore an object held constantly in view by the church-courts.

The slightest suspicion of being papistically inclined was sure to bring any one to trouble. One David Calderwood in Glasgow being found in possession of a copy of Archbishop Hamilton’s popish catechism, the presbytery sent a minister ‘to try and find of the said David’s religion.’ Another citizen of Glasgow was taken to task, on a charge of having, in the way of his profession as a painter, painted crucifixes in sundry houses. A Lady Livingston being suspected of unsoundness in the faith, in order ‘that she may be won to God,’ a deputation was sent by the presbytery to confer with her, ‘anent the heads of religion,’ and she was summoned under pain of excommunication. The same reverend body, hearing of one James Fleming, an Irishman, sent ‘to inquire of him his religion,’ On the 5th of June 1599, they are found taking measures for discovering Irishmen in their bounds, and ascertaining ‘wha are papists and pernicious to others they haunt amang.’

That to receive a Catholic priest into one’s house was a serious matter in those days, there is abundant evidence, some of which will be found in the sequel. But even to receive or keep company with an excommunicated papist, inferred severe pains; and in the Perth kirk-session register there are several instances of these being inflicted. For example, Gabriel Mercer was, in 1595, ordered to make public declaration from his seat in church of his offence in entertaining for three days Elphinstone of Innernytie, an excommunicated papist. The same order was given in 1610 in the case of Alexander Crichton of Perth, ‘who was convicted on his own confession of haunting and frequenting the company of Robert Crichton, excommunicate papist, eating and drinking with him in taverns, and walking on the street.’--_P. K. S. R._

In 1598, we find the presbytery of Glasgow concerning itself about a young man who had passed his father without lifting his bonnet. He was judged ‘a stubborn and disobedient son to his father.’ About 1574, the kirk-session of Edinburgh was occupied for some days in considering the case of Niel Laing, accused of making a pompous convoy and superfluous banqueting at the marriage of Margaret Danielston, ‘to the great slander of the kirk,’ which had forbid such doings.

The absence of external appearances of joy in Scotland, in contrast with the frequent holidayings and merry-makings of the continent, has been much remarked upon. We find in the records of ecclesiastical discipline clear traces of the process by which this distinction was brought about. To the puritan kirk of the sixteenth and seventeenth centuries every outward demonstration of natural good spirits was a sort of sin, to be as far as possible repressed. To make marriages sober and quiet was one special object. It was customary in humble life for a young couple, on being wedded, to receive miscellaneous company, and hold a kind of ball, each person contributing towards the expenses, with something over for the benefit of the young pair. Such a custom has been kept up almost to our own time, but much shorn of its original spirit. In the latter years of the sixteenth century, it was customary for the party to go to the Market-cross, and dance round it. At Stirling, October 30, 1600, the kirk-session, finding ‘there has been great dancing and vanity publicly at the Cross usit by married persons and their company on their marriage-day,’ took measures to put a stop to the practice. It ordained ‘that nane be married till ten pounds be consigned, for the better security that there be nae mair ta’en for ane bridal lawing than five shillings according to order,’ ‘with certification, gif the order of the bridal lawing be broken, the said ten pounds sall be confiscat.’[260]

In like manner the kirk-session of Cambusnethan, in September 1649, ordained ‘that there suld be no pipers at bridals, and who ever suld have a piper playing at their bridal, sall lose their consigned money.’ And in June next year, the same reverend body decreed that men and women ‘guilty of promiscuous dancing,’ should stand in a public place and confess their fault.[261]

The power of the kirk to enforce its discipline and maintain conformity, was a formidable one, resting ultimately on their sentence of excommunication, of which the following contemporary description may be given: ‘... whasoever incurs the danger thereof is given over in thir days by the ministers, in presence of the haill people assembled at the kirk, in the hands of Satan, as not worthy of Christian society, and therefore made odious to all men, that they should eschew his company, and refuse him all kind of hospitality; and the person thus continuing in refusal by the space of a haill year, his goods are decerned to appertain to the king, sae lang as the disobedient lives.’[262]--_H. K. J._

No unprejudiced person can doubt that the Presbyterian clergy of this age were in general correct in their own deportment, and sincerely anxious to promote virtue among the people; but it is also evident to us, under our superior lights, that they carried their discipline to a pitch at once irreconcilable with the natural rights of mankind, and calculated to have effects different from what were intended. It dived too much into the details of private life, was too inconsiderate of human infirmity, was extremely cruel, and altogether erred in trusting too much to force and too little to moral suasion. Even the innocent playfulness of the human heart seems to have been viewed by these stern moralists as an evil thing, or at least a thing leaning to the side of vice. On the injurious tendency of any system which equally makes a crime out of some peculiarity of opinion, or indifferent action, and of an actual infraction of the rights of our fellow-creatures, it were needless to insist.

[CUSTOMS.]

In the Council Register of Aberdeen, we obtain many notices of the customs of the burgh, most of which were probably common to other towns.