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.