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 £500, was compelled to procure a Bible and a Psalm-book, under a penalty of £10 (Scots).