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.
Public-domain text, read in full here on John Shaqi.
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