It has been pointed out, I think by Buckle in his "History of Civilisation
in England," in comparing Spain and Scotland in point of superstition and
religious intolerance, that the latter country has denied to political
what it has conceded to priestly government, and hence its superior
material progress and prosperity. The general influence of the Kirk
Session, especially as exemplified in its disciplinary powers, was
unquestionably large and far-reaching, surpassing even that of magisterial
authority. Hence we may find records of fines levied by and paid to the
Kirk Session which we should have thought would have been solely within
civil jurisdiction. The church revenue derived from fines must have been
in some instances quite considerable, and as indicating their nature many
entries derived from old church records are of peculiar interest and
value. What the Church forbad _was_ forbidden, and when her laws were
broken or her wishes not complied with, the culprit had to pay the
penalty. When the minister and the session anathematized it was generally
discovered that it was not as with the Highland laird, who "did not swear
at anybody in particular: he jist stood in tae middle o' tae road and
swore at lairge." The anathemas were directed at a definite object, and of
the luckless individual thus aimed at it could not be said, as in the
"Ingoldsby Legends," "Nobody seemed one penny the worse."
The manner in which these fines were determined is sufficiently indicated
by an extract from the Records of Session of Tyninghame, under date May
12, 1616:--"Maister Johne (the minister, by name John Lauder) heavilie
compleinit yt ye last Lord's Day the Sabbothe was prophanit be sundrie
pepill, as he was informit, by yoking thair cairts about 10 or 11 houris
at evene, and led wair fra the see, to ye dishonour of God and evill
example of utheris. For redress heirof in tyme coming, it is ordainit be
the said Maister Johne and elderis present, that quhaevir sall yok to leid
wair on ye Sabbothe, befor ane hour efter midnight, or until 12 houris at
even be past, sall make publik satisfaction in the kirk, and pay 20s.
_toties quoties_; and also ordains publik intimation heirof to be maid."
Public-domain text, read in full here on John Shaqi.
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