Note 334 — Chapter III

Wodrow's History of the Church of Scotland, vol. i. pp. 383, 390–395. Laing's History of Scotland, vol. iv. p. 38: ‘A court of ecclesiastical commission was procured by Sharp.’ See also p. 41: ‘Under the influence of Sharp and the prelates, which Lauderdale's friends were unable to resist, the government seemed to be actuated by a blind resentment against its own subjects.’ Compare Burnet's History of his own Time, vol. i. p. 365. ‘The truth is, the whole face of the government looked liker the proceedings of an inquisition than of legal courts; and yet Sharp was never satisfied.’ Another contemporary, Kirkton, says of these Commissioners: ‘For ought I could hear, never one appeared before them that escapt without punishment. Their custom was without premonition or lybell, to ask a man a question, and judge him presently, either upon his silence or his answer.’ … ‘They many times doubled the legal punishment; and not being satisfied with the fyne appointed by law, they used to add religation to some remote places, or deportation to Barbadoes, or selling into slavery.’ Kirkton's History of the Church of Scotland, p. 206. See also Naphtali, or the Wrestlings of the Church of Scotland, 1667, pp. 126–130. But as particular cases bring such matters more clearly before the mind, I will transcribe, from Crookshank's History of the Church of Scotland, vol. i. p. 154, the sentences pronounced on a single occasion by this episcopal court. ‘The treatment of some of the parishioners of Ancrum is not to be omitted. When their excellent minister, Mr. Livingstone, was taken from them, one Mr. James Scot, who was under the sentence of excommunication, was presented to that charge. On the day fixed for his settlement, several people did meet together to oppose it; and particularly a country woman, desiring to speak with him in order to dissuade him from intruding himself upon a reclaiming people, pulled him by the cloak, intreating him to hear her a little; whereupon he turned and beat her with his staff. This provoked two or three boys to throw a few stones, which neither touched him nor any of his company. However, it was presently looked upon as a treasonable tumult, and therefore the sheriff and justices of the peace in that bounds fined and imprisoned some of these people, which, one would think, might atone for a crime of this nature. But the high-commission, not thinking that sufficient, ordered those criminals to be brought before them. Accordingly, the four boys and this woman, with two brothers of hers of the name of Turnbull, were brought prisoners to Edinburgh. The four boys confessed, that, upon Scot's beating the woman, they had thrown each his stone. The commissioner told them that hanging was too good for them. However, the sentence of this merciless court only was, that they should be scourged through the city of Edinburgh, burnt in the face with a hot iron, and then sold as slaves to Barbadoes. The boys endured their punishment like men and Christians, to the admiration of multitudes. The two brothers were banished to Virginia; and the woman was ordered to be whipped through the town of Jedburgh. Burnet, bishop of Glasgow, when applied to that she might be spared lest she should be with child, mildly answered, That he would make them claw the itch out of her shoulders.’