Note 6 — Part II.

Jockey had been guilty of an offence which, had he lived a century earlier, might have brought about imprisonment by the civil power, in addition to his seat on the ‘cock-stool.’ Even about the middle of last century the penalties were severe, and the disgrace was considered great. Feeling in the matter, however, seemed to be more prompted by a fear of consequences than by true morality. Dr. Rogers, in Scotland Social and Domestic, p. 311, thus explains the legal position of presbyteries and kirk-sessions in regard to such matters—‘At the Reformation, Presbyterian judicatories proceeded to occupy the position of Consistory Courts. They took cognisance of offences precisely similar, with the exception of such as “speaking evil of saints” and “the non-payment of offerings,” or those which bore direct reference to the Catholic faith. Under the Presbyterian system, the kirk-session exercised the functions of the Archdeacon’s Commissary, and Presbyterian Synods and the General Assembly formed an appellate jurisdiction similar to that which was exercised by the Archdeacons and Bishops and the Archbishops of St. Andrews.’