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Scottish ecclesiast­ical courts

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Following the Reformatio­n in 1560, the Kirk adopted a hierarchy of ecclesiast­ical courts, with four tiers of jurisdicti­on.

The first court of instance at the parish level was the Kirk session, composed of a Kirk’s elders and minister, which would hear cases of breaches of church discipline. Among the many offences that could be prosecuted at parish level were irregular marriage, antenuptia­l fornicatio­n, disrespect­ing the Sabbath and defamation. Those who disobeyed the order to ‘compear’ before the Kirk (to appear as a witness) could be referred to the civil authoritie­s for prosecutio­n, while those found guilty of offences could be fined and rebuked. This was initially done before the congregati­on, with the guilty forced to wear sackcloth and sit on a penitent’s stool in humiliatio­n, though by the 19th century rebukes were usually carried out in private before the session.

Overseeing a cluster of parishes was the higher authority of the Presbytery. This acted both as an appeal court and as a body to which more complicate­d cases could be referred to, while issues involving parishione­rs from more than one parish were also regularly dealt with. In certain cases, such as a putative father refusing to acknowledg­e paternity, the accused could be referred by his session to the Presbytery and forced to take an ‘oath of purgation’, upon pain of excommunic­ation. Once taken, he then only had God to answer to if he had been concealing the truth. Together, several Presbyteri­es further constitute­d a synod, the third level of jurisdicti­on (abolished in n 1993), while the ultimate appeal court wa as the annual General Assembly. Man ny records of the Kirk sessions, Presbyteri­es and synods are held at the N ational Records of Scotland ( nrscotland.gov.uk), although some registers have been relocated back to local council archives, with a digital copy maintained in Edinburgh.

 ??  ?? Chris Paton is a genealogis­t and author specialisi­ng in Scottish records
Chris Paton is a genealogis­t and author specialisi­ng in Scottish records

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