112 Transactions. 



and of the local magistrate, and, indeed, in some matters of the 

 Court of Session, were by Statute, 1593, co-ordinate, but the 

 former had full powers in questions of the faith and of morals in 

 the first instance. 



We may in a general way classify the accusations, or "delations" 

 as they were called, before the Kirk-session and Presbyteries by 

 virtue of some Scotch Act of Parliament, as including all offences 

 against religion or decency or the well-being of the community in 

 general. These were enormous powers, some of them necessary 

 in those days to preserve law and order, especially in landward 

 parts where there was no local magistrate ; but others of them 

 were a meddlesome interference with the liberty of the subject, 

 such as charges of cutting wood or kail, driving cattle, carrying 

 water, or walking on the Dock Park of Dumfries during the 

 hours of divine service ! 



In cases where members of the congregation were suspected of 

 being Papists they were summoned, interrogated, and if a prima 

 facie case were made out, it was reported to the Presbytery for 

 further inquiry. 



Here are a few of these charges, but for others I refer you to 

 the Courier of 1878: — 



Irregular Church Attendance.— -Jnne 11, 1699, — The Session 

 considering that many persons in this parish attend only one 

 diet of divine service, and go away home immediately after 

 forenoon sermon, to the great disregard of the Gospel and offence 

 of good persons, the Session orders that Church persons thus 

 guilty shall be immediately cited to the Session and their 

 pretences and excuses heard, which if found trivial and invalid 

 shall be prosecuted as Sabbath-breakers and punished accordingly, 

 and appoints intimation of this to be made on Sabbath first. 



Cutting Wood on Sunday. — This day William Hannah makes 

 report that on Monday last the Laird of Lag delivered to him 

 3 pounds 14 shillings for the use of the poor, being a part of a 

 fine imposed on a man, Thomas Howat, for Sabbath breaking, 

 being cutting wood the last Lord's day in this parish. 



Walking on Fast Day. — March 31, 1701.— The quilk day 

 John M'Kie being cited, called, and compearing, was interrogate 

 if it was he that was walking in time of Dumfries sermon on the 

 Dock in sight of this congi-egation with Nethertown and Dirleton ; 

 answered in the aihrmative. Being interrogate if he went to 

 Dumfries church that day, answered in the negative. And being 



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