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Court of the commissaries of Edinburgh : consistorial law and litigation, 1559-1576Green, Thomas Matthew January 2010 (has links)
This thesis examines the appointment of the Commissaries of Edinburgh, the court over which they presided, and their consistorial jurisdiction during the era of the Scottish Reformation. It is argued that the Commissaries of Edinburgh were appointed by Mary, Queen of Scots, in February 1563/4 as a temporary measure following the suppression of the courts of the Catholic Church in Scotland during the Wars of the Congregation. The Commissaries’ jurisdiction was substantially that of the pre-Reformation Officials centralized into a national jurisdiction administered from Edinburgh. The Commissaries of Edinburgh’s jurisdictional relations with the inferior Commissaries, the Lords of Council and Session, the suppressed courts of the Catholic Church and the Lords Interpreters of the Law of Oblivion are examined, whilst their relations with the tribunals of the Protestant Kirk are given particular attention. The thesis argues that despite the complex constitutional, legal and religious legacy of the spiritual jurisdiction in Scotland, the Commissaries and Kirk achieved a high degree of jurisdictional harmony, despite occasional conflicts. The Commissaries continued to administer the Canon law of the medieval Church in consistorial matters, with the prominent exception of the innovation introduced into Scotland by the Protestant Kirk from 1559 concerning divorce and remarriage on the grounds of adultery. Through an analysis of sentences and decreets pronounced by pre-Reformation Officials, the Commissaries of Edinburgh, and the tribunals of the Protestant Kirk, it is argued that this reform was essentially a reform of divorce a mensa et thoro using concepts and formulas borrowed from pre- Reformation sentences of annulment. The result was a type of divorce unique to Scotland, where the innocent party was immediately freed to remarry, whilst the guilty party remained bound to the failed marriage until freed to remarry by the death of their innocent spouse. An analysis of consistorial litigation before the Commissaries of Edinburgh is used to explain and illustrate the Romano-canonical procedure used in their court and the documentation generated during litigation. Litigants’ gender, domicile and social status are also analysed, together with their use of procurators and the expenses incurred during litigation.
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Gaelic place-names and the social history of Gaelic speakers in medieval MenteithMcNiven, Peter Edward January 2011 (has links)
This thesis illustrates that place-names are an essential resource for our understanding of Scottish medieval rural society, with a particular emphasis on Menteith. Place-names are an under-utilised resource in historical studies, and yet have much to inform the historian or archaeologist of how people used and viewed the medieval landscape. We know a great deal of the upper echelons of Scottish medieval society, especially the politics, battles, and lives of significant figures, such as various kings and great barons. However, we know next to nothing of the people from whom the nobility derived their power. The thesis is divided into two parts. Part 1 begins by defining the extent and geography of the medieval earldom of Menteith. The source material is analysed, highlighting the advantages and pitfalls of different sources that can be used for place-name studies. The different languages spoken in Menteith in the Middle Ages, ranging from P-Celtic to Scottish Gaelic to Scots, can be seen in the onomastic evidence. A crucial question that is explored, if not fully answered, is ‘what P-Celtic language was spoken in Menteith: British or Pictish?’. This is followed by an exploration of what we know of the Gaelic language in Menteith. Documents and place-names allow us to pinpoint the beginnings of the change from Gaelic to Scots as the naming language in the area to the later 15th C. A brief survey of the historical background shows the influence the earls of Menteith and other nobles may have had on the languages of the earldom. The final two chapters of Part 1 look at the issue of using place-names as a historical resource; Chapter 5 explores secular activities, such as hunting and agriculture. Chapter 6 is a case study examining how place-names can inform us of the medieval church. Part 2 is a survey of the place-names of the six parishes that consisted of the medieval earldom of Mentieth, including early forms and analysis of the names.
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United societies : militancy, martyrdom and the presbyterian movement in Late-Restoration Scotland, 1679 to 1688Jardine, Mark January 2009 (has links)
This thesis examines the politics, plots and strategies of the militant presbyterian radicals of the United Societies, or later Covenanters, in their confrontation with the Restoration regime of Charles II and James VII in Scotland, and with the presbyterian movement between 1679 and 1688. Chapter one analyses the correlation between the Societies’ lay network and the pattern of militant presbyterian dissent. It outlines their core platform defined by their declarations and strict adherence to the Covenants. It discusses the formation of the United Societies out of the fragmentation of the presbyterian movement from the Bothwell debates to the creation of a coherent Cameronian platform and militant network in 1681. Chapter two analyses the Societies’ schisms, persecution and martyrdoms between 1682 and 1684 and argues that the origins of their apocalyptic war against their persecutors lay in their political isolation and persecution from both the regime and their former moderate brethren. Chapter three looks at the Societies’ embassies to England and Friesland which redefined their relationships with other presbyterians factions. It examines their role in the Rye House Plots with English Whigs and argues that they were a turning point which isolated them from the British radical underground. It also explores their contacts with the Nadere Reformatorie in the United Provinces which led to the ordination of James Renwick who hardened the Societies’ platform, and how the handling of the embassy led to the collapse of their European network. Chapter four examines the targeted persecution of the Societies in the Killing Times and the Societies’ role in the Argyll Rising of 1685 that led to further schisms over their separation from the moderate presbyterian ministry which undermined Renwick’s leadership. Chapter five traces the revival in the Societies’ fortunes to 1688. It examines the internal struggles over the Societies’ platform and the broadening of their ministerial cadre to include Alexander Shields and others; their relations with Irish presbyterian militants; their confrontation with moderate presbyterians caused by James VII’s toleration scheme; the context and impact of Renwick’s martyrdom and the reunification of the militant factions. Chapter six surveys the Societies’ world view and their attempts to construct a Calvinist international through their attitudes towards other Calvinists in the Friesland, Bremen and Switzerland, Lutheran Prussia and Sweden, Catholic France under Louis XIV and the Holy Roman Empire, and the Muslim Turks. It also compares their views of the Huguenots, Waldenses of Piedmont and Kurucs of Hungary, and the experiences of those banished to Barbados and the North American Colonies. It concludes that the Societies played a more significant and distinct role in the conflict between the presbyterian movement and the Stuart monarchy than previously thought; that their struggle and militancy were shaped by different political contexts, as demonstrated in their response to the Revolution in Scotland of 1688 to 1689, rather than simply religious conviction; and that the legacy of their martyrs, quickly subsumed into presbyterian tradition, became a justification for the Revolution settlement and a source of contention between radical and reactionary traditions.
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Empire, religion and national identity : Scottish Christian imperialism in the 19th and early 20th centuriesBreitenbach, Esther January 2005 (has links)
This thesis examines the connection between participation in the British empire and constructions of Scottish national identity, through investigating the activities of civil society organisations in Scotland, in particular missionary societies and the Presbyterian churches in the 19th and early 20th centuries. Though empire is commonly thought to have had a significant impact on Scots' adoption of a British identity. The process of how representations of empire were transmitted and understood at home has been little explored. Similarly, religion is thought to have played an important role in supporting a sense of Scottish identity. but this theme has also been little explored. This thesis, then, examines evidence of civil society activity related to empire, including philanthropic and religious, learned and scientific, and imperial propagandist activities. In order to elucidate how empire was understood at home through the engagement with empire by civil society organisations. Of these forms of organisation. missionary societies and the churches were the most important in mediating an understanding of empire. The pattern of the growth and development of the movement in support of foreign missions is described and analysed, indicating its longevity, its typical functions and membership, and demonstrating both its middle class leadership and the active participation of women. Analysis of missionar) literature of a variety of types shows that dominant discourses of religion, race. gender and class produced iconic representations of the missionary experience which reflected the values of middle class Scots. The analysis also demonstrates both that representations of Scottish national identity were privileged over those of a British identity, but that these were complementary rather than being seen as in opposition to each other. Through examining the public profile of the missionary enterprise in the secular press it is shown that these representations were appropriated in the secular sphere to represent a specific Scottish contribution to empire. The thesis concludes that the missionary experience of empire. embedded as it was in the institutional life of the Presbyterian churches, had the capacity to generate representations and symbols of Scottish national identity which were widely endorsed in both religious and secular spheres in the age of high imperialism.
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Explaining historical conflict, with illustrations from 'emergent' Scottish JacobitismHay, Frederick George January 2017 (has links)
The connecting premise of this study is that the explanation of human action, much of which involves conflict in various forms, is distinctive. It must address the singularity of actions (their attachment to specific moments) and its contingency (that different actions could plausibly have been taken instead). Both stem from the involvement of time in human action, such that its explanation must adopt the form of historiography. Part One argues that the authority of explanation in the physical sciences does not extend to human action as it derives from successful physical demonstration in experiment or industrial replication, not from special epistemological warrant, processes inapplicable to human action; that the distinguishing involvement of human consciousness and the will to act introduces a particular awareness of the passage of time that confers timeliness to actions, while precluding full knowledge of the consequences of actions; that the social nature of human action involves the emergence of diverse groups that generate complex divisions between ‘we’ and ‘they’ that form the basis for conflict over the consequences of action; that resolving the conflict of warfare produces collective agreements to avoid future conflict; that this conflict can reach considerable levels of brutality and lethality even outside warfare; and that moral codes that might constrain such conflict have limited effectiveness. Part Two illustrates the relevance of perspectives in reducing the complexities of reality to facilitate action, referring to categories appropriate to the emergence of Scottish Jacobitism in the late seventeenth and early eighteen centuries: dynastic, religious, economic and military. It also suggests how contingency could be addressed through conjectures about the actions that might have been taken but were not. Part Three suggests a basis in the role of expectations for the tendency of human perspectives on their context of action to change radically, and for actions to change accordingly as situations are seen ‘in a different light’. At various points in the study use is made of an analogy drawn between the adversarial advocacies presented at a trial by jury and the general explanation of human action. This illuminates both the fact that different perspectives on the same evidence can yield contrary explanations and that all explanation of human action necessarily confronts a problem of reflexivity: the perspectives of agents have to be represented through the perspectives of those seeking to explain their actions.
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Religious controversy and Scottish society, c.1679-1714Raffe, Alasdair J. N. January 2007 (has links)
This thesis analyses religious controversy in late seventeenth - and early eighteenth-century Scotland, examining both the arguments of the educated elites and those of ordinary people. Defining religious controversy as arguments between members of rival religious parties, the thesis concentrates on disputes between presbyterians and episcopalians, and within presbyterianism. In the main, these arguments did not focus on Church government, but embraced a broad range of issues, including allegations of ‘persecution’ (discussed in chapter two), ‘fanaticism’ and ‘enthusiasm’ (chapter three) and the reputations of rival clergy (chapter four). Incidents of crowd violence, the subject of chapter five, provoked controversy, and also promoted the objectives of the religious parties. Chapter six illustrates the significance of debates over the National Covenant and the Solemn League and Covenant, before and after the revolution of 1688-90. Chapter seven then discusses the arguments that gave rise to presbyterian separatism in the years after 1690. As chapter eight explains, the union of 1707 proved highly contentious for presbyterians, and led to a series of political blows to the presbyterian Church. Chapter nine surveys the role in religious controversy of concerns over English theology, new philosophy and atheism. Finally, chapter ten concludes by examining the consequences of controversy for Scottish society. As well as printed pamphlets, satirical verses, sermons and memoirs by elite authors, the thesis draws on the petitions, diaries and correspondence of ordinary people, their testimony to church courts, and evidence of their involvement in crowd violence and separatist worship. Participation in controversy by ordinary men and women was widespread, and was deliberately manipulated by elite presbyterians and episcopalians, who sought to demonstrate the popularity of their parties. By 1714, the position of the established Church and the status of its clergy had deteriorated, and religious pluralism had become a permanent feature of Scottish society.
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A biographical and critical study of the life and writings of Sir David Dalrymple, Lord HailesCarnie, Robert Hay January 1954 (has links)
The name of Sir David Dalrymple, Lord Hailes has always been known to students of Scottish history by reason of his 'Annals of Scotland', long accepted as a fundamental reference book for that period of Scottish history which it covers. It is safe to say, however that few of his other historical publications are now read. Those familiar with the anti-Gibbon literature also know him as one of Gibbon's most respected critics, while the recent studies of the 18th Century revival of interest in early and medieval literature have revealed his key position in this movement, both as an editor, and as an adviser and helper to others. In the legal profession, he was highly thought of as a lawyer and judge, and the number and importance of his correspondents testify to his wide acquaintance and high reputation amongst men of learning. Despite all this, no full account of the man and his work has previously been made, although there have been several unfinished attempts. [...] An attempt has been made to fit Hailes into the cultural and social background of his times, and to make some estimate of the influence and importance of his published work, with particular reference to the fields of history and literature. Much of the basic research in this thesis was done in compiling Appendices A and B. No reliable list of Hailes's publications has ever been drawn up, and Appendix A is a serious attempt to fill this gap. A complete check-list of Hailes's extant correspondence has not been attempted previously and Appendix B is designed to supply this omission.
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'When women look their worst' : women and sports participation in interwar ScotlandSkillen, Fiona I. January 2008 (has links)
The works of historians such as Hargreaves, Tranter, Walvin, McCrone and Bailey suggest that women were, for a variety of reasons, gradually entering into the ‘world of sport’ from the middle of the nineteenth century onwards. Despite a lack of research it has been argued that this trend, of increased participation amongst women, continued into the twentieth century. Recent studies have tended to converged on the broad leisure choices of women, ignoring the place of sport within these experiences. This study therefore addresses an under researched topic: the development of women’s participation in sport in Scotland between 1920 and 1937. Many argue that during the interwar years there was a general distortion of the traditional boundaries between ‘public’ and ‘private’ areas of life for women. However, it has also been acknowledged that notions of gender differences persisted in this period. This study contributes to a wider understanding of gender relations during the period. It probes how women’s involvement in physically demanding sports were influenced by existing discourses and enabled the emergence of new ones. This thesis does not aim to chart the chronological growth and development of specific sports but rather seeks to understand the ways in which sport was incorporated into women’s lives and the meanings which they attached to their experiences. Each section of the thesis deals with a different area of participation. It examines the development of physical education in schools, the establishment and growth of a selection of sports organizations, the growth and use of local council run sports facilities and the development of work-based sport for women. This research focuses on contemporary depictions and discussions of sportswomen during these years as well as drawing on the views of sportswomen themselves. It employs both qualitative and quantitative methodologies in order to achieve a holistic and balanced interpretation of interwar sports participation and the attitudes that influenced it.
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I rest your loving obedient wife : marital relationships in Scotland 1650-1850Barclay, Katie E. January 2008 (has links)
In 1698 Christian Kilpatrick concluded a letter to her husband, John Clerk, with the words ‘I rest your loving obedient wife’. These words, or a variation on them, were a common subscript for wives during the seventeenth century. The combination of the words loving and obedient could be used through habit or consciously for effect, yet, in most cases, without any sense of incongruity. The relationship between these terms is at the heart of my thesis. This work explores the nature of the marital relationship during the period 1650 to 1850. It investigates how power was negotiated between couples during a period when marriage was expected to be patriarchal but also to provide happiness and fulfilment for both husband and wife. Throughout, it attempts to identify if and what change occurred over the period. Judith Bennett challenged historians in 1989, and reiterated her call in 2006, to place patriarchy at the centre of women’s history. The thesis takes up that challenge. Through an exploration of power within marital relationships, this thesis highlights how patriarchy operated to confine and restrict women’s social power. It demonstrates that patriarchy was a system that was lived in. Women and men’s understanding of the world and their own identities were shaped by cultural discourses that underpinned the patriarchal system. This thesis reveals that all the operations of married life from love to managing the household to violence were shaped by patriarchal discourses. These discourses were not static but constantly renegotiated through the actions and ideas of individuals, yet throughout the period, the patriarchal system was not fundamentally undermined, but reshaped to meet these challenges. The thesis investigates the operation of this process. It is important to recognise that, as patriarchy was a lived system, it allowed a wide range of behaviours and that people’s response to patriarchy should not only be seen in terms of compliance or resistance. Patriarchy was not only conceived of in terms of male control over women, but in every interaction between the sexes regardless of its motivations. It is through recognising the pervasive nature of patriarchy that historians will no longer contrast, for example, obedience and love, but realise that both obedience and love were part of the system. This interpretation does not undermine other historians’ work in this field, but provides greater explanatory power for patriarchy’s operation and survival. Scottish couples used changing patriarchal discourses in a myriad of ways to shape and explain their experiences. They cooperated, compromised and established power relationships that did not always conform to the ideal, but allowed their marriages to function well and brought them happiness. Not all couples could agree on the balance of power within their relationship leading to arguments and even violence. Yet, while marriages could take a variety of forms, the negotiation of power between couples used a patriarchal script, restricting the language couples used, their expectations and desires and the eventual compromise reached.
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Anti-Corn-Law agitations in Scotland, with particular reference to the Anti-Corn-Law LeagueCameron, Kenneth John January 1971 (has links)
The Corn Laws and the movement for their repeal were both indigenous products of Scotland, although even in the eighteenth century, less intrinsically Scottish than the polemics of the debate would suggest. The evolution of aim, attitude, and vehicle of agitation in Scotland, and its contribution to the formation of the later Anti-Corn-Law League has been substantially ignored. The peculiar identification of Manchester with the Corn Law question and with the League largely succeeded the latter's formation, and even then the conception of a "Manchester League" must be qualified. Although leadership was clearly vested nationally in Manchester, regions such as Scotland made substantial contributions to the free trade movement in terms of local leadership, pecuniary donations, and ideas - there was a difference in emphasis between the well-defined aims of the League in Manchester and the more wide-ranging aspirations of the Scots repealers. However, the strength of the League in Scotland has been exaggerated, partly due to a misinterpretation of Scottish support for Whig concepts of "free trade". In particular, its support among agriculturists and the working-classes has been grossly over-estimated. Even among the urban middle-classes, its principal source of strength, substantial pockets of protectionist sympathisers existed, especially in Glasgow. Nevertheless the assumption that the League's campaign was conducted in a distinct political, economic, religious, and social environment in Scotland was correct, and was evidenced by the complexion of the interest groups which it attracted and the polemical debate which reflected separate (if similar) interests and social values, at least to some extent. As a pressure group in parliamentary politics, the League's activities on the Corn Law issue had been anticipated, albeit in milder forms, free traders and protectionists in the late eighteenth and early nineteenth centuries. The schismatic tactics of the radicals, frequently emphasising the corn question, in the 1830 1s constituted recent precedents, emulated by the League. In Scotland, the apathy of the free traders in the field of registration - to some degree attributable to the distinct provisions of the Scots Reform Act of 1832 - gave the League cause for considerable concern. To some extent, this eased the embarrassment of the Whigs, under pressure in Scotland from both sides on the free trade question, Who lost little ground on the issue, principally due to the conservative provisions of the Reform Act, and to the reluctance of the electors to forsake the Whigs and moderate reform for the radicals of the League and the exclusive aim of total and immediate repeal of the Corn Laws. The free trade movement was a British movement in Scotland, not a Scottish movement in Britain, but the region and locality in which it campaigned determined to some extent its characteristics.
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