This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: • This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. • A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. • This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. • The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. • When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Gender, Sex and Social Control: East Lothian, 1610-1640 Harriet J. Cornell Ph.D. School of History University of Edinburgh 2012 Declaration I declare that this thesis has been composed by me and that the work is my own. It has not been submitted for any other degree or professional qualification. Any use of any of the material herein, for personal or academic purposes, must be properly acknowledged. Harriet J. Cornell 20 October 2012 i Abstract Early modern Scotland was a religious society where the doctrine of Calvinism permeated everyday life in the localities through the official regulation of personal behaviour. Recent historical studies have debated the nature and experience of social control in Scotland between 1560 and 1780, including the importance and influence of gender, geographic location and social status. Where such studies have traditionally focussed on kirk session minutes as a lone source, the thesis engages with this debate by employing an ‘all courts’ approach to examine social control, family structures and interpersonal relationships. In doing so, it departs from the binary division of gender and contributes to a wider thematic historiography involving patriarchy, family and household that is present in contemporary English and Continental scholarship. In Scotland, although the period between 1560 and 1640 has received attention from historians, there is no focussed study of these themes for the period between 1610 and 1640. The thesis employs evidence from secular and ecclesiastical court records drawn from ten parishes across East Lothian to analyse the structure of the operational court system in Haddingtonshire and to examine social control and notions of honour and shame. Focus is given to how these two concepts interacted with popular experiences of household life, sexual relationships, violent actions and violent words. Its central argument is that, between 1610 and 1640, there was a localised experience of social control and authority in East Lothian, which was administered through an integrated justice network of civil and ecclesiastical courts that was influenced by gender roles, ideas of patriarchy and the importance of social status. ii Table of Contents Acknowledgements v List of Figures vi Conventions and Abbreviations ix 1. Introduction 1 1.1 Historiography 3 1.2 Research Design and Methodology 18 1.3 Chapter Structure 36 2. The Jurisdictions of Haddingtonshire 41 2.1 The Courts of Haddingtonshire 42 2.2 A Web of Justice in Operation 71 2.3 Conclusion 79 3. The Haddingtonshire Courts in Action 82 3.1 The Business of the Courts 82 3.2 Punishing the Purse and Person 97 3.3 Authority and Legitimacy 109 3.4 Conclusion 117 4. Social Control: Individual Behaviour and Sexual Relationships 120 4.1 The Regulation of the Individual 122 4.2 Regulating Relationships 136 4.3 Conclusion 160 5. Social Control: Methods and Consequences 164 5.1 Thieves and Whores: the Examples of Slander and Violence 165 5.2 The Methods of Social Control 179 5.3 Case Study: the Trial and Death of Margaret Alexander, Haddington, May 1612 188 iii 5.4 Conclusion: Social Control, or Social Intrusion? 194 6. Family and Patriarchal Responsibility: Controlling the Household 198 6.1 Patriarchy: Households and Fatherhood 200 6.2 Patriarchy: Competition and Control 212 6.3 Conclusion : the Presence of Patriarchy 229 7. According to Rank: the Importance of Status 232 7.1 Rank 233 7.2 Case Study: John Airth of Tyninghame, 1616-1629 245 7.3 Before Sheriff and Provost 254 7.4 Conclusion 260 8. Conclusion: Kirk, State and Social Control 261 Appendix: Maps of East Lothian 269 Bibliography 281 iv Acknowledgements I would like to thank my supervisors, Dr. Adam Fox and Dr. Julian Goodare, for their expertise, advice and patience. I could not have wished for better care or generosity from two exceptional scholars – thank you. I would like to thank my examiners, Dr. Alexandra Shepard and Dr. Alexander Murdoch for a rigorous, rewarding and encouraging viva – thank you both. I would like to thank Professor Bob Morris for starting the ball rolling through his support of my ESRC application and training in quantitative methods, and Dr. Cordelia Beattie and Professor Michael Lynch for their criticism and direction in the early stages of the project. I would like to thank Dr. Adam Budd, Professor Elizabeth Ewan, Dr. Michael Graham, Dr. Janay Nugent, Dr. Tawny Paul, Dr. Jane Ridder-Patrick and Dr. Nuala Zahedieh for discussions on and around my subject; and Dr. Louise Jackson and the GHN for support, ideas and encouragement. Heartfelt thanks go to P. J. Goulden and L. P. for casting critical eyes over various drafts, and for managing to do so with humour. I would like to thank Dr. Scott Moir for his generosity of spirit in offering to post his only hardcopy of his own PhD thesis to me from Canada. An electronic alternative was found, but such kindness is exemplary. I must say the same of Jenny Parkerson, Map Assistant at the National Library of Scotland, who’s knowledgeable replies to my map-related queries were truly helpful. Thanks must go to David Ritchie for his efforts in locating much-needed tomes from the former Scottish History Library. Special thanks are reserved for the Economic and Social History Department, the postgraduate community of HCA – past and present – and to all who attended the works-in-progress seminars organised by Dr. Katherine Nicolai. You prevented what is a sole pursuit from ever turning lonely. I would like to thank Sally Lancashire and Michael Bower for encouraging me not to give up History all those years ago and, finally, those who have been present throughout this academic endeavour. John Paul – it would have been impossible without your love and understanding. To John and Elsie Thomas – it is a great sadness that you saw the start but not the finish. You are missed. Thomas – you missed the start by a mere three months. Thank you for never failing to make me laugh. Olive Cornell – you have been a supportive presence from the Beginning. Anna, Cam, Christo, Emma P., Louise A., Lillian, Lydia and Tawny – I am truly lucky to count you as friends. But my greatest debt is to my parents. This thesis is dedicated to them. Thank you all for not asking ‘is it finished yet?’ too frequently. ~HJCC, Edinburgh, October 2012~ v List of Figures PAGE Figure 1.1 John Adair, A Map of East Lothian / survey’d by J. Adair (Edinburgh: Cooper, ca. 1736). 269 Figure 1.2 Map of Haddingtonshire from the Second Statistical Account of Scotland (1845). 270 Figure 1.3 Herman Moll, Lothian: contains The Shire of Linlithgow or West Lothian, The Shire of Edinburgh or Midlothian. and Haddington or East Lothian (London: Bowles and Bowles, 1745). 271 Figure 1.4 Aaron Arrowsmith, Ecclesiastical Map of Scotland (Edinburgh: P. Brown, 1825). 272 Figure 1.5 Aberlady and its immediate surrounds. 273 Figure 1.6 Cockburnspath and Innerwick, and their immediate surrounds. 274 Figure 1.7 Haddington and its immediate surrounds. 275 Figure 1.8 North Berwick and its immediate surrounds. 276 Figure 1.9 Pencaitland and Salton, and their immediate surrounds. 277 Figure 1.10 Prestonpans and its immediate surrounds. 278 Figure 1.11 Tyninghame and its immediate surrounds. 279 Figure 1.12 Yester (Bothans/Gifford) and its immediate surrounds. 280 vi Figure 2.1 distribution of individual cases brought before Haddington burgh court, 24 February 1634-31 December 1640. 44 Figure 2.2 location of Blance, between Bolton and Saltoun, East Lothian. 48 Figure 2.3 distribution of individual cases brought before Haddington sheriff court, 1 December 1625-19 January 1632. 53 Figure 3.4 distribution of individual cases heard by East Lothian kirk sessions between January 1610 and December 1640. 84 Figure 3.5 individual cases brought by individuals before East Lothian kirk sessions between January 1610 and December 1640. 85 Figure 3.6 distribution of individual cases heard by Haddington presbytery between January 1610 and December 1640. 91 Figure 3.7 distribution individual cases brought by Individuals before Haddington presbytery between January 1610 and December 1640. 92 Figure 3.8 distribution of individual cases heard by Haddington sheriff court between January 1610 and December 1640. 93 Figure 3.9 distribution of individual cases heard by Haddington burgh court between January 1610 and December 1640. 94 Figure 3.10 punishments imposed on individual cases heard by Tyninghame kirk session between 4 May 1615 and 22 November 1640. 98 Figure 3.11 location of Stoneypath, near Garvald and Stenton. 104 Figure 4.1 distribution of fornication cases heard by East Lothian kirk sessions between 1610 and 1640. 137 vii Figure 4.2 distribution of individual cases of charming and witchcraft heard by the East Lothian kirk sessions between 1610 and 1640. 146 Figure 4.3 distribution of individual cases heard by the Saltoun kirk session between 1635 and 1640.