Social control and disciplinary bias: Bute, 1642-1702

Abstract

This thesis examines social control in the Scottish island of Bute in the seventeenth century, focusing on the interactions between ordinary people and the ecclesiastical and secular courts. Through an intersectional approach, this research explores the influence of gender, socioeconomic status, marital status, age, and ethnicity on the administration of justice, revealing pervasive biases in the disciplining of secular and religious offences. As a result, this thesis argues for the relevance of the gender double standard as a framework for understanding early modern Scotswomen’s experiences with the ecclesiastical and secular courts. This thesis explores these concepts within the popular experiences of sexual relationships, verbal and physical violence, household life, and witchcraft.

The thesis begins by analyzing the cooperation and negotiations between local courts, demonstrating how the island was governed by an oligarchy of powerful elite men. These men held roles in both ecclesiastical and secular courts, often simultaneously, using their familial and social connections to reinforce their authority, foster collaboration, and strengthen their control of the ecclesiastical and secular court network.

This thesis also explores the nature and experience of patriarchal social control in Bute. Employing psychological and sociological theories of sexual economics, it analyzes early modern sexual norms to identify and highlight gender biases in the disciplining of secular and religious offences. Women were disproportionately burdened during court investigations and experienced stricter enforcement of court attendance. The disciplinary methods of the ecclesiastical and secular courts were likewise disproportionately harsh for women, and attempts at equality, such as the implementation of flat fines, impacted women more severely as they earned less than men.

Drawing on the intersectional approach of scholars such as Kimberlé Crenshaw, Mari J. Matsuda, and Patricia Hill Collins, this thesis examines the ways in which the exercise and experience of patriarchal social control were affected by ethnicity, socioeconomic status, marital status, and age. This thesis uses intersectional methodologies to demonstrate that, although gender was the main axis of discrimination, the courts also engaged in discrimination based on these additional factors. Most notably, socioeconomic status played a significant role in determining one’s experience with the courts.

This thesis enhances our understanding of the complexities of patriarchy, power, identity, and justice in seventeenth-century Scotland through analyzing the biases and double standards rooted in the secular and ecclesiastical courts. Through an analysis of the intersections of gender with other identity markers, this thesis contributes to our understanding of the experience of social control by highlighting the gender double standard that burdened women during this period.