Dissertations, Theses, and Capstone Projects
Date of Degree
2-2026
Document Type
Doctoral Dissertation
Degree Name
Doctor of Philosophy
Program
History
Advisor
Helena Rosenblatt
Committee Members
Sarah Covington
Tim Alborn
Richard B. Sher
Subject Categories
European History
Keywords
Scottish Enlightenment, Church of Scotland, Lawyers, Eighteenth-Century Church Court Litigation
Abstract
This dissertation studies the role that the law, lawyers, and litigation played in relaxing the Church of Scotland’s doctrinal requirements, thereby facilitating the acceptance of new theories of knowledge, nontraditional forms of sociability, and theatrical entertainment in eighteenth-century Edinburgh. This study examines the historical interplay between law and religion in the context of the political changes effected by the 1707 Act of Union, joining Scotland and England. It argues that the successful defense of heresy prosecutions by lawyers, coupled with their enhanced social standing and participation in nontraditional activities, compelled the Established Presbyterian Church of Scotland (“the Church”) to allow greater autonomy for intellectual and artistic pursuits and permit secular authorities to govern Edinburgh without illegal interference.
Organized in five chapters, this dissertation contextualizes lawyers’ involvement in eighteenth-century Church court trials by tracing the evolution of law’s relationship with religion. Post-Union, orthodox ministers brought prosecutions against individuals who engaged in novel, non-spiritual pursuits, accusing them of violating doctrinal standards. This dissertation examines specific Church court trials, occurring in the early, middle, and end of the eighteenth century and the freedom from religious censure that the verdicts gained for Enlightenment activities. The Church’s reputation was adversely affected as newspapers informed the public about the conflicts. Scotland moved towards modernity by replacing its previous inquisitorial Church court trials with an adversarial approach, embracing legal concepts such as evidentiary sufficiency and due process. This shift reflected a greater emphasis on the rights of an individual, rather than the traditional corporate model of society. Its implementation of legal maneuvers mirror tactics used in today’s legal practice. By examining both lawyers’ direct actions—as defense counsel, collaborators, and theatrical producers—and their indirect support—as club members, Church Elders, and financial sponsors—this dissertation argues that lawyers in eighteenth-century Edinburgh were instrumental in shifting societal focus from rigid adherence to Calvinist doctrine toward advancing ways to improve Edinburgh’s civic life.
Recommended Citation
Hills, Megan E., "Lawyers, Litigation, and the Loosening of Religious Constraints in Eighteenth-Century Edinburgh" (2026). CUNY Academic Works.
https://academicworks.cuny.edu/gc_etds/6580
