V PUBLICATIONS OF THE SCOTTISH HISTORY SOCIETY VOLUME IV ST. ANDREWS KIRK SESSION REGISTER PART I February 1889 TOMBSTONE OF JOHN WYNRAM IN THE CHAPEL OF ST. LEONARD'S COLLEGE, ST. ANDREWS. [See p. lix ] REGISTER OF THE MINISTER ELDERS AND DEACONS OF THE CHRISTIAN CONGREGATION OF ST. ANDREWS COMPRISING THE PROCEEDINGS OF THE KIRK SESSION AND OF THE COURT OF THE SUPERINTEN- DENT OF FIFE FOTHRIK AND STRATHEARN. 1559-1600 PART FIRST : 1559-1582 Transcribed and Edited from the Original Manuscript with Preface and Notes by DAVID HAY FLEMING EDINBURGH Printed at the University Press by T. and A. Constable for the Scottish History Society 1889 DA 750 .5ar ^OSTOS COLLIE LIBKAKa OCT 20 | 97( PREFACE. The importance of the Reformation is so great that every authentic record must be welcome, which throws light on its origin, progress, or results. And among the surviving Registers of Kirk Sessions that of which the first part is now printed is entitled to a prominent place, because of the early period it covers and the district with which it is connected. It con- tains two documents of considerable interest relating to pre- Reformation times ; it emphasises the fact that the yoke of the Papacy was cast off in this country at an earlier date than is usually imagined ; it embodies the recantations of many of the old clergy, while their former faith was still nominally the established religion of the nation ; it reveals the deplorable state into which the people had been allowed to sink, and the earnest and unflagging efforts of the Reformers to cure the festering sores ; and altogether it presents a faithful picture of the inner working of the new Church during the first forty years of its existence. In one respect, perhaps, this Register stands alone. For eleven years after Wynram's appointment as Superintendent of Fife, it preserves the record of his court as well as of the Kirk Session, and consequently embraces transactions concerning people and places far beyond the bounds of the parish of St. Andrews. Previous to the Reformation St. Andrews could not only boast of a long line of ecclesiastical dignitaries, the repre- sentatives of that foreign hierarchy by which the earlier Celtic Church had been supplanted, but it contained an Augustinian Priory, 'the first in rank and wealth of the Religious Houses of Scotland,' and monasteries of both the vi PREFACE. Black and Grey Friars, and was likewise the seat of Scotland's oldest University. Here, in the national headquarters of the Papacy, the reformed opinions had been introduced and nourished by a devoted band of martyrs and confessors, five of whom had been burned to ashes in presence of the citizens in the vain hope of suppressing the living doctrine they taught. The fruit of the seed sown by Paul Craw in the first half of the fifteenth century may have been scanty, but his labours helped to prepare the unpromising and uncongenial soil, which was so vigorously cultivated by Patrick Hamilton, during his brief but ardent ministry in the earlier .part of the next century, and whose efforts were aided by the secret importation of Tyndale's translation of the New Testament. From the hour of Master Patrick's martyrdom the cause for which he died took such deep root that all efforts to extirpate it only hastened its spread and triumph. The cruel death of George Wishart was speedily followed by that of his relentless persecutor, with whom fell the political power of the Papacy in Scotland. The public preaching and disputations of Knox and Rough in St. Andrews, in the summer of 1547, in some respects more resembled the work of autumn than of spring- time, but that season was short. The heroic martyrdom of Walter Mill in 1558, however, wonderfully hastened the ripening process, and when Knox returned to the city in June 1559 the harvest was ready. At the time of his arrival the old order seemed outwardly as strong, perhaps stronger than ever in its various organisa- tions, and its majestic buildings had never been more numer- ous nor looked more imposing ; but its inner life and strength had been eaten out by the gross debauchery and crass ignorance of its officials, and it had deservedly lost its hold alike on the affections and respect of the people. Despite the presence of an armed force in the town and French troops in the neighbourhood, the preaching of Knox was immediately followed by a thorough-going external PREFACE. vii reformation, the monasteries being overthrown, and, in the language of the day, the churches purged of all monuments of idolatry, only a mutilated Madonna having been spared to modern times. This reformation was carried out with as much formality as was possible in the circumstances, the Lords of the Congregation approving, the Prior and Sub-Prior consenting, the Provost and bailies lending their assistance, and all the citizens with few exceptions heartily concurring. In all probability Wynram was not the only one among the clergy who had long sympathised with the new views, and these now openly declared their convictions, while many followed their example without delay and others more tardily. Writing on the 23d of June, Knox says : — ' Diverse channons of Sanct Andrewes have given notable confessiouns, and have declared themselves manifest enemies to the Pope, to the masse, and to all superstitioun. 1 1 In January 1571-2 fourteen of those who had been canons of the Priory of St. Andrews are mentioned as Protestants, twelve of them being then parish ministers of the Reformed Church ; 2 and, besides these, other thirty-one of the clergy had joined the Reformers by the 17th of March 1559-60. Many members of the University also forsook their former faith, for the first General Assembly deemed twenty-one 'in St. Androes 1 qualified 'for ministre- ing and teaching, 1 and with few exceptions these were pro- fessors or regents; so that, as Principal Lee has well said, ' this city was at that time the chief nursery of the Church." 3 The General Band or Covenant which was ' maid betuix the Lordis and Baronis of Congregatioun, 1 at Edinburgh, on the 13th of July 1559, and of which no copy seems to have been 1 Laing's Knox, vi. 26. 2 Bookeofthe Universal/ Kirk, Ban. Club, i. 222. Robert Stewart, Bishop of Caithness and Commendator of the Priory, and John Wynram, are included in the fourteen. Martine says that ' fourteen turned preachers, after the Reforma- tion, at certaine kirks of the Priorie, and some continued still about the monasterie till their death' {Reliquiae Divi Andreae, pp. 169, 170). 3 Booke of the Univ. Kirk, i. 4 : Lee's Lectures, i. 227-232. — John Wynram is mentioned among the twenty-one, but not John Douglas. viii PREFACE. preserved elsewhere, was adopted in St. Andrews as 6 the letteris of junctioun to the Congregatioun,"' and was signed here by three hundred and thirty-one men. The exact date on which the Kirk Session was constituted is unknown, but in 1559 Adam Heriot, 1 assisted by a large staff of elders and deacons, entered on the arduous work of practical reforma- tion, and this Register of their proceedings begins on the 27th of October in that year. Even in those early days, while Popery was still established by law, the Session dealt freely with all sorts of cases that came before it, hesitating not to judge in claims of marriage and divorce. There was no feeling of usurpation in this, for the body of the citizens had voluntarily placed themselves on the side of the Reformation, and the Session naturally took up the work that had previously fallen to the ecclesiastical courts. If further proof of the practically unanimous change of opinion were required, it is to be found in the action of the craftsmen. The oath of the Hammermen of St. Andrews bound them to be ' leill and trew to the honor of God and Haly Kirk," and to the weal and good of the altar of St. Eloy. They were sworn to observe certain rules, under the penalty of a pound of a wax to the weal of their altar and craft ; and disobedience 6 to be pundit ' involved the payment of 6 ane half stayne 1 of wax, besides the 6 unlaw ' to the bailies. By one of the rules every brother of the craft had to 4 gif ane plak at the tyme of the deceass of ony brother or sister of the said craft, sa sonne as the corps cumis to the erd, or within xxiiij howris thairefter to the dekyne or the positour, to dis- pence amangis puir chaipillanis, for to pray for the saul of the said brother. 1 But on the 28th of July 1560, the craft con- vened to recast their rules, and every reference to the poor chaplains, to St. Eloy, his altar, and his wax, was struck out 1 On the authority of Spottiswoode, it is stated (p. 3, n.) that Heriot had been an Augustinian canon ; and M'Crie, Scott, and Lee have said the same; but he is not named among those mentioned as still alive in January 157 1-2. PREFACE. ix • at once and for ever. 1 It is no wonder that next month the rulers of the nation acted with promptitude and unanimity. The country was already gained. 6 On the face of the parlia- mentary record,'' says Hill Burton, 4 it would seem as if the Reformation in Scotland were the work of one day. On the morning of the 25th of August 1560, the Romish hierarchy was supreme ; in the evening of the same day, Calvinistic Protestantism was established in its stead.' 2 But this is inaccurate and misleading. Parliament ratified the Confession of Faith on the 17th of August, and abolished the Pope's jurisdiction on the 24th of that month. In one of the Acts of the latter day, it was said : — 6 Notwithstanding the reforma- tioun already maid according to Goddis Word, yit nottheles thair is sum of the same Papis kirk that stubburnlie perseveris in thair wickit idolatrie, sayand mes and baptizand conforme to the Papis kirk, prophanand thairthrow the sacramentis foirsaidis in quiet and secreit places. 1 3 Reference has already been made to the profligacy and ignorance of the pre-Reformation clergy. Proofs and illustra- tions are more than abundant in the pages of Knox, of Sir David Lindsay, of their own champions, in the Acts of Par- liament^ and in the canons of their own councils, nor are they lacking in this Register and the foot-notes. Nevertheless, regarding their ignorance, the additional and unimpeachable testimony of Archibald Hay, who in the year of Cardinal Beaton's death was Principal of St. Mary's College, may be here adduced : — ' I often wonder what bishops thought when they allowed such persons as hardly knew the order of the letters to handle the most holy body of the Lord ! ' 4 The effects of such ignorance, and of the pernicious lives of the 1 Bouk of the Hammermen of Sanctandrous, MS., in St. Andrews University Library. 2 History of Scotland, revised ed., iii. 383. 3 Acts of the Parliaments of Scotland, ii. 534, 535. 4 Ad Ilhistriss. Tit. S. Stephani in Monte Coelio Cardinalem D. Dauidem Betoun gratulatoi'ius panegyricus, Paris, 1540, fol. xxxiiii. x PREFACE. t clergy on the people, combined with the evils which had arisen from the extension of the Levitical prohibitions of inter- marriage, were the chief heritage which the Reformers derived from their predecessors. Yet they set themselves to teach the nation and to instil into it the principles of a high-toned morality. No doubt the population was much less then than now ; but the country was as large, the means of transit were infinitely inferior, and the supply of suitable men was miser- ably small. Emboldened, however, by the goodness of their cause, and trusting for strength to the Most High, they right resolutely undertook the task. At present I am only concerned with their plans and modes of procedure as carried out by the Kirk Session and Superin- tendent. Some of these, it must be confessed, seem harsh in the light of the nineteenth century, and they were doubtless felt to be so by those who had been so long accustomed to an easy laxity of manners. Indeed, obstinate sinners occasionally refused to comply with them, but in the end they had to submit. The apparent harshness can only be justified by the necessity of the times. And the perusal of the Register is far from leaving the impression that the office-bearers meant to be cruel. Although determined to put down sin, tenderness was often shown for the feelings of the transgressor, and a manifest reluctance to proceed to extremities is not rarely revealed. In the words of a citation issued against a notorious offender, the Session was 6 willing to wyn synneris wyth quietnes rather nor sevirite to repentans, evir hoping from day to day willing obedience and satisfaction." 1 The proceedings are pervaded by a spirit of strict impartiality, the decisions in difficult cases were evidently prompted by sincerity, and a remarkable shrewd- ness is frequently observable in the receiving of suspicious evidence. The recent words of a writer well versed in the subject are very appropriate to the period on hand: — 'Kirk P. 473- PREFACE. xi Sessions in those days were not content with scratching the surface of scandals. They probed to the very core. 1 1 As it would be impossible, within the due compass of a preface, to direct attention even briefly to all the interesting points in the first part of this Register, it must suffice to deal specially with those things which could not be so well treated in the foot-notes, and to refer more or less generally to some of its most prominent features and outstanding cases. The articles of heresy with which Sir John Borthwick was charged, and the sentence pronounced by Cardinal Beaton against him, in 1540, are embodied in the process which led to the reversal of the sentence in 1561. The foot-notes may give some idea of the characters of those who sat in council against him, of the number of them who afterwards professed the faith for which he was condemned, and of the clerical antipathy to the reading of the Scriptures. Wynram had the distinction of sitting with the Cardinal in 1540, and of presiding in that court, in 1561, which declared that the givers of the sentence against Borthwick had 6 schawynn tham selfis tharby mere ignorant of Godis Word and lawis, and plane inemeis to his trewth.' 2 In the process betwixt John Forret of that ilk, and Elizabeth Leslie, Lady of Nydie, a Papal dispensation was pro- duced in evidence, and was engrossed in the Register. 3 None of the names of the fourteen canons of the Priory mentioned as Protestants in January 1571-2 is to be found among those who signed the General Band of 13th July 1559. 4 Probably they had left the district before it was adopted. 1 Edgar's Old Church Life in Scotland, first series, p. 263. 2 Pp. 89-104. This process has been previously printed in the Bannatyne Miscellany, i. 251-263, and in Lee's Lectures, i. 327-334 ; but in both a line has been omitted, and in both Borthwick is described as of Cenerie instead of Ceverie. In 1556, 'John Burtwick, knight, and John Kellye his page,' were received into the membership of 1 the Englishe churche and congregation at Geneva,' and in that same year Borthwick was married there to 'Jane Bone- spoir of Britagne ' (Professor Mitchell's Livre des Anglois, pp. 8, 14). 3 Pp. 1 16-123. Some of its peculiarities are pointed out in the note on pp. H5> 116. 4 Pp. 6- if. xii PREFACE. On the 3d of February 1559-60, ten priests 4 of there awin fre motyve wilhV ratified the Band, and formally renounced idolatry, superstition, the mass, the Pope, and all his tradi- tions ; 1 but this renunciation does not appear to have been considered altogether satisfactory, for in that month eight of them, with other six, made a much more emphatic and detailed recantation. 2 And eight priests, who had joined the congrega- tion after the former ten, also with other four, made a still fuller recantation on the 10th of March. 3 Besides these, there is the special recantation of 6 Dene Jhone Wilsoun, vicare of Kingorne,*' and 6 umquhile channoun of Halyrudehows, 1 which he made in the parish kirk of St. Andrews, in presence of the Admiral and Vice- Admiral of England. 4 And there is also the recantation of John Gresone, who had been Provincial of the Order of Black Friars in Scotland for fully thirty years, which he openly made in the parish church on the 17th of March. 5 The master hand of Knox is distinctly traceable in these recantations, and the fiery vehemence with which he denounces the Pope and all his abominations will still, no doubt, be refreshing to some ardent Protestants. He was in St. Andrews from the beginning of November 1559 until the end of April 1560, and during part of that time, at least, acted as minister of the parish. 6 On the 13th of March another priest signed the recantation of the former twelve. 7 With the exception of Wilson, probably all were local men. 8 1 Pp. io, ii. 2 Pp. 13, 14. 3 Pp. 11, 14, 15. 4 Pp. 11, 13. 5 Pp. 16-18. 6 P. 27, n. 7 P. 15. 8 Information concerning some of them will be found in the notes. Of the others, Thomas Wemys (pp. 11, 15) may perhaps be identified with Sir Thomas Wemyss, chaplain at Leuchars {New Statistical Account of Fifeshire, p. 223). John Zoung, junior (p. 11), or Johne Zoung (p. 14), is perhaps the ' Sir Jhone Zoung chaplane,' who was charged with being an accomplice in the Cardinal's slaughter {Acts of Parliament, ii. 467). 'Johannes Kinloqwhye' (p. 15) may be the 'Schir Johne Kenlowy ' mentioned on pp. 411, 412. Thomas Kynneir (p. 15) might have been confounded with the unworthy successor of John Melville in the ministry at Crail ; but that Thomas Kynneir had been chosen minister of Crail, with consent of the Superintendent, more than seven months before the date of the recantation (Scott's Fasti, ii. 415 ; Lee's Lectures, i. 336, 337). It was long PREFACE. xiii In 1573, it was stated that ' the most part of the persons who were channons, monks, and friars within this realme, have made profession of the true religion."' 1 Many of these, no doubt, were sincere converts, men who had felt the power of religion in their own souls, but it would be an unnecessary and unwar- rantable stretch of charity to believe that they were all actuated by the same high motives. While a few were conscientiously attached to the old faith, and tenaciously adhered to it, many, like Gallio, cared for none of these things, and would with little hesitation join the side in connection with which they hoped to be able to continue their indolent or sensual lives ; and this Register shows that, of those who recanted at St. Andrews, several, like the sow that was washed, returned to wallow in the mire. According to Bishop Lesley, the 6 sharp statutes' of the General Provincial Council, which met at Edinburgh in the spring of 1558-9, ' was the princepall caus that a gret nomber of younge abbottis, priors, deanis, and benefest men assisted to the interprice and practise devysed for the ourthrow of the catholicke religeon, and tumult aganis the Quene and Frenche men, fearing tham selffis to be put at.' 2 But it may well be questioned whether any of these men, with the experience of the past behind them, were induced to overthrow their old faith through fear of such threatened reforms. And those who came over, after the battle was won, in the expectation of living in their lusts as before, must have been grievously disappointed. So early as the 4th of April 1560, Mr. John Todrick was. dealt with for adultery, but he showed 4 na signe of penitence"; and in 1568 he was suspected of fornication. 3 Mr. John Setoun, who had become reader of Creich, was deprived of his office in 1562, and letters customary for any one who had taken the degree of Master of Arts to write Mr. before his name ; and those priests who had merely obtained the Bachelor's degree were styled Sir, but it was not an academical title (Laing's A'hox, i. 556). 1 Booke of the Universall Kirk, i. 280. 2 Lesley's History of Scotland, Ban. Club, p. 271. 3 Pp. 28, 309. xiv PREFACE. of excommunication were decerned against him and Helen Nicholl. 1 On the 12th of January 1563-4, letters of excommu- nication were likewise decerned against 4 Schir James Stanis, sumtym Papist preist and recanted.' 2 ' Alexander Car, sum- tym called Schyr Alexander Car, and Madde Sanderis, aid fornicatoris, huyrmougaris rather," in Balmerino, were com- pelled to marry in 1562 • - ] next spring, 4 Johane Zeasteris, sumtym monk in Balmerinach,* and * Eleyn Bunche ' were constrained to do the same; 4 and in 1564, 'Johane Ander- son, sumtym vicar of Glesche,"' and 'Eufame Pattone 1 had to follow their example. 5 Probably these incorrigible forni- cators would not have escaped the demerits of their deeds, although they had remained outside of the Reformed Church. In July 1563, Sir David Donaldson, 4 ane stubburn Papist, 1 and 4 manifest indurit huyr-mongar, 1 was summoned before the Superintendent, but appeared not. He evidently adhered to his old faith, as well as his old morals. The minister of Monimaill was ordered to command 4 all Cristianis fearyng God 1 to abstain from his company, and his 4 vicius lyff and inobedience"' were to be made known to the Justice Clerk. 6 Letters of excommunication were decerned against 4 Schyr Alexander Gaw and Catren Nesche, huyrmongaris and adulter- aris," in April 1564. At the same time, Dean John Wilson, who had made such a solemn recantation, was summoned with other two priests for saying and hearing mass ; and, not ap- pearing, they were excommunicated. 7 In October of that year, Sir Patrick Fergy was summoned for presuming 4 to prech and minister the sacraments wythowtyn lawfull admission, and for drawyng of the pepill to the chapell of Tulebarne fra thar parroche kyrk.' On the same day, 4 Schyr Johane Moreson, efter his recantacion admittit reader in Mithyll," was summoned 4 for ministracion of baptisme and mariaige efter the Papisti- call fasson, and that indifferently to all personis.' He had also 1 P. 172. - P. 188. :; P. 146. 4 P. 180. 5 P. 194. « Pp. 183, 184. 7 P. 193- PREFACE. XV abused the Lord's Supper, dispensing it in private houses, in the kirk -yard, and 'about the kirk-yard dykis,' receiving a penny from each communicant. On the previous Pasche day he had ministered it to a hundred persons. With him, Sir John Stephyn was summoned 4 for dayly ministracion of the sacramentis and solemnizacion of mariageis on the Papisticall fasson in the chapell of Sanct Gormoo, ane prophane hous sus- pendit ; and also for mantenyng of ane huyr in his cumpanye, quhai hes born to hym twa barnis, as yit unbaptisit except it be by hymself or sum other Papist prest.' 1 In the recantation made by the fourteen priests in February 1559-60, they confess, 'We haif ovver lang abstractit ourselfis, and beyne sweir in adj lining us to Christes Congregatioun.' But others were much more 4 sweir,' and the receiving of con- verts was spread over thirteen years. Knox, in describing the reformation of Perth, in a letter written on the 23d of June 1559, says that the priests were 4 commanded, under paine of death, to desist frome their blasphemous masse.' 2 But there is nothing in this Register to show, or to raise the suspicion, that any of the recantations, preceding the 18th of March 1559-60, were extorted. No force was used to gain them except the force of reason ; and seemingly the refractory were liable to no penalty save obloquy, unless the dread perhaps of losing their livings, and if they were driven over so early by that, it would be difficult to find a better proof of the strong hold which the reformed doctrines had already obtained. The provost and prebendaries of the Kirk-heuch having been sum- moned to appear before the Superintendent, the provost ap- peared on the 25th of April 1561, and after showing that he and one of the prebendaries had joined the congregation, they were 4 admittit and decernit to be ansuerit of thar frutis'; but the deacons were ordained to uplift the fruits of the other three prebendaries. 3 In the following June the case of John 1 Pp. 226, 227. 2 Laing's Knox, vi. 23. 3 Pp. 76, 77- XVI PREFACE. Kipper comes up in a very different manner. He is first men- tioned in connection with his piteous petition for reconciliation, directed from the castle of St. Andrews, in which he was warded. 1 As it is not said that Kipper had broken that Act of Parliament, which forbade the saying or hearing of mass under the pain of confiscation of goods, and corporal punish- ment at the discretion of the magistrates, for the first offence, banishment for the second, and death for the third, it is probable that he was warded, under some local regulation, for his active opposition in 4 defending and mantenyng of idolatrie, super- sticion and Papistrie ; more especially as in his zeal he had been guilty of ' blasphemyng of Cristis religion, Superintendent, and ministeris of Godis Word/ Even now obstreperous individuals who indulge in violent language are liable to im- prisonment. Kipper was of mature age, having nearly reached fourscore, but the next recalcitrant Papist who was tackled was made of sterner stuff. In the following August Mr. Thomas Meffen, one of the disobedient prebendaries of the Kirk-heuch, when warned to appear before the Superintendent and ministry, replied, 6 that he was nether ane Papist nor ane Calvynist, nor of Paul nor of Apollo, bot Jesus Cristis man ; he wald nocht cum to tham nor to tliar hows ; bot gyf the Superintendent or the minister had ocht to do wyth him, at thar request he wald cum to thar chalmer and speik tham.' Again he was summoned, but only sent a substitute ; nor did he appear until January, and then he protested that they were not his judges. Two days later lie again appeared, but 6 under protestacion of nocht admitting ony present his jugis.' From that day's proceedings it is learned that he had 6 beyn chargit divers tymmis to recant and ad j one hymself to Cristis con- gregacione, als weyll oppynlie in the essemble be Adame Heriot minister, as particularlie be commissaris tharto deput be the Lordis of Congregacione.'' From the date of Heriot's appoint- ment to Aberdeen, the public charges by him cannot well have 1 P. 8i. PREFACE. xvii been later than July 1560, probably they were earlier. It further appears that a cause which Meffen had brought before the magistrates was repelled, because he was not joined to the congregation ; and that 4 ane testimoniall 1 to that effect had been sent to Dundee. Mr. Thomas, still undaunted, insisted that he was not 4 ane member of the congregacion ' ; on which Wynram protested that 4 be frequenting and dayle residence mackeyn in this cite contrary to the proclamacion mayd aganis kyrkmen, 1 he should therefore 4 incur the painis thretnet in the sayd proclamacion.'' 1 It was ordained that a supplication be directed to the magistrates, 4 ether to caws hym obeye the ordor of the kyrk and subject hym to disciplynn, or ellis to exclud hym this citie, that na perturbacion of the unitie and ordor be brokyn by him. 1 2 After a lapse of more than seven years, he was accused for not being present at the communion, excused his absence by the extreme illness of a friend, 4 and opinlie protestat that he imbrased alreddye the religion now resavit and mentenit, and promittit faithtfullie to communicat wytht the rest at ministration of the communion ; and abhorrit and detestit al superstition and Papistrie and abusing of the sacramentis in tyme bipast, wytht transubstantiation, impana- tion, and al utheris erroris in tyme bipast/ 3 In August 1562 a rumour having reached the city that Mr. William Cranston was to return, arrangements were made for his reception. He was to be asked 4 quhat religion he is of," and if he professed himself ' ane Papist or of his aid and w r onted religion, that he be ernistlie required and requested to depart fra this citie, 1 with intimation 4 gyf he wyll nocht obey the request, that all the membris of this congregacione salbe oppynly inhibit and for- byddyn to intercommone or cumpany, by or sell, wyth hym, under pane of excommunicacione." > Should he on the other hand declare himself a Protestant he was to be charged 4 to gev 1 The proclamation may have been such an one as that indicated, p. 137, n. 1 ; or perhaps that of which the essential part is given, p. 270, n. a Pp. 135-138. 3 Pp. 317, 3i8. b XV111 PREFACE. confessione of his fayth, and to subscryve the articulis of recantacione commonly used/ If he desired to preach he was only to be allowed on certain conditions, one of which was that at the end of his sermon he should ' confes treulv (accordyng to his conscience and testimone tharof) that ether ignorantly or of malice 1 he taught wrong doctrine in the last sermon he made in this kirk. 1 On the 29th of March 1564, James Lyell, 4 sumtym Papist prest," who had recanted four years before, came under a new obligation. 2 In September 1567 John Kinloqwhye signed the recantation, and next month Thomas Kynneir did the same. 3 There is nothing in the Register to show that they were even asked to do this ; but in June 1568 two procurators, Mr. David Dischington and Mr. James Rolland, were requested to give confession of their faith, 4 that according to Act of Parliament, we mycht understand quha kepit ane uthir face of religioun/ 4 Neither of them was pre- pared for instant compliance, and as Holland, after giving in 6 sum ansuers in write, 1 drops out of sight, he had probably left the town. With Dischington, however, there was some trouble. At his third appearance he stoutly refused to give his answers to the articles in writing, nor would he acknowledge theirs to be the true religion, 'allegeing that gyf he gaif his ansuere in wryte that it wald be blawdit in the pulpet quhair the preacheris ralis by thair text : and sa departit wytht fume and anger; nochtwythstand- ing the seat promist that his writ ting sould nocht be 1 Pp. 169-171. 3 P. 191. ;; P. 15. 4 P. 296. — In writing the note on that page, I overlooked the Act of 1567, to which special reference was evidently made. In response to one of the articles proponed by the Kirk, Parliament ' declarit and grantit jurisdictioun to the said Kirk : quhilk consistis and standis in preicheing of the trew Word of Jesus Christ, correctioun of maneris, and administratioun of haly sacramentis ; and declaris that thair is na uther face of kirk, nor uther face of religioun, than is presentlie be the favour of God establischeit within this realme ; and that thair be na uther jurisdictioun ecclesiasticall acknawlegeit within this Realme, uther than that quhilk is, and salbe within the same Kirk, or that quhilk flowis thairfra concern- ing the premissis' {Acts of Parliament, iii. 24, 25). PREFACE. xix blawdit, bot he sould have sufficient ansuere in wryte wytht quietness Had the session been tyrannically disposed, his answer and anger would have evoked hasty and high-handed procedure. 6 Yit being of mynd to repres his stubburnes and be al meanis posseble to wyn hym, , it was simply resolved to warn him to appear five days later with his answers in writing, 4 and gyf he comperis nocht the minister to proceid to public admonesing of hym, according to the ordour appointed be the kirk." 1 But no further action seems to have been taken for nearly ten months, when, after some explanations by the Super- intendent and the minister regarding the Lord's Supper, he 'adjunit hym faithtfullie to the religioun and imbrased the sam, 1 and promised to partake of 6 Christis communione at the nixt ministration thairof.' >2 He did not fulfil his promise, however, but excused his absence by 6 seiknes and alteration of his bodied 3 On the next occasion he made a very different answer : — 6 Quhen I maid the promis I lukit for ane uthir thing nor I see, for ever ilk ane of thame wald cut utheris throtis quha gaes to that communioun, and thairfoir I wil nocht keip promis/ This was on the 19th of June 1571, and again ample time was allowed for reflection. On the 7th of November he renewed his former promise, and the seat decerned that if he failed, 'it sal be procedit aganis hym to excommunicatioun, wythout forthir calling.'' 4 Laurence Dalglesche was more easily managed. He seems to have joined without the least hesitation in June 1569, and next August explained that 6 he baid nocht fra the communioun of set purpos nor hypocriti- callie/ 5 In February 1572-3, John Forret, vicar of Swinton, recanted, but the form has not been copied into the Register. 6 On the 8th of March 1572-3, the Session ordained, 'that the namis of the Papistis wythin this congregatioun be serchit and gevin in bil to the minister, that ordour ma be takin wytht 1 P. 297. 4 Pp- 352, 353- 3 Pp. 3 l 9, 320. Pp. 318, 323. 3 P. 322. ,! P. 375- XX PREFACE. them according to Act of Parliament/ 1 The search had either been very superficial or the delinquents were few in number. Only five individuals are mentioned, including Sir David Muir, one of the old chaplains of the Lady Altar in the parish church, 4 ane Papist unrecantit and obstinet.' The mere fact that such a man had been allowed to hold out so long, speaks volumes for the practical tolerance of the Session. On the 25th of the same month, 4 that all suspitioun of Papistrie in this reformat congregatioun be removit,"' it was ordained, 4 That the heal preistis that brukis ony fundatioun wythtin this citie compeir this day xv dayis, of new to gyf confession of thair faitht, and to ansueir to sic thingis as sal be sperit and askit of them, concerning the pointis of religion and observing of the preaching and doctrine. 1 2 But so far as the Register shows no one appeared. In this age, permeated with what in the Solemn League and Covenant is termed 4 detestable indifterency,'* these deal- ings of the Session with obstinate Papists will doubtless be regarded as flagrant infringements of the liberty of conscience, 1 P. 376. — The Act here referred to was passed on the 26th of January 1572-3. It was ordained, ' that the lauchfull archebischoppis bischoppis super- intendentis and commissionaris of the dioceis and provinces of this realme be thame selfis, and the ministeris and reidaris serving at the kirkis within thair charges respective, with all diligence efter the publicatioun of this present Act, note the names of the persounis asweill men as wemen suspectit to be Papistis, or that hes not communicat with the sacramentis as thay ar now trewly ministrat in the Reformit Kirkis of this realme ; and with the lyke diligence lauchfully admonische thame according to the ordour of the Kirk. . . . And in case of the contumacie and non comperance of ony persounis swa admonischeit, or comperand gif thay refuse to obey the admonitioun, and thay quha hes returnit to thair errouris efter thair confessioun anis gevin, that everie lauchfull archi- bischop bischop superintendent or commissionar present ane roll and catholog of the names of the disobedientis obstinat or relaps persounis to our Soverane Lord and his Regent, betuix and the first day of Junii nixt to cum.' An arch- bishop or bishop failing to make this return was to lose a year's income, a super- intendent or commissioner was to lose the same and his office to boot. Those named in the catalogue were, after its publication, to be ' estemit infamous and unabill to sit or stand in jugement, persew, beir office, nor sail not be admittit as previs witnessis or assysouris aganis ony professing the trew Religioun, ay and quhill thay have recounsallit thame selfis to the trew kirk ' {Acts of Parlia- ment, iii. 71, 72). 2 P. 376. PREFACE. xxi or may even be denounced as gross persecution ; but they were deeds of kindness compared with the atrocious doings of David Beton, Patrick Hepburn, and John Hamilton in the same city and during the same century. It might have been supposed that men who had suffered persecution would have learned to feel compassion and exercise a spirit of free tolera- tion ; but those who had passed through such a struggle could hardly remain neutral, and the Reformers could not afford to give their opponents any undue advantage, whereby their hard- won liberties might have been again wrested from them. They knew something of the plots that were being hatched, and the schemes that were being laid, for their overthrow, and they behoved to be watchful. That their fears were well founded has been recently proved afresh. Nicolas de Gouda, the Pope's legate to Mary Queen of Scots in 1562, thus wrote to the General of his Society : — 'The Pope exhorted her in defending the faith to follow the example of Queen Mary of England.'* 1 It is almost unnecessary to recall the nature of that example. In 4 four years as many as two hundred and eighty-eight per- sons, of all ranks and orders, perished at the stake, the greater part for their abandonment of Medievalism and their adher- ence to the doctrine of the English Reformation/ 2 Gouda's statement may be accepted as correct so far as it goes, although found in a book remarkable for its misrepresentation of facts. 3 1 Forbes-Leith's Narratives of Scottish Catholics, 1885, P- 67. 2 Hard wick's History of the Church during the Reformation, edited by Stubbs, p. 221. 3 To show that this charge is neither reckless nor unjust, a specimen of the perversions may be given from the introductory sketch. On p. 6, he says : — ' On the eve of the Reformation, the Church of Scotland could glory in prelates who were distinguished equally for their talents and virtues.' After mentioning a few of these, he proceeds : — ' The inferior clergy could also pride itself on many learned and virtuous priests, who, after undergoing for several years the various trials of a severe persecution, were at last banished ; and who, strangers though they were, acquired, in foreign universities, a high reputation for character, ability, and learning.' Then he adds in a foot-note: — ' M'Crie says, "They were to be found in all the universities and colleges. In several of them they held the honourable situation of principal, and in others they amounted to a xxii PREFACE. If it has been at all tampered with, its strength will have been modified not increased. In the eighth head of the First Book of Discipline, the duties of elders and deacons are clearly laid down, and also rules for their election : — 6 Men of best knawledge in Goddis Word, of cleanest life, men faithfull, and of most honest con- versatioun that can be fund in the Churche, must be nominated to be in electioun ; and the names of the same must be pub- lictlie red to the whole kirk by the minister, geving thame advertisement, that frome amongest these must be chosin elderis and deaconis. Yf anye of the nominated be noted with publict infamye, he aught to be repelled ; for it is not seamlie that the servand of corruptioun shall have authoritie to judge in the Churche of God. Yf anye man knowis utheris of better qualiteis within the Churche then these that beis nominated, lat thame be put in electioun, that the Church may have the choise. . . . The elderis being elected, must be admonischeit of thair office, which is to assist the minister in all publict effares of the Churche ; to wit, in judgeing and decernyng causses ; in geving of admonitioun to the licentious lever ; in having of respect to the manneris and conversatioun of all men within thair charge ; for by the gravitie of the seniouris aught the licht and unbridillit life of the licentious be corrected and bridillit. Yea, the seniouris aught to tak heyde to the life, manneris, deligence, and studye of thair ministeris. . . . The office of the deaconis, as is before declared, is to receave the rentis, and gadder the almous of the churche, to keip and dis- tribute the same, as by the ministerie of the kirk shall be appointed. They may also assist in judgement with the third of the professors.'" Though his references are usually very full, on this occasion he does not even say which of M'Crie's works the quotation is from ; but it will be found in his Life of Melville, first edition, ii. 419 ; second edition, ii. 279; third edition, p. 320. Incredible as it may seem, M'Crie is there speak- ing of the Protestant universities and colleges of France, and, immediately after the passage quoted, adds : — 1 Most of them had been educated under Melville at St. Andrews.' His teaching there did not begin until twenty years after the Reformation. PREFACE. xxiii ministeris and elderis, and may be admitted to read in the assemblie yf thei be required, and be fund abill thaii'to. 1 Though the election ought to be yearly, 1 the same men might be re-elected ; and as to * how the voitis and suffreigeis may be best receaved, so that everie man may gyf his vote frelie, everie severall churche may tack such ordour as best seameth to thame. 1 Before the First Bool: of Discipline was prepared, 2 there had been one election of elders and deacons at St. Andrews; and on the 1st of October 1561, 'in the session of Superintendent and ministerie of Sanctandrois, 1 at which the Provost, bailies and town-council of the city, and the Hector and chief members of the University, were present, regulations were drawn up for future elections. 3 On the 1st of March 1559-60, the minister and elders, in a difficult case, took the advice of John Douglas, John Wynram, William Skene, and John Rutherfurd; 4 twelve days after his election as Superintendent, Wynram, with the 'holl ministerie, 1 took the 'consayll of the Provest of Sanctandrois, Rector and chief membris of the Universite, anent the tryall and admissione of ministeris in the hoi dioceye ; 1 5 and in Borthwick , s case many of the University officials were consulted; 6 but after the meeting in October 1561, two or three members of the University were usually, if not always, chosen elders. The office-bearers met weekly, and in their joint capacity were generally called the ministry until 1568, but afterwards that term was almost entirely superseded by seat, assembly, and session. Sometimes Mrk is used in the same sense ; 7 and ' con- sistory , 8 also occurs, as well as 6 the consistoriall court of the minister and eldaris. 19 Occasionally the terms are combined 1 In the English congregation at Geneva the ministers as well as the elders and deacons were elected annually {Livre des Anglois, pp. II, 12). The Protestant congregations in Scotland, while yet without ministers, chose some to exhort, as well as elders and deacons, and in Edinburgh they seem to have done so as early as 1556 or 1557 (M'Crie's Jvuex, 1861, p. 140). 2 P. 74, n. 3 Pp. 1, 2. 4 P. 26. 5 P. 75- fi P. 103. " Pp. 296, 439. s P. 38. :l P. 42. XXIV PREFACE. as — 6 sessione and ministerie,'' 1 6 seat and ministerie,' 2 4 ses- sioun and seniouris,'' 4 assemblie and sessioun,'' 3 6 sessioun and kirk. 1 4 In such matters no doubt much was left to the clerk. From several incidental references it is evident that the deacons were not only present at the meetings of session, but were counted members of that body. For example, in 1570, the phrase occurs — 'the assemblie of eldaris and deakins of the sessioun of the citie of Sanctandros 1 ; 5 and in 1571, 4 the heal brethir of the sessioun and membris thairof ' are described as 4 minister, eldaris, and diaconis. 1 6 After election they all seem to have sworn the same oath, and promised to obey the same rules. 7 Although there was a large staff both of elders and deacons in St. Andrews, from 1559 onwards, it might have been supposed that their respective duties had become some- what mixed up, more especially as the attendance was often meagre ; and that from merely being present to receive instruc- tions and give advice, the deacons at length came to be regarded as members of session ; but that a distinction of offices, in some measure at least, was still realised, is proved by the continued election of both. 8 In one of the earlier minutes, a culprit is mentioned as having been called before the 'minister, seniouris, and counsall 1 ; 9 in another, as before the 6 minister, eldaris, and counsall ' ; 10 and at an earlier date than either of these, a summons runs in the name of the 4 ministre, eldaris, and diacons/ 11 Perhaps the word 4 counsall , in the first two is equivalent to 4 diacons ' in the third ; but all the three are prior to the First Booh of Discipline. In the earlier minutes the phrase 4 minister and elders ' is used much oftener than 4 mini- ster, elders and deacons ' ; but the edict for Wynram's election is signed by three of the deacons as well as by the minister and 1 P. 82. 2 P. 315. 3 P. 454. 4 P. 344. 0 P. 338. 0 P. 348. 7 Pp. 369, 370, 400, 4i3> 420, 432. 8 Dr. Edgar points out that, ' In Mauchline Parish, and in many other parishes, it was long the custom to ordain men to the office of elder and deacon' {Old Church Life, second series, p. 6). 9 P. 29. 10 P. 38. " P. 22. PREFACE. XXV seven elders. 1 In 1564, in a case of discipline, a supplication is sent to the magistrates from 'the minister, eldaris and diaconisY 2 and, in 1579, 'the minister, eldaris and diaconis'' ordain and decern. 3 Letters of monition also run in their names ; 4 and so do sentences in such important cases as the vindication of a condemned heretic, 5 and the commanding of a man to marry a woman against his will. 6 They are even introduced into sentences of excommunication : — ' We, minister, eldaris and diaconis of Cristis kyrk and congregacion of Sanctandrois, are called as watchemen ower his flok. , 7 Moreover, there are indications that this practice was not confined to St. Andrews, that it was followed in Kirkcaldy, 8 Kinghorn, 9 and Crail. 10 The General Assembly, too, recognised other duties than the management of alms and revenues as pertaining to the deacons. In 1563, it was ordained that, in large parishes, the minister should ask the elders and deacons to help him in visiting the sick; 11 and in March 1572-3, a complaint having been given in by Mr. Robert Scott against Wynram, the Assembly not only found that the Superintendent had wronged him, but gave ' full power and commission to the ministers, elders and deacons of the congregation of Sanct Andrews, to take cognition, decide and conclude upon the whole rest of the said Roberts complaints yet undecided.' 12 Even after the adoption of the Second Booh of Discipline, deacons were still regarded in St. Andrews as members of session ; 13 and the yearly elections were kept up, with more or less regularity, until 16C0 ; but these points can be better discussed after the second part of this Register is in type. 1 75- 2 P- 195- 3 P. 439- 4 Pp. 261, 264. 5 P. 101. 6 P. 220. 7 P. 203, see also pp. 274, 311. 8 Pp> ^ ^ 9 Pp. 249, 250. 10 P. 258, 259. 11 Booke of the Univ. Kirk, i. 43. 12 /did. i. 264. — In 1567, the 'Convention of the brethren, haldin . . . befor the Generall Assemblie,' thought 'it necessar that every minister, with the elders and deacons, sail search out within ther awin bounds at ther sessiouns ' the 'crymes of incest and adulterie ' {Ibid. i. III). ir! P. 470. xxvi PREFACE. At first, the weekly meeting of session was held on Thursday, with occasional meetings on other days ; but in a short time Wednesday w T as chosen as the regular day. 'The scoole of Sanct Leonardis College'* was, at least, once the place of meeting, 1 and 'the counsal-howse at the Auld College "* was similarly honoured. 2 The parish church is mentioned more frequently, and sometimes the particular part of it is more clearly defined as 'the consaill hows wythin the parrochie kyrk," 3 or ' abone paroche kirk dur, 1 4 or ' the consistory hows abone the porche dur of the paroche kirk, 15 or ' dominicula supra porticum templi parochialism G Occasionally it is simply said to have been the council-house, but there can be little doubt that almost from the very first the meetings with few- exceptions were in the parish church. In 1561 and also in 1570, two in the afternoon is mentioned as the hour of meeting. 7 Allusion has already been made to the scant attendance at the meetings of session. Busy men would doubtless find it rather a severe tax on their time to be present at every meeting of session and at week-day preachings too. This was experi- enced ere the fervour of the Reformation was spent. In May 1561 'the minister elderis and deaconis present 1 con- sented that if any of their number were absent on a Wednes- day he should pay a shilling ; if he came after three o'clock, being in the city or vicinity, sixpence ; and if he were only so late that the prayer was ended, threepence. To this there is the mysterious addition, that any one swearing an oath in the seat, ' unrequirit and admittit to sweir," should pay twopence for each fault. In February 1567-8 this Act was ratified and approved, but augmented so that any one departing before the business was finished, without asking and obtaining leave, should pay threepence. 8 The Act was again ratified in 1 P. 22. - P. 23. 3 P. I29. 4 p. 18. •"> p. 52. (! p. 61. 7 Pp. 107, 342. 8 p. 72. PREFACE. xxvii October 1570, 1 but there had evidently been laxity in the application, for in November 1572 the old Act is again copied into the Register, with the warning that the penalties are to be 6 onforgevin ; 2 and in the following January it was ordained that, unless the absentees had a 6 lawful impediment, and the sam apprevit be the sessioun," they should 6 be punisched according to the Act maid of befoir, wythtout exception of personis and forgeving to ony man. 1 3 Even this was not enough, for in July 1574, 6 in respect of the slaw convening of the brethir of sessioun to the ouklie assemblies the minister threatened to admonish them publicly from the pulpit 6 to observe the ordour undir paine of excommunication. 1 4 The same difficulty was experienced in other places, and quite as early ; for, in July 1562, the General Assembly concluded that the minister should require 6 his elders, and every ane of them," to assist him in all his lawful assemblies, and that he should proceed against the negligent by admonitions, and, if necessary, should with the advice of the Superintendent excommunicate them, even although they were magistrates. 5 But in spite of penalty and threat, when an important case was to be tried, 6 the haill sessioun 1 had to be specially warned ; and the poor attendance may have been the chief cause why, at some periods, so few meetings seem to have been held. The duties were no doubt felt to be often difficult and delicate as well as arduous, and occasionally those who were elected declined the office : 6 the most notable refusal being that of Archibald Hamilton, who afterwards apostatised. 7 It was on the 13th of April 1561 that Wynram was elected, in the parish church of St. Andrews, to be 6 Superintendent of Fyff, Fotheryk and Strathern, 18 or, as the extent of his diocese 1 P. 342. 2 P. 370. 3 P. 373. 4 p. 39 6. 5 Booke of the Univ. Kirk, i. 1 16. The fining method was adopted by the kirk-session of Aberdeen in 1568, the penalty for being absent was two shillings {Ecclesiastical Records of Aberdeen, Spald. Club, p. 14). A similar plan of enforcing attendance was used by the crafts and town-council of St. Andrews. fi P. 401. * P. 398. 8 P. 73. XXV111 PREFACE. is described in the First Book of Discipline, ' the hoill schiref- dome of Fyffe and Fotheringhame, to Striveling ; and the hoill sehirefdome of Perth." After his appointment he seems to have been frequently present at the meetings of session. Generally, as will be noticed, in cases pertaining to the parish of St. Andrews, the decisions run as before in the name of the session ; while in the cases which came before it from Wynram's large district the decisions run in his name with its advice ;* and once, at least, he empowered it to act for him in his absence. 2 In a somewhat remarkable case which affected himself, Wynram handed over the jurisdiction to the minister and elders 6 as to the ministerie of the principall town of his residence," and acted himself as complainer. Wardlaw, a son of the Laird of Torrie, had been parson of Balingry before the Reformation, and, after Wynram's appointment as Super- intendent, dispensed the sacraments without being admitted by him to do so. On Wynram causing another to 'baptis ane barm 1 there, Wardlaw resented the intrusion, and de- clared 6 that he wald not be ane redar to Jhon Knox nor ony other in Scotland 1 ; and when that minister went to the parish to celebrate a marriage, he forcibly prevented him, so that Wynram had to go himself — leaving ' otheris 1 The ministry or session formed in fact his council, pp. 107, 184, 231. While this session was his lesser council, the synodal assembly of his province was his greater council ; but these were so far from being merely his assessors, that when occasion required they might be his judges {Booke of the Univer sail Kirk, i. 29; First Book of Discipline, fifth head). But, in some cases, it seems as if the Superintendent and session exercised a joint jurisdiction, as, for example, in the claim of adherence led by Alexander Cuningham against his wife. The sentence runs in the names of the Superintendent, minister, and elders (p. 133) ; but this is perhaps only a parallel to those sentences of the session in which the deacons are similarly recognised. In the process between John Forret and Elizabeth Leslie, a commission to examine an infirm witness was given to two of the elders, by the Superintendent, minister, and elders, under the seal of the ministry (pp. 123, 124) ; nevertheless, in the same process, the sentence runs in the name of Wynram as 'juge in the caws,' and the only references to ' the ministerie of Sanctandrois ' in it are that its 1 consall and sentement ' was ' heirin had and heard,' and the closing statement that several of its members were pre- sent at the pronunciation (pp. 130, 131). 2 P. 321. PREFACE. XXIX gret besines/ Still worse, when the Superintendent admon- ished him and the parishioners to repair the church, he openly answered, ' The devill ane penny he wald spend upon the kyrk ! 1 And on the following day, in presence of the heritors, he reviled Wynram, saying, 4 he wald no nathing in that behalve, nor obey ony admonision or command of that fals, dis- saitfull, gredy, and dissimblit smayk, for he wes ane of tham that maist oppressed, smored, and held down the Word of God, and now he is cumin to it, and professis the same for gredines of gayr, lurkand and watchand quhill he maye se ane other tym ! ' He was so hot that he added, ' Or I war not revenged of that fals smaik, I had lever renunce my part of the kyrk of God ! 1 He denied part of the articles laid to his charge, and when the witnesses were produced objected to them as enemies, although several of them were his near rela- tives. From the evidence it appears that he was so determined to stop the minister from officiating in his church that he had actually provided Jedwood staves in the chancel. A procura- tor conducted the case for Wynram, and the Session gave sentence in his favour, and ordered Wardlaw to make public satisfaction both in the church of St. Andrews and in that of Balingry, under pain of excommunication. 1 When an ecclesiastic could use such irreverent and violent language, what was to be expected from the ignorant herd ! While Popery was still established by law, Agnes M c Ke was charged with imputing the dearth that then prevailed 6 to the Word and doctryne now teachet in this cietie. 1 Her male- volence, and that of several others at the same time, evidently arose from their being debarred from the Lord's Supper. That they were justly excluded is only too plain from the manner in which they spoke of that sacrament. All their invectives need not be quoted here, but one man was charged with saying : — 6 The divell knok owt Johne Knox harnes, for quhen he wald se 1 Pp. 82-89. XXX PREFACE. him hanget, he wald gett his sacrament ! 1 and another with saying ; — 4 The divell ane kirk will I gang to ! and, The divell burn up the kirk or I come into it ! and, It wer gude that Knox war kend the gayt quhare fra he come ! ' 1 A more un- disciplined set could hardly be imagined as fitting subjects for the rigorous jurisdiction of a kirk-session. Yet in other places the same evil spirit was displayed. The wife of a Crail bailie rose in her parish church one day, and cried out against the minister, John Melville, a brother of the famous Principal of St. Mary's College : — 4 It is schame to yow that ar gentillmen that ye pull hym nocht owt of the pulpot be the luggis ! , 2 Even before the appointment of the Superintendent two cases from other places were brought before the St. Andrews session. Alexander Lathrisk, indweller in Kirkcaldy, wished to divorce his wife, but 4 the minister, eldaris and diacons , of that town refused to take up the case without the command of the Lords of Privy Council. Lathrisk accordingly petitioned the Lords, and they, perhaps distrusting the Kirkcaldy session both for timorousness and incapacity, requested 4 the ministeris and eldaris of Sanctandrois , to do justice in the action. As Lathrisk's wife was a notorious offender, there was little trouble in proving her guilt. Witnesses were produced, and also a 4 testimoniall , from eighteen of the inhabitants of Aberdour, who, with delightful simplicity, described themselves 4 as maist part of the honestest men of the said toun/ Fortunately, honesty and education are not necessarily allied, for only a third of them could write their own names. The session found that the woman ought to be divorced, and punished by the magistrates, and that her husband should have liberty to marry again, but referred 4 the pronunciatioun and publicatioun of the sentence to the minister of Kirkcaldy. ' 3 The other case was brought before the session by the petitioner herself, Alison Calland, who in January 1558-9 had been contracted and 1 rp- 33-36. 2 p. 107. Pp. 50 59. PREFACE. xxxi married after 6 the corrupted Papisticall maner 1 to James Alexander, indweller in St. Monans. James proved to be an unfaithful and cruel husband, and in less than five months drove her out of his house. She wished to be divorced from him, and to obtain liberty to marry another husband ; and in approaching the session of St. Andrews thus explained why she came to it for relief : — 6 We are destitute of ministeris and eldares, and in sick cais, for justice to be haid in tymes bypast, hed ever recours to the said cietie of Sanctandrois as place of justice.'' Probably she had heard of the decision in Lathrisk's favour, but had evidently dim ideas of the constitution of the session. She addressed her petition to 6 My lordis, minister and eldares of the Christiane congregatioun of the cietie of Sanct- androis ; 1 and besought their * lordschipes,'* 6 with the weale avysed counsall of the eldaris of this said cietie, to call the said James Alexander before your lordschipes and them.'' 1 A ' libellat citacion 1 was granted to her ; and on the 5th of March, 1560-61, both she and her husband appeared before the session, 4 submittyng tham to the jurisdiccione of this ministerie, and to the disciplin of the kyrk,' each of them finding caution that they 'sail obey and fulfyll the jugment, determinacion, and sentence of this present ministerie, in this present caus, under payn of payment of twenty lift., as sowm liquidat to be rasit and distributit to the puyr. 1 Fully thirty witnesses were called and examined ; and sentence in Alison^s favour was pronounced in the consistory on the 14th, and publicly in the congregation on the 18th of May 1561. Before the decision was given Wynram had been appointed Superintendent, and the session communicated 'the secretis of the said accione and caws 1 to 1 There seems to have been much dubiety even in the city of St. Andrews, in those early days, as to the proper mode of addressing the session. The following forms are used : — ' Your m. faithfull minister and eldaris of this cietie of Sanct- androis, and your assessouris ' (p. 19); ' your wisedomes maist honorabill ministi e and counsale ' (p. 20) ; ' honorabill sirs, minister, eldaris, and diacons ' (p. 30) ; 'minister, eldaris, and counsale of this sette,' 'your nobilitie and wysedomes ' (P- 37) ; 1 "cht venerable minister and eldaris ' (p. 44) ; and ' richt worschiphull minister and eldaris ' (p. 47). XXX11 PREFACE. him, and obtained 6 his avysement and consent ; 1 but the sen- tence was given by ' the minister and eldaris,'' otherwise 4 the ministerie of the reformed kyrk and congregacion of the citie and parrochyn of Sanctandrois,'' and is signed by the minister and eleven elders. 1 Wynram's years must have rendered the discharge of his onerous duties very burdensome, and ever and anon complaints of his neglect were lodged in the General Assembly. At length his labour Was lightened, in an unexpected and rather unwelcome manner, by the appointment of the aged John Douglas to the Archbishopric of St. Andrews. The steps and motives which led to the erection of Tulchan Prelacy in Scot- land are too well known to require recapitulation here. In the matter of his own exaltation, poor old Douglas was much more of a helpless tool, than of a designing instrument, in the hands of the politic and grasping Morton. From 1561 he seems to have been regularly chosen an elder of this congregation, and, on the 12th of October 1571, the list of elders is headed by the name of ' Mr. Johne Dowglas, Archibischop and Rector of Sanctandros.' 2 Before the latter date he had sat in Parlia- ment as the Archbishop of St. Andrews, but was not yet inaugurated. Though he is occasionally mentioned after this in the Register , his name does not again appear in the list of elders. 3 On the 6th of February 1571-2 Mareoun Schewes and Henry Dikesoun appeared before the session, and they are the last who are mentioned as having been summoned 4 wytht the Superintendentis letteres to compeir befoir hym and the seat 1 ; 4 on the 10th of that month Douglas was 1 Pp. 63-72. The names of the subscribing elders correspond with those elected in 1560 (p. 4), with one exception : 'Jhon Martyn' has been substituted for 'Mr. Wilelmus Cok.' 2 P. 350. 3 Miles Coverdale, who was promoted to the See of Exeter under Edward VI., and ejected under Mary, was elected an elder of the English congregation at Geneva, on the 16th of December 1558 (Professor Mitchell's Livre des Anglois, p. 12). ' It is noteworthy that of the five English bishops then in exile, three were members of Knox's congregation at Geneva ' {/bid. p. 10). 4 P. 361. PREFACE. xxxiii inaugurated by Wynram ; 1 but, on the 21st, 4 the Superin- tendent, wytht avis consent and assent of the seat,'' made a statute concerning the hours of preaching 6 in tyme cuming. 1 2 The General Assembly met in St. Leonard's College, on the 6th of next month, and next day Wynram, of his own free will, 4 dimitted the office of Superintendentrie, which he had within the diocese of Sanct Andrews, in the Assemblies hands, re- questing them most earnestly to provide for another in his room, for the comfort of the Kirk, and visiting the ministers within the foresaids bounds.' This demission was not accepted. He was ordained 4 to use his awin jurisdictioun as of befoir in the provinces not yet subject to the Archbischoprick of Sanct Androes and was requested 4 to concurre with the said Arch- bischop, quhen he requyres him in his visitatioun or uther- wayes within his bounds, quhill the nixt Generall Assemblies 3 On the 12th day of that same March, the seat of St. Andrews is mentioned as having ordained, 4 wytht consent of Johne, Archibischop of Sa^tand!^,' that all the elders and deacons of the city should convene that day eight days, to remedy 4 the slaw convening of eldaris and deaconis to the ouklye assem- blye.' 4 After this Wynram only appears to have been once present at a meeting of session, and it was in the capacity of a witness : 5 the place he had formerly occupied in it was now taken by Douglas as Archbishop, by whose letters delinquents from other parishes were summoned, 6 and in the trial of these delinquents he was the judge, although the advice and consent of the session were taken; 7 while in purely local cases he acted with the session, 8 though the judgment seems to have be- longed to it. 9 The General Assembly, which met in August 1572, declared that 4 the diocie of Sanct Andrews, wheresoever it lyeth," pertained to 4 the Bishop of Sanct Andrews, and to 1 R. Bannatyne's Memoriales^ Ban. Club, p. 223. 2 P. 362. 3 Booke of the Univ. Kirk y i. 239, 242. 4 P. 362. 5 P. 392. 6 P. 366. 7 P. 38i. 8 Pp. 367, 387. 9 P- 377. XXXIV PREFACE. no other Superintendent to visite and plant kirks." The diocese of Douglas, as thus defined, included nearly the whole of that part of the east coast of Scotland which lies between the Tweed and the Dee. Staggered by its extent, and the consequent responsibility, he answered that, because the bounds were so great, and he was personally unable, he 6 desired some of the godliest and best learned to concurr with him in taking order how the whole diocie may be served.' 1 Among the brethren whose counsel he wished are the Superintendent of Angus and Mearns and the Superintendent of Lothian, but not Wynram, who however is still named in the proceedings of this Assembly as the Superintendent of Fife. 2 From a ques- tion put at the same Assembly it is evident that the appoint- ment of bishops had already caused some friction between them and the superintendents. 3 The rules or acts of the session of the 5th of November 1572 show how the regular business was conducted, and on that account are worthy of careful perusal ; but one of them is of special interest in this connection, as it refers to the transaction of business from beyond the parish, and reveals the uncertainty which the session still entertained regarding the respective jurisdictions of the Superintendent and Archbishop. 4 Wynram is denom- inated ' Superintendent of Stratherne ' in the three General Assemblies respectively held in March 1572-3, August 1573, and March 1573-4 ; but, in the seventh session of the latter, he c demitted purely and simpliciter his office in the hands of the Assembly' ; 5 and Douglas died on the 31st of the follow- ing July. Wynram is mentioned as 6 Prior of Portmook ' in the Assembly held in March 1574-5 ; in its third session he received 4 commission of a superintendentship ... in the bounds of Fife and Stratherne, exeeming the bounds apper- taining to the Bishop of Dunkeld,' 6 and is thereafter called 1 Booke of the Univ. Kirk, i. 243, 244. 2 Ibid. 244, 247. 3 Ibid. 249. 4 Pp. 369, 370. 5 Booke of the Univ. Kirk, i. 297. ,; Ibid. i. 318. PREFACE. XXXV by his old title — Superintendent of Fife — in that Assembly, and also in the next, held in August 1575, which continued him in his office ; l but in April 1576 his district was reduced to 6 Fife, from Sanct Andrews to Leven, 1 and though so much curtailed he was to have the help of others. 2 The first allusion in the Register to Patrick Adamson, as the successor of Douglas, is on the 13th of February 1576-7, and it relates to the sum- moning of a man from another parish 'to compeir befoir my said Lord Bischop in this seat. 13 There are other references to his letters in the same case at a later date. In December 1578 he is termed 4 my Lord of Sanctandrois, Bischop and Superinten- dent.' 4 After presbyteries were erected, there was no necessity for the session dealing with the inhabitants of other parishes ; and there is nothing in this part of the Register to show that Adamson made any attempt to encroach on the rights of the session. The faithful exercise of discipline was long regarded as of the highest moment. One of the three notes, by which our Reformers distinguished the true Church from the false, was 6 Ecclesiasticall discipline uprychtlie ministred, as Godis Word prescribed, whairby vice is repressed and vertew nurished. 1 5 Indeed they went further, including the correction and punish- ment of offences among the things ■ so necessarie, that without the same thair is no face of ane visible kirk. 1 6 ' There was nothing, 1 says one eminently qualified to give an opinion, 6 in which the Scottish Reformers approached nearer to the primi- tive Church than in the rigorous and impartial exercise of ecclesiastical discipline, the relaxation of which, under the Papacy, they justly regarded as one great cause of the universal 1 Booke of the Univ. Kirk, i. 337. 2 Ibid. i. 359 — The exact date of Wynram's death is uncertain. It occurred either on the 18th or 28th of September 1582 (Wodrow's Collections upon the Lives of the Reformers, Mait. Club, i. 463, 468). 3 Pp. 421, 422 — The term seat was also applied to the see or episcopate {Booke of the Univ. Kirk, i. 222, 226). 4 P. 433. 5 Confession of Faith of 1560, article xviii. 6 First Book of Discipline, ninth head. xxxvi PREFACE. corruption of religion. ... In some instances they might carry their rigour against offenders to an extreme ; but it was a virtuous extreme, compared with the dangerous laxity, or rather total disuse of discipline, which has gradually crept into almost all the Churches which retain the name of reformed/ 1 It would be difficult to describe the objects of discipline better than is done in the Book of Common Order, or by George Gillespie, in his definition of 4 the end of ecclesiasticall power, yea the end as well of the ministery itself, as of the godly minister ' : — 4 That the kingdome of Christ may bee set for- ward, that the pathes of the Lord bee made straight, that his holy mysteries may bee kept pure, that stumbling-blocks may bee removed out of the Church, lest a little leaven leaven the whole lump ; or lest one sick or scabbed sheep infect the whole flock ; that the faithfull may so walk as it be- cometh the Gospel of Christ, and that the wandering sheep of Christ may be converted and brought back to the sheep - fold." 2 No class was exempted from its exercise, for, in the seventh head of the First Book of Discipline, the broad rule was laid down : — 4 To discipline must all estaitis within this realme be subject, yf thay offend, alsweil the reullaris as thay that are reulit ; yea and the preachearis thame selfis, alsweill as the poorest within the Churche/ The offences of which cog- nisance was taken, and the early regulations for the guidance of church-courts in dealing with them, are to be found in that book, and in those portions of the Book of Common Order entitled The Order qf Ecclesiastical Discipline, and The Order of Excommunication and qf Public Repentance. Practical illus- trations of these dealings will be found in abundance in the following pages. Dr. Edgar concludes a most interesting and instructive chapter on 4 Marriages in Olden Times 1 by stating, 4 1 am happy to say that the contentions in divorce suits form no part 1 M'Crie's Life of Knox, 1 86 1, p. 251. 2 CXI. Propositions concerning the Ministerie and Government of the Church, 1647, p. 28. PREFACE. xxxvii of Old Church Life in Scotland? 1 The fact of the matter is, however, that, in the first few years after the Reformation, such cases occupied much of the time of the church-courts. 2 Two of these decided in the St. Andrews session have been already referred to ; and several cases were taken up by this session while Popery was still established by law. In February 1559-60, William Rantoun lodged a petition, craving the divorce of his wife, Elizabeth Geddy. Proof was led, and in March Knox publicly pronounced sentence in her favour. 3 In May, she moved a claim against her husband, and sentence of divorce was given against him in January 1560-61. 4 Mean- while a much more interesting case had been raised and dis- posed of. Margaret Archbald, spouse of David Gudlawde, had left him in 1524, gone over to Denmark, and there married another. David now petitioned the session, and on the 16th of March 1 559-60 the minister and elders decerned him 4 ane edict in the caus forsaid, upoun four-scoire days. 1 One copy of this edict, which was written in Latin, was fixed on the door of the parish church, and another despatched to Denmark. In due course a reply was received from * Jhone Olufson, called Spaidmaker, minister of Lund, in Skonesyde;' 5 but it was in Danish, and the aid of William Christesone of Dundee had to be obtained to translate it, from which it may be inferred that there was then no Danish scholar in the university. Two wit- nesses were also examined, Scotchmen evidently, who had been abroad and testified what they had seen. Margaret did not appear in answer to the summons, and sentence was pronounced, 1 Old Church Life in Scotland, second series, p. 203. 2 See p. 268, n. 2. 3 Pp> l8 . 27> 4 Pp> 37? ^ 5 For the following information concerning Olufsen, I am indebted to my friend, Mr. Maitland Anderson, who has drawn it from the Kirkehistoriske Sam- linger, Kjobenhavn, 1849-52, vol. i. pp. 389, 394 : — Hans Spandemager was born in Malmo, his right name being Hans Olufsen (in Latin, Johannes Olavi). Before accepting the Reformed doctrines he belonged to the monastery of the Holy Ghost in Malmo. He was the first to join Mortensen in preaching the Reformed doctrines in his native city. He afterwards became parish priest in Lund and likewise Provost of the district of Tome, and died at an advanced age on 4th May 1571. xxxviii PREFACE. in November 1560, divorcing her and granting liberty to her injured husband to marry another wife. This liberty he would not be slow to exercise, for, in pressing for divorce, he had urged that in respect of his age he could 4 nocht be at ease allane"; and had plainly stated that he wished to marry 6 Catheryne Niesche, ane chaste virgyne past xl yeris of aige ' ; that he had given his 6 faith and promise 1 to her, and that their banns were duly proclaimed. 1 This was not the only occasion on which a fugitive was divorced in absence. James Martyn deserted his wife, Elizabeth Thecar, and, taking Janet Alexander with him, crossed the sea to Lubke. 2 As his departure was notorious, it was not deemed necessary to send a summons after him ; but he was openly cited, on the 18th of May 1561, in the parish church, and the edict was thereafter fixed on the principal door of that church. Sixty days were allowed for his appearance, and in the interval, 6 twa Scottis- men, 1 who lived in that country, came here 4 to sell the ladnyng of thar setup." They intended to leave again before the case came up for decision, and so their evidence was taken before two bailies in the Tolbooth. Sentence against Martyn was given on the 23d of July. 3 It is noteworthy, that although Wynram was acting as Superintendent before this case was brought up, the session carried it through, apparently without even consulting him ; Elizabeth Thecar was doubtless a parish- ioner, and Martyne's absence for five years did not place him beyond its jurisdiction. Divorce was almost always sued for on the ground of infidelity, but in one case the plea was impotence. The procedure in that case, which was tried before ' the Superintendent and ministery," was very curious, 4 but the continued cohabitation which was prescribed to the parties had been customary under the Canon law. 5 It will be observed that in every divorce case, the pursuer invariably 1 Pp. 44-50. An application by the General Assembly to the Archbishops of England concerning a fugitive wife, unlike the above, seems to have elicited no response (Laing's Knox, vi. 534-538). 2 Liibeck (?) 3 Pp.77.81. 4 Pp. 151-155. 8 Riddell's Peerage and Consistorial Law, 1842, i. 536. PREFACE. xxxix pleaded for liberty to marry again. This liberty was in accord- ance with the First Book of' Discipline ; and one of the things which the subscribers to the Negative Confession, of 1580, were bound to 'abhorre and detest' was the Roman Antichrist's 4 crueltie agaynst the innocent devorced.' 1 The divorce cases, which were brought before the session and the Superintendent, were far exceeded in number by the claims of marriage in which they decided. These claims were usually urged by frail maidens against their deceivers ; but in one or two cases the petitioners were jilted swains, the fickle flirt having promised to marry two men. 2 Generally the women were victorious, no doubt having right on their side. The reconciliation of ill-matched or quarrelsome couples was frequently undertaken by the session. It was sometimes, indeed, these well-meant attempts which led to a process end- ing in divorce ; for if a man and his wife were living separately, they were ordered to adhere or show cause why they should not. But the efforts to restore harmony were occasionally crowned with success. One jealous husband, 4 in signe of con- cord, amite, and simple remit of all displesor,' at the request of the venerable John Douglas, 4 kissid and embraced 1 his spouse 'and drank to hyr.' 3 In another case, a man's wife, who confessed that she had not been so obedient 4 as becam hyr of dewetie toward hyr husband and head,' at his desire on her knees asked him forgiveness, and her father became cautionar that in future she should be 4 ane gud and faythfull wyff and servand' to him. 4 Women, too, freely forgave their erring husbands. 5 Nor were those at variance with their neighbours allowed to partake of the sacrament until reconciliation was effected. 6 And two hostile families were not only reconciled, 1 Row's History ; Wod. Soc. p. 75. — In a pre-Reformation book, tradition- ally associated with Wynram, it is stated : — ' The partising and devorsing, quhilk our Salviour sais may be done for fornicatioun, suld be understand allanerly of partising fra bed and borde, and nocht fra the band of matrimony ' (Hamilton's Catechism, 1882, fol. clxvii). 2 Pp. 48. 253. P. 169. 4 P. 192. 5 Pp. 245, 284. 6 PP. 409, 4io. xl PREFACE. in presence of the session, 6 in the luif and feir of God 1 ; but, 8 with thair awin consentis, 1 were bound that if any one of them should fail towards another, the offender should pay ten merks to the offended, and make public satisfaction in presence of the congregation. 1 There are several references in the Register to hand-fasting, illustrating its forms and significance, and showing that it sur- vived the Reformation. No matter how secretly espousals were made, if followed by copulation, they might annul the subsequent marriage of either party in the lifetime of the other ; and therefore by the Synodal Statutes of Aberdeen and of St. Andrews, in the thirteenth century, it was required that espousals should take place before a priest and three or four trustworthy witnesses. 2 The same formula was not always used at these espousals or hand-fastings. 3 In his brief episco- pate, 1515-1521, Andrew Forman deemed it necessary that clandestine espousals should be denounced under pain of excom- munication, in every church of his diocese, four times a year ; and that similar denunciations should be thundered against all those, who, after being hand-fasted, lived as man and wife, without being married in face of the church. 4 In the Register 1 R 477 ' 2 Concilia Scotiae, Ban. Club, vol. i. pp. clxxxvi, clxxxvii. :1 In or before 1518, David Johnson was thus espoused to Margaret Abernethy : — ' I promytt to yow Begis Abirnethy that I sail mary yow and that I sail nevere haiff ane uther wiff and therto I giff yow my fayth.' Begis made promise to him in the same terms {Liber Officialis Sancti Andree, Abbot. Club, p. 21). In 1556, the vicar of Aberdour 'minestrat and execut the office anent the hand-fast- ing ' betwixt Robert Lauder, younger of the Bass, and Jane Hepburn, daughter to Patrick, Earl of Bothwell, 1 in thir wordis following : — I Robert Lawder tak yow Jane Hepburne to my spousit wyf as the law of Haly Kirk schawis, and therto I plycht yow my trewht ; and siclyk, I the said Jane Hepburne takis yow Robert Lawder to my spowsit husband as the law of Haly Kirk schaws, and therto I plycht to yow my trewth and execut the residew of the said maner of handfasting conforme to the consuetud usit and wont in syk casis' {Carte Monialium de Northberwic, Ban. Club, p. 72). The form of words used by the man in marriage was, ' I tak the to my weddit wyfe,' and by the woman, ' I tak the to my maryit husband ' ; both of them adding — ' In the name of the Father, and the Sonne, and the Haly Spreit ' (Hammilton's Catechis?n, 1882, fol. clxvii, clxviii). 4 Concilia Scotiae, vol. i. p. clxxxvii. PREFACE. xli there are instances both of secret 1 and open espousals, some of the latter made before priests, 2 and others before the minister, reader, or elders, and other witnesses. 3 Too often the parties were content with that ceremony, as their forefathers had been before them, and had to be compelled to celebrate their mar- riage openly under pain of excommunication. On the other hand, others would have afterwards resiled had they not been constrained to complete the band of matrimony. When the espousals had been followed by copulation, the transgression of either party with any other was regarded as adultery. 4 In the case of John Fowlis and Mirabell Brown, the ceremony, celebrated on a Sabbath-day, in 1563, before witnesses, was simple enough. After agreeing with his future mother-in-law as to ' towcher glide,' * the said Jhon be laying his hand in the hand of Mirabell promyst to marie hyr, and sche promyst to be gud servand to hym. 15 In the case of James Thomson and Janet Smyth, one witness deponed that he ' promittit of his gear to the said James iiij lib., and Simon Adam promittit iiij bollis malt while another testified 6 that he heard and saw the promis maid and held up handis for performing of the premissis. ,(3 St. Andrews was by no means the only place where the evil custom which had so long attended hand-fasting lingered after the Reformation. 7 1 Pp. 29, 145, 330- 2 p P- l82 > 28 5- 3 Pp. 248, 249, 280. —On one occasion an elder used a most extraordinary formula ; nothing like it will be found in any manual ancient or modern. 4 Pp. 61, 246, 253, 255. 5 P. 230. e P. 316. 7 In Aberdeen it seems to have been much more prevalent, and steps were also taken there to make them complete their marriage {Ecclesiastical Records of Aberdeen, Spald. Club, p. 11) ; and in 1568 it was ordained, 'that nether the minister nor reader be present at contractis off mariage-making, as thai call thair handfastinis ' {Ibid. p. 14). From at least the days of St. Malachy until a much later period, marriages in Ireland ' were usually contracted only by sponsalia de futuro'' (Lanigan's Ecclesiastical History of Ireland, iv. 64, 70-72). Sir Walter Scott refers to a most pernicious custom known as hand-fasting on the Borders. Avenel thus explains its nature to Warden : — ' We Bordermen are more wary than your inland clowns of Fife and Lothian — no jump in the dark for us— no clenching the fetters around our wrists till we know how they will wear with us — we take our wives, like our horses, upon trial. When we xlii PREFACE. The attention of the session was early directed to the for- malities of marriage. An act concerning the proclamation of banns was made on the 20th of June 1560, requiring both the parties, if they lived within the parish, to appear personally before the session-clerk ; and if either the man or the woman lived in another parish, and the marriage was in this church, that the stranger should bring a testimonial of the due pro- clamation of the banns. 1 In 1569 ' Maister Andro Kircaldy 1 was ordered to pass to Kilconquhar church, and there ' upon ane Sunday 1 to ' ask God and the congregation forgevenes, for solemnizing of mareage of Johne Wemis and Effem Wemis, Limquhill Lady of Kilconquhar, by al guid ordour and wythout proclamation of bannis. 1 2 In the same summer, and seemingly in the same church, at the proclamation of the banns for the third time between George Dischington and Janet Calland, the Lady of Carmurie and her servant 4 interponit thame selves, allegeand that they had sum resonable causis to propone and allege quhy the saidis parteis mycht nocht nor sould nocht proceid to completing and solemnizing of the band of mareage ; 1 but, as they never appeared before the session, though sundry times called on, to give their reasons, the minister of Kilcon- quhar was ordained to proceed with the marriage. 3 In March 1570-71, the question was put in the General Assembly, 6 Is it not expedient and necessar, that an uniform order be observed in all kirks, in making promises of marriages, quhither they shall be made per verba de Jiduro, vel verba de prwsenti ; or should no promise be made till the solemnization ? ' The are hand-fasted, as we term it, we are man and wife for a year and day; that space gone by, each may choose another mate, or, at their pleasure, may call the priest to marry them for life — and this we call handfasting' {The Monastery, chap. xxv). In the upper part of Eskdale multitudes of each sex are said to have resorted to an annual fair where they were handfasted, went off in pairs, and after living together for a year declared their dislike or approbation of each other at the next fair, when they were either married for life, or the engagement rendered void. It is also stated that this custom prevailed in the Hebrides, that it was practised in the north of Scotland, and that traces of it are found in France (Jamieson's Dictionary, where the authorities are quoted). 1 P. 42. a P. 319. 3 P. 321. PREFACE. xliii answer was, 6 Promise of marriage per verba de J'uturo sail be made, according to the ordour of the reformed Kirk, to the minister, exhorter or reidar ; takeand caution for abstinence till the marriage be solemnizit/ 1 In August 1575 the following question was put in the General Assembly, 6 Whether the contract of marriage used to be made before the proclama- tion of banns betwixt man and woman, should be made be words of the present tyme, the man saying to the woman, I take thee to be my wife, and the woman saying to her husband, I take thee to be my husband ; or should there no contract or promise be made while the instant time of solemnization of the marriage ? ' To this it was answered, ■ Let the order observed within the reformed Kirk of Scotland be keeped. Parties to be maried sould come before the Assemblie, and give in thair names, that thair bands may be proclaimit, and no farther ceremonies usit. 1 2 If, when espousals were made before witnesses, the man used the words 4 1 take thee to be my wife,' and the woman, 6 1 take thee to be my husband, 1 it is not surprising that many of the people, with their old notions of hand-fasting, should think themselves already married. In February 1576-7, the question came up in the session, as if it had not been already decided by the General Assembly, and it was ' thocht gude that the parteis that ar to mak promis of mareage cum befoir the seat, and gyf up thair names in wryte, quhilk salbe deliverit to the redar, and the promis to be maid per verba de J'uturo in tyme cuming.' 3 And in July 1578, Henry Scot, alias Kil- moun, in presence of the seat, made 'promis of mariage to Agnes Meffen, be deliverance of his hand to the said Agnes, and to solempnizat the band and promis of mareage maid be hym to hir in face and visage of the kirk." 4 This case however was exceptional, as the parties already had a child to baptize ; and no ceremony is mentioned in connection with the two 1 Booke of the Universall Kirk, i. 195, 196. - Ibid. i. 343. 3 Pp. 421. 422. 4 Pp. 429, 430. xliv PREFACE. couples who came before the seat on the 13th of March 1576-7. 1 The requirements of the First Book of Discipline, that marriage should be celebrated in face of the congregation, and on Sabbath, were long adhered to rigidly ; but in March 1569- 70, because of Patrick Ogilvy's 'grite infirmite and seiknes, 1 the session, at the request of his father-in-law, allowed him to be married on Wednesday. 2 In the General Assembly of July 1579, questions were put concerning marriage on other days of the week, from which it appears that there was considerable diversity of practice and therefore 4 no small slander among the people. 1 The Assembly granted liberty to solemnise it on any day of the week, provided that there was a sufficient number of witnesses present, and that the banns were proclaimed on three Sabbaths. 3 Although one of the questions had been 6 proponed be the Synodall Assemblie of Sanct Andrews,' the session waited until December 1580 before stating ' that it salbe lesum to marie in all tym cuming upone Wadnisday."' 4 This delay was the more remarkable as, in 1570, it had been found necessary to supplicate the magistrates c for reforma- tioun of the grite abuse usit be new mareit personis in viola- tioun of the Sabbat day. 1 Not only did these persons absent themselves from the preaching in the afternoon, but after supper in the evening, to the evil example of others, they per- turbed 6 the town wytht rynning thair throw in menstralye and harlatrye. 1 5 Perhaps the measures of the magistrates had been so drastic that the bad example w r as not repeated. In February 1567-8, for special reasons, liberty was granted to the Provost of Kirkhill to solemnise his marriage in another parish. 6 And in 1572 a couple of sinners were married on the same Sabbath as the woman made her 6 satisfaction and repent- ance/ 7 In June 1575, Elizabeth M c ke, who had alleged, but failed to prove, that her father compelled her to be hand-fasted 1 P. 423. - P. 332. 3 Booke of the Universal I Kirk, ii. 439-441. 4 P. 452- 5 P. 341- 6 Pp. 293, 294. 7 P. 363. PREFACE. xlv with Thomas Read, was ordered to marry Read under pain of excommunication. 1 Neither the marriage nor the penalty was carried out in haste ; for, nearly four years later, she was again ordained 4 to proceid to mareage witht the said Thomas, undir sic pains as the kirk may lay to hir chairge.' 2 Perhaps one of the most important and salutary enactments concerning marriage was drawn up in 1579. Its importance is stamped in the margin with a double nota, and in its first line, running as it does in the name of the 6 minister, eldaris, and diaconis/ It ordained, 6 that, in tyme cuming, nane be resavit to compleit the band of matrimonye, wythtout thay rehers to the redar the Lordis Ppayeris, Beleve, and the Commandementis of God.' 3 It was no doubt because of the session's jurisdiction in matri- monial matters that, in 1562, Eufame Colt asked it to decern that she was the lawful daughter of 6 umquhill Jhon Colt and Cristen Kyrk/ 4 The faults and failings with which the session had to deal were of many kinds, but the sin of fornication outnumbered them all. Strenuous and unremitting efforts were put forth to suppress this vice in all its forms. Over and above the pains of discipline, it was deemed advisable to imprison transgressors in the steeple, the period being increased in aggravated cases. Death was regarded as the due desert of adultery and incest. Church-courts had no power to inflict such a penalty, but the discipline which penitents of this class had to undergo, ere they were again received into the bosom of the Church, was very severe. St. Andrews was occasionally scandalised by such heinous sins, and when the fama broke out, a searching investi- gation was at once begun by the session. In the spring of 1568, the session began to exercise a strict vigilance over Sabbath-breakers. The attendance at Sabbath markets was one of the commonest forms of this sin, and one of the most difficult to eradicate. 5 Craftsmen too plied their 1 P. 410. 4 P. i47. 2 P. 434. 3 P- 439- 5 Pp. 294, 416, 479-4S1. xlvi PREFACE. avocations on that day, and of these the fleshers were the most perverse and stubborn. 1 Sins of the harvest were not un- known. One man was taken to task for threshing corn, another for leading corn, and a third for binding beans. 2 A married woman was 4 decernit in tyme cuming to desist fra keping of taverine upon the Sabbat day" under pain of forty shillings, 4 and to mak public repentence upon the penitent stule."' This decreet was given forth with her husband's consent as well as her own. 3 A baker's wife, who had been guilty of ' selling of candil and braed on Sundays, 1 of absenting herself from the church, of 'mis-saying and disobedient to hir husband,' was ordered to desist in future under the pain of £10, 4 and to sit in the joiggis xxiiij howris.' Nothing is said about her or her husband's consent to this decreet. Her own would doubtless have been refused ; and her husband, however willing, would not have dared to give his. Haw material of her kind would not be too plastic in the hands of the session. She was like- wise delated 4 for fliting wytht hir nychtbouris, and selling of bread tyme of sermon on Sunday.' 4 With all their sternness the members of session were only human, and once were guilty of sanctioning Sabbath profanation. The daughter of Thomas Balfour, a bailie and an elder, was married on the 1st of August 1574, and the session gave liberty on that occasion 4 to play the comede mentionat in Sanct Lucas Evangel of the For- lorn Sone.' It was stipulated, however, 4 that playing thairof be nocht occasioun to wythdraw the pepil fra heryng of the preaching, at the howre appointed als weil eftir mine as befoir mine.' 5 This relaxation was not overlooked by the General Assembly, and the session did not repeat the experiment. In the following March, all the inhabitants, 4 spetialy yowng men,' were publicly warned from the pulpit, 4 that nane of them presume nor tak upon hand to violat the Sabbat day, be using 1 Pp. 309, 3H, 349, 364, 365, 403- 2 Pp- 374, 380. :J P. 421. 4 P. 343- ■ P. 396. PREFACE. xlvii of playis and gemmis publiclie as they war wont to do, con- trafating the playis of Robein Huid.'' 1 Closely allied with Sabbath profanation, regarded indeed as a form of it, was non-attendance at church. This habit had been very prevalent before the Reformation. 6 One canon,' of the General Provincial Council of 1552, 6 sets forth that, even in the most populous parishes, very few of the parish- ioners come to mass or to sermon ; that in time of service, jesting and irreverence go on within the church, sports and secular business in the porch and the churchyard.'' 2 The session tried various plans to remedy this evil. The absentees were ordered to attend in future under pain of excommunication ; 3 James Makke, who seems to have been guilty of open violation of the Sabbath as well, was to pay forty shillings to the poor if he again transgressed; 4 the help of the Magistrates was implored; 5 and in 1576 a termagant was informed that if she were again delated as ' ane bannar or blasphemar of hir husband, or not to cum to the sermon on the Sabbat day,' she should ' sit in the gok stule xxiiij fiowns." 6 Perhaps the most efficacious plan was that adopted in June 1574, which was meant not only for Sabbath- preaching, but for week-day services, and which was to be extended in its application to students, inhabitants, and all sojourners. Captors were chosen 'tovesythe hail town. 1 It was arranged that ' every Sunday thair sal pas and vesy ane bailye, ane elder, twa diaconis, and twa officeris inarmit wytht thair halbartis. 1 Lest these might have been insufficient to cope with the delinquents 6 the rest of the bailies and officeris 1 were to be in readiness, * to assist them to apprehend the transgressoris, to be punisched conform to the actis of the kirk: 7 It will be observed that in the Register for several years 1 P. 406. - Concilia Scotic?, vol. i. p. cli. 3 Pp- 309, 337, 338. 4 P- 363. 5 P- 373- 6 P. 420. " Pp. 394, 395. xlviii PREFACE. after the Reformation, the Lord's Day is invariably denomi- nated Sunday not Sabbath. The retention of old names is somewhat remarkable, and serves to illustrate the power of habit. Excommunication is sometimes called cursing; 1 and discipline, penance. 2 The former names of special days are frequently used, such as — Rood-day, Michaelmas, St. Stephen's day, Pasch, All-hallow day, St. Luke's day, Mary-day or Marimas, St. James' day, Palm Sunday, Cayr Sunday, Low- Sunday, Mid-Sunday, Fasterennis-e'en, Yule ; and also those which are still in common use — Candlemas, Whitsunday, Lammas, and Martinmas. Of these, Yule is generally men- tioned only to have its observance denounced. It was not enough that the superstitious customs, which clung tena- ciously to it, should be given up ; but its devotees must on no account abstain from work on that day, that being a violation of the Sabbath, 6 quhilk only sould be kept haly day.' One mason had to promise that if no one employed him, he would ' wirk sum riggen-stanis of his awin.' Another craftsman tried to stir up opposition among his fellows, saying, that ' it becam nocht honest men to sit upon the penitent stule,' and that he was 'ane yowng man and saw Zwilday kepit halyday, and that the tyme may cum that he may see the like yit.' He was very bold, but a fortnight later offered ' to undirlye the correction quhatsumevir the ministerye wil injone to hym.' 3 Possibly this craftsman lived to see the tables turned, for forty-seven years afterwards Archbishop Spottiswoode wrote from St. Andrews : — 6 I know his Majesty will desire to hear of our observation of Christmas, which in this city was never better keeped, with great confluence of 1 Pp. 36, 41, 308. 2 Pp. 29, 302. — It is frequently called punishment in the Register ; but Rutherfurd objected to the use of that term. 'No medicine,' he said, 'is received unwillingly by wise men, and no medicine is a punishment.' See his Divine Right of Church Government and Excommunication, 1646, pp. 632, 633. 3 Pp. 387-390, 404- PREFACE. xlix people to church, and a generall cessation of people from work, our tailyour excepted, whom I caused punish for his contempt.' 1 It appears that 4 William Stewart, sumtyme Lioun King of Armes,' was tried and burned at St. Andrews, in 1569, for 4 witchcraft, nigromancye, and utheris crymes."' 2 And it is certain, that on the 28th day of April 1572, a witch was burned in St. Andrews. James Melville, who was an eye-wit- ness of her execution, says that Knox dealt against her from the pulpit, 4 sche being set upe at a pillar befor him 1 ; 3 and Richard Bannatyne preserves some details of the tragedy. 4 As there is no reference whatever to either case in the Register, they must have been tried before another tribunal, probably a civil court. The first trial for witchcraft before the session did not take place until the 18th of January 1575-6. Before next Wednesday the reputed witch and her husband fled, one witness testifying that the unhappy man had said, 4 that for hym self he durst byde, bot yit his wyffe feared, and thairfoir they durst not byde.' 5 She does not seem to have been in custody, nor did she appear before the session, and, so far as the Register shows, no attempt was made to capture her. In October 1581, Bessy Robertson was delated 'for nevir cuming to the kirk nor communioun, , and 'for witchcraft." It was ordained that she should be openly warned by the reader, 4 to compeir on Weddinsday nixt to ansuer befoir the sessioun. ,e With the warning she apparently did not comply, and no further action seems to have been taken in the matter. There were many other offences which were punishable by the magistrates as crimes, but of which the session took cognisance so far as the slander was concerned. Of these, references will be found in the Register to cases of murder,' 1 Gordon's Scotichronicon, i. 460. 2 Laing's Knox, vi. 692. 3 Melville's Diary, Wod. Soc. p. 58. 4 Bannatyne's Memoriales, Ban. Club, p. 233. 5 Pp. 414-416. c P. 455. ? P , 422 . d 1 PREFACE. slaughter, 1 blasphemy, 2 usury, 3 personal violence, 4 banning, and slandering. 6 The session was ever ready to help the weak or oppressed. Having heard that a child had been burned to death, the parents were called and rigorously examined ; 7 and so were the parents of a child that had been overlaid. 8 A young man, too, who it was supposed had been hardly used by his 4 gude-fathir," was called and questioned. 9 And a young woman, who had been forcibly abducted, applied to the Superintendent and session for such remedy as they £ mycht of Goddis law mak to hit. 1 10 The session had no hesitation in dealing with 'playaris at cairtis and dyce/ These were warned that future offences would necessitate their appearance on the penitent stool, and the infliction of a fine for behoof of the poor. 11 In those days there were several drunkards in St. Andrews, as it must be confessed there are still. One of these was charged in 1574 with his weakness, aggravated by working on Sabbath, and was 'admonesed to desist and ceas thairfra in tyme cuming, undir al hiest paine that the kirk may lay to his charge.' 12 This does not seem to have terrified him ; for, six months afterwards, it was resolved that if he should be again delated for drunkenness, he should sit upon the highest penitent stool, 6 witht ane paper about his head, and his fait writtin thair- intiL 1 And the general warning was added for sympathetic- sinners — ' This to strek upon al drunkatis." 13 The last-named punishment seems absurd enough, but it was not unprecedented. In 1564 a man, who had two years before contemned 'the ministerie of Cambe^ and had since been excommunicated, was ordered 4 to compeir 1 on the following 1 Pp. 439, 440. 2 Pp. 43, 44, 482. 3 P. 309. 4 Pp. 329, 447, 478. 5 Pp. 225, 343, 420. 6 Pp. 176, 399, 451. 7 p. 424. 8 P. 468. 9 P. 418. 10 P- 343- 11 Pp. 314, 432. — A curious obligation to abstain from cards, dice, chess, and tables for a year will be found in the Appendix to the Carte Monialium de Northberivic, Ban. Club. pp. 70, 71. 12 P. 403. 13 Pp. 409, 4io. PREFACE. li Sabbath, * at the kyrk of Carnbe ane hour befoyr the prechyn, and thar at the kyrk dur space foyrsayd stand in the jogis, wyth ane papar abowt his head, contenyng wryttyn tharupon, Behald the contempnar. And siclyik to stand in sum public place of the kyrk of Carnbe, wyth the paper abowt his head duryng the tym of the prechyng, and at the end tharof confes his offence,'' etc. 1 In 1579, an erring husband, who had grievously injured his wife, was condemned 4 to sitt down upone his kneis," in presence of the congregation, and, holding 4 his awin tung in his hand, 1 pronounce the words : — 4 Fals tung thow leid." 2 The commonest form of punishment inflicted was a more or less protracted appearance on the penitent stool, penitent seat, or stool of repentance, as it is called. One poor wretch is mentioned as having sat * bot ten Sui^ais^ and he was 6 yit to sit ten several Sundayis/ 3 That it was no commonplace stool, or anything resembling those still preserved in the parish church, is quite evident, from the references to the different elevations on which penitent sinners of the various classes had to sit. Once the phrase occurs, 4 the umest penitent stuil," 4 and again, 'the umest stuil of repentence 1 ; 5 and from these it might have been inferred that there were various stools of different heights ; but in other places these expressions are found, 4 the penitent stuill and mid gre thairof, 16 'the hieest of the penitentis saiet^ 7 6 the penitent stuill, in the adultraris place and gre," 8 and 4 the adultraris place of the penitent stuill/ 9 But with all its shame, the penitent stool could hardly be considered a punishment to some vile offenders, one of those already mentioned was admonished to 4 ascend and discend thairupone moderatlie/ 10 1 P. 229. 2 P. 441. — In 1610, a woman in Aberdeen was ordained to use similar words, but was not asked to hold her tongue while doing so {Ecclesiastical Records of Aberdeen, Spald. Club, p. 75). This and most of the other punishments, adopted in St. Andrews in particular cases, were inflicted in Aberdeen under ' certane actis and statutis' devised by Heriot and the session in 1562 {Ibid. pp. 5-12). 3 P. 402. 4 Pp. 409, 410. 5 P. 426. 6 P. 378. 7 P. 385. 8 P. 462. 9 Pp. 463, 476. 10 P. 441- Ill PREFACE. There are more than a dozen references to sackcloth as the special garb of the penitent, one to 4 the gown maid for adul- tereris, n and another to a penitent in linen clothes. 2 "Wealthy sinners would gladly have paid a pecuniary penalty to escape part of the humiliating public satisfaction ; but the General Assembly, in 1573, declared that c Na superintendent nor com- missioner, with advyse of any particular kirk of thair jurisdic- tioun, may dispence with the extremitie of sack-cloth prescryvit be the acts of the generall discipline, for any pecuniall sowme or paine ad pios asusS 3 In March 1563-4, an adulterer was ordered to pay a sum, not exceeding £10, for the poor, or 4 kyrk-work f 4 and next year a fine was imposed on two inces- tuous persons. 5 It is not said that the rigour of discipline was to be mitigated in consequence, and in the latter case it was certainly severe. Some kinds of transgressions were visited with pecuniary penalties over and above the regular satisfaction on the stool. These were fornication, 6 not revealing sin, 7 Sabbath-breaking, 8 being a Papist and maintainer of Papistry, 9 absence from com- munion and examination, 10 and slander. 11 In the last case the money thus exacted was to be devoted to 4 the commoun wark of this citie ; ' but generally all such penalties were destined for the poor. Besides these fines, men were ordered to 4 tocher 1 women they had wronged and would not marry, 12 and others were decerned to support their illegitimate offspring. 13 In August 1573, it was asked in the General Assembly : — 4 Whither if the Assembly may lawfully impone pecuniall pains to the committers of drunkenness, fornication, breach of the Sabbath, and such like, or not." It was answered : — 4 The Assembly ordains, That, anent fornication, and the breach of the Sabbath, the Acts of Parliament be putt in execution : as 1 P. 444. 2 P. 401. 4 P. 191. 5 P. 233. 8 Pp. 363, 421. 9 P. 333. 12 Pp. 186, 322, 358. 3 Bookeofthe Univ. Kirk, i. 284. 6 Pp. 232, 378. 7 P. 400. 10 Pp. 317, 409. 11 P. 45- 13 Pp. 304, 486. PREFACE. liii for drunkenness, They should give admonitions, which being- disobeyed, they shall be repelled from the table of the Lord ; yet magistrates may inflict a pecuniall pain for the same, while order be tane in Parliament.' 1 Imprisonment was also resorted to as a terror to evil-doers. In February 1568-9, Andro Alexander, alias Gossept Andro, was admonished by the Superintendent and seat that in future he should 4 suffer na opin cairting and dysyng, nycht walking and dry nking in his hows, under paine of excommunication and impresoning of his persoun.'' 2 In every other case, perhaps, where imprisonment is mentioned, it was to be inflicted for adultery or fornication. Others than citizens might be received to discipline for these sins, but were not liable to imprisonment ; they were sometimes asked, however, to remember the poor instead. 3 In April 1576, it was statute and ordained by the session 4 that fra this furtht that al transgressoris, sic as forni- catoris and adulteraris, be impresoned in the steple of the parroche kirk of this citie, thair to remain according to the ordour/ 4 Evidently solitary confinement in the steeple could only be secured by imprisoning one transgressor at a time. 5 In October 1577, the session was so well satisfied with the 4 gude service 1 of the beadle 4 in keping of the presoun hows, 1 that it was ordained that every one — man or woman — im- prisoned in future should pay him two shillings before they were released. 6 Yet mercy was mixed with judgment, for one woman, 4 in respect of the vehemensie of the storme,' was released in the midst of her term, caution being found that she would afterwards re-enter. 7 Banishment was adopted for some heinous offenders. In October 1562, a man was ordered to find cautioners, and to 1 Booke of the Univ. Kirk, i. 284. 2 Pp. 313, 314. 3 PP- 363, 477- 4 P. 41/. 5 Pp. 462, 463, 471, 484. In 1579 a couple of fornicators were ordered to enter into prison on the same day (p. 444), but that does not appear to have been tried again. 6 Pp. 427, 428. 7 R 466 . liv PREFACE. have the obligation entered in the Sheriff Books of Fife, that if he were again convicted of his sin he should be banished from the county for life. 1 And in March 1581-2, a woman was ordained to leave the parish within fifteen days ; and supplication was to be directed to the magistrates to that effect. 2 In March 1563-4, a confirmed harlot was condemned to 4 ane hour in the jogis 1 at the Market Cross. 3 Reference has already been made to a man suffering this punishment at Carnbee in ]574, 4 and to a baker's wife, who was threatened with it in 1576. 5 Still another form of punishment was behind all these. In 1574 a married woman who had 6 heavely sclanderit 1 a neigh- bour was warned that, if she did the like again, she should 8 sitt in the gok-stuil duryng the magistrates will/ 6 And, in 1576, a woman, who was outrageous to her husband, and did not attend the church, was threatened that if she repeated either offence she should 6 sit in the gok-stule xxiiij howris.' 7 That imprisonment, the most frequently inflicted of these punishments, was not regarded by the session as forming any part of ecclesiastical discipline is clearly implied in several passages, where entering into prison is distinguished from satisfying the church. 8 But the question naturally arises, If these penalties formed no part of church discipline, what right had the session to impose them ? Or, it may be asked, Were the civil and ecclesiastical jurisdictions confounded ? It might be answered that the church courts had no power to inflict such penalties ; and that, to a cursory reader, they apparently usurped civil authority. In the Second Bool: of Discipline the two jurisdictions are distinguished with great precision, and there are many incidental statements in this Register which show that from the very first the session recognised that civil punishments belonged to the civil magistrates. Offenders are 1 Pp. 173, 174- 2 p - 475- P- 191- 4 p - 22 9- 6 P. 343- 6 p - 399- : p - 420. 8 Pp. 358, 467. PREFACE. lv frequently committed, or remitted to the bailies for civil cor- rection ; 1 and in pronouncing sentence against an adulterer, whose crime was deemed worthy of death, it is expressly said of the magistrate, 6 to quhome we will that this our sentence prejudge nathing." 2 Supplications were sent to the magis- trates not only asking them to punish evil-doers for the civil aspect of their offences, 3 but for their disobedience to the session ; 4 or requesting them to cause the obstinate to submit to discipline ; 5 and the mere fact that the aid of the magis- trates had to be invoked shows that the session had no power to enforce civil pains. Long after this period, Principal Baillie, in reply to Bishop Maxwell, says : 6 No church- assembly in Scotland assumes the least degree of power to inflict the smallest civill punishment upon any person ; the Generall Assembly it selfe hath no power to fine any creature so much as in one groat : it is true the lawes of the land appoint pecuniary mulcts, imprisonment, joggs, pillories, and banishment for some odious crimes, 6 and the power of putting these laws in execution is placed by the Parliament in the hands of the inferiour magistrates in burroughs or shires, or of others to whom the Counsel Table gives a speciall commission for that end ; ordinarily some of these civill persons are ruling elders, and sit with the eldership : so when the eldership have cognosced upon the scandall alone of criminall persons, and have used their spiritual censures only to bring the party to repentance, some of the ruling elders, by vertue of their civill office or commission, will impose a mulct, or send to prison or stocks or banish out of the bounds of some little circuit/' Dr. M'Crie states that, in all instances recorded in The Buik of the Kirk of Canagait, where any civil penalty is added to the 1 Pp. 4i> 58, ISO, 168, 324, 374, 377, 478, and many others. 2 P. 60. :i Pp. 223, 247, 251, 315, 353, 423, 440. 4 Pp. 245, 448, 465> 467- 5 Pp- 138, 149, 373, 459- 6 See P- 45 1 > n. 7 Baillie's Historical Vindication, 1646, pp. 17, 18. See also Gillespie's Nihil Respondes, 1645, p. 24 ; and his Male Audis, 1646, pp. 43' 44- Ivi PREFACE. ecclesiastical, the expression is used — 4 the baillies assistane the assemblie of the kirke ordains, 1 &C. 1 If this distinction was always kept in view in the kirk-session of St. Andrews, the clerks have frequently failed to observe it; but injustice it must be added that, from the very beginning, there always appear to have been two or three bailies in the session ; and in one case at least their civil office was clearly recognised — 4 the Superintend- ent and ministerie committis the saidis Jhon Duncan and Bege Mychell in the handis of the baillies present, to be civile cor- reckit and punist.' 2 Still two stubborn facts remain — the transgressors were imprisoned, not in the tolbooth, but in the church-steeple ; and the jailer was not a town-officer, but the beadle. Many interesting references will be found in the Register to the dispensation of the sacraments, including the examination which preceded the Lord's Supper, and a very early notice of communion tokens ; to the care and relief of the poor ; to the repelling and receiving of witnesses and procurators ; to the length of sermons ; to fasting ; to the systematic visitation of the town ; and to the custom of taking caution. The names of ministers and readers too will be found who are not men- tioned in Scott's Fasti, nor probably elsewhere. Among the more interesting and prominent cases are those of John Bicarton, whose defection began by refusing to present his own child to baptism, and whose stubborn and outspoken defiance led to his excommunication ; of the aged Lady Lindsay who wished to marry again after her husband's death ; of her daughter, the widow of the gallant Norman Leslie, who married a Cupar merchant against the will of her parents, and kept his booth for him, but afterwards denied that she was his wife ; of Joanna Hepburn, a natural daughter of the Bishop of Moray, who was forced into a promise of marriage, but was released by the session ; and of Janet Wemyss, who wished to be divorced from Robert Boswell, and who threatened, in 1 M'Crie's Melville^ 1824, i. 474. 2 P. 141. PREFACE. Ivii presence of the session, ' to caus ding owt 1 all his 4 harnis," who was accompanied by a number of 'barronis, gen ty 11m en and frendis,"* and who afterwards, in connection with Mr. Jhon Dalglesh, gave the session ten times more trouble than before. The original Register is a foolscap folio containing 300 leaves, but four of the pages are blank. The 27th of October 1559 is the earliest date prefixed to an entry, and the last is the 7th of October 1600. David Spens had boldly written the title high on the first page, the list of office-bearers of 1559 on the second page, and then passed on to the third page. The space, which he reserved under the title for some preliminary entry, has been utilised by a later clerk. This part embraces the first 309 pages. The handwriting varies very much, some of the clerks writing a clear bold hand, others preferring letters almost microscopically small ; some have written very carefully, others very hurriedly. Few have made the slightest attempt at punctuation, and capitals are used in the most arbitrary manner. Some of the earlier scribes have tried to keep all the entries on each case together. Like many similar volumes it was long given up as lost, and it still bears traces of the neglect and bad usage to which it had been sub- jected, but is now safely preserved in the University Library. The process concerning Borthwick was printed from it, in the Bannatyne Miscellany, in 1827, under the care of Principal Lee ; and, under the same eye, nearly the whole of the other proceedings before August 1563, except the process of Forret and Leslie, were printed in the Maitland Miscellany in 1843. It has been thought necessary, however, for various reasons, to reproduce these proceedings here ; but throughout, the tran- script for the press has been made from the original, with which also, to ensure accuracy, the proofs have been very care- fully compared. In four cases some of the grosser details have been omitted, compressed, or modified. 1 More might have 1 Call and against Alexander (pp. 64, 66, 67, 69), Hyllok against Gyb (pp. 151- 155), the process against Forbes of Reres (p. 164), and Thomson against Downy Iviii PREFACE. been done in this way, but an anxious desire to preserve every- thing throwing light on the manners of the past, and on the forms of procedure in the session, coupled with the feel- ing that the passages so treated might have been considered coarser than they really are, forbade anything like wholesale condensation. To save useless repetition a few other passages have also been compressed. 1 In no case has any such liberty been taken with the text without due acknowledgment, nor has the name of any one been omitted. Deleted words, which seemed of the slightest importance, have been restored within brackets. Contracted words have been extended, and, for the reasons given by Hill Burton, 2 the inversion of 4 u,* 4 v, 1 and 6 w, 1 and of 'i, 1 and 'j, 1 have been corrected, 4 trT has been substi- tuted for 4 y ' when necessary, and 4 y ' for 4 z,' except in the names of persons and places. Otherwise the spelling has been rigidly adhered to. 3 In some parts of the Register, especially at the beginning and end, the outer edges of the leaves have been so frayed that the letters at the ends of the lines are completely gone, and occasionally the ends of the lines on the inner side of the page have been imprisoned by the binder ; these have been supplied within brackets, and so have a few letters, here and there, which have been quite worn out. When a word is re- quired to complete the sense, it is supplied in the text, but in brackets, and is marked in a footnote as 4 omitted.' In the earlier sheets evident blunders in the original are retained in the text with the addition of (sic), and where the meaning is obscure the proper reading is given below ; but, as the later scribes are more careless, it was deemed better to give the (p. 482). Of these the first three were thus dealt with the more readily as they are fully printed in the Maitland Miscellany ; and in the fourth only one clause has been omitted. 1 Pp. 44, 200, 201, 203, 370, 476. 2 Register of the Privy Council, vol. i. pp. xlviii-lii. 3 The first two syllables of minister have frequently been written with eight perpendicular strokes, as often perhaps with six ; but these and a few similar mistakes have been disregarded. The spelling of the original has not been rigorously followed in this Preface. PREFACE. lix correct reading in the text, and the erroneous in a footnote. Occasionally the paragraphs have been broken up. Most of the entries in the original have marginal notes, a few of which afford additional information ; nearly all are intended to facili- tate reference, some have been supplied by later clerks, and others are now added within brackets. It need hardly be explained that, during the period covered by this Register, the year began on the 25th of March, and the clerks have dated their entries accordingly ; yet, curiously enough, one passage seems to imply that popularly the year was held to begin on the 25th of December. All attempts to find any document, with the seal of the session or Superintendent, have hitherto been fruitless. An accurate idea of the handwriting of some portions of the original, and of the signatures of some of the priests who recanted, is furnished by the four facsimiles. The frontis- piece shows the present state of the tombstone of John Wynram, which lies in the floor of the roofless chapel of St. Leonard's College, and which has suffered much from exposure to the weather. When the chapel was cleared of rubbish in 1838, the stone was uncovered, and at that time the whole of the inscription was legible except two words. Round the border: — m • johani • wyxramo • cgenobiarcile • conversis • rebvs • FIFANORVM • EPISCOPO • ANN • JETATIS • SV.E • 90 • OCCVMBENTI • POSI- tvm • Above the shield: — [vita •] pietate • [insign]is • genere • AMPLA • PROPINQVIS • COXSILIO • NVNC • TVMVLI • REPPERIT • ACTA ■ modvm • Under the shield: — mvlta • cvm • deambvlaveris • de- MVM • REDEVNDVM • EST • HAC ■ CONDITIONE ■ INTRAVI • VT • EXIREM • 1 Dean Stanley was inclined to make merry over the 6 conversis rebus.'' 2 In conclusion, I have to express my indebtedness to Dr. 1 Grierson's Delineations of St. Andrews, 1838, pp. 251, 252 ; Lyon's Ancient Monuments of St. Andrews, 1847, fig. 7. 2 Stanley's Church of Scotland, 1872, p. 100; and his Addresses and Sermons at St. Andrews, 1877, p. 16. lx PREFACE. Mark Anderson for great and unwearied help ungrudgingly given, to Professor Mitchell for finally revising the Papal Dispensation, furnishing the notes on the Sancti Quatuor Coronati and on the two legates, and for several corrections, to Mr. William Aitken of the Madras College for much assistance, and to Mr. Law for many valuable suggestions. D. H. F. St. Andrews, 27^ December 1888. CORRECTIONS Page 5, n. line 2, for ii. read iii. 76, margin, for prebendaries read prebendaries. 99, line 12, for pocuis pocius. 160, ,, 10, for desposicionis raza 7 deposicionis. ,, 161, ,, Zif or desposicione read deposicione. 175, margin, for Mrio. read Mri. ,, 208, line 7, a/ter kyrk insert 1 . ,, 209, ,, 7 , after [sdlegis] insert 1 . ,, 224, margin, j^r Cyllok read Wyllok. ,, 313, line l\, for conten n read contenit in. ,, 318, ,, 2, for imparation read impanation. 362, 29, delete of. 369, n. line 6, for bee us raz^becaus. ,, 385, line 21, for de read die. 55 393> 5> 1 >y^ ;r lxiiij'" read lxxiiij^- LIBER REGISTRI ENORMIUM DELI CTORU M CORRECTORUM PER MINISTRUM SENIORES ET DIACONOS CONGREGATIONS CHRISTIANAE CIVITATIS SANCTT ANDREAE IBER RJEGISTM enormium delictorum cor- rectorum per ministrum seniores et diaconos congregationis Christianae civitatis Sancti Axdreae faeliciter incipit 1559. Amen, etc. Die xxv i0 - Julii anno Domini etc. Ix. The quhilk daye, the minister and eldaris, havand respect [statute of to the inlayk of almos, and multitud of misterfull to be helpit almos -l therwyth, and [also that] divers strangeris mackis requestis and producis byllis for support of the sayd almos, heyrfor divisis and statutis that in tym cuming na stranger be ansuerit of ony part of the sayd almos, in ony tym cuming, uther par- ticulate nor manifestly, bot negatyve ansuer to be gevyne indifFerentlie to all stranger. Die 1 Octobris, anno Domini, etc. Ixj. The quhilk daye, in the session of Superintendent and [Statute anent ministerie of Sanctandrfois], being present the Provest of the e^arisTnT ° f said cite, bailies and consayll, the Rector of [the] Universite, diaconis.] and cheif membris of the sam, for ordor to be takvn anent the [eleccion] of the eldaris and diaconis, thai have statut and assignit yearlie, 1 [in] tym cuming, the daye of eleccion to be upon the secund Frydaye efter [the] eleccion of the Provest and bailies, and to proceid in this ordor, [viz.,] the Rector of the Universite for the tym, wyth the avys of his consayll, [sal geve] in wryt the names of sex qualefeit men of the thre 1 According to the eighth head of the First Book of Discipline, elders and deacons ought to be elected yearly, ' least that by long continuance of suche officiaris, men presume upoun the libertie of the Churche.' A 9 REGISTER OF Collegis [to the] Provest, quhai, wyth the avyis of the con- say 11 of the town, sal [geve] ane sufficient n inner of the maist qualefiet men of the citie [also] in wryt, jonit wyth the personnis gevyn in to hym be the Rector, q[uhilk] salbe deliverit to the minister upone the Sun day e preceding the [daye] of eleccion, and salbe publest in the essemble, thai* namis an[d] daye of eleccion, according to the ordor. And upone the daye of eleccion, efter the prechyng at the minister lies used al detfu[ll] circumstancis requirit of his part, sal conveyn the Provest, bafllies], consayll, and communite of fre burgessis, togethyr wyth the Rector and [the] membris and regentis of the Universite, in the Towbuth, qfuhen], be thar mutuall consentis and eleccionis, the eldaris a[nd] diaconis salbe chosyn and elecced furth of the numer [gevyn] in wryt befoyr rehersed. According to the quhilk elleccion, follo[wis] eldaris and diaconis elecced : — Senior cs. [Eldaris and Mr. Jhon Dowglas, Rector 1 Mr. Martyn Gedde elected 1 in 1561.J Mr. Alan Lawmonth Mr. William Cok Mr. Jhon Rutherfurd, college 2 Jhon Moffat Thomas Martyne Mr. Robert Pont 4 Mr. James Wylkie, college 3 George Broun Mr. Thomas Balfoir Jhon Motto. 5 Jhon Wod 1 Douglas, who was a descendant of the Douglasses of Pittendreich, appears as a determinant in 15 15, being then in the second class of St. Leonard's with Wynram, Dunkanson, and Alesius. He was a licentiate in 151 7, and thirty years later was elected Provost of St. Mary's College. For twenty-three succes- sive years he was Rector of the University, and was appointed the first tulchan Archbishop of St. Andrews in 1571. Laing's Knox, i. 286 ; ii. 455. 2 Rutherfurd was Provost of St. Salvator's College. James Melvill (Diary, Wod. Soc, p. 27) characterises him as 'a man lernit in philosophic, bot invyus, corrupt.' See an account of him in M'Crie's Melville, 1824, ii. 367-371. 3 Wilkie, who succeeded Buchanan as Provost of St. Leonard's College in 1 570, is described by Melvill {Diary, p. 27) as ' aguid, peaceable, sweit auld man.' 4 The well-known Robert Pont. See VVodrow Miscellany, pp. 304-306 ; Brunton and Haig's Senators of the College of Justice, pp. 151-153 ; and Lee's Lectures, i. 230. 5 The Black Book of St. Andrews bears on its title-page that it was ' begun be Jhone Motto, commone clerk off the said cite,' in 1550. ST. ANDREWS KIRK SESSION. S Diaconi. Thomas Wolwod Charlis Guthre James Robertson Alexander Name Charlis Gedde George Blak William Zowll William Mayne. Adamus Heriot 1 minister ecclesiae parocMalls Sanctiandreae. Seniores. Magister Alanus Lawmonth Valterus Geddy Magister Thomas Balfowr Thomas Marty ne Joannes Martyne Joannes Motto Dauid Walwod [Dauid Carstaris erased] Magister Robertus Pont Joannes Moffat Georgius Browne [Alexander Smyth erased] Magister Martinus Gedde Joannes Wod. {Minister, seniores, et dia- coni,} anno Domini mille- simo quingen- tesimo qziinqzia- vesimo nono, etc. Diaconi. Thomas Walwod Alexander Name Magister Dauid Russall Vilelmus Mayne Magister Thomas Fermour Carolus Geddy Georgius Blak Dauid Spens. 1 Heriot, who had been an Augustinian canon in St. Andrews, was ' an eloquent preacher, and well seen in scholastic divinity. ' He was probably one of those canons who made 'notable confessiouns ' before the 23d of June 1559. I cannot find the precise date of his election or appointment as minister of St. Andrews, but he did not remain long here, for Knox, in recording the events of July 1560, says : ' Heirefter war the commissionaris of bruchis, with sum of the nobilitie and barronis, appoyntit to see the equall distributioun of ministeris, to change and transport as the maist pairt sould think expedient. And sua was Johne Knox appointit to Edinburgh ; Christopher Gudman, (quha the maist pairt of the trubillis had remanit in Ayre,) was appointit to Sanct- androis : Adame Heryot to Abirdene' (Laing's Knox, ii. 87). After labouring fourteen years at Aberdeen, Heriot died on the 28th of August 1574, 'greatly beloved of the citizens for his humane and courteous conversation, and of the poorer sort much lamented, to whom he was in his life very beneficial ' (Spottis- woode's History, Spot. Soc. ed., ii. 198). He appears to have retained the vicar- age of St. Andrews until his death ( Wodrozv Miscellany, p. 361). 4 REGISTER OF [Minister, senior es, et dia- coni,] anno Domini mille- simo quingen- tesimo sexa- gesimo. Crostqferus Gudman 1 minister ecclesie parochialis Sancti- andree in absentia Adami Heriot. Mr. Alanus Lawmonth Mr. Thomas Balfour Joannes Moffat Mr. Robertus Pont Mr. Wilelmus Cok Thomas Martyne Thomas Wolwod Alexander Name Carolus Gedde Seniores. Mr. Martinus Gedde Dauid Wolwod Joannes Wod Wilelmus Monepenny Joannes Motto. Diaconi. Wilelmus Mayne Georgius Blak Dauid Spens. [Eldaris and diaconis chosyn in 1562.] Cristoher Gudman minister. Eldaris the sexty twa. Mr. Jhon Dowglas, Rector Mr. Thomas Balfour, balie George Brown, balie Mr. James Wylkie Mr. Alan Lawmonth, citiner Mr. William Cok, citiner Mr. William Ramsay 2 Mr. William Scot Dauid Wolwod, citiner Thomas Wolwod, citiner James Robertson, citiner Johan Motto, citiner. William Zowill Charlis Gedde Robert Murray Wiliam Ferre Diaconis. George Blak Walter Mackesone Andro Motto Wyliam Mayne. 1 Goodman, who was a native of Chester, had been Knox's colleague at Geneva. As mentioned in the preceding note, he was appointed to St. Andrews in July 1 560. He was one of its representatives in the first General Assembly, and returned to England in 1565, where he died in 1601. See M'Crie's Knox, note III. 2 Ramsay was second principal master in St. Salvator's College. He was also admitted minister of Kilmany in 1564, and translated to Kemback before 1570 (Scott's Fasti, ii. 496). Richard Bannatyne says he was 'a learned and a guid man, but seducit be the Hammiltounes factione ' {Memoriales, Ban. Club, p. 259). See notice of him in M'Crie's Melville, ii. 371, 372. ST. ANDREWS KIRK SESSION. 5 Cristofer Gudman minister. Eldaris chosyn in the kyrk the lxiij year. Mr. Thomas Balfour Jhon Moffat Mr. Martyn Gedde James Robertson William Monepenny Jhon Motto. Mr. Jhon Dowglas George Brown, balie Mr. William Cok, balle Mr. William Ramsaye Mr. Alan Lawmonth Mr. James Wylke [Eldaris and diaconis chosyn in 1563. Charlis Gedde William Zowll George Blak William Ferre Diaconis. Thomas Dagles Alexander Rowch Alexander Myllar Thomas Greg. Veneris. The xxvij day of October, 1559. 1 Robert Roger, schip- Penitentia wrycht, cittiner of Sanctandrois, in presence of the congrega- Roger * tioun, in the paroche kirk of the said ciete than to heir Godis Word convenit, beand comprehendit ane oppin adulterar, declared himself penitent, of the forsaid cryme of adultery, to God and the said congregatioun, at the tyme of ten houris or therby, before none, the sermon beand endit, immediatlie, to the exemple of uthiris to commit nocht the lyke, at decrete of the minister and eldaris of the said citte, &c, gevin furth be thame ther upoun xxvj day of the said moneth. Jovis. Upoun the secund day of November, 1559, James Reky, Decrctum tailyeour, delatate to the minister and eldaris of this congrega- confra Reky - 1 This is the earliest dated entry in the volume. In the Maitland Miscellany, ii. 209, it is erroneously given as the 26th of October, and the same mistake has been made in lettering the back of the Register. Writing to Mrs. Anna Lock, from St. Andrews, on the 2d of the preceding month, Knox says : ' Christ Jesus is preached even in Edinburgh, and his blessed sacraments rightlie ministred in all congregatiouns where the ministrie is established ; and they be these : — Edinburgh, Sanct Andrewes, Dundie, Sanct Johnstoun, Brechin, Montrose, Stirline, Aire ' (Laing's Knox, vi. 78). 6 REGISTER OF tioun, for the manteyning and fostring of Margaret Edname, and ressate of William Rantoun, adultereris, in his howss, to the great and manifest sclander of the congregatioun. He lies confessit that the brute of ther adultery beand knawin to him, therefter, at desyre of the freindis of Margaret, he ressavit hir to buyrding in his hows, nevertheles tholeit and gaif place to Williame to repair oppinlie to his howss, to eit and drink, diverss tymes. And now, the wechtines of his offenss delatate to him, he is becumin penitent and obedient, and, as he was commandit, lies expellit Margaret fra his howss. Yit, becawse the sclander wes public to this congregatioun, and also to the intent that utheris tak nocht occasioun to fortife sic abominatioun, James is decerneit oppinlie to confess his fait, and to ask God and the congregatioun forgevens, an[d] to desist fra all sic in tyme cuming. Veneris. The thrid day of the forsaid November, the said Jame[s], in presence of the congregatioun gatherit in the paroche kir[k] to heir the sermon, declareit oppinlie himself penitent according to the said decreit. MercurU. Upoun the xxij day of November, 1559, William Rantoun, delat[ate] with Margaret Aidnam for the cryme of adultery, in presen[ce] of the congregatioun schew signe of repentence, oblysa[nd] him in tymes cuming, under all hyeast payne of correctio[un], to abstiene fra the elyke, &c. The tennour of the lettres conteynand the names of all them that are adjoynet to the congregatioun within this cietie. The letteris [o]f WE quhais names ar underwritten juness us in all thinges CongTegat^in 6 conforme to the Generall Band maid betuix the Lordis and Baronis of Congregatioun, at Edinburgh, the xiij day of Julii, anno, etc. lix, to the Congregatioun and memberis therof, to assist in mutuall support with the said Congregatioun, with our Penitetitia Reky. Penitentia Rantoun. ST. ANDREWS KIRK SESSION. 7 bodies, geir and force, for maynteyning of the trew religioun of Christe, and downe putting of all superstitioun and idolatrie, conforme to the said Band, quherof the tennour followis and is this : — WE QUHAIS names ar underwrittin, quhilkis lies sub- scrivit thir presentes with our handis, haifand respect to our dewties in setting fordwart the glorie of God, and knawand alswa that we are commandit to june ourselfis togiddir as memberis of ane body, for the furtherance of the samyn, dois, in the name of Christe Jesus, unite ourselfis, that we, in ane mynde and ane spirite, may endivour us, with our haill power and diligence, to walk fordwart in the waiis of the Lord, labor- ing to destroy and put downe all idolatrie, abhominationess, superstitioness, and quhatsumever thing dois exalte the self against the majestic of our God, and maynteyn and sett up the trew religioun of Christe, his Word and sacramentes, and alswa assist and defend the trew ministeris therof. And as we be sones of ane Father, parttakeris of ane Spirite, and heyris of ane kingdome, swa sail we maist hartlie, faythfullie and trewlie concur togiddir, nocht onlie in the materis of religioun, bot sail lykewise, at our utter poweris to the waring of our labouris, substance and lyves, assist, defend and maynteyne every ane ane uthir, against quhatsumever that troubles, per- sewis or invades us, or ony ane of us, in our lyves, landis, gudeis, heretageis, offices, benefices, pensiones, or uthir thinges quhat- sumever, praesentlie in our possessioness, or quhilkis justlie we possesset at the begynning of thir praesent trowblis for the reli- gioun, or ony uthir causs praetendit upoun religioun, or persewit under praetenss of the samyn. And, for observing of the pre- missis, we bind and obliss ourselfis, in the praesence of our God, of his Sone Jesus Christe, calling for the Haly Spirite to strenth us to performe the samyn. At Edinburgh the xiij of Julii, the yeir of God, j m v c fifty nyne yeris. 1 Quhilk band we approve in all pointtis, and adjoynis ourselfis for mutuall defenss to the haill adheraris therto. 1 Although both Knox and Calderwood have engrossed the Bands of Decem- ber 1557, May 1559, August 1559, April 1560, and September 1562, yet neither mentions this Band of July 1559 ; nor can I recall the slightest reference to it in the pages of any of their contemporaries. 8 REGISTER OF Followis the names. Patrick Lermonth of Darsy, Provest, 1 Maister Alane Law- month, Johne MufFatt, baillies ; Thomas Broun, George Brown, Thomas Marty ne, Dauid Carstaris, Johne Martyne, Maister Williame Cok, Johne Dalglesche, Mr. Martyne Gedde, Charles Guthere, Mr. Robert Pont, Henry Cairnes, Mr. Dauid Meldrum, Andro Meffen, Alexander Name, Johne Wode, eldar, James Robertsone, Patrick Knox, Williame Mayne, James Ruther- furde, Andro Motto, Williame Aidname, Robert Lermonth, Thomas Braidfute, Alexander Walcar, Andro Thomsone, Walter M c Kesone, Walter Lany, Dauid Spens, Johne Wod, youngar, Leonard Williamsone, Williame Pringill, Johne Symsone, mer- chand, Andro Wricht, Henry Balfour, Thome Aidname, Alex- ander Napar, William Giffard, Robert Hew, Williame Neche, Mr. Dauid Russall, Mr. William Skene, Johne Kembak, Mr. Richard Jacksone, James Ramsay, Johne Watson, Robert Murray, Alexander Nory, ester, Williame Zwle, James Browne, eldar, Thomas Meft'en, Archbald Mwre, Alexand[er] Brydy, Johne Wylie, Williame Dalglesche, James Gedde, William Rantoun, Andro Gudelawde, Johne Gudelawde, Johne Kowcace, Thomas Flemyng, Thomas Lockard, Walter Ade, Johne Broun, Dauid Gray, Thomas Leiche, Stephin Gibsone, Thomas Peblis, James Thomsone, yongar, Robert Sountar, George Legate, Robert Mwdy, Dauid Ba very ch, Andro Nicholsone, Dauid Smart, Robert Bruce, Alexander Smyth, Walter Gedde, Alane Mal- vill, James Brog, Robert Rayt, Robert Kilgour, Dauid Ade, 1 Patrick Learmonth's father, Sir James of Balcomie and Dairsie, was Provost of St. Andrews at the time of Beaton's assassination, and for many years pre- viously (Laing's Knox, i. 174). In the Black Book of St. Andrews, Patrick is mentioned as Provost so early as 1550. He sat in various Parliaments, includ- ing that of 1560, by which the Confession of Faith was ratified, and that of 1585, when he represented the burgh of St. Andrews {Acts of the Parliaments of Scotland, ii. 526 ; iii. 381). Queen Mary knighted him on the 8th of Febru- ary 1 56 1 -2, the marriage day of her brother, afterwards the Regent Moray {Diurnal of Occurrents, pp. 70, 71). He was one of those who were ' wardit in the Northland ' in the troublous year of 1565 {Register of Privy Council, i. 369, 405). In the MS. copy of Wyntoun's Cronykil preserved in the St. Andrews University Library, there is written at the bottom of a page in Book vi., chap. 137 — ' Patrik Lermontht of Dersy knycht this bouk pertines of ryfcht].' ST. ANDREWS KIRK SESSION. 9 Henry Duncansone, Henry Small, Henry Mwre, Johne Bicker- toun, Andro Moffat, smyth, Maister Thomas Gilcryste, James Brydy, Duncane Leche, Johne Blak, Andro Symsone, junior, James Gilrwfe, Thomas Branche, Charles Cuthbert, William Balfour, eldar, Williame Gedde, Alexander Kircaldy, Dauid Banis, James Clwny, Hugo Lockard, Dauid Bruce, Johne Brabanar, Jame[s] Steill, Duncane Dauidsone, Johne Smyth, maltman, Andro W r atso[ne], Alane Watsone, James Smyth, George Pate, Alexander Rudman, Alexander Millar, Andro Browne, Dauid Walwod, Mr. George M c Kesone, Mr. Johne Dalglesche, Williame Arthour, Alexande[r] Rowcht, Alexander Duncane, Dauid Zongar, James Reky, Andro Cromy, Williame Grenelaw, Dauid Bruce, William Lathangy, Williame Mychel- sone, Andro Kenzow, George Myllar, Thomas Hammyltoun, Charles Hagy, James Bet, Robert Wyle, Alane Dewar, James Broun, George Vteyne, Thomas Wilson e, merchand, Robert Law, Johne Cowpar, Williame Walcar, Alexande[r] Nory, eldar, Andro Smyth, Thomas Tailzeour, Johne Kelle, Henry Fayrfull, Alexander Ramsay, tailyeour, Sir Walter Bowsy, 1 Johne Syb- bald, James Myretoun, James Broun, junior, Maister Thomas Balfour, Johne Husband, James Bennett, Thomas Dicksone, Andro Moffat, baxtar, James Dudingstoun, Johne Henrysone, Williame Dewar, Robert Jacsone, Dauid Myles, Johne Russall, Williame Callendar, Johne Tailzeour, William Horsburgh, Williame Carstaris, Williame Swyne, 2 Andro Meffen, tail- yeour, Andro Monypenny, Williame Mories, youngar, Dauid Wawch, Thome Baxtar, James Alane, Andro Barclay, Peter Thomsone, Andro Trunblay, 3 Thome Reif, Thome Duncane, Patrick Smyth, Johne Scharp, Thome Lodean, Thome Cryste, Dauid Gudelawde, Williame Downy, Thorn Walcar, Sir Walter Lawsone, Mr. Johne Bonkle, Johne Meffen, Andro Grief, with my hand, Richard Bell, Andro Turnour, Williame and names Henrysone, Johne Walcar, Andro Lundy, Williame Herman, ad J' uned - & Dauid Rantoun, Thome Henrysone, Robert Crag, Williame Mortoun, Robert Dewar, Dauid Bell, Robert Dick, yongar, Johne Lokard, Thome Olyphant, Williame Wan, Williame 1 Sir Walter Bousey is mentioned in 1547 as procurator for the Choristery of St. Andrews {Abstract of the Writs of St. Andrews, No. 273). 2 Swinton. 3 Perhaps Trimblay. 10 REGISTER OF Layng, Johne Andersone, Andro Gibsone, Alexander Powtie, George Castaris, Thome Wilsone, George Hagy, Williame Cryste, Robert Swordy, Williame Dwne, Johne Wan, Johne Williamsone, Johne Moncur, Williame Rynd, Robert Peblis, Laurence Talzeour, Johne Zoung, Dauid Mortoun, Robert Fortoun, Sir Walter Mar, 1 Johne Moffet, Mr. Andro Wilsone, Johne Daijs, James Broun, Thome Dwry, James Sountar, Henry Wilsone, James Have, Alexander Walcar, George Crawfurde, Mr. Thomas Paty, Robert Dick, eldar, Thome Broun, Andro Symsone, eldar, Williame Bell, eldar, Michaell Smyth, Alex- ander Wat, Thomas Wilsone, George Saige, Mr. Johne Homyll, Johne Kembak, Symone Millar, Andro Forrett, George Stevinsone, Dauid Millar, Dauid Wilsone, Andro Forrett, junior, Williame Balfour, junior, Henry Millar, Johne Blak, Dauid Mories, Johne Dalglesche, Andro Coleyne, Williame Heriott, James Logy, Thome Broun, Thorn Wemys, Andro Symsone, Mr. Thomas Bell, Mr. Thomas Fermour, Thomas Lyell, George Philp, James Myllar, Dauid Watsone, Walter Bawne, George Blak, Mr. Andro Inche, Richard Robertsone, Alane Rayt, Robert Roger, Robert Mayne, Alexander Daijs, Thorn Wod, Johne Small, Alexander Murray, Williame Tailzeour, Dauid Cowper, Thome Broun, James Crawfurde, Thome Banys, Mr. James Walcar, Thome Wemys, Henry Dempstar, Hugo Mows, Mr. George Nycholsone, Mr. Dauid Wod, Johne Thomesone, Robert Criste, Alexander Ade, Charles Gundy, Henry Braid- futt, Johne Favrfull, Johne Tray 11, Ambrose Schevez, Williame Stevinsone, James Zong, Thomas Walwod, Williame Mylne, &c. [Chapianes Die tertio Febnmrii, anno lix, comperis thir chaplanes efter adjo a ynet S to the wl 'ittin of there awin fre motyve willis (the professioun abone congregatioun. writtin being red in there praesence) ratifies the samyn, and 1 Sir Walter Marr was a presbyter in 1548 ; and, as chaplain of the altar of St. Katharine in the parish church of St. Andrews, in 1556, he mortified a tenement and several annual rents and feus to his brethren the chaplains and choristers, for the performance of certain masses, which if they failed to cele- brate regularly, the revenue was to be divided among citizens who had fallen back in their circumstances, but had not spent their me?ns in bad management, gluttony, or drunkenness {Abstract of the Writs of St. Andrezvs, Nos. 128, 106). ST. ANDREWS KIRK SESSION. 11 singularlie. be themselfis, adjoynis them to the congregatioun, affirmes the doctryne presentlie techet in this cietie, and daiis bypast sen Witsounday, to be Goddis trew Word, renunceis all idolatrie, superstitioun, the mes, the Paip, and all his tradi- tiones, and professis the administratioun of the sacramentis as thei ar taucht and practiset be the ministeris to be conform e to Goddis Word. And in witnes of that professioun forsaid hes consentit that ther names be under wryttin as the same hed bevne subscrivit be there awin handis. Folio wis the names of the priestis. Robert Smyth, Mr. Johne Todrick, Thomas Dur ward, Thomas Braidfute, Johne Thomsone, elder, Henry Guling, Dauid Frostar, John Zoung, junior, Robert Dauidsone, junior, Johne Thomsone, junior. Eollowis certane names of uthir priestis quhai wes [Uthir priestis adjoynet efter the forsaid. ad^oynefj Joannes Balfour, Hugo Bontaveroun, Joannes Broun, Rober- tus Marschell, Thomas Wemys, Joannes Thomsone, James Symsone, Andro Baxtar. Followis certane laymen names ad j unit to the Con- [Certane lay- gregatioun efter the forsaid. SSrtlfo* Johne Mortoun, James Thomsone, James Lyell, Johne Sald '~' Wodcok, Alexander Gibsone, Patrick Ramsay, with my hand, Alexander Dempstertoun, Dauid Dempstertoun, Mr. Alex- ander Sybbald. I, Johne Wilsone, umquhile channoun of Halyrudehows, The reeama- presentlie renunceis, and from thence furth sail utterlie renunce, jhone Wilsoun refuse and forsaik, the Bischop of Rome, callet the Rape, his ^^mlrtin^ authorite, power and jurisdictioun. And I sail never consent the Paroche ^ nor aggree that that lecherouss swyne the Byschop of Rome androis, upoun (quhai hais rutet up the Lordis vyneyard sa far as in him was) Sounda > the 12 REGISTER OF [blank'] day of Februar 1559, in presence of the Admirall and Vice-ad (sic) admirall of England. 1 sail practise, or exerce, or haif ony maner of authorite, j uris- dictioun, or power, within Christes Kirk heir in this realme, or ellisquhare ; bott sail resist the samyn at all tymes, to the uttermast of my power. An[d] alls I renunce and refuss all maner of idolatrie, superstitioun and hypocrisie, and espetiall the mess, as maist abhominable idolatrie, contrarious and repug- nant to Christes dead and passioun. And als, I renunce all veneratioun of sanctes and purgatorie repugnant t[o] the samyn, and frome thencefurth will onlie accept and repute Jesus Christe, the Sone of the leving God, the Redemar of me and all mankynde frome syn, hell, dead and damnatioun, to be the onlie head, rewlar, and gydar of his Kirk, alss weill militant as triumphant. And to my cuning, wit, and uttermast of my power, without hypocrisie or dissimulatioun, I will observe keip and mavnteyne the hale effectis and contentis of the New and Auld Testament, as the onelie rewle to atteyne to salva- tioun, to avance the glore of Gode, and to the extirpatioun and extinguissing of the Antichristes authorite. And attour, I abhor and detestis all veneratioufn] of idollis and imagies, and all traditiones of men sett owt to thirle the consciences of Goddis people aganis his holy lawes. And this I wil[l] do aganis all maner of persones of [quhat] 2 state, dignite, degre or conditio[un], they be of. And I protest, in presence of God and of this his congregatioun, that I sail never, fra this tyme furth, practise or exerce, oppinlie or privatelie, say, do, speak, or be ony uthir meane consent to the injust and usurpet power of the Antichriste of Romme, be ony maner of pretenss. And in 1 It was while a body of French troops were marching, in the midst of a snow-storm, by the Fife coast, to St. Andrews, that the first eight ships of the English fleet, under William Winter, arrived in the Forth on the 22d of January I 559"6o. On learning their nationality, the French hurriedly retired by Stirling to Leith. In Queen Elizabeth's instructions to Winter he is called ' Master of the Ordnance of her Majesty's Admiralty ' (Keith's History, Spot. Soc, i. 408). But in Thorpe's Calendar of State Papers, and elsewhere, he is frequently designated Admiral Winter. Knox says he was 1 a man of great honestie, sua far as ever we could espy of him ' (Laing's Knox, ii. 56). 'The English men landed for their refreshment. Especially in Fyfe they were thankfully receaved and well entreated, with such quietnes and gentle entertainement betwixt our nation and them, as no man would have thought that ever there had beine any variance ' ( Wodrow Miscellany, p. 78). 2 Omitted. ST. ANDREWS KIRK SESSION. 13 caiss ony [aith or promise] 1 be maid, or lies beyne maid, be me, to ony persone or persones, in maynteynance, defens or favour of the Pape of Romme, that innimye to Christe, or his authorite, I repute, takis and haldis the samyn as vayne, and of nane effect, strenth nor force, sa help me God throwch Jesus Christfe]. And heir, in presence of God and this his congregatioun, I confessis and granttis that I half faltet greatlie aganis God and his said congregatioun, in thocht, worde and deid, and spetialie in blasphemows wordis, for the quhilkis I ask God mercie, and the haill congregatioun forgivenes, for Christes saik. Followis the subscriptioun, Johne Wilsone abone writtin with my hand. We confess with our hart unfenyeatlie, withowt ony respect Sounday the to particular profict, movet alanarlie be the feare of God and Februar da i559, his Word, that we haif ower lang abstractit ourselfis, and beyne re ? antet lhl J 9 & t . pnestes under- sweir in adjuning us to Christes Congregatioun, setting furth writtin, &c. his honour and glorie, of the quhilkis we ask God mercie and this congregatioun [forgivenes]. 1 Item, we hartlie renunce the Pape, quhai is the verray Antichriste and suppressour of Godis glorie, with all diabolic inventioneis as be purgatorie, the mess, invocatioun of Sanctis and prayaris to them, worschipping of images, prayeris in strange language, and multipliing of them to certane numer, and all ceremonies useit in Papistrie, as be hallowing of candellis, watter, salt, and bread, with all there conjurationes ; and, fmalie, all authorite asweill of the wicked Paip as uthiris that suppressis Goddis law and stoppis his Word, and planelie maynteynes idolatouris and idolatrie, with all lawes and traditioness, inventiones of men maid to bind and thrall mennis consciences ; and promiseis, in tyme cuming, to assist in word and wark, with unfenyiet mynde, this congrega- tioun efter our powar, and never to contaminate ourselfis with the forsaidis idolatrfie] and superstitiones, nothir for profict nor feer. And we haif contrare our consciences, Goddis gloir and his Word, grevouslie offendet in thir forsaidis. We ask God and his holy congregatioun mercie, &c. 1 Omitted. 14 REGISTER OF Folio wis the names of them quhai recantet. Robertus Smyth, maim propria :, M. Joannes Toddrick, Thomas Durward, Johne Zoung, Dauid Frostar, Jolme Thomsone, eldar, Henry Gwling, Jacobus Lyell, Thomas Braidfute, Robertus Dauidsone, junior, Walter Bowsy, Adame Gibsone, Magister Joannes Browne, maim propria s\cripsit\ Alexander Lowsoan. Sounday, the 10 of Marche, 1559, recanted thir priestes under-writtin, &c. We, quhais names ar under writtin, presentlie renunceis fra thyne furth, and sail utterlie renunce, refuse and forsaik the Bischop of Romme, called the Paip, his cursed and usurped authorite, power and jurisdictioun, opinioun, traditioneiss, and lawes, and in spetiall the law of him quhilk saiis, that it behuiffes us to trow in the Kirk of Romme as nedefull to our salvatioun ; and we sail never consent, assent, nor aggree, that that odiouse beast and lechorouss swyne (quhai hais worted and ruted up the Lordes vyneyard sa far as in him was) sail practise, or exerce, or haif ony maner of authorite, jurisdictioun or power, within the Kirk of Christe, heyr in this realme or ellisquhare. And als, we renunce and refuse all maner of idolatrie, superstitioun and hypocrisie, and espetiall the mess, as maist abhominable idolatrie, contrarious and repugnant to Christes death and passioun. And als, we renunce and refuse all veneratioun or worschipping of sanctes, and purgatorie, contrare and repugnant to the to the (sic) samyn ; and frome thyne furth will onlie accept and repute Jesus Christe, the Soone of the aeternall and everliving God, the Redemar of us and all mankynde frome syn, hell, death and damnatioun, to be onlie the hiead, rewlar and guidar of his Kirk, als well militant as triumphant. And to our cuning, witt and uttermaste of our powar, without hypocrisie, or dissimulatioun, or regard haiffing to ony eardlie respect, bott of onlie lufFe favour affec- tioun and zeale to the glorie of God and his aeternall veritie uttered to us in the bluide of Christe Jesus, we sail observe, keip and maynteyne, the haill effectes and contentis of the New and Auld Testament, as the onlie rewle to attaine to salvatioun, to avance the glorie of God, and to the extirpatioun and extinguissing of the kingdome and authoritie of the Anti- christe ; and attour, abhorres and detestis all veneratioun of ST. ANDREWS KIRK SESSION. 15 idoles, images, and all traditions of men sett owt to thirle the consciences of Goddis people aganis his holy lawes. And this we will do aganis all maner of personeis, of quhat estate, dignitie, degree, conditioim, thei be of. And protestes, in prae- sence of God and of his heir gathered congregatioun, that we sail never, fra this tyme forth, practise or exerce, oppinlie or privatlie, say, do, speak, or by ony maner of way consent, to the injust and usurpet powar of the maist odiowse and execra- bill Antichriste of Romme, by ony maner of praetenss. And in caiss ony aith or promise be maid, or hais beyne maid be us, to ony persone or persones, in maynteynanfce], defenss, or favour of the Paip or Bischop of Romme, that inimye to Chrisfte], or his authoritie, we repute, takis and haldis the samyn as vane, and of nane effect, strenth nor force. Sa help us God throwch Jesus Christ e. And heir, in praesence of God and this congregatioun, we confess and granttis that, in sa far as we haif falted aganis God, his ministeris of his Kirk, and his said congregatioun, in thocht word and deed, spetialie in blasphemows wordes, for the quhilkis, we ask God mercie and the hale congregatioun forgivenes, for Jesus Christes saik, &c. Followis the names. Joannes Balfour, manu sua scripsit, Hugo Bontaveron, Joannes Broun, subscripsit, Robertus Marscheall, subscripsit, Thomas Wemys, manu sua, Joannes Thomsoun, manu propria, James Symsone, Andro Watsone, with my hand, Andro Baxter, with my hand, Thomas Smyth, Alexander Balfour, vicarius de KU- many? Magister Joannes Lawmonth, manu propria. The IT day of September, anno 1567 yeiris, this onder scription wes mayd in this assemblye. Johannes Kinloqwhye manu propria scripsit. Thomas Kynneir, with my hand. xv t0 Octobris, 1567, Thomas Kinneir subscrivit. 2 The xiij day of March, anno etc. I nono, I Maister Niniane Cwke affirmes all the premissis teste manu propria etc. 1 This had originally been written, ' vicar of Kilmany.' 2 These entries of the 17th September and 15th October 1567 have been 16 REGISTER OF Followes the rectantatioun of Freire Gresone, 1 Priour Provintiall Generall of all the freris Pre- dicatouris in Scotland, be him playnlie, in the faice of the congregatioun, within the paroche kirk of Sanetandrois, day and yeir forsaid, maid. The recama- Heir, in presence of almiehtv and everlivin£ God and of this tioun of Freir A . J » 1 • Gresone, and holy congregatioun, 1 grant and confess, that in tyme bypast, afterwards inserted at the bottom of the page, and they contain the first auto- graph signatures in the volume. Kinloqwhye has written, 1 Johannes Kinlo- qwhye manu propria scripsitj and Kynneir, ' Thomas Kynneir, with my hand.' The clerk has written the rest. 1 Griersoun or Gresone was Prior of the Predicant Friars at Aberdeen in 1516, and was reckoned ' one of the men of learning and piety who adorned the early years of the University of that city ' {Liber Collegii Nostre Domine, Mait. Club, p. liii. ). He was Prior of the convent at St. Andrews in 15 17 {Register of the Great Seal, iii., No. 229). That Register, and the Abstract of Writs of the City of St. Andrews, show that Dempster is rather under than over the mark in saying that he was Provincial of the Order in Scotland for thirty years. He was in the Provincial Council of 1549 (Robertson's Concilia Scotiae, ii. 84). Foxe includes him among the persecutors of Patrick Hamilton, the proto-martyr of the Scottish Reformation ; and also names him in the concilitim malignantium convened against Walter Mille, the last Protestant martyr in Scotland (Cattley's Foxe, iv. 558 ; v. 645). He must therefore have been an old man when he made this recantation. Knox preached his famous sermon, on the ejection of the buyers and sellers from the temple, in St. Andrews, on the nth of June 1 559, and occupied the pulpit on the three following days. The reforma- tion of the city apparently began on the nth (Laing's Knox, i. 349, with vi. 25, and Wodrow Miscellany, p. 60), when the churches were ' purged ' of their altars and images, and the monasteries of the Black and Grey Friars were destroyed. The Abstract of Writs, No. 41, shows that on the 21st of June — only ten days afterwards — Gresone, with consent of the Prior and Order in St. Andrews, disposed of the yard of the monastery to William Morrice, citizen, his two sons, William and Andrew, George Swine in Methel, and John Bickerton in St. Andrews, for their gratitude and many services per- formed to the friars, and for paying them a certain sum of money after they were expelled from their monastery and the same destroyed. It was to be held of the Prior and Convent for the yearly feu of fifteen merks, and was not to be sold without their consent. From the same Abstract of Writs, No. 44, it further appears that, on the 1st of August 1559, Gresone, as Provincial, trans- ferred an annual rent, which had been founded for the Order at St. Monans, to the heirs of the donor, because religion had ceased in the kingdom. At the sale of the Osterley Park library, the University of St. Andrews secured a copy of Major's Historia, with Gresoun's name boldly inscribed in two places. According to Dempster he lived until 1564 {Historia Ecclesiastica, Ban. Club, i. 33°)- Sounday the xvij day of Marche 1559. ST. ANDREWS KIRK SESSION. 17 I haif maynteynet and defendet diver[se] kyndes of supersti- Provintiall of tioun and idolatrie, by 1 the lawes and ordinances of almichty dicatouris in God, and hais remanet ower lang at the opinioun and defens Scotland > &c - of sick thinges ; and repentis the samyn fra the bodowme of my hart ; and is content, in tyme to cum, to institfut] and con- forme my lyfe to the Word and doctryne of the aeternall God, set furt[h], explicate and declared be his prophetes, and the apostolis of our onlie Salvio[ur] Christe Jesu, in the Auld Testament and the New ; and thinkes that the Kirk and Con- gregatioun of God may be sufficientlie instructit to inchew syn, dead, and hel[l], and quhow they may cum to everlesting lyfe, be they thingis quhilkis ar reveled to us, be the Haly Gaist, in New and Auld Testament ; and therfore I reject, renunceis and abhorris all uthiris doctrynes and traditiones of men, quhilkis are contrarious to Goddis haly Word, and is set owt to thirle mennes consciences, to obliss them under the payne of deadlie syn. And in spetiall, I renunce the Pape to be head of the Kirk,, and als, I renunfce] him, and all his traditiones and lawes repugnant in ony sort, or makand dirogatioun, to Goddis lawes or libertie of the samyn. Item, I renunce the mess as it hais beyne uset in tymes bypast, and the fenyiet and inventet purgatorie, as pestiferous and blaspheming thingis, and as contrarious thinges to the merites, dead, passioun, and omnisufficient sacrifice offered upoun the croce, be our Salviour Christe for the redemptioun of mankynde. Item, I grant that na graven image suld be maid and wor- schippet in the Kirk of God, and that na honour suld be gevin therto, and that all exhibitioun of sick honour, exhibite, or to be exhibite, to sick stokkis or stanes, is verray idolatrie, and against the expres command of God. Item, I grant that we haif na command of God biddand us pray to ony Sanctis at 2 are departet, bott onlie to him quhai is Sanct of all sanct[is] viz. Christe Jesu, our onlie Salviour, Mediatour, and Advocate, everlevand, and perpetualie makand intercessioun to his Father, for all his faithfull people and 1 Against. 2 That. 18 REGISTER OF membiris of his body. And siclyke, I grant that we haif na command to pray for them that are departet. Item, as I grant that to them that hais the gift of chastitie it is gude and godlie to lief in chastitie, evin sa I grant, according to Sanct Paules doctryne, that it is lauchfull to all men and wemen to mar[y] quhai hais nocht the gift of chastitie, nocht- withstanding ony vow maid to the contrary ; bott give thei be vexed and urnet with ustioun 1 and urgent appetites of the flesche, they ar bound be the commandement of the apostle to mary. Item, I deny all transsubstantiatioun in the sacrament of the body and blude of our Salviour Christe Jesu ; and, that auri- culare confessioun is necessar for the salvatioun of man. Thir forsaid, and all uthiris ungodlie opinioness and inventes of men, quhilkis ar contrariowss to God and his holy Word, I detest, abhor, and renunceis, for now and ever. And of my lang adherence to the samyn, I ask God mercie, and this his haly congregatioun forgivenes, &c. &c. Followis the tennour of the subscriptioun, Frater J ohannes Gresone manu propria. Followis the proces betuix Williame Rantoun and Elizabeth Geddy his spows, in the quhilk Williame persewes Elizabeth of divorce for, be him against hir allegeat, adultery as the process conteynes, &c. Abone paroche kirk dur. Rantoun Primo Februarii, 1 559. The quhilk day, Williame Rantoun gaif in ane petitioun of divorce against Elizabeth Gedde. The minister and eldaris sett to ansuer therto this day fyvetene daiis, and ordeinet the said Elizabeth to be warnet therto, agane the said day. Gedde Decimo (panto Februarii, 1559, loco predict l o. In the caus of divorce betuix Williame Rantoun and Elizabeth Gedde, in the Tortured with burning. ST. ANDREWS KIRK SESSION. 19 terme statut to ansuer to the said Williames petitioun, com- pered Elizabeth, and gaif ane ansuer conteynand in effect that sche purgeit hir, and deniit his clame and petitioun. And the process, ministeris and eldaris lies statute Williame to prieve his clame, and bring his witnes, and he and Elizabeth warned therto, the twenty ane day of this instant moneth of Februar. Followis the tennour of Williame Rantones clame, and Elizabeth Geddeis ansuer therto. Unto your m. faithfull minister and eldaris of this cietie of Sanctandrois, and your assessouris, humelie menes and schawes Williame Ranto[un],citiner of the said cietie, that quhare, at the plesour of God, I, the said Williame, mariet and tuke to wyfe Elizabeth Gedde, in the moneth of September, in the yeir of God, &c. xlviii yeris, and, conforme to the samyn band, did my devour and dewtie to triet and intertiney hir, according baith to Goddis law and manness, untill the tyme that, incontrare Goddis law and the sai[d] band, the said Elizabeth, nocht onlie defowlyiet my bed in the abhominabill sy[n] of adultery, with Andro Olyphant and uthiris diverss, in the moneth of Novem- ber,] the yeir of God, &c. fifty sevin yeiris, bott alswa therefter, proceding to forthir malice and abhominatioun, hes conspiret cruellie and ungodlie my dead, murder, and destructioun, with parttaikaris and complices of adultery. Beseikand your m. Rantoun ansuer heirintill, to tak cognitioun in the said mater, for setting fordwart of Goddis Word and law, the premissis, sa far as neid beis, beand sufficientlie provin, to decerne the said Elizabeth to haif brokin and violatet the said band of matrimony betuix me and hir, and, conforme to the law of God, that I therfore aucht and suld be fre fra the samyn band, and that I may haif fredome and libertie in God to mary in the Lord quhome I please, according to Goddis law Christes Evangell and the richtuousnes therof, and yo[ur] m. ansuer humelie I beseik &c. Followis the tennour of Elizabeth Geddies ansuer. Gedde Ye are nocht ignorant (maist honorabill ministre and coun- sale of this cietie) of the contryvet accusationes, presentate to 20 REGISTER OF your wisedomes in wryte, be my husband Williame Rantoun, be the quhilkis he alleages that, till I had plaiit the harlot, he entrietet me accordinglie. He proceades specifieng the yeir process. and moneth, yea and names ane amanges mony uthiris, with quhome he alleages I defyled his bed ; and, nocht content to have farcet 1 his letter with thir maist manifest lies, he con- tinewes accusing me to haif conspyret his dead. I pray your wisedomes maist honorabill ministre and counsale (according to his desyre) to tak cognitioun in the mater, and gif his accu- sationess be provin of trewth, be famose and honest men, then I pray your wysdomes, nocht onlie to condescend to the divorce- ment (quhilk he maist earnestlie wisches), bot also mak me suffer sick punischement as his oppin and manifest adulter[y] hes deserved, and daylie dois deserve. To oppin the mater to your wisedomes, he wald that I suld justlie purches that thing quhilk he wranguiselie procures ; bott, I am nocht deliberate to do swa, althocht the greatnes of his offenss, first to God and to his Kirk, secundarlie towardes me, dois merite no les. To importune your wysdomes with langar wryting wer superfluos, therfore referring the haill mater to the tryall, and to your discretiones, I pray the aeternall God to mak yow the instru- ment of ane mutuall lufe betuix my husband and me. Your wisedomes maist humil and obedient oratrice, Elizabeth Gedde, &c. Ultimo Februarii, 1559. In the causs of divorce betuix Williame Rantoun and Elizabeth Gedde, as ane terme to Williame to prief his clame, the causs being suscitate at the actes in presence of parties, to preif, as said is, the actioun be Williame : in the quhilk terme compered Williame, and pro- duceit Thomas Myretoun, Bege Grahame, Alexander Rudeman, Andro Symsone, Robert Craig; and' 2 [produceit] 3 Jonet Watsone subornate and seducet be Williame, and the[n] repellet — be 1 Stuffed. - Here two blank leaves have been inserted by the binder. In the Maitland Miscellany (iii. 224-226) the next leaf has been reversed. 3 The upper part of this word has been cut off by the binder. ST. ANDREWS KIRK SESSION. 21 hir awin confessioun maid be hir in Williames presence — be the judges. And the judges decernes Margaret Moncur, in [Rantoun] A[n]struthir, Agnes Lessellis, in Fawkland, and Margaret Steyn, in the Erlisferry, to be summond, and Andro Baxtar, against this day fyvetene daiis ; and decernes ^ttres of summondis, at the instance of the [said] Williame, in presence of Elizabeth, warnet bayth to that day. Followes the depositioness of witnes, produced the day forsaid, examinate in Sanctleonardes Scoole. Thomas Myretoun, cietiner of Sanctandrois, baxtar, examin- Gedde ate in the causs forsaid, upoun the pointtis of Williames libel- late bill, the deponar beand admittet, sworne, and ressavit, be his great aith sworne, depones that he knawis nathing in the causs of adultery, nor of the crymes conteynet in the clame, except that in December twa yeirfis] bypast, or therby, the deponar remembyris in the said Williames awin howss, quhare James Rutherfurde dwelles instantlie,that he and his wyfe wes wrasland togiddir, and in the meyntyme that sche bait him in the arme, quhilk he belevis wes nocht of malice, Margaret Lawsone beand present in the chalmer, plus ?iescit, etc. Andro Symsone, dwelling in the Sowthgait r be west the kirk, process, ane maltman, examinate upoun his aith, depones that he knawis nathing in the mater or caus, except that he seis Alexander Rudeman haunt to the hows of Elizabeth Gedde, eatand, drinkand, and quhiles sowpand, plus nescit, etc. Robert Craig, dwelling nixt nichtbour to Elizabeth Gedde, knawis na thing of the crymes conteynet in the bill. &c. Margaret alias Bege Grahame, examinate betuix Williame Ranto[un] and his wife, knawis nathing, except sche saw Andro Olyphfant] cast his cloyk abowte Elizabeth Gedde, and kis hir, upoun [hir] awin stayr, dwelland than quhare James Ruther- furde [dwelles], and that thre yeris bigane, or therby : sche knawis na fofrther] of the crymes conteynet in the bill, &c. Alexander Rudeman coujbrrnis est Roberto Craig i[n omnibus]. 1 1 Two corners of this leaf— an inner and an outer — have been torn off, but the probable words are here supplied in brackets. 22 REGISTER OF Decimo quarto Marcii, 1559. In the actioun and causs [of divorce moved] be Williame Rantoun against Elizabeth Gedde, as [ane term to] Williame assignet, for forther probatioun of h[is clame and to mak] diligence for Margaret Moncur, in Anstruthir, Afgnes Lessellis, in] Fawkland, and Margaret Steyn, in Erlisfefrry : in quhilk terme] Williame produceit the saidis Margaret S[teyn, Agnes Lessellis,] and Margaret Moncur, quhilk Margaret [wes allegit be Elizabeth] to be ane kynniswoman to William &c. The [judges decernis Andro] Baxtar to be ressavit on Setterday n[ixtocum the xvj of Marche] at twa efter none. Parties war[neit to the said day.] Followis the tenno[ur] of the summondis [quhairby the witnes] expressed in the act precedent wes su[m- mond.] Rantoun, The ministre, eldaris, and diacons, of the Christiane congre- e, process. g a |.p oun Q f -j-j ie j p ar0 che of Sanctandrois, to all ministeris, eldaris, and diacons, of [the Christiane] congregatioun of Ans- truthir, and Fawkland, to quhais knawleages thir [present] litteris sail come, be grace, mercie, and peace fra God our Father, and the Lo[rd] Jesus Christe ; requyreing yow, in the name of the eternall God, and of his Soone, Jesus Christe our Lord, for mutuall societie and company to be nuriset amangst us, as becummis brethren, the membyris of Christes Body, as perchaunce it sal happin yow in the elyke caiss requyre us, for sercheing furth of the veritie, to the maynteynance of virtew, and extinguissing of vice, for avancement and upsetting of the kingdome and glorie of God, to quhome onlie be all prayse, honour, triumphe, and glorie for ever. So be it. That ye summond warne and charge Margaret Moncur, in Anstruthir, Agnes Lessellis, in Fawkland, Margaret Steyn, in Erlisferry, and Andro Baxtar, to compere before us, in the Scoole of Sanct Leonardis College, within the cietie of Sanctandrois, the fourtene day of this instant moneth of Marche, at twa howris efter none, or therby, to beyr leill and suthfast, in ane actioun and caus of divorce and partysing, moved before us be Williame Rantoun, cietiner of Sanctandrois, against Elizabeth Gedde, his spous, for suspitioun of adultery, as thei will answere to ST. ANDREWS KIRK SESSION. God, upoun the dreadfull day of his last judgement, quhen the secreetes of all man and women salbe disclosed ; certifiand them, gif thei compeir nocht, the said day and place, we will use all compulsioun against them, quhilk the law of God permittis us, that is cursing and excommunicatioun of the conore£atioun of Christe. And this ye do, as ye sail in lyke maner requyre us in tyme cuming, gif it sal happin yow to haif the elyke caus before yow, the quhilk to do we committ to yow our full power, conjunctlie and severalie, be thir our letteres, dewlie execute and indorsate, delivering them agane to the beirar, gevin under the seill, quhilk we use in this and the lyke caussis, and the subscriptioun manuall of our scribe, at Sanctandrois the xj dav of Marche, 1559. Dauid Spens, 1 ane of the diacons and scribe in the said caus, with my hand subscrivit. Followis the depositiones of the said witnes, examin- a[t] the xiiij day of Marche, 1559, in the counsal- howse at the Auld College, &c., comperand be the summondis. Margaret Moncur, ane of the witnes ressavit in the causs, sumfmond], sche beand speret quhat sche kend of Williame Rantownes wyfe, the deponar testifies that sche come to Sanct- androis toun, four daiis before Sanctandrois day, ane yeir bigane at Sanctandrois day [las]t bypast, and sche beand ludged in Williame Rantownes, [with] hir sister, Besse Moncur, and Agnes Lessellis, than servand [in Willjiame Rantoun hows. Efter that sche wes in hir bed [with her] sister, sche raiss efter nyne houris to hir eies, sche saw ane candell licht in the chalmer Rantoun that gangis throw the hall to the galla[ry], to the baksyde, throw the lok of ane dur, sche lukeand in beheald and saw ane 1 David Spens was one of the three representatives of St. Andrews in the first General Assembly, which met at Edinburgh on the 20th December 1 560, and was one of those whom that Assembly considered qualified 1 for ministring and teaching' (Peterkin's Booke of the Universal! Kirk, pp. I, 2). He was ap- pointed minister of Monimail, from whence he was translated to Carnbee, in 1566 or the following year, and there he died in August 1575 (Scott's Fasti, ii. 411, 501). All the earliest entries in the Register, with few exceptions, are in Spens' autograph. 24 REGISTER OF young man, quhilk sche weynd haid beyne Williame Rantoun himself, and, becaus sche trowet it haid beyne the said Williame, sche desyred nocht in to the chalmer, and this sche beheald the space of ane half howr, be ane throwch lok, the key beand owt of the dur. And thei haid fische that nicht to there supper. The said man haid rede hoyse and ane dosk beyrd, lyke Maister Robert Kifnjpontt, 1 quhais beyrd sche lykenet the mannes beyrd unto, quhilk Mr. Robert ane of the senioris wes present at hir examinatioun. Sche affirmes it wes Andro Olyphant, and sche past to hir bed sa schoun as sche saw his hoiss drawen of ; bot the uthir twa remaneit still the quarter of ane Gedde hour efter hir ; and sche and hir marrowis rais at sex houres ; and the gude wyfe wes up before them, and hir servand called Jonet. Sche knawis nathing of imaginatioun of his death. And thir thingis sche saw in Robert Lermonthtis ludgeing, on the north syde of the Sowth Gait off Sanctandrois ; and there wes nane in the chalmer, bott the man and the gude-wyfe, and that sche drew of his hois, and therefter blew owt the candell, and sche knew nocht gif that Elizabeth past to the bed or nocht. &c. process. Agnes Lessellis, summond and sworne, sche confessis that sche hais borne ane bayrne in huyrdome to [Wijlliame Cowpar, ane walcar dwelland in Edinburgh. Twa yeir bigane at Sanct- androis day, sche lay in Williame Rantones howse, beand [then in] company with Margaret Moncur alanerlie, witnes forsaid, in [the] gallary, within ane ludgeing of Williames, at Argailles port on the so[uth] syde of the gate. There is nocht ane hows betuix the gallary and the h[owse], quhilk sche and Margaret Moncur lay in ; and Margaret Moncur called upoun hir, and sche raiss, beand walked b[e] Margaret, and luket at the dur, beand sett up a char be Margaret Moncur ; and thei luket bayth in at the dur at aneis ; and sche saw ane [man] with ane payr of rede hoyse ; and Margaret Moncur wes up befor[e] Agnes, and remanet efter hir at the dur ; and the candell wes p[ut] owt or sche lay doun ; the dur wes oppin ; and sche and Margaret Moncur raiss upoun the morne at sevin or aucht 1 Best known as Robert Pont ; see references in note 4, p. 2. This page of the Register is so defaced that much of it is almost illegible. ST. ANDREWS KIRK SESSION. 25 houris, and the gu[de]-wyfe raiss evin then. And sche knew nocht the man, nor yit kna[wis] him nocht ; and sche saw nocht Elizabeth pass to the bed with the m[an]. Sche remem- byris nocht quhat thei had that nicht to ther suppe[r]. Sche knawis nocht the machinatioun of death be Elizabeth to Williame, and sche beleves Elizabeth to be ane hones [t] woman, and never saw the contrar therof. Margaret Stevin, summond and sworne, purges hirself of subornaci[oun], beand demandate of hir aith, sche knawis na thing of Elizabeth Gedd[e], Williame Rantones wyfe, bot that sche is ane honest woman, a[nd] hais nocht pollutet his bed. Sche deniis that ever sche saw on[y] suspitioun betuix Andro Olyphant and Elizabeth, and sche hais seyne Andro Olyphant ly in William Rantones howse ; bott never uthirwyse bot quhen William Rantoun wes at hayme: and sche knawis na uthir thing in this caus. xvj Marcii. Andro Baxtar, witnes, summond and sworne, in the causs of Rantoun Williame Rantoun against Elizabeth Gedde, his spows, he knawis na thing to Williame Rantones wyfe, bott that sche is ane honest woman, and in spetiall betuix Andro Olyphant and hir, and he knawis never machinatioun of dead be hir to him. &c. Decimo sexto mensis Martii, 1559. In the causs of divorce of Williame Rantoun against Elizabeth Gedde, as in the terme to produce Andro Baxtar, witnes in the said actioun, the said Andro beand produceit, and examinate as is abone conteynet in his depositioun, the minister and eldaris, judges, hais statute to pronunce in the said causs, parties being warned to that effect, to Thurisday nixtocum &c. Vigesimo primo mensis Martii predicti, 1559. In the actioun and causs off divorce, proponet be Williame Rantoun against Elizabeth Gedde, his spows, as in the terme statute be the minister and senioris to pronunce in the said causs, haiffand the assistence and counsall of Mr. Johne Dowglas, Rectour of Gedde the Universitie of Sanctandrois, and Johne Wynrame, Suppriour 26 REGISTER OF of Sanctandrois, Mr. Williame Skene and Maister Johne Ruthirfurd, hais pronunceit ane sentence absolvatour for Elizabeth Gedde, to be put in forme, and t[o] be publicate in process. t] ie pulpate upoun Sounday nixtocum, viz. xxiiij Marche, the seniouris beand present there to affirme the samyn. The parties summond to heir and see the said sentence publicate. &c. The sentence in forme as it wes red oppinlie be Johne Knox minister in presence of the congregatioun, &c. &c. &c. &c. The sentence pronunced for Gedde, &c. Sentence pro- nunced for Gedde, &c, &c With incalling of the name of the everliving God, and of his Sonne Jesus Chris te, quhai beiris lele and anefauld witnessing to our consciences, we, the minister and seniouris of this our Christiane congregatioun within the parochin of Sanctandrois, judges in the actioun and causs moved and intented before us be Williame Rantoun, cietiner of this cietie and brother of the said congregatioun, against Elizabeth Gedde, his spowss, for the alleaget committing of adultery be his said spows with Andro Olyphant, and divers utheris (in generall saying), lyke as the petitioun be him before us produced mair at lenth beares in effect &c. : the said petitioun with ansuereing therto, reasones, jures, allegationess, with testimonies and depositiones of witnes, and all thinges concerning baith the said is parties, in presence of Mr. Johne Dowglass, Rectour of the Universitie of Sanct- androis, Johne Wynrame, Suppriour, men of singular eruditioun and understanding in the Scriptures and Word of God, with Masteris Williame Skene and Johne Ruthirfurde, men of cuning in sindry sciences (with quhome we communicate[d] the secretes of the meritis of the said actioun and caus), being be us and them hard, seene, consyderet, and ryplie understand : and find- and na causs, of thei thinges produced before us, and be us consyderet and seene, as said is, quherfore the said Elizabeth suld be divorcet fra the said Williame ; bot in tyme cuming, and fra thyne fur[th], that sche suld be absolvet fra his peti- tioun forsaid, and crymes therin layd to hir charge injustlie, and to be intertineyt and trietet be him in maner following : (we haiffand onlie God before our eies), be this our sentence ST. ANDREWS KIRK SESSION. 27 diffinityve, pronuncess, decerness, and declaress, the said Eliza- beth innocent of the crymes layd to hir charge, conteynet in the petitioun forsaid, and absolves hir therfra ; and that the said Williame Rantoun sail maynteyne, triet, and intertiney, the said Elizabeth Gedde, his spows (quhome, notwithstanding ony thing alleaget or produced be the said Williame before us against hir, we find to be ane honest woman), as becummis ane husband on all behalfis to triet his wyfe, in bed and buyrd and all uthir thinges, according to the law and commandment of God, be this our sentence diffinityve, publiclie heir red and manifestate in the presence of God and yow heyr gathered and conveyned congregatioun, this Sounday the xxiiij day of the moneth of Marche, lykeas the samyn wes decerned and pro- nunced in the consistory, settand judges juditialie, upoun Thurisday the xxj day of the samyne moneth of Marche, 1559. Dauid Spens, ane of the diacons of the Christiane congregatioun of Sanctandrois, and scribe in the actioun and causs forsaid, with my hand subscrivit. Ultimo Marcii, 1560. Margaret Aidnam askit God and the congregatioun forgivenes of the adultery committed be hir with Williame Rantoun, publiclie in the paroche kirk of this toun, Johne Knox beand at that tyme minister, &C 1 nota. 1 This entry is partly written in the margin, opposite the signature of Spens. The Protestants of Edinburgh had elected Knox as their minister on the 7th of July 1559; but as it would have been dangerous for him to have remained there after the treaty with the Queen Regent, the Lords of the Congregation con- strained him to leave his flock under Willock's charge before the end of that month ; and sent him as a commissioner to explain their cause to the English, in order to obtain help ( Wodrow Miscellany, pp. 63, 65 ; Laing's Knox, i. 388 ; ii. 32). On the 2d of the following September he wrote from St. Andrews : — ' Notwithstanding the fevers have vexed me the space of a moneth, yitt have I travelled through the most part of this realme, where (all praise be to his blessed Majestie) men of all sorte and conditiounis embrace the truthe ' (Laing's Knox, vi. 78). He appears to have visited St. Andrews frequently about this time, for, besides the foregoing letter, he wrote from it on the 15th of August, 21st of Sep- tember, and the 15th of October. The result of the skirmish at Restalrig, on the 6th of November, caused the Lords to retire to Stirling, where, on the 8th, they resolved to separate. Several went to Glasgow, and the others to St. Andrews, Knox accompanying the latter (Laing's Knox, i. 465, 473 > **■ 5 J Spottiswoode's History, i. 307). He remained at St. Andrews until the end of April 1560, when he returned to Edinburgh (M'Crie's Kncx, 1861, p. 205) ; 28 REGISTER OF Monitio contra An dream Lummysden . Decimo sexto Marcii, 1559. The quhilk day, Andro Lum- misden called for nocht adhering to Besse Smyth his spows. He confessis that he hais nocht adheyred to hir in bed this twelf yeir bigane. In respect of his confessioun, and delatioun past therupoun, the ministers and eldaris decerness him to adheyre in bed and buyrd, within fourty aucht houris, to his said spows ; and to lat the samyne adheyreing be notified to the minister and eldaris forsaid, within aucht daiis efter the said xlviij houris, be the said Besse Smyth his spows, and uthiris ther nychbouris, under the payne of all severe ecclesias- ticall discipline that may be layd to his charge, with the incalling of the civile powaris hand, &c. Suspensio Todrick, Ramsay. Die Jovis quarto mensis Aprilis, 1560. The quhilk day, M. Johne Todrick 1 and Margaret Ramsay being called, for the but, as already mentioned (footnote, p. 3), it was three months later ere he was for- mally appointed to that charge by the Commissioners of Burghs. Besides occa- sional visits, he must have been about five months continuously in St. Andrews. Over and above its importance as, still in name at least, the ecclesiastical capital of the country, and the seat of the oldest and principal Scottish University, this city had peculiar personal attractions for Knox. Here he had been called to the ministry by John Rough in 1547 ; and next year, when a sickly captive in the French galleys, and nigh to the gates of death, he exclaimed : 'I see the stepill of that place, whare God first in publict opened my mouth to his glorie, and I am fullie persuaded, how weak that ever I now appear, that I shall nott departe this lyif, till that my toung shall glorifie his godlie name in the same place ' (Laing's Knox, i. 228). At the General Assembly in December 1565 'the commissioners of Sanct Andrews requested that Mr. Knox might be transplanted and placed in Sanct Andrews, which was refused. The Assemblie willed them to choice one out of their own Universitie in place of Christopher Gudman, who latelie departed into England' (Keith's History, iii. 127, 128). When Kirkcaldy of Grange received the Hamiltons into Edinburgh on the 4th of May 1571, Knox's position became very critical ; and, to please his friends, he left next day. He first went to Abbotshall, and in July to St. Andrews, where he remained until August 1572. His love to it as the place where first ' he gave the rout 'Till Antechrist that Romische slave,' and his visit to it ' Quhen he was not far fra his grave, ' are referred to by John Davidson in his Schorl Discurs of the Estaitis qitha hes cans to dcploir the deith of this excellent Servand of God, reprinted by M'Crie in the supplement to his Life of Knox, by Maidment in Davidson's Poetical Remains, and by Dr. Rogers in his Three Scottish Reformers. 1 Mr. John Todrick is mentioned in 1530 as chaplain of the altar of St. Thomas the Martyr in the parish church of St. Andrews, and in 1540 as a chaplain in ST. ANDREWS KIRK SESSION. 29 cryme of adultery, before minister, seniouris, and counsall, to haif ressavit pennance for the said syn, and findand na signe of penitence in them, are suspendet for forther trying of there syn, to the effect that signes of worthie repentance may be brochon in them be prayeris and commoun supplicationes in the congregatioun. The tennour of the clame of Catheryne Tweddell clamand mariage of Walter Ramsay lorymar 1 in the Auld College. Minister, eldaris, and counsall, of the Christiane congrega- Tweddell, tioun of this cietie, reformed now toward the religioun of Ramsa y- Christe Jesus, unto your wysedomes, humelie menes and schawis Catheryne Tweddell that, quhare be the seductioun of Walter Ramsay, lorymar in this cietie, I haif gevin my body to be useit be him, quharethrow I haif conceved and borne ane bayrne to him, and all this I haif done because, in the presence of God onlie, he gaif me his fayth that he suld fulfill the band of mariage in faice of the congregatioun, or Haly Kirk, quhilk promise he diverss tyme iterate and renewed to me, be giving me his rycht hand, before I wald consent to his desyres ; and now the said Walter deniis the said his faythfull promise of mariage maid to me and purposis nocht to complete the samyn with me, except he be compelled. Beseikand your wysedomes heirfor to causs and compell him him (sic) to fulfill that, quhilk he hes maid, ane faythfull promise of mariage to me, according as the law of God will. Undecimo die mensis Aprilis, anno Domini, 1560. The quhilk Tweddell, day, Walter Ramsay being clamed be Catheryne Tweddell for Rarasay ' * mariage, to be complieted with hir in the faice of Haly Kirk, according to his promise to hir maid, the minister and eldaris, according to the law of God, decerness the said Walter to compliete the said band with the said Catheryne, becaus the the aisle of that church {Abstract of the Writs of St. Andrews, Nos. 3, 165). He also occurs as a notary public on the 16th of March 1540-41 (Records of the Priory of the Isle of May, p. xcvi.). On the 3d of February 1559-60 he joined the congregation by approving the band, and he was one of those who likewise made a formal recantation that month {supra, pp. 11, 14). 1 Saddler, or bridlemaker. 30 REGISTER OF woman alleaget hir to haif beyne ane virgine or he gat hir, and he culd say na thing in the contrare therof, tyme and place being offered to him to object to the contrare and prief the samyn, and Walter Ramsay being demanded give he wald use ony forthir defenss in this mater, and give he knew ony lauchfull caus quhareby he mycht be absolved fra hir petitioun, he said he wald use na thing against hyr. &c. The tennour of the clame of Besse Millar clamand mariage of Alexander Adie. Myliar, Adie. j ? j$esse Millar, servand to Dauid Coling, alleages promyse of mariage maid to me be Alexander Adie, quharefore he may nocht compliet the band of mariage with Marioun Ogilvy, or yit ony uthir woman, be reasone of mariage promiseit to me, before ony promise maid be him to the said Marioun Ogilvy, or ony uthir woman, heirfore desyres the minister to causs try all be takyn in the matter, and justice be ministrate to bayth the parties, according to the will of God and gude conscience, &c. Answer therto followis. Myliar, Adie. Honorabill sirs, minister, eldaris, and diacons, of the Chris- tiane congregatioun of this cietie, unto your m. humelie menis and complanes I, Alexander Adie, and Marioun Ogilvy my spows, upoun Besse Millar, that quhare I, to haif avoydet fornicatioun, contracted and handfast the said Marioun Ogilvy, to haif hir to my lauchfull wyfe, and promitted faythfullie to solemne the band of mariage with hir, in faice of the congregatioun, and to that effect caused the minister to proclayme the bannes, as use is ; and now the said Besse Millar wranguislie, withfout] 1 ony promise of me maid to hir of mariage, clames me, I never makand hir promise of mariage, nor yit hes sche ony bayrnes to me, nor yit promiste I to hir ony of my gayr. And suppos I had carnall daill of hir of before, committand therby forni- catioun with hir, to evade that syn I cheset to me the said Marioun to be my lauchfull wyffe, quhai before the said con- 1 Omitted. ST. ANDREWS KIRK SESSION. 31 tract convened the said Besse, and requyred of hir give I haid maid ony promise to the said Besse to haif mariet hir, quhai ansuered and said, Marioun I pray God that every ane of yow haif gude of ane uthir, for I haif nathing to say to him nor yow, bot I wald ye war als weill as myself. And in harvesd last wes, the said Besse granttes that I promiste never mariage to hir, and discharget me becaus ther wes na promise betuix me and hir. And, as I sail ansuere before the aeternall God, I promiset never to mary the said Besse, nor yit to give hir ony of my gayr. And in sa far as I had carnall dayll with hir, it come of hir seiking, and nocht of myne ; and sche come to me onsend for quhen ever I haid dayll with hir ; quhilk syn I repent fra the boddoum of my hart, and askis God mercie, and sail never in tyme cuming God willing committ siclyke. Quherfore, I beseik your m. to caus the said Besse mak me and spous forsaid ane sufficient amendis, for the oppin sclandering of me before the haill congregatioun, sayand that I suld haif promiste to hir mariage, quhilk I did never, as I call and tak God to witnes. And your m. ansuer heirintill humelie I beseik. &c. &c. Dido die undecimo mensis Aprilis, 1560. The quhilk day, in the caus moved be Besse Millar, clamand mariage of Alexander Adie, at the desyre of the said Alexander, it is admitted till him, be the minister and eldaris, to prief his byll. He named twa witnes, thai ar to say, Beatrice Buge and Jhone Ewene. Beatrice Buge being produced and examinate, it is statute to Alexander to mak diligence for Johne Ewene upoun Thurisday nixtocum, Alexander haifand na ma witnes to produce bott Johne onlie, in presence of parties warned to the said day. The depositiones of witnes produced be Alexander Ad[ie] against Besse Myllar, togiddir [with] 1 Alex- ander Adies aw[in] confessioun in presens of minister and eldaris maid, &c. Beatrice Buge, sister to J ohne Buge, wricht and cietiner of [Deposit™ this cietie, being sworne and examinate, be hir great aith Bu ^ e -1 1 Omitted. 32 REGISTER OF sworne, sche knawes nathing of talking of mariage betuix Alexander Adie and Besse My liar; and being demandet quhidder give sche ever hard Besse My liar discharge ony promise of mariage maid be Alexander Adie, sche saiis sche hard never hir say that sche had ony promise of mariage of him, nor yit discharge ony promise ; bott upoun the harvesd field, sche being scorned with uthiris, sche said, Quhat scorne ye me with Alexander Adie, I haif nocht ado with him, God send him ane gude wyfe, or ellis never ane. As to Marioun Ogilvy, that nicht that Marioun wes handfast with Alexander Adie, the deponar past to Dauid Colingis howss, and Marioun desyred Besse Millar to gang and drink with hir father, and Besse Millar said, Forsuith Marioun I will nocht gang with yow, I haif nocht to say to vow, mekle joy mott ye haif of him. And sche knawis na forthir. &c. Confessio Adie. ii. Maii. Alexander Adie confesis tha[t] he knew never of Besse Millar bot sche wes ane maden ; and he never maid promise to hir, nor never gaif hir gayr, nor yit tuke gayr fra hir. Die vigesimo quhito AprUis, 1560. The quhilk day, the caus of Alexander Adie against Besse Millar suscitate and newlie walkynnet, as haifand the desyre to mak diligence for Johne Ewene, witnes named be Alexander Adie, for the proba- tioun of his bill. Johne Ewene being produceit, sworne, and exanimate, the minister and eldaris hais statute Thurisday, the secund day of Maii to pronunce in presence of parties warned to that day. Depositio Ewene. Followis the tennour of Jhone Ewenes depositioun. Johne Ewene, witnes produced for Alexander Adie against Besse Millar, being sworne and admitted, depones that he hard never ony promise of mariage nor commowning of mariage betuix them, bot fairn-year 1 in harvesd, upoun the harvesd field, that Besse Millar said to the deponar, schawand to hir that Alexander Adie suld mary Marioun Ogilvy, and sche said, God give every ane of them gude of uthir, for I haif na quhite 1 Last year. ST. ANDREWS KIRK SESSION. 33 thried to quyte him out. Nane beand present bott he and sche and the hors, &c. He knawis na mayr. > Jo vis. Die secundo mensis Maii, 1560. The quhilk day, in the actioun and caus moved be Besse Millar against Alexander Adie ane 1 the clame of mariage, as in the terme statute be the minister and eldaris to pronunce, thei haif continewed the mater for forther avisement to be haid therintill quhill Thurisclay the xvj day 7ovis,xv/\Man > of Maii, in presence of parties warned to the said day. dum. Followis ane dilatioun against Agnes M c Ke that sche, mur- Macke, Adie, . . &c murand against Gods Word, imputtis the wyte, to the Word and doctryne now teachet in this cietie, of the darth presentlie regnand in this cuntrey : quhilk sayingis ar provin be \blanlt\ Erskin spouss to Johne Watsone, alias Irische Jocke, and Agnes Symsone. And alswa that sche said, God lat them never haif mayr part of the joy of Heaven, then they leit hir haif of the communioun : provin be Mr. Johne Dowglass, Rectour, and Mi\ Robert Hammyltoun, 2 regent of the New College, &c. 1 Should be anent. 2 Mr. Robert Hammiltoun, as rector of Torrens, witnesses a charter of Arch- bishop Hamilton's in 1558 {Register of Great Seal, vol. iv., No. 1742). Knox includes him among the 'zelous men,' who that year exhorted their brethren, when they had 'na publict ministeris of the Worde' (Laing's Knox, i. 300). And, in 1559, he accompanied Knox in his mission to solicit aid from the English. They probably set out about the end of July. Knox's narrative seems to imply that he left Edinburgh with the Lords of the Congregation, on the 26th of July, for Linlithgow ; from whence they went to Stirling, where they subscribed a band on the 1st of August, and sent 'ane or twa messingeris' to prove the English, — Sir Henry Percy having asked Knox to meet him at Alnwick, and Cecil having arranged to meet him at Stamford {Ibid. i. 381, 382 ; ii. 32). But Knox can hardly have been at Stirling on the 1st of August, for he and Hamilton sailing from Pittenweem arrived at Holy Island, and there learning that there was some uncertainty as to Percy's whereabouts, they addressed themselves to Croft, Captain of Berwick, and Warden of the East Marches, who advised them to proceed no further; ' the said Jhone and Maister Robert followed his counsall,' and remained two days with him in Berwick Castle ; yet Knox was back again in Stirling by the 6th of August {Ibid. ii. 32-34 ; vi. 63, 64). Hamilton appears to have been in hearty agreement with Knox for some time after this, for he was one of the principal ministers who insisted, in 1 561, that the mass should be taken from the Queen {Ibid. ii. 291). He afterwards became the minister of St. Andrews, anil Principal of St. Mary's College. C 34 REGISTER OF Walter Adie delatat with thir wordis, Wille Mayne, 1 will ye give me ane techet 2 to be served the Divellis 1 One of the deacons. 2 A ticket or token. Steuart of Pardovan speaks synonymously of 'tickets,' 'warrants, 5 or 'tokens,' and also more specifically of 'the parish lead ticket' {Collections and Observations, 1 709, p. 138). Long before his time, they seem to have been commonly made of metal ; but it may be doubted whether the 'twelf stand of cairts to be tikkits' for the communion in Edinburgh, in 1578, were not rather some sort of stiff paper or cardboard, even although a goldsmith was employed 'for stamping of thame' (Lee's Lectures, i. 392); and the com- munion tickets of St. Andrews, in 1656, can scarcely have been metal, seeing they were to be 'written by the clerk' {Ibid. p. 401). When the Lord's Supper was first dispensed to the Secession Congregation at Ceres in 1743, two thousand tokens were distributed ; and ' according to tradition, these tokens were circular pieces of leather, about the size of a shilling, with a hole perforated in the centre ' (Mackelvie's Annals and Statistics of the U.P. Church, pp. 126, 127). The first Presbyterian Church of the city of Charleston, U.S., used paper tickets until the beginning of this century, when elaborately engraved silver tokens were adopted {Notes and Qmries, fifth series, xi. 14). The reference in the text is probably the earliest on record to the use of communion tokens in the Reformed Church of Scotland. Indeed, it is so early that it confirms the con- jecture, that it was one of those usages of the Romish Church which were continued ; and the supposition is further strengthened by the fact — here stated on the authority of my friend, the Rev. Andrew Fleming of Blairs College — ' that the custom of giving tokens or tickets to those going to communion at Easter, "when all Catholics are obliged to go," ' was observed 'in the Catholic Church of St. Andrew's, Glasgow, some forty years ago, but is now abolished.' He also informs me that ' tokens or rather tickets ' are still used in Rome ; * but they are given to the communicants at Easter, after they have been at the com- munion, and not before.' Mr. Cochran-Patrick mentions a Scottish token dated 1622, and expresses the opinion that 'probably some of the undated ones are earlier. ' He further says that ' leaden counters were used in the Catholic churches before the Reformation ;' and adds, ' I have some in my collection with emblems on them which could hardly have been in use in the Presbyterian Church in the seventeenth or eighteenth century ' {Notes and Queries, fifth series, xi. 515). In an earlier number of the same journal, another writer states his conviction that what are known as ' Abbey tokens ' — which are made of lead or pewter, and quite distinct from the copper coins known as ' Abbey pieces ' — were given to the frequenters of the sacraments. He refers to the tokens still pre- sented to the members of many (if not all) of the Roman Catholic confraternities on their reception ; to those of the Templars and secret societies of the Middle Ages ; to the traces of their use as badges of membership in the mysteries of Paganism ; and sees an allusion to an old custom in the Scriptural promise of ' a white stone, and in the stone a new name written, which no man knoweth saving he that receiveth it' {Ibid. i. 201, 202). When the General Assembly met at Glasgow in 1638, ' the churche durris wes straitlie gardit by the toune, none had entress bot he who had ane taikin of leid, declairing he wes ane covenanter' (Spalding's Memorialls of the Trttbles, Spald. Club, i. 117). In the ST. ANDREWS KIRK SESSION. 35 dirt? 1 I sail by 2 ane poynt of wyne and ane laif, and I sail haif als gude ane sacrament as the best of them all sail haif. Provin be Mr. Johne Ruthirfurd, William Mayne, and George Blak, &c. The minister and eldaris decernis Agnes M c Ke and Walter xxvj Aprilis, & 1560. ~~ Macky, [Adie.] Booke of Common Prayer, intended for the Church of Scotland, and written in the reign of James the Sixth, it is ordered that, 4 So many as intend to be partakers of the holy communion, shall receive there tokins from the minister the night before' {Scottish Liturgies of the Reign of James VI., 1871, p. 65). And Dr. Sprott, in one of his editorial notes, says that tokens 4 have always been used too in the Episcopal congregations of old standing in the north of Scotland ' {Ibid. p. 107). They were also used in England. Cardinal Pole is said to have employed them in Queen Mary's time, in order to know who con- formed and who did not ; but I have been unable to find the authority for this statement. The evidence however of their use in that country at a later period is abundant. The token-books of St. Saviour's, Southwark, extending from 1592 or 1593 to 1630, are still preserved. 'The street name is given as a head- ing or in the left margin, and the names of the communicants run in column.' In 1596, * 2200 tokens are accounted for at 2d. each ;' and in 1620, ' 1862 tokens at 3d. each ' {Notes and Queries, fifth series, x. 108, 109). They are mentioned in the churchwardens' book of the parish of Newbury in 1658 ; and in the parish account book of St. Peter, Mancroft, Norwich {Ibid. xi. 14, 515). Perhaps the most interesting reference to their use in England occurs in the trial in 1634 of John Richardson, Esq., who farmed the tithes and oblations of 'the chaplerie of Set. Margaret's in Durham.' He was charged with disturbing divine service on Palm Sunday, Good Friday, and Easter Day, by his irreverent manner of col- lecting the dues. One witness deponed that, at Easter time and on communion days, Richardson's predecessor 'tooke Easter reckeninges of such people as received the holie communion, and there accompted with them, and delivered and received tokens of them as is used in other parishes, as examinate beleveth.' Another testified that Richardson, or his under-farmers, usually write down ' the names of all the then communicants not householders, and att the tyme of writinge there names dow deliver them tokens, which in the tyme of the admini- stracion of the sacrament,' they 'call for againe, to the end they may knowe whoe doe pay their Easter offeringes and whoe doe not.' And another explained that, sixteen or twenty years previously he had seen ' Richardson at Easter time goe upp and downe amongst the communicants, and in time of receiving the holie communion receive of some communicants some monies, and take in certaine leade tokens (as the use of the parish is) from such as had formerlie by there maisters reckened and payed.' And that he had 'seene all whoe were under-farmors to Richardson since that tyme . . . doe the like ' {Acts of the High Commission Court within the Diocese of Durham, Surtees Society, pp. 82-100). The Presbyterian Church has never charged dues for the sacraments nor sold her tokens. 1 Divellis dirt was evidently used to express the greatest contempt. In For- farshire, asafcetida pills are widely known as devil's dirt pills ! 2 Buy. 36 REGISTER OF Adie to be fraternalie corrected, efter ecclesiasticall disciplyne, and supplicatioun to be directit to the bailies and civile magis- trates, for forthir correctioun civilie to be put to the saidis personeis, and proces deduced in the consistory extracted and send to the saidis magistrates, the said personeis being be the minister judicialie monysed to absteyne in tyme cuming fra sic blasphemous sayingis, under paynes of cursing. xxvj Apr His. [Murdow.] Probanda Jovis, 2 {sic) Maii. Margaret Murdow delatate for blasphemous sayings against the sacrament of the body and blude of Christ, sayand thir wordes in the oppin fische mercat, Ye gif your supper quhome to ye pleass : I traist to God ye salbe fayne to steale fra that supper and dennar, or 1 this day tolmonth. Provin be Margaret Carstares on Thurisday secundo Mail. To prief be uthir witnes, Setterday quarto Mail, 1560. Die secundo Maii, 1560. [Law.] Johne Law said, The Divell knok owt Johne Knox harnes, 2 for, quhen he wald se him hanget, he wald gett his sacrament. Johne Law granttis that he said, God give Knox be hanget. Die secundo Maii, 1560. [Petillok.] Jovis, 9 Maii probanda. Williame Petillok, dwelland be este Thomas Martynes, said, The Divell ane kirk will I gang to ! and, The Divell burn up the kirk or 1 I come into it ! and, It wer gude that Knox war kend the gayt quhare fra he come ! Williame granttes thir wordes, The Divell cayre 3 the kyrk ! Probanda idterius Jovis nono Maii proximejiduro. [Thomsone. Sabbat um, 4 Maii. Elene Thomsone, the spous of Johne Dryburgh, ane playne contemner of the Word of God, nethir cummes to preaching nor prayeris, ane evill speaker of the ministeris, and espetialie of Johne Knox, and ane blasphemar of the Sacramentes. Pro- banda Sabbato 4 quarto Mali. [Howbume and Andro Howburne and Margaret Downe, fornicatouris, con- c^onliliuatiir ad tinewed ther correctioun quhill Thurisday the nynte day of jovis, 9 Matt. i\/[ a y ? m hope of mariage to be compleitit amangst them. Interim, that thei absteyne frome all societie and mutuall company, under the panys of ecclesiasticall disciplyne. Ere. 2 Brains. Rake up. Here used for Saturday. ST. ANDREWS KIRK SESSION. 37 Followis the clame of Elizabeth Gedde, conteynand the intenting and moving of ane actioun against Williame Rantoun, hir husband, for adultery be him committed, for divorcement, &c. Minister, eldaris, and counsale, of this sette, unto your wyse- Q a ^ oun * domes humelie meynis and compleynes your daylie oratrice, Elizabeth Gedde, upoun Williame Rantoun, that quhare we beand copuled and juned in lauchfull mariage, and the said Williame ressavand the sowme of twa hundreth markis, usuall money of this realme, in tocher gude fra my father and uthiris friendes, I treatet, obeyed and served the said Williame accord- ingly as become me of dewtie, conform e to the institutioun of that holy band, unto the monethis of November and December, in the yeir of God, &c. fifty audit yeris, quhen the said Williame abstracted him fra my company, leavand me al uterlie destitute of his solace and interteyneing as he aucht to haif done on the uthir syde. And nevertheles the said Williame, contrare to the command of God, and his faythfull promise lauchfullie maid to me the tyme of the solemnizatioun of the said mariage, tuke ane chalmer, in the este end of the Sowth Gait of this cietie, on the north syde therof, perteyning to Master Thomas MefFen ; quhare in the saidis monethes and yeir, and diverss uthir tymes sensyne, [he] 1 held Margaret Aidname with him in company, sumtymes by the space of xv or xx daiis togiddir, and committed the abhominable cryme and syn of adultery with hir ; quhilk abhominatioun, committed with the said Margaret, he hais confessed judicialie before your Avyse- domes, and also in presence of the haill congregatioun of this cietie ; 2 quharethrow, of the law of God, I acht and suld be separated and divorced fra him, and libertie to be granted to me to mary in the Lord, as maist gudelie may seyme expedient, and alss the said sowme of twa hundreth markes gevin with me in tocher refoundet, restored, and payed, agane to me : be- siekand your nobilitie and wysedomes heirfor, maist humelie, the premissis beand sufficientlie provin as accordis, to pronunce 1 Omitted. 2 Supra, p. 6. 38 REGISTER OF and decerne me to be divorced and separated simplkiter fra the societie and company of the said Williame in all tymes cuming, and libertie granted and given me to mary in the Lord, togiddir with restitutioun of the said sowme of twa hundreth markes gevin to the said Williame in tocher tyme of the con- tract of mariage forsaid, according to equitie and justice. And your gude ansuer heirin, maist humelie, I beseik, &c. &c. Secundo die mensis Ma%% 1560. The quhilk day, Williame Rantoun being warned to compeir in the consistory, before the minister, eldaris and counsall, at the instance of Elizabeth Gedde, his putative spous, the saidis Williame and Elizabeth judicialie compearand, the said Elizabeth produced the peti- tioun and clame preinserted, and, conform to the samyn, proponed ane actioun of divorce (for adultery done and committed be the said Williame with Margaret Aidnam) against the said Williame ; quhilk adultery libelled the said Williame hes judicialie confessed, and the ressait of audit scoyr merkis of tocher gude, and the residew of the clame. It is statute be the ministeris, eldaris, and counsale, to prief forthir be witnes, in the actioun and caus of divorce and adultery. And the saidis Williame and Elizabeth hais chosin Masteris Williame Skene, 1 Johne Ruthirfurde, and Robert Pont, with Johne Motto, amicable compositouris equalie amangst them. And Mr. Johne Dowglas, Rectour, and Mr. Johne 1 Skene has been already twice mentioned in the text ; namely, as one of those who joined the congregation by approving the 'band,' and as a man 'of cunning in sindry sciences,' consulted by the session in the case of Rantoun against his wife {supra, pp. 8, 26). He was a brother of the more famous Sir John Skene, who collected the Acts of Parliament. William appears to have studied abroad, and was incorporated in St. Mary's College in 1556 ; the General Assembly of 1560 deemed him fit for 'ministring and teaching,' but it is uncertain whether ' he ever had any particular charge ; ' he was Conservator of the Privi- leges of St. Andrews University, and was elected Dean of the Faculty of Arts in 1565 (M'Crie's Melville, ii. 373, 474; Peterkin's Booke of the Universall Kirk, p. 2 ; Lee's Lectures, i. 228). He was at the same time the teacher of law in St. Mary's, and the Commissary of St. Andrews. James Melvill says that he went to the Consistory, ' whar the Comissar wald tak pleasour to schaw us the practise, in judgment, of that quhilk he teatched in the scholles. He was a man of skill and guid conscience in his calling, lernit and diligent in his profession, and tuk delyt in nathing mair nor to repeat ower and ower again to anie schollar that wald ask him the thingis he haid bein teatching' [Diary, Wod. Soc. p. 29). ST. ANDREWS KIRK SESSION. 39 Wynrame, Suppriour, ower men for decideing of the matter of tocher gude, &c. And witnes to be produced upoun the divorce on Setterday, fort day of Maii, in presence of parties warned Setterday, therto. 4 Maii ' Quarto mensis Maii, 1560. The quhilk day, in the actioun and causs of divorcement, moved and intented be Elizabeth Geddy, against Williame Rantoun, hir praetended husband, as in the terme to prief forthir in the said causs be witnes, com- pered Elizabeth Geddy, in presens of Williame, and produced sex witnes, viz. Cristyne Burell, Mathew King, and Jonet Cuninghame his spows, Andro MefFen, tailyeour, Alexander Smyth, doctour of the Sang Scole in the Abbay, and [blank] his wyfe ; quhilkis, beand admitted be William, he useand na exceptioun against them, haiffand place and tyme offerred therto, wer sworne and exexaminated (sic), as efter followis in ther depositiones under inserted. And with consent of parties, the minister and eldaris lies statute to pronunce on Thurisday nixt to come, nono Mail. Jovis, g Maii. Followis the depositiones of witnes in the caus of William Rantoun, examinated the said ferd day of Maii 1560, and Elizabeth Gedde, his spous putative, &c. Cristyne Burell examinated in the causs of Williame Rantoun. [Depositiones of Sche knawis nathing, bot that upoun ane nicht the deponar caus^f Rantoun past to the stare of hir hows quhare sche dwellis, and there and Gedde -1 fand the dur snecked and unbarred, and sche barred the dur ; and, efter that, Margaret Aidnam come to the dur, and culd nocht gett it oppin, and therefter sche past away and brocht Williame Rantones quhingar and oppynned the dur ; quhilk quhingar, the deponar fand under ane almery, and sche speirit at at (sic) Margaret Aidnam, and sche said it wes Williame Rantones quhingar, and sche grantted sche wes that nycht in his chalmer. Mathew King depones, that quhen he dwelt on the stare. 40 REGISTER OF quhare the clerkis ch aimer wes, in Mr. Thomas Meffens land, in the est-end of the Sowth Gait, that he dwelland under, and Williame Rantone abone, saw Margaret Aidnam in Williame his chalmer, and [she] 1 wald be there xv or xx daiis ; and Williame grantted that he had hir, and wald part with his wyfe and mary hir, and desyred the deponar nocht to revele his secrete. Jonet Cuninghame the said Mathewes wyf is conforme to Mathew hir husband in omnibus, etc. Andro Meffen, tailyeour, depones that he hes seyne Margaret Aidnam in the bed with Williame Rantoun anes, and divers tymes hir allane lyand in his bed, in his chalmer forsaid. Alexander Smyth, doctour of the Sang Scole in the Abbay, 2 1 Omitted. 2 In treating of pre-Reformation times in Scotland, Cosmo Innes says, ' There were schools for teaching singing and chanting in the different cathedral cities, and the term " sang-school" is not yet forgotten in the North, where the choral school has often been the ground-work of our burgh grammar schools. The education, even of the chorister, required a knowledge of reading, not a very valuable acquisition for the laity when books were so scarce ; and to this was added instruction in the principles of grammar, and the beginning of classical learning' {Scotland in the Middle Ages, pp. 135, 136). In 1527, a choir was appointed in the parish church of St. Andrews for singing psalms at five o'clock in the morning in summer, and at six during winter, and a mass at one o'clock every day [Abstract of IVrits of St. Andrews, No. 105). The earliest definite reference to the sang-school of St. Andrews, which I have seen, is in 1545 (Ibid. No. 126) ; but as the one mentioned in the text is described as ' in the Abbay,' they were probably different institutions. Although music was not allowed to usurp the supreme place in the services of the Church as before, yet the Reformers were neither forgetful of its importance, nor insensible to its charms ; but they wished the service of praise to be truly congregational, and their providing a complete metrical psalter by 1564 shows that they were thoroughly in earnest. In 1560 they had declared that 'Men, wemen, and children wald be exhorted to exercise thameselvis in the Psalmes, that when the Churche convenith, and dois sing, thai may be the more abill togither with commoun heart and voice to prayse God' (First Book of Discipline, ninth head). 'The Psalter or " Psalm- book " became the great treasury of vocal praise, and the musical genius of the religious community found sufficient occupation in adapting all the Psalms to congregational use ' (Hill Burton's History of Scotland, 1876, iv. 352, 353). The Scottish Psalter of 1566, though still in MS., is a monument to the taste of the Prior of St. Andrews — afterwards the Regent Moray — who suggested it, to the skill of David Feables — one of the canons of St. Andrews — who harmonised it, and to the enthusiasm of Thomas YVode — afterwards Vicar of St. Andrews — who carried it through. Several beautiful facsimile specimens of its pages are in the ST. ANDREWS KIRK SESSION. 41 and [blank] his wyf, are conforme to Mathew King and hi[s] wyfe in all thingis. Margaret Murdow granttis the sclanderous wordis layd to Wonitio] & » J Murdow. hir charge, or, at the liest, sick wordis in effect, therefor the minister lies moniste hir to absteyne fra sick sayingis in tymes cuming, under panes of cursing ; reservand civile correctioun to the magistrates of the toun ; and supplicatioun to be directed with this proces to the Provest and baillies, in uberiori forma. Nono Maii, 1560. Elene Thomsoun confessis in lyke maner [Monitio] hir delatioun, and namlie the injurious wordes spokin to Johne ° Knox, quharfor the minister moniste hir to desist fra sick say- seventh volume of the Proceedings of the Society of Antiqttaries of Scotland, and in Macmeeken's History of the Scottish Metrical Psalms. James Melvill bears testimony to the ardent study of music in his time, in Montrose, St. Andrews, and Glasgow {Diary, pp. 22, 29, 79). Nevertheless, Parliament was convinced in 1579 that the art of music and singing was ' almaist decayit,' and therefore requested the provost, bailies, council, and community of the most special burghs, and the patrons and provosts of colleges where ' sang scuilis ' are founded, to erect and set up ' ane sang scuill with ane maister sufficient and able for instruction of the yowth in the said science of musik ' {Acts of the Parliaments of Scotland, iii. 174). In 1627 and also in 1632 there was paid 'to the maister of the musik scholl [in St. Andrew's], and for taking up of the Psalme at preache- ing and prayeris, of fie ijc li.' (Livingston's Scottish Metrical Psalter, p. 22). James Melvill undoubtedly refers to the ' Doctour of the Sang Scole ' mentioned in the text, when he says, 1 In these yeirs I lerned my music, wherin I tuk graiter delyt, of an Alexander Smithe, servant to the Primarius of our Collage, wha haid been treaned upe amangis the mounks in the Abbay. I lerned of him the gam, plean-song, and monie of the treables of the Psalmes ' {Diary, p. 29). Servant or servitor was often used then to signify clerk, secretary, or man of business. In his preface to the edition of the Scottish Psalter, printed at Edin- burgh in 1635 — the first published with the tunes harmonised— Edward Miller says : — 1 1 acknowledge sinceerely the whole compositions of the parts to belong to the primest musicians that ever this kingdome had, as Deane Iohn Angus, Blackhall, Smith, Peebles, Sharp, Black, Buchan, and others, famous for their skill in this kind ' (Livingston's Scottish Metrical Psalter). As the two last thus mentioned, viz., Black and Buchan, were the respective masters of the sang schools of Aberdeen and Haddington, it is very probable that Smith was Alexander Smith of St. Andrews, more especially as Peebles, who is named with him, was David Peebles of this city. I possess an old MS. collection of songs and music bearing the signature : — ' Alexr. Smith, St. Andrews, Febrewarie the fy[ft], 1722.' Perhaps he may have been a descendant as well as a namesake of the old ' doctour.' 42 REGISTER OF ingis in tymes cuming ; reservand civile correctioun as is before said of Margaret Murdow in omnibus. jovis 23 Maii. Continuatur causa Rantoun ad pronunciandum et Gedde Jovis xxiij Maii in praesentiis parti um. Ramsay, Die clecimo sexto Maii. Patrick Ramsay is obliste to tak the bayrne gottin upoun Besse Small fra the said Besse, and pro- vide ane nuryce to the samyn; and the woman oblist to pay xx s. yerelie, at Mertymes and Witsomday, till the barne be sevin yeris auld ; and the nurice to be gottin, and the bayrne takin fra hir, betuix this and Sounday nixtocum. Actum de Die Jovis vigesima Junii, 1560. The quhilk day, the minis- ter and eldaris, of this cietie reformed, statutes and ordeynes that all bannes of them, quhai ar contracted, or lies maid pro- mise of mariage, be ressaved be the scribe of the consistoriall court of the minister and eldaris of the said cietie, bayt the parties being praesent before him (gif thai bayth remane within the paroche of Sanctandrois) ; and gif the ane party remanes in ane uthir and salhappin come to this kirk to be maryed, that party sail bring ane testimoniall fra that part quhare thai remane of the lauchfull proclamatioun of there bannes in there paroche kirk ; lyke as, gif the ane party remanand heyr sail take ane testimoniall heyr of this kirk, being perchance maryed in ane uthir. And heirupoun the saidis minister and eldar[is] interponis there decrete and ordinal* authorite, &C. 1 1 The proclamation of banns of marriage on three Lord's days was enacted by David de Bernhame, Bishop of St. Andrews, in a Synod held at Musselburgh in 1242 {Concilia Scotiae, ii. 58, 59) ; and the Synod of Aberdeen decreed in the same century that no priest was to presume to celebrate marriage unless the parties had been publicly and solemnly proclaimed on three several occasions, according to the form of the Fourth Lateran Council, that he who wished and was able might oner any lawful objection {Ibid. ii. 37, 270). The latter Synod further ordained in that century that no persons may contract marriage without three separate proclamations solemnly made in the church where they live, if they stay in the same parish ; if in different parishes, that they be proclaimed in both ; and that marriage do not take place without faithful and lawful witnesses {Ibid. ii. 42). These regulations were practically adopted at the Reformation, for the English Congregation at Geneva declare, in their Order of 1556, that the banns are to be 1 publisshed thre severall dayes in the congregation, to the intent ST. ANDREWS KIRK SESSION. 43 Die decimo sexto mensis Julii, 1560. Anclro Howburne, being before the minister and eldaris accused for blaphemows (sic) that if any person have intereste or title to either of the parties, they may have sufficient tyme to make theyr chalenge' (Laing's Knox, iv. 198) ; and the same words are found in the Book of Common Order {Ibid. vi. 326, 327). Again, ' for avoiding of dangers, expedient it is that the bannes be publickly proclaimed three Sundayes, unlesse the persons be so knowne that no suspicion of danger may arise, and then may the time be shortned at the discretion of the ministry ' (First Book of Discipline, ninth head). In 1565, the General Assembly followed the example of St. Andrews Kirk Session : — ' The haill Assembly, with one voyce, statutes and ordaines, That no ministers hereafter receave the parochiners of ane uther parochine to be married, without ane sufficient testimoniall of the minister of the parochine wherefrae they came, that the bands are lawfullie pro- claimed, and no impediment found, so that the order that has been taken be the Kirk, in sic affaires, be dewlie observed under the paine of deprivation frae his ministrie, tinsell of his stipend, and uther paines, as the Generall Kirk shall hereafter think to be imponed ' (Peterkin's Booke of the Universall Kirk, p. 39). As * mar i age without proclamation of bans,' in 'these years bygone, hath produced many dangerous effects,' the General Assembly, of 1638, ' discharge the same, conforme to the former acts, except the Presbyterie in some necessarie exigents dispense therewith' (The Principall Acts of the Solemne Generall Assembly, 1639, p. 38). The Westminster Divines provided that the ' purpose of marriage shall be published by the minister three severall Sabbath dayes in the congregation, at the place or places of their most usuall and constant abode re- spectively. And of this publication, the minister, who is to joyn them in marriage, shall have sufficient testimony, before he proceed to solemnize the marriage ' (Directory for Publike Worship, 1645, p. 48). In 169O, the General Assembly again forbade marriage ' without due proclamation of bans, according to order, three several Sabbaths in the respective parishes,' and recommended presbyteries 'to censure the contraveeners ' (Principal Acts, 1691, pp. 10, 11). And in 1699, to remedy 'several abuses' which had 'crept in,' the Assembly further ordained, ' That, before any proclamations be made, the names and desig- nations of the persons to be married, and their parents, tutors, or curators, if they any have, be given up to the minister of the bounds in which any of them live and reside, that thereby it may be known, if their parents and friends give consent thereto ; ' that the persons proclaimed have their ' names and full designations, such as they are designed by in writes or contracts of marriage,' 'fully and audibly expressed ; and that, where there are more churches collegiat in the place or town, the proclamations be made in all and every one ' where they or either of them reside, ' and this to be attested to the minister who marries them ' (Prin- cipal Acts, 1699, p. 9). 'By a recent Act of Parliament, a secular substitute for banns has been legalised, and the General'Assembly in 1879 authorised ministers, " if they see fit, to receive, as a valid notice of marriage, a registrar's certificate." At the same time it modified the old regulations of the Church, by enacting that " proclamation of banns shall, in ordinary cases, be on two separate Sabbaths " instead of three ; and that, " it shall be in the power of the minister to complete the proclamation on a single Sabbath "' (Sprott's Worship and Offices of the Church of Scotland, 1882, pp. 144, 145). 44 REGISTER OF Statute of almows. saying aganis the sacrament of the body and blude of Christ e, sayand that he suld hallow ane laif 1 and ane pynte of aill, and mak als gude ane sacrament as thai mak, and had als mekle power to do that as thei had, mening the ministeris ; and also sperand vayn questiones, scornfull aganst the majestie of the Trinitie, videlicet, Quhidder come the Fathir frome the Sone ? or the Sone fra the Father ? and quharefra come the Haly Gaist ? Quhilkis premissis being provin to haif being spokin be the said Andro, in presence of George Wilsone, Thomas Broun, cutlar, and Dauid Watsone, malman, 2 cietineris, suorne befoir the eldaris in presence of Andro Howburne, the minister monysed, be avise of the eldaris, the said Andro to desist fra sic lyke in tymes cuming, under the payne of excommunicatioun, reservand forthir punischement to the civile sworde, &c. [Here follows the 6 Statute of almows, 1 which has been copied on the first page of the Register, immediately under the title, and which only differs from that copy in the spelling, and in the few following words: — ' vigesima sextaj for 6 xxv t0 ' ; 4 day,"* omitted ; £ statutes and ordeynes," for 4 divisis and statutis ; , and the addition of three final etceteras.] Petitio Dauid Gude- lawde, &c. Richt venerable minister and eldaris, unto your wisedomes, humilie menis and schawes, Dauid Gudlawde, That now it is not unknawin that Margaret Archibald, my spous for the tyme, and Cristyne Petbladow hir moder, spous to umquhile Andro Archbald then on lyfe, in the yeir of God m° v c xxiiij yeris, departed furth of this realme, by 3 the knawlege or consent of ony of us ther said husbandis, being baith suspected adulteraris, as the died lies schawin in the said Margaret, be defyling of my bed, takin ane uthir party in praetended matrimony xxxv yeris bipast. In quhilk tyme I haif led ane continent lyfe, withowtin ony suspicioun imputed to me. And now, haifand respect to my aige that I may nocht be at ease allane, and fmdand Catheryne Niesche, ane chaste virgyne past xl yeris of aige, hes procured hir consent to be juned with me in the band of matri- mony ; and therupoun hes gevin my faith and promise be wordes of the praesent tyme, according to the custome used in 1 Loaf. 2 Should be maltman. 3 Without. ST. ANDREWS KIRK SESSION. 45 tymes bipast. Beleving na impediment to haif beyne maid to the completing, we haif conversed together, tresting also, as yit I trest surelie, the said Margaret is decessed ; and also our bannes being proclamed dewlie, na persone come to schaw ony impediment knawin to us, except that we are informed that friendis of the said Margaretis solistes to differ our actioun. Heirfor, I beseik your wisedomes to grant to me ane edict, to be executed in sick public maner, as is maist decent upoun sa few daiis as the law provydes ; and that onlie for the weale of the woman, that standis in great displeassour and melancoly, becaus sche is cumin to sa great aige withowtin reproche, and now is deceved by 1 baith our knawleges. Forder lang dilay may be praejuditiall to our caus, in sa far as I haif bott twa witnes in this realme ; and gif ony of them sail inlaik, I am not of puissance to procure probatioun furth of far cuntreyes ; albeit commoun voice and fame is the same, gif that wer sufficient. Decimo sexto Marcii, 1559. The quhilk day, the minister and eldaris of this reformed kirk of Sanctandrois decernis ane edict in the caus forsaid, upoun fourscoire daiis, with intimatioun to the party to be summond ; with certificatioun, gif the party summond compere or nocht, that the saidis minister and eldaris will procede be public edictes to actes judiciall, as salbe nedefull in the said cause, to the finall sentence geving ; and that James Brand and Alane Steill witnes be produced in the meantyme, and examin- ated ad J'uturam rei memoriam propter metum mortis aut alius diutinae absentiae. Mandant et praecipiunt minister et seniores ecclesiae Chris- Edictum tianae apud civitat[em] Sanctiandreae in regno Scotiae, consis- Gudelaw tentis, per hujus edicti publici januae templi parochialis civitatis praemissae affixionem, citari prout re ipsa citant Marg[a]ritam Archibald sponsam (priusquam se ab illius con- tubernio separaret) Dauidis Gudelawde civitatis praedictae civis quod compareat coram eis in loco ad jura reddenda et Against. 46 REGISTER OF causas audiendas, intra civitatem ipsam jam sepius dicta[m] destinato, octuagesima die juridica citationem hujuscemodi ipsorum proxime et immediate sequent e, si dies ilia juridica fuerit, alioqui die juridica inde proxime sequutura ad videndum et audiendum causam et actionem divorcii, propter adulterium per ipsam Margaretam patratum (quoniam ut refertur ipsam, Dauide viro suo in humanis agente, adhuc et superstite, alteri viro intra partes Datiae 1 sese copulasse, tertium praeceptum secundae tabulae, ubi scriptum est, ne adulteratfo] transgredi- endo) pro parte ipsius Dauidis, contra ipsam, ut ob hoc simpli- citer separentur disjunganturque, actis et terminis judicialibus, juxta ordinationem juris divini, servatis, moveri et intentari, certain reddentes ipsam, quod sive in termino superius limitato. ad effectum praemissum comparuerit, sive se contemptim et contumaciter absentaverit, ipsi minister et seniores, in causa et actione praedicta, ad instantiam Dauidis usque ad finaem diffinitivae prolatione inclusive juxta ordinationem juris divini procedent, ut sententia lata libera Dauidi in Domino nubendi potestas concedatur : proviso quod Margaretae personalis in- timatio si apprehendi possit publicum fiat sinminus in urbe aut villa ubi magis continue moram trahere dinoscitur apud domicilium (si quod habuerit) de praemissis certior reddatur has vero edicti litteras huic januae affigi mandarunt, ne veri- simile sit apud quempiam incognitum remanere, quod tarn Gudlawd. publice et patentur cunctis est manifestatum. Datum sub sigillo quo in similibus utimur et subscriptione scribae ipsorum ministri et seniorum, apud civitatem Sanctiandreae, die decimo sexto mensis Martii, et secundum supputationem ecclesiae Scoticanae anno Domini m° v c quinquagesimo nono. Dauid Spens diaconus in ecclesia praedicta ac scriba coram ministro et senioribus praedictis manu mea exaravi, etc. Sequitur tenor executionis edicti praemissi etc. Die decima septima Martii anno quo supra ego Georgius Blak diaconus ecclesie et congregationis Christianae reformatae Daa'ae, Denmark. ST. ANDREWS KIRK SESSION. 47 apud civitatem Sanctiandreae accessi ad principalem januam templi parochialis ejusdem ex parte australi ipsius templi con- stitutam et ibidem valvis dictae januae praesens edictum affixi ipsumque per totum tempus sermonis in dicto templo habiti stare permisi Margaretam Archbald supradictam secundum tenorem ejusdem citavi coram Magistro Joanne Lawmonth, Thoma Flemyng, et Dauide Spens, testibus rogatis et requi- sites. Georgius Blak manu propria. Richt worschiphull minister and eldaris, of the Chris tiane Gudeiawd. congregatioun within the cietie of Sanctandrois, unto your wise- domes humilie menis and compleanes Dauid Gudelawde, cietiner of the said cietie, upoun Margaret Archbald : that, quhare I being joyned with the said Margaret in the band of matrimony, and keipand to hir ane gude, trew part, conforme to the law of God, nochtheles, in the yeir of God 1524, withowt my consent or knawlege, sche departed over see to the realme of Denmark, and ther juned and gaif hir body to Hanis Boukle, alias Buckijlis, defyled my bed, committed adulterie, buyr twa bayrnes ; quharthrow is permitted to me, be the law of God, to be divorced and separated fra the said Margaret, and absolved and relaxed of the band and contract maid and solemnized betuix us in matrimony, with fredome and libertie to contract and solemnized matrimony with ane uthir lauchfull woman according to Goddis Word : heirfore, I beseik yowr wisdomes to ressave my probationes, and witnes upoun the premissis, quhilk being sufficientlie provin, that ye decerne be yowr sentence the said Margaret ane adulterar, and me therfor to be divorced and separated frome hir, relaxed and absolved fra all band and contract of matrimony maid betuix us, and fredome and libertie to contract and solemnized matrimony with ane uthir lauchfull woman, according to Goddis haly Word, &c. Die vigesimo nono August}, 1560. Per ministrum et seniores. The quhilk day, compered Dauid Gudlawde, and produced Gudelawde. ane summondis, executed upoun the kirk dur of Sanctandrois, 48 REGISTER OF under forme of edict, the xvij day of Marche, 1560 ; and ane wryting fra the minister of Lund, in Denmark, interpret furth of Danis language in our vulgare toung be Williame Christe- sone, 1 minister of Dundee, makand mentioun that the said minister haid ressavit the said citatioun to be intimate to Margaret Johne Buklys ; and desyred witnes to be ressavit upoun the pointtis of his abone writtin clame ; and produced Alane Steill, quhei wes sworne and examinated as his deposi- tioun forsaid makis mentioun. Therfore it is statute be eldaris to produce uthir witnes liter atorie, in presence of Dauid, and in peane of contumace and nocht compearence of Margaret, summond, be the edict before inserted, the xvij of Marche abone writtin. Eodern die etc: 2 Decretum. The quhilk day, compeared James Baveriche, cordiner in this PhenSoun, cietie, and Elizabeth Phenisone, as in the terme assigned to Seres. decide the matter et caus betuix the saidis James and Elizabeth and Andro Seres, anent th[e pro]mise of mariage maid first to James Baveriche, and therefter to the said Andro. And now the caus being rypelie consydered and seyne be the minister and eldaris, Mr. Knox being consulted heimpoun, lies founden the said Elizabeth to be the wyfe of James Baveriche, and ther- fore to adhere to him, and therfor the said Andro Seres to be fre to mary quhome he pleassis, in the Lord. This beand decreted in judgement, the said Elizabeth to compere on Sounday nixtocum, and ask God and the congregatioun for- gevenes of the offens and sclander, done be hir in making the secound promise to Andro Seres. 1 Christesone was appointed to Dundee in July 1560 — the same time as Good- man was to St. Andrews. He was a member of the first General Assembly in the following December, and attended thirty-eight of the sixty succeeding Assemblies, and was Moderator in July 1569 (Scott's Fasti, iii. 684). He died in 1603 (Maxwell's Old Dundee, p. 129). 2 These words are the last on a leaf ; and ' the quhilk day ' are the first on the next page, which seems at some time to have been the outer page of the volume, as it is much soiled, and has suffered from damp ; but there does not appear to be anything wanting. ST. ANDREWS KIRK SESSION. 49 Responsum ministri de Lund in Datia. Jhone Olufson, called Spaidmaker, minister of Lund, in Gudiawde. Skonesyde, confessis that he lies ressavit ane litter of summondis, writtin in Sanct Androis the 17 of Marche, 1559, frome ane called Williame Raa, burges in Elsinger, concerning ane woman called Margaret Johne Bucklijs, the quhilk he promissis to praesent in judgement before capltulo Lundensis juridice, the Monday efter Joannls Baptiste, and swa to send the same litter of summondis hither with ane sure ansuer to the same, &c. Interprete owt of Denis languaige be Williame Cristesone, minister of Dundee. The quhilk day, viz., ocxix August'^ Alane Steill being pro- duced be Dauid Gudlaud witnes in the said caus, sworne and examinated, depones and clearlie priefis the contentes of the bill and summondis forsaid to be trew. Cansam scientie ?*eddit that he wes in Margaret Archbaldis hows thre quarteris of ane yeare, and hard hir confes as is libellated. Die Jov'is quinto mensis Septemb?is, 1560. The quhilk day, in the actioun and caus of divorce moved Gwdeiawd. be Dauid Gudelawde against Margaret Archbald, alias Johne Buklijs, to prief forther in the caus forsaid, compered Dauid, produced James Brand witnes in the said matter, quhai, being sworne and examinated, depones conforme to Alane Steill as to the pointtis libellet ; therefor it is statute to pronunce litera- torie. Sententia Gudiawde. With incalling of the name of the lyving God, we, minister [Sententia] and eldaris of this Christiane congregatioun of the cietie and Gudelaude * parochin of Sanctandrois, judges in the actioun and caus of divorce, moved before us be Dauid Gudelawde, cietiner of the said cietie and membir of the said congregatioun, against Margaret Archbald his spows ; for hir departing over sea to ane fare countrey, fra the said Dauid withowttin his consent and knawlege, to the realme of Denmark, in the yeir of God ane thowsand fyve hundreth twenty four yeris ; and ther continualie remaning lies, under pretens of matrimony, ad[j]oyned hirself D 50 REGISTER OF and gevin hir body to Johne Boukle, conceved and borne to him thre bayrnes, defyled the bed of the said Dauid, com- mitting the filthy syn of adultery ; as at lenth is conteyned in the said Dauidis petitioun before us produced against hir ; the forsaid Margaret beand lauchfullie summond be our publict edict, upoun the praemunitioun of fourscore dayes, to compeir before us at certane day and place, at the instance of the said Dauid, to ansuer in the said caus of divorce, to the finall end and sentence geving therin, in all dietes and actes judiciall ; and lauchfull intimation therof maid be the minister of the kirk of Lund, in Denmark, quhare the said Margaret makes residence : we with detfull ordour haif proceded, and being rvpelie advysed with the said petitioun, together with the testimony and depositioneis of famose witnes, and all uthiris deduced in the said caus, findis the forsaid petitioun, and adultery committed be the said Margaret, sufficientlie provin : haiffand heirfore God onlie befoir our eies and the testimonie of his Word, be this our sentence diffinityve pronunces, de- cernis and declares the said Margaret Archbald ane adulterar, and therfore the saidis Dauid and Margaret to be separated and divorced ; as be this our sentence we divorce and separate them simplie and perpetuallie ; and libertie 'to the said Dauid in the Lord to contract and mary ony uthir lauchfull woman, as he micht haif done before he wes conjoyned with the said Margaret. Pronunced upoun Thurisday, the sevin day of November, in the yeir of God m° v c and thre scoir yeris, at the instance of Dauid Gudlawde, and in peane of nocht compearence of Margaret Archbald, heirto summond in maner forsaid, &c. Followis the proces of Alexander Lathrisk in Kircaldy. Lo?dis S o? f thC ^ Lordis of Secret Counsale unto your lordschipes humelie Secrete Coun- menis and schawis I, your servitour, Alexander Lathrisk, ander°Lauth- indvvellar in Kirkcaldy : that, quhar it is notour and manifest risk in Kirk- to all sick as knawis Besse Svmsoun, sumtyme my spous, that caldy. sche dissociate hirself of my company nyne yeris syne with the mayr, and sensyne hes used hirself maist viciouslie, gevand the plesur of hir body alsweale to strangearis oppinlie and com- mounlie present in this realme for the tyme, as to sindry the ST. ANDREWS KIRK SESSION. 51 natyve lieges therof ; and lies borne bairnes to sindry persones; quherthrow sche maist ungodlie and falslie hes brokin and violated hir promise of mariage to me, and swa, be the ordour of Goddis Word plainlie reveled, partising audit to be led betuix us be the Kirk of God, and I releved and fred of hir, and sche to be left to condigne punischement of the civile magistrat ; nochttheles, the minister, eldaris and diacons, of the said toun of Kirkcaldy, refussis to tak the caus before them, withowt command of your lordschipes ; beseiking heirfor your lordschipes that ye will gif command to them to tak tryall in the mater and decyde therin, as Godis Word dois ordeyne, to his glorie and gude exemple of uthiris to eschew sick filthynes, but 1 stop or dilay, and your lordschipes ansuer humilie I besiek. Delibera tio dominorum. Apud Edinburgh, secundo Deeembris, anno etc. lx°. The Lordis requestes the ministeris and eldaris of Sanctandrois to procede and do justice [in] 2 this actioun within writtin, to baith the parties within expremed conform to the Word of God. Jamis. 3 James Stewart. 4 R. Boyde. 5 Wchiltre. 6 Cunnyghamhed. 7 Johne Erskyne. 8 Jhone Wischert. 9 1 Without. 2 Omitted. 3 James, Duke of Chatelherault, who had been Regent of Scotland after the death of James the Fifth. 4 Best known as the Regent Murray. 5 Robert, fourth Lord Boyd. 6 Andrew, second Lord Stewart of Ochiltree. In the text the scribe has at first written 'Walter,' doubtless supposing that it was Cunnynghamhead's Chris- tian name, but it has been afterwards altered into ' Wchiltre.' According to the Treaty of Edinburgh, 6th July 1560, the ensuing Parliament was to nominate 'twenty-four able and sufficient persons,' from whom the Queen was to elect seven and the States five ' to serve as an ordinary Council of State during her Majesty's absence' (Keith's History, i. 301). All those named in the text save Ochiltree are included in the twenty-four {Ibid. i. 326) ; but he was one of the twenty-nine from whom the Council of Protestants were chosen in October 1559 (Thorpe's Calendar of State Papers, Scotland, i. 119; Keith's History, i. 236). The Register of the Privy Council is blank from January 1553-4 to Sept. 1561. 7 William Cunningham of Cunninghamhead. 8 More probably the Laird of Dun than Lord Erskine. 9 Of Pittarrow. 52 REGISTER OF atatio The minister and eldaris of the reformed kirk and congrega- tioun of Sanctandrois, to the ministeris, eldaris and diacons of the alsua reformed kirkis and congregationes of Kirkcaldy and Aberdour, wisched grace, mercie and peace fra God our Fader and the Lord Jesus Christe, so be it. Forsamekle as be the Lordis of Christiane Congregatioun and Secrete Counsale therof lies, be ther letteres of request directed to us under theris or [at] 1 least certane of ther subscriptiones manuall, requested us to procede and do justice in this under writtin actioun and caus of divorce, intented and moved be Alexander Lawthrisk, in Kirkcaldy dwelland, against Elizabeth alias Besse Symsone his pretended and alleaged spous, for committing the filthy cryme and syne of adultery, brekand the thrid command of the secound table, quher it is writtin, Thow sail nocht commit adultery. And we, willing to obey the saidis Lordis requestes, in sa far as we may of equitie and justice according to the law of God ; and that the veritie, be just tryall in the said matter taking, may be searched owt diligentlie and maid knawin to us, and the faythfull kirkes and congregationes abone exprimed ; that ignorantlie as blind judges we procede nocht to ony act judiciall, in this sa ponderous and wechty causs, withowt trew cognitioun tayne rypelie in the same : heyrfore, consultatioun haid before, be mature deliberatioun therefter following, think- and it ressonable and maist conforme to justice, to procede ordourlie be ane summondis praeceding all act judiciall heirin- till be us to be observed, will we that the said Elizabeth alias Besse Symsone forsaid, be the tennour of this our edict to be publiclie affixed to the kirk durres of Kirkcaldy, upoun ane Sounday, the tyme of the preacheing or commoun prayaris to stand ther, be summond, warned and atteached ; quhom we alsua summond, warne and atteache be the tennour of thir presentis, anese, twyse, thrise, peremptourlie, to compear personalie before us, in the consistory hows abone the porche dur of the paroche kirk of Sanctandrois, upoun Weddinsday, the aucht day of the moneth of Januar nixtocome, in the houre of caus, quhare judgement is to be gevin and caussis to be heard ; and ther to heare and see cognitioun and tryall takin and proces led in the 1 Omitted. ST. ANDREWS KIRK SESSION. 53 actioun and caus forsaid of adultery moved and intented be the said Alexander against hir, witnes ressaved, sworne and to examinatioun admitted, and to finall conclusioun and deter- minatioun in the same to be hed heirin, in sa fare as the law of God sail licentiate and permitte us ; with certificatioun that albeid the said Elizabeth alias Besse Symsoun compeare the said day and place, or nocht, we will procede in the said matter, and minister justice according as Goddis law sail permitt, as said is, to our finall judgement heirintill, and in tymes cuming will use na forther summondis in youris kirkes forsaid ; bott, gif it salbe thocht expedient, we will use edictes upoun our consistory and hows of justice dur, sa oft as neid salbe. And the causs of this our maner of summoning is be public edict, becauss we are certanelie advertysed the said Elizabeth alias Besse Symsone to be ane vagabound haiffand na certane dwelling place ; bot gif sche ony certane place of residence suld haif beyne [assignit] 1 to hir, the same suld haif beyne in Kirkcaldy, quhare praesentlie the said Alexander remanes. Attour, that ye summond lauchfullie James Nicoll, Robert Cant at the Griene Hied, Thomas Tumour, to compeare day and place forsaid ; to beare leale and suithfast witnessing in the premissis, in sa far as thei knaw of ther conscience to be of veritie, as thei sail ansuer to God. The quhilk thinges to do, we com- mitte to yow and ilk ane of yow our full plane power, be hir 2 our letteres and edict public, be yow dewlie execute and indorsate, agane delivering them to the bearar. Gevin under our sele quhilk we use in sick caus, and subscriptioun manuall of our minister, at Sanctandrois, the xiij day of December, 1560. Christophor Goodman, minister. Mr. Alane Lawmontht. Johne Motto. Dauid Walwod. Tenor executionum edict i praeinserti. Upoun Sounday, the xv dav of December instant, we, Lawthrisk. minister, eldaris and diacons, of the reformed kirk and con- 1 Omitted. 2 Should be thir. 54 REGISTER OF gregatioun of Kirkcaldy, publiclie in the paroche kirk of the same, in tyme of commoun prayaris, haif sunnnond, warned and atteached Elizabeth alias Besse Symsone abone writtin, and affixed this present edict upoun the dur of the said kirk, according to the tennour of thir presentes, be thir our subscrip- tiones manuall, &c. George Scott, minister. 1 Johne Quhyt, eldar. Dauid Hay, eldar. George Bawcanquell, eldar. The xxij day of December, I, Johne Patersone, 2 minister in Aberdour, upoun thir abone writtin James Nicholl, Robert Cantt and Thomas Tumour, dwelland within the paroche of Aberdour, efter the tennour of this present, I haif summond the said persones oppinlie before the congregatioun : this I haif done under my subscriptioun manuall, and summond the said Besse, and affixed this edict on the kirk dur, efter the tennour heirof. Johne Patersone, minister, &c. Lawthrisk. Octavo die mens'is Januar'ii, 1560. Secundum supputationem ecclesiae Scoticanae. The quhilk day, compeared, in presence of minister and eldaris, Alexander Lathrisk, in Kirkcaldy, and produced the edict forsaid, execut and indorsate against and upoun Besse Symsone, in Kirkcaldy and Aberdour kirkes, the xv and xxij days of December last bypast, in payne of contu- macie and nocht compearence of Besse, summond lauchfullie in maner forsaid ; and produced ane testimoniall of the inhabi- tantes and maist honest men of Aberdour, subscryved with ane notar ledand ther handis in ane part, and partlie subscryved with some of ther awin handes, recognosced be James Nichol- 1 George Scott, brother of Thomas Scott of Abbotshall, was translated to Dysart in 1574 and died in 1582 (Scott's Fasti, ii. 514, 534). He was one of those appointed ' to represent the chapter in the Reformed Kirke' at the election of John Douglas to the Archbishopric of St. Andrews, and was present ; but ' tuike ane instrument that he condiscendit not' (Richard Bannatyne's Memorials, Ban. Club, pp. 222, 223). 2 So late as 1574, 'Johnne Patersoun ' is mentioned as 1 reidare at Abirdour,' with a stipend of £10 ( Wodrozv Miscellany, p. 363). ST. ANDREWS KIRK SESSION. 55 soun in Aberdour &c. And als tbe said Alexander produced tbre witnes, viz. James Nicbolsone forsaid, Robert Cant, taill- yeour, and Thomas Tumour, in Aberdour dwelland ; quhilkes witnes being produced and sworne wer examinated, as followes heyrefter, Szc. The inserting of the testimoniall forsaid of quhilk the tennour followis. The testimoniall, &c. Till all gude Christiane people, to quhais knawleage thir Lawthrisk. presentis sal [happin] 1 to come, the inhabitantis and nicht- bouris of the toun of Aberdour sendis greting in God everlest- ing : since meritoriouss it is, and to all gude Christianes of dewtie perteanes, to bear record and witnessing in matteris concerning the commoun weale, specialie to the suppressing of vice and oppin and manifest offendaris ; swa it is that Elizabeth, alias Besse Symsoun, nominat to be spous to Alexander Lath- risk, being notourlie knawin ane harlot of hir body to Frensche, Inglis, and Scottismen ; and being apprehended within the toun of Aberdour, in the monethis of Junii or therby last bypast, was put in ane cart and harlet throw the samyn and banist our boundis in tyme to come. We therfor be this write charitabillie requyres all gude people to use and handill the said Besse, quhare ever sche be apprehended, in lyke sort, that sick oppin transgressouris have na refuge. In witnes quhareof, we undersubscrivand, as maist part of the honestest men of the said toun, lies subscrived thir presentis, with our hand, at Aberdour, the xxiiij day of October, the yeir of God J m v c and sextie yeris. Sir Walter Patersone, vicare of Aberdour, with my hand. Lawthrisk. Johne Robertsone, officer of Aberdour, with my hand on the pen led be the notar under writtin. Alexander Hay, notarius de mandate dicti Joannis. Robert Wardin, with my hand at the pen. Walter Robertsone, with my hand at the pen. Thomas Dictioun, with my hand at the pen. James Williamsoun, baillie of Aberdour. 1 Omitted. 56 REGISTER OF Joannes Patersone, minister of Aberdour. Willi Ramsay. Johne Wardane, with my hand at the pen. Robert Crag, with my hand at the pen. Robert Cant, with my hand at the pen. James Smyth, with my hand at the pen. J hone Fyn. Walter Cant, with my hand at the pen. Williame Alexander. Francisce Cwke, with my hand. Johne Boid, with my hand at the pen. 1 Johne Gibsone, with my hand. 1 Considering the state of education and the difficulty of acquiring it previous to the Reformation, it was no discredit to ' the honestest men ' of Aberdour that so many of them could not write their own names. It would be easy to multiply instances of more culpable ignorance, but two must suffice. In signing a charter in 1544, the Prioress and Prioress-elect of North Berwick were constrained to add to their names, ' wyth my hand at the pen ; ' and opposite the names of the twenty subscribing nuns are the equally significant words, ' wyth all our handis leid at the pen' {Carte Monialium de Norihberwic, Ban. Club, p. 60). And in 1566 the Countess of Huntly displayed the same inability in signing the marriage contract of her daughter (Stuart's Lost Chapter in the History of Alary Queen of Scots Recovered, p. 100). Probably Sir Walter Scott did the great Earl of Angus, otherwise known as 1 Bell-the-Cat,' no injustice when he repre- sented him as exclaiming : — ' Thanks to Saint Bothan, son of mine, Save Gawain, ne'er could pen a line.' — Marmion, Canto vi. 15. In those days great numbers were unable even to read, and many of whom better things might have been expected were far from being proficient in the art. In one of the satirical pieces of the Reformation it is asserted : — ' The Curat his creid he culd nocht reid.' Gude and Godlie Ballates, 1868, p. 180. Alexander Seaton, the fugitive Prior of the Black Friars of St. Andrews, in his letter to James the Fifth, avers that ' some of thame cane not read thair matynes who ar maid judgeis in heresye ' (Laing's Knox, i. 49). And by the General Provincial Council, in 1552, 'the clergy were enjoined to exercise themselves daily in reading' Hamilton's Catechism, 'lest their stammering or breaking down might move the jeers of the people' {Concilia Scotiae, vol. i. p. cliv). Such ignorance on the part of religious teachers would have been inexcusable even before the invention of printing, but on the eve of the Reformation was highly blameworthy. ' The learning of the Scotch Convent may not have been carried to a high pitch ; but such learn- ing as there was, was always found there. . . . Kelso had schools in the town of Roxburgh in the time of William the Lion, and Dunfermline had endowed ST. ANDREWS KIRK SESSION. 57 James Nicholsone, witnes abone exprimed, 1 produced, sworne Lawthrisk. and examinated, depones, he wes present with uthiris divers, quhen thei tuke Besse Symsone owt of Thomas Turnouris hows of Aberdour, being companied with Johne Gibsone and uthiris divers, quhom to selie wes ane quhore, to Inglismen and Scottis soldiouris ; and put hir in ane cart and caried hir throwch the toun of Aberdour, quhai nochtwitlistanding hir careing sche thocht na schame therof, and said sche wald abuse hir bodi and be ane huyr, and 2 thei wer all hanged, &c. Robert Cant, tailveour, in Aberdour dwelland, depones con- forme to James Nicholsone; and that sche wes in company with Inglismen in Halyfald, be the sea syde in the Hewches betuix the Brount Ileand and Aberdour. schools in the city of Perth at least as early ' {Scotland in the Middle Ages, p. 135). The schools of St. Andrews reach back to a still more remote date, for they 'appear to have been of note as early as a.d. 1120' {Concilia Scoliae, ii. 290). But it was two centuries after the death of William the Lion ere the University of this city was founded, and for many years it had no buildings of its own. In 1496 the earliest Scottish Education Act ordained ' that all barronis and frehaldaris that ar of substance put thair eldest sonnis and airis to the sculis fra thai be aucht or nyne yeiris of age, and till remane at the grammer sculis quhill thai be competentlie foundit and have perfite Latyne ; and thereftir to remane thre yeris at the sculis of art and jure' {Acts of the Parliaments of Scot- land, ii. 238). When such men had to be compelled to send their eldest sons and heirs to school there must have been few scholars. Immediately before the Reformation there are said to have been more than three hundred pupils at Andrew Simson's grammar school in Perth (Row's History, Wod. Soc. p. 8). But this must have been a very exceptional case, for in 1562 Ninian Winzet, the uncompromising opponent of Knox, declares that he had marvelled greatly how in times past, amid so much liberality towards religion and science in Scot- land, ' sa litle respect lies evir bene had to the grammar sculis . . . that in mony townis thair is not sa mekle providit thairto as a common house : and in nane almaist of al ane sufficient life to ane techear ' ( Certane Traclatis, Mait. Club, p. 26). There was a striking contrast between the Act of 1496 and the scheme propounded by the Reformers in 1560. They insisted 'that everie severall churche have a schoolmaister appointed,' and 'that no fader, of what estait or conditioun that ever he be, use his children at his awin fantasie, especi- allie in thair youth-heade ; but all must be compelled to bring up thair children in learnyng and virtue' {First Book of Discipline, fifth head). Vet long after- wards scholars had occasionally to contend with difficulties which are undreamt of in these days of School Boards. In 1715 the boys attending the grammar school of St. Andrews, were, for want of benches, ' necessitat to wreatt upon ther floor, lying upon ther bellies' {Minutes of St. Andrews Town Council, vol. v). 1 Expressed. 2 Although. 58 REGISTER OF Thomas Tumour ressaved, sworn and admitted, depones conforme to James Nicholsone in omnibus, etc. Quhilkes witnes, being produced, sworne and examinated, as is abone conteyned, decerned are testimonials 1 be the minister and'eldaris forsaid, in forme and effect as efter folio wes. Lawthrisk. The name of Christe Jesus, Sone of the eternall God, being incalled, quhai beares testimonie to our consciences the thinges following to be of veritie, we, minister and eldares of Christes kirk and congregatioun within the cietie of Sanctandrois, being requested and charged be the Lordis of Secrete Consale, and ther commissioun in wryte directed to us therupoun, haif takin cognition and tryall in the causs of divorce, moved be Alexander Lathrisk in Kirkcaldy against Besse Symsone his putative spouss, for the filthy cryme of of {sic) adultery be hir committed. The merites of the causs seyne and consydered, and we rypelie and maturelie avysed with certane depositiones of certane famows witnes, dewlie summond, compearand, ressaved, sworne, admitted, and examinated be us, in peane of nocht comperence of the said Besse, be our public edict to that effect lauchfullie summond ; together with ane testimoniall in wryte, subscryved be ane notar and certane honest men of Aberdour and partis therto adjacent, dewlie recognosced : findes that the said Besse Synsone (sic) [is] 2 ane polluted and filthy adulterar, sa comprehended, gevand hir body to diverss men, in the towne and parochin of Aberdour, withowttin ony signe of repentance schawin be hir ; and heirfore, be the law of God, maist justlie the saidis Alexander and Besse to be dyvorced, Lawthrisk. separated and divided, and libertie to the said Alexander to mary in the Lord ; and the said Besse to be committed to the civill magistrates, to be punisched as Goddis law praescryves : referring and committing the pronunciatioun and publicatioun of the sentence to the minister of Kirkcaldy, to be publiced and pronunced in the congregatioun committed to his cure, as becomes him of his dewtie toward the membyris of his flok. 1 Their decision was doubtless thus designated because the sentence was not formally published by them. 2 Omitted. ST. ANDREWS KIRK SESSION. 59 Thir thinges to be sa in died, as are abone specified, we testifie be thir presentes, subscryved with our handis, and the hand of our scribe notar under writtin, at Sanctandrois, the ix of Januar, 1560, &c. Sententia Elizabeth Gedde contra Villiam Rantoun. With incalling of the name Christe Jesus, Sone to the eter- Sententia, nail and everleving God, quhai is the way, the veritie, and the Rantoun, lyfe, quhome we, the minister and eldaris of this reformed kirk dlvorcit - of Sanctandrois, takes to witnessing of our consciences, that we, takand cognitioun in the actioun and caus of divorcement or party sing, moved and intentated by Elizabeth Gedde against Williame Rantoun hir praetended husband, for the filthy and abhominable cryme and syne of adulterie committed be him with Margaret Aidnem ; the parties petitioun, ansueringes, richtes, reasones, jures, and allegationes, with the testimonies and depositiones of witnes, and all uther thinges concerning the said matere, before us produced in presence of men of great eruditioun, with quhome we communicated the secretes of the said caus and matter, and with us and them being heard, seyne, consydered, and rypelie understand ; haiffand respect to the dilatioun gevin in to us before the moving of this causs, upoun the filthy cryme forsaid of adulterie committed be the saidis Williame and Margaret, and the said William, being called and therof accused and examinated upoun his aith, perjuradlie denyed the same, and nevertheles therefter the saidis Williame and Margaret oppinlie, singularlie, and lamentablie, in the faice of the congregatioun assembled within the paroche kirk of Sanctandrois, confessed the forsaid cryme of adulterie betuix them committed ; like as the said Williame also hes also con- fessed the [like] 1 in this caus judicialie before us; and sa be confessioun of partie and depositioun of famos witnes, we fynd the said William gyltie, and the said Elizabeth innocent, and justlie of the law of God aucht and suld be divorced and shn- pliciter partysed fra the said Williame hir praetended husband ; and heirfore, be this our sentence diffinityve, pronunces, decernes, 1 Omitted. 60 REGISTER OF and declares, the said Williame ane perjured adulterar, and the said Elizabeth innocent divorced, and fre of the company and societie of the said Williame, with full power to hir according to the law of God to mary in the Lord ; and the said Williame to be haldin and reputte ane dead man, worthy to want his lyfe be the law of God, quhen ever it sail pleas God to stirre up the heart of ane gude and godlie magistrate to execute the same with the civile sworde ; to quhome we will that this our sentence prejudge nathing, bott committes the same to him, quhen it salbe thocht expedient and ganand 1 tvme to tak forth er triall and cognitioun heirintill, according to the law of God forsaid : be this our sentence diffinityve, subseryved with our handes, pronunced judicialie the thrid day of Januar, and publiced in the faice of the congregatioun the twelft of the samyn, 1560. Followis the process in the causs of divorce betuix Alexander Clerck against Agnes Schevez. 2 The Petitioun, &c. Pctitio Worschiphull minister and eldares of the congregatioun Chris- tiane of this reformed cietie of Sanctandrois. Unto your wise- domes humilie menis and schawis your Christiane brother Alexander Clerck, upoun Agnes Schevez sumtvme mv spous : that quhare, in the veir of God j m fyve hundreth fourty seavin yeris, promise of mariage wes maid betuix me and the said Agnes, and the same alreadie completed before God albeit 1 Suitable, fit. 2 This is the first entry on the page, but there is a considerable space left blank- above it, and there is also a blank space at the bottom of the next page, where this case ends. It may therefore be inferred that some at least even of these continued cases were inserted in the Registe?- on the respective dates which the various entries bear. And the isolated position of the entry immediately preced- ing the above confirms the inference, for if the clerk had not begun to record the ' clame of Elizabeth Gedde' {supra p. 37) until the sentence was pronounced, the whole of the case would have appeared together. On the other hand, the short entry on p. 27 must have been written at a date subsequent to that which it bears — hence its position, partly in the margin, and hence too its statement, 1 Johne Knox beand at that tyme minister.' ST. ANDREWS KIRK SESSION. 61 solemnizatioun therof wes nocht haid before the congregatioun, nevertheles, I standing ever trew and anefald 1 to hir, sche, immediatlie efter the said mariage betuix me and hir contracted as said is, brekand the thrid command of the secound table, committed adulterie with Henrie Balfour ; quhilk adultery is evidentlie declared, in that ther is ane bairne gottin betuix them. Beseikand heirfore your wysedomes to inquyre diligentlie and tak probatioun heirupoun, and, gif sa beis founden as I haif alleaged, to decerne and declare the said Agnes to haif brokin mariage and committed adulterie ; and therfore me and the said Agnes to be separated and put syndry, with power to me agane to mary in the Lord God, as his maist haly law permittes : this of your juditiall authoritie implorand maist humelie, &c. Die Mercurii ana!" 0 Februar'u, 1560. Per ministerium eccleslae reformatae Sanctiandreae in dominicula supra port icum templi parochialis. The quhilk day, compered Alexander Clerk and produced the petitioun forsaid, in peane of contumace of Agnes Schevez, and in hir absence the ministerie forsaid decerned the copy therof to hir, to ansuer therto on Fryday nixtocome, with certificatioun to hir beand warned to compere the said day or nocht, thei procede and ministre justice in the said matter, according to the law of God, and receve probationes upoun the said petitioun, quhidder sche compere or nocht. And immediatlie heirefter, the said Agnes, the dayt heirof, comperand, confessed the contentes of the said petitioun toward the thinges therin laid to hir charge ; and therfore the said ministerie, judges on this behalf, lies set and statute Fryday nixtocome, for to pronunce for the part of the said Alexander, becaus of the confessioun forsaid, and notorietie of the cryme be hir committed being maist manifest, &c. Die Veneris vigesima prima mensis Februarii, 1560. The quhilk day, in the actioun and caus of Alexander Clerk and Agnes Schevez tending to divorce, the minister and eldares decernes them to be separated, be reason e of adulterie com- mitted be the said Agnes, with licence to the said Alexander 1 Upright, guileless. 62 REGISTER OF to mary in the Lord agane ; and warnes the parties Alexander and Agnes to compear on Sounday nixt to come, the xx3 of Februar, to hear the sentence of divorce publiced in the faice of the congregatioun hi uberiorijbrma, etc. Sententia Clerk contra Schevez, &c. Seufentia. With incalling the name of Christe Jesus, Sone of the er , c evez. ae -j- erna n anc [ everleving God, quhai beares leale and sutlifast witnessing to our consciences, we, the ministerie of the Chris- tiane congregatioun of this reformed cietie of Sanctandrois and parochin therof, judges in the actioun and caus of divorce, moved and intentated before us be Alexander Clerk against Agnes Schevez his prsetended spous, for the cryme of fornica- tioun or adulterie committed be hir with Henry Balfour, to quhome sche lies borne ane bayrne, transgressing the the (sic) thride commandment of God in the secound table, quhare it is writtin, Thow sail nocht commit adulterie : lykeas the said Alexanderis petitioun, gevin in before us therupoun, at mavr lenth proportes and beares in effect. The said petitioun, with ansuering, ther reasones and allegationes, with probationes, and namelie the said Agnes confessioun maid in our praesence juditialie, the caus and cryme being manifest and notoriouss, and all uthir thinges concerning baith the saidis parties being be us heard, seene, consydered, avysed with all, and rvpelie understand ; and we therfore, findand the said caus lauchfullie provin before us, and sa to be as is be the said Alexander alleadged and proponed, decernes, pronunces, and declares the said Agnes, for the cryme forsaid of adulterie be hir committed, to be cutted of, divorced, and separated fra the said Alexander, and in tyme cuming nocht to be reputed and haldin for his spous or wyfe ony mair ; to the said Alexander permitting agane newlie to mary quhome it sail pleass him, sa the same be lauchfullie in the Lord and according to the law of God : be this our sentence diffinityve, pronunced in judgement the xxj of Februar, and decerned heir in praesence of this Christiane congregatioun to be publiced this Sounday, the xxiij of Februar, month forsaid, 1560. ST. ANDREWS KIRK SESSION. 63 The process of Alisone Calland against James Alexan[der]. Petitio Supplicatoria. My lordis, minister and eldares of the Christiane congregatioun Petitio. of the cietie of Sanctandrois. Unto your lordschipes humilie Alexander, menis, complenis and schawis, I, your servitrice, Alisone Cal- land, upoun my pretended spous, James Alexander, induellar in the toun of Sanct Monanis : that quhare we, of the corrupted Papisticall maner, wer contracted and maryed, in the monetli of Januar in the fiftie audit yere of God ; be virtew of the quhilk, efter the praetended solemnizatioun of the said mariage, I remaned with him to the secound day of the moneth of Maii nixt therefter ; and albeit the said James aucht and wes obliste of the law of God to half honored, entrietted, gevin and rendered dew benevolence to me, as husband aucht to haif done to his wyfe ; and nocht to beare impyre abone me as ane tyran. Nochtheles abusing the said entrieting daylie and continualie, [he] 1 manisched, 2 reproched, and bacbyted me, all my lynage and ofspring, saying that he haid entered amang theves, bordalleris 3 and beggares ; and at tymes, in his furie and anger conceved against me without ony deserving, wald say, with ane proterve 4 and severe visage and cowntenance, with his hand upoun his quhingar, that he wiste quhat held his hand, bot he suld thrist his quhingar throch my cheikes. Throw quhilk severitie and frawardnes, I wes maid saaff rayed and abased that I durst nocht gudlie, nor yit dar accompany with him, for feare of my lyfe. And albeid the said James, my praetended spous forsaid, the said secound day of Maii, withowt ony occasioun or ofFenss maid be me to him, maisterfullie repudiate and putt me furth of his hous, denuding me of his company ; and that same nicht and continualie sensyne hes remaned, having with him in company ane servand woman of his awin, called Elizabeth Cwke, quhai lyes continualie and nichtlie in chalmer with him ; and is beleved, be the judgement of niehtbouris nixt adjacent to him, that he entreates the said Elizabeth in bed and buyrd, and 1 Omitted. 3 Haunters of brothels. 2 Threatened. 4 Furious. 64 REGISTER OF schawis sick familiaritie to hir as man dois to his wyfe in all sorttis. [Here she condescends to several particular charges against her husband ; but does not repeat all his 6 railling and filthy langage that is nocht to be spokin and recited amangst Christianes.'] Beseiking your lordschipes heirfore, with the weale avysed counsall of the eldaris of this said cietie, to call the said James Alexander before your lordschipes and them ; becaus, we are destitute of ministeris and eldares, and in sick cais, for justice to be haid in tymes bypast, hed ever recours to the said cietie of Sanctandrois as place of justice, &c; and tak diligent inquisitioun and triall in the premissis. And gif it beis founden, the said James Alexander to be culpable heirin- till, alsweale toward his severitie and frawardnes, as adulterie, defowling his body as said is, and can nocht lauchtfullie be maid quite and clene therof be his nichbouris adjacent to him, that I may be divorciat and asundre fra him, with licence to me in the Lord God to joyne my persone in lauchfull matrimony to ane uthir, according to the law of God : and your ansuer humelie I besiek, &C. 1 Die quinto mensis Mardi, anno Domini m°v c sexagesimo. Caiiand, The quhilk daye, comperis Alesone Calland and producis ane libellat citacion, formit according to the tenor of the peticione befoyr wryttyn, executit and indorsat ; tharin James Alexander summond, and he comperand, the foyrsaid citacion red in his presens ; bayth the saidis parteis submittyng tham to the jurisdiccione of this ministerie, and to the disciplin of the kyrk : James denyis the libell. The ministerie statutis to Aleson Wedinsdaye, the xj day of Marcii instant, to prev hyr libell : parteis heirto summond be actis. And at desyr of Jam[es] Alexander, Thomas Martyn citionar is becumin caucion for James Alexander that [he] 2 sail obey and fulfyll the jugment, determinacion, and sentence of this present ministerie in this present caws, under payn of payment of twenty lib., as sowm liquidat to be rasit and distrubutit to the puyr ; and James Sandelandis of Inuery 3 oblesis hym to relev Thomas Martyn of 1 This is the last entry in the writing of David Spens. 3 Omitted. 3 Invery is the old name of St. Monans. Wyntoun relates that 1 Saynct Monane,' one of Adrian's company, chose to lead his life at Invery, ' sa nere the ST. ANDREWS KIRK SESSION. 65 souertie foyrsayd. In lyik maner, Wiliam Pryngyll cordinar is becumin caucionar for Aleson Calland, under payn of twenty lift. ; and James Greg oblesis hym to relev Wyliam tharof. Die undecimo Marcii anno quo supra. The quhilk day, as in term assignit to Aleson Calland to Calland, preve hyr libell denyfit] be James Alexander, comperis Aleso Alexandt (sic); and, in presens of James, produces ane summondis executit and indorsat upon James Dwn duelland in Abyrcrumme, 1 Dauid Mayr thar, Male Stewynson spovvs to James Bynnyn in Sanct Monanfis], Margret Paige spows of Thomas Bynnyn in Sanct Monanis, Aleson Small spows of Iohn Strathaquhen, William Irland, Jhon Steynson, Margret Grundestoun, Margret Castaris, Elizabeth Mwyr, Margret Dyckeson, Janat Maleyn, Annabell Sunter, Jonet Dycson, Cristen Wylson, Thomas Cowpar, Joannes Mwyr, Andro Alexander, Schyr Thomas Symson, Andro Tray 11, Dauid Mwrdo, George Prat, Wiliam Gybson, Margret Cartar, Ihon Brown, Janat Myllar, Margret Bynnyne, Margret Maxtoun, Wyliam Zong, Symon Herreis, Robert Duncan ; quhilkis ar sworne and admittit in presens of James, and se,' and 'thare endyt he' (Laing's Wyntoun, ii. 85, 86). His cell, now con- verted into a cow-house, is still shown close beside the beautiful church erected by David the Second. But Dr. Skene identifies the saint with the Bishop of Clonfert of the sixth century, and thinks it probable that only his relics were brought to Invery {Celtic Scotland, ii. 314). Part of the lands of Inverin was granted to the monks of May by David the First {Records of the Priory of the Isle of May, p. x). James Sandelandis, who was laird of Cruvie as well as St. Monans, was in the Parliament of 1560 {Acts of the Parliaments of Scotland, ii. 526). In 1565, when it was 'thocht meit and convenient to depute and appoint the keping of the havynnis and commoun passagis ' within Lothian, Fife, and Angus, ' to trew and faythfull subjectis,' James Sandelandis was intrusted with those of ' Sanctmonanis,' 1 Kilmynnane,' and 1 Pettinweme ' {Register of Privy Council, i. 381). His descendant Sir James Sandilands was created Lord Abercromby in 1647, whose son sold the estate to the famous David Leslie, afterwards Lord Newark (Wood's East Neuk of Fife ; 1862, pp. 141, 269). 1 The village of Abercromby, which has dwindled into a few houses, is a mile to the northward of the burgh of St. Monans. In 1647 the Presbytery of St. Andrews disjoined the town and lands of St. Monans from the parish of Kilcon- quhar, and annexed them to the parish of Abercromby ; and this was ratified by Parliament in 1649 (Acts of the Parliaments of Scotland, vol. vi. part ii. PP- 433» 434). E 66 REGISTER OF singularlie examinated in presens of the boll ministerie. And Margret Rychartson, and James Dawson, summond, and exc[usit] be impediment of seiknes : at desyr of Aleson, and in presens of James, supplicacion is decernit to the ministerie of Anstroyer (quhar thai dwell) to examin thaim. And statutis to Aleson the xxvj of Marcii instant, to reproduce the sayd suplicacion ; and to bayth the parteis the xiiij daye of Maii nixt to cum, to compeyr befoyr the ministerie and heir pro- nuncede in the said caws. Followis the deposicionis of wytnessis examinated upon the puntis of the libellat summondis of Aleson Calland aganis James Alexander. 1 1 Thomas Dwn, dwelland in Abyrcrumme, ansueris that [he] 2 hearis common voce and fay me, that James Alexander lyis wyth Besse Cwyk and at it war gud sche war owt of his hows. He knawis na mayr. Dauid Mayr dwelland in Abyrcrumme is conform to Thomas Dwn wytness precedinfg]. 2 Male Symson, spows to James Bynnyn in Sanct Monanis, be hyr aytli deponifs] that, upon ane daye sche being in cumpany wyth James Alexander, hard hym [acknowledge his guilt with Elizabeth Cwyk ;] 3 and that common voce and fam beris record that James lyis wyth Elizabet Cwyk. 3 Margret Paige, spows of Thomas Bynnyn in Sanct Monanis, be hyr ayth deponis that sche hard James Alexander confes, in hyr awyn hows and [in] 2 presens of Male Symson wytnes preceding, that [he] 2 had lyin wyth Elizabeth Cwyk : and that common voce and faym beris record to the same. 4 Schyr Thomas Symson, sumtym ane chaplen, in his deposicion confessis that [he] 2 hard James Alexander confes, in the hows of James Bynnyn in Sanct Monanis efter departing of Aleson 1 The marginal numbers opposite the witnesses' names are incorrect in the Register. Though David Mayr occurs twice he is only numbered once. In the other cases, the mistake has arisen through the oft-recurring name of James Alexander beginning the line. 2 Omitted. 3 Modified. ST. ANDREWS KIRK SESSION. 67 Calland his wyf fra his cumpany, that that sam nycht [he had committed adultery,] 1 nocht specifiand the nam of the woman. 5 Dauid Mwrdo, servand, dvvelland wyth Stephyn Clark in Kylconquhar, deponis that he dwelt ane half year wyth James Alexander sen he was mareit wyth Aleson Calland, and at he and James Alexanderis son wated 2 James Alexander and Besse Cwyk, and saw the thing betuix tham that wes not lyklie. 6 Dauid Mayr, dwelland in Abyrcrumme, deponis that the 7 common voce and fame is that James Alexander hes carnall dayll wyth Besse Cwyk. 8 Margret Grundestown in Sanct Monans is conform to Dauid Mayr wytnes preceding. 9 Margret Castares in Sanctmonans knawis nathing bot com- mon face (sic) and fam ut supra. 10 Elizabeth Muyr dochter to Margret Castaris is conform to hyr mother. 11 Margret Dyckeson knawis nathing except common voce and fame. 12 Janat Maleyn, spows to Andro Dyschingtoun, knawis nathing bo 3 commone voce and fame. 13 Aleson Small, spows of Ihon Strathaquhen, deponis that the 14 common voce and fame is, that James Alexander lyis wyth Besse Cwyk, and at he makis his ruys 4 therof as sche hard say. 15 Annabill Sunter in Sanct Monanis knawis na forthir bot 16 common voce and fame is that James Alexander lyis wyth Besse Cwyk. 17 Janat Dyckeson relict of Ihon Small knawis na farther bot of common voce and fam ut supra. 18 Cristian Wylson, spows to Thomas Cowpar, deponis that sche saw Aleson Calland depa[r]t fra James Alexander gretand ; and sayis sche trowis James wyll not deny bot at he put hyr awaye. Item, as to his lying wyth Besse Cwyk, the common voce and fame hes beyn sua be the space of twa yeris bypast. 1 Modified. 2 Watched. 3 Should be bot. 4 Boast. 68 REGISTER OF 19 Thomas Cowpar 1 in Sanct Monanis knawis nathing bot com- mon voce and fame ut supra. 20 Jhone Mwyr in Sanct Monanis deponis that he hard James Alexander saye behind Aleson Callandis bak evyll talk of hyr, vidz., that he cam amangis theiffis bordellaris and beggaris. James and Besse Cwyk are evyll schanderit (sic) togethyr be common voce and fame. 21 Andro Alexander in Sanct Monanis knawis nathing bot common voce and fame ut supra. 22 Andro Trayll, dwelling in Sanct Monanis, deponis that com- mon voce and fam is that the caws of awaye puttyng of Aleson Calland fra James Alexander is Besse Cwyk. 23 George Prat, dwelland in Kylconquhar, deponis that James Alexander and Elizabeth Cwyk ar sclanderit be common voce and fame. 24 Wiliam Gybson in Kylconquhar knawis nathing bot of com- mon voce and fame. 25 Margret Cartar, familiar servand to James Alexander, examinat upon the puntts of summondis, denyis the hayll, except that sche confessis that Elizabeth Cwyk servand also to James Alexander lyis commonlie and nychtlie wyth the deponar, except sum nychtis sche passis and lyis in the chalmer, quhar James Alexander lyis, and in special sche lay thar the Sunday at nycht nixt efter followit Sanct Monanis day now last bypast. 26 Jhon Brown servand to James Alexander knawis nathing bot that ilka body sayis that James Alexander lies carnall dayll wyth Elizabeth Cwyk. 27 Janat Myllar deponis that common voce and fam beris record that James Alexander lyis wyth Besse Cwyk and at he mackis his rus therof. 28 Margret Maxtoun deponis that common voce and fame beris record of all the hayll poyntis and headis contenit in the libillat summondis. 1 In 1828 John Cowper died, in the parish of St. Monans, 'in his ninety- second year, in full vigour both of body and mind, a respectable farmer, whose ancestors and himself had occupied the same farm on the Abercromby estate for nearly 300 years.' ' There is every reason to believe that it is of this stationary family' that William Cowper of Olney writes: 'I am originally of the same shire [Fife], and a family of my name is still there' {Statistical Account of Fife- shire, 1845, p. 344). ST. ANDREWS KIRK SESSION. 69 29 Margret Bynnyne, dochter to James Bynnyn, deponis and sayis, that sche hard James Alexander confes, in hyr motheris hows and hyr presens, that the nycht preceding his confession he had lyin twys wyth Elizabeth Cwyk ; and in this also is conform to Male Symson hyr mother the secund wytnes : and that the common voce and fame beris record that James hes carnall dayll wyth the sayd Elizabet, and at sche lyis nychtlie in his chalmer quhen sche plesis. 30 Wyliam Zong, barber, citiner of Sanctandrois, deponis that now laytle in this last wynter, in the hows of Ihon Caddellis in Anstroyer, being present in cumpany wyth the deponar Ihon Caddellis, Margret Rychardson spows of the said Ihon, and thair servand, James Alexander oppynlie avansit and mayd his rus [that he had been guilty on the preceding night]. 1 31 Symon Herreis deponis and confessis that Elizabeth Cwyk lyis in chalmer wyth James Alexander : causam sciencie redd'it, the deponar was servand in hows wyth the said James in the symmer half year last bypast. He saw Elizabeth gang ben to the chalmer quhar James laye and to bed, and saw hyr ryis in the mornyngis and cum but. 2 Item, he confessis that common voce and fam beres record that thai have carnall dayll together. 32 Robert Duncan in Sandfurd 3 deponis and is conform to Symon Herreis wytnes preceding in al thingis, vidz., in caus of knawlege as deposition. Die xxvj mensis Marcii anno Domini m°v c lxi. The quhilk daye, as in term assignit to Aleson Calland to reproduce the supplicacion direct to the minister and eldaris of 1 Modified. 2 Come into the outer apartment. 3 Probably Sandford in Kilconquhar parish, which occurs in the Inquisitionum Retornatarum Abbreviate as ' Sanctfuird,' * Sanfuird ' and ' Saintfurd,' and in the Valuation Roll and best modern maps of Fife as 'St. Ford.' In Blaeu's map of the East Part of Fife, 1654, it is marked 1 Stanfurd ' ; and due north near the Tay, he shows ' Stanfurd Name ' and * Stanfurd Hay,' which, after being long indiscriminately written ' Sandfurde,' 'Sanctfuird,' or 'Saintfurd,' now bear the name of 'St. Fort,' though still called ' Samfurd ' in the neigh- bourhood. In the adjoining parish of Leuchars there is a place and its surround- ings known as ' Michael's,' but in the Valuation Roll and Ordnance Survey these appear as 'St. Michael's,' although the name was derived from Michael Irvine— a publican of this century ! 70 REGISTER OF the kyrk of Anstroyer, comperis Aleson, and reproducis the sam togethyr wyth the deposicionis of Margret Rychardson and James Dawsone : of the quhilkis deposicionis follouis the tenor heyrunder. The ministerie statutis to the parteis the xiiij of Maii nixt to cum to heyr pronunced in the sayd caws of divorce : parteis heyrto summond. 33 Margret Rychardson, spows of Ihon Caddellis, deponis and confessis sche hard James Alexander say he had actuall con- versacion wyth ane woman, bot sche knawis not the woman, nor hard hym not exrem 1 na tym and knawis no may[r.] 34 James Dawson, dwelling in the Wester Wemys, xix ye?a*is of aige prout asseruit, deponis and say is, that he hard James Alexander call his wyff, Aleson Calland, huyr and theif, and said he wes enterit amangis huris and theiffis. And also deponis that Elizabeth Cwyk lay continualie in the hows and chalmer wyth James Alexander, betuix the festis Wytsunday and Martymes last bypast ; and at it is suspectit that James Alexander had actuall conversacion wyth the sayd Besse Cwyk, and he hard syndry personnis saye the sam. Et reddit causam scie?icie, the deponar dwelt and remanit wyth the said Jam[es] Alexander betuix the saydis terms of Wytsundaye and Martymes. Die xiiij t0 mensls Maii anno Domini m°v c lxj. The quhilk daye, the minister and eldaris, being avysed wyth the proces of Aleson Calland aganis James Alexander, fundes James ane adulterar ; and decernis sentence of divorce to be put in forme, and the sam to be publesit this nixt Sundaye the xviij of Maii instant in the essemble of the congregacion of Sanctandrois, bayth the parteis to be summond to heir the sam pronunct ; in presens of Aleson and in payn of not comperance of James heyrto summond. Sentencia Cai- Wyth incalling the name of Crist Jesus, Sone to the eternall Alexander 72 an( ^ everlevyng God, quhai beris leil and suthfast wytnesing to our consciences, we, the ministerie of the reformed kyrk and con- gregacion of the citie and parrochyn of Sanctandrois, judges in the accion and caws of divorce, moved and intentadet befoyr 1 Should be exprem. ST. ANDREWS KIRK SESSION. 71 us be Alisone Calland aganis James Alexander hyr pretendit howsband, for the cryme and fylthy syne of adulterye, com- mitted be hym wyth ane woman called Elizabeth Cwyk, in that transgressing and brekyn the thrid commandiment of God in the secund tabile contened quhar it is wryttyn, Thow sail not commyt adulterie : lyikas in the peticion, produced and gevyn in befoir us therupon for the part of the said Aleson Calland, at mayr lenth in effect is conteyned ; the said peticion wyth ansuering therto, reasonis and allegacionis, wyth testimoneis and deposicionis of mony honest and famose wytnes, befoyr us summond, produced, sworn and examinated, and utheris thingis appertenyng and belangyng tharto, and parteis foyrsaidis con- cernyng, being be us hard, seyn, considered, avysed wythall, and ryplie understand ; communicating the secretis of the said accione and caws wyth Maister Jhon Wynram, Superintendent of Sanctandrois, and wyth his avysement and consent heirto : we, fyndand the caws alleged and proponed be the said Aleson conform to hyr peticion lawfullie and fullelie provyn, pro- nunces, decernis, and declaris, be this owr sentence diffinityve, the said James Alexander, for the cryme foirsaid of adulterie be hym committed, to be cutted [of] 1 and divorced and seper- ated fra the said Aleson, and in tym cuming not to be haldyn and reputed for hyr howsband ony mayr ; permytting the said Alesone agane newlie to marye quhome wyth it sail pleas hyr, sa the sam be lawfullie done in the Lord and according to the Word of God ; gevyng forder execucion and punyschement heirof, that is of the cryme of adulterie committed be the saidis James Alexander and Elizabeth Cwyk, to the temporall magis- trat,quhai is the Steward of the Regalitie of Sanctandrois, wythin quhais bowndes and jurisdiccion the said James remanis ; ex- horting, and als in the name of the eternall God requiring, hym that he punysche accordinglie as he maye, and als [he] 1 awcht and suld do of his office at this present ; be this owr sentence diffinityv[e,] subscrivit wyth owr handis, pronunced in owr con- sistoriall auditore the xiiij daye of Maii, and publesched in this congregacion this Sundaye the xviij daye of Maii, in the year of God m°v c lxj. Crostopher Gudman, minister, Mr. Alan 1 Omitted. 72 REGISTER OF Lawmonth, Mr. Thomas Balfowr, Jhon Moffat, Mr. Robert Pont, Thomas Martyn, Jhon Martyn, Jhon Wod, Mr. Martyn Gedde, Wylliam Monepenny, Dauid Wolwod, and Ihone Motto, elderis. Die xxj° Ma'u anno Anent the The quhilk day, the minister elderis and deaconis present sa it. consentis that, quhen ony of thame remanis and absentis thame Nota, selfis fra the sait ony W eddinsday, thai sail pay xij d. for thair absens ; and quha cumms efter thre houris sail pay yj d., thai being present in this citee or in the feildis therto adjacent; and quha sa beis absent quhill efter the preyar be done in the saitt ony Weddinsday sail pay iij d. ; and all that sueris ane aith in the sait, unrequerit and admittit to sueir, sail pay ij d. ilk fait to the puir. Die quarto Februarii 1567. 1 The quhilk day, the act immedietlie preceding ratifeit and apprevit be the sait, the Superintendent being present ; and if ony man depart befoir the sait ryis, wythout licience askit and obtenit, [he] 2 sail pay iij d. Heir followis the forme and tenor of the edict, executit in chergyn of the inhabitants of the diocy of Sanct- androis to the eleccion of Maister Jhone Wynram 3 in 1 This and the preceding entry appear to have been written at the same time, and are at the bottom of a page. 2 Omitted. 3 Wynram, whose name has occurred several times in the text already, was born in 1492. He appears to have entered St. Leonard's College in 15 13, and two years later took the degree of Bachelor of Arts. In 1532 he is mentioned as a canon-regular of the monastery of St. Andrews, and in 1539 as its Sub-Prior (Lee's Lectures, i. 340-342). Though he early showed his leanings to the new views, he kept himself out of serious trouble. In 1546 he preached at the trial of Wishart, and — according to Buchanan, Pitscottie, and Spottiswoode— inter- ceded for him after his condemnation, but was angrily rebuffed by the Cardinal. Next year he had a discussion with Knox in St. Leonard's yard (Laing's Knox, i- I 93" I 97) 5 an d in 1549 was a member of the Provincial Council (Conci/ia Scotiae, ii. 83). On several occasions he was one of the visitors of St. Leonard's College, and in 1550 there are 1 regulations about altars, copes, surplices, &c, ST. ANDREWS KIRK SESSION. 73 the office of ane superintendent, quhai wes elected and chosyn in Superintendent of FyfF, Fotheryk, and Strathern, wythin the parochie kyrk of the citie of Sanctandrois, upone Sundaye the xiij daye of Aprill, in the year of God m°v c lxj yearis, be the common consent of lordis, barronis, ministeris, eldaris, of the saidis bowndis, and otheris common pepill present for the tym, according to the ordor provydit in the Buk of Reformacion. 1 Seing that it hath pleased the mercy of owr God sa to Eleccione of illuminat the hartis of ane gret part of the consail, nobilitie, wynrarn In 116 and estatis, of this realme, that clearlie thei can discern betuix Superintendent ' 7 of Sanctandrois lycht and darknes ; and also sa to move them that, be plane diocesye. confession of thar fayth, thei have approved the puritie of doctrin and religion contened wythin his holy Word ; and last lies gevyn to tham his fatherlie grace to resaive, peruse, and which do not indicate any great desire on the part of Mr. John Wynram and his coadjutors to relinquish the most useless observances of the Church of Rome ' (Lee's Lectures, i. 343). The tradition which associates his name with the authorship of Hamilton's Catechism is not entitled to implicit belief, although something can be said in its favour (Professor Mitchell's Historical Notice pre- fixed to Hamilton's Catechism, 1882, p. xvii) ; but there can be no doubt that he was present at other three trials for heresy besides Wishart's, namely, those of Sir John Borthwick, Adam Wallace, and Walter Mille (Cattley's Foxe, v. 607, 637, 645). The Martyrologist relates that the absurd controversy as to whom the Pater Noster should be said was referred ' by the Holy Church to Dean John Winryme ' ; and he adds in a foot-note, ' This Winram is now become a godly minister in the Church of God, and a married man ' {Ibid. p. 644). As Super- intendent, he had the oversight of ' Fiffe, Perth, Straitherne, Clakmannan, Kynrose and Strevelingschire on the north syde of Forth, with Menteth ' ; and his stipend was, ' quheit ij chalderis, beir v chalderis, aitis iij chalderis, meill ij chalderis, money v c merkis ' {Register of Ministers, Exhorters and Readers , Mait. Club, p. 2). 1 The duties of the superintendents, and the mode of their election, are prescribed in the First Book of Discipline. The form and order used at the election of Spottiswoode as Superintendent of Lothian, on the 9th of March 1560- 1, will be found in the Book of Common Order. ' The number of persons elected as superintendents never exceeded the five who were first chosen. The office was one of a very arduous nature. It conferred no degree of superiority over their brethren ; it had no great pecuniary advantage ; while, like other members, they were subject to be censured, superseded, or deposed by the General Assembly. As their number was never increased, the Assembly from time to time appointed commissioners or visitors for special districts ' (Laing's Knox, vi. 386). 74 REGISTER OF approve the Buk of Reformacione, 1 offre[d] unto thar honouris be the ministeris and commissionaris of kyrkis ; efter the approbacion quharof the Lordis of Secreit Consail have directed thar chergfe] and commandiment to the ministeris, eldaris, and diaconis, of Lothyane, Fyff, Mernfis], Glasgow, Argyill, and of partis adjacent, requiring tham, and every diocy for the self, to propone be publict edict certan men in the said chearge specifyed ; to wyt, to the diocy of Edinburgh, Mr. Ihone Spottiswod ; to the diocy of Sanctandrois, Mr. Ihon Wynram ; to the diocy of Brechyn, Jhone Erskyn of Dwn ; to the diocy of Glasgow, Jhon Wyllok : to the diocy of Argyill, Mr. Ihon Carswall ; to be elected and appoynted superintendentis and owersearis, every man to the diocy assigned to his cherge. We, therfor, the ministeris, eldaris, and diaconis, wythin the diocy of Sanctandrois, to wyt, of the citie of Sanctandrois, and of the burro wis of Perth, Cowpar, Craill, Anstroyfer], Kyrkaldy, Dunfermling, &c, sa mony of us as convenientlie mycht be essemblfed], fyrst havvng respect to the gloir of our God and to the preparation of Cristis kyngdome wythin this realme, and nixt to our detful obedience to the superifor] poweris, have assigned Sunday the xiij of Aprill nixt to cum, to the elecc[ion] of the said Jhon Wynram to his foirsaid office and charge. And tharfor we most humilie requir, and, in the name of the eternall God and of his Sone Crist Jesus (quhois onlie gloir in this accion we seik), we charge erlis, lordis, bar- ronis, burgessis, ministeris, eldaris of kyrkis, and all otheris to quhom vot apperteins in eleccion of sic cheef ministeris, that thei be present wythin the parrochie kyrk of the citie of Sanctandrois the daye foirsai[d], immedietlie efter nyne howris befoir nuyn, to assist the said eleccion, and be ther votis to consent to the same, or ellis to oppone aganis the lvff and doctrin of the person nominated : and lyikwyis we requir and charge the said Jhon Wynram, to be personalie present the same daye in tym and place above expressed, to accept the chearge 1 The charge to Wynram, Dowglas, Spottiswoode. Willok, Row, and Knox, to draw up the First Book of Discipline, was dated the 29th of April 1560; and it was ready by the- 20th of the following month. The nobility 'did peruse it many dayis.' Knox has recorded the names of the principal men who sub- scribed it on the 27th January 1560-1 (Laing's Knox, ii. 129, 258-260). ST. ANDREWS KIRK SESSION. 75 quharwyth the kyrk sail burdfyn] hym : wyth certificacion to al and syndry that seing, wythowt the cayr [of] superintend- entis, neyther can the kyrk be suddenlie erected, neyther can th[ei] be retened in disciplin and unite of doctrin ; and farther seing that o[f] Crist Jesus and of his apostolis we have command and exempill to appoynt me[n] to sic chergis ; and now last that we have command of the upper power[is] to put the same in execucione ; we intend to proceid in the said eleccione according to the ordor of the Buk of Reformacione, nochtwythstanding the absence of ony personis. And this we notifie to all and syndrie wythin the said docesye, be this our publict edict subscrivit wyth owr handis at the citie of Sanctandrois, upon the twenty daye of the moneth of Marcii, in the year of God 1560. Cristofer Gudman, minister ; Mr. Alane Lawmonth, Mr. Thomas Balfowr, Ihone Moffat, Mr. Martyn Gedcle, Jhon Motto, Mr. Robert Pont, Ihon Wod, eldaris ; Dauid Spens, Thomas Wolwod, George Blak, diaconis of Sanctandrois. Die xxv t0 mensis Apr'dis anno domini m°v°locj. The quli ilk daye, it is provydit, statutit, and ordened, be the [statut anent Superintendent and holl ministerie, wyth consayll of the the adm^ssfoneo^ (sic) Provest of Sanctandrois, Rector and chief membris of the ministeris, ex. Universite, anent the tryall and admissione of ministeris in the readaris'.] hoi dioceye, that sa mony ministeris, exhortaris, or readaris, as ar alredy placed in kyrkis detfullie. that the Superintendent in his visitation tak tryall of every ane particularlie, be hearing of thar doctrin [and] 1 reading, in the kyrke [quhair] 1 thai ar placed, and inquir of thar lyff and conversacion be inquisicione amangis thar flok. And as concernyng the admission of otheris that ar not placed, it is ordened that, in tym cuming, al sic as pretendis to be admitted to minister in ony kyrk, wythin the bowndis of Fyff, Fotheryk, or Strathern, sail com- peir wythin this cite, at sic daye and place as salbe assignit to tham be the Superintendent, to be examinated, fyrst privatle upon the cheaf puntis and headis in controversy, and tharefter ane porcion of text assignet to the minister to declar in the 1 Omitted. 76 REGISTER OF pulpat in the essemble, and to the exhortar or reader to reid or exhort in the public assemble. [Parrochyn of Item, it is also ordened that the parrochyn of Sanct Leonardis ardis 1 ] 1 ^ 011 sa ^ e adjunit to heyr the word of God, and resaive the sacra- mentis and disciplyn, in the parrochie kyrk of the the (sic) citie of Sanctandrois, in tym cuming, aye and quhille mayr ampill forme of reformacion and religion incres and be had be the stablesched authoritie, and this wythowtyn ony prejudice of profitis pertenyng to Sanct Leonardis College. 1 [The provesttie Item, the Lady College Kyrk upon the hewch is decernit or the Kirkhi'n, suspendit, and ane prophane hows, 2 and sa to be haldyn upon the heuch, The quhilk daye all and syndry prebendaris of the Lade aU^ni^coming. College foyrsayd, and Provest of the sam, being lawfullie aric^— bend " summond be the Superintendentis letteres, to compeyr this i. Lameietham, daye and schaw thar obedience gevyn to the Quenis Grace Kingiassie, letteres and cherge, anent thar gevyn of thar confession of thar 3 Kynkeii, f a yth, and subscryving of the articlis, and obtenyng of thar 1 The greater part of the little parish of St. Leonard's is four or five miles from the city of St. Andrews ; but that part is, and probably has always been, very sparsely populated. Most of the parishioners live in the detached portions which are in St. Andrews and its outskirts. In his account of St. Leonard's, Dr. Buist gave several reasons for believing that it acquired the character and name of a parish in 1512 when the college was erected {Statistical Account of Fifeshire, pp. 498-500), but when he wrote, the Register of the Priory had not been printed. That the parish did not originate with the college is quite certain, for on the 22nd of December 1413 Wyntoun, who was a canon of St. Andrews as well as Prior of St. Serf's, produced the Register before the Official of the Diocese, ' in ecclesia parochiali Sancti Leonardi infra civitatem Sandiandree'* {Liber Cartarum Prioratus Sancti Andree, Ban. Club, p. 15). According to Hew Scott, James Wilkie, who succeeded Buchanan as Principal of St Leonard's in 1570, became minister of the parish in 1578 ; from that date until the union of St. Salvator's and St. Leonard's Colleges in 1747, the ministers of the parish with one exception held the Principalship of St. Leonard's in conjunction ; and from 1747 to 1824 the ministers were invariably the Principals of the United College {Fasti Ecclesiae Scoticanae, ii. 398-401). Since 1759 the congregation has worshipped in St. Salvator's Chapel, which in 1844 the Court of Session disjoined from the parish of St. Andrews and annexed to that of St. Leonard's quoad sacra tantum, and the old church of St. Leonard's has long been a roofless and neglected ruin. 2 That is, decerned to be suspended and declared to be a profane house. ST. ANDREWS KIRK SESSION. 77 admission, and called comperis Mr. James Lermonth, Provest, 4- Kernis and for hymself, and schew that he [and] Mr. Henry Adam 1 Foulis an in the parish prebendar of Lammelethem war adjonit to the congregacion, °[ jj^ ^"f 0 r r e ^. and heyrfor ar admittit and decernit to be ansuerit of thar tion.]2 frutis. And Mr. Thomas Meffen, prebendar of Kyngask and Kynglasse, Mr. James Henrison, prebendar of Kynkell, Mr. Wyliam Ballingall, prebendar of Kernis and Cameron, not com- perand ; and understand inobedient to the cherge : the Super- intendent, wyth avyis of the consayll, ordenis the diaconis of the kyrk of the citie of Sanctandrois to resave and intromit wyth the frutis of thar 3 foyrsaidis prebendreis, to be distru- butit at the discrecion and sycht of the holl ministerie, and compt randerit therof. The proces of Elizabeth Thecar aganis James Martyn hyr spows concernyng divorce. The ministerie of the reformed kyrk of Sanctandrois, be the Citacio Thecar tenor of thir presentis, commandis and chargis that James contra Mart y ne Martyn, pretendit husband to Elizabethe Thecar, be summond, 1 Adam is an interlinear addition. 2 This marginal note is in the Register, but is written in a modern hand. Martine preserves a tradition that * the Culdees of old, at least Regulus and his companions,' had a cell on a rock, 'called at this day our Ladies Craige,' beyond the end of the pier, which on the sea's encroaching they forsook and 1 built another house at, or near, the place where the house of the Kirk-heugh now stands ' {Reliquiae Divi Andj-eae, p. 24). There is better evidence to show that towards the end of the sixth century Cainnech founded a monastery about the same place ; that the Abbot, Tuathal, died in 747 ; and that two centuries later Constantine, after resigning the crown, ended his days within its peaceful walls {Celtic Scotland, ii. 137, 271, 326, 327). This early Culdean house became a Collegiate establishment and a Chapel Royal — probably the first of either in Scotland — but when these changes occurred is still unknown. Some interesting Historical Notices of the Provostry of Kirkheugh, by David Laing, are printed in the Proceedings of the Society of Antiquaries of Scotland, iv. 76-86. See also Concilia Scotiae, vol. i. pp. ccvi-ccxxvi. 3 Here the entry concerning the ' Lady College Kyrk ' turns over the page, and the blank space left at the bottom has been so far utilised by a clerk that he has written on it : — 1 Die xxjo Maii anno Ixj. 1 The quhilk day the minister elderis and deaconis present ' Then, noticing his mistake, he has turned back a leaf and entered the minutes ' anent the absens fra the sait ' at the foot of it. 78 REGISTER OF lyikas be the tenor heirof thei summond hym, to compeir befoyr tham in the consistorie hows, wythin the parrochie kyrk of Sanctandrois, upon the nixt thre scoyr lawfull daye immed- ietlie efter following the execucion heirof, at twa howris efter nuyn or tharby, quhilk is the howr of caws for ministracion of justice, befoyr the said ministerie, to hear and se ane accion and caws of divorce and partesyng, moved against hym be the said Elizabeth, for the crym and syne of adulterie com- mitted be the said James wyth ane woman called Janat Alexander, wyth quhom the said James departed ower se fra the said Elizabeth his lawful wyff thane, be the space of fyve yearis or tharby, toward the partis of Dutcheland, and thar reman and wyth hyr in the town of Lubke, hes gottyn (as is reported be famos men) thre barnis wyth the said Janat, sen his departing of this realm fra the said Elizabeth his sumtvm lawfull wyff, brekand the thrid commandiment of God contened in the secund tabill, quhar it is wryttyn, Thow sail not commit adulterie : and to hear and se lawful probacionis and wytnes produced and brocht in, to verefye and mak clear the caws alleaged, and als to se produced and, to all actes judiciall neid- full to be haid in the said caws, proceded 1 wyth sic intimacione that this edict and summondis be red publiclie in this parroche kyrk befoyr the sermon, and tharefter affixed upon the kyrk dur to stand all the tym of the sermon, sua that nane allege ign[o]rance of that thing quhilk is so manifestlie publiced and maid patent. Gevyn under the saill quhilk in sic caussis we use, wyth the subscripsiofn] of our scrib, is affixit at Sanct- androis, the xvij of Mai i, anno 1561. Sundaye, the xviij daye of Maii, the year abov wryttyn, I George Blak, ane of the diaconis of the reformed kyrk of Sanctandrois, in presens of the congregacion convenit in the parrochie kyrk tharof, befor the sermon summond lawfullie James Martyn foyrsaid, be oppyn proclamacion in the said kyrk, efter the tenor of the above wryttyn edict, and thare[fter] the same being red I affixit it upon the principall dur of the said kyrk. In presens of the congregacion I did thir thingis, 1 There is probably a mistake here in the Register ; perhaps some words are omitted. ST. ANDREWS KIRK SESSION. 79 and for farther verificacion heirof hes subscrivit my indorsacion, Ge. Blak wyth my hand. Die secundo mensis Julii, anno Domini m°v c lxj. The quhilk daye, in presens of honourabill men, Mr. Alan Lawmonth and Jhon Moffat, bailies of the citie of Sanct- androis, in the towbuth of the same, judiciale comperis Eliza- beth Thecar spows of James Martyn, quhai exponis and schawis to the bailies foyrsaidis, that sche rasit ane citacione of the ministerie of Sanctandrois, thar[in] caused summond the said James upon thre scoyr dayes, to hey[r and] se divorce led betuix hym and hyr for adulterie, committed be the said James in gevyn his body to Janat Alexander sen his mareage wyth hyr, betuix quhon (sic) thre barnis ar procreat, and wyth quhom he kepis hows in the toun of Lubke ; and that heir ar present in [ju]giment, on cace cumin 1 twa Scottismen, strengearis and inhabitants] in that cuntre, to sell the ladnyng of thar schip, quhilkis ar wytnessis necessary for probacion of hyr intent, quhilkis also ar not to remayn in this realm, bot to depart hastelie and befoyr the diet of hyr summonds sail cum : heirfor desyris thame to be resavit, sworne, and exam- inated, ad futuram perpetuam rei memoriam. Quhilk desyr be 2 thocht ressonabill to the foyrsaid bailies, and be tham grantit, Elizabeth producis Archibald Duncan and Alexander Gallo- waye ; quhilkis ar resavit, sworne, and judicialie examinated upon the foyrsaid alleged adulterie singularle, and in thar deposicionis ar confbrmes ; vid., thai affirme and grantis in thar deposicionis that James Marty ne, brother to Thomas Martyn and Ihon Martyn of this citie, kepis hows wyth Janat Alex- ander in the town of Lubke, and as mareit folkis ar haldyn and reput thar wyth thar neyghboris, and have procreat betuix tham twa barnis, borne be the said Janat and acknawleged be the said James to [be] his barnis. Examinated upon the caws of thar knawlege, thai ansuer that thai have beyn in the hows of James Martyn in Lubke, quhar thai have hard and seyn as befoyr thai have deponit : examinated upon the interrogators of law, thai purge thame. 1 By chance come. 2 Should be being. 80 REGISTER OF Die xociij mens'is Julii mino Domini 1561. The quhilk daye, compiris Elizabeth Thecar and producis the summondis deulie execut and indorsat upon James Martyn, of the quhilk the tenor is befoyr wryttyn. He ofttymmis called and not comperand, Elizabeth, in payn of not comper- ance of James, being admitted to preve the punctes of hyr summondis, producis the act and deposicionis of wytnes befoyr mencioned in probacione. The ministerie avysed tharwyth, togethyr wyth the notoritie of the cry me and act, pronuncis and declaris the said James ane adulterar, and for his adulterie committ[ed] wyth Janat Alexander, to be cutted of, divorced, and seperated fra the sayd Elizabeth Thecar, and in tym cuming not to be haldyn for hyr spous ony mayr ; Myth liberte to the said Elizabeth in the Lord to marie ony lawfull hows- band, according to the law of God. Pronunced at the instance of Elizabeth Thecar, and in payn of not comperance of James Martyn heirto lawfullie summond. This to be publest this nixt Sundaye, and put in dew forme of sentence, and the attentik extract tharof to be deliverit to Elizabeth, &c. Wyth incalling of the name of Crist Jesus, Sone of the eternall God, we, minister and eldaris of the Cristiane congre- gacione of the citie and parrochyn of Sanctandrois, jugis in the caws of divorce moved befoir us be Elizabeth Thecar aganis James Martyn hyr spows, for cryme and syne of adulterie com- mitted be the said James wyth ane woman called Janat Alex- ander ; wyth quhome the said James departed ower sey to the partis of Almanye, fra the said Elizabeth thane his lawfull wyfF ; remanand thar be the space of fyve yearis or tharby in the town of Lwbke, and have procreat betuix thame thre barnis sen thar departing ; transgressand the thrid command of God in the secund tabill, quhar it is wryttyn, Thow sail not commit adulterie : as at lenth is contened in the libell summondis rased at the instance of the said Elizabeth deulie executed indorsat and befoir us reproduced ; tharin the said James summond upon the premunicion of thre scoyr dayes, and he called, we wyth detfull ordour have proceded ; and being riplie avysed wyth the foirsaid libellat summondis, togethyr wyth the testi- divorcii Eliza- beth Thecar contra Jacobum Martyn e. ST. ANDREWS KIRK SESSION. 81 monye and deposicionis of famos wytnessis, and all otheris de- duced in the said caws, fyndis the foyrsaid crym and syne of adulterie according to the libell sufficientlie provyn ; havand heirfor God onlie befoir owr ees, and the testimone of his Word, by this owr sentence diffinityve, pronuncis, decernis and declaris the said James Martyn ane adulterar, and for his adultery, be hym committed wyth the said Janat Alexander, to be cutted of, divorced and seperated fra the said Elizabeth Thecar; and in tym cuming not to be haldyn for hyr spovvs ony mayr ; wyth liberte to the said Elizabeth in the Lord to marye ony lawfull howsband, according to the law of God. Pro- nunced upon the xxiij of Julii, in the year of God 1561, at the instance of Elizabeth Thecar, and in payn of not comper- ance of James Martyn heirto lawfullie summond. Die xxj mensis Junii anno 1561. The quhilk daye, Jhon Kipper, sumtym in Papistrie called Catuionarii Schyr Ihon Kipper, wardor 1 wythin the castell of Sanctandrois ^^J. for contempsione and blasphemyng of Cristis religion, Superin- tendent, and ministeris of Godis Word, and for defending and mantenyng of idolatrie, supersticion, and Papistrie, caused in his name his mynd, confession, and desyr, under his hand wryt, be presentit to the Superintendent, of the quhilk the tenor followis. My Lord, unto your Lordschipe humilie and lamenttablie menis I, your Lordschipes orator, Jhone Kypper, sumtym knycht of the Papis kyrk, that quhar I have beyn in my tender yowth blindit be sinister preaching of the trew Euangel[l] of almychty God, and in takyn of the sammyn and heir throucht hes abusit my self, be saying of mes and usand supersticion and idolatrie, belev[ing] salvacion tharin, contrar the institucion of Crist, and in vilepensione of his preciows blud sched for me and mankynd. And now I ame becumin of aige, ane man neir iiij xx of yearis, and, prysit be almychty God, persavis the trew Ewangell and Gospell of almychty God trewlie and sincerlie prechit ; quhilk I confes, and wyll byid at to my lyffis end, desyrand your Lordschipe heirfor, and for Ihesus Cristis saik, to 1 Warded. 82 REGISTER OF caws me to be delivered to that effect, that I maye cum befoyr the hayll congregacion, and thar penetenle mak ane oppyn amendis for the offence and sclander committed be me heirin- tyll, and that I maye be adjunit heirto; and your Lordschipes answar heirintill maist humilie I beseik, be me your Lord- schipes orator, Ihon Kyppar, sumtym knycht of the Papis kyrk. Quhilk wryt being seyn and considerit be the Superin- tendent, the said Ihon being relaxit and tharby put to libirtie fre of ward, and the foyrsayd handwryt to hym schawin and be hym recognesit, in presens of Dauid Wolwod, Ihon Hogistoun, Jhon Kembak, he is set at libirtie to the effect that he maye heyr the doctryn for x dayes or langar, as salbe thocht expe- dient to the Superintendent^ minister and eldaris. And ony tym, upon xlviij howris warnyng efter the saydis ten dayis liberte, he to compeyr wythin the citie of Sanctandrois, in the session of the ministerie, to rander ane confessione of his fayth ; and as it salbe ordened to hym, be the sentiment of the sessione and ministerie, to underlie correccion, or to recant and amend in the public assemble, according to his awyn wryt foyrsayd. For fulfylling of the quhilkis, Ihone Kembak and George Wylson, citionaris, conjunctlie and severalie, ar becumin cau- cionaris for the said Ihon Kippar, under payn of payment of ane hundreth marchas as sowm liquidat, to be disponit to the puyr ; and Iohn Kippar oblesis hym to relev the saydis Ihon and George of the foyrsayd sourte, befoyr wytnes above expremit. The proces of accusacion led and deducit aganis Mr. Alexander Wardlaw, pretendit parson of Balingry, 1 at the instance of the Superintendent. Die ix mensis Jul'ii anno domini 1561. [Proces aganis The quhilk daye, comperis Patrik Ramsaye, procurator, and Wardiaw a i niler 111 na y m °f Mr. Ih° n Wynram, Superintendent, be his mandat, 1 He was a son of Henry Wardlaw of Torrie, and was parson in October 1 55 1 (Scott's Fasti, ii. 525). Henry Wardlaw, Bishop of St. Andrews, and founder of its University, and Walter Wardlaw, Bishop of Glasgow, were of the same family (Keith's Catalogue). ST. ANDREWS KIRK SESSION. 83 red and admittit, and producis ane summondis deulie executed and indorsat, tharin summond Mr. Alexander Wardlaw of Ballingry 1 to compeyr befoyr the ministerie of Sanctandrois, to ansuer to sic headis and articlis as salbe obeckit (sic) aganis hym for inobedence, contempsiofn], and blasphemows spekyn aganis the Superintendent of Fyiff, wyth commissiofn] in the sayd summondis to the sayd ministerie to cognosce in the sayd caws, to the pronunciacion of the sentence and execucion of the same. The sayd Mr. Alexander Wardlaw called and com- perand be virteu of the sayd summondis, Patrik Ramsaye in naym foyrsayd producis certan articles in wryt, quhilkis being- red in presens of Mr. Alexander, and be hym denyid as thai ar signit, the ministerie statutis to the Superintendent the xvj of Julii instant to prev the denyed. And at desyr of Mr. Alexander the copy of the saydis summondis and articlis ar decernit and deliverit to hym, to avyis wythall in the myd tym. Die xvj Julii anno domini 1561. The quhilk daye, as in term stat (sic) to Mr. Ihon Wynram, Superintendent, to preve his articles and headis agans Mester Alexander Wardlaw and be hym denyed, comperis Patrik Ramsaye, procurator, in nam of the sayd Mr. Ihon, and pro- ducis Peter Watson, minister, James Wardlaw, Mr. Dauid Ramsaye, Thomas Lodeane, his servand, Martyn Hearyng, Andro Law, Jhone Jowsie, Henry Wardlaw, Andro Wardlaw, Ihon Wardlaw, and Barte Mureson, in presens of Mr. Alex- ander, quhai objecked aganis thaim inimicicite (sic) and parciall consell and informacion gevyn in the mater : quhilkis being admittit to his probacion, he agane referred the same to thar athis, and thai, sworne, purges thame selfis, and ar resavit, sworne, and to examinacione admittit. The ministerie statutis the penult of Julii to pronunce. 1 The clerk has at first written ' Mr. Alexander Ballingall,' but has altered the last word to 1 Ballingry,' and inserted before it in the margin 1 Wardlaw of.' 84 REGISTER OF Followis the articlis and headis quharupon the wytnes ar examinat. 1 Item, in the fyrst, It is allegit that Mr. Alexander Wardlaw lies ministrat the sacramentis of baptisme and the supper of the Lord, sen Reformacion and eleccion of the Superintendent, nocht being admittit tharto ; and becaws the Superintendent, in his visitacion of Ballingry, caused ane minister, admittit, baptis ane barin, Mr. Alexander injurit the Superintendent, affyrmand hymself to be minister of that kyrk, lawfullie chosyn and providit tharto, and that he wald not be ane readar to Ihon Knox nor ony other in Scotland. 2 Item, Peter Watson minister being deput to support the rowm of ane minister in Balingrye, 1 be the Superintendent in his visitacion, quhill farth[er] provision be had, the sayd Mr. Alexander stoppit hym to frequent thar, manest and bostit hym ; and in speciall, upon the last of Junii by past, be his wryt, he of manesyng stoppit hym to cum to solemnizat 1 Peter Watson, who was a member of the chapter of St. Andrews before the Reformation, was translated to Markinch before 1567, from thence to Dumfries before 1574, and to Flisk about 1580. In 1574 the General Assembly appointed him a commissioner for visiting Nithsdale and Annandale, and for several years this appointment was renewed. He died on the 17th of January 1585 (Scott's Fasti, ii. 525, 551; i. 567 ; ii. 493). He complained to the General Assembly, in August 1575, 'that the toun of Dumfreis, at Christmasse-day last bypast, seing that nather he nor the reader would nather teache nor read upon these dayes, brought a reader of their owne, with tabret and whissell, and caused him read the prayers ; which exercise they used ail the dayes of Yuile ' (Calder- wood's History, iii. 351). In October 1577, the General Assembly ordained him, for celebrating marriage in a private house, to confess his offence on a Sabbath day, 'in the parish kirk of Disdeir, where the parteis sould have beene maried ' {Ibid. 386). In 1579 he confessed that he had only visited within six miles of Dumfries, the rest of the country being destitute of ministers, and that a high altar still stood in the New Abbey {Booke of the Universall Kirk, Ban. Club, ii. 429). On the 4th of January 158* James the Sixth wrote to the Laird of Barnbarroch : 'We haif send our directioun to Mr. Peter Watson* persoun of Flisk, for the boundis of the diocy of Galloway, according to the ordour and resolution taken be us with avise of the Lordis of our Secreit Counsell upon the secund day of Januar instant, and hes willit him, gif neid sail require, to crave and require your assistance, fortificatioun, and mantenance in all thing that may mak God, us, and our lawes to be obeyit, and our cuntrie retenit in guid quietnes, and gude order' {Correspondence of Sir Patrick Wans, 1882, pp. 318, 319). ST. ANDREWS KIRK SESSION. 85 matrimony betuix two personnis, quharby the Superintendent wes constranit to cum to that solemnizacion hymself fra otheris gret besin[es] ; in quhilk tym the sayd Mr. Alexander in oppyn assemble injurit the Superintendent, and sayd he hundit the hayl cuntre aganis hym, and that he wes verray parciall. 3 Item, upon the secund daye of Julii, the Superintendent beand in the sayd kyrk of Balingrye, seand gyf the kyrk wes repared conform to the Act of his vesitacion and Book of Reformacione, vidz., partlie upon the expensis of the parrochyn and partlie upon the expensis of the tendis, 1 and the sayd Mr. Alexander and parrochinaris being admonesed tharto be the Superintendent, Mr. Alexander mayd ansuer and sayd, The devill ane penne he wald spend upon the kyrk : gevand evyll exempill and occasion to the parrochinaris to leif undon thar deuete. 4 Item, upon the thrud daye of Julii foyrsaid, thar being con- venit in the sayd kyrk of Balingrie, for consultacion takyn anent the reparacion tharof, the Lard of Torrie, Andro Wardlaw, brethyr to the sayd parson, Ihon Wardlaw, James Wardlaw, his emis, 2 Barte Mwreson, Thomas Lodean, and Mr. Dauid Ramsaye ; thai called upon the sayd Mr. Alexander, as 1 Only three months before the Reformation burst upon the country, the General Provincial Council of 1559 enacted that ruined or decaying churches were to be rebuilt or repaired, the chancel by the rector, the nave by the parishioners {Concilia Scotiae, vol. i. p. clix). And next year the Reformers had to exclaim : ' Of necessitie it is, that the churches and places whair the people aught publictlie to convene, be with expeditioun repaired in durres, wyndois, thak, and with such preparationis within, as apperteaneth, alsweall to the majestie of the Word of God as unto the ease and commoditie of the people. And becaus we knaw the slouthfulnes of men in this behalf, and in all other whiche may not redound to thair privat commoditie ; strait charge and com- mandiment must be gevin, that within a certane day the reparationis must be begune, and within another day, to be affixed by your Honouris, that thei be finished : penalteis and soumes of money must be injoyned, and without pardone taken from the contempnaris . . . The expensses to be lyfted partlie of the people, and partlie of the teindis, at the consideratioun of the ministerie' {First Book of Discipline, ninth head). In 1584 it was matter of lamentation that: 1 Be the insatiable sacrilegius avarice of erles, lords, and gentlemen, the Kirk, scholles, and pure, are spulyied of that quhilk sould sustein tham. The materiall kirks lyes lyk sheipe and nout faulds rather then places of Christian congrega- tiones to assemble into ' (MelvilPs Diary, Wod. Soc, p. 188). 2 Uncles. 86 REGISTER OF parson tharof, desyring hym to concur wyth thame according to the admonicion mayd be the Superintendent : Mr. Alexander ansuerit and sayd, he wald do nathing in that behalve, nor obey ony admonision or command of that fals, dissaitfull, gredy, and dissimblit smayk, 1 for he wes ane of tham that maist oppressed, smored, and held down the Word of God, and now he is cumin to it, and professis the same for gredines of gayr, lurkand and watchand quhill he maye se ane other tym. And farther ekit, and sayd befoyr the sam personnis above wryttyn, Or I war not revenged of that fals smaik, I had lever 2 renunce my part of the kyrk of God ! Followis the deposicionis of wytnessis. 1 James Wardlaw summond, resaved, sworne, admittit, and examinat upon the articlis, be his ayth deponis, and confessis, and affirmis the fyrst artikyll, and also the rest of tham. Examinat upon his caws of knawlege, he ansueris that he wes present in the kyrk of Balingry, upon the sext daye of Julii as he belevis, hard and saw Mr. Alexander Wardlaw stop Peter Watson minister to preche, to minister baptisme or solemnizat mariage, and for the sam caws, of set purpos, the parson had Jedwod staiffis 3 in the qweyr. Item, he saw r Mr. Alexander minister baptisme, efter inhibicion gevyn to hym be the Superintendent. Item, he hard the ansuer gevyn be Mr. Alexander to the Superintendent specified in the thrid artikyll. Item, he wes present in the kyrk of Balingry, hard Mr. Alex- ander speik the wordis specified in the ferd artikyll. 2 Thomas Lodean summond, resaved, sworn, admitted, and examinated upon the articlis, in his ayth deponis, and is con- form to James Wardlaw, wytnes preceding. 3 Peter Watson, minister, summond, resaved, sworn, and admitted, examinated upon the articlis, be his ayth deponis, and in his deposicion confessis the secund artikyll. Causam sclencie reddlt, the manesing and hosting wes mayd to the 1 Mean fellow. 2 Rather. 3 A Jedburgh staff was a kind of spear, of which the craftsmen of Jedburgh were the noted makers. ST. ANDREWS KIRK SESSION. 87 deponar, bayth in word and wryt, be Mr. Alexander, and also impediment was mavd to hym bayth wyth wordis and wapins, vidz., Jedwod staiffis, provydit in the kyrk, be Mr. Alexander for the nanis. 1 -i Martyn Hearing, dwelland in Kyrknes, 2 examinat upon the articlis confessis the secund ; and is conform tharin wyth the wytnes preceding. He knawis na mayr. 5 Andro Law duelland in Kyrknes is conform to Martyn Hearvng. 9 (sic.) Jhone Jowsie, dwelland in Balingrie, resavit, sworn, and admittit, examinated upon the articlis, ansueris that he hard Mr. Alexander Wardlaw inhibit fra ministracion be the Super- intendent ; and hard, be common voce and fam, that tharefter Mr. Alexander baptised ane barn of Jhon Bruc, in Capildra. The thrud and secund articlis he confessis : he wes present, hard and saw as is artikulat. The ferd and last artikyll he confessis to be trew, as common voce and fam of the parrochyn of Ballingre recordis, bot he wes [nocht] 3 present hym self tym tharof. Die pemdtimo mensis Julii anno Domini m°v c lxj. Wyth incalling of the name of the Eternall owr God, we, Sentmcia minister and eldaris of Cristis kyrk and congregacion wythin TaTde^Zf* the citie of Sanctandrois, jugis in the caws, and cognicion £ He - takeyn anent the offence, injurie, and blasphemy don and said be Maister Alexander Wardlaw, named of layt parson of Bal- ingrie, agafnis] Maister Jhon Wynram, Superintendent of Fyff, Fotherik and Strathern, be verteu of commissione and cherge direct be the foyrsaid Superintendent to us, as to the minis- terie of the principall town of his residence wythin the said 1 Nonce. 2 Kirkness is in the parish of Portmoak, and was granted by Macbeth and his Queen to the Culdees of Lochleven. It is in the memorandum of this grant that Gruoch's parentage has been preserved {Liber Cariarum Prioratus Sancti Andree, Ban. Club, p. 114). In the list of those qualified for ' ministreing and teaching ' in 1560, the future Superintendent of Fife occurs as ' Johne Wynrhame of Kirknesse ' [Booke of the Universall Kirk, Ban. Club, i. 4). Kirkness now belongs to the Marquis of Northampton, and close to the mansion-house traces of the foundations of many small dwellings are still to be seen. 3 Omitted. 88 REGISTER OF diocye ; and we proceding ordorlie in the foyrsaid caws, efter divers dietis tharin kepit, the said Maister Alexander lawfullie summond to the same, and last of al to heiyr pronunced ; and he comperand in all dietis, his defens lawfull to hvm admittit : we, havand God and the testimonie of his trew word befoyr owr ees, maturlie and ryplie avysed wyth articles and headis, pro- ponit aganis the said Mr. Alexander, twechyng the foyrsaid offence, injurie, and blasphemie, his answer mavd tharto, wyth deposicionis and testimonie of divers famos wytnessis, fyndis the saidis articles and headis, partlie be Mr. Alexander con- fessed, and the rest tharof (be hym denyed) sufficientle provyn, and at the said Maister Alexander, pretending and furthschaw- ing hymself ane professor of the Ewangell of Crist Jesus, lies, contrary to that profession, maist ungodlie abused hymself publiclie, lies injurit, blasphemit, disobeit and contempnit the said Maister Ihon Wynram, Superintendent, and therby gevyn evyll exempill and occasion to otheris of contempsion and inobedience : and heirfor pronuncis and decernis the said Mr. Alexander to compeyr upon Frydaye, the fyrst daye of August nixt to cum, in the publict assemble wythin the par- roch[e] kyrk of the citie of Sanctandrois, and thar oppinlie confes his fait and offence don aganis God and the Superinten- dent, in blasphemyn[g], injuryng, and contempnyng of hym, and offending of hym injustlie ; and tharof ask God mercy and the Superintendent forgyfues. And also upon Sundaye, the thrid daye of August foyrsayd, the sayd Mr. Alexander sal compeyr in lyik maner, in the public assemble wythin the parrochie kyrk of Balingrie ; and, [in] 1 presens of the minister that salbe appoynted to be thar that daye, publiclie confes the foyrsaidis off'ensis, at sic tym as the minister, thar present for that, sal requir the sam to be don of hym ; and thar ask God mercy, and the minister in name of the Superintendent forgyf- nes, and the hayll congregacion forgyfues of his sclander gevyn ; pronunsing and desyring tham in tym cuming to obey all superioris, and to tak na occasion nor evyll exempill of hym, by the foyrsaid thingis be hym raschelie and injustle don. And thyr premissis to be don be the sayd Mr. Alexander, under the 1 Omitted. ST. ANDREWS KIRK SESSION. 89 payn of excommunicaeion ; and gyf he falyeis, excommunica- cion to be executed and used aganis hym wyth al severite. 1 Pronunced in presens of the said Mr. Alexander, in the con- sistorie hows of the said ministerie, wythin the parroche kyrk of Sanctandrois, upon Wedinsdaye, the penult daye of Julii, in the year of God 1561. Followis the ordor and proces, deducit in the declara- tor gevyn upon the articles and sentence gevyn aganis Schyr Ihon Borthuik, of Ceverie, knycht, be umquhill Dauid, Cardinall, &c. Die vigesimo mensis Augusti anno Domini m 0 v c lxj. The quhilk daye, comperis Schyr Ihone Borthuik, knycht, 2 jhon C Borthuil< ] and producis ane commissio[ne] and supplicacione subscrivit be the Lordis of our Soveran Ladeis Secreit Consayll, of dayt, at Edinburgh, the xii of August instant, direct to the Superin- tendent and ministerie of Sanctandrois, for cognicione takyn upone the articlis, and sentence tharupon gevyn be umquhill Dauid, Cardinall, Archbischop of Sanctandrois, 3 aganis the sayd 1 Wardlaw seems to have complied with the ' premissis,' for in 1567 or 1568 he is described as the exhorter of Ballingrye, with ' the thryd of the personage ' as his stipend {Register of Ministers, Exhoriers and Readers, Mait. Club, p. 25). And in 1574 he is mentioned as ' persoun, minister' of Ballingarie, ' sustenand his awin red are ' ( Wodrozo Miscellany, p. 364). 2 Sir John Borthwick, a son of that Lord Borthwick who was slain at Flodden, was Lieutenant of the French King's Guard, and a favourite attendant of James the Fifth (Sadler's State Papers, i. 19, 22). Certain lands in Wigtown were granted to him for his good service by James in 1535 ; and in 1538, as Sir John Borthwick of Cinery, he was declared next in succession to the free barony of Borthwick, if the son of William, fourth Lord Borthwick, had no lawful male hens, [Register of the Great Seal, vol. iii., Nos. 1493, 1826). Professor Mitchell has pointed out that among the youths enrolled as cives of St. Andrews Univer- sity in 1509 were David Lindesay, David Beton, Gavin Logy, Jho. Borthek, and John Gaw (Gau's Richt Vay to the Kingdom of Heuine, Scot. Text Soc. 1888, pp. ix-xi). 3 The well-known David Beaton — crafty, cruel, and dissolute— got the Abbacy of Arbroath in 1523 ; was appointed coadjutor to his aged and enfeebled uncle in the Primacy on the 5th of December 1538; was created a cardinal fifteen days later ; became Lord Chancellor on the 13th of December 1543, and was slain in his own stronghold on the 29th of May 1546. Laing says that ' in the Car- dinal's absence, who accompanied the King ' in his voyage round the Western 90 REGISTER OF Schyr Ihon Borthuik, condempnyng the saydis articlis heretical, and the said Schyr Ihon tharfor infamit and punissed, &c. : and to geve thar declarator tharupon, as thai fynd according to the law and Word of God. Quhilk commission red and understand be the saidis Superintendent and ministerie, and thai acceppand the same, at desyr of Schyr Ihone, thai decern hym ane edict to summond al havand interes,- or pretending interes, in the sayd caws or ony thing that followed tharupon, to compeyr for thar interes, upon the fyve daye of September nixt to cum befoyr thame. And the sayd Schyr Ihone exhibitis and deliveris to the ministeris foyrsaid the trewe exemplar of the foyrnamed articlis and sentence — copied and collacionat be Ihon Mosman, notar public, and scrib to the schyrref-deputis of Edinburgh, under his signe and subscripsion, sufficientlie recognoscit be hym, drawyn furth of the actentik extract of the same, extract furth of the Reglstre of the sayd umquhill Dauid, Cardinal, be Maister Andro Olephant, 1 notar public, and secretar to the sayd umquhill Dauid, Cardinall, under his signe and sub- scripsion ; and be Ihon Lord Borthuik 2 purchest be compulsa- toris, executed upon the said Mr. Andro, and be the sayd Lord produced befoyr the saidis schyrref deputis — to be seyn, considerit and discussed in the myd tym ; and also presentlie Isles, ' Gawin, Archbishop of Glasgow, and Lord Chancellor of Scotland,' pre- sided at Borthwick's trial (Knox's Works, i. 533). And Ur. Grub avers that 1 sentence was pronounced against him in the Cardinal's name ' {Ecclesiastical History, ii. 20). But Dr. Laing has himself shown that the King's eldest lawful son was born at St. Andrews on the 22d of May 1540, and baptized on the 28th, the very day of Borthwick's trial, and that the arrangements for sailing were not completed before the nth or 12th of June (Knox's Works, i. 82). Moreover, the Earls of Huntly, Marischal, and Arran, who were also appointed to accompany the King {State Papers, v. 179), are proved by the text to have been present at the trial ; and therefore Beaton could have been there too, so far at least as the voyage was concerned. Spottiswoode not only states expressly that he was present and presided, but gives the substance of his opening speech {History, i. 138). 1 Andrew Oliphant, vicar of Foulis and Innertig, was twice intrusted with a mission to Rome, and was accuser in the merry trial of Sandie Furrour, and the tragic one of Walter Mill. 2 This, the fifth Lord Borthwick, was a nephew of Sir John's ; and, according to Knox, one of the three noblemen who in 1560 voted in Parliament against the Confession of Faith, assigning as their reason that they would believe as their fathers believed, but this is inconsistent with Randolph's statement (Laing's Knox, ii. 121). ST. ANDREWS KIRK SESSION. 91 declaris his mynd, in quhat sence he spak the saidis articlis, be explicacione tharof. Of the quhilkis articlis and sentence 1 the tenoris followis : — Joannes Borthuik, Capitaneus Borthuik wlgariter nuncupa- [Articles, and 71 ... sentence tnar- tus, suspectus infamatus et convictus per testes omni excepcione upon be um- majores, anno Domini m°v c quadragesimo, vicesimo octavo cardinal?] 1 ^' mensis Maii, in cenobio Sancti Andree, presentibus reverendis- simis ac reverendis et venerabilibus in Cristo patribus, Gavino Archiepiscopo Glasguensi, regni Scocie cancellario, 2 Willelmo Abyrdonensi, 3 Henrico Candide Case, et capelle regie Strewilln- gensis, 4 Joanne Brechinensi, 5 et Willelmo Dunblanensi, 6 ecclesi- 1 A 1 certain friend ' having furnished Borthwick with a copy of the process, he ' thought good to bestow some labour in refelling those articles, which they could not prove.' Foxe, in the first edition of his Acts and Monuments, embodied the articles and sentence, with the preface and answers of the accused, and they are reprinted in Cattley's edition. Foxe's inaccuracies may be corrected by the text. Keith professes to give the process from Foxe, but omits one of the articles, as well as Borthwick's preface and answers. Calder- wood copies the articles and sentence, and also the substance of the answers, from Foxe. Spottisvvoode summarises the articles, but some of them unfairly. 2 Gavin Dunbar was promoted to the Archiepiscopal See of Glasgow in 1524, was Lord Fligh Chancellor from 1528 to 1543, and died in 1547. He is praised by Buchanan, but denounced by Knox. Borthwick's was not the only case of heresy with which he was concerned, for he took part in the condemnation of the Vicar of Dollar, and the other four who perished in the same fire ; he was induced to condemn Russell and Kennedy; and he also consented to and wit- nessed the death of Wishart (Brunton and Haig's Senators of the College of Justice, pp. 1-5 ; Laing's Knox, i. 62-66, 145, 148). 3 William Stewart was elected Bishop of Aberdeen in 1532, and died in 1545. ' A man,' says Spottisvvoode, 'given to virtue, charitable to the poor, and ready to every good work' {History, i. 210). 4 Henry Wemys was Bishop of Candida Casa, or Whithorn, from 1526 until his death in 1 541 . He also held Dundrennan Abbey in cornmendam. His surname was long uncertain, but is set beyond doubt in Maziere Brady's Episcopal Succession, Rome, 1876, i. 158, 159. 5 John Hepburn, Bishop of Brechin, died in 1558, in the thirty-fifth year of his consecration. He was of the family of Bothwell. Friar Arth was buffeted by him in Dundee, and called a heretic, and Wishart was cursed by him for preaching in the same town {Registmm Episcopatus Brechinensis, Ban. Club, vol. i. p. xii. ; Laing's Knox, i. 37, 155). 6 William Chisholm obtained the See of Dunblane in 1527, and died in 1564. ' A great adversary to the new Reformation, he alienated the episcopal patrimony of this church to a very singular degree ; most of which he gave to his nephew, Sir James Chisholm of Cromlix. He likewise gave great portions to James Chisholm of Glassengall, his own natural son, and to his two natural daughters ' (Keith's Catalogue). 92 REGISTER OF arum episcopis ; Andree de Melros, 1 Georgio de Dunfermling, 2 Joanne de Pasleto, 3 Joanne de Lundoris, 4 Roberto de Kynlos, 5 et Willelmo de Culros, G monesteriorum abbatibus ; Macolmo 1 Andrew Durie was promoted from the Abbacy of Melrose to the See of Whithorn in 1541. Through dread at the ' tragedy of Sanct Geill,' he died in September 155S. According to Knox, he was ' sometymes called for his filthines Abbot Stottikin' (Laing's Knox, i. 261). 2 George Durie, brother of Andrew, was present at Patrick Hamilton's trial, and helped to bring Melville of Raith to the scaffold (Lorimer's Hamilton, p. 150 ; Laing's Knox, i. 224). James Beaton on Forman's death held the Abbacy of Dunfermline 'a second time in commendam, and afterwards styled himself usufructuarius, or administrator frnctuum, while he allowed the name and probably devolved the duties of Abbot on George Dury,' Archdeacon of St. Andrews, who 'styled himself Abbot of Dunfermlin in 1530, and he continued to take the title of Abbot or Commendator, apparently subordinate to the Arch- bishop, during the life of the latter. After the Primate's death, in 1539, he acted as Abbot or Commendator.' In 1560 'he went to France, and it is uncertain if he ever returned ; ' but ' he granted charters, or at least his name is inserted in charters, so late as 1564' {Registrum de Dunfermelyn, Ban. Club, pp. xvi, xvii). Nevertheless, Dempster says that he died on the 27th of January 1 56 1, and, absurdly enough, adds that he was beatified on the 6th of August 1563 {Historia Ecclesiastica, i. 206). Two of his natural children were legiti- mated on the 30th September 1543 (Brunton and Haig's Senators, p. 68). 3 John Hamilton, natural son of James, first Earl of Arran, held the Abbacy of Paisley from 1525, succeeded George Crichton in the See of Dunkeld, and Cardinal Beaton in the Primacy, and was hanged at Stirling in 157 1. 'A man he was of great action, wise, and not unlearned, but in life somewhat dissolute ' (Spottiswoode's History, ii. 156). Martine saw 'copies of charters granted by this Archbishop to William, John, and James Hamiltons, his three naturall sones,' borne by Grizzel Sempill {Reliquiae Divi Andreae, p. 244). Of these, William and John were legitimated on 9th October 1551, and so was another son, David, on 20th April 1580 {Register of the Great Seal, iv., Nos. 637, 3002). 4 John Philips obtained the Abbacy of Lindores in 1523 (Brady's Episcopal Succession, i. 197). At the Reformation he joined the Protestants (Laing's Knox, ii. 599). 5 Robert Reid, whose father fell at Flodden, was educated at St. Andrews, and in 1528 was anointed as Abbot of Kinloss. In 1541 the King wrote to Rome recommending him for the Bishopric of Orkney, designing that he 'should retain all his existing preferments, and that he should provide a pension of 800 marks to his Majesty's natural son, John Stewart.' This arrangement v/as so far carried out that Reid continued in receipt of their fruits, but his nephew, Walter, was admitted Abbot of Kinloss in 1553 (Stuart's Records of the Monastery of Kinloss, pp. xlix-li). He was one of the Scots commissioners who died suddenly in suspicious circumstances at Dieppe in 1558. Knox charges him with avarice, but he was undoubtedly one of the best bishops of the old Church, and may be regarded as the founder of Edinburgh University. 6 William Colvill, a canon of the Lady College Kyrk (see p. 76), was promoted to the Abbacy of Culross in 1531, which he resigned in 1536 in favour of John ST. ANDREWS KIRK SESSION. 93 de Quhytirne, 1 Joanne de Pyttynweym, 2 prioribus ; Magistro Alexandra Balfour, vicario de Kylmane, rectore universitatis Sancti Andree ; 3 Magistris nostris Joanne Mayr, 4 Petro Capel- lano, 5 in sacra theologia professoribus et doctoribus ; Martino Balfowr, in sacris Uteris et decretis bachalario, Officiali Sancti Andree principali ; 6 Joanne Wynram, Suppriore ; 7 Joanne Colvill, reserving the fruits. Accordingly, in 1 541, he is designed ' Commendator and Usufructuar of Culross,' while in the same document John appears as Abbot. William joined the Reformers, and signed the First Book of Discipline in 1560 (Brady's Episcopal Succession, i. 171, 172 ; Laing's Knox, ii. 598). 1 Foxe erroneously calls him * Mancolme,' and Keith (in his History, i. 336) ' Mancolalyne,' from which Parker Lawson, in an editorial note, surmises that 'the real name is Maclellan.' But it rather seems to have been Malcolm Fleming, who, with Archbishop Hamilton and others, was imprisoned for cele- brating mass in 1563. Randolph then characterised him as * an notable arche- papyste.' He was put to the horn in 1568, and died in that year (Laing's Knox, ii. 370, 379; vi. 526; Reg. of Privy Council, i. 629). Forbes-Leith, who of course describes him as ' an earnest follower of the true religion,' inaccurately places his death in 1563 {Narratives of Scottish Catholics, 1885, p. 94). 2 John Rowle was Prior of Pittenweem in 1526, was styled 'usufructuar' in< 1552, and died in 1553. 'Under Rowle's administration the lands which had originally been granted to the house of the Isle of May, and had continued in- ks possession since the twelfth century, were mostly alienated.' He had four natural sons legitimated (Brunton and Haig's Senators, p.*8o ; Stuart's Records of the Priory of the Isle of May, pp. xxxi-xxxiv). 3 In 1546 he is mentioned as ' M. Alexander Balfour rectoris de Loncardy et vicarii de Kilmany ' {Register of the Great Seal, iv. No. 36). He was one of the priests who recanted on the 10th of March 1559-60 {supra, p. 15). 4 John Major, the preceptor of Knox and Buchanan, and the author of the Historia Majoris Britanniae, was incorporated as a member of St. Andrews University on the same day as Patrick Hamilton, the 9th of June 1523, became Provost of St. Salvator's College in 1533, and died in 1552 (Lee's Lectures, ii. 345, 346 ; Concilia Scotiae, ii. 284). 5 Peter Cheplane was a bachelor of theology and a canon of St. Salvator's in 1514, and rector of Dunino and a canon of St. Salvator's in 1517 {Register of the Great Seal, iii. No. 43 ; iv. No. 175). 6 Martin Balfour concurred in the condemnation of Patrick Hamilton's articles, in 1528, but was too old and weak to appear personally at the Provincial Coun- cil of 1549 (Spottiswoode's History, i. 125 ; Robertson's Concilia Scotice, ii. 84). ' The Bishoprick of St. Andrews consisted of the two Archdeaconries of Lothian and St. Andrews proper. . . . The Official of St. Andrews proper, added to his jurisdiction as judge in the first instance of that Archdeaconry, a jurisdiction of review of the decisions of the diocesan courts, suffragan to the Archbishoprick,. as well as those of the province of Glasgow ' {Liber Officialis Sancti Andree, Abbot. Club, p. xxvii). 7 Now Superintendent of Fife, and head of that court to which Borthwick had come for redress. 94 REGISTER OF Annand 1 et Tboma Cwnyngham, 2 canonicis ecclesie Sanctian- dree; fratribus Joanne Thomson, Priore Fratrum Predicatorum civitatis Sanctiandree, 3 cum socio Joanne Tuledaf, Guardiano Fratrum Minor um dicte civitatis Sanctiandree, 4 et Joanne Paterson, vicario conventus ejusdem. 5 Xecnon presentibus nobilibus potentibus et magnificis dominis, vidz., Georgio de Huntlie, 6 Jacobo de Arane, 7 Willelmo, Marescallo, 8 Willelmo de Montros, 9 comitibus ; Macolmo, Domino Flemyng, Camerario 1 Annand was a canon of the Metropolitan Church of St. Andrews in 1518, condemned Patrick Hamilton's articles in 1528, became Principal of St. Leonard's College in 1544, opposed John Rough in 1547, and is called by Knox 1 a rottin Papist' (Spottiswoode's History, i. 125 ; Laing's Knox, i. 188). 2 Thomas Cunningham appears to have succeeded Gavin Logie as Principal of St. Leonard's (Laing's Knox, i. 36). 3 John Thomson was still Prior of the Dominicans in St. Andrews in 1544-5 {Abstract of Writs, No. 6). 4 John Tullidaff, Warden of the Franciscans, was one of those who condemned Hamilton's articles in 1528 (Spottiswoode's History, i. 125). Andrew Cottis was Guardian in 1549 (Robertson's Concilia Scotia, ii. 84). The Grey Friars' Monastery in St. Andrews suffered so much at the Reformation that in an Instru- ment of Sasine, dated 20th September 1559, its site was conveyed to Patrick Learmonth, Provost, and the community of St. Andrews, as ' a piece of waste ground demolished in its buildings containing six particates of land in breadth and lately possest by the Minor Friars lying on the north side of the Mercate- gate and going north as far as the North Street ' {Abstract of Writs, No. 293). 5 John Paterson, General Minister of the Minorites of the Observance, was present at the Provincial Council of 1549 (Robertson's Concilia Scotia:, ii. 84). 6 George, fourth Earl of Huntly, was taken prisoner at the battle of Corrichie, on the 28th of October 1562, by Andrew Reidpeth, * quha put him upone his horse to have brocht him to the Quenis Majestie ; bot howsein he was set upoun horsback, incontinent thairefter he bristit and swelt, sua that he spak not one word, bot deceissit ' (Diurnal of Occurrents, p. 74). 7 The vacillating James, second Earl of Arran, and first Duke of Chatel- herault. He signed the First Book of Discipline in January 1 560-1. 8 William, fourth Earl of Marischal, befriended George Wishart at Dundee. In the Parliament of 1560 he declared: 'It is long since I have had some favour unto the trewth, and since that I have had a suspitioun of the Papisticall religioun ; but, I praise my God, this day hes fully resolved me in the one and the other' (Laing's Knox, i. 126 ; ii. 122). 9 William Grahame, second Earl of Montrose, was ' chosin to remane con- tinualie with the Quenis Grace 'in the castell of Striveling for the suir keiping of hir persoun,' and therefore Parliament, on 12th Dec. 1543, excused him from other public duties (Acts of Pari. , ii. 442). He was one of the few nobles who were present at her first mass after she returned to Scotland in August 1561 (Laing's Knox, vi. 128) ; next month she chose him as one of her Great Council) Reg. Pi-ivy Council, i. 157) ; and he was one of those who signed the bond at Hamilton for her defence immediately after her escape from Loch Leven (Keith's History, ii. 809). ST. ANDREWS KIRK SESSION. 95 Scocie, 1 Joanne, Domino Lyndesaye, 2 Joanne, Domino Erskyn, 3 Georgio, Domino Setoun, 4 Hugone, Domino Somerwyll, 5 Jacobo Hammyltoun de Fynnart, 6 Waltero, Domino Sancti Joannis de Torphichin, 7 militibus ; Magistris, Jacobo Fowlis de Colintoun S. D. N. regis ac registri clerico, 8 Thoma Ballindvn ejusdem domini nostri regis justiciarie (sk) clerico, 9 et multis atque com- 1 Malcolm, third Lord Fleming, founder of the Collegiate Church of St Marv at Biggar, was slain at Pinkie in 1547. y 2 John fifth Lord Lindsay, of the Byres, the 'grandson and successor of the sage Lord Patrick, held 'the offices of hereditary baillie and seneschal of the regality of the Archbishopric of St. Andrews.' Squire Meldrum, who acted as Deputy-sheriff of Fife and as marschal of Lindsay's household, appointed ' Tohne Lord Lmdesay my maister special ' one of his three executors. When the Con fesston of Faith was ratified by Parliament in 1560 the venerable Lord Lindsay declared, that 'since God had spared him to see that day, and the accomplish- ing of so worthy a work, he was ready, with Simeon, to say, Nunc dimiMs.' Fori W T 3 s ° f L 7 UayS > 1 52 ' I9 °' 272 ' 2 ? 6 '> Lain S' s ***** Poetical Works, 1879, 1. 212, 306). 7 t hl° hD '!T h ^ ErSkine ' fi " her ° f the Re S ent M ». and grandfather of he Regent Murray, was excused with Montrose from other public duties in 1543, because he had charge of the infant Queen , and, for the same reason, he and Lord Livingstone were exempted by the Privy Council in ,545 from serving agams our auld inymyis of Ingland • (Acts of Pari., ii. 44 / ; R egister of J e Prrvy Council, u). In 1548 he accompanied the Queen to France, and died therein 1552 (Brunton and H*ig's Senators, p. 40) « George fourth Lord Seaton, 'ane wise and vertewes nobleman, a man well experienced in a 1 games/ died in 1545 (Brunton and Haig's Senators, p. 52) TeJSn m ^ 1 Some ™! ls j is *"* *, have received more of the favour of James the Fifth, and less of his benefits, than any other subject. He was taken prisoner at Solway Moss, and afterwards supported the English interest He died in 1550 (Brunton and Haig's&TOto^, pp. 50 51) Ira-defer th MI,* n ree r nthS / te,: , B ° rthwick ' s «■> S " James suffered a more tragic fate. Upone the xvj day of August, the yeir of God jm v oxl yeris Schir James Hamiltoun of Fynnart, knycht, was convicti, be ane assyise, ana 1 idit a the skaffald at the trone of Edinburgh ' (Diurnal of Occurrents p. «) 7 The wise Sir Walter Lindsay, ih • Lord of Sanct Johne, and Knicht of Torfichane, Be sey and land ane vailyeand capitane,' was one of Squire Meldrum's executors. He seems to have lived until at least he close of .545; but he died before the 20,h of January ,546-7, as on £!% ' nil, TT n f ranted '° JameS UBAs& y> bastMd and natural son quondam Walter, Donnm Sanct, Johannis' (Laing's Lyndsa/s Poetical Works, 1. 212; Lives of the Lindsays, i. 191). JTwT, F ° UlisWas C,erk Re S ist « fr°m I53> to 1548. He died before ine 4th or February 1549. 9 I" 1539 James the Fifth conferred on Thomas Bannatyne, or Ballindyn, 96 REGISTER OF pluribus aliis dominis, baronibus ac honestis personis, in testi- monium premissorum rogatis et requisitis etc., hos sequent es tenuisse errores, publice dogmatizasse, et instruxisse, vidz. Primo et in specie, sanctissimum dominum nostrum Papain Jesu Cristi ser vat oris nostri vicarium, non habere nec posse exercere aliquatenus majorem authoritatem in Cristianos quam quicunque alius episcopus vel sacerdos. Indulgencias concessas a supremo domino nostro Papa nul- lius esse roboris, efficacie, vel, momenti, sed duntaxat eas ad populi abusionem et animarum earundem deception em fuisse et esse factas. Papam esse symoniacum, publicum quotidie vendentem dona spirit ualia ; et presbyteros omnes per matrimonium conjungi et copulari debere. Qmnes hereses Anglicanas wlgo nuncupatas seu saltern ear- undem majorem et saniorem partem de presenti per Anglos observatos (sic), fuisse et esse bonas, justas, et a Cristi fidelibus observandas tanquam veraces et divine legi conformes, quas eciam publice affirmavit, dogmatizavit, authorisavit diversas et plurimas persomas (sic) ad illas acceptandum persuadendo. 1 Populum Scoticanum fuisse et esse omnino execatum et abusum per ecclesiam Scoticanam et ejusdem clerum quos dixit et affirmavit non habere veram fidem Catholicam, et per hoc publice affirmavit et predicavit fidem suam fuisse meliorem et prestanciorem quam fidem omnium aliorum ecclesiasticorum in regno Sco[cie]. Conformiter ad veteres errores Joannis Wycleif et Joannis Hws hereticorum in consilio Constanciensi condemnatorum affirmavit, predicavit ecclesiasticos non debere possidere nec habere possessiones aliquas temporales, imo nec eciam habere jurisdiccionem aut authoritatem aliquam in temporalibus, 1 the office of Justice Clerk, a situation which became almost hereditary in his family.' Knox includes him among ' the men of counsall, judgement, and god- lynes, that had travailled to promote the Governour, and that gave him fayth- full counsall in all dowtfull materis.' He died in 1546 (Brunton and Haig's Senators, p. 57 ; Laing's Knox, i. 105, 106). 1 Spottiswoode has foisted into this article the words ' their new liturgy,' and several zealous Episcopal writers, without looking into the articles in Foxe or glancing at Borthwick's answer, have been egregiously misled by the unwarranted interpolation. ST. ANDREWS KIRK SESSION. 97 eciam in eorum subditos sed [blank] ab eis similiter subtrahi debere, quemadmodum his diebus fit in Andia Mendose et contra honorem, statum, et revereneiam sacre regie majestat.s Scotorum dixit, tenuit, et asseruit regem Scot! orum nostrum serenissimum Cristiane fidei propugnaculum velle lb, appropnare contra jura et libertatem ecclesie, possession I terras et reddjtus a progenitoribus et eciam a Cristomet serem simo reg, eccles le datas et concessas et in suos privates usus convert,, et ad hoc, ut se multiplicitrr (sic) ascrfpsit, eund m serenssmmm donunum nostrum regem toto conamine suasit . olu. ac pemt et frequenter ac ferventer ex ani.no desider- avrt eccles.am Scoticanan, pervenire, et deduci ad idem punc- tum eorundem et simile,,, finem et ruinam ad qua,,, eccles a Anghcanajam actu pervenit. 1 Publice tenuit, dixit, asseruit et affirmavit ac predicavit et dogmaW.t leges ecclesie vidz. sacros canones e\ sanctorum robatl ^ 6CCleSia SanCta Cath ° liea et apostohl 7 probata nulhus esse vigoris aut valoris inferendo, propterea affirma,Klo eade m fuisse et esse contra legem Dei' conSte S Pluribus ac multimodis vicibus dixit tenuit et affirmavit et pubhee assermt nullam religionem fore observandam, sed 1 an unphciter abolendam et distruendam fore et esse, icut „ „ n Angha destructa existit [blank] omnem sanctam religionem ulependendo et affirmando fore, propter abusionem *eoZ habrtus per eos delat, asseruit eos esse deformes ad modun monstrorum n,chil utilitatis aut sanctitatis pre se f rentl mducendo, propter hoc, et suadendo quantum in eo erat om„ es ' sue opnuom adherentes, ut omnia religio in regno Scocie "m, plater et pemtus tollatur, ac distruatur in maximum cathoTe deSrtu a m dalWn ^ CriStiMe el ^XT^ Pel ' kgitimaS P robaci »es eundem Joannen, Borthuik habmsse et actualiter habere diversos libros suspecto de heres, damnatosqne tarn papali quam regia et oXaS ecam authorities lege prohibit, vidz. sfecialiter et T 98 REGISTER OF specie, Nouvm Testament urn in wlgari Angllce 1 impressum, Ecolampadium, Melanctonem, et diversos Erasmi et diversorum aliorum hereticorum condemnatorum, necnon, et librum Vmo Dlssidencium nuncupatum, manifestissimos et maximos errores seu hereticos asserciones in se continentes illosque tarn publice 1 In his answer Borthwick exclaims : ' O good God ! who can suffer so great a blasphemy ? with what a filthy cankered stomach do these Romish swine note the New Testament with heresy ! Who would not judge it a most venomous tongue, which dare pronounce and utter such contumelious words against the holy Gospel of our Saviour Christ ? ' (Cattley's Foxe, v. 620.) Buchanan says that in those days reading the New Testament ' was numbered among the most heinous crimes' (Aikman's Buchanan, ii. 351). On the 29th of March 1539 Norfolk wrote to Cromwell from Berwick : ' Dayly commeth unto me some gentlemen and some clerkes, wiche do flee owte of Scotland as they saie for redyng of Scripture in Inglishe ; saying that, if they were taken, they sholde be put to execution' [State Papers, Henry VI 77., vol. v. p. 154). The penalty attached to the possession of the New Testament comes out very clearly in one of The Gtide and Godlie Ballates (ed. 1868, p. 166)— ' Quha dois present the New Testament Quhilk is our faith surelie ; Preistis callis him lyke ane heretyke, And sayis, brunt sail he be.' And in the Epistle to James the Sixth, prefixed to the Bassandyne Bible, it is said : ' The false namit clergie of this realme abusing the gentle nature of your Hienes maist noble gudschir of worthie memorie made it an cappital crime to be punishit with the fyre to have or rede the New Testament in the vulgare language, yea, and to make them to al men mare odius as gif it had bene the detestable name of a pernicious secte, they were named New Testamentares.' In 1533 Alesius printed a pamphlet 'against a certain decree of the bishops in Scotland which forbids to read the books of the New Testament in the verna- cular tongue ' ; and in the same year Cochlaeus issued a reply in defence of the bishops (Anderson's Annals of the English Bible, ii. 430-441). Archibald Hay — who in 1546 was Principal of St. Mary's College, St. Andrews — testified within eight days of Borthwick's trial that ' those who presided over the Church for many years, acquired very great wealth, [and] boasted that they had not touched a letter of the New Testament ; threatening awful things against all others who most carefully examine the mind of God in the Sacred Writings ' [Ad Illnstriss. Tit. S. Stephani in Monte Coelio Cardinalem D. Dauideni Betoun graiulatorius panegyriens, Paris, 1540, fol. xxxviii). On the 15th of March I 54 2 "3» while the Cardinal was in prison, Parliament declared it lawful for the lieges to possess and read ' baith the New Testament and the Auld in the vulgar toung, in Inglis or Scottis, of ane gude and trew translatioun,' 'providing alwayis that na man despute or hald oppunyeonis ;' but the Archbishop of Glasgow in name of the prelates dissented against the Act until a Provincial Council of the clergy should express an opinion on the subject [Acts of Parlia- ment, ii. 415). ST. ANDREWS KIRK SESSION. . 99 <[iiam privatim legisse, studuisse aliisque presentasse et cora- niunicasse atque plures Cristianos in eisdem instruxisse, docu- isse et dogmatizasse ad effectum divertendi eos a vera fide Cristiana et catholica. 1 Eundem Joannem Borthuik in omnibus hiis erroribus et heresibus tarn pertinacem esse constat, et indurato animo eosdem sustinuisse, docuisse, dogmatizasse sic, ut nolit eb (sic) eisdem diversis suis amicis et personis ilium deligentibus et ad fidem sanctam catholicam reducere volentibus, cupientibus, et suadentibus ullo modo divertere, nec a suis erroribus per eorum consilium declinare velle, aut illis sic suadentibus aliquatenus acquiescere, sed pocuis in suis erroribus immobiliter persistere vellet, 2 de quibus omnibus premissis et multis aliis erroribus per eum tentis, dictis, publicatis affirmatis, predicatis, et dog- matizatis est et laborat publica vox et fama, et ita dictus Joannes Borthuik ut hereticus herisiarcha pessime de fide catho- lica senciens a compluribus personis tenetur, habetur, et repu- tatur. Propterea, nos, Dauid, Cardinalis, etc., sedentes pro tribunali more judicum judicancium, positis coram nobis sacro- sanctis Dei Evangeliis, ut de wltu Dei judicium nostrum pro- deat, et oculi nostri videant equitatem, solum Deum et catholice fidei veritatem pre oculis habentes, ej usque nomine sanctissimo primitus invocato, habito in et super hiis et secuto pruden- cium consilio tarn theologorum quam jurisperitorum, prefatum Joannem Borthuik capitaneum dictum de premissis heresibus et dogmatibus iniquis, et multipliciter damnatis, ut premittitur, suspectum, infamatum, et pe[r]legitimas probaciones contra eum in singulis premissis heresibus convictum, 3 et legitime vocatum, citatum et non comparentem, sed profugum et fug[i]- tivum 4 absentem tanquam presentem sentenciamus, pronunci- 1 This is the article which Keith has omitted. 2 Foxe makes the preceding part of this paragraph the twelfth article, and the •rest ' the sentence of condemnation. ' 3 Lesley says that his heresy was ' provin be sufficient witnes agayns him ' {History of Scotland, Ban. Club, p. 159). But Borthwick himself states that, although they had gathered a great number of witnesses, no proof was alleged except their names (Cattley's Foxe, v. 607). 4 He fled to England, and was sent by Henry the Eighth as a Commissioner to the Protestant Princes of Germany (Lesley's History, p. 160; Spottiswoode's History, i. 139). From a letter of Balnaves to Somerset it appears that Borth- wick had been in St. Andrews Castle in April 1547 (Laing's Knox, iii. 420). 100 REGISTER OE amus, decernimu[s], definimus, et declaramus vere hereticum et heresiarchani fuisse, et esse ac penis heretici convicti et heresi- archi debitis (sic), plectendum, puniendum, et castigandum fore, et propterea curie et potestati seculari trad[en]dum et relinquendum, prout tradimus et relinquimus, oniniaque et singula ejus bona mobilia et immobilia qualitercunque et quocunque titulo acquisita, et in quibuscunque partibus exist - ant ac officia quecimque per eum hactenus habita, sal vis tamen dote et parte, seu porcione bonorum uxori sue incumbent- ibus, que personis, fiscis, et usibus, quibus de jure et con- suetudiue regni applicari debeant, per presentes confiscamus, et applicamus ac confiscari et applicari decerninius, et declar- amus per presentes : necnon, dicti Joannis effigiem manu factam et ad ipsius instar depictam et formatani publice per banc nostram civitatem Sancti Andree, in curru deve- hendam, et postea apud crucem foralem ejusdem nostre civitatis in signum malediccionis aliorumque terrorem et exem- plum ac sue contumacie et condemnacionis perpetuam memo- riam fuisse, et esse conburendam similiter decernimius, non minus tamen, quod si postea idem Joannis apprehendatur eum similes penasjuxta juris disposicionem heresiarchis debitas subi- turum similiter decernimius, et declaramus nulla spe miseri- cordie desuper subsequente, ac omnes et singulos utriusque sexus Cristi fideles cujuscunque dignitatis status, gradus,. ordinis, condicionis, vel preminencie (sic) fuerint, ac quacunque ecclesiastica vel mundana prefulgeant dignitate tenorum pre- sencium expresse monemus ne abhinc dictum Joannem Borth- uik hereticum et heresiarcham convictum et declaratum in eorum domibus, hospiciis, castris, villis, oppidis, aut aliis qui- buscunque locis recipiant seu admittant, aut sibi esculenta vel poculenta aut aliqua alia humanitatis obsequia et necessaria ministrant, seu ministrari faciant, aut secum communicet (sic) edendo, bibendo, aut aliquo alio humanitatis solacio eidem impendendo, aut pertractando, sub simili majoris excommunica- cionis pena et cum certificacione quod, si in premissis culpabules inventi fuerint quod accusabuntur, propterea, ut hereticorum fautores receptores et defensores et penis eisdem incumbentibus prout de jure punientur. 1 Lecta, lata et in scriptis redacta 1 The remainder is omitted by Foxe. ST. ANDREWS KIRK SESSION. 101 fuit, hec nostra sentencia in ecclesia nostra metropolitana et provinciali Sancti Andree nobis inibi in navi ejusdem super scalam et pro tribunali sedentibus sub anno incarnacionis Dominice millesimo quingentesimo quadragesimo, die vero mensis Maii vigesimo octavo. Die quinto mensis Septembris, anno Domini m°v r ljcj. The quhilk daye, Mester Wyliam Scot comperis as procu- The declarator rator and in name of Schyr Ihon Borthuik, knycht, be his cione of the mandat red and admittit, and producis ane edict of the Super- Ich^iho^ intendent and ministerie present, under thar sail, deule executit Borthuik. and indorsat, tharin summond be oppyn proclamacion at the inarcat croce of the cite of Sanctandrois, upon the premunicion of xv dayes bypast, al and syndry havand or pretending to have interes in the caws of discussing and declarator gevyn upon the articlis, allegit haldyn be the sayd Schyr Ihon, and sen- tence condempnator of infanie gevyn tharfor upon the sayd Schyr Ihon be umquhill Dauid, Cardinal, Archibischop of Sanctand- rois, as at mayr lent is contenit in the sayd edict. And al and syndry foyrsaydis havand interes, &c, being oft tymis called, and nane comperand to propone or use ony defence of objectione in the sayd caws and stop of the said declarator, the Super- intendent and ministerie, ryplie and maturle avysed wyth the saydis artikles and sentence, the consall of godlie lernit men and thar consentis tharto had, pronuncis thar declarator as follows : — To all and syndry to quhais kinawlege thyr presentis sal cum, Maister Ihon Wynram, Superintendent of Fyff, minis- ter, eldaris and diaconis of Cristis kyrk wythin the reformed citie of Sanctandrois, grace, mercie, and peace frome God our Father, throwgh Jesus Crist owr Lord and onle Saluior, wyth perpetuall increas of his Holie Spirit. It mot be knawyn that we — be verteu of ane commission and supplicacion, direct to us be deliverance of the Lordis of owr Soweran Ladeis Secreit Consayll under thar lordschippis subscripsionis, of dayt, at Edinburgh, the xij daye of August, in the year of God m°v c lxj yearis, purchest and presented befoyr vis be Schyr Ihone Borthuik, of Ceverie, knycht — being requested and desyrit to considder certane articles alleged haldyn be the said Schyr 102 REGISTER OF Jhone Borthuik, and quharupone ane pretendit sentence wes gevyn be umquhill Dauid, Cardinall, Archibischop of Sanctand- rois, decernand the saidis articlis hereticall, and thar throwgh the said Schyr Ihon to be infamed and punissed, &c. ; and, the saidis articlis being fundyn be us ressonabyll, conform to Goddis Word and not hereticall, to declar the said Schyr Jhone not to have falyeit tharintyll, nor to be infamed nor punissed,. or to incur ony skayth ther throwgh, bot at he may perse w his just accionis befoir quhatsumever jugis, nochtwythstanding the sammyn ; and to geve our declarator tharupon, conforme to the law and Word of God. Quhilk commissione being be us resavit, wyth reverence and obedience as efferit, together wyth the trew exemplar of the foyrnamed artiklis and sentence y copeit and collacionat be Ihon Mosman, notar publict, and scrib to the schyrreff deputis of Edinburgh, under his signe and subscripsion,' drawyn furth of the actentik extract of the sammyn, extrackit furth of the Registre of the sayd umquhill Dauid, Cardinall, be Maister Andro Elephant, notar publict, and secretar to the said umquhill Dauid, Cardinall, under his signe and subscripsion ; and be Jhon Lord Borthuik purchest be compulsatoris, executed upon the said Mr. Andro 1 ; and be the said Lord produced befoyr the saidis schyrefF deputis, the copeis quharof ar registrat in our bukis ; and efter our accepta- cion of the foyrsaid commission, all and syndry havyng or pre- tending to have interes in the said caws, or ony thing that followed tharupon, being summond be our publict edict, and proclamacion of the sam of (sic) the marcat croce of the said citie (and copy tharof affixed upon the said croce), to compeir for thar interes at certan day and place tharin assigned, upon the premunicion of xv dayes warnyng precedeing the said day ; and we in the mayn tym havand trial, consideracion and 1 Oliphant had already been subjected to a much more disagreeable experience. Writing on the 4th of February 1559-60, Randolphe says: — 'The Duks men took . . . a faithfull chapelein and a paynefull, of the Bishop's of St Andrevve, called Sir Andrewe Olifant, that accompayned the Franches in this voiage, by the commandement of his lorde and maister. Ther was fownd abowte hym a bill of as many as the Byshop had named to be saved from spoiling in Fife ; the copie of his inventorye is sent unto my Lorde James, that the Bishops freends may be the better knowen, and he hymself putt into the prison at Glascoughe ' (Sadler's State Papers, ii. 239, 240). ST. ANDREWS KIRK SESSION. 103 jugiment, in discussing of the saidis artiklis and sentence, wyth the consail, jugiment and consent of venerabill and godlie lernit men, to wyt, Mr. Ihon Dowglas, Rector of the Univer- sitie of Sanctandrois, and Provest of the New College, Mr. Robert Hammyltoun, regent in the same, Mr. Jhon Rwyerfurd, Principall, Master Wyliam Ramsay and Mr. Dauid Gwyld. mesteris in Sanct Saluatoris College, Mr. Ihon Duncanson, Principall, 1 and Mr. James Wylke, rege[nt], in Sanct Leonardis College, wyth otheris divers ministeris and professoris of Godis Word ; the explicacion of the said Schyr Ihon Borthuik, con- cernyng certan generaliteis contenit into sum of the saidis artiklis, be us hard, considerit and wyth the saidis artiklis conferred and fullelie aggreand: we fynd the saidis artiklis racionabill, not liereticall, bot ma stand wyth Godis Word, and none of tham bot may be interpret to ane gud sence, according to the mynd of the said Schyr Ihon in his explicacion tharof ; and heirfor declaris the saidis artiklis racionabyll, and not liereticall, and the said Schyr Jhon Borthuik not to hav falyet tharintyll, nor to have deservit infamite, puniscliement, nor skayth tharfor ; bot he, as ane man of gud fame, may persew his just accionis befoir onyjuge competent, notwithstanding the said pretendit sen- tence ; quhilk in the self we declar to be null and wranguslie 1 Probably the same 'Jo. Dunkanson ' who, in 1 5 1 5, was in the second class of St. Leonards with Ninian Bard, John Rowl, John Dowglas, John Wynram, and Alexander Alan, afterwards known as Alesius {Register of St. Andreius University). He was a canon of the Augustinian Priory, and 'became Prin- cipal of St. Leonard's College in 1556,' and, 'having been converted to the reformed religion, retained his office in the college, as his share of the rents of the convent.' When he ' retired from the principality in 1566, he gave to the college a great cup or maizer, double gilt, and other articles, to the value of 30 pounds, also 20 pounds to purchase coals, 100 pounds to the new work of the college, with 50 pounds of his yearly pension for the abbey of St. Andrews. In addition to these donations, amounting to 200 pounds, he gave two tin flagons for the use of the college, and (what appears to have been much more valuable) all his books, both great and small ' (Lee's Lectures, ii. 346, 347). Though he thus parted with his books and so much of his money, his course was not nearly run, for he took a prominent part in the affairs of the Church during the next thirty years. He was minister at Stirling in 1563, was afterwards appointed minister of the King's household, and, coming to Edinburgh with the King, continued to preach in the chapel of Holyrood. He died on the 4th of October 1601, being about a hundred years old (Scott's Fasti, i. 150 ; ii. 671 ; Wodrow Miscellany, pp. 455, 456). 104 REGISTER OE gevyn, and the gevaris tharof to hav schawynn tham seltis tharby mer ignorant of Godis Word and lawis, and plane inemeis to his trewth. Pronuneed in the eonsistoriall hows, wythin the parroche kyrk of the citie of Sanctandrois, upon the v daye of September, in the year of God m°v c lxj yearis, as day assigned in our sayd edict, in payne of not comperance of tham havand interes, heyrto summond, called, and not comperand. In wytnes and testimone of the premissis, to thir our present letteres of testimoniall and declarator, subscrivit wyth our handis, the sailis of Superintendent and ministerie foyrsayd ar affixed, year and day foyrsaidis. 1 Die viij mensis Octobris, anno Domini 1561. Procesaganis The quhilk daye, comperis Johane Malwyll, 2 minister of tounof Camnio, Cristis kyrk in Crayll, and, in presens of the Superintendent and \moTinCravii mm i s t ei *i e > producis ane summondis deulie execut and indorsat, and Caiuartis ' tharin summond Begis Calwart, Robert Calwart, hyr brother, in Kingisberms. Ryngisbernis, Wiliam Mortoun, of Cambo, Elizabath [Bowsie — deleted] Arnot, spows of Wiliam Bowsie, in Crayll, and the said Wiliam for his interes, to ansuer to the punctis of the saidis summondis respective. And thai called and nocht comperand to ansuer, nochtwythstanding that thai war anis of befoyr summond and nocht comperaind ; and now in the secund summondis chergit to compeyr person- alie, wyth deu intimacion gvf thai comperit nocht that the Superintendent wald proceid and resave probacione. Accord- ing to the tenor of the quhilk summondis, the Superintendent, in payn of thai* nocht comperance, admittis the punctis of the foyrsaid summondis to the probacione of the said Ihonie 1 The sentence of excommunication having been thus reversed, the civil sequel followed in due time. On the 28th of February 1562-3 Borthwick was rein- stated in all the possessions and honours he had ' befoir the leding and deducing' of Beaton's ' pretend it sentence aganis him ' {Register of the Privy Seal, cited in M'Crie's Knox, 1861, p. 394). 1 This worthie knight ended his age with full- nesse of dayes in Sanct Andrewes' (Calderwood's History, i. 123). The exact time of his death is unknown, but it must have been before the 9th of December 1570, for in a charter of that date William Borthwick is mentioned as son and heir of the late Sir John Borthwick of Cineray {Register of the Great Seal, iv. No. 1974). - An elder brother of the famous Andrew Melville. ST. ANDREWS KIRK SESSION. 105 MalwyD ; qubai for probacione tharof producis Mr. Wiliam Meldrum, Niniane Hammyltoun, Mr. Alexander Mortoun, Jhone Brown, Robert Grwb, Wiliam Crostrophyn, Dauid Grundestowin, Dauid Wyle, Wiliam Trayll, Wiliam Kaye, and Alexander Bell, quhilkis ar resavit, sworne, and to examina- cione admittit, and presentlie examinat upon the punctis of the said summondis, of quhilk summondis the tenor followis. Maister Johane Wynram, Superintendent of [Fyff], 1 to my lovyttis, minister, readar of Crayll, or ony other being required upon the execucion of thir presentis, greting, for sa mekyll as it is humilie menit and schawyn to me, that quhar Begis Calwart, in the Kingisbernis, 2 oppinlie injurit, difFamit, and sclanderit Janat Bowman, spows of William Crostrophyn, in Kingisbernis, in calling of the said Janat ane huyr, and at sche wes huyr to hyr awyn servand and hyir man : or sic lyik wordis in effect. For the quhilk injuris and sclander, sche wes dilated, accused, and convict, befoyr the minister and eldaris of Crayll, present for the tym in thar assemble ; and be thai* deliverance ordened to have comperit in the publict assemble of the congre- gacione of Crayll, upone ane certane Sunday in the moneth of August last bypast, and thar to have maid public satisfaccione to the partie and congregacione offendit. At quhilk daye comperit thar wyth hyr Robert Calwart, in Kyngisbarnis, and mayd plane contradiccione and interrupcione to the minister in the pulpot, saying thir wordis, or syclik in effect, as followis : — Begis Calwart sail mak na amendiment to Janat Bowman, except that Janat ask hyr forgyfnes ! Attowr, it is also menit and schawyn to me be Johane Malwyll, minister of Goddis Word in the said kyrk of Crayll, that, upon the foyrsaid Sunday, he, takand occasione be nonpayment of the stipend ordened to have beyn payed to the reader of the said kyrk furth of the frutis and vicaraige, persuaded and exhorted the auditor to ansuer the said reader, and pay to hym his stipend of the rediest in thar handis, to the support of his gret necessitie, rather than to ansuer sic as did nothing tharfor. And albeid 1 Omitted. 2 On the 9th of February 1631 the Commissioners of Teinds ratified an Act of the Kirk Session of Crail erecting Kingsbarns into a separate parish, and Parlia- ment confirmed it in 1633 (Arts of Parliament, v. 85). 106 REGISTER OE he maid his protestacion, that na man sulci be offended therby, nevertheles, Wyliam Mortoun, of Cambo, 1 oppinlie in the pub- lic essemble, manest, boistit and injurit the said minister in the pulpot, saying thir wordis following, or sicklyik in effect : — My brother 2 is and salbe vicar of Crayll quhen thow sal 1 In January 1555-6 William Mortoun, or Myretoun, resigned the lands and barony of Cammo to his son Thomas, bat reserved a free tenement to himself {Register of the Great Seal, iv. No. 1023). ' Myretoun off Kammo ' was a member of Parliament in 1560 {Acts of Parliament, ii. 526). According to Wood, William Myrton of Cambo was twice married. By his first wife he had Thomas and thirteen daughters, all of whom were married, except the youngest, who became a nun and died abroad. And by his second wife he had Patrick and four daughters, all of whom were married — the fourth in 161 7 to Robert Maule, uncle of the first Earl of Panmure. Myrton died shortly before 1581 {East Neuk of Fife, 1887, pp. 460, 461). 2 In 15 1 7 the parish church of Grail ' was, on the petition and endowment of Sir William Myreton [vicar of Lathrisk, and a relative of the Cambo family], with the consent of Janet, Prioress of Haddington, erected into a collegiate church, with a provost, sacristan, ten prebendaries, and a chorister' [Register of the Collegiate Church of Crail, p. 4). On the 4th of January 1561-2 certain houses and lands were feued by Mr. David Myrtoun, vicar of Markinch, and prebendary of St. Catharine's chaplainry in the parish church of Crail, with consent of Mr. Alexander Myrtoun, apparent heir of Alexander Myrtoun of Randelstoun, patron of the said prebend {Register of the Great Seal, iv. No. 2839). The Myrtouns of Randelstoun, or Randerston, were a branch of the Cambo family (Wood's East Neuk, p. 460). There were still other bonds of connection between the Myrtouns and the church of Crail. In 1546 Mr. Patrick Myrtoun was Archdean [? Archdeacon] of Aberdeen and Provost of the Col- legiate Church of Crail, in 1570 he was Treasurer of Aberdeen and Provost of the College Kirk of Crail, and in 1576 Mr. Patrick Myrtoun received a presenta- tion under the Privy Seal to the Provostry of Crail, then vacant through the non-compearance of Mr. Patrick Myrtoun, last Provost thereof, to have given confession of his faith and his oath of allegiance (Conolly's Fifiana, 1 869, pp. 143, 151, 153). In 1583 the General Assembly earnestly craved the King and Council : ' that ane brother of the Laird of Camboes, refuseing to abyde the judgement of the Kirk, and allowes the breaking of the [King's] lawes con- cerning his religioun, may be summoned to a particular dyatt, to underly the law' {Booke of the Universall Kirk, Ban. Club, ii. 616). On the 23d of March 1594-5 Father Mortoan, a Jesuit, was arrested at Leith on the very night of his arrival, finding that he was apprehended he tore his instructions with his teeth, but the document was taken from him and deciphered. He also brought a valuable tabernacle or shrine with him. Colville says : — 'The man is a folishe bigot Papist, and hes bein abrod this 10 year : of the hous of Cambo, in Fife. . . . The superstition and folie of the preist forseid wes much lawchin at. When he saw his Majestie tak the tabernacle, and that he must neadis part with it, he craved it for a grace anis to kis it befor he suld want it ' (Colville's Letters, Ban. Club, pp. 150, 151). ST. ANDREWS KIRK SESSION. 107 thyg 1 thy mayt, fals smayk ; I sail pul ye owt of the pulpot be the luggis, and chais ye owt of this town ! In lyik maner it wes menit and schawyn to me, be the said minister, that upone ane Sunday in the moneth of Junii, in this instant year, he being in the public assemblie and kyrk of Cray 11 preachy ng Goddis Word, and, as liis tex for the tym ministrat occasion, applyand his doctrin to the fals bretheren of Papistis, wythowtyn ony just occasion of offence mayd be hym to ony person, Elizabeth Arnot, spows of Wiliam Bousfie], 2 rays in the essemble and wyth hech voce said aganis hym thyr wordis, or siclyik in effect, following : — It is schame to yow that ar gentillmen that ye pull hym nocht owt of the pulpot be the luggis ! Quhilkis fo vrsaidis offencis, so grevoslie tending to the contempt of God and his most holy Word and ministeris therof, expres aganis all law and gud ordor, being denunced to me; and I for my par[t, and] according to my vocacion and dewetie, direct my otheris letteres of befoyr upon the saidis personnis committaris of the same, chergyn thame to have comperit befoyr me and the ministerie of Sanctandrois as principall town of my residence, at certan day assignit to tha[m], to ansuer to the foyrsaidis ; and to have hard and seyn tham decernit, be jugimient of the kyrk, to have falyeit gretumly, 3 and to underly disciplin therfor accordinglie. Quhilkis letteres, at day appoynted, being repro- duced befoyr me, deulie executed and indorsat, and the foyr- saidis personnis, oft tymmis called and nocht comperand, ar to be haldyn therby contumaces and nocht obedient. Heirfor I requir you and every ane of you, in the nam of the eternall God, that ye laufullie summond, warn and cherge the saidis Begis Calwart, Robeift] Calwart, Wyliam Mortoun, Elizabeth Arnot, and Wiliam Bowsy hyr spows for his interes, to compeyr befoyr me and the ministere of Sanctandrois, wythin the parrochie kyrk and consayll hows therof, upone Wedinsdaye, the viij day of October instant, at twa howris efter nuyn, as 1 Beg. - William Buse, or Bowsie, was one of the bailies of Crail in 1551 {Register of the Great Seal, iv. No. 2454). As will be seen in a subsequent note (p. 1 1 1), he was deprived of that office in 1567 ; and a Wyliam Bowsie, in Crail, was delated to the Superintendent for adultery on the nth of February 156 1-2. :? Greatly. 108 REGISTER OF howr of caus ; and ther to ansuer upon the offences foyrsaidis respective, and to se probacion deduced and takyn tharupon, and thame and every ane of thame respective decernit to underly disciplyn and correction, according to the law of God and ordor of the kyrk establesched ; and to mak sythment 1 to the parteis offended : makand to tham be thir presentis intimacion that, quhidder thai compeir or nocht, we wyll procead in the saydis causis, as the Spirit of God sail inspyr us, and as we maye and awcht of the law of God. The quhilk to do we commit to you power in the Lord, be thir presentis, delivering the same be you deulie executed and indorsat agane to the berrer. Gevyn under the Superintendentis signet and subscrip- sion, at Sanctandrois, the secund day of October, in the year of God ane thowsand, fyve hundreth, sexty ane yearis. Folio wis the deposicionis of the wytnes in thir foyr- saydis causis. [Deposicionis Maister Wyliam Meldrum, sone to the Lard of Newhall, of wytnes.] summond, called, sworne, and examinated upon the poyntis of the summondis befoyr wryttyn. And fyrst, concernyng the partis 1 of Begis Calwart and Robert Calwart hyr brother, he confessis the sam as thai ar libellat. Secindlie, concernyng the part of Wiliam Mortoun of Cambo, the deponar confessis the sam as it is libellat. And also confessis the part libellat aganis Elizabeth Arnot. Examinat upon his caws of knawlege, he ansueris that he wes present in the essemble of Cray 11, tym and place libellat, hard and saw as he lies deponit. Examinat upon the generall interrogatouris of the law, he purgis hym : and wald justice triumphit. 2 Niniane Hammyltoun, familiar servand to the lard of New- hall, sworn, and examinat upon the poyntis of the foyrsayd libellat summondis, be his ayth deponis, and is conform to Mr. Wyliam Meldrum, wytnes preceadyng, in all thingis. 3 Robert Grub, servand to the Lard of Newhall, examinat upon the foyrsaid libell and poyntis tharin contenit. The 1 Satisfaction. ST. ANDREWS KIRK SESSION. 109 fyrst concernyng Caluartis he denyis. As to the secund, con- cernyng Wiliam Mortoun of Cambo, he ansueris and deponis that [he] 1 wes present in the essemble in Cray 11, tym libellat, hard Wiliam Mortoun save to Ihon Malwyll minister, he being in the pulpot, that he snld tak hym owt of the pulpot be the luggis and chais hym owt of the towin. He knawis na mayr of the libell. Examinated upon the in terrogatouris of law, he purgis hym ; and wald justice triumphit. 4 Maister Alexander Mortoun, eldest sone of Randerstoun, 2 summond, called, sworne, and examinated upon the thre headis and poyntes of the sayd libellat summondis, deponis, and is conform to the fyrst twa wytnes in al thingis concernyng the accionis of Calwartis and Wyliam Mortoun of Cambo. Item, as concernyng the part of Elizabeth Arnot, he denyis it, and grantis that he wes in the kyrk tym libellat, and hard hyr cry wyth lowd voce ; bot, he wes sa far distant fra hyr, he mycht nocht heyr the sentence of hyr word. 5 Johane Brown, of layt called Schyr Ihon Brown, 3 prebendar in Cray 11, sworn and examinat &c, be his ayth deponis, and is conform to Mr. Wyliam Meldrum fyrst wytnes in all thingis. 6 Wyliam Crostrophvn, of layt otherwayis called Schyr Wyliam, prebend er in Cray ll, 4 sworn and examinat &c., is conform to Mr. Wyliam Meldrum fyrst wytnes in al thingis. 7 Dauid Grundestown, wytnes, sworn and examinated &c, deponis and is conform to Mr. Alexander Mortoun concernyng twa headis. The thrid he denyis : he wes nocht present that daye. 8 Wyliam Tray 11, wytnes, sworn and examinated &c., deponis 1 Omitted. 2 See note 2, p. 106. 3 Among the old documents belonging to the burgh of Crail there is an instrument of sasine, dated 20th January 1550, in favour of Sir John Brown, chaplain, in five acres of arable land, being parts of the lordship of Cambo, proceeding on the resignation of Sir William Myrtoun, in consideration of two hundred merks paid to him by the said Sir John (Conolly's Fifiana, p. 144). He unfortunately married a wife who proved unfaithful {Booke of the Universall Kirk, Ban. Club, i. 396 ; Scott's Fasti, ii. 416). 4 William Costorphin, priest, is mentioned in 1539; and in 1580 he and the other prebendaries of Crail granted a charter to John Lawson of a tenement in St. Andrews, to be held for the payment of twenty shillings Scots {Fifiana, pp. MO, 154)- 110 REGISTER OF and is conform to Dauid Grundestoun wytnes preceading in al thingis. 9 Dauid Wyle, servand to the Lade Balcome, wytnes, sworn and examinated &c, be his ayth deponis, and is conform to Mr. Wyliam Meldrum fyrst wytnes in all thingis. 10 Wyliam Kaye, in Fawsyd, wytnes, sworn, and examinated be his ayth, deponis and confessis all the poyntis of the libellat summondis. Gevyn his caws of knawlege, that he wes present, hard and saw as is libellat. . 11 Alexander Bell, servand to the Lard of Pytmule, wytnes, sworn and examinated &c, be his ayth deponis, and is conform in all thingis wyth [Alexander — deleted] Wyliam Kaye, wytnes preceadyng. Die xv t0 Octobris, anno Domini m°v c Lrj. Sentencia The quhilk daye, comperis Johan Malwyll, minister of Crayll, uanes, Wyliam an d producis ane summoindis of the Superintendentis deulie Cambo^nd execu ted and indorsat, tharin laufullie summond to this daye, Elizabeth Begis Calwart, Robert Caluart, hyr brother, Wyliam Mortoun, of Cambo, Elizabeth Arnot, spows of Wyliam Bowsie, to heyr the sentence pronunced aganis tham respective, for the causes and thai* offences specifyed in the libellat summondis registrat in thir bukis the viij of October instant. And thai and every ane of tham called, lauful tym byddyn, and nane of tham com- pirand, the Superintendent, rypplie and maturlie avysed wyth the sayd libellat summondis and headis tharin contenitt, the deposicionis of wytnes tharupon produced, and al otheris deduced in the sayd caws, fyndes all and hayll the poyntis of the foyrsayd libellat summondis laufullie and sufficientlie provyn: and heirfor, wyth avys and consayll of the ministerie of Sanct- androis, pronuncis and decernis and declaris the saidis Begis Calwart, Robert Caluart, and Wyliam Mortoun, of Cambo, and Elizabeth Arnot, and every ane of tham according to the gravite of thar dilacionis, to have grevoslie offendit aganis the law of the eternall God, the establesched ordor of the Kyrk, and aganis the sayd Johan Maluyll minister, to the havy and grevows sclander of the Ewangell of Crist Jesus and his religion, and evyll exempell to otheris : and heyrfor, the sayd Begis ST. ANDREWS KIRK SESSION. m Calwart to compeir in the public essomble and kyrk of Crayll upon Sunday, the xxvij of October instant, and thar mak the satisfaccion for the injurie and sclander be hyr don aganis Janat Bowman, according to the chearge gevyn to hyr be the minis- ters of Crayll ; and also confes hyr offence in dissobeying the sayd chearge, and humyll hyrself upon hyr kneis, ask God mercy and the congregacione forgyfnes : and the said Robert CalwartJ to compeyr, day and place foyrsayd, and confes his offence, humyll hymself in the presens of God one his kneis ask God mercy and the congregacione forgyfnes: and the sayd Hy ham Mortoun, of Cambo, to compeir day and place foyr- sayd, and confes his foyrsayd offence in the presens of God and the congregacion, humyll hymself on his kneis, ask God mercy and the sayd Johan Malwyll in speciall and the holl congrega- cion forgyfnes: and the said Elizabeth Arnot to compeyr daye and place foyrsayd, and confes hyr offence foyrsayd in the presens of God and his congregacion, humyll hyrself one hyr kneis, ask God mecy (,k) and the sayd Johan Malwyll in speciall and the holl congregacion forgyfnes: ilk person foyr- sayd under the payn of excommunicacion, quhilk pane to be put to execution upon the disobeyaris, gyf ony sail attempt to disobey. Pronunced in presens of the sayd Ihon Malwyll and m payn of nocht comperans of the saydis Begis, Robert W yham, and Elizabeth, heyrto laufulle summond. „f , tl!; aI r rt ', 0r aftmvards 8°' ™° ™re serious trouble. He was one Ifnf rf °J r ^. ter Th ° maS RamSa ^ heretabi " t«"' of ane ZZZt I 0f 1 ' h V an , d '% 0f c Klngisbai ' nis '' bat al *ough Ramsay obtained a decreet before the Lords of Session decerning his tenants to remove, S refused to T; ev ,M r ' denunceit reMl and p* 1Z*£1 b hai , r menU Mm '° the Loidis of S ~ thai— Ind tewa of F V TZ b / Uthe " S ' ettreS ' ***** Da " d <* oSL obe r Ca,va? Tb I P ^ Sdk tak and a PP' eb » d the said ■ ,f he % STtadS dh? W r n . . , . , . , mesmongaris indorsat, to compeir in this his session befoyr hym and minis- terie of Sanctandrois, to underly disciplyn for saying mes and hearyng tharof, and ministracion of sacramentis unadmittit and in privat howsis ; thai, oft tymmes called and non of tham com- perand, ar noted contumaces. The Superintendent decernis letteres of excommunicacion in dew forme to be execut aganis tham accordyng to the ordor of the kyrk. The quhilk daye, Thomas Walcar and Margret Mowtray, Walcar and parrochinaris of Kyngorne, delated for fornicacion committed fo^atoris betuix tham, and summond tharfor, be the Superintendentis 3 excommunicat. letteres deuly execut and indorsat, this day to compeir and underly 4 disciplyn ; and nocht comperand ar notat contumaces, and letteres decernit upon tham in forme of excommunicacion to be execut accordyng to the ordor of the kyrk. The quhilk day, Annabell Adeson, nurice to Mr. Robert Adeson, harlot, Ayrth in Couper, and harlot to Schyr Dauid Donaldson, 5 Papist excommunicat - prest, summond to underly disciplyn befoyr the Superintendent ; and nocht comperand is notit contumax, and letteres of excom- municacion decernit to be execut aganis hyr accordyng to the ordor of the kyrk. The quhilk daye, Schyr Alexander Gaw and Catren Nesche, Gaw and Xeis huyrmongaris and adulteraris, delated to the Superintendent, excommunicat. dwelland in Abyrnethy, summond to this day to underly dis- ciplyn ; and nocht comperand ar noted contumaces and letteres 1 Dean John Wilson, canon of Holyrood and vicar of Kinghorn, made a public recantation in the parish church of St. Andrews in February 1559-60 (supra, pp. H-13). Be in MS. 3 Superintendis in MS. 4 Undrly in MS. 5 See supra, p. 183. 194 REGISTER OF decernit upon tham in forme of excommunicacion, to be execut according to the ordor of the kyrk. Die x mensis Mail anno Domini 1564. The quhilk daye, Johane Anderson, sumtym vicar of Glesche, 1 of his awyn proper confession, oblesis hym to solemnizat his mariaige wyth Eufame Pattone upon Sunday the xxviij day of Maii instant, called Trinite Sunday, and to report testimonial to the Superintendent tharupon ; and that he and the said Eufam sail underly disciplin, and fulfill the ordinance of the Superintendent as he sail burdyn tham wyth to the uttermost. Heir followis the proces led aganis Johane Bycartoun, 2 saidlar, citiner of Sanctandrois, for contempt of the ordor of the kyrk and ministerie, begun the x day of the moneth of Maii, the year of God m°v c sexty fowr yearis. The quhilk daye, Johane Bycartoun, saidlar, citiner of Sanctandrois, delated for contempt of the establesched ordor of the Reformed Kyrk wythin the citie of Sanctandrois, in pro- curyng of his barne, 3 laytlie borne wythin this cite, to be presented to baptisme be Mr. Dauid Meldrum, his self being present for the tym wythin the cite wald nocht present his awyn child to baptisme, tharby gevand occasion of offence and sclander to 4 the holl kyrk. Johane, called befoyr the 1 The parish of Glass in the presbytery of Strathbogie. 2 In the list of the hammermen of St. Andrews on the 4th of March 1547-8, there is the name of ' Jhone Byccartone ' ; but, as it is in a different hand from the others and occurs near the end, it has probably been added afterwards. At all events, on the 24th of January 1550-1, there is this plain statement : — 'Alex- ander Powte hes ressavit Johnn Bicartoun in prenteis, and the said Johnn oblessis hym prenteis to the said Alexander for fyif yeris and ane yeir for meit and fee. ' His name is also duly mentioned in the list of the brethren of the craft dated 24th July 1560 {Minute-Book of the Hammermen of St. Andre-ivs, MS.). He was one of those who befriended the Dominicans in St. Andrews (see supra, p. 16, n.). 3 Lame in MS. 4 To to in MS. ST. ANDREWS KIRK SESSION. 195 ministerie to have beyn accused heirof and comperand, pre- venit the accusacione, and, all reverence set asyd, stubburnly, wyth pertinacite, affirmit and mantenit his contempt of the said ordor, saying thir wordis in effect following : Quhat is this ye wald wyth me ? I knaw weyll anewch it is becaus I wald nocht present my awyn barne to baptisme ! I never pre- sented ane of my awyn barnis to baptism nor never wyll ! I hav nothing to do wyth yow nor yowr ordor, it is nocht grundit upon the Scriptur, it is bot idolatre inventit be the braen of man ! And albeyd the said Johan confessed that he had com- municat at the Lordis tabyll wyth the rest of this congregacion, and also that he had assistit the congregacion wyth his body armit in defence aganis the inimeis impugnoris of the trewth ; nevertheles, being required be the ministerie to remane and resave ansuer of the foyrsaidis Avordis be hym spokyn and to submit hym to disciplyn, he stubburnly departed, refusand to heir the voce of the kyrk, and denyed hym to have ony thing to do wyth the ministerie, or Superintendent, also present for the tym. In respect of the quhilkis premissis, the ministerye ordenis ane supplicacione to be put in dew forme under the sayll of the ministerie, and gevyn up to the magistratis of this cite, requesting thaim of thar dewetie and office to put sic ordor to the said Ihone that be thar autorite he be brocht to obedience of the kyrk : and gyf this sail nocht serve, the minis- terie to procead aganis Jhon Bicartoun to excommunicacion, as to the gretast and last punischement belangand to the spirituall ministerie. Followis the tenor of the supplicacione. Minister, eldaris and diaconis of Cristis kyrk and congrega- Suppticwio cione of the cite and pareson of Sanctandrois, to the honour- bailies and abyll Provest, bailies and consayll of the sayd citie, Grace, consa y 11 ]- mercy and peace frome God the Father, throw Jesus Crist, wyth perpetuall incress of the Holy Spirit. We have takyn occasione bye the contempt and inobedience don and schawyn befoyr us be Ihone Bycartoun, saidlar, inhabitant of this cite of Sanctandrois, to direct this our supplicacione to your honor- abyll wysdomis, most ernistly requestyng of your dewetie, and 196 REGISTER OF autorite of your offices, to attend to the same ; [lest] 1 that be the evyll exempill of one permitted, otheris and mo at efter attempt wythowtyn fear to the lyik contempt and inobedience, and that to the subversion of all godly ordor, and of the com- mone peace and quietnes we have had be the space of thir last fyve yearis, granted to us be the gudwyll and favor of our God; nocht dowtyng bot your honorabyll wysdomis wyl do that be- cummis of dewetye toward the said Johan Bycartoun, to bryng hym to obedience of the kyrk, that na occasione be left to us to draw the fearfull swerd of excommunicacion aganis hym, quhilk of nay way we pretend to do sa lang as ony other hop of remedy sail appeir. Gevyne under the say 11 of the said ministerie, at Sanctandrois, upon the ten daye of the moneth of Maii, the year of our redempcione ane thowsand fyve hun- dreth sexty four yearis. Die ocxiiij mensis Maii anno Domini 1564. [Bycartoun The quhilk daye, it wes denunced to the ministerie in thar still inobedient.J sess j one ^hat t ne r a pp erec l na hop of obedience to be fundyn or had of Ihon Bycartoun, be meanis of the magistratis of this cite and thar supplicacione direct to tham for the sam purpos, nochtwythstanding the magistratis had schawyn tham weyll myndit tharin. And also be new delacione gevyn in upone the said Johane Bycartoun to the ministerie, thai fynd that the sayd Johane Bycartoun, oppynlie befoyr the consayll of the town, hes impugnit and vilependit the godly establesched ordor of the kyrk, of examinacion and confession of fayth used and gevyn be the faythfull befoyr thar admission to the Lordis tabyll, as ane thing nether godly nor necessar to be used. 2 In 1 Omitted. 2 'All ministeris must be admonisched to be more cairfull to instruct the ignorant than readdie to satisfie thair appetiteis, and more scharp in examina- tioun then indulgent, in admitting to that great mysterie such as be ignorant of the use and virtu of the same : and thairfore we think that the administratioun of the Table aught never to be without that examinatioun pass before, especiallie of those whose knawledge is suspect. We think that none ar apt to be admitted to that mysterie who can not formalie say the Lordis Prayer, the Articles of the Beleif, and declair the soume of the Law . . . Everie maister of houshald must be commandit eathir to instruct, or ellis caus [to] be instructed, his children, servandis, and familie, in the principallis of the Christiane religioun ; without ST. ANDREWS KIRK SESSION. 197 respect quharof, the ministerie thocht necessare to desyr the sayd Jhon to cum instantly and confer wyth tham, brotherly wyth quietnes, anent all contraverseis, and to that effect direct fyrst Jhon Motto, ane of the eldaris, and George Blak, ane of the diaconis, to request hym to cum to tham : quhilk return- yng wyth negatyve ansuer resavit fra the said Ihon, thai direct Master James Wylk and Mr. Martyn Gedde, eldaris [and Alex- ander Myller diacon — deleted] to persuad and solyst hym brotherly to cum and speyk wyth the ministerie. Thai also returnand wyth negatyve ansuer, the ministere decernis ane summondis to be lebellat upon his contemptis wyth admonicion 1 in the sam, to be execut in the public essemble of the congre- gacion this nixt Sundaye, to summond the sayd Ihon Bycartoun to compeir befoyr tham upon Wednisday, the last day of Maii, to ansuer to the punctis tharof and to underly disciplyn, under pane of excommunicacion : and so to procead one to the thrid admonicion aganis hym ; and gyf he persistis in his contemptis, excommunicacion to be pronunced aganis hym. Die ultimo mevms Mali anno quo supra. The quhilk daye, in the session of the ministerie of Sanct- androis, comperis George Blak, readar of the sayd kyrk, and producis ane libellat summondis under the sayll of the said ministerie, deuly execut and indorsat, tharin summond Ihon Bycartoun to this daye and session. Of the quhilk summondis the tenor followis : — Minister and eldaris of Cristis kyrk and congregacion wythin [Tenor of the fyrst sum- mondis.] the knawledge whairof aught none to be admitted to the Tabill of the Lord Jesus: for suche as be so dull and so ignorant, that thei can neathir try thame selfis, neathir yit know the dignitie and misterie of that actioun, can not eat and drink of that Tabill worthelie. And thairfore of necessitie we judge it, that everie yeare at least, publict examinatioun be had by the ministeris and elderis of the knawledge of everie persoun within the Churche ; to wit, that everie maister and maistres of houshald cum thame selvis and thair familie so many as be cum to maturitie, before the ministeris and elderis, to gyf confessioun of thair faith, and to ansueir to such cheaf points of religioun as the ministeris shall demand. Such as be ignorant in the Articulis of thair Faith ; understand not, nor can not re- hearse the Commandimentis of God ; knaw not how to pray ; neathir whairinto thair richtuousnes consistis, aught not to be admitted to the Lordis Tabill ' (First Book of Discipline, ninth head). 1 Admcion in MS. 198 REGISTER OF the citie of Sanctandrois, to George Blak readar of the said kyrk, Grace mercy and peace, throw Jesus Christ, wyth per- petuall incress of the Haly Spirit. Seing it hes pleased the gudnes of the Eternall, our God, of his meir mercy, to deliver and reduce us furth of the bondage and yok of Antecrist, to the lycht of the Ewangell of Jesus Crist be plenteows prechyng of the same ; so that the face of ane perfyt reformed kyrk hes beyn seyn wythin this cite be the space of fyve yearis, the sacramentis deuly ministrat, all thingis done in the kyrk be comly ordor establesched, disciplyn used and resavit wythowtyn contempt or ony plane contradiccione of ony person; quhill now laytly, [upon] 1 the x day of Maii instant, Johan Bycartoun — saidlar, inhabitant of this cite, and membre of this congrega- cion, adjonit be parttakyng of the Lordis Suppar wyth his bretheren at the Lordis Tabyll, and assisting the congregacion wyth his body armit in defence aganis the inimeis impugnaris of the trewth as ane Protestant, and so haldyn and estemed hethyrto — being delated, called and to have beyn accused befoir us for contempt of the godly and comly ordor estab- lesched in the kyrk, in procuryng his child laytlye borne wythin this cite to be presented to baptisme be Mr. Dauid Meldrum, his self being present for the tym wythin this cite wald nocht present his awyn child, tharby gevand occasione of offence and sclander to the holl congregacion : the said Johan comperand befoir us prevenit our accusacion, and, all reverence set apart, stubburnly, wyth pertinacite, affirmed and mantenit his contempt of the said ordor, and at he wald never be subject tharunto, and at the sam wes nocht grundit upon the Scriptur, it wes bot 2 idolatre inventit be the braen of man; also refusand to resave ansuer, or to heir the voce of the kyrk, or to submit hym to disciplyn, being charged tharto, stubburnly departed. As also sen syn, he hes nocht feared oppynly to impugne and vilepend the ordor most godly, of examinacion and confession of fayth used and gevyn be the faythfull befoyr admission to the Lordis Tabyll, as ane thing nether godly nor necessar to be used. Yit, nochtwythstandyng all the premissis, we have labored be all meanis to have reduced 1 Omitted. - Bo in MS. ST. ANDREWS KIRK SESSION. 199 the said Johan to hear the voce of the kyrk wyth quietnes, and fyndis our travell as yit to tak non effect toward the sayd Ihon. Heirfor we requir you, in the name of the eternall God, that ye lawfully in the public essemble of the congregacion summond the said Johan Bycartoun to compeir befoyr us, in the consayll hows wythin the said kyrk, upon Wednisday the last day of Maii instant, in the hour of caus at efternuyn, to heir hym decernit to have transgressed the establesched ordor of the kyrk, and to have contempnit the same, and to heir the voce of the kyrk, and tharfor to underly disciplyn as salbe imput to hym for his contemptis and offences foyrsaidis ; wyth certificacion to the said Ihon gyf he compeir nocht, or comperand refusis dis- ciplyn, we wyll procead aganis hym wyth detfull ordor to the finall execucione of excommunicacion as to the gretest and last punischiment belongyng to the spirituall ministerie, and thar- efter invocat the assistance of the temporall autorite and civil power. The quhilk to do, we commit to yow power in the Lord be thir presentis, delivering the same be yow deuly execut and indorsat agane to the berrar : gevyn under the sayll of the said ministerie, at Sanctandrois, the xxvj daye of Maii, the year of our redempcion 1564. Followis the indorsacion : Upon Sundaye the xxviij of Maii, I, George Blak, readar in the parroche kyrk of Sanctandrois, in the public essemble of the congregacion, summond Jhon Bycartoun oppynle, efter the tenor of this summondis retro- script, to daye and place wythin wryttyn, wytnes the holl congregacion and this my subscripsion manuall — George Blak, readar, wyth my hand. The foyrsayd Jhon Bycartoun oft tymmis called, laufull tym byddyn, and he nocht comperand is noted contumaoc. The ministerie ordenis hym to be summond in maner foyrsayd, for the secund execucion and admonicione, to Wednisday nixt to cum, wyth intimacion as efferis. Die septimo mensis Junii anno Domini 1564. The quhilk daye, in the sessione of the ministerie of Sanct- androis, comperis George Blak, reader of the sayd kyrk, and produces ane summondis under sayll of the sayd ministerie, 200 REGISTER OF deuly execut and indorsat be the sayd George, readar, tharin summond to this day and session Johane Bicartoun : of the quhilk the tenor followis. [The Secund [Excepting a few slight alterations it is exactly the same as Summondis.] ^ e summons< »j;] ie reference to their deliverance from the yoke of Antichrist and the establishment of the reformed kirk is omitted ; but there is this addition to the narrative : — ' Being constranit of owr dewete, we caused hym to be oppynly summond 1 to .have comperit befoir us, in our session the last day of Maii ; wyth certificacion, gyf he comperit nocht, we wald procead aganis hym wyth detfull ordor to the finall execucion of excommunicacion ; quhai nevertheles persisting in his contempt hes contumacetly absentit hym."* Then it goes on — ' Heirfor, we requir yow, in the name of the eternall God, that ye now, as of befoyr, in this our secund admonicion, lau- fully, in the public essemble of the congregacion, summond the said Johane Bycartoun to compeir , on the 7th of June — and so on as before. 4 Gevyn under the sayll of the said ministerie, at Sanctandrois, the secund daye of Junii, the year of our redempcion 1564/] Followis the indorsacion : Upon Sunday, the ferd day of Junii instant, I, George Blak, reader in the pareis kyrk of Sanctandrois, in the public essemble of the congregacion e, summond Johane Bycartoun oppynlie, efter the tenor of this summondis retroscript, to day and place wythin wryttyn, wytnes the holl congregacione, and this my subscripsion man- uall — George Blak, readar, wyth my hand. The sayd Johan Bycartoun oft tymmis called and nocht comperand, lauful tym byddyn, he is notat contumaoc for the secund. The ministerie ordenis hym to be summond and monest this nixt Sunday in lyik maner, to Wednisday nixt to cum, for the thrid and last admonicion ; wyth intimacion that, except he humyll hymself and obey the admonicion, thai wyl procead aganis hym to execucion of excommunicacion the nixt Sun daye tharefter following. Summond sutntiiond in MS. ST. ANDREWS KIRK SESSION. 201 Die decimo quarto mensis Junii anno Domini 1564. The quhilk daye, in the sessione of the ministerie of Sanct- androis, comperis George Blak, reader of the said kyrk, and producis ane summondis under sayll of the said ministerie, deuly executed and indorsat, tharin summond and monest Ihon Bycartoun for the thrid and last monicion to compeyr to this daye and session, as at mayr lenth is contenit in the sayd summondis : of the quhilk the tenor followis. [It is almost identically the same as the second summons [The thrid sum- — the only material differences being the merely formal ones raondls 0 necessitated by this being the third summons. 1 'We have caused the said Johan to be oppynlie summond be twa syndry admonicionis to have compered befoyr us in our session twa severall dayes. 1 4 Heirfor we requir yow, in the name of the eternall God, that ye now as of befoir in this our last and thrid monicion laufully, and in the public essemble of the congrega- cion, summond and moneis the said Johane Bycartoun to compeir befoyr us,' on Wednesday the 14th of June ; with certification that if he fails, 4 wythovvtyn ony farther delay, we wyll procead to the finall execucione of excommunicacion,"' &c. Given under the seal of the said ministry on the 9th of June 1564.] Followis the tenor of indorsacion : Upon Sunday the xj day of Junii, I, George Blak, reader in the parrochie kyrk of Sanct- androis, in the public essemble of the congregacion, summond Johan Bycartoun oppynlye, efter the tenor of the summondis retroscript, to day and place wythin wryttyn, wytnes the holl congregacion and this my subscripsion manuall — George Blak, reader, with my hand. The sayd Ihone Bycartown, oft tymmis called, laufull tym byddyn, 2 and nocht comperand to obey this thrid and last admonicion, is notit contumaoc ; and be the ministerie decernit worthely to merit the sentence of excommunicacion, and 3 the sam to be execut aganis hym. 4 1 In one sentence the clerk has omitted an important 4 not.' for he has written : — ' As also sen syn he hes feared oppynly,' &c. 2 Byddy in MS. 3 And and in MS. 4 This concluding paragraph has been copied into the Register by mistake 202 REGISTER OF Die Veneris decimo sexto mensis Junii anno Domini 1564. The quhilk daye, the ministerie being convenit and essembled, to consult anent the execucione of the sentence of excom- municacion aganis Ihon Bycartoun, for his trangressionis con- tempt and inobedience, thretnet aganis hym in the thre public admonicionis, and wordely of hym merit and aganis hym decernit; 1 thai, maturly avysed, efter lang ressonyng, have con- cluded and ordenis the minister, this nixt Sundaye, the xviij of Junii instant, in his sermone, to declar the danger of excom- municacion, be oppynnyng of the Scripturis and placis tharof most apt for the purpos ; and also oppynly to grant to the said Jhon Bycartoun yit awcht dayes of mercy, wylling and desyryng the freindis of the said Johan in the myd tym to travell wyth hym for his amendiment to repentance ; and also to signifye and geve place to ony person or personis, offendit wyth thir proceadyngis, to compeir the nixt Wednisday in the olkly session of the ministerie, and geve in be wryt or word the resson and caus of thar offence to be discussed ; and gyf nane comperis that day, certyfying tham thar silence to be had for plan consent of the holl congregacione, and ordenis the sen- tence of excommunicacion to be put in wryt and dew forme, accordyng to the proces deduced aganis the sayd Ihon Bycartoun and rewyll of Sanct Paull wryttyn to the Cor- ynthianis ; and the sammyn to be denunced and publiclie 2 execut in the essemble, upon Sunday the xxv of Junii instant, except sum occasion ressonabyll of stay occur in the myd tym. Die vigesimo primo mensis Junii anno Domini 1564. The quhilk daye, the ministere being convenit in thar sessione, and knawyng the ordor prescrivit this last Frydaye to the minister to use, anent the oppynnyng of Scripturis and declaracion of the danger of excommunicacion, and delay of mercy for awcht dayes granting to Ihon Bycartoun, and desyryng of his frendis to labor wyth hym for reducyng of hym before the 'tenor of indorsacion,' but the clerk has inserted marks to indicate that the order should be changed. 1 Decrnit in MS. 2 Publie in MS. ST. ANDREWS KIRK SESSION. 203 to repentance, and requiryng and place gevyn to ony person or personis offendit wyth thir procedingis to compeir this daye and geve in be wryt or word the resson and caus of thar offences to be discussed, otherwayis thar silence to [be] 1 reput for consent of the holl congregacion : all thir premissis detfully used be the minister, accordyng to the cherge gevyn to hym, thai caused to call for ony that wald compeyr to object in word or wryyt aganis thar procedingis, and seing naine to com- peyr, thai accept the silence for consent of the hoi congregacion. And partly be occasion of farther declaracione of the mater and gravite of excommunicacion to be set furth be the minister, and partly for other causis movyng the ministerie, thai orden the execucion and denunsacion of excommunicacion to be con- tenewed, quhill returnyng of the minister fra the Generall Convencion of the Kyrk to be haldyn at Edinburgh, the xxvj of Junii instant, and to be execut wythowt delay the fyrst Sunday efter his returnyng, except repentance be fundyn in the sayd Ihon Bycartoun. Followis the forme of the sentence of excommunica- tione denunced and execut aganis Ihon Bycartoun, upone Sunday the ix daye of Julii, anno 1564, in public essemble of the congregacion of Sanctandrois. Wyth incalling of the name of Crist Jesus, Sone of the Sentenda eternall God, quho is the way the verite and the lyff, by quhois Ti^iis'contra mercye and gudnes, we, minister eldaris and diaconis of Cristis B y cart ° un - kyrk and congregacion of Sanctandrois, ar called as watchemen ower his flok, quhilk he 2 lies mercifully delivered and reduced from the bondage and yok of Antecrist to the lycht of his Ewangell, be the plenteows preching of the same, so that the face of ane perfyt reformed kyrk lies beyn seyn wythin this citie be the space of fyve yearis. [With one or two very slight variations it now runs on in the same words as the first sum- mons. In recapitulating his assisting the congregation against the enemies of the truth, the words ' be hym confessed , are interjected.] Yit, nochtwythstanding all thir premissis, we did 1 Omitted. 2 He he in MS. REGISTER OF fyrst labor be all mean is to have reduced the said Johan to heir the voce of the kyrk wyth quietnes ; and fyndyng that our travell to tak non effecct toward hym, we have uttered his caus and contemptis foyrsaidis to the holl congregacion, be thre public citacionis and admonicionis mayd thre severall Sundayis in the public essemble ; wyth certificacion to hym, gvf he per- sistit in his contempt, we wald proceaid aganis hym wyth detful ordor to the execucion of excommunicacione as to the pretest and last punischiment belongyng to the spirituall ministerie, and tharefter invocat the assistance of civill magistratis and autorite temporall. Efter quhilkis thre public admonicionis and public prayiris mayd for the said Johane, at the day appoynted for execucion of the horribyll sentence of excom- municacion agans hym, we thocht gud be oppynnyng of the Scripturis of God to have the danger of his stayt declared, to the fear and terror of the said Ihone and his adherantis quhat- soever ; and also granted awcht dayes of delay and mercy, wylling his frendis to travell wyth hym in myd tym for his amendiment ; and gevyng place also to ony person offendit wyth our proceadingis to geve in befoir us the resson and caus of thar offence to be discussed. Seing non to compeir now, becaus the said Johane Bycartoun persistis in his contempt, inobedient to the voce of the kyrk, he wordely meritis and deservis to be excommunicated, sepirated and cuttit of from the societie and folio wschip of the congregacion of Crist Jesus and all benifites of his kyrk ; and to be delivered unto Sathane for the destruccione of the flesche that the spirit ma be saved in the daye of the Lord Jesus. Heirfor, havyng God only befoir owr ees, and the testimonye of his trew and eternall Word, be this owr sentence, we declar and denunce the said Johan Bycartoun, for his transgression contempt and inobedience, excommunicat, seperated and cuttit of from the congregacion and misticall body of Crist Jesus, and all benefitis of his trew kyrk (the hearyng of Goddis Word only except) ; delivering hym oneto Sathan, for the distruccion of the flesche, that the spirit may be saved in the daye of the Lord ; and at nane of the faythfull fearyng God, fra this hour furth, accumpany wyth hym in com- monyng, talkyn, bying, selling, eating, drynkyn or other way quhatsoever, except thai be appoynted of the kyrk for his ST. ANDREWS KIRK SESSION. 205 amendment ; wyth certificacion gyf ony do in the contrar thai salbe reput favoraris and fostararis of his iniquite, called and accused tharfor, and, being convict as participant wyth hym, sail resave the lyik sentence wyth hym. In wytnes heirof the sayll of the said ministerie is heirto affixit, at Sanctandrois, upon the xxiij day of Junii, the year of owr redempcion 1564 yearis, &c. Upone the ix daye of Julii, anno 1564, 1, Cristofer Goodman, minister of Goddis word, in the public essemble of the con- gregacion of Sanctandrois, execut thir present letteres, and accord yng to the tenor tharof denunced Johan Bycartoun excommunicated, and inhibit all and syndry faythfull to accumpanv wyth hym as is abov specify id. In wytnes heirof, I have subscrivit this my indorsacion wyth my hand, Cristofer Goodman, minister, &c. Die xiiij t0 mensis Februarii anno Domini m°v c lxiiij i0 - Seing it hath pleased the gudnes of the eternall God, to p en itenciaet move the hart of Johane Bycartoun (efter lansj obduracione, s f tls f ac . C1 ^ •J v ° 3 Joa?inis Byca\ and lying under the horribill sentence of excommunicacion town. pronunced aganis hym be consent of the holl kyrk for his transgressione of godly ordor, obstinacite in the same, inobedi- ence and contempt of the kyrk) to humyll hymself, and compeir befoyr the ministerie the vij day of Februar instant ; and thar, in acknawledgyng of his offences, offer hym willing and obedient to the disciplyn of the kyrk, and to fulfyll thar ordinance in makyng of public satisfaccion to be appoyntit to hym, that he mycht be resavit to the unite of the kyrk and societie of the congregacione of Crist, to the gret rejoysing of the hartis of the said ministerie present at that tym ; quhai knawyng thar dewetie, that as the said Johane was cut of be consent of the holl kyrk, so also he awcht to be resavitt be the holl consent of the same, gyf no occasione of impediment war fund be thame toward hym. For triall quharof, his foyrsaid desyr, in the public essemble of the congregacione upon Sunday the xj day of Februar foyrsaid, be the minister was publest ; and place gevyn to ony, that wald object impediment to stop the said desyr, to compeir in the session of the ministerie, upon Wednisday this xiiij of Februar, wyth intimacione that other- 206 REGISTER OF wayis thar silence wald be had and reput for thar holl consent. And now nan comperand to object, or allege impediment or stop, the ministerie, wyth glad hartis in name of the holl kyrk, declaris the said Johan Bycartoun to be admittit to public repentance and satisfaccione. And understandyng the said Ihon to have sustenit gret dampneg and disays in guddis and body, throw his awyn wyckednes and adheryng to the consall of the ongodlye, and subject instantly to ane disays and maledy that he is nocht habyll to underly sic disciplyn as his dendrites justlye doeth deserve, the ministerie tharfor at this present dispensis wyth all rigor, and ordenis the said Jhon, this nixt Sunday, the xviij of Februar, at the end of the sermon befoir nuyn, in the public essemble of the congregacion, his offencis brevely being repetit be the minister, to acknawlege the same and promys obedience in tym cuming to the lawfull ordinance and voce of the kyrk, humyll hymself one his kneis, ask God mercye and the congregacione forgyfnes. This don, the minister sail fyrst resave hym be the hand in the pulpot quhar he standis, and syne sail appoynt hym to pas to sa money of the eldaris as salbe deput to syt together for that purpos ; quhilkis in the name of the kyrk sail resave hym and embrace hym as thar brother to the unite of the kyrk. And last of all the minister sail geve thankis to God for his conversione, and mak public prayeris for his continuance, according to the pur- pos, as the Spirit of God sail move his hart for the tym, &c. Thir premissis war deuly fulfillit in all poyntis be Ihon Bycartoun 1 the xviij of Februar. 2 1 On the 28th of April 1567 ' the maist part of the bretheren of halmermen' of St. Andrews elected ' Johnne Bicartoun saidlar ' as their deacon, until the first of the following March, because another who had been chosen, and who had been previously maltreated in that office, would not accept. Bicartoun only consented to undertake the duties on condition ' that all the haill craftes of the cite of Sanctandrois wald fortifie and defend him, and stand with him in all and syndrie actiones and causes,' concerning the welfare and liberty of the craft. Three days later the brethren again met to confirm his election. On the 23d of August he signs two entries as deacon, the first in a very free bold hand ; and in November of the same year he signs other three. His ability to spell was quite equal to his handwriting, for in the five signatures his surname appears in three different forms. Immediately under his last signature, partly written indeed through the lower loop of the 'h' in 'Jhone,' there is this short notice : ( x° die mensis Marcii anno Domini vfVlxvij obitus Jhonnis Bikarton ' (Bouk off the Statntis and Ordinansis of the Hammermen of Sanctandrous). • Jannar in MS. ST. ANDREWS KIRK SESSION. Die octavo mensis Marcii anno Domini 1563. The quhilk daye, Robert Boswall and Jonat Wemys, his Processus inter pretendit spows, being summon d be the Superintendents Wemys. letteres to compeyr and heir thamselfis decernit to adheir to other, thai comperand and be the Superintendent requirit to adheir, Jonat allegis that Robert is 1 nocht hyr husband, and gyf he be hyr husband he hes cuttit hymself of fra hyr be committing adultery, and gevyng hyis body to divers and syndrv women, as sche sail geve in this day awcht dayes ; quhilk is statut to hyr in presens of Robert herto summond. Die xv t0 Marcii anno prescripto. The quhilk daye, as in term assignit to Jonat Wemys to [Jonat Wemys produce hyr excepcion of adulterie in form aganis Robert Bos- defensis S ] her uall, to stop hyr adherance to hym, comperis Jonat and pro- ducis certan wryting ; quhilkis, red, seyn and considerit, ar fundyn informall and irrelevant ; and Janat tharfor is ordenit to reform and mak tham relevant, and deliver to Robert Bos- wall ane copy tharof in dew tym, to the effect he may ansuer tharto upon Wednisday in Pasche oik ; and ordenis hym to be summond to that effect. Die quinto Aprilis anno Domini m°v c lxiiij t0 ' The quhilk daye, as in term assignit to Robert Boswall to [Robert Bos- ansuer to the defensis proponit be Jonat Wemys to stop hyr tSdefenS!] adherance to Robert, comperis Robert and confessis hym to have resavit the copy of Jonatis defensis. And ansuerand to the fyrst part tharof, he admittis and referris hym to the decreit of his divorciment betuix hym and Cristen Awery, and to the decretis of the Lordis of Session. Ansuerand to the secund part, he allegis the contrar tharof is knawyn that he intreted hyr sufficentle. Item, to the thrid, he ansueris and allegis that albeid he had committit adulterye sen the depart- ing of Jonat fra hym (quhilk he expresle denyis), in sa far as sche departit fra hym wythowtyn ony just caus, and at he 1 His in ms. 208 REGISTER OF requirit hyr bayth in jugment and furth of jugiment to return (quhilk he offerris hym to prev), sche wes the caus tharof ; and sa sche, beand culpabill in that caus, awcht nocht to imput ony fait to hym. Item, Robert allegis that albeid Jonat wald allege and offer hyr to prev ony adulterye be hym committit in tym of Papistre and blindnes, that suld nocht fall under jugiment of this reformit kyrk. Attowr, albeid it war alleged that he had gevyn his body to ony other woman befoir the last nycht that Jonat departit fra hym, in [sa] 2 far as thai war reconciled in gevyn of hyr body to hym that last nycht, sche lies no caus to stop hyr adherance. Quhilkis premissis the said Robert desyris to be discussed befoyr ony thing be admittit to probacion of Jonat. The Superintendent, havand respect to the ignorance of the said Jonat, nocht habyll to consave nor mak ansuer to the allegit be Robert, ordenis the copy of this hayll act to be gevyn to hyr, that, be sycht tharof, sche may at hyr plesor have consall to eyk and reforme hyr defensis befoir interlocutor; and Wednisday statuit to the parteis to compeir and heir interlocutor gevyn. Die x\] Aprilis anno etc. lxiii) t0 - The quhilk daye, as in term assignit to geve interlocutor in the caws of adherance betuix Robert Boswall and Jonat Wemys, and to Jonat to eyk and reform gyf sche pleased, comperis Jonat and confessis resayt of the copy o hayll act, and refusis to eyk or reforme ony mayr, bot desyris hyr allegacionis admittit to hyr probacion. The Superintendent statutis to the parteis Wednisday nixt to cum and heir interlocutor gevyn. Die oc'ix Aprilis anno quo supra. [jonat passis The quhilk daye, as in term assignit be the Superintendent defensis^xcept to & ev interlocutor in the caus of adherance betuix Robert thatofadul- Boswall and Jonat Wemys, compiris Jonat and, befoyr inter- tery.] 1 Boswell doubtless had an eye on those words of the Reformers, in which, after urging the ' Great Counsall of Scotland ' to punish adulterers by death, they say : — 1 We meane not, that synnes committed in our formar blyndnes (whiche be almost buried in oblivioun) salbe callit agane to examinatioun and judgment ' (First Book of DiscipWie, ninth head). 2 Omitted. ST. ANDREWS KIRK SESSION. 209 locutor, passis fra all hyr excepcionis and defensis except the excepcion and defens of adultery allegit be hyr aganis Robert, and be hym committit sen hyr last departing fra his cumpany, and desvris hyr onle to be admittit to prev adultery be Robert committit sen hyr last departur fra hym, in presens of Robert ; quhai repetis his fyrst part of ansuer mayd in actis to the thrid part of defensis of Jonat, and [allegis], in respect tharof, na place suld be gevyn to Jonat to prev this sayd pretendit defence of adultery. The Superintendent statutis the twenty of April instant to gev interlocutor upon the pointis of this act : parteis summond to compeyr day foyrsayd in his chalmer and abbay of Safnctandrois]. Die xx Aprilis anno predicto. The quhilk daye, as in term assignit to gev interlocutor in [The excepcion the caws of adherance betuix Robert Boswall and Jonat Wemys, mittitTo hyr the Superintendent, avysed wyth allegacionis and desyr and P robacion l ansuer of parteis, admittis the last excepcion of adultery pro- ponit be Jonat agans Robert sen hyr last departur fra hym to hyr probacion, nochtwythstanding the allegit be Robert, pro- vydit that Jonat discend upon the moneth and year of hyr departur last fra Robert, and upon the namis of the personis he committit the adulterie wyth ; and statutis to Jonat the thrid daye of Maii nixt to cum to prev the admittit Parteis heirto sumond be actis. And Robert protestis that he may have place to propon accusacion of adultery aganis Jonat, and other laufull defensis, tym and place : quhilk protestacion is admittit. Die tertio mensis Maii anno quo supra. The quhilk day, comperis Jonat Wemys, Lady Claslogy, 2 ^°"^ ci ^ a e ™ ys summondis 1 Omitted. indorsat and 2 Presumably Carslogie, near Cupar Fife, believed to have been the .seat of execut l the Clephanes from the days of William the Lion, and in whose possession it remained until a comparatively recent period. Janet Wemys was probably a widow of one of the lairds; but I can find no trace of her in Sir William Fraser's copious and elaborate Memorials of the Family of Wemyss. Lord Campbell writes : — 1 Soon after my mother's death my father ceased to reside in Cupar, O 210 REGISTER OF quhai producis ane summondis of the Superintendents, direct to ony minister or reader wythin the bowndis of his office, to summond wytnes at the instance of the said Jonat, to prev hyr excepcion of adulterye proponit aganis Robert Boswall to stop hyr adherance to the said Robert as to hyr lawful hus- band, and to summond the said Robert to excep aganis the said wytnes as he mycht of law, as at mayr lenth is contenit in the saidis letteres, indorsat and execut be Henry Breydfut, officiar, nether minister nor reader, executor of the saidis letteres in summonding of the said Robert Boswall in his maner, as the indorsacion beris. Comperis also James Roger, servand of the said Robert Boswall, quhai presentit to the Superintendent ane wrytyng, under sail and subscripsion of Robert as the sam proportis, of the quhilk [the] 1 tenor followis : — [Tenor of the Superintendent of Fyff, and ministerie of the Cristiane con- be y Robm ent gregacion of Sanctandrois, oneto your wysdomis humile schawis Bosweii.] an( j p r0 ponis Robert Boswell, in Ryalye, thir ressonis fol- lowing, quhilkis being be your wysdomis seyn and considerit, I awcht nocht, nor may nocht, compeir befoir your wysdomis, to ansuer nor defend in the pretendit accion of adherance intentat befoir your wysdomis for the adherance betuix Jonat Wemys and me as my spows. Exhortand your wysdomis for the reward of the eternall God, quhai knawis the secreit of all hartis, to desist and ceas fra all forder proceding in the said pretendit accion, and that na proces be deduced nor usit in the sammyn, aye and quhill I may peaceable have aggres and regres for defence of the said accion, and that for the causis following. In primis, it is nocht unknawyn to your wysdomis, namle in your awyn presens in jugiment, that, upon Wednis- day the xix daye of April last was, the said Jonat and I beand befoir your wysdomis pledand in the said caus, the said Jonat, wyth hecht and presumpteous mynd, cruelly promyst to and moved to Carslogie House, about a mile and a half from the town. This dwelling was formed out of an ancient fortalice which had belonged to the Clephanes of Carslogie for twenty generations. I had a room assigned me scooped out of a wall of immense thickness, and here I took to miscellaneous reading with extreme ardour' {Life of Lord Chancellor Campbell, 1881, i. 19). 1 Omitted. ST. ANDREWS KIRK SESSION. 211 caus ding owt all my harnis quhilk your wysdomis Wyll testefye, and gayf ansuer tharto. And one the morne [she] 2 did performe the sammyn, be hyr twa sonnis and servandis wyth otheris divers, to the gret effusion of my blud ; quhilk also is notorlye knawyn to the holl Universite of Sanctandrois. And tharfor I awcht nocht nor may nocht compeir befoir your wysdomis, for feyr of my lyff, to schaw my just defensis in the said accion. Secundlye, I, the said Robert, allegis that I awcht nocht be compellet to adheir to the said Jonat be resson of the causis foyrsaidis, and als in cace we beand together in bed or other place secretlye the said Jonat, or otheris in hyr nam of hyr causing, suld cut my throt. Quhilkis beand hard, seyn and considerit be your wysdomis, thar awcht na process be deducit nor usit in the said accion ; quhilk gyf thar be [I] 2 protestis for remeid of law and to have accion aganis your wysdomis, becaus of the notorite of the premissis. And als [I] 2 awcht and suld nocht compeir, quhill I be recompansit and satisfyit of dampnege and skayth sustenit be the said Jonat and hyr sonnis, conform to law. Item, I, the said Robert Bos wall, be the tenor of thir presentis, mackis, con- stitutis, and ordenis James Roger, my servand, for me and in my name to compeir befoir your wysdomis, upon the thrid daye of May instant, in the hour of caus ; and thar, for me and in my name, to produce thir foyrsaidis ressonis in maner above wryttyn be the tenor heirof, subscrivit wyth my awyn hand, and als my sayll is affixit, at the Ryaltie, the secund day of May, the year of God m°v c thre scoyr fowr yearis, befoir thir wytnes, Thomas Dauidson, Johan Mwyr, wyth otheris divers — Robert Boswall wyth my hand, &c. The Superintendent, 3 efter sycht and consideracion of the [J t g^ u P e execucion of the summondis, fyndis Robert nocht laufully fra forder summond ; and for avoyding of nullite of proces, and also in [y s causal respect of the contentis of the foyrsaid wryting presentit to hym be the servand of Robert Boswall, and notorite of the invasion and hurt don to hym wythin this cite of Sanctandrois in the last diet of this caus, and for otheris divers causis and 1 Brains. 2 Omitted. 3 Superntendent in MS. 212 REGISTER OF consideracionis moving hym, cessis fra forder proceding in this caus, oneto forder avysiment, and oneto sic tym as suyr access and regres be provydit to the said Robert be ordor of law, and autorite of the juge competent to quhom the provision tharof appertenis. And now, at desyr of the barronis, gentyllmen and frendis of the said Jonat comperand wyth hyr, the Super- intendent hes decernit the extract of this act to be deliverit in actentik forme to the said Jonat. Die xxij mensis Marcii anno Domini m°v c lriij°- Processus inter The quhilk daye, comperis Johane Moffat and Andro Moffat, Moffat™ U bretheren german of Gelis Moffat, as narrest havand place of hyr parentis, and, to stop the proclamacion of bannis and solemnizacion of pretendit mariaige betuix Robert Thomson in Langraw and Elizabeth Orkye in Fedinche, allegis that the said Robert suld nocht be admittit to marve wyth the said Eliza- beth; becaus, befoir ony promys of maruaige mayd betuix thame, the said Robert hes tyistit the said Gelis Moffat thar sister, sche being ane virgin hes deflored hyr virginite, and tharfor haldyn of the law of God and establesched ordor of this re- formit kyrk to mare and tak to his wyf the said Gelis ; and heirfor desyris the ministerie to caus stay proclamacion of thar bannis and put inhibicion to Robert to mary quhill this im- pediment be discussit — in presens of Robert, quhai allegis that Gelis Moffat wyll nocht affirme the sayingis of hyr bretheren. The ministerie assignis Wednisday nixt to cum for forder tryall in this mater; and chargis the said Robert Thomson, [and] 1 Jhon and Andro Moffat to compeir the said day, and bryng wyth tham the said Gelis Moffat thar syster ; and the proclamacion of bannis to ceas quhill discussing of this impediment proponet. Die xxix mensis Marcii anno Dom'uii m°v c lxiiij tci - [Forder tryall anent the impediment proponit to stop mariaige betuixThomson and Orkye.] The quhilk daye, comperis Robert Thomson, Jhon Moffat, Andro Moffat, and wyth thaim Gelis Moffat thar sister, as in term assignit be the ministerie to thaim, for forder and better Omitted. ST. ANDREWS KIRK SESSION. 213 tryall to be had anent the impediment proponit to stop the proclamacion of bannis and solemnizacion of mariaige betuix Robert Thomson and Elizabeth Orkye. The athis of Robert Thomson and Gelis Moffat takyn. Gelis Moffat, be hyr ayth befoyr God, confessis that sche is deflored be Robert Thomson, and never had carnall dayll wyth ony other man nor the said Robert ; and Robert Thomson confessis hym to have had carnall dayll wyth Gelis Moffat. And the saidis Jhon and Andro Moffat, in presens of Gelis Moffat thar sister, as narrest havand place of hyr parentis, allegis and proponis aganis the said Robert Thomson that, the said Gelis Moffat thar syster beand ane virgin, the said Robert, befoir ony promys of mar- iaige mayd wyth Elizabeth Orky, deflored the virginite of the said Gelis thar sister ; and tharfor he is haldyn of the law of God and establesched ordor of this reformit kyrk to marye and tak to his wyf the said Gelis, quhilk thai ask hym to be decernit to performe. And Robert Thomson ansuerand allegis that he lies ressonabyll defensis for hym to allege quhy he suld nocht marye the said Gelis. The ministere, at his desyr, statutis to hym Wednisday nixt to cum to produce his defensis quale- fyed in wryt, quhy he suld nocht marye Gelis to his wyf. Parteis heirto sumond be actis. Die quinto mentis Aprilis anno Domini quo supra. The quhilk daye, as in term assignit to Robert Thomson to produce his ressonis qualefyed in wryt quhy he suld [nocht] 1 mare Gelis Moffat, &c, comperis Robert and producis certan ressonis in wryt, in presens of Gelis Moffat and hyr bretheren ; quhilkis beand red, Gelis ratefyis and apprevis all led and don be hyr bretheren in hyr caus of mariaige aganis Robert, and askis the sam to procead and to do hyr justice for sche never knew man carnale bot hym alan, &c. Followis certan brev and schort ressonis for the part of [Ressonis pro- Robert Thomson, in Langraw, quhilkis being, be your wysdomis, Thomson^ the minister eldaris and diaconis of this Cristian congregacion JjjygJ d G ™£ ht of Sanctandrois, seyn and rychteouslie considerit, the said Moffat.] 1 Omitted. 214 REGISTER OF Robert awcht nocht nor may na way be compellit to mary Gelis Moffat, nocht wyth standing hyr pretendit confession mayd in ane allegit act befoir your wysdomis the xxix of Marche last wes, bot he aluterly 1 absolvit fra the pretendit clam of Ihon [and] 2 Andro Moffatis mayd in the said act, as it is conceavit. In the fyrst, becaus, in the said pretendit act and contentis tharof, thar apperis na certan perseuar havand or that ony way may have accion to desyr hym to be compellit to marye the said Gelis, as may be easely seyn be inspeccion of the sammyn ; bot onlie that Ihone and Andro Moffatis, allegit bretheren to the said Gelis, desiris Robert Thomson to be compellit to mary; at quhais instance he one na way is haldyn to ansuer in this cace ; nor yit caiT thai ony way pretend accion aganis hym tharfor, nother of the law nor yit practik of this realm, seing the said Gelis lies institut na accion aganis hym. In respect quharof he suld be absolvit fra the pretendit clam as it is conceavyt. Secundly, gevand that sche had institut ane accion, quhilk apperis nocht be the said act, thar is na caus nor resson con- tenit tharin quhy the said Robert suld be compellit to marye the said Gelis ; bot onlie hyr awyn meir assercion, wythowtyn ony peticion or clam preceding, or ony allegiance referrit be the said Robert to hyr ayth ; unto the quhilk be don, he is nocht haldyn to mak forder ansuer. For hyr pretendit con- fession, as it is mayd wythowtyn ony peticion preceding as said is, can na way prejuge hym, nor he tharby be compellit of law equite nor gud conscience to mary the said Gelis, wythowt sche wald allege sum laufull promys of mariaige and preve the sam as accordis. For, suppos your wysdomis wald think it lawfull, for sup- pressing of vice, that quhensoever ane man defloris ane virgin he suld be haldyn to mary hyr wythowtyn ony promis, yit alwayis sche suld be sic ane as war knawyn to be ane virgin, wythowt spot or offence notablie knawyn to have beyn don or committit be hyr ; quhilk is nother allegit nor provyn in this cace be the sayd Gelis, namly, that sche wes ane virgin unde- florit the tym that the said Robert accumpaneit wyth hyr ; and 1 Wholly. - Omitted. ST. ANDREWS KIRK SESSION. 215 sua, befoir forder proces, he desyris ane qualefyid peticion and ane 1 competent day to ansuer tharto, utherwayis protestis for remeid of law tym and place. Thridly, under protestacion [that] 2 the premissis be fyrst discussit in thar awyn ordor, the said Gelis is haldyn and reput ane brokyn woman, quhai lies divers tymmis jonit hyr body in fornicacion and unclenes wyth syndry men, lang befoir that ever the said Robert knew hyr carnaly ; and is notable knawyn to have beyn suspect and in suspect placis wyth syndry men, specialy wyth Robert Dauidson, Thomas Anderson, Dauid Huntar, Peter Fayrfull, soliter and quiet wyth tham selfis in ane clos hows, and the dur stekyt one tham be ane lang space ; sua that it wes vehementle presumit that the saidis personis knew hyr carnaly and have committit fornicacion wyth hyr ; quhilk the said Robert belevis sche wyll nocht in hyr conscience deny, offerryng hym to preve the premissis sa far as thai ar amrmatyve ; and desyring the affirmatyve of 3 the sammyn, sa far as thai ar negatyve, to be provyn be the said Gelis, or ellis to be haldyn pro coiifesso, and desiris ane term heirto. The quhilk daye, the ministerie, avisit wyth the defencis [The fyrst and foyrsaydis, the actis of proces, and Buk of Reformacion, and ^eiiit de t ^ S1S that the saydis Ihon and Andro Moffat in thar peticion thrid admittit.] allegis tham narrest havand place of parentis of Gelis, repellis the fyrst and secund defensis ; and admittis the thrid defence, in [sa] 2 far as it is relevant, and namly the alleged fornicacion committit be Gelis, befoir Robert knew hyr, wyth the parteis specifyed and namit be Robert ; and at desyr of Robert statutis to hym Wednisday nixt to cum to preve the admittit. Parteis heirto summond be actis. Die ocij Aprilis anno prescr'ipto. The quhilk day, as in term assignit to Robert Thomson to [Cottaris pro- i- -Pin • /. • • ■ a ^ i. «» ducedbe Robert prev his excepcion or defioracion ot virgmite of Gelis Mottat, Thomson comperis Robert and desyris Thomas Crumblay, Catrin Merns, ne^suspect ? 1 Ihon Gybson, Marion Anderson, Jonat Criste, present, laufullv hysotherwytnes 1 Aie in MS. 2 Omitted. 3 Perhaps the affirmatyve of should be deleted in this obscure sentence. 216 REGISTER OF summondj to be resavit wytnes. Aganis the quhilkis personis Ihon and Andro Moffat allegis that thar cottaris to Robert, producer, haldis thar howsis and land (quharof thai have thar lyff) of the said Robert, duelland under hym in Langraw, quhai may put thaim fra the sam quhen he pleasis ; and [in] 1 respect tharof 2 ar wytnes suspect, and suld nocht be admittit bot repellit fra wytnes bearyng in his caus and defens. Quhilk excepcion fundyn relevant of the law, the saidis cottaris con- fessand the sam, it is admittit and thai repellit. And Robert Thomson producis Robert Brydy in Prior-lethem, Eleyn Stewart in Wester Balry month, Gressell Peblis thar, Alexander Sym- son, Alexander Castaris, citneris, Margret Greg, quhilkis ar sworne resavit and to examinacion admittit, in presens of Gelis Moffat and hyr bretheren. And Barnard Husband and Wyliam Brown summond to this daye and nocht comperand, the minis- tere statutis to Robert Wednisday nixt to cum, to do diligence for tham and to summond sa mony may wytnes as he wyl use in this caus. Parteis heirto summond 3 per acta. Die xix Aprilis anno Domini etc. lxiiij t0 [Robert Thom- The quhilk daye, as in term assignit to Robert Thomson to thre may wytnes do deligence for Barnard Husband and Wyliam Brown wytnes, resavit^ and to an ^ to warn hi s wytnes that he wyll use in this caus, comperis d t°h di th GnCe cht ■^°^ >er ^ anc ^ P r °ducis Barnard Husband, Wyliam Brown, James comperand.] Hagy, quhilkis ar resavit sworn and to examinacion admittit, in presens of Gelis Moffat and hyr bretheren. And Dauid Hun Lai, Wyliam Fayrfull, and Dauid Mows, provyn laufully warnit, callit and nocht comperand, the ministerie statutis to Robert the thrid of Maii nixt to cum to do diligence for the saidis wytnes. Partibus apud acta citatis. [Dauid Huntar produced and resavit ; and Robert Thom- son to do dilgence for Wm. Fayrfull and Dauid Mows. 1 Die tercio mensis Maii anno Domini quo supra. The quhilk daye, as in term assignit to Robert Thomson to do dilegence for Dauid Huntar, Wyliam Fayrfull and Dauid Mows, comperis Robert and producis Dauid Huntar, quhai 1 Omitted. 2 Tharo in MS. :i Summod in MS. ST. ANDREWS KIRK SESSION. 217 is resavit sworn and admittit, in presens of Gelis and hyr bretheren. And Wiliam Fayrfull [and] 1 Dauid Mows provyn summond and nocht comperand, the ministere statutis to Robert Wednisday nixt to cum, to do diligence for the saydis Wiliam and Dauid. Parteis heirto summond be actis. Die x mensis Mail anno quo supra. The quhilk daye, as in term assignit to Robert Thomson to [The perseuaris i tt n ,ir.,. -n i* -i-i i Ti • • i nr i circumducis the do diligence for Wiliam Fayrfull and Dauid Mows wytnes : na term.] diligence be hym don, the parteis perseuaris circumducis the term. The ministere statutis literatorie to pronunce. Followis the deposicionis of wytnes producit in the caus. [Deposicionis 1 Robert Brydy, cottar in Priorlethem, wytnes, sworn and ° wytnes,J examinat upon excepcion of fornicacion 2 proponit be Robert Thomson to stop his mariage wyth Gelis Moffat, deponis that he kennis na thing concernyng the nam and fam of Gelis Moffat. Item, he deponis that upon ane tym he com to the bern in Langraw, fand the dur standand oppyn and past in tharat, saw Thomas Anderson lyand in the bern and Gelis Moffat also lyand in the bern, upon ane Sunday efternuyn abowt four houris, at the Lammes tyd in the lxij year. The deponar can nocht tell quhidder thai lay ner together or syndry ; he bald God speid and past his way furth agan, and left tham lyand. The deponar suspect thaim nocht to do ony evyll or have carnall dayll. 2 Eleyn Steward, spows of Robert Caluart in Balrymonth, wytnes, sworn and examinat, &c, deponis that Gelis Moffat dwelt ane half year wyth the deponar. Sche never hard nor saw ony thing to be suspect of hyr womanheid, nor saw na thing as is allegit aganis hyr, bot sum voce of nychtboris. Quhidder thai sayd suth or les 3 sche knawis nocht. 3 Gressell Peblis, spows of James Hagy in Balrymonth, wytnes, deponis that Gelis Moffat was servand to hyr ane half year, saw nor kend na thing to be suspect toward hyr womanhead, nor saw na thing allegit aganis hyr be Robert Thomson. 1 Omitted. 2 Adultery in MS. 3 Truth or lies. 218 REGISTER OF 4 Alexander Castaris, inhabitant in Sanctandrois, sworn and examinat, kennis na thing of this mater. 5 Margret Greg, servand familiar to Ihon Wylson in Fedinche, wytnes, sworne and examinat upon the defence of Robert Thomson, deponis that, abowt thre quarteris [of ane] 1 year syn, the deponar and Gelis Moffat war in thar beddis, into ane symmer mornyng, into ane owtschot of Robert Thomsonis hows in Langraw, upon fayr daylycht ; and Thomas Anderson 2 com in and all his clathis upon hym and put his hand in the bed, and the deponar rays and past furth of the bed into the hall, left the said Thomas Anderson in the chalmer lyand upon the bed-stok, his hand in the bed quhar Gelis and ane las of ten year aid or tharby war lyand ; and at nan of the thre personis com furth of the chalmer or owtschot, quhill the deponar had laset hyr clathis and byggit one the fyir, quhilk tym sche estemed to ane half hour ; and kennis na mayr in the mater. 6 Alexander Symson, talyour, citiner in Sanctandrois, sworn and examinat upon the defens of Robert, knawis nathing in that mater. 7 James Hagy, in Wester Balrymonth, wytnes, sworn and examinat upon the defence of Robert Thomson, be his ayth deponis that he never saw suspicione betuix Gelis Moffat and ony person namit be Robert Thomson nor ony other person. Item, he deponis that Gelis gat ane evyll nam and wes brutit ; he 3 can nocht tell nor discend in speciall of ony person sche wes brutit wyth. Item, as concerning the brut betuix Gelis Moffat and Peter Fayrfull, James in his ayth and conscience deponis he never saw tham in naked bed together. Item, he confessis and deponis that he saw Gelis Moffat, wyth hyr clathis upon hyr, makand ane bed to Peter Fayrfull, brother to the deponar, in his awyn bern at his command, sche being his ser- vand ; and quhen the deponar com furth to the bern, he saw Gelis cum furth rynnand fra Peter, he being nakit in the bern, and otheris his servandis lyand in the sam bern in otheris beddis ; and kennis na mayr in this mater. 8 Dauid Huntar, couper, citiner, wytnes, sworn and examinat upon the defence, deponis that he kennis na thing tharof. 1 Omitted. 2 Amier in MS. 3 Be in MS. ST. ANDREWS KIRK SESSION. 219 9 Wylzam Brown, servand to Robert Caluart in Balry month, wytnes, sworn and examinat upon the defence of Robert Thom- son aganis Gelis Moffat and hyr bretheren, be his ayth deponis that he knawis na thing to Gelis Moffat, bot ane gud woman of hyr person and womanhead, except hyr fait mayd wyth Robert Thomson. Item, examinat upon the alleged being in naked bed with Peter Fayrfull, he ansueris that the sayd Gelis beand in hyr naked bed and ane las wyth hyr, the deponar and other twa yong men, accumpaneid wyth Peter Fayrfull, war playing tham upon New-zear-ewyn, and com altogether quhar Gelis laye in hyr bed ; and Peter in his wan tones fell down in the bed abov the clathis, quharof Gelis was rycht dis- content. The deponer never saw ony suspicion of hurdom betuix tham than, nor ony other tym, nor kennis na mayr in this mater. 10 Barnard Hwsband, servand to James Hagy in Balrymonth, wytnes, examinat, sworn upon the sayd defence, be his ayth deponis that he never saw ony thing to Gelis Moffat that was suspect concernyng hyr womanhead other nor wyth Rob Thomson, nor kennis na evyll committit be hyr wyth ony personis namit in defens nor yit wyth ony other. The deponar duelt in Robert Caluartis hows wyth Gelis ane hal year, and never hard nor sawe ony suspicion of hyr body. Die tercio Januarii anno Domini etc. Ixi'rij} The quhilk daye, comperis Andro Moffat, Ihon and Gelis [Andro, ihon Moffat, efter certain delay and avysiment, grantit to tham to f"t still desyris avyis wyth and to schaw thar determinat mynd, quhidder thai ^fobe* 10 ™" wyll abyd at the desyr of mariaige asked and persewed of decernit to tak Robert Thomson, in favoris of the said Gelis for defloracion of wyf the said hyr virginite. The said personis, wyth ane consent and assent, Gehs l desyris and requiris of the ministerie to decern Robert Thomson to tak to his laufull wyf the said Gelis Moffat and solemnizat mariaig wyth hyr, according to thar fyrst asking and law of God. Quhilk request being hard and admittit, the ministere 1 Lxiij'm MS., which is certainly a mistake. 220 REGISTER OF ordenis the partes to be lawfully warnit to Widnisday nixt to cum, 1 to heir pronuncit in the said caus. Followis the decreit. [The Decieit.] Wyth 2 incalling of the nam of Crist Jesus, Son of the eternall and everlevyng God, quho is the way the verite and the lyff', we, minister eldaris and diaconis of Cristis kyrk and congrega- cion of the cite and parroche of Sanctandrois, jugis in the caus of impediment opponit, in nam of Gelis Moff[at], 3 to the proclamacion of bannis of pretendit mariaig and promys betuix Robert Thomson in Langraw and Elizabeth Orky in Fedinche, membris of the foyrsaid congregacion ; and mariaig acclamed be Ihon and Andro Moffatis, bretheren german and narrest frendis on lyve to the said Gelis, in hyr nam and [in] 4 presens of the said Robert Thomson, for offence done be the said Robert in defloryng of virginite of the said Gelis Moffat ; as in the peticion wryttyn in our act bukis, the xxij day of Marcii, the year of God 1563 yearis, and desyr of the said caus set llteratorie to pronunce ; the parteis being heyrto laufully warnit, we — being ryplie avysid wyth the said peticion, ansueris, defencis, rychtis, ressonis, allegacionis of parteis, probacionis and deposicionis of wytnes, and all otheris produced and deduced in the said caus ; together wyth the provision and ordinance mayd be consent of the Generall Reformit Kyrk of Scotland, fundit and grundit upon the law of God anent the defloryng of virginis, contenit and wryttyn in the Buk of Reformacion, 5 and be us resavit observit and put in practik be divers decretis of befoir obtemperat be parteis havand interes 1 If the decreet is correctly dated — the 13th of June 1565 — the sentence must have been delayed for five months instead of a week. 2 Wyht in MS. 3 Noff[at\ in ms. Much of this part of the Register is written in a careless, hurried hand ; many of the letters are not half formed. 4 Omitted. 5 ' The father, or neyrest freind, whose dowghter being a virgine is defiored, hath power by the law of God to compell the man that did that injurie to marie his dowghtter ; or yf the father will not accept him be reassone of his offense, then may he requyre the dote of his dowghter ; whiche yf the offendar be nott able to pay, then aught the civile magistrat to punishe his body by some other punishement' {First Book of Discipline, ninth head). ST. ANDREWS KIRK SESSION. 221 tharintill ; and now havyng God only befoir our ees, and the testimony of his trew and eternall Word — pronuncis decernis and declaris the said Robert, for his transgression of the law of God and offence don in defloryng of the virginite of the said Gelis Moffat, to marye and tak to his lawfull wyf the said Gelis Moffat, and solemnizat the band of matrimonye wyth hyr, according to the ordor of the kyrk, wythin xl dayes 1 nixt heirefter ; nochtwythstanding the excepcion of fornicacion and unclennes proponit in defence be the said Robert aganis Gelis. admittit to his probacion and nocht provyn. Pronuncit in the consall hows of the sayd parroche kyrk, in presens of the sayd Robert and Andro Moffat, &c, upon the xiij daye of Junii, the year of God m° v c lxv yearis, being present in the essemble Cristofer Gudman, minister, Masteris Ihon Douglas, James Wylke, Alan Lawmonth, Ihon Moffat, Thomas Wolwod, James Robertson, Ihon Motto, Stephyn Philp, Thomas Dalgles, Andro Motto, George Blak, &c. Die xjciiij £a Julli, anno Domini etc., lxiiij t0 - The quhilk daye, the Superintendent, wyth avyis of his Da return inter consall, efter tryall takyn anent the public talkyn and evyll ^ZTet'cot sayingis betuix Jhon Symson, minister of Kennoquhy, and b,trn de Traton. Andro Cokburn, of Traton, fyndis that the said Jhon Symson minister said to the said Andro thir wordis in effect : — It apperis ye have nocht the fear of God in your hart ! And also that the said Andro, ansuering to the said Ihon, said thir wordis in effect : — I have the fear of God in my hart better nor ye or ony flatterar as ye ar ! Thir 2 premissis provyn be Wyliam Zowll, Thomas Nylson, citineris, and Thomas Layng, heirupon examinat ; and heirfor the Superintendent ordenis the said Ihon Symson minister, this nixt Sunday following, in the public essemble of Kennoquhy, in the pulpot, to acknaw- lege hymself to have falyeit aganis the said Andro in speakyng of the foyrsaidis wordis to hym, and his occasion of offence and sclander tharby gevyn to the congregacion ; and tharfor ask the said Andro (gyf he be present) and also the congregacion Daye in MS. 2 This in Ml 222 REGISTER OF forgyfnes, offer hym redy to baptyis the child of the said Andro, gyf Andro please present his child, according to the ordor of the kyrk : and also desyris the said Andro to present his barne to baptisme, and to acknawlege hymself to have ansuerit raschely in sic wordis spekyn to the minister. Die secundo Aagusti anno Domini etc. lxii'ij t0 - Concordia inter The quhilk daye, Robert Nycholson and Jonat Efflek his Efflek. spows summond be the Superintendentis letteres and comperand, thai ar chergit to adhear as man and wyf, or ellis to allege ressonabill caws quhy thai suld nocht sa do. Robert allegis he suld nocht adhear to Jonat, becaus the said Jonat Efflek as he allegis hes gevyn hyr body to Wiliam Donaldson, mareit man, duelland in Streweling, at the Rud-daye, beand at the fayr in Kylconquhar. The said Robert beand demandit gyf he wald prev his allegacion, and 1 he suld be admittit to prev the sam befoyr the justice, quhar the said Jonat wald thoyll deid for hyr offence according to the law, the said Robert — hearand of the danger, movit of pite toward his wyf, of his awyn fre motyve wyll — remitted hyr upon this condicion, that sche sail becum 2 actitat to be ane trew party and servand to Robert in tym cuming ; and gyf at ony tym heirefter sche be fundyn gilte in gevyng hyr body to ony person by hyr husband, and knawyn in suspect cumpany and tharof beis conviyct, Robert to hare ObUgacio the sam previlege as this fait war nocht remittit : to the quhilk Efflek. Jonat consentis, and oblesis hyr be this act tharto, and con- fessit the allegit be Robert aganis hyr ; and one hyr kneis askit hym forgyfnes, oblesand hyr to be ane trew servand to hym and never to falye, and consentis to thoyll the deid gyf sche failyeis to hym in ony tym to cum. And now the Superintendent committis the woman be supplicacion to the magistratis of Dysart, quhar sche is resident, to be punist civile, according to the ordour of that burgh. Die xxv Julii anno etc. lxiiij t0 - The quhilk daye, Ihon Lyp and Elizabeth Scot confessis 2 Becam in MS. ST. ANDREWS KIRK SESSION. 223 mutuall promys of mariage betuix tham mayd, and, beand commandit to procead to solemnizacion, Johan allegis that Elizabeth lies brokyn promys, in that sche lies treated James [Hay?- — deleted] Thrislay, ressetting hym in hyr hows divers nychtis, sche and he allan and the dur steakit upon tham : sa seyn and kend be neyghboris, quharby it is to be understand and sufficiently supponit that the said Elizabeth hes gevyn hyr body to the said James sen thar promys mackyn. Quhilk beand denyed be Elizabeth, the ministerie statutis to Ihon Wednisday nixt to cum, to prev his allegiance. Partibus apud acta cUatis. Die secundo Aagusti anno quo supra. The quhilk daye, as in term statut to Ihon Lyp to prev his [Lyp, Scot.] allegacion mayd to stop his maruaige wyth Elizabeth Scot, comperis Ihon and producis James Smyth, quhai is sworn admittit and examinat, and in his deposicion previs na thing. And Michell Smyth, Eleyn Buge, Ihon Smyth [and] 1 Bege Donaldson atteched and nocht comperand, Elizabeth Scot con- sentis thai be had for resavit and admittit. 2 Die secundo Augusti anno quo supra. The quhilk daye, Wyliam Walcar and Jonat Kyninmonth, wakar, dilatit for fornicacion committit betuix tham, called and com- Kyninmonth. perand thai confes the sam ; and for that fait ar monist [to] 1 desist tharfra in tym cuming ; and for thar occasion of sclander gevyn ar ordenit, this nixt Sunday, in the public essemble of the kyrk befoyr nuyn, duryng the tym of the sermon, to syt upon the penitent stull, and at the end tharof, on thar kneis, acknawlege thar offences, ask God mercy and the congregacion forgyfnes. And besyd this the woman to be committed to the magistratis be supplicacion, to be punist civile as ane com- mon bard, flytar, banner, suerar and fylthy person. 1 Omitted. 2 This entry is followed by a blank, reserved, apparently, for the conclusion of the case, which has never been filled in. 224 REGISTER OF [Walcar, Kyninmonth. Die ccviij Aprilis anno Domini etc. lvv t0 - The quhilk daye, Jonat Kyninmonth of new delatit as suspect wyth Wyliam Walcar, be banting and frequenting cumpany together, in drynkyn, and wesching his clathis, and tharof accusit, the woman confessis the frequenting of cumpany and drynkyn and wescbing of his clathis, purgis hyr of carnall day 11. Thai ar monist, for the secund monicion, that thai be nocht seyn nor knawyn to frequent otberis cumpany ony way in tym cuming. Die xixmj* 0 Augusti anno etc. Lriiij t0 - Peblis, The quhilk day, Wyliam Peblis, son of Dauid Peblis in Kymnmonth. Lammelethem, called and acused for defloracion of virginite of Besse Kyninmonth, dochter of Wyliam Kyninmonth in Kynglasse, in presens of the said Wiliam confessis the sam. And Wiliam refusis simjrficiter to geve his dochter in mariaige to Wyliam Peblis, and becaus he hes nocht in geyr to paye hyr towcher, it is finale aggret betuix partes that Wiliam Peblis sail resave the barn begottyn betuix hym and Besse Kynin- month, accept upon hym the burding and charge of upbryingyn of the sam, and relev the sayd Besse and Wiliam hyr father of all coistus and cherge tharof. And Dauid Peblis, fader of the said Wyliam, hes acceppit upon hym the burding and cherge of the sayd barne. The ministerie ordenis the saydis Wyliam Peblis and Besse Kyninmonth to mak public satisfaccion in the essemble of the kyrk, this nixt Sundaye befoir nuyn, according to the ordor of the kyrk, and to absteyn fra all fylthines in tym cuming under pan of disciplyn in saier maner. Satisfaccion of Edmond Cyllok and Gressell Guthre. Die penultimo Augiisti anno pre script o. The quhilk daye, it being understand to the ministerie that the parentis of Edmond Haye and Gressell Guthre, now efter divers consultacionis had anent the promys of mariag betuix the said Edmond and Gressell, had gevyn thar consentis to the accompleschment of thar mariage, and at it is desyrit thar bannis to be proclamt ; nocht the les, in respect of the carniall copula- ST. ANDREWS KIRK SESSION. 225 cion had betuix tham efter promys and befoir solemnizacion of thar mariaige, ordenis tham this nixt Sundaye to compeir in the essemble of the kyrk befoir nuyin, and thar, duryng the tym of the sermon, syt upon the penitent stull ; and efter sermon, as Facta. thai salbe requirit be the minister, acknawlege thar offencis, humyll tham selfis one thar kneis, ask God mercy and the con- gregacion forgyfnes ; and absteyn fra all carnall copulacion and suspicion tharof quhill thar mariaige be soliemnizat. Die xivj Septembris anno Domini etc. lxiiij to - The quhilk daye, Johan Wyliamson and Cristen Dyk dilated Satisfaction of called and accused for fornicacion committit betuix tham, befoyr son and Cristen ony laufull promys of mariaige mayd betuix tham knawyn to Dyk * thar parentis, as is confessed be Robert Dyk, father to the sayd Cristein. Thai ar ordened this nixt Sunday, in the public essemble of the kyrk, befoir nuyn, duryng the tym of the ser- mon, to syt upon the penitent stull, and efter sermone acknaw- Facta. lege thar offences, humill tham selh's on thar knes, ask God mercy and the congregacion forgyfnes. And the proclama- cion of thar bannes and mariaig to ceas, quhill this be performit deuly. Die quarto Octobris anno quo supra. The quhilk day, Bege Gwynd, spows of Alan Steynson baxtar, Monicio Gwnd. delated callit accusit and convict of mys-saying and bannyn of the said Alan hyr husband, and otherwayis mysbehavying hyr towardis hym. Sche is monist to forbear in tym cuming, under payn of public satisfaccion mackyn tharfor in the essemble of the kyrk. Die ococv Octobris anno quo supra. The quhilk daye, Jonat Smyth askis Jhon Gardinar, servand Satisfaction, to the Lard Carnbe, to be decernit to present ane madyn barn a^i£^on£ gottyn betuix tham to baptisme, and to concur wyth hyr anent catoris - the educacion and upbryngyn of the said barn. Ihon, dowtyng the barn nocht to be gottyn be hym as he allegit, desyrit the ayth of Jonat tharupon. Sche, sworn, and in his presens r 226 REGISTER OF Satisfaccion of Jhon Symsone merchand and Besse Frostrar. Schyr Patryk Fergy contu- Schyr Ihon Mores is revoi- tit and to be excommunicat. examinat deligentlie, deponis that he is father of the said barn ; and that sche never had carnall dayll wyth ony other man nor the sayd Ihon. In respect of the quhilkis, the ministerie ordenis the saidis Ihon and Jonat this nixt Sunday to mak public satisfaccion in the essemble of the kyrk, be syttyng on the penitent stull and askyng forgyfnes, &c, and efter nuyn, Ihon to present thar barn to baptisme. And bayth ar ordenit to mak public satisfaccion in ony other kyrk quhair thai have gevyn occasion of sclander, ather be committing of thar fornica- cion, or quhair thar barn wes born. And Ihon Sibbald is causion for Jonat, and Ihon for hymself. The quhilk daye, Johan Symson marchand and Besse Frostar, dilated and convict of transgression of the ordor of the kyrk, in that thai have knawyn other carnaly efter promys and befoir solemn izacion of thar mariaige, ar ordened to mak public satisfaccion befoir solemnizacion of thar mariaige, accord- ing to the ordor resavit and observit. The quhilk daye, Schyr Patrik Fergy, delated and summond to this day and session be the Superintendentis letteres to underly disciplyn for takyng upon hand to prech and minister the sacramentis wythowtyn lawfull admission, and for drawyng of the pepill to the chapell of Tulebarne 1 fra thar parroche kyrk, oft tymmis called and nocht comperand, he is notit contumax, and ordenit to be summond for the secund monicion literatorie. The quhilk day, Schyr Johane Moreson, efter his recantacion admittit reader in Mithyll, 2 delated, and summond be the Superintendentis letteres to underly disciplyn, for ministracion of baptisme and mariaige efter the Papisticall fasson and that indifferently to all personis. And also for prohanacion of the sacrament of the Lordis Supper, abusyng the sam in privat howsis, as also in the kyrk yard, about the kyrkyard dykis, and resavyng fra ilk person that communicat ane penne ; 3 and in 1 Tullibardine. 2 Probably Muthil in Perthshire. 3 Though the charge was illegal it was certainly modest, and Sir John has had at least one successor in the present century. Lachlan M'Intosh, the priest of Gairnside, who died in 1846 at the patriarchal age of ninety-three, was in the habit of charging a penny from each communicant. The light in which some of his flock regarded the exaction may be inferred from the answer of a young ST. ANDREWS KIRK SESSION. 227 speciall upon Pasche day last was, in the hows of Ihon Graham in Pannalis, he ministrat to ane hundreth personis. He, oft tymmis called, nocht comperand, and beand of befoir divers tymmis monest to desist tharfra under panis of excommunica- cion, now wordely meritis the sam to be execut aganis hym ; and sa decretit to be used. The quhilk day, Schyr Ihon Stephyn delated, and summon d Schyr ihon be the Superintendentis 1 letteres to this day and session to phanar of underly disciplyn, for dayly ministracion of the sacramentis ^J™^. tls and solemnizacion of mariageis on the Papisticall fasson in the chapell of Sanct Gormoo, ane prophane hous suspendit ; and als for mantenyng of ane huyr in his eumpanye, quhai lies born to hym twa barnis, as yit unbaptisit except it be by hymself or sum other Papist prest. He, oft tymmis callit, nocht com- perand, is notit contiimax, and to be summond agane for the secund monicione. Die primo Novembris anno Domini etc. lxiiij to - The quhilk daye, Thomas Kenzoquhy and Jonat Rynd Kenzoquhyand summond be the Superintendentis letteres to this day and flstontumaces. session, to underly disciplyn for adultery committit betuix tham — the wyf of the said Thomas beand one lyve, the said Jonat nevertheles wes fostered in his hows and wyth barn to hym. Thai called and nocht comperand ar notit contumaces. The quhilk daye, Jhon Tod and Jonat Rynd delated, and ™{ C ^J summond to underly disciplyn, for fornicacion and hurdum wyth contenuance committit be thaim, and kepyn hows to- gether unmaryed. Comperis Ihon Tod and confessis that thar wes mutuall promys of mariaige mayd betuix hym and Jonat Rynd, at Cayr Sunday 2 last wes, he, believyng [hyr] 3 at thar contract to have beyn ane fre woman undefamit, tuk hyr haym to his awyn hows ; and now is cum to his knawlege sche was consavit wyth child to ane other man befoyr thar contract and woman, to whom, when catechising in a barn, he put the question : 'Do you pay anything to the priest for pardoning your sins ? ' Her ready response was : 1 Ou aye, sir, a penny ! ' 1 Superindentis in MS. 2 The Sunday preceding Palm-Sunday. See Brand's Popular Antiquities, 1810, pp. 361-367. 3 Omitted. 228 REGISTER OF he dissavit ; quharfor he hes repudiat hyr fra his hows and cumpany wyth hyr barne ; and Thomas Kenzoquhy, acknaw- ledgyng the barn to be his, hes caused the sam to be baptised in his nam be [blank] Lawson, minister of 1 Mockartse, 2 na satisfaccion mayd be ony of the saidis parteis. The Superin- tendent assignis to Ihon Tod to prev his allegacionis this day xv dayes ; and ordenis the sayd Thomas Kenzow, 3 Jonat Rynd, and Lauson, minister, to be summond to se probacion producit, and tham to be punist tharfor. Die ocxi) Novembris anno Domini etc. lxiiij t0 - Mont and Scot. The quhilk day, anent the desyr proponit be Jonat Mont of mariaige betuix hyr and Jhone Scot, to quhom sche confessis sche hes gevyn hyr body and consavit barne, efter promys of mariaige mayd betuix tham privatle as sche allegis ; the ministere, understandi lg thir personis to be sister and brether barnis and that the man is absent, chargis Jonat to be present this nixt Wednisday and the man wyth hyr, for tryall to be had toward his part in this mater. Die penultimo Novembris anno Domini etc. lociiij to - Satisfaccion The quhilk daye, Johan Scot and Jonat Mont, fornicators of Sco^and' 011 an( ^ s i s ^ er ^ s barns, ar ordened this nixt Sunday for disciplyn to Mont. mak public satisfaccion in the essemble of the kyrk, and fra this furth to seperat tham fra mutuall cohabitacion and societe, oneto sic tym as thar caus and desyr of maruaige be oppynnit and discussed in the Generall Essemble of the Kyrk, in Decem- ber nixt to cum. 4 1 Of of 'in ms. 2 The first minister of Muckersey given by Scott is John Row in 1574; the parish has long been annexed to Forteviot [Fasti, ii. 642). 3 Sic. 4 No reference to this case is preserved among the records of the General Assembly which met on the 25th of December 1564 ; but in the Assembly which met in the following June a very similar case is thus mentioned : ' Whither if a man abuseing his cousignes, his fathers brothers daughter, sevin yeirs, and begottin children, and presentlie wald marie her, and underly correctioun, may marie or not. The degries are second of consanguinitie. Thogh this be not found contrair to the Word of God, yet because it hes bein publicklie reveilit in this realme, and that diverse inconvenients are perceivit to enseu of this liberty ; thinks it good, that it be offerred to the civill magistrate, or els to ane parliament, ST. ANDREWS KIRK SESSION. 229 Die sexto Decembris anno quo supra. The quhilk daye, anent the desyr proponit be Ihon Rychard- Satisfaction of son in Bonetoun of the admission of his child to baptisme, e fter excom- the Superintendent and ministerie beand certified be Master munlcaclon - Wyliam Scot, minister of Carnbe, 1 and exhibicion of sentence of excommunicacion execut aganis the said Ihon Rychardson, be ordinance of the ministerie of Carnbe, for his contempt and inobedience of the said ministere of Carnbe, in the moneth of December in the lxij year, the said Ihon for that tym beand parrochinar in Carnbe ; and now understanding be purgacion mayd be the sayd Ihon that the execucion of the said sentence com never to his knawlege, and seing signis of repentance in the said Ihon, the Superintendent, wyth avyis and consent of the ministere and Mr. Wyliam Scot minister foyrsayd, ordenis the said Ihon Rychardson to compeir this nixt Sunday at the kyrk of Carnbe 2 ane hour befoyr the prechyn, and thai* at the kyrk dur space foyrsayd stand in the jogis, wyth ane papar abowt his head, contenyng wryttyn tharupon, Behald the con- tempnar. And siclyik to stand in sum public place of the kyrk of Carnbe, wyth the said paper abowt his head duryng the tym of the prechyng, and at the end tharof confes his offence, humyll hymself on his kneis, ask God mercy and the congregacion forgyfnes. And he to be resavit in the bosum of the kyrk, be the minister and eldaris present in nam of the holl kyrk; and heirupon procur testimoniall to be presentit to this ministere of Sanctandrois, and efter sycht tharof his barne to be admittit and resavit to baptisme. Die tercio Januarn anno quo supra. The quhilk day, the clam of mariaige, be verteu of promys Peticio Brown, mariage of Fowlis. for ordour to be taken therein ; in the mean time, that men take not libertie to themselves according to there fleschly filthie affectiovms ; notheles that the per- sones, in whose name this question was proponit, be joynit in marriage after there public repentance for the offences bygane, without any hope that uthers have the like licence, whill farther ordour be tane be the civil magistral, as said is ' (Booke of the Universall Kirk, Ban. Club, i. 62). 1 Hew Scott gives no minister of Carnbee before David Spens in 1567 {Fasti, ii. 411). 2 Canbe in MS. 230 REGISTER OF allegit mayd befoyr wytnes, persewit be Mirabell Brown of Ihon Fowlis, beand denyit be the said Jhon, the Superintendent and ministere statutis to Mirabell Wednisday nixt to cum to prev the promys. Parteis heyrto summond apud acta. Decret of mariaig betuix Ihon Fowlis and Mirabell Brown. Satisfaccio 1 Fowlis. Die x mensis Januarii anno quo supra. The quhilk daye, as in term assignit to Mirabell Brown to prev lawfull promys of mariaige betuix hyr and Ihon Fowlis, comperis Mirabell and producis James Gowrlay, Margret Kyn- lowch his spows, and Jonat Kay ; quhilkis ar sworn, resavit, admittit, in presens of Ihon Fowlis, and instantle examinat ; in thar deposicionis, deponis and previs that upon Sunday nixt preceding Michaelmes, in the lxiij year, befoir nuyn, in the hows of James Gourlay in Lucris, efter that Ihon Fowlis and the mother of Mirabell war aggreit upon ten marcas of towcher gude, the said Jhon, be laying his hand in the hand of Mirabell, promyst to marie hyr, and sche promyst to be gud servand to hym. In respect of the quhilk, the ministerie ordenis and decernis the said Jhon Fowlis to solemnizat mariaig wyth the sayd Mirabell Brown wythin xl dayes, under pane of excom- municacion ; and Ihon to mak public satisfaccion in the kyrk this nixt Sunday, for other promys mackeyn wyth Eleyn Watson quhilk in the self is null. Die decimo Januarii anno Domini 1564. Anent the mari- The quhilk daye, anent the stop of mariaige betuix Thomas Moncur and^ -Concur an< ^ Eleyn Steward, Lady Lindesaye, 2 mayd be twa Lady Lindesay. 1 Satisfacco in MS. 2 Helen Stewart, second daughter of John, second Earl of Atholl, who was killed at Flodden, and grand- daughter of Archibald, second Earl of Argyll, was married to John, fifth Lord Lindsay of Byres (see p. 95, n. 2), to whom she had three sons and six daughters (Wood's Douglas's Peerage, 1813, i. 141, 385). Squire Meldrum pathetically exclaims in his Testament : — ' My Lord Lindesay, adew abone all uther ; I pray to God, and to the Virgine Marie, With your lady to leif lang in the Struther.' When Lord Lindsay died in 1563, his widow must have been well advanced in life, although she so speedily wished to re-enter the married state. ST. ANDREWS KIRK SESSION. 231 myssyvis of Patrik, Lord Lindesay, 1 hyr sone, send to the ministeris of Largo and Cowpar, contenyng in generall assercion that the sayd Lord Patrik is habyll to prev that the said Thomas is nocht habyll to resave sic benefitis of the kyrk, nocht discendand in speciall of ony caus, as ane of the said myssyves presentit befoir the Superintendent beris. The Superintendent, wyth his consall beand heirwyth avysed, ordenis the ministeris of Largo and Cowpar this nixt Sunday, the xiiij 2 of Januar instant, in the public essembles of thar congregacionis, to mak publicacione : That forsamekyll as Patrik Lord Lindesaye be his myssyve signefyed to the saidis kyrkis that his Lordschip had impediment to oppon aganis the mariaige betuix the saidis parteis, withoutyn ony speciall mencion of the caus and im- pediment, desyring the said Lord, or ony otheris pretending to allege ony impediment to stop the said mariaig, to compeir in the essemble of [Largo — deleted] the ministerie of Largo, upon Sunday the xxj of Januar instant, and thar in speciall geve in the impediment in wryt, quliilk thai intend to allege ; and the sammyn being fundyn relevant, the proponar to fynd caucion for dampnege and expens of parte in cace he falye in probacion. This being don, term to be assignit to the proponar to prev the sam, Widnisday the xxiiij of Januar instant, in the essemble of the Superintendent of Fyff in the parroche kyrk of Sanct- androis, makand intimacion to the saidis Thomas and Eleyn to compeir and heir and se the sammyn provyn, and deliver to tham the copye of impediment that salbe proponit to stop thar mariaige. And in cace na person compeir the said xxj day of Januar to allege impediment as said is, the sayd mariaige betuix Thomas and Eleyn to procead, nochtwythstanding the contends of the foyrsaidis myssyvis. The quhilk daye, Wiliam Lawson and Bege Jak, fornicators, Lawson, jak, ^ J & 5 fornicatoris. 1 Patrick, sixth Lord Lindsay of the Byres. ' Fiercest and most bigoted of the Lords of the Congregation, and doomed to unenviable immortality in the pages of Sir Walter Scott, he was yet an honester man than most of his contemporaries, and his zeal for the establishment of Protestantism seems to have been sincere, however alloyed by meaner motives ' {Lives of the Lindsays, 1849, i. 276). He died on the nth of December 1589, ' at a great age ' {Ibid. i. 311). 2 xiiiij. in MS. 232 REGISTER OF wylling to marie together, ar ordened to mak satisfaction according to the ordor of disciplin in this kyrk. Die xjciiij t0 - Januarii anno quo supra. Ramsay, Zowll, The quhilk daye, Rychard Ramsay talyour and Eufam Zowll, fornicatoris. fornicatoris, manifestit be procreacion of ane child, ar ordened to mak public satisfaccion this nixt Sunday in the essemble of the kyrk ; and Rychard to present the barn after nuyn to baptisme ; and Eufam tharefter to resave the barne and ether hyrself foster the said barne or procur to it ane foster mother sufficient ; and Rychard to concur in equall expens wyth Eufam anent the educacion of the barne. mittit to magis- Die penultimo Januarii anno quo supra. The quhilk daye, Walter Symson and Eufam Macke delated and acused for fornicacion wyth perseverance of huyrmongyn tratis. committit be tham. Thai bayth confes the sam, quharfor the ministerie be supplicacion committis tham to be punist civile be magistratis. The quhilk daye, Henry Watson, cuk to the Bischop of Cathnes, 1 and Gelis Symson delated callit and accusit for forni- cacion committit betuix tham. Thai bath confes the sam, and at thai ar under mutuall promys of mariaige mayd betuix tham. In respect of the quhilk confession, the ministerie decernis thame to mak public satisfaccion this nixt Sundaye in the essemble of the kyrk, and paye v s. to the box of the puyr ; and wythin xl dayes to procead in solemnizacion of thar mari- aige under pane of excommunicacion. 1 Robert Stewart, brother to the Earl of Lennox, was elected Bishop of Caithness in 1542, but was never in priest's orders. He became a Protestant, but still bore the title of Bishop, and enjoyed the revenue of his see. After the murder of the Regent Murray, he also held the Priory of St. Andrews, and was made Earl of March in 1579. His wife, a daughter of the Earl of Athole, divorced him for impotency. He seems to have lived in St. Andrews until his death in 1586, and is said to have left a natural daughter (Keith's Catalogue, 1755, p. 128; Riddell's Peerage and Consistorial Laiv, 1842, i. 531-542). ST. ANDREWS KIRK SESSION. 233 Die xxj Februar'n anno Domini etc. lviiij t0 - The quhilk daye, anent the delacion gevyn in aganis Andro Satisfaction of Duncan and Besse Duncan, tweching the horribill incest com- Duncan for mittit betuix tham manifestit be procreacion of ane child betuix mcest * thaim, the woman beand the relic of umquhill Dauid Fyff syster son of the said Andro. The parteis beand both sum- mond to this session be Superintendentis letteres to compeyr and underly disciplyn for thar offence foyrsayd, the said Andro comperand personale he confessis his fait, humely submittis hym to disciplyn; and the woman excused be hyr brother throw impediment of this instant vehement storme of snaw, he in hyr nam confessis hyr offence, offerris hym souerte that sche sail underly and full [fill] 1 the disciplyn to be injineit to hyr. The Superintendent, wyth avyis of the ministerie, ordenis the saidis Andro and Besse thre syndre Sundayes to present tham- selfis in the public essembleis of the kyrk of Dron and acknaw- lege thar offencis, obles thamselfis to absteyn fra all occasion of sclander gevyn in tym cuming, humyll thamselfis on thar kneis, ask God mercy and the congregacion forgyfnes ; and, in the sam maner, thre Sundayes, mak the lyik satisfacion in the kyrk of Sanct Iolmstoun, 2 and pay to the box of the puyr of every ane of the saidis kyrkis x s. The quhilk daye, anent the question of mariaige betuix Ihon Decretum Makcullo and Catrin Angus, and impediment to stop the sam pro- inter M^cidh ponit be Jhon aganis Catrin, the Superintendent and ministerie, et An § us - advysed wyth the allegacionis and confessionis of parteis, findis the promys of maruaig betuix the saidis Ihon and Catrin to be lawfull, in respec of the tym it wes mayd in and carnall copu- lacion following thar upon ; and tharfor the saidis Ihon and Catrin to procead to thar solemnizacion and mariaige wythin xl dayes, under pan of excommunicacion, nochtwythstanding the allegit be Ihon, admittit [to his probacion] 1 and nocht provyn. Omitted. 2 Perth. 234 REGISTER OF Die xxij rnensis Augusti anno Domini 1565. BeynTtoun 11 ^ '^ ne quhilk daye, James Beynston, apperand of Lammelethem, 2 [and] 1 Hep- a nd Joanna Hepburn, dochter and naturall of Patrik, Byschop of Murray, 3 laufully summond to this daye and session be the Superintendentis letteres, to heir and se tham decernit to pro- cead to solemnizacion of thar mariaige, contract betuix tham detfully wyth consent of thar parentis and publeist be pro- clamacion of thar bannis, or ellis to allege ane ressonabill caus quhy 4 the sam suld nocht be don, &c. The saidis parteis comperand, Joanna Hepburn allegis sche suld nocht be decernit to compleit and solemnizat mariaig wyth James Beynstoin, becaus that in the mayntym of the allegit contract, promys, or gevyng of consent to the proclamacion of bannis tharof, the said Joanna wes constraint and compellit be just fear and dredor that mycht fall in ane constant mai, and that be Patrik Hep- burn, parson of Kynoyr, 5 my brother, wyth sic wordis, pronuncit be hym wyth ane vehement and aufull contenance, sayand, Gyf I consentit nocht to the said promys and completing tharof, he sudd drown me in the watter of Erne as I past to Perth. And I beand bot ane yong woman of xiij or xiiij yearis of aige, destitut of knawlege, fearing my said brother that thar sudd ane gret inconvenience follow heirefter, wyth sorowfull mynd 1 Omitted. 2 Lamboletham, now in Cameron, was then in the parish of St. Andrews. 3 Patrick Hepburn, son of Patrick, first Earl of Bothwell, succeeded his uncle, John Hepburn, as Prior of St. Andrews in 1522, and was advanced to the See of Moray in 1535, with which he held the Abbacy of Scone in conwiendam. He persecuted Alesius with brutal cruelty, and had a chief hand in the martyrdom of the aged Walter Mill. His zeal against heresy was only surpassed by his shameless profligacy. Besides Joanna he had at least other ten natural children, and these apparently by different mothers (Laing's Knox, i. 40, 41, 360 ; Ander- son's Annals of the English Bible, ii. 447-449 ; Register of Great Seal, iii. Nos. 1329, 3169 ; iv. No. 460). ' He outlived and braved the Reformation, and con- tinued his former mode of life in his palace and castle of Spyny, and his profuse alienation of church lands, till his death, 20 June 1573' {Registrum Episcopatus Moraviensis, Ban. Club, p. xvi.). 4 Quhy quhy in MS. 5 From 1562 to 1566 Patrick Hepburn was prebendary of Kynor and Dun- bennan, which now form the parish of Huntly {Illustrations of the Antiquities of Aberdeen and Banff, Spald. Club, ii. 164, 168). Three of the Bishop's bastards bore the name of Patrick. ST. ANDREWS KIRK SESSION. 235 and sayr hart, bursting owt wyth tearis throw the aufull and terrebyll fear and threatnyng of my said brother, beand far fra my freindis at that tym, in cace of inconvenience as said is, wes compellit to consent to quhat thing my said brother wald have me to do or say. And sua I awcht nor suld nocht be decernit to compleit the said band, bot fred of the sayd James, lyikas I am bayth of mynd and deid afoir God and man, lyikas I never consentit tharto befoir in ony tym, bot constantle sted 1 at the compulsion foyrsayd, lyikas I do yit and ever sail in that mater. Quhilkis premissis the sayd Joanna ofFerrit hyr to prev, desyring hyr to be admittit tharto. The Superintendent requirit the sayd Joanna 2 to geyf hyr ayth of calumpne, gyf sche lies just caus to propon and allege the foyrsaidis defensis; quhilk desyr the sayd Joanna obeyit and fulfillit in gevyng hyr ayth, and be the sam affirmit sche had j ust caus to propon and allege the sam, and at thai war most trew. The Superintendent, in presens of James Beynstoin, admittis the saydis defensis to pro- bacion of the sayd Joanna, and statutis to hyr at hyr desyr Wednisday nixt to cum to prev the sam. Parteis heyrto sum- mond apud acta. And James Beynstoun confessis that at the pretendit contract and promys mackyng betuix hym and the sayd Joanna, his father commandit hym to consent tharto, or ellis he suld never get 3 gud of hym nor nan of his heretaige ; and sua fearing the foyrsayd thretinyng of his father, rather compellit nor myndit wyth his hart to perform, he consentit, albeid the sayd Joanna apperit to hym to have als lytell wyll of hym as he had of hyr. Quhilk confession Dauid Bowey, prolocutor for Joanna Hepburn, acceppis sa far as mackis for the proba- cion of hyr defens, and repetis the sam in probacion tharof . Die xxix Augusti anno Domini etc. lxv t0 - The quhilk daye, as in term assignit to Joanna Hepburn to prev hyr defensis proponit to stop hyr proceding to solemniza- cion of mariaig wyth James Beynstoun and admittit, comperis 4 Andro Bowey, hyr procurator be hyr mandat, and producis 1 Stickled. 3 Gud in ms. - Ikon in MS. 4 Comperis comperis in MS. 236 REGISTER OF Wyliam Cwnygham of West Bernis, Thomas Wod sumtym monk in Lundoris, Wiliam Lermonth in Scone, Wiliam Mone- penny citiner in Sanctandrois, Issobell Mortoun Lady of Bernis, Elizabeth Monepenny relict of Andro Wod, quhilk ar resavit, suorn and admittit, in presens of James Beynstoun, and instantle examinat. Of the quhilkis thar deposicionis followis. ^ De wytnes n ] iS ° f Wyliam Cwnygham of West Bernis, wytnes, sworn and \ examinat, be his ayth deponis that he hard Patrik Hepburn speyk scharp and hard wordis to Joanna Hepburn to persuad hyr consent to the contract and promys of mariaig wyth James Beynstoun ; hard and saw Joanna mak mony sunyeis 1 and say sche wald nocht consent to na mariaig, quhill sche knew the mynd of hyr father ; and saw hyr burst and gret wyth mony tearis, and be hyr plane contenance and behavor schawyn at the pretendit promys mackyng wyth James Beynstoun, it apperit planlie to the deponar Joanna gave na expres nor plan consent in word nor contenance. Item, the deponar hard Patrik Hepburn say to Joanna, his syster, gyf sche wald nocht consent to contract and promys mariaig wyth James Beyns- toun, sche suld never get gud of hyr father bot gang lyik ane huyr. 2 Thomas Wod, wytnes, sworn and examinat upon the saydis defensis, be his ayth deponis that he wes present in Strawethey 2 at the fyrst cuming thar of Joanna Hepburn, thar hard, be hyr rehers and spekand wyth hyr awyn mowth, that sche wes brocht thar agans hyr wyll, and at sche knew nathing of ony maruaige to be talkit betuix hyr and James Beynstoin. This hard, the deponar departit furth or onything procedit, and kennis na mayr. 3 Wyliam Lermonth, familiar servand to Patrik, Bischop of Murray, wytnes, sworn and examinat anent the maner of cuming of Joanna Hepburn to Strawethe and otheris defensis proponit for hyr part, be his ayth deponis that he knawis perfytlye that Joanna Hepburn, at hyr cuming fra Sanct 1 Excuses. 2 'The castle of Stravithy, a little west from the centre of the parish' of Dunino, ' was a regular fortalice, situated in a bog with ditch and drawbridge ' ; but ' the bog has been drained, and the site of the castle converted into corn- land' (Statistical Account of Fifeshire, 1845, p. 365). ST. ANDREWS KIRK SESSION. 237 Jhonstoun to Strawethy, had na consent of hyr father and wes dissavit be Patrik Hepburn hyr brother that brocht hyr. Causam scknc'ic reddit, the deponar hymself wes send be Patrik, Bischop of Murray, father to the said Joanna, sa son as he gat vvyt to stop the contract ; and also he hard the mater tryed befoyr the said Bischop, and sa fund that all procedit wythowt his consent, and wythowtyn knawlege of Joanna, quhai wes browcht in Fyff wythowt hyr knawleg or consent to mary thar. Item, the deponar examinat upon the manesyng of Patryk toward Joanna, specifyed in the defensis, the deponar affirms the sam to be trew. Causam sciencie reddit, he wes present in Strawethy in ane ower chalmer, alan in cumpany wyth Patrik and Joanna, in ane nuyk of the sayd chalmer besyd ane chymnay, hard Patryk bost Joanna to droun hyr in Ern, gyf sche consentit nocht to mary wyth James Beynstoun. Item, the deponar affirmis the greting and tearis of Joanna, mayd bayth befoyr the pretendit promys and in tym tharof. He wes present hard and saw as he deponis. Wyliam Monepenny, citner of Sanctandrois, wytnes, sworn and examinat, be his ayth deponis that he wes present quhen James Beynstoun, Joanna Hepburn, and frendis war convenit to se and heyr promys of mariaig betuix James and J oanna ; saw Patrik Hepburn tak Joanna Hepburn be hyr alan and spak wyth hyr the space of ane hour ; saw Joanna in that tym greit veray sayr, and at lenth saw hyr cum wyth ane drery and sad contenance, [with] 1 tien, 2 and waykly wyth law voce con- sent, and be support of Patrik gev furth hyr hand : and kennis na mayr in this caus. Jssobell Morton, Lady of Bernis, wytnes, sworn and examinat, be hyr ayth deponis that sche hard Joanna Hepburn say 3 to the deponar, in Strewethy, that Patryk Hepburn hyr brother brocht hyr thar aganis hyr wyll fra Sanct Ihonstoun upon ane hors behynd hym. Item, sche deponis that sche hyrself wes present quhen James Beynstoun, Joanna Hepburn, and frendis war convenit to heir and se promys of mariaig betuix James and Joanna ; and the deponar saw at that self sam tym Joanna Hepburn burst owt wyth greting and tearis; quhilk seyn be 1 Omitted. 2 Sorrow, vexation. Sayd in MS. 238 REGISTER OF the deponar, sche departit fra tham, beand disparit of ony gud succes to follow upon sic begynnyn. Item, the deponar deponis that befoyr ony pretendit promys betuix parteis, sche hard Joanna Hepburn say oppynly that sche wald never mary wyth James Beynstoun, and 1 thai suld harll hyr at ane hors tayll : and kennis na mayr in this mater. 6 Elizabeth Monepenny, relict of Andro Wod, wytnes, sworn and examinat, be hyr ayth deponis, and is conform to Issobell Mortoun wytnes immediet preceding. Deciaracion of The quhilk daye, the Superintendent and ministerie, avysit tendh promys w } T th this proces preceding, findis and understandis that the betuix Bg n s- pretendit promys of mariaig betuix James Beynston, apperand burn. of Lammelethem, and Joanna Hepburn, namit naturall dochter of Patrik, Bischop of Murray, and of Jonat Vrquhart, of the part of Joanna Hepburn is nor wes no fre nor lawfull promys nor wylling consent, bot mayd throw fear of thretnyngis, wyth wepying and lamentabyll contenance, dissavit be meanis of Patrik Hepburn, parson of Kynoyr, hyr brother, unratefyed be hyr in ony sort sen syn, and tharfor in the self nul and non ejfectum : 2 and heirfor pronuncis and declaris the sam null, and the saidis James Beynstoun and Joanna Hepburn, and every ane of tham, to be fre for ony caus foyrsayd preceding, and at liberte to mare in the Lord wyth ony lawfull parte, and heir- upon decernis testimonials to the parteis, &c. Die septimo Februarii anno Domini etc. lociiij to - Cognicione anent the barn of Cristen Flukar aliegit to perteyn to Mr. Dauid Meldrum. The quhilk daye, Cristen Flukar, servand sumtym to Mr. Dauid Meldrum, delated to be wyth barne, sche nocht mareit and the father unknawyn, and fugytyve efter knaulege had of hyr being in Scottiscrag, and sche, hyr father, mother, and James Chesolme in Scottiscrag hyr resettar, summond be the Superintendentis letteres to this daye and session, comperis James Chesolm personaly, and excused Cristen be bodely seyk- nes. And the sayd James, being examinat upon certan headis, ansuered as efter followis. The said James in his ansueris, in his conscience, confessis that his brother, Thomas Chesolme, 1 Although. 2 Offednm in MS. ST. ANDREWS KIRK SESSION. 239 dwelland in Strolsownd, arryved at Dundei furth of Ducche land at the Rud-day, 1 in Maye last wes, or tharby, and remanit in Scotland the space of ane moneth, and than departit toward Strolsownd ; and in the tym of his being heir his sayd brother resorted to the hows of Master Dauid Meldrum, quhar Cristen Flukar dwelt for the tym, and thar knew the said Cristen carnaly ; and heirefter abowt viij dayis efter the nixt pl^J™' Lamraes, the said Thomas his brother returned in Scotland and departed estward at Mychaelmes ; and befoyr that his last departyng, he confessed to the deponar that the said Cristen Flukar was wyth child to hym, and ordenit hym to caus baptyis the child, and mak expensis tharupon : quhilk child wes borne upon Sanct Stephins daye, 2 this instant year of lxiiij. Quhilk deposicion wryttyn, the Superintendent monest James Chesolm to compeyr this day xv dayes, befoyr hym and the ministere in thar essemble, quhen Cristen Filukar wes hayll, and caus hyr cum wyth hym : to the quhilk he consentit. Die xxj Februarii anno quo supra. The quhilk daye, as in term assignit to James Chesolm to Chesolm, compeir and wyth hym Cristen Flukar, comperis James Chesolm FIukar - and excusis the absence of Cristen be impediment of instant tempest and storme of snaw. Quhilk excus considerit and admittit, the Superintendent monest James to compeyr this day xv dayes and bring Cristen Flukar 3 wyth hym. Die septimo mensis Marcii anno Domini etc. lxinj i0 - The quhilk day, as in term assignit to James Chesolm to Chesolm, compeir and bring wyth hym Cristen Filukar, comperis James FIukar ' and allegis he hes put the said Cristen furth of his hows ; and be his ayth deponis he wayt nocht quhar sche is at this present tym, and at na other person nor Cristen Flukar required hym to treat the said Cristen, nor to be wytnes at baptisme to hyr barne ; and confessis that thar war wytnes at baptisme wyth hym — ane called Barclay in Nether Corbe, and ane Flukar father to the said Cristen, and ane woman brother wyf of the 1 The 3d of May. 2 The 26th of December. Fluk in MS. 240 REGISTER OF said Cristen. The Superintendent monesis James to compeir this day viij dayes, and bryng wyth hym the said Cristen Flukar, according to his promys mayd the vij of Februar last wes, under pan of excommunicacion. Die xiij Juni anno Domini m°v c lxv t0 - Chesolm, The quhilk day, efter that knawlege wes gottyn that Cristen Fiukar! m ' Filukar, sa lang fugityve, wes duelland in Dunde, and had confessed to Ihon Kynlowch, hyr master, that the barn be hyr borne wes begottyn betuix hyr and Master Dauid Meldrum, the said Master Dauid beand warnit to ansuer for hymself ; and also James Chesolm, understand to be convoyar of the mater, summond to this daye and session and comperand, and the said James re-examinat upon the headis that he mayd ansuer to the vij of Februar last wes, contenit in the act of dayt foyrsayd, and accused of the sam to be knawyn now untrew, in his ansueris is becum repugnant to his formar deposicionis. And fyrst, he now deponis that Thomas Chesolm arryvit at Leyth abowt Pasche, and sua contrary to his fyrst deposicion in twa puntis, to wyt, anent the place and also anent the tym. Quhilk is ordenit to be ingrossit in the actis, quhill forder tryall be had in this caus, that be the sam he may be convict of perjure and underly disciplin, and [be] 1 committit to the Justice be supplicacion to be punest as the crym of fals wyt- nes deservis of the law. And the sayd Master Dauid Meldrum comperand and accused of adulterye committit be hym, he beand the husband of Cristen Thomson his lawfull wyf, hes gevyn his body to Cristen Flukar, manifestit be procreacion of ane child gottyn betuix tham, as the said Cristen hes confessed; quhilk Mr. Dauid stowtly denyis hym to be gilte of the sayd accusacion, and ofFerred hym pron and redy to geve his ayth of calumpne. The Superintendent and ministere ordenis the said Mr. Dauid and James Chesolm to compeir this nixt Wednisday, and se forder triall takyn in this mater ; and decernis supplicacion to be direct to the ministerie of Dunde be thar ordinarie meanis [to] 1 caus Cristen Flukar to compeyr the sayd Wednisday. 1 Omitted. ST. ANDREWS KIRK SESSION. 241 Die xx mensis Junii anno Domini quo supra. The quhilk day, as in term assignit for forder tryall to be Deposicion and takyn anent the barn born be Cristen Flukar for knawlege of j^J 00 ° f the father tharof, the sayd Cristen comperand, hyr ayth of verite takyn to declar the trewth of the thingis to be demandit of hyr, and sche examinat, hyr deposicion follouis. In the fyrst, being demandit upon hyr ayth, quhai is father of hyr barne laytle borne upon Sanct Stephinis day last wes, sche ansueris and deponis Master Dauid Meldrum present to be fader tharof. Item, Cristen deponis that Master Dauid Meldrum beand in his bed in 1 ane mornyng, his wyf beand at Sanct Leonardis prayeris, 2 he called upon the deponar to gyf hym his clathis, at quhilk tym the said Master Dauid fyrst knew hyr carnaly, and that wes in the begynnyn of Lentron in the lxiij year; and siclyik the said Master Dauid knew hyr carnaly twa syndry mornyngis in his awyn bed, his awyn wyff ane of the sayd tymmes beand in Dunde. Item, the deponer confessis that efter sche wes knawyn to be wyth barne, Master Dauid schew to hyr that his wyff endlit upon hyr, and desyrit hyr to depart of the town ; and also deponis that the wyf of Mr. Dauid, knawing hyr wyth barn, sperit at hyr quhai wes father to hyr barn ; and the deponar ansuerit that the father of hyr barn was nocht in Scotland ; and sa be that meanis sche bayd still in hows of Mr. Dauid quhill Martymes at hyr term com. Item, sche deponis at the term of Martymes beand cum, at consayll and desyr of Master Dauid, sche past haym to hyr fatheris hows ; and befoyr hyr departing resavit fra Master Dauid xxx s. to mak hyr expensis, and sustenit hyr tharwyth quhill sche wes lychtar ; and xiiij dayes efter sche wes lychtar, the deponar caused the vicar of Crech wryt ane by 11 in hyr 1 An in MS. 2 In speaking of the second year of his course at St. Leonard's College, 1572, James Melvill says : ' The graittest benefit I had of him [James Wilkie] was his daylie doctrine at the prayers in the kirk, everie morning ; for he past throw the twa buiks of Samuel, and twa of the Kings, very pleanlie and substantiuslie ' (Melvill's Diary > Wod. Soc, p. 27). It maybe inferred from the incidental reference in the text that there was morning prayer in St. Leonard's Kirk while Duncanson was Principal, and that the attendance was not confined to students. See suj>ra, pp. 76, and 103, n. a 242 REGISTER OF nam to send to Master Dauid, wythowtyn mencione of his nam tharin, and send the sam by 11 to Master Dauid wyth hyr father; and efter Mr. Dauid had resavit the byll fra hyr father, James Chesolm in Scottiscrag com to Cowpar, and thar sowcht hyr father and met wyth hym, and spent at hym gyf he had ane dochter lyand in child-bed, quhai confessied sa to be. And the sayd James requirit hyr father to caus the deponar cum and meit hym the nixt Sunday, at Sanct Talis kyrk 1 wyth hyr barne, and he suld gar baptyis the barne ; and forbad hyr father or ony other belangyn to hyr to ken or speik ane word to Master Dauid Meldrum anent the mater, for he wald nocht ken tham, for he had byddyn the said James do all thingis that nedit to be don and he wald perform the sam. Quhilke foyr- saidis talkyn, the sayd Cristen deponis hyr 2 father tald to hyr. Item, the said Cristen [deponis] 3 that sche and Cristen Patton, hyr brother wyff, com to Sanct Talis kyrk at day feyrst appoynted, quhar sche met James Chesolm ane lytill bewest the kyrk-yard ; quhai excused hym be absence of the minister of that kyrk that the barn wald nocht be gottyn baptised that daye ; and bald hyr be of gud comfort for sche knew the father of hyr barne had na may barnis, and he wald do 4 weyll to hyr barin and to hyrself. Item, the said James Chesolm, tym foyr- said, in presens of the said Cristen Patton, hyr brother wyf, duelland in Corbe-hyll, requirit the deponar to father hyr barne upon Thomas Chesolm, his brother ; and tackis upon hyr con- science and saull, sche never sawe the said Thomas Chesolm in hyr lyftym, that sche kend hym be ane other man. Efter this talkyn, the deponar departit to hyr father hows, remanit thar quhill the nixt Sunday, and com agane to Sanct Talis kyrk ; quhar James Chesolm met hyr, and be hyis meanns and convoy caused hyr to be admittit to ask that congregacion forgyfnes and hyr barn to be baptised. And the deponar beand in- struck it be James Chesolm, quhen sche wes required be the minister quhai awcht hyr barn, sche ansuerit Thomas Chesolm wes hyr barnis father. Item, efter baptysing of hyr barn, the deponar returned wyth hyr barn to hyr faderis hows, and remanit thar quhill the Lard of Kynayr send for hyr to inquir 1 See supra, p. iSo, n. 3. 2 His in ms. 3 Omitted. 4 To in MS. ST. ANDREWS KIRK SESSION. of hyr barnis father. And sche adverteist James Chesolm tharof, quhilk James causit hyr wyth hyr barn cum fra hyr fatheris hows to the hows of James, quhar the deponar remanit ane moneth. In quhilk myd tym James Chesolm wes summond to cum to Sanctandrois befoyr the Superintendent, and he desyrit the deponar to cum wyth hym, and to gev ane ayth thar that Thomas Chesolm, brother to the said James, wes father to hyr barn ; and instruckit hyr of mony thingis that he desyrit hyr to say and sweir. And becaus the deponar refusit and grudgit to sweir the thing that sche knew to be fals, James put hyr away fra his hows, and wythheld hyr barne in his hows ; and efter that the deponar com agan to the hows of James Chesolm, and desyrit hyr barn to be deliverit to hyr, the sayd James refusit to deliver to hyr hyr awyn barn, bot wythhaldis and mantenis the sam. Item, the sayd Cristen deponis that befoyr sche wes lychtar, sche revelit to Cristen Patton, hyr gud-sister, that Master Dauid Meldrum wes father of hyr barne. Item, the sayd Cristen deponis that Rychart Mar and Thomas Gulen, servandis to James Chesolm, knew and kend that Master Dauid Meldrum was fader to hyr barn, or sche com to the hows of James Chesolm. 1 Die septlmo Fehruarii anno etc. lociii) t0 - The quhilk daye, Dauid Trumbull and Agnes Peblis delated, Satisfaccion of called, accused, and convict of fornicacion committit betuix p e biis fornica- tham, manifestat be procreacion of ane child betuix tham and tons - confessed. Thai ar ordened 2 to mak public satisfaccion in the essemble of the kyrk, and pay x s. to the box of puyr, and thar child to be resavit tharefter to baptisme. The quhilk daye, Baltasar Spens, 3 exortar in Kynowll, Deprivation of delated and summond to this session be the Superintendent ^k^owST*** letteres, to heyr hym decernit to underly disciplyn for abusing of his office and vocacion, in baptising of al barnis indifferently, 1 The remainder of the page is blank in the Register, as if left for the con- clusion of the case. 2 Orden in MS. 3 D. Balthasare Spens, notario publico, witnesses a charter at Rossye, on the 3d of December 1556 {Register of Great Seal, iv. No. 1130). 244 REGISTER OF and divers others notorus and wechty offencis, and nocht com- perand, is worthely deprivit fra his office be Superintendent. 1 J. MyUar, Law- The quhilk daye, James Myllar and Jonat Lauder delated commitSt 0 * 10 " 5 ca -Uit an d accused for fornicacion committit betuix tham. The woman confessis, and allegis secret promys of mariaige preceding the carnall copulacion. James denyis all. The woman for hyr part referris all to his ayth, and delay grantit to hym to avyis wyth his ayth. The daye cumand he confessis carnall deyll, and denyis and purgis hym of promys. The personis are committit to the magistratis be supplicacion to be civile punist. Die xxviij Marcii anno Domini m°v c lxv to . Smart and Scot The quhilk daye, Niniane Smart and Catrin Scot, summond be marye. 1 10 ^ ne Superintendents letteres, delated and accused for transgress- ing of the ordor of the kyrk, and occasion of sclander gevyng to otheris, in that thai, after mutuall promys of mariaige befoyr solemnizacion tharof, lies kepit and haldyn hows together at bed and burd, and nether causis thar bannis be proclamit nor mariaige solemnizat. Quhilk confessit, thai ar chergit to gev thar namis, and caus thar bannis be proclamit, and procead to solemnizacion of thar mariaige befoyr this nixt Wytsundaye, under pan of excommunicacione. Die xj mensis Aprilis anno quo supra. Satisfaccion of The quhilk daye, James Adeson in Arneill and Elizabeth Bawye? fornica- Bowy delated called and accused of fornicacione, manifestit tons - be procreacion of ane child betuix tham. Thai confes. Eliza- beth clamis mariaig of James, according to the law of God, for defloracion of hir virginite ; finale, sche, behaldyng he culd nocht be persuadit wyllingle tharto, grantis to accep ane por- cion of hys gayr to help to dot hyr, and quitis and renuncis mariage of hym, sche being dischergit of the burdyng and educacion of thar barne. And James oblesis hym to resave the barn, and accept upon hym the educacion and expens of the barn, and to pay 2 x life, to Elizabeth, tharof v life, in hand, 1 The contraction for per is repeated in MS. 2 To pay to in MS. ST. ANDREWS KIRK SESSION. 245 and fynd caucion for the other v lit), accitat : quhilk Elizabeth acceppis and exoners James of mariaige. And bayth the saidis parteis ar ordenit to mak public satisfaccion in the assemble of the congregacion this nixt Sundaye. Die xxv t0 Aprilis anno quo supra. The quhilk daye, Robert Watson, servand to the Bischop Watson and , i n «• i ^ mi Greiff fornica- oi Caytnes, 1 and Margret Greiir, servand woman to 1 nomas toris committit. Meffen, dilated for fornicacion and warnit to this essemble ; and nocht comperand, thai ar notit contumaces, and committit be supplicacion to the Provest and balles of Sanctandrois to be punist civile, bayth for thar fornicacion and inobedience. Xij Septembris, Margret Greif is resavit and admittit to public Greif admittit *^ to S3.tisf*3.ccionc satisfaccion for hyr fornicacion committit wyth Robert Watson, and hyr barn resavit to baptisme. Die secundo Mail. The quhilk daye, Jhon Leis and Margre Walcar delated Leis, Waicar, called accused and convict of adultere committit betuix tham, ^"t^ 1 " 6 " 8 com " manifestit be procreacion of ane child, the said Ihon Leis, smyth, inhabitant of Sanctandrois, being the husband of Bege Scot. Thai ar committit to the Provest and balles of Sanct- androis be supplicacion to be punist civile, according to the ordor resavit and observit. Die x Octohris anno quo supra. The quhilk daye, Bege Scot, spows of Ihon Leis, in presens Reconciiiacion of the ministerie, confessis that it com to hyr knawlege, at the s C ot e S a " d Senze-fayr 2 of Sanctandrois last bypast, that Jhon Leis hyr 1 See supra, p. 232. 2 In 1 58 1, ' oure Soverane Lord and thrie estaitis of Parliament, understanding that the Provest, bailleis, counsall and communitie of the cietie of Sanctandrois, and thair predicessouris, hes bene in use and possessioun of ane publict fair and mercat callit the Seinzie fair, beginnand upoun the Mononday efter Pasche Mononday yeirlie, and continewand to the space of xv dayis nixt therefter, within the said cietie and cloister of the Abbay situate within the samin, in all tymes bigane past memorie of man ... ratefiis, apprevis, and confermis the foirsaid prevelege of the said mercat and fair' {Acts of the Parliaments of Scot- land, iii. 239). It was held in the cloister of the Priory (Martine's Reliquiae Divi Andreae, p. 188). 246 REGISTER OF husband had committit adultery wyth Jonat Walcar, quhilk offence for hyr part sche lies remittit wyth hyr hart and is reconcilit wyth hvm. Die secundo mensis Mall anno etc. faro. Benns and The quhilk daye, Thomas Beins and Besse Smyth his spows Smyth monest. ar mones t ^ e m i n i s tere to adhear in mutuall cohabitacion incontinent, under panis of excommunicacion. Die d\vv mensis Mall anno quo supra. Wyiiamson The quhilk daye, Dauid Scot and Eufam Wyliamson, beand adherance to delated to the Superintendent in his visitacion for nocht adher- Scot - ance nor proceding to solemnizacion of thar mariaige, beand under promys of mariaige and carnall copulacion following tharupon, laufully summond be the Superintendentis letteres to this session, to adheir and proceaid to thar solemnizacion of mariaig and mutuall cohabitacion, or ellis to schaw sum resson- abill caus quhy thai suld nocht sa do ; and comperand, the sayd Eufam, in presens of Dauid, allegis sche suld nocht adheir to hym, becaus, efter the sayd promys of mariage and carnall copulacion betuix the sayd Dauid and hyr, and now sen refor- macion of religion, the said Dauid hes gevyn his body to Beatrix Henderson and Besse Dicson, manifestit be procreacion of twa children betuix hym and the saidis Beatrix and Besse respective; and sua be adultre committit be the said Dauid he hes cuttit hymself of fra hyr; and tharfor askis hyr to be absolvit fra adherence, and liberte to mary in the Lord. The sayd Dauid confessis the allegacion of gevyng his body and pro- creacion of children befoyr mencionat as is allegit, and for his defence allegis the occasion tharof wes gevyn be Eufam, quha absentit hyr fra his cumpany, na occasion mayd be hym to hyr. The Superintendent, avysed wyth the defens and ansuer and confession, absolvis Eufam fra adherance and proceding to solemnizacion of maruage wyth the sayd Dauid, and committis the said Dauid to be punist be the magistratis accordyng to the law. ST. ANDREWS KIRK SESSION. 247 Die xiij mensis Junii anno Domini quo supra. The quhilk daye, the Superintendent, in takyng cognicion Gardinar and anent 1 the clam of mariaige perseuit be Issobell Rynd of Ihon to^arye 06 ™ 11 Gardinar, parrochinaris of Forgown, fyndis sufficiently provyn that thar bannis war proclamit in Forgon kyrk be bayth thar consentis befoyr carnall copulacion, quhilk sen syn is folio wit tharupon betuix tham ; and heirfor the Superintendent decernis and monesis the say d is Ihon Gardinar and Issobell Rynd to proceaid in solemnizacion of thar mariaige wythin xl dayes under pan of excommunicacion. Die xv i0 Augusti anno quo supra. The quhilk daye, Thomas Dwry is becum caucion for Ihon Castaris and Castaris, extranear, that he sail compeir in this citie and f 0 ris^av™fund underly disciplyn of the kyrk and correccion of the magistratis caucoiyr mar- betuix this and Alhallow-day 2 nixt to cum, for his fornicacion committit wyth Catrin Smaw ; and, gyf he falyes sa to do, Thomas to pay fyve marcas to the box of the puyr. And the said Catrin Smaw oblesis hyr to underly disciplyn and correccion quhen sche salbe requiret. Heyrfor thar barn to be baptised. Die xxix Augusti anno Domini etc. lxv io - The quhilk daye, Andro Weland, in Kylrynne, and Anne wdand, Anderson, inhabitant in Sanctandrois, delated, callit and accused ^^act"' as huyrmongaris. Thai confes thar offensis, schawing signis of repentance, ar contract be mutuall promys of mariaige, and oblest to procead to solemnizacion betuix this and Sanct Lucas day 3 nixt to cum. Thai ar ordened to mak public satis- faccion in the essemble of congregacion of Sanctandrois, this nixt Sunday befoir nuyn, and thar barn to be resavit to bap- tisme efter nuyn. Die quinto mensis Septembris anno Domini etc. lxv*°- The quhilk daye, Patrik Lokarid and Cristan Thailand beand Lokard, Thai- summond be the Superintendents letteres laufully to compeir 1 Anent anent in us. 2 1st of November. 3 1 8th of October. 248 REGISTER OF in this essemble, to heir tham decernit to proceid to solemniza- cion of mariaige contract betuix tham, or ellis ether of tham to schaw ane ressonabill caus quhy thai sudd nocht sa to do ; wyth certificacion that quhidder thai comperit or nocht the Superintendent wald do justice to the parte comperand, as at lenth is contenit in the said letteres deuly execut, indorsat and reproducit : thai called, comperis Patrik and 'for his part con- fessis thar wes mutuall promys of mariaig mayd betuix hym and the said Cristen Thailand, upon the secund daye of Aprill last was, in presens of the minister and sum of the eldaris of Kyngorn Ester and otheris wytnes ; according to the quhilk promys he for his part is wylling to procead to solemnizacion of mariaige, and that thar bannis be proclamit according to the ordor of the kyrk. And seing thar is na caus allegit for the part of Cristen to stop thar proceding, Patrik desyris the pre- missis be hym rehersit and confessit to be admittit to his pro- bacion, and competent term statut to hym to prev the sam ; and the sam being provyn the Superintendent to decern the sayd Cristen to procead to solemnizacion of mariaige wyth hym. The Superintendent admittis the allegacion of Patrik to his probacion, and statutis to hym liter atorie to prev the sam as accordis of law. Die xij Septemhis anno quo supra. Lokard, The quhilk daye, according to the term set literatorie to PatrikLokard to prev mutual] promys of mariaige betuixt hym and Cristen Thailand, as in the act Wednisday last was, com- peris Mr. Alexander Sibbald, procurator, admittit for Patrik, and producis ane lettre of summondis of Superintendentis, deuly execut and indorsat, tharin summond the sayd Cristen to this session and desyr foyrsaid ; and also for desyr of term producis ane testimoniall subscrivit be Thomas Byggar, minister, 1 Wyliam Boswall, Ihon Kyrkaldy, eldaris of Kyngorn, and James Nycholson, of dayt the x day of September instant. 1 Biggar, who had been a member of the chapter of St. Andrews before the Reformation, was admitted minister of Kinghorn in 1564, and died in 1605. His son Mr. Thomas, reader in the same parish, suffered for non-conformity in 1621 {Booke of the Universall Kirk, Ban. Club, i. 222 ; Scott's Fasti, ii. 543). ST. ANDREWS KIRK SESSION. 249 In payn of nocht comperance of the said Cristein, the Super- intendent, avysed wyth the testimoniall 1 and twa generall im- pedimentis specifyed tharin obecke 2 be Cristen, in respect of the generalite tharof and that thai ar inept and irrelevant, ordenis the bandis to be proclamit ; and gyf Cristen allegis and offerris to prev relevantle ony laufull and speciall caus, sche to be hard and term to be assignit to hyr to prev the sam deuly as efferis. And gyf na relevant nor speciall caus salbe allegit be hyr, or falyes in probacion, monicionis to procead aganis hyr anent thar solemnizacion. And gyf sche disobeis, the sentence of excommunicacion to be fulminat wyth detfull ordor. Followis the tenor of testimoniall producit. Master Thomas Byggar most ernistlye wysseth, Grace mercy and peace, from God the Father and from our Lord Jesus Crist, be verteu of the Holy Spirit, unto the Superinten- dent of FyfF, and to the minister eldaris and diaconis of Sanct- androis, for salutacion. Forsamekyll bretheren as ye have requirit ane testimoniall of me, quhidder this berrar, Patrik Lokart, wes contract wyth Cristen Thailand befoir me and sic elderis, sic ane day of Aprill, as allegit befoir yow. I assur yow bretheren that the saidis Patrik and Cristen mayd mutuall promys of mariaig in Wyliam Boswallis hows, befoir me and the said Wyliam and Jhon Kyrkaldy, both eldaris, and James Nycholson ane of the diaconis, wyth otheris quhilkis war present for the tym, evyn the sam day that he allegit, quhilk wes upon Moninday, the secund of Aprill anno 1565. The quhilk day also, Patrik and Cristen being contract, thai passit ower the watter togidder, bot to quhat end I knaw nocht ; and wythin two or thre dayes thai cuming agane to Kyngorne, the said Cristen send Wyliam Boswall and James Nycholson to inquir me for Gods saik that I wold nocht proclam thar bannis, for Cristen had hard sic thingis of Patrik be report of otheris that .sche wald rather suffer dead than Testioall in MS. Objected. It occurs in almost the same form on p. 83. 250 REGISTER OF perfyt mariaig wyth hym. Than I causit Patrik and Cristen cum befoir me and the elderis and diaconis, and thar I askit of hyr the caus quhy sche wald nocht perfyt hyr promys mayd to Patrik. Hyr ansuer wes, befoyr us all, that Patrik wes brutit to have takyn at his awyn hand mor than justle apper- tenit to hym, for the quhilk caus sche fearit that he suld be cut of from this present lyff. And morower that he wes nocht cleyn of his body, and sic other thingis as thyr. Quhilk I never culd be persuadit that sic causis war sufficient to stop mariaige ; yit nochtwythstanding all the eldaris and diaconis war in my contrary, and so stoppit the proclamacion of ban n is as yit. And tharfor I am glayd that the Superintendent and ye have takyn the accion from us, becaus we culd nocht aggre upon the sam. And lat the Superintendent and the Rector call to mynd quhat I spak to tham of this mater, for I remember I askit consall of tham both in the sam accion : of the Superintendent into his awyn chalmer, and of the Rector cuming ower the watter in ane boyt. So fayr ye weyll in the Lord. Of Kyngorn, the ten deye of September 1565, be youris at command, Wiliam Bos wall, Thomas Byggar minister of Kyngorne, Ihon Kyrkaldy, lames Nuchalson, wyth my hand at the pen. Die septlmo Novembris anno etc. lxv t0 . Decretum The quhilk daye, efter that the ordinance of the Superin- inter Lokard et tendent specifyed in the act ocij Septembris wes send to the Thailand. ministerie of Kyngorne, and ansuer tharof resavit this day be the Superintendent, contenyng, in effect, that Patrik Lokard of his part lies desyrit the proclamacion of bannis betuix hym and Cristen Thailand to ceas, and wylling to quit hyr of mariaige, the Superintendent, avysed tharwyth, ordenis ane cherge to be put in wryt and dew forme to the minister of Kyngorne, requiring hym to proclam the bannis betuix the saidis Patrik and Cristen, and to moneis tham bayth to procead to solemnizacion of thar mariaige wythin xl dayes, under pane of excommunicacion to be fulminat aganis tham or ony of tham that contempnis to procead in mariag, nochtwythstand- ing ony tiling allegit or spokyn be ony of the saidis parteis. ST. ANDREWS KIRK SESSION. 251 Die xij Septembris anno quo supra. The quhilk daye, Jhon Cornfut is absolvit fra the clam of ^J 11 ^ mariaig persewit of hym be Jonat Wylson, and the sayd Ihon set at liberte to marye in the Lord wyth ony lawfull partye. Die ocxv] Septembris anno quo supra. The quhilk daye, Master Dauid Meldrum beand admittit to Meidrum procur in the caus of Elizabeth Payt, in hyr clam of mariaige p^ur!] 1 ^° of Ihon Wemys, for this diet to save hyr caus fra paresing, becaus sche is seik and maye nocht compeir ; and the said Mr. Dauid in his ressonyng injurit Dauid Wollwod 2 ane of the eldaris, saying to hym in the essemble and audience of the holl session, that thai wald be accused befoyr God that admittit sic ane ignorant to be upon this sayt. In respect of the quhilk, the Superintendent, wyth avys of the ministerie, repellis the said Mr. Dauid fra procuryng befoir thame in the Repelled, said caus or ony other in tym cuming ; and ordenis hym also to be called, accused tharfor, and to underly disciplyn of the kyrk as efferis for the offence. The quhilk daye, Besse Paterson requiris Andro Baxtar as Baxter, Pater- father to hyr barne laytle borne to present the sam to bap- ^ huyrmong " tisme ; and the said Andro, dowtyng gyf the barn be his, re- quiris the ayth of Besse in declaracion of the verite, quhidder he be father of the said barne or nocht. Besse sworne, and in his presens examinat upon syndry headis, sche deponis the barne alwayis to be gottyn wyth hyr be the said Andro, and nan other to have mayd caws wyth hyr bot he allone. In respect of the quhilk, the saidis Andro and Besse, for disciplyin of the kyrk, ar ordenit to mak publict satisfacion this nixt Satisfactione. Sunday in the essemble of the congregacion, thar barn to [be] 3 baptised efter nuyn, referryng civil punischment to be execut Committit. aganis the saidis personis, be the magistratis, as huyrmongaris. 1 Admotat in MS. 2 David Welwod was the son-in-law of John Motto, having married his daughter Janet {Abstract of the Writs of St. Andrews, No. 139). 3 Omitted. 252 REGISTER OF Die x Octobris, anno Domini etc. lxv to - Russell, Kynnmonth, Ledop. The quhilk daye, Thomas Russell and Cristen Kynnmonth accused for fornicacion committit betuix tham. Thai bayth confes carnall [day ll] 1 had betuix tham, and that efter mutuall promys of mariaige privatle mayd betuix tham alan wythowtyn knawlege or consent of thar parentis, the woman wyth child to Thomas. And Cristen also confessis (at demand of the Superintendent) that, efter hyr fyrst promys foyrsaid and car- nall dayl following tharupon betuix hyr and Thomas Russell, sche hes mayd mutuall promys of mariaige wyth Dauid Ledop, and tharefter hes gevyn hyr body to the said Dauid ; quhilk sche allegis don be hyr throw fear and thretnyng mayd to hyr be hyr father, to quhom sche schew befoyrhand hyr formar privat promys mayd wyth Thomas Russell, bot conceled the carnall dayll that followit the sayd formar promys betuix hyr and Thomas. Quhilk Wyliam Kyninmonth, father of the sayd Cristen, beand examinat upon his knawlege of the sayd formar promys reveled to hym be Cristen his dochter, confessis the sam trew as sche hes rehersit. The Superintendent ordenis the saidis Thomas Russell, Cristen Kynnmonth, and thar fatheris, to compeyr befoyr hym [on] 1 Wednisday the xxiiij of October instant ; and Dauid Ledop to be summond to compeyr the sayd day, for farder tryall to be had in this caus. And Thomas Russell for his part acceppis the confession of Cristen Kynn- month sa far as it mackis for hym, and, namely, that part quharin sche confessis mutual promys of mariaige wyth Dauid Ledop and carnall deyll following tharupon, sen the promys mayd betuix hym and the sayd Cristen ; and seing be hyr con- fession sche heis committit adultery sche hes cuttit of hyrself fra hym, and tharfor desyris the Superintendent to decern hym to have liberte to mary wyth ony other laufull parte and pro- tests tharfor. Deere turn divorcii Kyimmonth et Russell. Die xxiiij* 0 Octobris anno quo supra. The quhilk daye, as in term assignit to Dauid Ledop to be summond, and to Thomas Russell and Cristen Kyninmonth 1 Omitted. ST. ANDREWS KIRK SESSION. 253 wyth thar fatheris to compeyr, for forder tryall to be takyn anent dowbyll promys of maruaige wyth carnall dayll following tharupon, confessed be Cristen Kyninmonth, mayd the former wyth Thomas Russell, confessit the later wyth Dauid Ledop, the saidis personis comperand, the ayth of Dauid Ledop takyn be the Superintendent 1 upon thes declaracion of the verite con- cernyng his part. The sayd Dauid, dilegentle examinat, be his ayth deponis and declaris that thar wes promys of maruage laufully mayd one his part betuix hym and the sayd Cristen, wyth consent of his frendis and hyr father. At quhilk promys mackeyn, the said Cristen, beand requirit, mayd fayth sche had nether don nor sayd, in word nor deid, bot that sche mycht laufully contract mariaige wyth hym the said Dauid ; and he, tharby understandyng and belevyng the said Cristen to have beyn ane virgin, knew hyr carnaly as hys wyff. Nevertheles, sen syn, the said Cristen is knawyn (lyikas sche lies confessit wyth hyr mowth spekand) to be wyth barne to Thomas Russell, wyth quhom sche wes con- tracked be mutuall promys of mariaige ; and sua the said Dauid dissavit be hyr fait hyd and 2 concelit be hyr, unknawyn to hym, sche being ane huyr quhom he belevit to have resavit for ane madyn and virgin to his wyff'; and tharfor of the law of God he suld be mayd fre of hyr and [have] 3 liberte in the Lord to mary ony other lawfull parte. The Superintendent, wyth the avyis of the ministerie, avised wyth the holl proces and confes- sionis of parteis, findis that Cristen Kyninmonth, be gevyng of hyr body to Dauid Ledop, efter promys and carnall deyll mayd and had betuix hyr and Thomas Russell, hes committit adulterie, and tharby cuttit of hyrself fra the sayd Thomas ; and that the said Dauid is dissavit be conceling of the verite fra hym be the said Cristen, he belevyng to have resavit ane virgin to his wyf, and otherwayis knawyn be hyr and the said Thomas Russell confessionis, and be hyr person beand sa far gayn : and heirfor pronuncis and decernis the sayd Thomas Russell and Dauid Ledop, and every ane of tham, liberte to marie in the Lord and fred of the said Cristen, provydit that the saidis Thomas Russell, Dauid Ledop and Cristen Kyninmonth, this nixt 1 Superintendet in MS. 2 And and in MS. 3 Omitted. 254 REGISTER OF Sunday in the public essemble of the congregacion of the kyrk of Dininno, mak public satisfaccione and schaw signis of repent- ance, for thar offencis and sclander gevyn ; and oneto the tym the sam be deuly done na ministracione of sacramentis nor mariaige to be ministrat to the parte falyeing. This satisfac- cione wes deuly mayd and decreit obeyit. And efter obedience ReconsiUacio gevyn to thir decreit, the saydis Dauid Ledop and Cristen month? tKynn Kyninmonth war reconsiled. Dauid remittit Cristen and re- savit hyr in favor and solemnizat the band of mariaige vvyth hyr, requirand and obtenand the consent of the kyrk tharto. Die ocxvllj mensis Novembris, anno Domini 1565. Lawson, The quhilk daye, Jhone Lawson, baxtar, and Bege Powerd catoris com- delated, callit, and the man accused of fornicacion committit mittu. wyth Bege manifestit be procreacion of ane child, the woman accused of hurdom and huyrmongyn, that sche of befoir wes delatit and convict as ane fornicator ix wyth Dauid Layng, and now wyth Ihon Lawson. Thai bayth confes thar offensis foyr- saydis, and ar committit to the magistratis to [be] 1 punist civile according to the law, quhilk being put in execucion thar barne to be baptised. Die qainto Decemhis, anno Domini quo supra. S5wp° n 'f . The quhilk daye, Wyliam Watson, cordinar, and Bege catons com- Coupar delated, callit and accused 2 for fornicacion committit betuix tham. Thai confes. The woman allegis promys mutual of mariaige betuix tham. Wyliam denyis the sam, referrit to his ayth and he sworne, purgis hym, and is absolvit. Bayth the parteis committit to the magistratis, to be punist civile according to the law for thar fornicacion foyrsayd. Die oclj mensis Decemb?is, anno Domini etc. lxv t0 - Adulter ( l un ^^ daye, Mathow Dwplyn, cordinar, inhabitant in Angus fornica- Sanctandrois, efter mutuall promys of mariaug mayd betuix tris. 1 Omitted. 2 Accised in MS. ST. ANDREWS KIRK SESSION. 255 hym and Eleyn Smyth and camall day 11 follouing tharupon, is delated for gevyng his body as ane adulterar to Gressell Angus. The saidis Mathow and Gressell callit, singularle examinat, and at the lenth confrontit, finale, be thar 1 athis thai singularlie, and ilk ane also in presens of other, confessis carnall dayll betuix thaim, befoyr Wytsundey in the lxiij year, in the hows of Dauid Bell, lang efter the departing of Eleyn Smyth fra the cumpany of Mathow. In respect of the quhilk, the sayd Mathow, as ane adulterar, and Gressell, as ane j'ornieatrix, ar committit to the magistratis of this cite, to be punist civile according to the municipall lawis of this realm. And the sayd Eleyn Smyth at hyr desyr decernit fred of hyr Smyth divorciat promys fra the said Mathow, and liberte to marye in the Lord fra Dwplyn * wyth ony lawfull parte. Die xix Decembris anno quo supra. The quhilk daye, Walter Flemyng and Margret Layng, Petido Layng beand summond be the Superintendentis letteres for discussing Flemyng. of impediment proponit be Margret to stop the mariaige of the said Walter, comperis. Margret allegis mutuall promys of mariaug mayd betuix hyr and Walter befoir wytnes in the kyrk of Monymayll, at the baptising of ane barne gottyn betuix tham abowt sex yearis syn. Quhilk denyed be Walter, the Superintendent statutis to Margret Wednisdaye, the xvj of Januar nixt to cum, to preve the said promys. And Walter allegis that the barne last borne be Margret fatherit upon hym, the said Margret, wyth hyr awyn tung spekand, confessit the sayd last barne to be the barne of George Clapan, vicar of Keremuyr, quhom sche requirit divers tymmis to caus the sam to be baptised as his barne : quhilk Margret denyed. The Superintendent admittis the sam to probacion of Walter, and foyrsaid xvj daye of Januar assignit to Walter to prev his allegacion. Parteis heirto summond be this act. Gar in MS. 256 REGISTER OF Die xvj Januarii anno quo supra. [Layng, The quhilk daye, as in term assignit to Margret Layng to Flemyng.] p rey mu t ua ll promys of mariaig betuix hyr and Walter Flemyng, and to Walter to prev the fathering of the last barne borne be Margret upon George Clapan be hyr awyn tung spekand, the parteis called, comperis Walter [and,] 1 in payn of nocht comperance of Margret, producis ane certificacion sub- serivit be Peter Ramsay, minister, contenyng [in] 1 effect that Margret is content to discherg Walter of the promys foyrsayd. Quhilk, being considerit and sentence tharof, is understand to mak the caus dubius, and tharfor the Superintendent ordenis ane summondis to summond bayth the parteis to certain daye, the woman ether to prev the promys allegit be hyr or ellis to underly disciplyn for stop mayd of the bannis of mariaige of Walter, and inhibicion to both the parteis that nan of thaim procead in mariaig wyth ony other parte, quhill discussing of the premissis. Die xx Februaru anno Domini m°v c lxv tc - ^hmynga Um ^ ne °i un i^ daye, Margret Layng provyn lawfully summond clameo Layng. be the Superintendents letteres, deuly execut and indorsat, at the instance of Walter Flemyng, this daye to compeirr befoyr the Superintendent and ministerie of Sanctandrois to prev the impediment proponit be hyr for stop of mariaige of the said Walter, and sche nocht comperand, Walter circumducis the term, protestis sche be na forder hard, and he to be absolvit fra hyr clam and [have] 1 liberte to procead to solemnizacion of his mariaige. The Superintendent for try all of the verite caused the ayth of Walter to be takyn, quhai, be his ayth examinat, deponis that he never at ony tym maid promys to marve the said Margret, nether prevely nor oppynlie ; nor lies mayd ony promys to Margret of ony bud 2 or gayr, 3 nor gevyn ony to hyr, to ceas fra persut of mariaige or discherge hym of promys ; and that he hes nocht mayd caws wyth hyr in procreacion of this last barne be Margret borne. In respect of the quhilk, 1 Omitted. 2 Bribe. 3 Gear. ST. ANDREWS KIRK SESSION. 257 the Superintendent ordenis the bannis of Walter to be pro- clamit wythowtyn prejudice of the accion of Margret, providit that Walter fyrst mak satisfaccion in the kyrk for fornicacione confessit be hym, committit wyth Margret sen 1 procreacion and byrth of the fyrst barne born to hym be Margret. Die nono mensls Januarii anno Domini m°v c lxv t0 - The quhilk daye, in presens of the Superintendent and his Protestatio bctlllVOVUDZ collegis, commissaris deput be the Generall Kyrk, and ministerie burgi de Crayii. of Sanctandrois, comperis Jhon Reid, allegit bailie of the burgh of Cray 11, and Mr. Alexander Mortoun, allegit clark of the said burgh, for tham selfis and in name of the kyrk of Crayll, and protestis quhat the said Superintendent and his collegis and assessoris dois, in the accion betuix Robert Arnot and Effe Crostrophyn 2 anent the clame of mariaige persewit be Effe, prejuge nocht thame in thar previlege nor kyrk, and siclyik thar minister, in that accione ; and forder allegis bayth the contrackyng of mariaige and divorciment is provydit, be the King and Quenis Maieste and Secreit Consall, to be discussit and tryed befoir the commissaris of Edinburgh, deput tharto, and tharfor the Superintendent nor his collegis, commissaris, awcht nocht nor suld nocht sit nor proceid in this accion, nether concernyng the minister nor parteis. The quhilk daye, Robert Arnot induellar in Crayll summond Kaye contra Arnot. Se in MS. 2 In the General Assembly, on the 27th of December 1565, * Anent the com- plaint givin in be the Superintendent of Fyfe agains John Melvill, minister of Craill, alledging the said John to preceid to the solemnizatioun of mariage betuixt Robert Arnot and Euphame Corstarphin, notwithstanding that ane uther woman claims the said Robert ; the haill kirk assemblit ordainit ane inhi- bitioun to passe agains the said Johne, that he in no wayes solemnize the said mariage untill sick tyme as Mr. John Dowglas, Rector of the Universitie, and Mr. James Wilkie regent, heare the complaints to be givin in be the said Superintendent, and alse any uther partie haveand entresse, and the same to be discussit be them ; giveand power to them to give foorth sentence according to Gods Word, and to use the censures of the kirk agains the dissobeyars ' {Booke of the Universall Kirk, Ban. Club, i. 73). Calderwood, after giving the sub- stance of the above, exclaims : — ' Heere yee may see, the Superintendent's complaints were tried by others than superintendents ' {History of the Kirk of Scotland, ii. 303). It 258 REGISTER OF [Tenor of the decreit absol- vator by the ministerie of Crayll in favor of Arnot.] Statut of the ministerie of Crayll. be the Superintendentis letteres, at the instance of Eufam Kaye, 1 to ansuer anent the clame of mariaige to be persewit be the said Eufame, and bayth the saidis parteis comperand, Robert allegis the said accione and clame alredy discussit befoir the ministerie of Crayll, and decreit absolvator gevyn in favor of hym, and for verificacion tharof producis ane decreit in forme, under the sail of office, subscrivit be the minister Ihon Malwyll, Jhon Reid, Wiliam Bowsye, Dauid Bane, bailies of Crayll, M. Alexander Mortoun, scrib and notar, in nam of the rest of eldaris of Crayll, of the quhilk the tenor followis : — Decimo octavo mensis Decembris anno Doviini 1565. The quhilk day, Robert Arnot and Eufame Crostrophyn law- fully summond and warnit to compeir this day befoir the minister, eldaris and diaconis of the burgh of Crayll, anent the allegacion of ane promys of mariaig to be mayd betuix the said Robert and Effe, as the summondis usit tharupon at mayr lenth proportis, the saides Robert and Eufame comperand per- sonaly be tham selfis, the said Robert expreslie denyed that ever he mayd ony promys to marie the said Effe, and mayd his ayth of fidelite tharupon ; the said EfFe allegiand his promys of mariaig be word alanerly ; nether promys provyn befoir minister, eldaris, diaconis of Crayll, nor yit befoir ony other wytnes. And the said Robert producit ane act, of dayt the xix of Marcii, the year of God m°v c lxiij yearis, mayd be the minister, eldaris, diaconis of the burgh of Crayll, quhilk tenor of the act followis : — Becaws the holy band of mariaige is sa ordenit of Almychty God, excluding the wyckit in thar wyckitnes, and that becaws thai have nocht the in wart wyrkyng of the Holv Ghost, the wyckit huyrmaster dissembling, and the harlot mor prone and redy to syn than becummeth the reverent auditor to heir ; heirfor we, the bailies, minister, eldaris and diaconis, expell, nichillat and mak of na avayll the promys of the fylthy huyrmaster and harlot quhar wycketnes is voluntaryelye com- mittit of both the parteis, except laufull wytnes be producit of 1 Twice called Crostrop]iyn and twice Kaye, evidently by mistake. Corstar- phin or Crostrophyn, it clearly appears, was the name of the woman Arnot wished to marry ; while Kaye was the ' uther woman ' who claimed him. The session-clerk probably confounded them through both bearing the same Christian name. ST. ANDREWS KIRK SESSION. 259 the sammyn befoir the kyrk, quhois jugimentis tweching dis- ciplin the wyckit sail abyd. — And in respect of the said Robertis ayth and confession, and act foyrsaid, and of the dayly ordor and consuetud of this sayt, and the said Effe nocht produsand nor allegiand ony wytnes in the said caus bot hyr awyn allegi- ance be word onlye, tharfor, and for causis foyrsaidis, the saidis bailies, minister, eldaris and diaconis, that is to say, Ihon Maleyn, minister, Wiliam Bowsy, Edward Bane, Ihon Reid, bailies, Dauid Kay, Wyliam Annand, Jhon Crostrophyn, efter, Ihon Dyngwall, Andro Bycartoun, Thomas Dauidson, Thomas Crostrophyn, Thomas Martyn, George Lyell, Patrik Gedde, hes ordenit and decernit, and be thir present ordenis and decernis, the said Robert Arnot to be fre of the said Effe and to marye ony other at his awyn plesur ; and in lyik maner ordenis the said Effe to be fre of the said Robert and to marie ony other that plesis hyr at hyr plesur ; and ordenis and decernis all allegit promys bygayne to be of nane effect force nor avayll, and that for the caus above wryttyn ; and in tym to cum na impediment to be mayd betuix the saidis personis or parteis, in ony bannis or proclamacionis 1 used be ony of tham for solemnesing of the band of mariaige, quhom it sail happyn ether of the parteis, that is to saye, nother sail sche gayn call hym nor he gayn call hyr ; and this to be extendit in mayr ample forme, and to be extract under our sayll of office wyth our subscripsionis. Followis the tenor of subscripsionis, per me Joannem Malwitt, concionatorem verbi Dei in Crayll, Jhon Reid, bailie, wyth my hand, Wiliam Bowsy, wyth my hand, Eduard Bane, wyth my hand, M. Alexander Morton, wyth my hand, for the hayll eldaris and diaconis abone wryttyn, at thar com- mand. 2 Extract and drawyn furth of the buk of the eldaris be me, dark of Crayll, of the eldaris sayt, and notar public, requirit tharto, [M. Alexander] 3 Morton. The Superintendent, efter sycht of the sayd decret 4 red in presens of the sayd Effe Kaye, schawis to hyr that, the said decreit standing in strenth unreducit, he can nocht procead 1 Exclamacionis in MS. 2 From this it may be inferred that while the minister and three bailies could sign their names, none of the ten elders and deacons could do so. 3 Omitted. 4 Decret decret in MS. 260 REGISTER OF forder in hyr caws, reservyng liberte to the said Effe to apprev the said decreit or to perseu for reduccion tharof, as sche and hyr frendis sail think gud. Upon the quhilk Robert Arnot requiris act. Die xjc'rij Januarii anno etc. lxv t0 - fornicator^ StC ' ( l un ^^ ^aye, Henry Layng and Mariory Cristy delated, committit. ' callit and accused for fornicacion betuix thaim committit, com- perand and confessand, thai ar committit to the magistratis of this cite as inhabitants tharof, to be punist civile according to the law. Die penultimo mensis Januarii anno Domini etc. locv to - [Mr. ihon The quhilk daye, M. Ihon Dalgles 1 and Jonat Wemys, ^nat^w^mys Lady of Claslogy, inhabitants of the cite of Sanctandrois, summond bot k ean d lawfully summond to this daye and sessione be letteres compeir nocht.J ... . of the ministerie, deuly execut and indorsat be Alexander Rowch ane of the diaconis, to ansuer anent the delacione gevyn in upon tham, of occasion of sclander gevyn be tham be com- mitting of hurdome, manifestit be procreacion of ane child betuix tham laytle wythowtyn ony solemnizacion of thar mariaige, and of nocht presenting of thar said child to bap- tisme, quharby thai ar reput contempnaris of the sacrament of baptisme ; and thai, and ilk ane of tham, to resave and underly disciplyn of the kyrk for the premissis, or ellis deuly to purge tham of the foyrsaidis offences, quharby the said sclander may be repressed and avoydit ; wyth certificacione to thame gyf thai compeir nocht, the said daye and place, to the fulfilling of the premissis, the ministerie wald proceid wyth detfull ordor be public monicionis to the finall executing of the sentence of excommunicacion agans tham, for thar offencis and contempt of the voce of the kyrk, wyth incalling of the assistance of civil magistratis and autorite temporall ; as at lenth is contenit in the sayd letteres under sayl of the said ministerie, datit at Sanctandrois the xxv of Januar, anno &c. lxv, reproducit, lau- 1 Mr. Johne Dalglesche was one of those who joined the congregation by approving the ' Generall Band ' of the 13th of July 1559 (su/>ra, p. 9). ST. ANDREWS KIRK SESSION. 261 fully execut 1 and indorsat be the sayd Alexander, and copeis tharof deliverit to the saidis personis respective ; the saidis Mr. Ihon and Jonat ofttymmis callit, laufull tym byddyn, and nocht comperand, the ministerie, in pane of thai* nocht com- perance and contempt of the voce of the kyrk, ordenis letteres of monicione aganis thame to be put in deu forme, and to be deuly execut in the public essemble of the congregacione upon Sunday, the x of Febriar nixt to cum, except thai compeir and obey in myd tym, be purgacion of thar selfis or resavyng and underlying of disciplyn. Die sexto Februarii anno Domini m°v c ljcv t0 ' The quhilk daye, comperis Mr. Ihon Dalgles and proponis [Mr. Ihon certan excepcionis, dilatoris in his maner, and thareftir pro- ^fand pro- ducis the sam wyth otheris in wryt : quhilkis beand resavit be ducis cer tan j.i • • i t excepcionis the ministerie to be red m thar audience and be tham to be quhilkis ar considert, and cherge gevyn to the said M. Ihon to remane repelllt ^ and resave ansuer, he departit, disobeying the said charge. The ministerie, efter sycht of the saidis excepcionis and in- obedience of the said M. Ihone, quhai nether be word nor wryt mayd purgacion nor submittit hym to disciplyn, ordenis the monicionis to procead aganis hym and Jonat Wemys this nixt Sunday, according to thar deliverance Widnisday last wes, nocht wyth standing the excepcionis producit, quhilkis ar repellit as thai ar notit. Die ociij Februarii anno Domini etc. lxv t0 - The quhilk daye, George Blak, readar of the parrochie kyrk of the cite of Sanctandrois, producit ane lettre of monicione under sayll of the ministerie of [Sanctandrois], 2 deuly execut and indorsat be hym, of the quhilk the tenor followis : — Minister, eldaris and diaconis of Cristis kyrk and congrega- [Tenor of the cione of the cite and pareson of Sanctandrois, to the redar of JjJJJJ li™™' the said kyrk, Grace, mercye and peace throw Jesus Crist, wyth ^° n j^ t " perpetuall incres of the Haly Spirit. Forsamekill as M. Wemys.] 1 Execeit in MS. 2 Omitted. REGISTER OF Ihon Dalgles and Jonat Wemys, Lady of Claslogy — inhabitantis of the said cite and membris of the said congregacion, sa reput and haldyn, being delated to us for hurdom committit be tham, manifestit be procreaeion of ane child betuix tham furth of the band of matrimonye, na solemnizacion preceding ; and for nocht presenting of thar child to baptisme, quharby thai ar reput and haldyn contempnaris of the sacrament; tharthrow gevand occasion of offence and sclander to the holl congregacion — war lawfully summond, personaly apprehendit be our patent letteres and copeis of the same deliverit to tham, to have comperit befoir us, in owr olklie essemble of the kyrk haldyn the penult day of Januar last wes ; to have resavit disciplin of the kyrk for thar foyrsaid offence or ellis to have purged tham deuly tharof, quharby the said sclander mycht have beyn repressed and avoydit ; wyth certificacion to tham gyf thai comperit nocht to fulfill the premissis, we wald proceid wyth detfull ordor be public monicionis to the finall sentence of excommunicacion aganis tham for contempt of the voce of the kyrk. And becaws thai comperit nocht the said daye, we decernit public monicionis to be put in forme and to be execut in the essemble of the congregacion upon Sunday, the x of Febriar instant, gyf thai comperit nocht in myd tym to obey and fulfill the desyr of the said summondis. And albeid the said M. Ihon comperit befoir us this last Wednisday, the sext of Februar instant, he nether wald acknawlege his fait and resave disciplyn, nor yit mak lawfull purgacione, bot con- tenewit in his contempt of the voce of the kyrk. Heirfor we requir you, in the name of the eternall God, that ye lawfullye in the public essemble of the kyrk summond the saidis Mr. Ihon Dalgles and Jonat Wemys to compeir befoir us, in the parroche kyrk of the cite of Sanctandrois and consall hows tharof, upon Widnisday the xiij day of Februar instant, at efter nuyn in the hour of caus ; to resave and underly disciplyn of the kyrk for thar demeritis foyrsaidis, or ellis deuly to purge tham as accordis of the sam ; wyth certificacion to tham gyf thai compeir nocht, or comperand refusis disciplyn and purgacion of tham selfis, we wyll procead wyth detfull ordor to the finall execucion of excommunicacion aganis tham, as to the gretest and last punischiment belangand to the spirituall ministere ; ST. ANDREWS KIRK SESSION. 263 and tharefter invocat the assistance of the civil power and autorite temporall. The quhilk to do we commit to you power in the Lord be thir presentis, delivering the sam be yow deuly execut and indorsat agane to the berrer. Gevyn under the seyll of the said ministerie, at Sanctandrois, the vij of Februarii, the year of owr redempcion 1565. Followis the tenor of indorsacion. Sunday, the x of Februar instant, I, George Blak, reader wythin wryttyn, execut thir presents in the public essemble of the said congregacion the tym of the sermon, conforme to the tenor heirof, the holl congregacione beand wytnes. George Blak red[er.] The foyrsaidis M. Ihon and Jonat oft tymmis callit and [Letteres in the nocht comperand, lawfull tym byddyn, the ministerie ordenis monTtion* to be letteres in the secund form of monicion to be put in forme and execut aganis f _ tham.] execut 1 this nixt Sunday following, and the saidis M. Jhon and Jonat to be summon d to compeyr the nixt Wednisday as of befoir. Die xx mends Februarii anno Domini etc. lxv t0 - The quhilk daye, M. Jhon Dalgles and Jonat Wemys, Lady [M. ihon Dai- of Claslogy, beand monest for the secund monicion, and sum- we^ny^com-* mond in the public essemble of the congregacion be patent P e y r d letteres, under seyll of the ministerie, reproducit deuly execut and indorsat be George Blak, readar of this kyrk, to compeir in this session of the ministerie, and thar ether to purge tham selfis deuly as efferis, or ellis acknawlege thar offences and resave disciplyn for occasion of offence and sclander gevyn be tham to thes congregacione be thar hurdom committit, manefestit be procreacion of ane child betuix tham furth of the band of matrimony, and nocht presenting of thar said child to baptisme, tharby haldyn contempnaris of the sacrament of baptisme : quhilkis Mr. Ihon and Jonat callit and comperand, thai desyr that word hurdom contenit in the saidis letteres to be interpret to tham, quhat kynd of hurdom is tharby menit and signifyied. For satisfying of the said desyr, the ministerie declaris to tham that be that word hurdom is signifved and to be understand Exec it in MS. 264 REGISTER OF fylthye lechery, committit wyth contenuance, and perseveryng in the said filthy vice to the gret sclander of this congregacion. [Contenuacion Efter quhilk interpretacion, at desyr of the saidis M. Ihon and grandt!] y Jonat, contenuacion and delay is grantit to tham, quhill Wednisdaye nixt to cum, to gyf thar ansuer quhidder thai wyll purge or acknawlege. The saydis M. Ihon and Jonat summond and monist be this act to compeyr the sayd Wednisdaye, wyth certificacion as of befoir. Die ocxvij Februarii anno Domini etc. lxv t0 - [The thrid The quhilk daye, as in term assignit be contenuacion to M. M° rnoTDai™ 5 Ihon Dalgles and Jonat Wemys to ansuer to the delacion, and Wemysto^e 31 e ther be acknawlegyng of thar offensis, resavyng of disciplin e " 6 of A° n "ii h ] tharefor, or e ^ ns to purge tham deuly as efferis; thai oft tymmis callit and nocht comperand, lawfull tym of court byddyn, the ministerie, in pane of thar nocht comperance, decernis and ordenis the thrid monicion to be put in forme and execut in the public esseinble this nixt Sundaye as efferis ; quhilk be request of the Lard Craghall, under hop of obedience, wes con- teneuit quhill the vij of Aprill. Die x mensis Aprilis anno Domini m°v c lxvj t0 - The quhilk daye, George Blak, readar, producit ane lettrei of monicion of the ministerie of Sanctandrois under sayll of the said ministerie, be hym execut and indorsat deuly, of the quhilk the tenor followis : — [Tenor of the Ministeris, eldaris and diaconis of Cristis kyrk and congre- cion.] gacion of the citie and pareson of Sanctandrois, to the redar of the said kyrk, Grace mercye and peace throw Jesus Crist, wyth perpetuall incres of the Holy Spirit. Forsamekyll as M. Ihon Dalgles and Jonat Wemys, Lady of Claslogy, inhabi- tantis and membris of the said citie and congregacion, sa haldyn and reput hytherto, war laufully summoind, personaly appre- hendit be our patent letteres, to compeir befoir us at certan day and place assignit to thame ; to ansuer to delacion gevyn in to us upon tham, anent the fylthy hurdom wyth unscham- full perseverance committit betuix tham, manifestit be pro- ST. ANDREWS KIRK SESSION. 265 creacion of ane child, and contempt of the sacrament of baptisme now be the space of ane half year and may in nocht presenting of thar said child to baptisme, and occasion of offence and sclander tharby gevyn to this hoi congregacion ; and tharof to purge tham deuly as efFeris, or ellis to acknaw- lege thar saidis offences and resave and underly disciplyn of the kvrk tharfor, that tharby the sclander foyrsayd mycht be repressed and avoydit ; wyth certificacione to tham as efFerit : and becaus thai comperit nocht the said day, bot contumacetly absentit tham and contempnit the voce of the kyrk, we caused owr otheris letteres of monicionis in the fyrst and secund formis be execut in the public essembleis of our congregacion twa severall sundayes, quharby the saidis M. Ihon and Jonat war monist and summond to compeir befoir us at certan dayes and placis to the effect foyrsaid, and to resav and underly dis- ciplyn of the kyrk for thar foyrsaidis ofFensis and contemptis, wyth certificacion as efFerit ; quhai nevertheles temerariowslye persistis in thar contempt of the voce of the kyrk : heirfor we requir vow, in the nam of the eternall God, that ye now as of befoir, in this our last and thrid monicion, lawfully, in the public essemble of the congregacion, moneis and summond the saidis M. Ihon Dalgles and Jonat Wemys to compeir befoir us in our olklie essemble of the kyrk, wythin the foyrsaid parroche kyrk of Sanctandrois and consall hows tharof, upon Wednisday, the ten daye of April instant, efter nuyn in the hour of caus ; to resav disciplyn for thar foyrsaidis offences and contemptis, or ellis deuly to purge tham in sic sort as tharby the foyrsaid offence and sclander may be repressed and avoydit ; wyth certificacion to tham, gyf thai falye and contempnis to heir the voce of the kyrk, wythowtyn forder delay we wyll proceid to the finall execucion of the sentence of excommunicacion aganis tham, as to the gretest and last punischment belangand to the spirituall ministerie, and tharupon invocat the essistance of the autorite temporall. The quhilk to do we commit to you power in the Lord be thir presentis, delivering the sam be yow deuly execut and indorsat agane to the berrer. Gevvn under the sayll of the said ministerie at Sanctandrois, upon the thrid day of April, the year of our redempcion m°v c lxvj yearis. And followis indorsacion : Upon Sunday, the 7 of April, I, 266 REGISTER OF [M. John Dalgles and Jonat Wemys nocht cora- perand thar contempt to be pnblist in the congregacion, &c] George Blak, readar wythin wryttyn, execut thir presentis in the public essemble of the congregacion, in tym befoir the sermon, the holi congregacion beand wytnes. Ge. Blak redar. Tlie foyrsaidis M. Ilion and Jonat oft tymmis callit, lawfull tym byddyn, thai nocht comperand, the minis terie, in pane of thar nocht comperance and for thar contempt of the voce of the kyrk, ordenis and decernis publicacion of the sam to be mayd in the congregacione essemblit this nixt Sundaye be the minister ; and prayeris to be mayd for the saidis personis for thar amendiment, befoyr the horribyll sentence of excommuni- cacion be fulminat and execut aganis tham ; and to grant to thame viij dayes of mercy, wylling and desyring thar frendis in myd tym to labor and travell wyth tham for thar amendiment to repentance and obedience. And also to signify and gev place to ony person or personis, offendit wyth thir procedingis, to compeir this nixt Wednisday, the xvij of Aprill, in the olklye session of the ministerie, and gev in be wryt or word the caus and resson of thar offence to be discussed ; wyth certifi- cacion, gyf nane comperis that daye thar silence to be had for plan consent of the holl congregacion to the execucion of the sentence of excommunicacion aganis the saidis M. Ihon and Jonat. [M. Ihon Dalgles and Jonat Wemys to be excom- municat on the v of Maii.] Die a vij mensis Apr'dis anno Domini m n v c lxvj i0 - The quhilk daye, the ministerie, being convenit in thar olkle essemble, understanding the ordor prescrivit Wednisday last wes to the minister to use this last Sundaye bypast in the essemble of the congregacion, anent thar procedingis be moni- cionis aganis M. Ihon Dalgles and Jonat Wemys, for thar con- tempt of the voce of the kyrk, in nocht compering to purge tham nor acknawlege thar offence and underly disciplyn, for 1 the occasion of sclander and offence be thaim gevyn be filthy hurdom 2 wyth contenuance tharintill, &c. ; and of execucion of excommunicacion be thaim merit tharfor ; and public prayeris to be mayd for thaim and thar amendiment to repentance and obedience ; and grantyng to tham viij dayes of mercy, wylling and requiring thar frendes to travell wyth thaim in myd tym 1 Fra in MS. - Hurdoti in MS. ST. ANDREWS KIRK SESSION. 267 for amendiment ; and to signify and geve place to ony persone or personis offendit wyth thar procedingis to compeyr this daye, to gev in be wryt or word thar resson and caus to be discussit, wyth certificacion as efferit gyf nain comperit this daye that thar silence wald be had for plan consent of the holl congre- gacion to execucion of the sentence of excommunicacion aganis the saydis M. Ihone and Jonat : quhilkis premissis, knawyn to have beyn detfully usit be the minister, thai causit to call gyf ony wald compeyr to gyf in, ether in wryt or be word, ony caus or resson to stop the execucion of the said sentence, lau- full tym byddyn, nan comperant, the ministerie ordenis the sentence of excommunicacione to be put in wryt and forme, according to the proces deducit and doctrin of Sanct Paul to the Corrinthianis ; and the ministeris thir twa nixt Sundayis to caus public prayeris to be mayd for thaim and thar repentance ; and, gyf thai persist wythowtyn signis of repentance, the sentence to be execut upon Sunday the v day of Maii nixt to cum. Heir followis the defensis for the part of M. Ihon Dalgles and Jonat Wemys, Ledy of Carslogy, yongar, aganis the pretendit byll persewit be the allegit ministeris, eldaris, diaconis of the citie of Sanctandrois aganis tham, anent the delacion gevyn in upon tham of sclander of allegit hurdom com mitt it be tham, as at mayr lenth is contenit in the pretendit byll ; in respect of the [quhilk, the] 1 saidis M. Ihon and Jonat awcht nocht to enter in pley befoir [tham] 1 in this caus as jugis incompetent to tham, bot suld be remittit to thar awyn jugis competent, for the causis and ressonis following, &c. In the fyrst, the saidis M. Ihon and Jonat alleo-is that rthe] 1 [Defensis of M. . . . . . . . ^ . Ihon Dalgles allegit minister, eldaris and diaconis of this citie, ar na juge and Jonat competent to cognosce in the said accione of delacion, becaus althai ar noth?] thai ar mer layik and ignorant personis for the maist pairt, havand na commissione or power gevyn to thaim be our 1 Omitted. 268 REGISTER OF Soweranis Lord and Lady or thar Session, nor ony other ordinar juge havand power to gyf the sammyn ; bot gyf ony power thai have, the sammyn is ane usurpit power and autorite tane at thar awyne handis, makand dirogacion to other ordinarie jurisdiccione, in hie contempt of the King and Quenis Maiesteis autorite, and 1 expres aganis thar ordinancis and inhibicionis laytle mayd, statut, and publist, be oppyn proclamacion, at the marcat croces of all burrowis and citeis wythin the reallm : That nan thar liegis nor subjectis suld tak upon hand or usurp ony jurisdiccion of thais causis, quhilk wes wont to be tretit, cognoscit and decidit befoir be the spirituall jugis. 2 Lyikas this pretendit caus and utheris siclyik 1 And and in MS. 2 This proclamation must have been made after the Queen's marriage to Darnley, 29th July 1565, and before Dalgles presented his defences on the 6th of February 1565-6. In all probability it was the same proclamation that was referred to by the bailie and clerk of Crail {supra, p. 257). When on the 24th of August 1560, Parliament abolished the Pope's jurisdiction, and declared 'that na bischop nor uther prelat of this realm use ony jurisdictioun in tymes to cum be the said Bischop of Romeis autorite' {Acts of Parliament, ii. 534, 535), 'the jurisdiction of the Church in consistorial matters,' as Riddell states, 'returned to the Crown ' ; and ' the necessary consequence was their remaining for a time in an untoward predicament, subject to no statutory or express defined jurisdic- tion' {Peerage and Consistorial Law, 1842, i. 426, 427). But Joseph Robertson has shown that, although 'the consistorial courts of the old church were shut,' yet 'in rare and exceptional instances, trial of consistorial causes was still taken, and sentence given, under authority of the ancient hierarchy' {Concili.i Scotiae, vol. i. p. clxxiv. n. 1). Besides the examples given by Robertson of the exercise of this old authority by the Archbishop of St. Andrews, at least one other may be added. On the 9th of November 1556, he granted a dispensation for the marriage of John Macmoran and Elizabeth Quhitefurd, both of the diocese of Glasgow (Original in the Moredun Collection). Immediately after the Refor- mation — and, as this Register shows, for several months before the 24th of August 1560, in St. Andrews at least — the kirk sessions took over part of the consistorial work, especially that relating to matrimonial causes. Indeed, on the 4th of July 1562, the General Assembly resolved ' to make supplicatioun to the Secreit Counsell, that either they give up universallie the judgement of divorce to the Kirk and their sessiouns, or els to establish men of good lyves, knowledge and judgment, to take the ordor thereof {Booke of the Universall Kirk, i. 19). Perhaps it was in tardy response to this desire that in December 1563 the Queen and Privy Council, ' undirstanding that the caussis quhilkis the prelattis of this realm had decidit in the consistoriis of befoir, be lang delay of justice, ar frustrat, . . . thocht gude that jurisdictionis be erectit in sindrie partis of this realme for discussing of the saidis caussis, and that commissaris be appointit to gif attendence thairon ' {Register of Privy Council, i. 252). The ST. ANDREWS KIRK SESSION. 269 war wont, in all tym bypast, to be treatit and decidit befoir tham, as ordinarie jugis, tharto havand sufficient power, bayth of the spirituall and civil magistrat to that effect and be tham apprevit, be the lawis of this realm and actis of Parliament maid tharupon, standand as yit unrevocat, reducit, or tane royal charter, however, constituting the commissaries of Edinburgh, was not granted until next February (Balfour's Practicks, 1754, pp. 670-672). The Queen's attempt, by a writ under her sign-manual, on the 23d of December 1566, to restore Archbishop Hamilton to his former jurisdiction, and the consequent discharging of the commissaries c of thair offices forder in that pairt,' proved abortive ; ' and the only use which he is known to have made of his recovered power was to carry through, with scandalous haste, the scandalous divorce which removed the last obstacle to Mary's marriage with Both well' {Concilia Scotiae, vol. i. pp. clxxviii.- clxxx). On the 31st of December 1562, the General Assembly had ordained, ' that no minister, nor others bearing office within the Kirk, take in hand to cognosce and decide in the actiouns of divorcement, except the superintendents, and they to whom they sail give speciall commissioun, and betwixt speciall per- sons ; ' on the 27th of December 1566, in resolving to oppose Hamilton's restoration, the Assembly declared that the ' causes for the maist pairt judgeit be his usurpit authoritie pertaines to the true kirk,' then glancing back to the appointment of the commissaries, they add that it was 'for hope of good things the Kirk oversaw the Queens Majesties comissioun givin therintill to sick men, who for the most part was our brethren ;' and on the 6th of March 1 570-1, the Assembly included among their articles ' to be proponit to the Regents Grace and Secreit Counsell,' the following, ' Because the conjunctioun of marriages pertaines to the ministrie, the causes of adherents and divorcements aught also to pertaine to them, as naturallie annexit therto' {Booke of the Universall Kirk, i. 30, 88, 187). On the 16th of the following June, the Commissary Court 'reduced a decree of solemnization of marriage . . . pronounced by Mr. John Wynrame, Superintendent of Fife, the previous 8th of February, at the instance of Barbara Johnstone against Henry Moreis, "becaus" it was given by him " wranguslie, he nawayis being judge to cognosce, or decree therintill on ony sik actione,'" in respect that, many years before, the commissaries had been appointed to cognosce in all such causes, and had ever since done so as the only competent judges (Riddell's Peerage and Consisiorial Law, i. 431, 432). In the Second Book of Discipline, which was presented to the King in 1578 and engrossed in the records of the Assembly in 1581, complaint is lodged against ' the mingled jurisdictioun of the commissaris, in sa far as they mell with ecclesiastical materis, and have no commissioun of the Kirk therto, bot war erectit in tyme of our Soveranes moder, quhen thingis wer out of ordour' {Booke of the Universall Kirk, ii. 507). The special grievance mentioned then was that the commissaries should judge ministers, ' and depose thame fra thair rowmes'; but the other matters of dispute still rankled, for Riddell refers to a decision of the Presbytery of Edinburgh, which was reversed by the commissaries on the 24th of February 1 58 1 -2. Parliament ratified the commissariat of Edinburgh in 1592, but on the establishment of Episcopacy restored it to the bishops and archbishops in 1609 {Acts of Parliament, iii. 574; iv. 430). 270 REGISTER OF away be ony contrar s tat at or law, be ony havand power to do the sammyn. And sua the saidis pretendit minister, eldaris and diaconis of this citie, being bot certan pry vay and ignorant personis for the maist part, ar na way is jugis competent to cognosce in this caus, havand na power tharto, as said is, bot onlye usurpit in hie contempt of the King and Quenis Maiesteis autorite and utheris mennis jurisdiccione, mittentes falcem in messem alienam. And tharfor the saidis M. Ihon and Jonat awcht and suld be remittit to thar jugis ordinar and compe- tent in this caus, vidz., the commissaris of Edinburgh, quhai ar speciall deput to that effect, as said is : protesting, gyf ye, allegit minister eldaris and diaconis, procedis f order heirintill, for nullite of your procedingis ; and that ye incur crym of leis- majeste, for the usurpyn of your pretendit autorite wythowtyn ony power or commission gevyn or grantit to yow be thaim to that effect ; and for thar Graces accion aganis yow for usurpyn of the sam. This fyrst excepcion be the ministerie is repellit, in respect of the generall proclamacion of owr Soweran, 1 set furth in approbacione of owr relegion fundyn at hyr Gracis arryvall to stand, the sam standing undischargit ; and that disciplin is ane part of owr relegion, and we in possession tharof at our Soweranis arryvall, to quhom we ar obedient subjectis and na usurparis of autorete. 1 On the 25th of August 1561, 'Hir Majestie ordanis lettres to be direct to charge all and sindrie, liegis, be oppin proclamatioun at the mercat croce of Edinburgh, and utheris places neidfull, that they, and every ane of thame, contene thame selffis in quietnes, keip peax and civile societie amangis thame selms ; and in the meyntyme, quhill the States of hir realme may be assemblit, and that hir Majestie have takin a finall ordour be thair avise and publict con-; sent, — quhilk hir Majestie hopis salbe to the contentment of the haill, — that nane of thame tak upoun hand, privatlie or oppinlie, to mak ony alteratioun or inno- vatioun of the state of religioun, or attempt ony thing aganis the forme quhilk hir Majestie fand Dublict and universalie standing at hir Majesteis arrivall in this hir realme, under the pane of deid : with certificatioun that gif ony subject of the realme sail cum in the contrair heirof, he salbe estemit and haldin a seditious persoun and raser of tumult ; and the said payne sal be execute upoun him with all rigour, to the exemple of utheris' {Register of Privy Council, i. 266, 267). The Queen states, on the 23rd of May 1567, 'that na thing lies sa effectualie nurissit and intertenyt the publict quietnes amangis hir Hienes subjectis, nor contenit thame in hir dew obedience,' as the above proclamation, which had been renewed several times [Ibid. p. 513). ST. ANDREWS KIRK SESSION. 271 Secundlv, protesting alwayes that the formar allegiance be wevll and degestle avysit and discussit, for caus 1 the saidis M. Ih on and Jonat allegis that gevand and nocht grantand that the saidis pretendit minister, eldaris and diaconis had ony jurisdiction, gevyn to tham be ony havand power tharto, to cognosce or tak dilacion in sic causis, lyikas thai have nane ; vit thai 2 are na jugis competent to the saidis M. Ihon and Jonat, be sa mekyll as the said M. Ihon is presentlie, lyikas he lies beyn lang befoyr the intenting of this pretendit accion, familial* servand to the Lard of Craghall, makand continuall residence wyth hym wythin the parrochyn of Seres be the space of twa yearis last bypast, or at the lest the maist part tharof ; and siclyik the said Jonat parrochinar of the parrochyn of Disart, and be the space foyrsaid or at the lest the maist part tharof remanyng thar, havand fyir and flet wythin the samyn. And swa the pretendit minister, eldaris and diaconis of this cite are na jugis competent, nor hes power or naem in this caus ; bot [the defendaris] 3 awcht and suld be remittit to thar jugis competent as said is; and that in respect that gyf the pretendit minister, eldaris and diaconis hes in ony tym by- past usurpit ony power or autorite to cognosce in sic causis, that wes onlye upon the parrochinaris of Sanctandrois and na utheris, lvikas the defendaris ar nocht : pretesting, gyf ye proceid, as of befoir, for remeid tym and place. This secund excepcion repellit, in respect of the offence committit wythin this cite, and offence and sclander gevyn to this congregacione, fyir and flet instantle kepit wythin this cite be Jonat, and dayly resorting of Mr. Ihon wyth hyr. Thridlye, the saidis M. Jhon and Jonat allegis that thar suld be na proces nor jugiment had upon the pretendit sum- mondis rasit aganis tham, becaus the sammyn beris na certan parte perseuar tharof ; lyikas all summondis bayth in criminall and civil accionis awcht and suld conteyn alsweil the perseuaris as the defendaris. And als the pretendit summondis is generall and informall, obscur and inept, in that part berand that the delacion [wes] 3 gevyn in upon the defendaris, upon occasion of sclander gevyn be tham be committing of hurdom, &c. ; nocht Because. 2 TJiar in MS. 3 Omitted. REGISTER OF specifying quhai gave in the delacion, nor yit condiscendant quha tharby is sclanderit be thar occasionis, qubar and quhat tym, place, daye, year and monetb the sammyn allegit hurdom wes committit, and quhat kynd of hurdom it wes, quhidder simplex fornicacion or adultery, quhilk awcht and suld have beyn specifyed in the pretendit summondis, gyf the sammyn had beyn relevant. And tharfor the sammyn is inept, irrele- vant, generall, obscur, capcious ; and sua the sammyn suld be rejeckit and repellit, &c. And sua protestis, gyf thar be ony forder proces heirin, as of befoir. This thrid excepcione is repellit in respect of the summondis. Ferdly, the said M. Ihon and Jonat allegis that, gevand and nocht grantand thai had ony carnall dayll together, yit the sammyn wes na hurdom nor yit can be callit so, becaus the said M. Ihon knew that the said Jonat had allegit sum ressonis befoir the Superintendent, ministeris, eldaris and sayt of Sanct- androis, to stop hyr pretendit adherance to Robert Boswall, be verteu of ane wyckit and ungodlye promys mayd betuix the said Robert and Jonat, beand of the law of God and man null of the self; and the said Jonat desyrand the kyrk to declar the sammyn to be null and hyr to be fre tharof, becaws, in 1 the tym of the mackyn tharof, sche mysknew that the said Robert wes jonit in mariaige wyth ane uther callit Cristen Awerye yit alyve. 2 And the said Jonat — beand surly persuadit in hyr conscience, be verteu of the hearyng of the Word of God, that, sa lang as sche wes in the said Robertis cumpany, sche lay in manifest adulterye, in gret perrell of hyr awyn saull, he havand ane uther lawfull wyff of his awyn yit on lyve, as said is — desirit the Superintendent, ministeris and eldaris of Sanctandrois for the tym, for the causis foyrsaidis and utheris contenit in hyr ressonis producit befoir thame to stop hyr adherence foyrsaid, that thai wald declar the sammyn null. The Superintendent and sayt foyrsaid, fyndand the sammyn ressonabyll, admittit hyr foyrsaidis ressonis to hyr probacion, and' direckit summondis to summond wytnes for prevyn of the sammyn, and lyikwyis xxx wytnes comperand befoir thaim to prev the sammyn, &c. The said M. Ihon — beand sercerat 3 of 1 0/m MS. 2 Supra, pp. 207-212. 3 ? Certified. ST. ANDREWS KIRK SESSION. 273 hyr ressonis dependand and admittit to hyr probacion, and that hyr pretendit promys to Robert Boswall wes wycket wrangus and ungodlye, and of na wayis culd stand wyth the law of God — contractit wyth the said Jonat in the fear of God, wyth lawfull consent everilk ane to other, for evading of adul- tery, and procreacion of children, and sua ar jonit be God. And the premissis of the law ar tolerabill and lesum, and tharfor can nocht induce ony kynd of hurdom, bot rather honest and lesum consummacion of mariaugie. This ferd repellit, becaws the maner of asserseracion 1 of Mr. Ihon, nor the ordor of contract and maner of conjunyng of tham, is nocht qualefyed conforme to the ordor of the kyrk. Attowr, gyf the saidis M. Ihon and Jonat had fallyn in ony kynd of hurdom, as aluterly thai denye, yit the sammyn awcht nocht to be imput to tham, nor yit awcht thai to resave ony correccion tharfor ; bot rather the Superintendent and sayt of Sanctandrois awcht to be punist, for the causis followand. Becaus, lang affoir the said M. Ihone and Jonat contrackit togedder, the said Jonat schew and manifestit to M. Ihon Wynram, Superintendent, minister, eldaris and diaconis of the kyrk of Sanctandrois, that sche had jonit hyrself wycketly, in manifest adultery aganis the law of God and man, to Robert Boswall, desyrit the Superintendent and kyrk of Sanctandrois to seperat hyr tharfra, quhilk of the law of God thai awcht to have don, and nocht to suffer sic devillis promys to stand betuix ony man or woman. The Superintendent in that cace beand ane necligent pastor, and the ministeris, eldaris and diaconis of Sanctandrois siclyik, nocht havand respect to the fregilite and facilnes of the said Jonat, beand ane woman fregill and facill of natur, nor yit myndfull of thar deweteis according to the law of God, postponit and deferrit the said Jonattis allegiance, and wald nocht resave hyr wytnes to prev the sammyn ; the Superintendent and kyrk foyrsaid beand maist humely requirit, in the nam of God be the said Jonat and hyr frendis, nocht onlye anis twys or thryis bot continualy be the space of fyve yearis last bypast, to procead and do justice to the said Jonat in the said mater. The said M. Hi on 1 ? Certification. s 274 REGISTER OF Wynram nocht alanerly postponit the said mater, as said is, bot one his maner persuadit the said Jonat be all meanis possible to return agane to the said Robert, in that dampnable band of adulterye, aganis hyr conscience. And he seand that sche wald nocht be persuadit tharto, nocht alanerly postponit hyr caus as said is, bot cessit from all forder proceding tharin- till, and sua planly refusit to do the said Jonat justice, or at the lest tacite refusit the sammyn, quhilk is ane sufficient caus of the law to repell the Superintendent, ministeris, eldaris and diaconis of Sanctandrois, that thai, nor nocht ane of tham, cognosce in ony caus pertenand to the said Jonat : concludand as of befoir, &c. This last repellit in respect of the place it is proponit, and also in respect that the Superintendent wes only juge in the caus mencionat in the defence, and that the minister and eldaris cognoscis in this present caus. Sentence of Wyth mcalling of the name 1 of Crist Jesus, Sone of the eter- excommunica- J ° . . tioun aganis nail and everlevyng God, quhai is the way the vente and the Daigksche and lyff? throwcht quhois gudnes and mercy we, ministeris, eldaris Jonet Wemis. anc [ diaconis of Cristis kyrk and congregacion of the cite and parochyn of Sanctandrois, ar callit as watchemen ower his flok, quhilk he lies mercifully deliverit and reduced from blind- nes ydolatrie and supersticion, to the lycht of his Ewangell be the plenteows preching of the sam, so that the face of ane per- fyt reformit kyrk lies beyn seyn wythin this cite be the space of sex yearis, disciplyn usit and resavit ; and now occasion being offerrit be delacione gevyn in befoir us upon M. Ihon Dalgles and Jonat Wemys, Lady of Claslogye, inhabitantis of this cite and membris of this congregacion, so haldyn and reput hytherto, tweching the offence and occasion of sclander be tham gevyn be fylthy hurdom, wyth continuall perseverance, committit betuix tham, manifestit be procreacion of ane child, and thar contempt of the sacrament of baptisme in nocht presenting thar said child to baptisme ; [quhilkis] 2 war lawfully summond be our patent letteres, personaly apprehendit, to have comperit befoir us, at certan day and place to tham assignit, to ansuer to the said delacion, and to purge thaim tharof deuly as efferit, or 1 Nane in MS. 2 Omitted. ST. ANDREWS KIRK SESSION. 275 ellis to acknawlege the same and tharfor to resave disciplyn of the kyrk and fulfill the same, quharby the said offence and sclander mycht be repressed and avoyded ; wyth certificacione to tham as efferit. And becaus thai comperit nocht the said day and 1 place, bot contumacetly absentit tham and contemp- nit the voce of the kyrk, we decernit and causit our otheris letteres of monicionis in the fyrst, secund and thrid formis to be execut thre severall Sundayes, in the public essembleis of the congregacion, quharby the saidis M. Ihon and Jonat war monest and summond to compeir befoyr us, at certan dayes and place assignit to tham, to the effect foyrsaid ; wyth certifica- cion to tham, gyf thai comperit nocht to purge thaim of the foyrsaidis offensis and occasion of sclander, or ellis to acknaw- lege the same, resave and underly disciplyn tharfor, we wald proceid aganis tham wyth detfull ordor to the finall execucione of the sentence of excommunicacion, and invocat 2 the assist- ance of the autorite temporall. And albeid the said M. Ihon at the last comperit befoir us, he nether wald deuly purge hym, nor acknawlege his offence, resave and underly disciplyn thar- for as efferit, bot persistit temerariouslie in contempt of the voce of the kyrk and continuall reparyng to the said Jonat Wemys. Efter quhilkis thre public monicionis and public prayeris mayd for the saidis M. Ihon and Jonat, at daye ap- poynted for execucion of the horribill sentence of excommuni- cacione aganis thame we gran tit awcht dayes of delay and mercye, wylling thar frendis to travell wyth tham in myd tym for thar amendiment ; and gran tit and gave place also to all or ony offendit wyth owr procedingis to compeir befoir us, at certan day and place to tham assignit, to produce and geve in befoir us be word or wryt the resson and caus of thar offence to be discussit ; wyth certificacion, gyf nane comperit we wald accept and reput thar silence for plane consent of the holl con- gregaciofn] to the execucione of the excommunicacion. And becaus nan comperit, and that the saidis M. Ihon Dalgles and Jonat Wemys persistis and contenewis in thar fylthy wicketnes, evyll exempill, and contempt of the voce of the kyrk, thai wordely merit and deservis to be excommunicated, seperated And and in MS. - Ivocat in MS. 276 REGISTER OF and cuttit of from the societe and followschip of the congrega- eion of Crist Jesus and all benefitis of the kyrk, and to be deliverit unto Sathane for distruccion of the flesche that the spirit may be saved in the daye of the Lord Jesus, according to the doctrin of Sanct Paul. Heirfor, havyng God onle befoir owr ees, and the testimonie of his trew and eternall Word, be this owr sentence we declar and denunce the saidis M. Ihon Dalgles and Jonat Wemys, for thar grevos offencis, occasion of sclander, and contempt of the voce of the kyrk, excommuni- cated, seperated and cuttit of from the congregacion and mys- ticall body of Crist Jesus, and all benefitis of his trew kyrk (the hearyng of the Word of God onlye except) ; delivering tham to Sathan for destruccion of the flesche, that, thai being eschamit and brocht to repentance, thar spirit may be savit in the day of the Lord Jesus ; and that nan of the faythfull fear- ing God fra this hour furth accumpany wyth ony of tham in commonyng, talkyn, bying, selling, eating, drynkyn, or other way quhatsumever, except thai be appoynted be the kyrk for thar amendiment ; wyth certiflcacion gyf ony dois in the contrar thai salbe reput favoraris and fostararis of thar iniquiteis, callit and accused tharfor, and, being convict, as participant wyth tham, sail resave the lyik sentence wyth tham. In wytnes heirof the saill of the said ministerie is heirto affixit, at Sanct- androis, upon the fyrst daye of the moneth of May, the year of our redempcioun m°v c lxvj yearis. Followis the indorsacion of the minister executor of the excommunicacion. 1 Die xxvi] Marcii anno Domini etc. Ixvj. Fayrfull, The quhilk daye, Peter Fayrfull and Catherin Cunnyne 2 Scatoris.' f ° r callit and accusit for fornicacione committit betuix tham, manifestit be procreacion of ane child, thai confes thar offensis. Catrin allegis mutuall promys of mariaige betuix Peter and hyr, quhilk he denyis. The sam referrit to his ayth be Catrin ; Fayrfull absol- he, sworne, purgis hym be his ayth, and is absolvit fra the said vit of mariaige. 1 A blank has been left in the Register for the indorsation, but it has never been filled in. 8 An old form of Cttnninghame. ST. ANDREWS KIRK SESSION. 277 clam and promys. Bayth the saidis Peter and Catrin ar 1 ordenit to 2 conveyn this nixt Sunday in the public essemble of the kyrk, and mak public satisfaccion, according to the ordor of the kyrk, &c. The quhilk daye, Robert Zowll, maltman, inhabitant of this zowii, Hagy, cite, and Cristen Hagy, parrochinar, in Strykynnes, delated, formcatons - callit and accusit for fornicacion committit betuix tham, manifestit be procreacione of ane child. Thai confes thar offens, and ar ordenit this nixt Sunday to mak public satisfac- cion in the essemble of the kyrk, according to the ordor observit ; thar barn tharefter to be resavit to baptism ; the man committit to the magistratis to be punist civile, according Zowll com- to the law, as thar citiner. mittit - Die ocvij Aprilis anno quo supra. The quhilk daye, Schyr Ihon Dauidson, in Crayll, summond Dauidson pro- be the Superintendentis letteres, callit, comperand and accusit tisme inhibit! for pretendit ministracion or rather prophanacion of the Sacrament of baptisme, in the kyrk of Crayll, wythowtyn admission or preching of the Word ; he confessis his fait. The Superintendent, wyth avyis of the ministerie, ordenis the said Schyr Ihon Dauidson to compeir this nixt Sunday e, in the public essemble of the congregacion of Crayll, and thar confes and acknawlege his offence, ask God mercy and the congrega- cion forgyfnes, and absteyn fra the lyik doing in tym cuming under pane of excommunicacion. Die xociiij* 0 Aprilis anno quo supra. The quhilk daye, Walter Skaythlok, walcar, 4 inhabitant in Skaythiok and Sanctandrois, and Begis Watson, in the new myll upon Edyn, ^ marye™ 0 " 651 delated as fornicators, summond, callit and accusit. Bayth the parteis confessis carnall dayll ; and Begis allegis the sam to have beyn under mutuall promys of mariaig mayd betuix tham befoyr famos wytnes, and for verificacion of the sam exhibit ] As in ms. :{ Prophanat in MS. 2 In to in MS. 4 A fuller. 278 REGISTER OF ane sufficient testimoniall 1 in wryt recognoscit. In respect of the quhilk, the Superintendent, wyth avyis of the ministerie, monesis bayth the parteis to procead in solemnizacion of thai* mariaige wythin xl dayes under pane of excommunicacion. Liddell fornicator. Die primo Maii anno quo supra. The quhilk daye, Dauid Lyddell, fornicator wyth Eleyn [Lyddell — deleted] Harpar fugityve, is ordenet to mak public satisfaccion, in the essemble of the congregacion, this nixt Sun- day befoir nuyn, and at efter nuyn his barn to be baptised. Decretum ab- solvatorium Skyrlyng. [Satisfaccio Ihon Hutson.] Die xv t0 Maii anno quo supra. The quhilk daye, anent the clame of mariaige persewit be Jonat Huntar of Jhon Skyrling, be resson of promys and defloracion of hyr virginitie respective, as desyr set to pro- nunce, and Jonat to geve hyr ayth of calumpne befoir pronunciacion, bayth the parteis comperand the ayth of Jonat requirit, sche refusit to sweir, and of hyr awyn motyve wyll renuncit the clam of mariaige be resson of defloracion. In respect of the quhilk, and at na lawfull promys betuix parteis is confessit nor provyn, the Superintendent absolvis Ihon fra the clam of mariaige of the said Jonat ; and, becaus of carnall dayl confessit be beyth the saidis parteis, ordenis tham bayt to mak public satisfaccion, in the essemble of the congregacion of Lathrisk, this nixt Sunday, the xix of Maii instant. As also the Superintendent, in consideracion of the confession and deposicione of Ihon Hutson confessing hym to hav had carnall dayll wyth Jonat Huntar, ordenis that the sayd Ihon mak public satisfaccion in the kyrk of Kylgowr, upon Sunday the xxvj of Maii instant. Die xxij Mali anno Domini etc. lxvj t0 - Beton, Amot. The quhilk daye, anent the impediment mayd be Cristen Beton to staye the proclamacion of bannis of mariaige betuix Thomas Arnot and Jonat Anderson, parrochinaris of Lathrisk, 1 Testioall in MS. ST. ANDREWS KIRK SESSION. 279 the saidis Cristen Betoin and Thomas comperand befoyr the Superintendent, in the essemble of the ministerie of Sanct- androis, the said Cristen allegis that the sayd Thomas Arnot tistit hyr be his foyr promisis, namly, of mariaige (sche being ane virgin undeflorit 1 or difamit wyth ony spot concerning hyr virginite) ; he defiorit hyr virginite and tharfor haldyn of the law of God for the fori sayd offence to tak hyr to his lawfull wyf, and is nocht fre to mare wyth ony other ; and desiris and askis hym to be decernit be the Superintendent to tak hyr to wyf, and the proclamacion of bannis and solemnizacion of the mariaig betuix hym and Jonat Anderson to be stayed and cease — in presence of Thomas Arnot ; quhai, for his defence, allegis the sayd Cristen wes defiorit and lost hyr virginite befoyr he knew hyr carnalye. Quhilk defence the Superintendent admittis to probacione of the sayd Thomas, and statutis to hym Wednisdaye, the v of Junii nixt to cum, to produce the sam relevantle articulat, and to prev the sam daye foyrsaid : parteis heirto summond be actis. Die tercio Julii anno Domini etc. lxvj to - The quhilk daye, Thomas Arnot beand summond at the Beton, Arnot. instance of Cristen Beton to compeir this daye, to heyr the caus and clame of mariaige persewit be the sayd Cristen of hym suscitat and to proceid, and comperand, the caus suscitat, according to desyr of last term, to hym to produce his defence qualefyit in articulis, anent the allegit defloracion of Cristen befoyr he knew hyr carnale, and to prev the sam. The Super- intendent decernis letteres to the said Thomas to summond his wytnes to ony lawfull daye in this moneth ; and Thomas refusis to resave ony letteres, or to prev the allegit be hym. And Cristen desyris Thomas to be decernit to tak hyr to his wyf, becaus he lies grantit that he had carnall deyll wyth hyr, and can nocht prev sche wes ane spilt woman befoir he meld wyth hyr. The Superintendent statutis Wednisday nixt to cum to pronounce. Partes heirto warnit be act. And Thomas allegis that he lies mayd satisfaccion to the kyrk and congregacion of 1 Um defiorit in MS. 280 REGISTER OF Lathrisk for his offence and fait, at command of the kyrk ; offerris hym to prev the sam ; and allegis, in respect tharof, he suld be absolvit. And Cristen allegis that wes na mendis to hyr, for the fait he had mayd to hyr. 1 Die xix JuniU anno Domini m°v c lxvj t0 - Decteium The quhilk daye, Andro Gedde and Jonat Suntar, dochter inter Gedde et °f Ihon Suntar, citiner, callit befoir the ministerie for staying Suntar. Q f -j-] iar solemnizacion of thar mariaige efter mutuall promys mayd betuix tham ; the mater tryed, it is fundyn that efter persuasion mayd be Elizabeth Watson, mother of the said Jonat, sche fyrst privatle grantit to mak promys wyth the said Andro befoyr hyr awyn frendis, and tharefter, wyth 2 consent of hyr father and mother, 3 oppynly in presens of thaim and otheris hyr frendis, George Blak, diacon and readar of the kyrk, and divers otheris famos wytnes, the sayd Jonat willingle and frely consentit and mayd promys mutuall of mariaige wyth the said Andro Gedde and he wyth hyr. And the said Jonat being demandit be the said George 4 Blak, gyf sche wes compellit or frely consentit to makyn of the said promys, sche confessit hyr consent wes fre wythowtyn compulsion. In respect of the premissis, the ministerie declaris the foyrsayd mutuall promys The following decree has been cancelled, and the more formal one of the same date inserted almost immediately after it : — * Die x Julii anno quo supra. 1 The quhilk daye, as in term set to pronunce be the Superintendent, in the caus of impediment mayd be Cristen Betoun to the proclamacion of bannis of pretendit mariaig betuix Thomas Arnot and Jonat Anderson, and mariaig acclamit be the said Cristen Betoun of the sayd Thomas Arnot, for offence don to hyr be said Thomas in defloracion of hyr virginite throw his tyisting of hyr, the Superintendent, avysit wyth the peticion of the said Cristen, ansuer of the said Thomas, pronuncis and decernis the said Thomas Arnot to mary and tak to his wyf the said Cristen Beton, in satisfaccion of the offence don to hyr be hym in defloryng of hyr virginite, nochtwythstanding the defence allegit be Thomas admittit to his probacion and nocht provyn ; and to proceid to solemnizacion of thar mariaige wythin xl dayes under pane of excommunicacion, thar bannis to be proclamit interim. Pronuncit in presens of parteis. ' 2 This has at first been written in presens and wyth; but the clerk, in deleting presens and, has neglected to draw his pen through in. 3 Nother in MS. 4 Cherge in MS. 1 Dtcretum matrimoniale inter Betoti et Arnot.' ST. ANDREWS KIRK SESSION. 281 of mariaig betuix Andro Gedde and Jonat Suntar to be lawfull promys, and tharfor the parteis to abyd tharat, and to procead to solemnizacion of the sam betuix this and Michaelmes, under panis of excommunicacione to be execut upon the inobedient : thar bannis to be proclamit interim. Die x mensis Julii anno quo supra. The quhilk daye, in the caus of impediment mayd be Cristen Decretum Reton to the proclamacion of bannis of mariaige betuix Arnot! em Thomas Arnot and Jonat Anderson, parrochinaris of Lathrisk, and mariaige clamit be the said Cristen of the said Thomas, for offence be hym don to hyr in defloracion of hir virginite, according to the law of God, as desyr of term set to pronunce in the said caws, the Superintendent, avysit wyth the impedi- ment mayd be Cristen, and hyr clam of mariaige of the said Thomas Arnot, for his offence done to hyr in defloring of hyr virginite, according to the law of God, and peremptor excepcione proponit and allegit be the said Thomas for his defence in the said caus, to wyt, that the said Cristen wes deflorit and had lost hyr virginite befoir he knew hyr carnalye, admittit to his probacion, and all otheris deducit in the said caus, findes that the said Thomas be proponyng of the said peremptor defence lies confessit the intencion of the said Cristen perseuar ; and heirfor, having God only befoir his ees and the testimone of his trew and eternall Word, pronuncis and decernis the said Thomas Arnot gilte in defloracion of the verginite of the said Cristen Reton, and for his foyrsayd offence don to hyr he is haldyn to tak the said Cristen Reton to his lawfull wyf ; and tharfor na bannis nor mariaige to proceid forder betuix the saidis Thomas Arnot and Jonat Anderson, nor yit wyth ony other woman bot the said Cristen Retoun ; nochtwythstanding the said peremptor excepcion proponit, admittit and nocht provyn. Pronuncit in the consall hows, wythin the parroche kyrk of the cite of Sanctandrois, in presens of the parteis, year, day and moneth abov wryttyn, &c. 282 REGISTER OF Die jcvij Julii anno Domini m°v c lxvj t0 - onSeS arS ° n The ^ uhilk da J e ' M * Wyliam Blacatar, parson of Methell, 1 inhibit fra callit and accused be the Superintendent for baptising of ane baptisme. 1011 01 barne g°ttyn in liurdom betuix M. Ihon Dalgles and Jonat Wemys Lady of Claslogy, na satisfaccion mayd be the parentis for the offence and sclander gevyn be thaim to the congregacion of Sanctandrois, quhar thai* hurdom wes committit in procrea- cion of the said barne. The said M. Wyliam confessis hym to have baptist the said barne of necligence and be persuasion of Capitan Wemys, belevyng the barne had belangit to hym. The Superintendent, in respect of the said confession, inhibitis the said M. Wyliam Blacatar fra this tym fordwart to mak ministracion of baptisme, except he be of new admittit tharto : quhilk inhibicion Master Wyliam acceppit, ansuerand and sayand he suld obey, Die Sabbati 2 oca? Julii anno quo supra. [Catido The quhilk daye, James Dwdyngstown is becum caucion for SrFroftSrand James Frostair and Jonat Anderson, fornicatoris, that thai sail Anderson.] underly and obey disciplyn of the kyrk for thar fornicacion quhen thai salbe requirit, and that thai sail solemnizat thar mariaig betuix this and Martymes nixt to cum ; and gyf thai falye heirin James to payie, in nam of pane as sowm liquidat, 1 Mr. William Blacater, rector of the Parish Church of Metb.il, is mentioned on the 1st of February 1536-7 {Register of Great Seal, iv. No. 1656). The notarial instruments in the Wemyss charter-chest show that, 1 in 1545, the installation of. Robert Svvyne, a priest of St. Andrews, as rector of Methil, took place. The former rector, Mr. William Blackadder, had resigned office. Friar John Grier- son, father of the provincial order of Friars preachers in Scotland, presented the Pope's bulls on the occasion ' (Sir William Fraser's Memorials of the Family of Wemyss of IVemyss, i. 143). In 1574 Robert Swyne was reader at Methil, with a stipend of ,£13, 16s. 8d. and the kirkland (Wodrow Miscellany, p. 362). In 1661 Parliament ratified to the Earl of Wemyss 'the right and title of the patronage of the personage and viccaradge of the kirk of Methill' (Acts of the Parliaments of Scotland, vii. 1 20) ; but the parish seems to have been incor- porated with that of Wemyss about the period of the Reformation, and was not constituted a quoad sacra by the General Assembly until 1839 (Scott's Fasti, ii. 563). 2 Saturday. ST. ANDREWS KIRK SESSION. 283 the sovvm of ten marcas to the box of the pur ; and James Frostar oblesis hym to relev James Dudyngstoun of the said caucion and pane. Die sexto Novembris anno Domini etc. lxvj to - The quhilk daye, comperis Eufam Ogylwy and producis ane lettre of summondis under signet of the Superintendent, deuly execut and indorsat be Mr. Robert Paterson minister of Crech, tharin summond Robert Clark at hyr instance to heyr 1 promys of mariaige provyn betuix hyr and the sayd Robert; as also tharin summond Jhon Paterson, Andro Schethom, Lorence Cant and Dauid Ogylwy, wytnes, comperand be verteu of the summondis to testefy in the sayd eaus; and certan objeccionis proponit aganis the saydis wytnes. At lenth the sayd Eufam, wyth consent of hyr brother present, referris hyr clam of mari- aige and promys be hyr allegit to the ayth of Robert Clark. He sworn and examinat in his deposicione purgis hym. The Superintendent heirfor absolvis Robert fra the clam and mari- aig of Eufam and [decernis] 2 liberte to Robert to mary ony othir laufull parte wythowtyn impediment of the sayd Eufam. Absolvatoriuu Clark. Die Marcurii xiij Novembris- anno quo supra. The quhilk daye, Nycholl Zong, parrochinar in Stramyglo, N yc holl Zong summond be the Superintendentis 3 letteres and comperand, is jjjjjjj!? 1 of delated, accused of committing insest wyth Cristen Spyttell, naturall and lawfull dochter of his awyn mareit wyf. He con- fessis his offence and that ane barne 4 is gottyn betuix hym and the sayd Cristen his dochter in law. Quhilk confession the Superintendent ordenit to be notit and actitat in this buk. Die quarto Decembris anno quo supra. The quhilk daye, Wyliam Huntar, spows of Besse Aytkyn, Satisfaction of and Bege Scot summond, callit, comperand and accusit of adul- ^co^adulter- 1 To the heyr in MS. 2 Omitted. 3 Superintend! s in Ms. 4 Borne in MS. 284 REGISTER OF tery committit betuix thaim, manifestit be procreacion of ane child betuix tham, and for contempt of baptisme in nocht desyrng thar barn to be baptisied. The sayd Wylliam and Bege confessis thar adultery, schauys 1 owtward signis of repent- ance, ofFerrs thaim redy and wylling to underly disciplyn of the kyrk for thar offencis; and Wyliam confessis that he put the barn be hym gottyn in adultery to fosteryng to the wyf [of] 2 Ihon Collfe, callit Besse Aleson, in Cassyngray; 3 and his sayd barn be his awyn procurment and consall of the sayd Iho Colfe wes baptist, in tlie hows of Ihon Colfe in Cassingray, be ane aid dayf prest, callit Schyr Alexander Broun, sumtym curat in Kyl- conquhar, quhai baptist the barne for ane testan 4 in the nam of the Father the Son and the Holy Gayst, wythowtyn ony prayer redyng or other cerimone, beand present Henry Greg, Ihon Colfe, and Besse Aleson, gossopis and cummer. The Superin- tendent ordenis the saydis Wyliam Huntar and Bege Scot twa syndry Sunday to compeir, cled in sack-clayth, in the essemble of the congregacion of Sanctandrois ; and syt in sic place as salbe appoyntit to thaim duryng the tym of the sermonis ; and at the end tharof acknaulege thar offensis, ask God mercy and the congregacion forgyfnes. Reconciiiacion The quhilk daye, Besse Aytkyn, in presens of the Superin- betuix Huntar 1 . J . , J . r and Aytkyn his tendent and ministere, remittis Wyliam Huntar hyr husband the offence don in gevyn his body to Bege Scot in adulterie : quhilk Wyliam solemple lies mayd his ayth, and be the sam promyst to intreat the sayd Besse his wyf as the Word of God requiris, and never to falye aganis hyr ; and is be the Superin- tendent and ministerie monest to keip gud part to hyr, certefy- ing hym gyf heirefter he falye aganis his band and promys to his wyf be adulterie, he salbe deliverit to the temporall magis- trate be supplicacion as [ane] 2 incorrigibill adulterar. Die xv t0 - Januarii anno Domini m°v c lxvj. Processus i?iter The quhilk daye, Wyliam Cristeson and Issobell Lyndesay 5 et h'sobdiatn beand summond be the Superintendentis letteres to heir thaim Lyndesay ejus sponsam. . „ _ . . 1 Schauyn in MS. - Omitted. 3 Cassingray is in the parish of Carnbee. 4 A small silver coin. 5 Isabell Lindsay was the eldest daughter of John Lord Lindsay of Byres and ST. ANDREWS KIRK SESSION. 285 decernit to adheir in bed and burd as becummis the husband and wyf, or ellis ether of tham to schaw ane ressonabill caus quhy the sammyn suld nocht be don ; bayth the saidis parteis comperand, the said Issobell allegis sche suld nocht be com- pellit nor decernit to adheir to Wyliam as to hyr lawfull hus- band, becaus thar nether is nor was ony promys of mariaige betuix Wyliam and hyr — in presence of Wyliam ; quhai affirma- tive allegis lauful promys and mariaige betuix hym and Issobill, vidz., that betuix Martymes and Zowll in the year of God 1554 yearis, abowt fyve hovvris at evyn or tharby, in the land of umquhill Robert Macke, in the burgh of Coupar, in presence of famos wytnes and Schyr James Mortoun prest, according to the ordor of the kyrk of Scotland for that tym, thar wes mutuall promys of mariaige maycl betuix hym, the said Wiliam, and the said Issobell, quharupon followit thar carnall copula- cion wyth continuance ay sen syn betuix tham, thai haldyn and reput mareit personis wyth all thar nychboris. Efter quhilk mutuall promys foyrsayd, certen gentillmen, send be the Lord Lyndesay father to the said Issobell in his nam, requirit the said Issobell to cum fra the said Wyliam and lev hym, and hyr said father suld caus hyr be weyll marieit ; the said Issobell, in hyr ansuer gevyng to the saidis gentellmen send fra hyr father, in thar presence, ratefyed and affirmit the foyrsayd mariaig, sayand, and in cherge gevand to the saidis gentilmen to say to hyr father, That he suld provyd for the rest of his dochteris unmareit for sche was alredy mareit wyth the said Wyliam, and gyf sche war to mary sche wald yit marye wyth the said Wiliam. In respect of the quhilkis Wiliam is wylling to adheir to Issobell as to his wyff, and desyris hym to be admittit to preve the premissis, and term statut to hym to prev the sam, and the sammyn provyn Isso- bell to be decernit to adheir to hym. The Superintendent Helen Stewart (see p. 230, n. 2), and was married to Norman Leslie, the Master of Rothes, in or before February 1 540-1 (Wood's Douglas's Peerage, i. 385). The bold and daring Norman Leslie, so well known in connection with the prominent part he played in compassing the death of Cardinal Beaton, distinguished him- self by his matchless bravery, in fighting for the French King at Renti, in the autumn of 1554, but there he was so severely wounded that he died fifteen days afterwards (Sir James Melville's Memoirs, Ban. Club, pp. 25, 26). 286 REGISTER OF admittis the affirmatyve allegacion of Wiliam to his probacion, and at his desyr Wednisday nixt to cum statut to hym to prev his alligacion. Parteis heirto summond apud acta. Die Mercurii ocoevj 0 Januarii anno Domini etc. Ixvj. The quhilk day, as in term assignit be the Superintendent to Wiliam Cristeson to prev the admittit to hym anent the mariaige betuix hym and Issobell Lyndesay, comperis Wyliam and producis ane eik to his formar allegacionis in presens of Issobell, of the quhilk the tenor followis. [Eik to Wyliam In prhnis^ I, Wiliam Cristeson burges of 1 Cowpar, offerris me formeraUe^a- to P rev ane s °l em pt contract and promys of mariaige to be cionis.] mayd betuix me and Issobell Lyndesay, Mastres of Rothesay, in verba de presently owr handis conjunit be Schyr James Mor- toun, in Cowpar, in Robert Mackeis hows, twelve year bypast in November. Secindlye, that the said Issobell my spows and I, in the Lady Brakmonthis hous, at begynnyn of the relegion, desyrit to com- municat at the table of the Lord, Paull MefFen 2 beand minister. At the quhilk tym, the foyrsaid promys and contract of mari- aige be the said Issobell and me wes ratefyed, sche confessing (in presence of the kyrk thar essembled) us to be man and wyff ; and requirit gyf forther solemnizacion war requisit that the minister wald use it. To the quhilk he ansuerit that owr rati- ficacion thar was sufficient, exhorting us to leve in Godis fear, and upon this war we resavit to the table ; and since that tym ever lies kepit hows and bed together. Quhilk eik beand red in audience of the sayd Issobell, and be hyr denyed as is consavit, and to probacion admittit, and to be discussit wyth the proces ; Wyliam for desyr of term pro- ducit ane lettre of summondis of the Superintendentis under his 1 Of of in ms. - Paul Methven took a prominent part in the Scottish Reformation, but, after being appointed minister of Jedburgh, fell into adultery, for which he was so severely dealt with by the Church that, ' overwhelmed with shame, and despair- ing to regain his lost reputation,' he stopped in the midst of the 'humiliating penance' prescribed to him, and retired to England (M'Crie's Knox, 1861, pp. 250, 251). ST. ANDREWS KIRK SESSION. 287 signet and subscripsion, deuly execut and indorsat be M. Dauid Fressar, readar in Cowpar, tharin summond to this diet, to beyr wytnes in the said caus of allegacionis of the said Wiliam, thir personis underwryttyn comperand, and be the said Wiliam for probacion of his intent producit, vidz., Dauid Lyndesay of Piatstown, Master Robert Nycholl, M. Robert Ayrth, Jhon Lyndesay, burges of Coupar, Margret Lanbart, Thomas Flescher, Schyr Dauid Lowson, Dauid Welaind, Dauid Peter- son, Dauid Baxtar, Andro Thomson, quhilkis ar resavit, sworne and to examinacion admittit in presence of Issobell. And also the said Wiliam producis Dauid Wat, James Anderson, scrib, and Eleyn Cristeson, summond as said is, in presence of Issobell, quhai allegis the saidis personis suld nocht be resavit as wytnes in this caus : and fyrst aganis Dauid Wat sche allegis that the producer and the said Dauid ar brether and sister barnis ; and James Anderson and the producer ar thrid and ferd in kyn ; and Eleyn Cristeson is syster to the producer. And Wiliam, ansuering, allegis that in respect that he producis tham to prev contract promys of mariaige (quhilk commonle is don befoir frendis) the saidis wytnes suld be resavit, nochtwythstanding the allegacion of Issobell. The Superintendent ordenis thaim to be resavit cum nota, and the allegacionis of parteis to be discussit wyth the proces. Quhilkis Dauid Wat, James Ander- son, and Eleyn Cristeson ar resavit, sworn, and to examinacion admittit, cum nota, in presence of Issobell. Mayrower, the sayd Wyliam producis 1 ane testimonially under say 11 of Dauid Ayrth, bailie of the burgh of Coupar, and subscripsion of James Anderson, notar, of dayt the xiij day of December, anno Domini 1556, contenyng sasing gevyn to the saidis parteis in conjunct fe as husband 3 and wyff ; and the rolment 4 and actis of court haldyn be Issobell Lindesay and Wyliam Cristeson hyr spows, under subscripsion of Thomas Flescher, notar, of deyt xv t0 - Julii, anno lvj ; wyth ane act of the sam court of creacion of Andro Ballingall in thar officiar ; and ane prothogoll sub- scrivit be James Anderson, notar, of deyt ococvj to ' Julii anno Domini etc. lxiii] t0 , contenyng resignacion of certan landis mayd 1 Pro producis in MS. 3 Husbad in MS. 2 Testioall in MS. 4 Register, record. 288 REGISTER OF be Wiliam Cristeson and Issobell Lyndsay his spows, &c. ; and ane precept of warnyng of the said Issobell wyth consent of [Wyliam] 1 Cristeson hyr spows, subscrivit wyth hyr awyn hand be hyr recognoscit, and hyr seyll, of deyt the thrid of 2 Marcii anno etc. Ivy. Wyliam renuncis all forder probacion. The Superintendent statutis literatorie to pronunce in the sayd caus. Followis interrogatoris of Issobell. [Interrogatoris It mot be sperit at every ane of the wytnes, gyf thai be of of Issobell.] kyjj or a Ui a 3 -(-q -(-} ie Wyliam producent, or gyf thai have gevyn hym parciall consall in this caus, or is rewardit, or in hop to resave gud deid fra hym for thar deposicion, and gyf thai favor the ane parte mayr nor the other, by equite and justice. Item, it salbe sperit at every ane of tham, gyf thai war pre- sent at the allegit mariaig makyng, quhar the sam was mayd, in hall or chalmer, befoyr nuyn or efter nuyn, at quhat howris, quhai was minister tharat, quhidder ane Papist preist, or ane other laufull minister, and gyf mariaige w r es mayd in Inglis or in Latyn, quhat the preist or minister said, or yit the parteis at that tym, quhai wes present tharat, quhar sat the allegit bryd and brydgrum, and the Papist preist or minister for the tym. And that every wytnes geve ane relevant and concludand caus of thar knawlege, gyf thai depon the mater to be of trewth, &c. Followis the depocicionis of wytnes producit. [Deposicionis Dauid Lyndesay of Pyatstown, 4 wytnes, summond, resavit, of wytnes.] SWO rne, admittit and examinat upon the allegacionis of Wiliam ^ Cristeson and interrogatoris. In his deposicione purgis hym of all parcialite, and deponis that he was nocht present at the 1 Omitted. 2 Of of in MS. 3 Allies. 4 David Lindsay was in 1561 served heir to his father, William Lindsay of Pyetstone, the second son of Patrick, fourth Lord Lindsay of the Byres {Lives of the Lindsays , i. 444). ST. ANDREWS KIRK SESSION. 289 allegit promys mayd betuix parteis. Item, efter the tym of the allegit promys, the deponar knawis and saw the parteis keip and contenew in mutuall cohabitacion at bed and burd, haldyn and reput mareit folkis. Item, concernyng the messag send fra the Lord Lindesay to Issobell Lyndesay and ansuer gevyn and confession of promys articulat, he deponis the sam trew. Examinat upon his caus of knawleg, the deponar con- fessis he wes messinger send be the Lord Lyndesay, did his messeg articulat, resavit the ansuer articulat, and confession of Issobell in speciall, sche granting the allegit promys and hand- fasting mayd be Schyr James Mortoun prest. Examinat upon the secund part of the eyk, he deponis the sam trew : he wes present hard and saw as the same bearis, and wyth hym mony otheris faytfull ; and amangis the rest M. Wiliam Ramsay ane of this ministerie. Examinat upon the place quhar he resavit the ansuer of his messege, he deponis it wes in the hows of Robert Macke : and purgis hym of the rest of interrogatoris. £ Master Robert Nycholl, wytnes, summond, sworne, and exa- minat upon the allegacionis of Wyliam Cristeson, deponis that he was present tym and place articulat, hard and saw promys of mariaig betuix parteis, thar handis layd together be Schyr James Mortoun prest, accordyng to the Papisticall ryt usit for that tym ; and that tharefter carnall copulacion betuix parteis followit tharupon, and thai reput and haldyn be common voce and fame as mareit folkis. Examinat upon the interrogatoris, he purgis hym of all parcialite and all puntis of the interroga- toris, and kennis na mayr in this mater except the place wes in the hows of Robert M c ke, in Cowpar, tym articulat. He remembris nocht quhai wes present nor quhow thai sat. 3 Jhon Wat, wytnes, sworn, admittit cum nota etc., examinat upon the allegacionis of Wyliam Cristeson, he is conforme to Master Robert Nycholl, wytnes preceding, in all punttis, except he grantis hym secund in kyn wyth the producer. 4 Eleyn Cristeson, sister to the producer, wytnes, sworn, resavit cum nota, examinat, &c., be hyr ayth deponis and is conforme to Mr. Robert Nycholl, wytnes preceding, concernyng the hand- fasting of parteis be Schyr James Mortoun. Examinat upon the interrogatoris, sche ansuers that sche is sister to the pro- ducer and purgis hyr of all parcialite, wald justice triumphit, 290 REGISTER OF and is conform to the said Mr. Nycholl in ansueryng to the interrogators twechyn the prest, hows, tym, and daye. 5 Robert Trumbull, coupar of his craft, burges in Coupar, wytnes, summond, sworn, examinat upon the allegacionis of Wiliam Cristeson, be his ayth deponis that he, be the space of twelve yearis last bypast, lies, in his office as coupar, wrocht to the parteis, beyn in thar hows and chalmer, seyn thaim in bed together naked, and that thai war haldyn and reputt mareit folkis, the woman kepand his marchand buth as his wyff and sa haldyn ; and kennis na mayr, and purgis hym of interroga- toris. 6 Margret Lambart, spows of James Anderson marchand in Cowpar, wytnes, summond, sworne, admittit and examinat, &c, deponis that sche nether hard nor saw ony thing articulat, bot alanerly that the parteis war haldyn and reput wyth thar neyghboris mareit folkis, hes seyn tham divers tymmes in naked bed, and Issobell kepand the marchand buth of Wiliam as his wyff ; and purgis hyr of the interrogatoris. 7 M. Robert Ayrth, burges in Coupar, wytnes, summond, sworn, admittit and examinat 1 upon the allegacionis of Wiliam, and in speciall upon the last part of his eyk, deponis that at the communion ministrat in the hows of Lady Brakmonth be Paul Meffen, tym articulat, he wes present, hard the ratifica- cion and confession articulat be Wyliam and Issobell, hes seyn the parteis thir mony yearis keip cumpany as man and wyf, sa haldyn and reput be thar neyghboris. Attowr, the deponar beand send to Issobell be hyr mother, as messenger to desyr hyr to cum fra Wyliam Cristeson producer, he resavit hyr ansuer and cherg to say to hyr mother, That sche had mareit hyr anis and now sche hes mareit hyrself wyth the producer, and wald never leyf hym. Examinat upon the interrogatoris, he purgis hym. 8 Johan Lyndesay, burges of Cowpar, wytnes, summond, sworne, admittit and examinat, &c, be his ayth deponis that, be the space of twelve yearis or tharby, the parteis hes kepit cumpany as man and wyff, sa haldyn and reput be thar neyghboris. He hes seyn tham in bed, hes hard Issobell divers tymmis in Examinat examinat in MS. ST. ANDREWS KIRK SESSION. 291 presens of Wyliam and divers otheris personis confes hyr his wyff, and hym confes to be hyr husband, lies seyn tham in naked bed. He resortit in thar hows wyth tham thre yearis, saw gret cherite betuix tham quhill now laytle ; and kennis na mayr, and purgis hym of the interrogatoris. 9 James Anderson, scrib in Cowpar, wytnes, summond, resavit cum nota, sworne and examinat, &c., be his ayth deponis that he kennis nathing articulat, except that thir mone yearis the parteis lies kepit mutuall cohabitacion, haldyn and reput for mareit folkis, hard Issobell confess Wyliam Cristeson to be hyr husband divers tymmis in his presens ; and at divers resigna- cionis of landis, mayd be Issobell, Wyliam wes present as hyr husband, gave his consent tharto, the sammyn mencionat in the instruments of saisingis, to the quhilkis the deponar is notar. He knawis na mayr in this mater ; and purgis hym of the interrogatoris, except he confessis hym to atteyn to the producer in ferd and thrid of kyn. 10 Thomas Flescher, burges in Cowpar, wytnes, summond, sworne, admittit, and examinat, &c, be his ayth deponis and is conform to James Anderson, wytnes preceding. He hes beyn notar and scrib in makyng of instruments and asseda- cionis to the parteis wyth bayth thar consentis, quharin the consent of Wyliam husband to Issobell 1 wes all tymmis men- cionat; and quhar subscripsion wes requirit Wyliam subscrivit in takyn of his consent : and kennis na mayr in this mater ; purgis hym of the interrogatoris. 11 Schyr Dauid Lowson, wytnes, summond, sworne, admittit, and examinat, &c, be his ayth deponis that he kennis nocht the promys nor handfasting betuix parteis articulat, he wes nocht present. Item, concernyng the carnall dayll and reputa- cion of mareaige betuix parteis, he deponis the sam trew ; he hard and kend the sam be reparyng to the parteis. Item, con- cernyng the messege send be Lord Lyndesay to Issobell and ansuer be hyr geivyn articulat, the deponar deponis the sam to be trew : examinat upon his knawlege, the deponar wes messenger send, dyd his messege, resavit ansuer as is articulat. Examinat upon the interrogatoris, he purgis hym : and kennis no mayr. Wyliam in MS. 292 REGISTER OF 12 Dauid Weland, burges in Cowpar, wytnes, summond, sworn, admittit, and examinat, &c, be his ayth deponis that he wes nocht present at the promys mayd in the hows of Robert M c ke articulat. Item, sen syn he hard Issobell divers tymmis confes Wyliam to be hyr husband, and at sche had takyn hym to hyr husband, and wald keip promys wyth hym so lang as sche levit. The deponar examinat upon the secund part of the eik, he deponis the sam trew ; he wes present at the communion in [the] 1 hows of Lady Brakmonth, hard and saw as is articulat : and purgis hym of the interrogatoris, and kennis no mayr. 13 Andro Thomson, servand to Issobell Lyindesay, sworn and examinat, kennis nathing articulat. 14 Dauid Peterson, burges in Cowpar, wytnes, summond, sworn, admittit, and examinat, &c, be his ayth deponis that be the space of twelv yearis or tharby he lies seyn and kend Wyliam Cristeson and Issobell Lindesay keip mutuall cohabitacion as mareit folkis, sa haldyn and reput be all neyghboris ; and divers tymmis, the deponar beand syttand in jugiment as bailie and juge in Cowpar, have comperit befoir hym bayth the parteis Wyliam and Issobell in proper personis, producit billis of compttentis aganis divers dettoris, contenyng the complaynt set furth in nam of Issobell and in nam of Wyliam hyr husband for his interres : and kennis na mayr in this mater, and purgis hym of interrogatoris. 15 Dauid Baxtar, burges of Coupar, wytnes, summond, ad- mittit, sworne, and examinat, &c, be his ayth deponis, and is conform in all thingis to Dauid Peterson, wytnes preceding ; and forder he lies seyn the parteis in naked bed together. Die quinto Februarii anno Domini etc. lxvj t0 - The quhilk day, comperis Wyliam Cristeson in the session of the Superintendent and producis ane lettre of summondis under signet of Superintendent, deuly execut and indorsat be Andro Angus reader in the kyrk of Lesle, 2 tharin summond Wyliam Cristeson and Issobell Lindesay to compeir befoyr the Superin- tendent in his session this day, to heir decernit and decreit 1 Omitted. 2 See p. 179. ST. ANDREWS KIRK SESSION. 293 gevyn in the caus foyrsayd of adherence. The saydis parteis callit upon to heir pronuncit, the decreit wes pronuncit and red as folles. Wyth incalling of the nam of Crist Jesus, Sone of the eter- Sentence of nail and everlevyng God, quhai is the way the verite and the tu ix Wyiiam lyff, M. Ihon Wynram, Superintendent of Fyff, juge in the ^beULynde- caus of adherence of Wyiiam Cristeson and Issobell Lyndesay say. his spows in bed and burd as man and wyff, beand avysit wyth the negatyve defence proponit for the part of Issobell to stop the said adherence, and wyth the affirmatyve of the said nega- twe defence mayd and allegit be the said Wyiiam and to his probacion admittit, and wyth wrytis, deposicionis of wytnes producit for the part of Wyiiam in probacion of his affirma- tyve, and wyth all producit and deducit in the said caus, the consall of the ministere of Sanctandrois in the sayd caus had and followit ; and fynding the sayd affirmatyve sufficientle provyn, pronuncis and decernis the saidis Wyiiam Cristeson and Issobell Lyndesay laufully conjunit in the band of matrimonye; and tharfor as mareit man and wyf to adheir ilk ane to other in mutuall cohabitacion, bed and burd, every ane to intreat other as accordes man and wyf to do of the law of God, under panis of excommunicacion to be execut aganis the parte inobedient to this decreit. Pronuncit in our consistoriall place, wythin the parrochie kyrk of the cite of Sanctandrois, upon Wednisday, the fyft daye of the moneth of Februarii, the year of God 1566, in presens of Wyiiam Cristeson and in pane of nocht comper- ance of Issobell Lyndesay heirto laufilly summoind ; and befoir thir wytnes M. Robrt Hammyltoun, minister, M. Wyiiam Ramsay, M. James Wylke, M. Alan Lawmonth, M. Thomas Balfour, eldaris and citineris of the cite and congregacion of Sanctandrois. Die Mar cur ii, quarto mensis Februarii, anno Domini 1567. The quhilk day, anent the supplicatioun maid to the seat Decreit of be Johne Kircaldy to desire licence that Maister James Ler- funhtVAhis 1 ^ montht, Provest of Kirkhill, and Margrat Kircaldy, the said citie : u Le T r ;. ' * o . J . montht, Kir- Jolme dochter, may solemnizat the band of matrimonie con- caldy. tractit betwix thame outwytht this parrochioun, nochtwytht- 294 REGISTER OF standing that thair bannis was laufullie proclamit wythtin the sam upon thre several Sondaiis. The seat in consideratioun that nethir the said Johne nor Maister James ar indwellaris nor fremen of this citie, bot remanis for ane seasoun ; and in respect that the said Johne desyrit the same to be performit wythtout ryoutesnes on ane honest quiet maneir, and being desyrit be freindis to cum furtht of the towne and resort to thame, quha promist to mak expensis of the brydell and swa wald releve thame in that part ; the seat, in consideratioun of the said Johne resonable desyre, gevis licence to the said Johne, Maister James, and the said Johne dochtir to pas and marie in the Lord quhair it sal pleas them ; providing, in respect of the thyngis foirsaid and cais of the caus, this be nocht ane preparative or drawn in exemple for utheris. Die Marcu/rii, tertio mensis Martii, anno Domini 1567. Ramsay, The quhilk day, Richart Ramsay and Alexander Symsoun, travellaris, ar monesit be the Superintendent and seat to abstein in tyme cuming fra going to merkattis and makking of merchandice on the Sabbat day, undir paine of excommuni- catioun. Die Mdrcurii, deeimo mensis Martii, anno Domino 1567. Wallace, The quhilk day, Dauid Hakstoun, in the parrochioun of s oun, nj. Yy\xnho\xgy being somound to this day to heir and see hym decernit to proceid in mareage wytht Isobell Wallace be resoun of promis and defloration of hir virginite, the Superintendent, in paine of non comperence of the said Dauid, decernit hym to be somound of new to proceid in the said mareage, wytht inti- mation gyf he comperis nocht the Superintendent will proceid to pronuntiation of his decreit ; and the said Dauid to be somound to this day aucht dayis. [Jonet Bathe- The quhilk dav, Jonet Bathesoun in Forther examinat upon son testis.'] 1 The meaning of this word, or more probably contraction, is uncertain. After this it occurs frequently in the margin, and generally, if not always, in such cases, the matter is delayed for a definite time. ST. ANDREWS KIRK SESSION. 295 the last birtht of ane 1 bairn, borne be Jonet Hakstoun in Forther wythtin the parrochioun of Lawthreis. The quhilk day, anent the inquisitioun takin upon the Law, Makke, father of the bairn begottin upon Maige Law, the Superin- ri1 ' tendent ordani[t] Dauid Makke in Crail, quhom the said Maige allegit to be father of the bairn, to preve his allegeance, to wit, that the said Maige confessit the [father of the] 2 bairn to be ane callit Petir Ramsay ; and that the said Petir grantit the bairn to be his, and upon ane day borrowit sylver in Craill, and cam a gait wart to Sanctandrois to tak with the bairn and to caus the sam to be baptized ; and to preve the sam this day aucht dayis. Die Marcurii ultimo Martii 1568. The quhilk day, Elene Forbes, spous to Nichol Pertht, and Forbes, Forbes. Margrat Forbes, spous to James Hendersoun, sisteris, ar becum bund and oblist, of thair awn propir confessiounis, that quhilk of thame beis fund, in word or deid, to offend to utheris in tyme cuming sal pay to the collectour of the puris of this citie xl s. unforgevin. And in lik maneir Andro Duncansoun and Duncamoun ° et sponsa : his wyf, and William Moreis yownger and his wyf, obligat in Mortis et maneir abuil expremit. r Die Marcurii, secundo die mensis Junii, anno Domini 1568. The quhilk day, Johne Dayis servand to Andro Crastaris, Dayis, Waicar. smytht, being callit befoir the seat to heir hym decernit to solempnizat the band of matrimonie wytht Agnes Waicar, be resoun of promis of mareage maid be hym to hir, the saidis parteis comperand be thame selvis, the said Johne denyit ony promis, and becaus the said Agnes could nocht preve the promis [sche] 2 referrit the sam to the said Johne aitht ; and he being sworn denyit that evir he maid promis, albeit he had carnall deal wytht hir as was confessit be thame baytht. In respect of the quhilk, the seat, becaus na promis was provin nor that athir of the saidis parteis parentis consentit tharto, gaif tham licence to marie quhom they plesit in the Lord. 1 And in MS. - Omitted. 296 REGISTER OF Rolland, Dischington, [callit to geve confessioun of thair faitht.l Die Marcutii ultimo Junii 1568. The quhilk day, the kirk, according to the Word of God and practice of utheris reformat citeis and townis wythtin this realme, callit M. Dauid Dischingtoun, M. James Rolland, procuratoris, requiring them of the confessioun of thair faitht, that, according to Act of Parliament, we mycht understand quha kepit ane uthir face of religioun then God of his mercye now, eftir our lang blyndnes, had offered unto us, resavit and universalie apprevit in Parliament ; x quhay comperand declarit that they could nocht gyf haesty ansueir and wythtout forthir [Delay grantit delay subscrive our articlis, and tharfoir requirit the copie of to]*m/fr Juln. ^ e gu^^iig . an( j ^] ie xJiij c ] a y 0 f J u lii W ytht thair awin consent was gevin to them, to gyf thair answeir in write to the saidis articlis. Die Marcurii xiiij t0 Julii 1568. Rolland. The quhilk day, in the terme assignat be the kirk to [Forther delay Maisteris James Rolland and Dauid Dischingtoun to gyf thair ?xi4p julii. ansueris in wryte to the articlis of Confession of Faitht, the said M. Dauid comperit nocht, and the said M. Jaimes com- pering be hymself said he was nocht throlie avisat, and desyrit forthir dilatioun. The seat, being avisat and willing to wyn hym, assignat to hym Fryday the xxiij day of Julii instant. Die Marcurii ocxj" 10 Julii 1568. [Forther delay The quhilk day, Maister Dauid Dischingtoun comperit ^xxHjo julii. befoir the seat, alleging the caus of his absence in the last diet Dischington. i Q \y e becaus the Superintendent, Rectour and minister was absent in Edinburght ; and desyrit Fryday the xxiij day of Julii instant, to gyf his ansuere in write to the articlis gevin in to hym ; quhilk the seat grantit to hym. 1 On the 20th of December 1567, Parliament ratified the Reformation Acts of 1560, and approved anew the Confession of Faith, which was then re-engrossed among the Acts of Parliament. ST. ANDREWS KIRK SESSION. 297 Die Veneris awiij 0 Jidil 1568. The quhilk day, Maister James Rolland comperit and Roiiand. according to his promis gaif in sum ansueris in write to the articlis gevin in to hym ; and desyrit forthir dilation to gyf in moir full ansueir to every head of the articlis be thame selves ; to quhom the seat assignat Wedinsday the xxviij day of Julii xxviij julii. instant, to gyf in the saidis ansueris, willingly desyrit be hym. The said day, in the terme assignat be the seat to Maister Dischington. Dauid Dischingtoun to gyf his ansueris in wryte, subscrivit wytht his awn hand, to the articlis gevin in to hym concerning the religion, the said M. Dauid, comperand be hymself, ansuerit that he wald nocht gyf his ansueir in wryte nochtwythtstanding the former promis, nor yit acknawlege us to be the kirk, nor yit acknawlege this to be the trew religioun that we have resavit and preachit ; allegeing that gyf he gaif his ansuere in wryte that it wald be blaudit upon every mannis teitht, and forther he wald be blawdit in the pulpet quhair the preacheris ralis by thair text : and sa departit wytht fume and anger ; nochtwythtstanding the seat promist that his writting sould nocht be blawdit, bot he sould have sufficient ansuere in wryte wytht quietnes. Nocht the les the seat, yit being of mynd to repres his stubburnes and be al meanis posseble to wyn hym, ordanis yit hym to be warnit to Wedinsday the xxviij of Julii xxviij julii. instant, to compeir befoir the seat and to gyf in his ansueris in wryte subscrivit wytht his hand : and gyf he comperis nocht the minister to proceid to public admonesing of hym, according to the ordour appointed be the Kirk, into the General Assemblye haldin at Edinburght in Junii last bipast. 1 1 No meeting of the General Assembly was held in June 1568, but on the 8th of July of that year : ' Anent the excommunicatioun of Papists, and separatioun of them fra the societie of Chrysts bodie, after due admonition refuseing to joyne themselves to the Kirk ; it is concludit, that after they have receivit sufficient admonitioun according to the ordour establishit in particular kirks, and they yet remaining obstinate, they sail be declarit publicklie in all congregations necessar to be out of the societie of Chrystis bodie, and to be excommunicat ' {Booke of the Universall Kirk, Ban. Club, i. 126, 127). 298 REGISTER OF Primo Septembris. Die Marcurii, undeeimo mensis August} , anno Domini mittesimo quingentesimo sexagcsimo octavo. The quhilk day, Robert Alexander elder in Montflovry, 1 Robert Alexander yownger thair, and Agnes Wischert thair, being somound be the Superintendentis lettres to compeir befoir hym and his ministerie of Sanctandrois this day, to heir hym 2 decernit to be punisched for using and usurping of the office of ane minister or redar in the Kirk of God, having no vocatioun tharto nor lauful admissioun, &c, as at mair lyntht is contenit in the citatioun deuly execut and indorsat ; the said Robert Alexander, elder, comperand be hymself, desyrit the Superintendent to certifie hym quha was informar of the Superintendent, or dilatour of hym of the causis contenit in the somoundis. And the Superintendent refusit to advertis hym quha was informar or dilatour, for it was nocht necessar ; and desyrit hym to ansuere to the pointis of the somoundis. And now the Superintendent hes continuat the somoundis to the first day of September nixt to cum, to the effect that the said Robert elder, Robert yownger, and Agnes Wischart compeir thameselves in thar awin propir personis to ansueir to the pointis of the somoundis, or ellis proces to be had according to justice. The quhilk day, in the terme assignat to Margaret Wilsoun to produce witnes for probatioun of promis of mareage betwix hir and Patrik Gourlay, producit Richart Leis in Balmery- nocht, Alexander Gyllet in Kilbyrnis, syster sone to the mother of the said Margaret, Johne Brown in Coultray, William Gourlay in Souththeild, William Gourlay in Lucheris, Dauid Grig in Fordell, Henry Gourlay in Lucheris. And Johne Michel in Balmerynocht, and Thomas Stevinson thair, somond and nocht comperand, the Superintendent sett the first day of September nixt to cum, to do diligence for Johne Michel and Thomas Stevinson ; and to produce utheris witnes sa mony as 1 Probably in the neighbourhood of Leven. It was part of the ' tenandry of Scoonie,' which Sir Alexander Gibson of Durie acquired from Lauder of the Bass (Wood's East Neuk of Fife, 1887, p. 33). 2 That is the elder Robert Alexander : the others were summond on quite a different charge. See infra, pp. 299, 300. ST. ANDREWS KIRK SESSION. 299 the partie plesis, and Christen Braed and Patrik Gourlay warnit to compeir the said day. 1 Riehart Leis, witnes in the caus abuif wryttin betwix [Deposicionis Margaret Wilsoun and Patrik Gourlay, deponis that, upon of wltnes ^ the x day of Junii last bipast, the saidis Margaret and Patrik being in Christen Braed hows in the Demins of Balmerynocht, the deponent write the contract of mareage betwix the saidis parteis, and referris hym thairto ; and forthir, befoir diverss famous witnes, saw thair handis layit togethir ; and being requirit quhat wordis war pronuncit, the deponent can nocht tell. 2 Johne Brown, witnes in the said caus, deponis and sayis, that the deponent layit the twa parteis handis togethir and said ilk ane of them was content of utheris to go to mareage ; and the deponent sperit at Patrik Gourlay, Ar ye nocht content ? And he ansuerit and said, And 1 I war nocht content the mater had nocht cum sa far fordward ! And [they] 2 kissit utheris ; and the deponent thareftir said, Ye maun 3 mary wythin xl dayis. 3 William Gourlay in Souththeild, witnes, deponis that he kennis the contract maid betwix the parteis, bot kennis nocht the promis of mareage. 4 William Gourlay in Lucheris conform to William Gourlay in Souththeild. 5 Alexander Gillet in Kilbyrnis, syster sone to Margaret Wilson, conform to William Gourlay in Souththeild. 6 David Grig in Fordell conform to William Gourlay in Souththeild. 7 Henry Gourlay in Lucheris conform to William Gourlay in Souththeild. Die Marcurii, primo die mensis Septembris, anno Domini j m v c lxvi\j% per dominum Superintendentem et sedem. The quhilk day, comperit Robert Alexander yown&er in Decreium Sup- 1 J \ r t T i • erintendentis Montfiowrye, and Agnes Wischert thair, on the ane and x\\\\\x penes Robertum partis. Askit and demandit of the Superintendent, gyf they p^ffremet war contractit in mareage, or solempnization of mareage maid ^™*™ rt If. 2 Omitted. 3 Must. 300 REGISTER OF betwix thame : quhilkis ansuerit, in ane voce and severalie, that thair was na solemnization of mareage betwix thame. And thairfoir the Superintendent inhibit the solemnization of mariage betwix thame, quhill the said Robert Alexander yownger war fourtein [yens] 1 of aige compleit ; 2 becaus the said Robert Alexander yownger confessit hymself to be bot of threttein yeris of aige at Sanct Laurence 3 day last bipast. Superintendent, xhe said day, in the terme of continuation of the citation Alexander in . . « Monflovry. rasit at the instance of the Superintendent of his office aganis Robert Alexander elder in Montflowrye, comperit the said Robert be hymself and denyit the pointis of the citation sa far as concernis hym, and appealit to the General Assemblie of the Kirk. The Superintendent nevirtheles assignat this day aucht dayis to the said Robert to heir probation led upon the pointis of the said citation : and the said Robert warnit apud acta to heir probation led, &c, wytht intimation and certification, &c. ^Gourlay, The said day, in the terme assignat to produce ma 4 witnes in the action and caus of promis of mareage betwix Patrik Gourlay and Margarete Wilson, war producit [Johne — deleted] Thomas Stevenson in Balmerynocht and Johne Michelson thar. 8 Thomas Stevinson, sworn, resavit and examinat, deponis that he was present at the contract making betwix thame and saw Johne Brown, walcar, ane of the eldaris of Sanct Teal par- rochion, lay the parteis hand is togethir ; bot Patrik Gourlay spak nocht ane word : and forther kennis nocht in the caus. 9 Johne Michelson, witnes, deponis that he was present at the contract making betwix Patrik Gourlay and Margaret Wilson, and saw thair handis laid together be Johne Brown, ane of the eldaris of Sanct Teal parrochion ; and [it] 5 being demandit be hym of them, gyf they war content of utheris, hard them say that they sa war. Gourlay, The said day, Andro Barthlhlat, in Sanct Teal parrochion, Wilson. is decernit to be somound be the Superintendent lettres, to bear witnessing in the action and caus of promis of mareage 1 Omitted. 2 ' We affirm that bairns and infantis can nocht lauchfullie be mareid in thair minor aige, to wit, the man within fourtene yeiris of aige, and the woman within twelf yearis, at the least ' {First Book of Discipline, ninth head). 3 August ioth. 4 More. 5 Omitted. ST. ANDREWS KIRK SESSION. 301 betwix Patrik Gourlav and Margaret Wilson, to this day xv davis, viz., xv of September instant. Patricio apud acta citato, xv*° Septembris. etc., wytht powar to the said Margaret to somound utheris wit- nessis as sche pleasis to the said day peremptourlye. Die Marcurii, decimo quinto Septembris, anno Domini millesimo quingcntcsimo sexagesimo octavo. The quhilk day, in the terme assignat to Andro Barclaytht Decretum . . , ., . ,, , n solemnizationis to compeir to bear witnessing in the action and caus or promis matrimonii ' of mareage betwix Patrik Gourlay and Margaret Wilsoun,>^;j^ r wytht ony utheris to be nominat be the said Margaret, comperit Gourlay et Andro Bartclaytht and Robert Thomsoun in Balmerynocht, ^jvifso^infra somound be the Superintendentis lettres, in presence Q f xlladies - Margaret Wilson, quha war resavit and sworn : and forthir probation renuncit in presence of Patrik Gourlay. The Super- intendent, in respect of the depositiounis of witnes producit of befoir and this day, fyndis the promis of mareage betwix Patrik Gourlay and Margaret Wilsoun sufficientlie provin ; and thair- foir decernis and ordanis thame to proceid to the solempniza- tion of mareage betwix thame wythtin fourty dayis undir paine of excommunication ; and letteris to be gevin furtht heirupon als oft as neid beis. 10 Robert Thomsoun, in Balmerynocht, witnes, sworn, resavit and examinat, deponis that, upon the day of the contract making and promis of mareage betwix Patrik Gourlay and Margaret Wilsoun, he was present in Christen Braed hows ; quhair he saw and hard Patrik Gourlay cry on Margaret Wilson, being at the burn-syde weschyng claitht, and said, Margaret, sen Ave sould eik and end of this mater lat us go til it. And thaireftir incontinent they cam into the hows ; and Johne Brown in Cowtray sperit at Patrik Gourlay, Ar ye content to have this woman to your wyf ? And he said, Ye ! And [in] 1 lik maneir sperit at Margaret gyf sche was content to have Patrik to hir 2 husband, and she 3 said, Ye ! And then the said Johne Brown," ane of the eldaris of Balmerynocht said, I sal lay your handis togethir, lay your hyppis quha wil ! 1 Omitted. 2 Your in MS. 3 He in MS. 302 REGISTER OF 11 Andro Barclaitht, quha and Margaret Wilson ar sister bairnis, conform to Robert Thomsoun. Decretitm The quhilk day, the seat decernis and ordanis William Gil- Giichristel christe to adhere to Jonet Thomson his spous, and intrait hir in bed and buird as becummis ane man his wyff continualie in tyme cuming, wythtin audit dayis, undir paine of excommuni- cation ; and letteres to be direct heirupon als oft as neid beis : and siclik ordanis the said William Gilchriste, upon Sunday nixt to cum, to cum to the penitent seat wythtin this citie in the parroche kirk in sek-claitht, to resave penence for nocht presenting of his bairn to baptisme, bot suffiring 1 the sam to dee and depart wythtout baptisme, undir siclike payne of excommunication. Die Marcui'ii, decimo quarto mensis Octobris, anno Domini milles'uno quingentesimo sexagesimo octavo. Agnes Thom- The quhilk day, anent the petitioun gevin in be Agnes Thomsoun, desyring hir to have licence to marye of new, nocht wythtstanding that sche was divorsit of befoir fra Archi- bald Philp hir husband for adulterie committit be hir, and sufferit discipline ecclesiasticall and was realye punesit thairfoir; the seat refusit to gyf licence to hir, and referrit the jugement thairof to the Assemblie of the General Kirk 2 nixt to be haldin. 3 1 Sujfir in MS. 2 Kir in MS. 3 The Reformers held that adulterers should suffer death, and if foolishly spared by the civil sword ought to be excommunicated ; but in answer to the question if they might not marry again after reconciliation with the Church, they state: — 'Thatyf thai can not leve continent, and yf the necessitie be suche as that thai fear farther offence of God, we can not forbid thame to use the remeady ordayned of God. Yf the partie offended may be reconcilled to the offendar, then we judge that in nowyse it shall be lauchfull to the offendar to mary any other, except the partie that befoir hath bene offended ' {First Booke of Discip- line, ninth head). It was probably in connection with the reference in the text, that one of the Articles, which the General Assembly resolved, on the 5th of March 1 568-9, to present to the Regent, was : — ' That the questioun of adul- terie may once take effect ; at least a decision in that heid, quhither the adulterer sail be admitted to the benefite of mariage or not' {Booke of the\Universall Kirk, i. 140). In 1574 the Assembly ordained that all those married men who had committed adultery with other men's wives and after the death of their own ST. ANDREWS KIRK SESSION. 303 The said day, Johne Sourdy is becumin souerte for Henry Rymour, Rymour, for satisfactioun to be maid for fornication committit Wallace ' be hym wytht Elizabeth Wallace, undir paine of xl lib. And siclik the hornar 1 in Ergail 2 souerte for the said Elizabetht undir paine foirsaid. The said day, Maister William Sanderis and Thomas Buddo Gairdnar, Scot, ar becum souerteis for satisfaction to be maid be Johne Gaird- nar, for fornication committit be hym wytht Besse Scot, undir paine of xl lib. actitat. The said day, Dauid Mylis and Andro Colyne ar becum [Leythe,] Dik. souerteis for Henze Leythe, cuik of the Auld Colleage, and Mareoun Dik, for satisfactioun to be maid be thame for forni- catioun committit be thame, undir paine of xl lib. The quhilk day, as the day appointed and assignat to al Eidens, maneir of personis having vote wythtin this citie to compeir to deakinms object aganis the personis nominated to be eldaris and deakinnis for this yeir inncuming ; na persoun nor personis comperand to object, the Superintendent and seat findis the personis nominated elegible, and thairfoir ordanis the electioun to pas fordward. Die Marcurii xxv'if Octobris 1568. The quhilk day, the seat hes creat and ordinat Maister comtitutio Alane Lawmontht and Maister Thomas Balfour thair procura- procuratorum touris, to perseu Dauid Wemis and utheris personis quhatsum- evir, for thingis concerning the seat for help of the puir, befoir the commissaris of Sanctandros, Provest and bailies, or utheris jugis competent quhatsumevir, cum permissione de rato, etc. wives had married those whom they had polluted should { separate themselves and abstaine fra uther, untill the tyme it be decydit be the Judge Ordinar, whither the said mariage be lawfull or not' {Ibid. p. 308). And in 1576, they would ' not presently resolve the question, whither if a man or woman divorcit for adulterie, ought to be admitted to the second mariage ;' but they forbade ministers and readers to marry any such persons under pain of deprivation siinpliciter, and ordained the parties so joined to separate themselves {Ibid. P- 377)- 1 A worker in horn ; but the name was also applied to an outlaw, one at the horn. 2 A suburb of St. Andrews, immediately outside the city gates. 304 REGISTER OF i, Turpie, The quhilk day, William Turpie, ansuering to the complent gevin in be Margaret Brown aganis hym, allegit that the said Margaret was corrupt and had carnal deal wytht ane uthir man or he knew hir. This allegeances denyit be Margaret. The seat ordeined the said William to preve, this day audit dayis. Die Marcuru, tertio Novembris, anno Domini j m v c lxviij° Fleming, Ramsay. Williamson, Parke. Mylson, Pittillo Sym. The quhilk day, anent the promis of mareage allegit maid to Jonet Fleming be James Ramsay marinar in Sanct Monanis and defloring of hir virginite, the seat, eftir cognitioun takin heirintill, wytht consent of parteis and for stencheing of forthir pley betwix thame, fyndis and ordanis the said James to tak the bairn gottin betwix thame, to be resavit be hym incontin- ent, and to be brocht up be hym upon his expensis in tyme cuming ; and the said Jonet to bear na chairge thairof : and forthir the said James to content and pay to the said Jonet for defloring of hir virginite five merkis, thairof twa merkis and ane half or he be mareit wytht the woman that he hes laetlye maid [promis] 1 to, and utheris twa merkis and ane half wythtin yeir and day nixt thaireftir. And to this effect to be actitat in the Stewarttis bukis of the Regalite of Sanctandrois, undir quhais jurisdictioun he dwellis. The quhilk day, the seat hes fund and ordinat Johne Williamsoun, fleschear-boy wythtin this citie, to caus nuris and bryng up the bairn begottin betwix hym and Elene Parke, fra this furtht upon his expens, or ellis to appoint wytht the said Elene thairfoir, undir paine of excommunication. The quhilk day, Thomas Myilsoun, smytht, is becum souerte of his awin propir confessioun for 2 Thomas Pittillo in Anstroyer, that he sal cum to this citie and mak satisfactioun in presence of the congregation for fornication committit be hym wytht Effe Sym, and that wythtin xv dayis eftir the said Thomas [Syms — deleted] Myilson be requirit upon xv dayis warning to caus the said Thomas Pittillo entir to that effect, quhow sone the said Thomas Pittillo may guidlie cum to this citie 1 Omitted. 2 That in MS. ST. ANDREWS KIRK SESSION. 305 wythtout suspicion of pest, undir paine of excommunication and xx lib. The quhilk day, in the term assignat to William Turpie to Turpie, Brown, preve Margaret Brown to have bein corrupt or to have had n ' carnal deal wytht ane uthir man or he knew hir, producit be William, Archibald Dexten, Dauid Stein, Robert Fermour, quha, being sworn resavit and examinat, deponit that they knew no thyng of William allegeances bot be report of utheris. The seat set to preve for the secound dilation this day aucht dayis. Die Marcurii, decimo die mensis Novembris, anno Domini millesimo quingentesimo seocagesimo nono. The quhilk day, in the terme assignat to William Turpie to Turpie, Brown, preve Margaret Brown to have bein corrupt or he had carnal deal wytht hir, comperit William, quha 1 producit Jonet Symson, spous to Dauid Symson, in presens of Margaret Brown, quha deponit that, this tyme thre yeir or thairby, sche hard Margaret Brown say that sche had departit of bairn, bot quhom wythtall sche cald nocht tell. And siclik Jonet Brown, spous to Thomas Robertson, examinat sworn and resavit, deponis conform to Jonet Symson, except that sche sayis it was this tyme twa yeir. And siclik producit Margaret Waucht, spous to Alexander Ansteane, 2 sworn resavit and examinat, deponis conform in al thyng to Jonet Brown, except that sche sayis that sche hard Margaret Brown say that the bairn sche partit wytht was to William Turpie. Die Marcurii, vigesimo quarto mensis JVovembris, anno Domini millesimo quingentesimo seocagesimo octavo. The quhilk day, Jonet Calland dwelland in Kilconquhar, [Caiiand, Wil- dochtir to umquhill Johne Calland in Kilconquhar, Thomas Lawsom? Wilsoun in Brvmesyde, Margaret Mont his spous, and Agnes Lawsoun in Balbuthye, being somound to this day to heir thame and ilk ane of them decernit to be punnesit for gaetting 1 Qua in ms. - Perhaps Ansteane. U 306 REGISTER OF of ane bairn borin be the said Jonet Calland, ilk ane for thair awn part j &c, comperit the said Thomas Wilsoun ; and being inquirit be the Superintendent to schaw the trewtht, in sic thingis as the Superintendent sal speir at hym, upon his grite aitht, in presence of the seat, in the first being inquirit, gyf he knew Jonet Calland, sayis that he knawis hir nocht ; and siclik being inquirit, gyf he kennis Alesoun alias Ele Calland, spous to Martine Dischington, ansueris that he kennis Aleson, bot nocht hir spous, Martine Dischington ; and confessis and grantis that he coft 1 this yeir ane kow fra ane callit Toddie, servand to Martine Dischington. And being demandit, gyf thair was ane madin bairn puttin to hym and his wyf in nures- ing, at the first Marie day 2 last was or thairby, quha ansueris at the tyme foirsaid thair was ane madin bairn 3 put in foster- ing to his wyf, he nocht being at hame at that tyme [bot] 4 in Newbyggen selling ane hors to Andro Fairful. And being demandit, quha was the bairn father and mother, and quha 5 pat the bairn to his wyff, ansueris he kennis nethir the bairn father nor mother, and belevis ane callit Margaret Ramsay in Kilconquhar and ane uthir woman of aige brocht the bairn to his hows. And being demandit, quhow lang the bairn was wytht hym in howseld, ansueris, fra the said Marimes quhil Monenday was audit days, the xv day of November instant ; quhilk day sche departit and was bured in the kirk yaird of Kembak befoir thir personis, Jsobel Gilchriste, and Margaret Mont spous to the said Thomas Wilson, and at the said Thomas maid the graiff quhairin the bairn was bureid. And being demandit, quha was present at the bairnis departur ansueris, 0 hymself, his wyf, J sobel Gilchriste, and J onet Rogear ; and sayis that he kennis nocht quhethir the bairn was baptised or nocht. And attour sayis that Margaret Ramsay, and the agit woman abuif wryttin, payit to the said Thomas Wilson wyf Ls. for the first quartar for fostering of the bairn. Agnes Lawsoun, meadwyf in Balbuthie, witnes, sworn in the caus abuif wryttin, deponis that sche kennis perfitlie that Jonet Calland buir ane madin bairn, about the sext day of 1 Bought. * Omitted. 2 August 15th. 5 Quhat in MS. 3 Born in MS. 6 Sayis ansueris in MS. ST. ANDREWS KIRK SESSION. 307 Julii last bypast or thairby, in Kilconquhar in James Grig hows ; and sayis that the said Agnes, deponent, was myclwyf at the tyme ; and sayis thair was na creatur present at the bairn bering bot the deponent, Margaret Ramsay and twa bairnis ; and sayis that the common bruit was that Martine Disehington was the bairnps] father, quha is guid brother to Jonet Calland. Marcurii, octavo Decembris, anno Domini j m v c lxvuj°- The quhilk day, Jonet Calland being summond wytht the Calland, Superintendentis letteres to this day to heir trial takin of the Dlschmgt0 bairn that sche buir this last somyr, comperit the said Jonet, quha, being inquirit quha was the bairnis father, deponit as sche wald ansueir in the presence of God that George Disching- toun, brother to the Laird of Ardros, was the bairnis father ; and that the bairn departit wythtout baptisme. The Super- intendent ordanit the said George to be somond for forthir tryall to be takin heirintil. The quhilk day [George Blak denune'itto the assemblie that — Non tenet. deleted] Johne Gairdner and Besse Scott upon Sunday the xij day [of d — deleted]. Non tenet. Sunday the xij day. 1 Marcurii, decimo quint o mensis Decembris, anno Domini 1568. The quhilk day, it was decernit be the assemblie, becaus, on Gairdnar, Scott, Sunday the xij day of December instant, Johne Gardnar and mareage. Besse Scott, in presence of the hail congregatioun, confessit promis of mareage betwix thame and ratifiit the same, decernit that they sould proceid furtht to accomplescheament of the mareage betwix thame. The quhilk day, Johne Smal and Agnes Thomsoun, being Smal Thomson, dilatit to the Superintendent as fornicatoris relapsit, and being pU nesit be the accusat thairof, confessit carnal deal betwix them and sche to ma S estratis - be wytht childe. The Superintendent and assemblie lies referrit thame to be puneschit be the magestratis. 1 These imperfect entries seem to show that no scroll minute-book was kept at this period. 308 REGISTER OF Rait Jnglis, rij The quhilk day, the seat lies ordanit Elene Jnglis to be xxij d ° Decern- \ 1 . J * . , . bris. warnit agane this day audit dayis, to compeir to heir the objectiounis, proponit be hir aganis the witnes producit betwix hir and Alane Rait, discussit. Geddy, Rykard. The quhilk day, Christen Geddye clamit mareage of Dauid Richard, be resoun of promis maid to hir 1 be the said Dauid, and referrit the promis to the said Dauid aitht, quha sweir that he nevir maid hir promis, and thairfoir [the seat] 2 absolvit the said Dauid of the said clame. Wallace. Rymour. Roull, Dauid- son. Galbraitht, Brown. Rait, Jnglis. Die Marcurii, vigesimo secundo Decembris, anno Domini j m v c lxviij. The quhilk day, anent the complent and clame gevin in be Elspet Wallace aganis Henry Rymour, tweching the said Elspet desyre to caus the said Henry to marie hir be resoun he deflorit hir and gat hir virginite, or ellis to tochir hir. The Superintendent, wytht avis of the assemblie, decernis the said Henrie to marie hir or content hir wytht gear. And now the saidis parteis lies referrit thame to Johne Motto and Dauid Gibson for the part of the said Elspet, and James Robertson and Charles Geddie for the part of the said Henrye, alsweill tweching the mareage or gevin of gear to hir to help hir to mareage ; and to end the said mater betwix this and Newar day 3 nixt to cum. The quhilk day, Niniane Rowll and Eufame Dauidson, being dilatit to the Superintendent as fornicatoris, lies purgit thair self [is] thairof, and monesit under paine of cursyng to abstein in tyme cuming out of all suspect places. The quhilk day, Johne Galbraitht and Jonet Brown ar decernit be the Superintendent and seat to adhere to utheris, and to intrat utheris as becummis faithtful spousis in bed and buird, and to remane thairintil, wythtin viij dayis, under paine of excommunication. The quhilk day, the Superintendent and seat, taking cogni- tioun in the allegeances maid be Elein Jnglis, quhairfoir sche audit nocht to adhere to Alane Rait hir husband, to wit, that To hir to thir in MS. Omitted. 3 New-Year's day. ST. ANDREWS KIRK SESSION. 309 Alane sould say that he wald haif hir in howseld that he mycht be fulfillit of hir bluid and flesche, fyndis the said Elene to have failyeit in probation of hir allegeances ; and thairfoir ordanis and decernis the said Elene wythtin viij dayis to adhere to hir said spous, to be intrated be hym in bed and buird as efferis, undir paine of excommunication ; and public monitionis to be direct heirupon gyf neid beis. The quhilk day, Christein Lyall is decernit to cum to the Decretum kirk twa Sundays, to mak repentance in the penitent seat in C adulterum. sekclaitht, for adultre committit be hir and haldand hir bairn unbaptizat be the space of thre yeris, undir paine of excom- munication. Die Marcurii, vigesimo nono Decembris, anno Domini j m v c lxvuj°- The quhilk day, Katharine Neische, dilatit to the Superin- Xeische tendent as ane usurar, comperit and purgest hir self thairof ; usuraria - and is decernit be the seat to desist and ceas fra using of usurie in tyme cuming, undir paine of excommunicatioun. The quhilk day, Maister Johne Todryk, 1 dilatit to the Super- Todryk, intendent of fornication wytht Margaret Ramsay, comperit and Ramsa y- purgist hym self be his grite aitht ; and monesit to abstein fra hir in tyme cuming, et ab omni loco suspecto, undir paine of excommunication. The said day, Jsobel Bonar, spous of Archibald Mwir, dilatit Bonar sponsa to the Superintendent for nocht cuming to the kirk to heir the ^f^ 6a/dt Word of God upon the Sunday, is monesit to cum to the kirk upon the Sunday to the effect foirsaid in tyme cuming, undir paine of excommunicatioun, she being in hir heal. 2 The said day, James Broig, Hev Lokart, Johne Blak and Barbourisof George Nairn, barbouris, dilatit to the Superintendent 3 for thls Cltie> using of thair craf upon the Sabbat day, ar monesit to abstein in tyme cuming undir paine of excommunication. The quhilk day, Henry Blak and Margaret Moreis, dilatit of Blak, Moreis. fornication to the Superintendent, comperit and confessit the sam ; and Margaret, now being wytht childe, and referrit to hir See pp. 28, 29. 2 Health. 3 Superintendit in MS. 310 REGISTER OF aitht gyf it was to the said Henry, swir that it was to hym and that he gat hir virginite, and that sche nevir knew nor had carnal deal wytht ony uthir man : and ar baitht monesit that, wythtin xx dayis efter hir birtht, [thai ar] 1 to cum to mak satisfaction, &c. Die Marcurii, quinto die mensis Janua?ii, anno Domini j m v c lxviij°. Ramsay, The quhilk day, the seat hes ordanit Patrik Ramsay and Christen Duncan to be somound upon Sunday nixt cuming opinlie, to compeir befoir the seat to gyf his testification that gyf the madin bairn allegit begottin betwix hym and the said Christen be his or nocht ; wytht certification gyf he comperis nocht the bairn salbe decernit to be his and haldin as confest, and Patrik to be somound to this day audit dayis. Thowles, The said day, Maige Thowles allegis ane madin bairn born be hir to Thomas Christeis in Lang Raw, thairfoir the seat ordanis the said Thomas to be somound opinlie upon Sunday nixt to cum, to compeir this day audit dayis to gyf his testifi- cation thairof, wytht intimatioun gyf he comperis nocht it sal be haldin as confessit. Malwil, Lermontht. Die Marcurii) duodecimo Januarii, anno Domini millesimo quingentesimo sexagesimo octavo. The quhilk day, Agnes Malwill confessit that sche lies born ane sone to Maister James Lermontht, Provest of Kirkhill, quhilk bairn is ane yeir auld and sumthyng mair ; and desyris the said Provest to resave the said bairn fra hir to be brocht up and nurischeid upon his expensis. And Agnes allegis that sche maid satisfaction for hir offence in Marie Kirk of Aber- luthnot in the Mearnis, in presence of the heal congregation thair. Die Marcurii, vigcsimo sexto mensis Januarii, anno Domini j m v c lxviij°- Citatio Christe The quhilk day, Thomas Christe, indwellar in Sanctandros, ad instantium Catharine Gourlay. i Omitted. ST. ANDREWS KIRK SESSION. 311 is somound and ordanit be the seat to compeir this day aucht days befoir the seat, to ansueir at the instance of Catharine Gourlay, undir paine of excommunication. Wytht in calling of the name of Christe Jesus, Sone of the Decretum ecclesie pro eternal and evirleving God, quha is the way verite and lyffe, ^ Jngl throucht quhais guidnes and mercye we, minister eldaris and c0 deacanis of Christe kirk and congregatioun of the citie and parrochioun of Sanctandros, ar callit as watchemen owre his flok, quhilk he hes mercifullie delivered and reduceid from 1 blyndnes idolatrie and superstitioun, to the lycht of his Euuangel be the plentuus preaching of the samine ; swa that the face of ane perfite and reformit kirk hes bein sein wythin this citie be the space of nyne yeris or mair, ecclesiastical discipline usit and resavit in the same ; and now occasioun being offered be trew dilatioun gevin befoir us upon Helene Jnglis, spous of Alane Rait, that quhair the said Alane and Helene, being laufullie cuppilled togethir in the holie band of matrimonie, remanit thairintil thir monie yeris bigane and had procreation of children betwix thame, nochttheles the said Helene, aganis the doctrine of Paule the Apostole of Jesus Christe, hes divorced and separated hir self fra mutual cohabitation societie and cumpanie of the said Alane hir spous, and be na way wil returne, nor remain wytht hym in familie hous bed and buird, bot wikedlie and stubornlie uterlie refusis to do the sam, in grite and dangerus perrell of hir awin saule, and havie sclander of the membris of this our congregation ; we, heirfoir, being of will and mynde to have the said sclander removit extinguesed and avoded, callit baitht the saidis parteis befoir us, and tuik diligent cognition and inquisition of the sclander [and] offenc foirsaid. And the parteis foirsaidis comperand befoir us, the said Helene allegit and proponit sum defensis and causis quhy sche sould nocht adhere nor accumpanie wytht the said Alane hir spous. Quhilkis defensis, we thynking to be resonable admittit the same to the said Elene probation, and gaif sufficient dilation to hir to preve the sam ; and in terme assignat to hir to preve hir saidis defensis, sche producit and 1 Fror?n in MS. 312 REGISTER OF contra Hclenam Jnglh brocht in befoir us certane honest and famous witnes, quha being resavit admittit sworn and diligentlie examinat in our presence, thaireftir trial takin be us of the said Elene heal allegeances, reasonis, causis, defensis, and hir probationis deducit thairupon, fand and decernit the said Helene to have succumbit and failyeit in probation of hir saidis defensis ; and nochtwythtstanding the same ordanit and decernit hir to adhere to the said Alane hir husband, and to remain wytht hym in hous, bed, buird and mutual cohabitation as becummis faithtful Decrdum spousis to do ; and to this effect hes divers and sundrie tymis e Akino^Rait be our selves, and utheris myd personis of guid fame and con- versation, admonised the said Helene meikle gentely and als wytht threaetining of the paine of excommunication ; quhilkis admonitiounis sche hes stubburnle refusit to obey, and be na way wil adher[e] to hir said husband ; bot contempt ueslie dis- pisis the admonitionis of the Kirk, and wil nocht herkin to the voce thairof, and persistis and contineuis in hir said wikednes, geving evil exempil 1 to utheris to the grite sclandir of the membris of this hole congregation ; and thairfoir mereittis worthelye to be excommunicated, separated and cuttit of from the societie and felouschip of the congregation of Christe Jesus, and all benefltis of his Kirk, and to be deliverit to Sathan for destruction of the flesclie, that the spirite may be saved in the day of the Lord Jesus, according to the doctrine of Paul : heirfoir, having God onlie befoir our eis, and the testimonie of the trew and eternal Word, be this our sentence declaris and denuncis the said Helene Jnglis, for hir grevous offens, occasioun of sclandir and contempt of the voce of the Kirk, excommuni- cated, separated, and cuttit of from the congregation and mistical bodie of Christe Jesus and secludit from al benefitis of his trew Kirk (the hering of the Word of God onlie except[ed)]; delivering hir to Satan for destruction of the flesche that the spirit may be saved in the day of the Lord Jesus; and that nane of the faithtful that fearis God fra this furtht accumpanie wytht the said Helene in commoning, talking, bying, selling, eating, drynking, or uthirwaiis quhatsumevir (except they be appointed be the Kirk for hir amendment) ; wytht certification Exepil in MS. ST. ANDREWS KIRK SESSION. 313 gyf ony dois in the contrail* they salbe reput favoraris and fosteraris of hir iniquite, callit and accusat thairfoir, and being convict, as participant wytht hir, sal resave the lik jugement and sentence wytht hir. In witnes heirof the seal of the said ministere is affixt heirto at Sanctandros, &c. Per dominum Superintendcntem 1 et ministerium civitatis Sanctiandree, die Marcwrii, sccundo die mensis 2 Februarii, anno Do mm i j " l v c Lvv i The quhilk day, Elizabetht Forret, spous to M. Dauid Gaw, Forret, Gaw. producit ane libellat somound of the Superintendentis rasit at hir instance aganis the said M. Dauid, for causis conten n the somoundis. The said Elizabetht comperand be hir self, and the said M. Dauid being laufullie somound oft tymis callit and nocht comperand, the Superintendent and ministerie assignat Wedinsday the nynte day of Februar instant to the Nono Februarii. said Elizabetht, to preve hir somoundis in paine of non com- perence of the said M. Dauid, and he to be somound to heir probation led for the first dilation. The quhilk day, Dauid Nicholsoun, burges of Cowper, is Decretum decernit be the Superintendent and seat to be somound to heir Rauff - and see hym decernit to proceid in mereage wyth Grissil Rauff, according to promis maid be hym to the said Grisil and deflor- ing of hir virginite, or to allege ane resonable caus in the contrar, &c. The said day, Thomas Christe, in Lang Raw, is decernit be ^^ im the Superintendent and seat to present ane madin bairn, Christe in begottin betwix hym and Maige Thowles, to baptisme on LangRau ' Sunday nixt to cum, under pane of excommunication, and that in the parroche kirk of this cite. Per dominum Superintendentem et ministerium civitatis Sancti- andree, die Marcurii, nono die mensis Februarii, anno Dom i n i j m v c lxviij°- The quhilk day, Andro Alexander, alias Gossept Andro, is Decretum admonisched be the Superintendent and seat that in tyme Undream A lex a n der. 1 Stiperindentem in MS. 2 Mensis J. in MS. 314 REGISTER OF coming he suffer na opin cairting and dysyng, nycht walking and drynking, in his hows, under paine of excommunication and impresoning of his persoun. Per dominnm Superintendentem et ministerium c'rcitatis Sancti- andree, die Mercurii, xvj t0 mensis Februarii, anno Domini j m v c lxvi\j°- Decretum contra The quhilk day, James Dudingstoun, maltman, being dilatit Jacobum Dud- * • n j_ • l • 1 • i • • 1 ingsto?i. * or usln g 01 cumpany in eatmg, drinking, and resavmg m nowss- ald Helene Jnglis eftir sche was excommunicated, and chargeit to compeir befoir the Superintendent and ministerie to heir hym punesit thairfoir, comperit and confessit that Helene Jnglis lies bein in his hows sen sche was excommunicated, and lies eattin and drunk in wytht hir : quhairfoir the said James is decern it be Superintendent and ministerie and als admonesed to desist and ceas fra doing siclik in tyme cuming, under paine of excommunication. Scrimgeour, The quhilk day, Johne Scot is becum souerte to entir Male ScoCrijxxiij 0 Robertson his sister befoir the Superintendent and seat this day audit dayis, to ansuere at the instance of James Scrimgeour hir spous, undir paine sic as salbe layit to his charge. Febrtiarii. Die Mercurii, xxiij 0 mensis Februarii, anno Domini j" l i' c Lvviij°- Scot, The quhilk day, Johne Scot, as souerte to entir Male Robert- Robensoun son tn * s °- a Y> to ansuere at the instance of James Scrimgeour hir spous, undir sic panis as the Superintendent sal lay to his chairge, oft tymis callit and nocht comperand, [the seat] 1 remittit the injunction of the paine to Johne Scot to the Superintendent and modification thairof in like maneir. Die Marcurii, penultimo mensis Martii, anno Domini j m v c lxioc°- Wenesoun in The quhilk day, Thomas Weneson, in Kincaple, accusat for Kmcapie. using of the fleschear craft in slaying and selling of flesche upon the Sabbat day, quhilk gevis hym occasion to abyde fra hering of the "Word of God, is admonesed to desist and ceas 1 Omitted. ST. ANDREWS KIRK SESSION. 315 fra sic like in tyme aiming, quha lies promittit to do the sam. The quhilk day, James Thomsoun, dwelland in Balmerynocht, Thomson, being somound wytht my Lord Superintendentis lettres, to heir Sn;l y tht - him decernit to complet and perform the band of matrimonie wytht Jonet Smyth t, according to his promis maid to hir thair- upon, the saidis parteis compering be thame selves the said James denyit al promis. The seat assignat this day aucht dayis to preve the sam. Partibus apud acta citatis. The said day Katharine Awat, dwelling in Balmerynocht, Awat, -ii tto . ri , Maltman. 1 being somoind wytht my Lord Superintendentis lettres, dilatit for commiting of incest wytht hir guidfather callit Andro Malcom, 1 be ane child of twa yeris auld, and presentlie being wytht child e to hym, confessis the offence ; heirfoir ordenis hir to stand thre Sundaiis in sek claytht in the maest patent kirk dur of Balmerynocht ; and in the last Sunday to be resavit to the kirk. And forthir ordenis thame to be committit to the magistratis of the reylm, to be punesed according to ordour takin. Marcurii die sexto mensis Aprilis 1569. The quhilk day, anent the often tymis calling of George Decretum Su- Dischingtoun and Jonet Calland for ane procreatioun of ane ^^is contra childe gottin betwix thame, quhilk departit unbaptizat, and Dischington et i 4- i 4-4.1 • -4- • 4- Caiiand. nocht comperand, except the woman anis compent ; m respect of th air grite inobedience and lang contempt be the space of ane yeir or thairby, the Superintendent, wytht avis of the seat and ministerie, ordanit monition wytht excommunication thair- intil to be gevin aganis them, in cais they continew in dis- obedience. The quhilk day, in the terme assignat to Jonet Smytht to Smyth t 3 preve promis of mareage maid betwix hir and James Thomsoun in Balmerynocht, producit, be the said Jonet, Dauid Kay in Southt Ferritoun of Port in Craig, Thomas Kay his brother thair, and Simon Adam thair, in presence of the said James, nathyng being objectit aganis them, &c. In primis, the said Dauid Kay, sworn resavit and admittit, Primus testis. 1 Sic 316 REGISTER OF deponis that, foure yeris syne or thairby, the deponent was present in Simon Adam hows quhen James Thomson and Jonet Smytht maid mutual promis of mareage ilk ane to uthir, and at that tyme ilk ane content of uthir, in presence of Sande Mathow in Kilburnis, Henry Boy tour, Simon Adam, and Thomas Kay, and was contentit that thair bannis sould bein proclamat on Sunday nixt thaireftir. And in verification heirof the deponent promittit of his gear to the said James iiij lio., and Simon Adam promittit iiij bollis malt. Secundus testis. Thomas Kay secundus testis conformis Dauidj Kay primo testi. Terti?is testis. Simon Adam, father of law to Jonet Smytht, witnes, sworn resavit and admittit, deponit conform to the first witnes ; and forthir deponis that he hard and saw the promis maid, and held up handis for performing of the premissis. The Superintendent and seat set to the said Jonet, to preve for the secound dilation, this day audit dayis, partibus apud acta citaiis. The quhilk day, Johne Kenlowy is decernit to desist and ceas fra accumpaniing wytht Margaret Gibson, dochtir to Stevin Gibson, in the said Johne chalmer and all utheris places suspect, under panis to be injonit be the Superintendent and seat. Rij. Kenlowy. Die Mercurii, xxv'ij 0 mensis Aprilis, anno Domini j m v c lxix°, per Superintendentem et sessionem. Jamesoun, Anent the pley of promis of mareage be Elspet Jamesoun Staig, Hj. aganis Thomas Staig, and they being somoind to this day the said Thomas and Elspet grantis that they [had] 1 carnail deal togethir, upon the first Marye-day last was and syndry uthiris tymis sen syne ; and the said Elspet was haldin and reput ane virgine at the said tym. And quher the said Elspet allegis promis of mareage maid to hir be the said Thomas, he denyis al promis ; and the said Elspet, becaus sche lies nocht pro- bation, referris the promis to his aitht simpliciter. And Thomas being sworn denyis al promis. And as to the deflor- ing of the said Elspet virginite, he sais he kennis na thing of 1 Omitted. ST. ANDREWS KIRK SESSION. 317 hir bot guid and honestie quhill the tyme he had deal wytht hir. Bot he allegis that thre yeris syne or mair, he maid ane secrete promis of mareage to Besse Dudingston, and sone thair- eftir begat ane bairn of hir ; and at baptising of the said bairn he maid ane opin promis of mareage to the said Besse, in presence of the parrochionaris being present for the tyme, and Stevin Dudingston of Sandfurde. And the said Stevin, at that tyme, becam souerte for the said Thomas that he sould perform his said promis wytht the said Besse. And sen syne the said Thomas confessis that he lies had carnal deal wytht the said Elspet Jameson, quhilk Elspet allegis hir to be wytht bairn to the said Thomas. The Superintendent set this day aucht dayis to gyf his decrete heirintil, and ordanis ane somoundis to be direct to somound Stevin Dudingston of Sandfurd and Besse Dudingston and utheris to be nominat, for declaration of the verite in the premissis. The quhilk day, Maister Johne Dalglesche being accusat for Daigies, having in cumpany wytht hym Jonet Wemis quha is ane per- Wemis soun excommunicated, M. Johne confessis mutuall societe wytht hir this lang tyme bygain, and now allegis the said Jonet to be deidlie seik, and quhow sone [it] 1 sal pleas God to restoir the said Jonet to hir heal, oblesis hym that he and sche sal cum and submit thame to correction of the Kirk in sa far as the Kirk is offendit wytht thame, and satisfie the Kirk thairfoir. The quhilk day, Maister Thomas Methtwen 2 being callit Appreving of and accusat for nocht assemling wytht the rest of the congre- Thomas b Metht- gatioun to the communion, according to the ordour tane, and ™ en and ™" . o ' & ... breassing thair- thairfoir in respect of his absence to pay xl s. to be distributit of in al points, to the puir for nocht compering to examination and com- munioun. M. Thomas ansuered, nocht for ony contempt or that he was nocht persuaded of the religion acceptat, and forme and maneir of the ministration of the sacramentis used, bot movit of necessite to pas to his freind the Laird of Pomais quha was in extrimite of deatht ; and opinlie protestat that he imbrased alreddye the religion now resavit and mentenit, and promittit faithtfullie to communicat wytht the rest at ministration of the communion ; and abhorrit and detestit al 1 Omitted. 2 For his accusation, proud answers, and decreet against him, see pp. 135-13S. 318 REGISTER OF superstition and Papistre and abusing of the sacramentis in tyme bipast, wytht transsubstantiation, imparation, and al utheris erroris in tyme bipast. Die Mercurii, prima Junii, anno Domini j m v c locix°- Resaving of The quhilk day, Laurence Dalgles comperit befoir the gles to religion, assemblie, and being desyrit to imbrace and resave the religioun offerit to us be the grite favour and mercy of God, imbrased and resavit the sam, and apprevit it in all pointis, wytht the maneir and form of administration of the sacramentis observit and resavit, renuncing idolatrie superstitioun and Papistrie, befoir authorized in tyme of the Paip and the Antechristis kingdome ; and promittis faithtfullie to gyf opin testimonie and confession thairof, be communicating wytht the rest of the brethrin the nixt tyme the communion beis minis- trat. In witnes of the quhilk the said Laurence hes subscrivit thir presentis frelie, and wythtout fear or compulsion, day and yeir abuif writtin, wytht his awin hand. Laurence Dalglesche. Decretum The quhilk day, the Superintendent, wytht avis of the assem- Skirimg. h\ie, hes ordinat and decernit Andro Lamb to compleit the band of matrimonie wytht Besse Skirling, according to the promis thairof maid be hym to the said Bessie wytht carnal deal following 1 thair upon, nochtwythtstanding the pretendit contract of mareage maid betwix hym laetlie and Margaret Lamb, undir panis to be injunit thairintil. Thir actis and ordinances following sould have bein inserit 2 in thir bukis, upon Wedinsday the xviij day of Maii last bipast. Die Mercurii decimo octavo Maii 1569. Dischingtoun, The quhilk day, in respect of the promis of mareage, con- Caiiand. fessit in presens of the Superintendent and assemblie, maid 1 Folloivit in MS. 2 Inserted. ST. ANDREWS KIRK SESSION. 319 betwix George Dischingtoun and Jonet Calland wytht carnal dail following thairupon, the Superintendent, wytht avis of the assemblie, hes decernit the saidis George and Jonet, willinglie consenting heirto and of thair awin propir confessiounis, to proceid and perform mareage, according to thair promis, be- twix this and the xv day of August nixt to cum, undir paine of excommunicatioun ; and hes differrit the satisfactioun to be maid to the kirk to the day of thair mareage ; and ordanis the bannis to be proclamat betwix the saidis personis the thre nixt Sundaiis immediatlie and nixt following. The said day, in respect of the grite transgressiounis doin be Kircaidy, Maister Andro Kircaidy and Sir Johne Bowsye, and of thair Bowsye " grite contempt and inobedience, the seat ordanis thame to compeir twa several Sundays in the kirk of Wemis clethit wytht sek-claitht, and thair in presence of the hael peple sal stand in sum opin place of the kirk, as the minister sal appoint, in tyme of preching ; and eftir the preaching the secound Sunday sal upon thair kneis ask God and the congregatioun forgevenes, quhom they have ofFendit and sclanderit. And Maistir Andro sal pas to Kilconquhar upon ane Sunday im- mediatlie thaireftir, and thair sal ask God and the congregation forgevenes, for solemnizing of mareage of Johne Wemis and Effem Wemis umquhill Lady of Kilconquhar, by al guid ordour and wythtout proclamation of bannis, &C. 1 I, Maister Dauid Dischingtoun, am content and promittis m. Dauid faithtfullie be thir presentis that, gyf the Superintendent of j^ n $ oun Fviff and Maister Robert Hammiltoun minister of Sanct- j.^ 1 ^^ andros wil assure me on thair consciences that the ordour now usit be thame in the kirk of God concerning the ministratioun 1 In the General Assembly, on the 25th of December 1565, 'Mr. Johne Winram complainit upon the said Mr. Johne Frude [minister of Dalmeny], that by his counsell and perswasion the Ladie Kilconquhar and Johne Weymis had contractit mariage [f>er] verba de presenti, notwithstanding that ane woman, called Elizabeth Pot, had claimed the said Johne Weymes before the Superin- tendent, whilk clame was not yet justified ; and that Mr. Andro Kirkadie had maried the saids persouns, after the minister was departed out of the kirk where they were maried.' It was ordained that the parties should answer to the com- plaint before the end of that Assembly, but the result is not clear (Booke of the Universal! Kirk, i. 66). Andrew Kirkcaldy is mentioned as a notary in 1529 and 1534, and also as a presbyter in 1545 ; and Bowsey as a notary in 1572 (Sir William Fraser's Memorials of the Family of IVemyss, ii. 156, 170, 209, 278). 320 REGISTER OF of the body paid bluid of Christe is treulie usit and ministrat, according to Christis institutioun in his lettir supper; and that at resaving of the bread and wyne, I resave spiritualie be faitht the body and blude of Christ, and my saule is nuresed thairby to lyff eternal lyke as my body is nuresed be braed and wyne, quhilkis ar signis and sealis of Goddis promis to al men that worthelie communicatis, in maneir abone wryttin ; and gyf they wil assuir me heirof as said is, I sal, God willing, compeir on Wedinsday nixt to cum in the counsal hows befoir the assemblie of the kirk and j one me thairwytht, and promit treulye to be participant of Christis communione at the nixt ministration thairof. And this I promis me to do be this my hand wryte, at Sanctandros the xv day of Maii 1569. And this promis is subscrivit in maneir following : M. Dauid Dischingtoun wytht my hand. Maister Dauid Russal promittis the sam in name of my broder abone writtin. The xviij day of Maii 1569. Adjunctioun of The quhilk day, Maister Dauid Dischingtoun comperit Di'schfngtoun befoir the assemblie, and, eftir the Superintendent and minister toreiigioun. had satisfiit hym as is abone wryttin, adj unit hym faith tfullie to the religioun and imbrased the sam, &c. wytht the maneir and form of the ministration of the sacramentis now used, renuncing and refusing the contrary, and promittit opinlie as is befoir wryttin. Die Mercurii, decimo quinto mensis Junii, anno Domini millesimo quingentesimo sexagcsimo nono. Decretum The quhilk day, the Superintendent and ministerie hes S patricium ordanit and decernit ane citatioun to be gevin furtht upon Ramsay. Patrik Ramsay, to compeir befoir this seat upon Wedinsday the xxij of Junii instant, to gyf his declaration upon the trewtht of ane madin bairn allegit gottin betwix hym and \blank\ and gyf he be the father of the bairn or nocht ; and confessing the sam, he to be decernit to present the bairn to baptisime ; wytht intimation gyf he comperis nocht, the bairn ST. ANDREWS KIRK SESSION. 321 sal be haldin his awin, and proces of excommunication to be led aganis hym, becaus he hes bein often tymis of befoir admonesed twa yeris bigane and maid continual disobedience. Die Mercurii, vigesimo secundo Junii, anno Domini 1569. The quhilk day, Elizabetht Crychttoun Lady of Carmurie Decretum j ti j ;i g-\ i_« j i « jiiio • solemnitationis and Jratnk Gray nir servand, being somound be the ouperin- matrimonii tendentis lettres deulie execut and indorsat to compeir this day, ^f/" } ^f fon as they that, upon Sunday the twelf day of the monetht of Junii instant, at proclamatioun of the bannis for the thrid tyme betwix George Dischingtoun and Jonet Calland, inter- ponit thame selves allegeand that they had sum resonable causis to propone and allege quhy the saidis parteis mycht nocht nor sould nocht proceid to completing and solemnizing of the band of mareage : the saidis Elizabetht and Patrik being diverss and syndre tymis callit to propone and allege the saidis resonis and causis and nocht comperand, the 1 sessioun — quhom to the Superintendent committit the triall and discussion of the saidis causis gyf ony had bein proponit in his absence — becaus na causis war allegit nor proponit, decernit and ordainet the minister of Kilconquhar to proceid to the solemnization of mareage betwix the saidis parteis, at the tyme ellis prefixit thairto, to wit, the xv day of August nixt to cum, or sonar gyf it sal pleas thame, and charge to be gevin to the said minister to that effect gyf myster be. Die Mercwrii, sexto Jidii anno Domini 1569. The quhilk day, Jonet Smytht producit the Superintendent Smytht, lettres deulye execut and indorsat upon Alexander Mathow in Balmerynocht and Henry Boytour in the Byris thairof, to bear witnessing in the action and caus of promis of mareage per- seuit be the said Jonet aganis James Thomson in Balmery- nocht, and als upon the said James to heir the said witnes sworn resavit and admittit to examination, al personlie appre- hendit as the indorsation bearis. Na persoun comperand the 1 T/ie the in MS. x 322 REGISTER OF seat referrit the ordour to be takin thairintil to the Superin- tendent. Waicar, Dai is. The said day, anent the clame of promis of mareage perseuit be Agnes Waicar aganist Johne Daiis smytht, bayth 1 parteis comperand be thame selfis, the said Agnes of hir fre motive will dischargit and be the tenour heirof dischargis the said Johne of al promis of mareage maid to hir ; and als wytht hir a win consent and in ful contentatioun for defloring of hir vir- ginite, to hir support and help lies resavit Thomas Layng in Eleine Hill souerte and ful dettour for the said Johne, to con- tent and pay to hir five merkis usual money of this realm, or evir the said Johne be mareit wytht ony uthir person. Die Mercurii, vigesimo Julii 1569. Dischingtoun. The quhilk day, Maister Dauid Dischingtoun being callit and accusat for nocht presenting hym self to the last com- munioun, according to his promis quhen he adjunit hym self to religioun, Maister Dauid comperand allegit partlie for veseing of his freind Maister Dauid Gaw, quhom to he was gritlie addettit, quha then was extreimlie handillit wytht seiknes, and partlie for seiknes and alteration of his bodie that he incurrit in the mean tyme he could nocht cum to the communioun ; and testifiit befoir God that this was the just caus of his absence and absentit nocht hym self hipocritaclie nor subter- fugii causa. The seat hes decernit and ordinat this excusa- tioun to be publist be the minister on Sunday nixt to cum, and Maister Dauid to be present 2 and confes the sam and appreve his adjunction and imbreassing of our religion. Die Marcwii, decirno mensis Augusti, anno Domini j m v c locioc°. jnglis, Rait. The quhilk day, Elene Jnglis spous to Alane Rait comperit in presence of the assembly, and for hir offences hes referrit hir and offered hir to correction and discipline. The seat hes ordanit hir offir to be publist be the minister upon Sunday 1 Be in MS. 2 Pre sent lie in MS. ST. ANDREWS KIRK SESSION. 323 nixt to cum, and continewat the decreit of correction to be pronuncit upon Wedinsday the xvij day of August instant. Die Mercurii, xxmj t0 mensis Augusti, anno Domini millesimo quingentesimo seocagesimo nono. The quhilk day, the sessioun hes ordeined Laurence Dalgles Laurence to cum to the parroche kirk upon Sunday nixt to cum, and to Dalgles - remain to 1 the sermon be finisched ; and thaireftir the minister for the tyme sal publis the act subscrivit be the said Laurence of his adjunction to religioun and imbrasing of the sam, and to ratifie and appreve the said act and his adjunctioun ; and als the minister sal publis the caus and excusation maid be Laurence of his remaning fra the last communioun and testifie >z the sam to be of verite, and that he baid nocht fra the com- munioun of set purpos nor hypocriticallie, nor yet sal absent hym self thairfra in tyme cuming, undir paine of excommuni- cation. Die Veneris, decirno quarto mensis Octobris, anno Domini j ,n v c lx nono. Eldaris electit and chosin. Maister Johne Dowglas, Rectour Maister Martine Geddye Maister Thomas Balfour Maister William Cok Maister William Ramsay Johne Motto, Johne Muffat Maister Alane Lawmontht Charles Geddye Maister James Wilke Maister Johne Bonkil Thomas Walwod James Forret in Polduff. Diaconis electit and chosin the said day. William Gifferd George Blak William Zwill Charles Guthre Alexander Myllar Robert Murray Alexander Roucht Thomas Layng in Elein-hil William Main Dauid Froster in Kincaple. Remain /in MS. - Testitifie in MS. 324 REGISTER OF Die Mercurii, secundo Novembris 1569. Dilatioun to be The said day, it was devisit statut and ordinat that gyf thair seat. n UP be ^ e on y °f the sessioun that kennis ony adulteraris fornicatoris or [persounis] 1 culpable of ony uther crymis, that they sould gyf up thair dilation this day audit dayis. Die Mercurii, nono Novembris 1569. Maiing. The quhilk day, the sessioun lies ordinat Agnes Maling to be warnit to compeir befoir the assemblie this day 2 aucht dayis, to ansueir to sic thingis as sche salbe accusat of. Dischington. Item, siclik Maister Dauid Dischingtoun to be warnit in lyke maneir. Ramsay. Item, siclike Patrik Ramsay of Culluthye to be warnit in like maneir. Die Mercurii, decimo sexto mensis Novembris, anno Domini 1569. Maling. The quhilk day, Agnes Maling is decernit be decreit of the sessioun to bryng ane sufficient testimonial that, the bairn begottin betwix hir and Maister James Lermontht, Provest of Kirkhill, was baptizat in Marie-kirk of Abirluthtnot, and Septimo Decern- that sche maid satisfaction to the kirk thair as sche allegis, brts ' the vij day of December nixt to cum. Damy, Pater- The said day, Petir Derny and Marioun Dande alias Pater- soun ' soun dilated, and callit befoir the sessioun, of fornication, comperit and confessit thair offence ; and the seat referrit the punition of them to the magistratis. Die Mercurii, vigesimo primo Novembris, anno Domini millesimo quingentesimo sexagesimo nono. The quhilk day, Marable Ryad, 3 in Byrhillis, being dilatit to the seat of fornicatioun, confessit that sche buir ane bairn to Confessio Read. 1 Omitted. 2 Dayis in MS. :i Altered from Read, probably meant for Rynd. ST. ANDREWS KIRK SESSION. 325 Johne Corstorphine cowper, brother to Martine Corstorphine in Byrehillis, at Martimes was twa yeris ; and the seat ordanis Joriet Annel in Pukie, Jonet Paterson and Jonet Brown thair, quha was wytht the said Mirable the tyme of hir birtht, to be somound to testifie quhom on the said Mirable fatherit hir bairn the tyme of hir birtht. Die Mercurii, septimo die mensis Decembris', anno Domini 1569. The quhilk day, the session hes continuat the action and Superintendent, caus intentat be the Superintendent of his office aganis Dauid Beton ' Leslye - Betoun off Creicht and [blank] Lesly his spous, in presence of the said Laird and Lady, undir hoip of concord, to ferd day of Quarto Januar nixt to cum. The saidis personis warnit apud acta. Die Mercurii, ocmj to Decernbris 1569. The quhilk day, Jonet Paterson in Pukye, and Jonet Brown Depositions. thair, witnes, warnit at command of the seat to testifie in sa Brown. far as they ken quha was the father of the bairn borne be Marable Rynd in Byrehills, twa yeris syne or tharbi, quha, comperand and sworn, deponit they war present wytht the said Mirable the tyme of birtht, and, incontinent eftir sche was Rynd, Cor- ,,. ., i i • /-i-ii -i» «ii • storphine. delivent, hard hir say, (rod let hir nevir be bettir nor sche was sche head nevir carnail deal wytht man bot wytht Johne Corstorphine, Beiggis Fermour sone, and the bairne was his. Die Merewrii, xocj"' 0 Decernbris 1569. The quhilk day, Andro Lawson, in Nethir Mawgis, sworn, Chaepien, deponis that he was present quhen Jonat Lawsoun, now nurice Lawson > ' in Lathokir, pat the bairn begottin betwix Johne Chaepien in Ladedey and the said Jonet to ane mylk 1 woman in Strakinnes, quhilk woman name the deponent kennis nocht, nor quhat sche promised to the said mylk woman the deponent kennis nocht ; and [the seat] 2 ordanis the said Jonet to cal Catherine Mvir in Bwnfeild and witnes, to this day aucht dayis, to bear witnes Myk in MS. 2 Omitted. 326 REGISTER OF and testifie that sche deliverit the bairn to the said Catharine in nurisching, &c. Durye, Wob- The said day, anent the Superintendents somondis rasit aganis Dauid Durie, at the instance of Johne Wobstar, for the allegit interruption maid be the said Dauid to the said Johne for reding of the prayeris on Sunday was aucht dais, comperit Dauid and grantis that he tuik the said Johne prayer buik and laid it bi, and said, Ye sal nocht reid heir sa lang as the parrochion plesis me ! and allegis that the Superintendent 1 admittit hym to be redar be word at the kirk style of Moni- meal, upon Moninda eftir Sanct James day last bipast, the Superintendent then being in Monimeal at his visitation : and forder allegis that Johne Wobstar maid nocht the prayeris in the kirk of Monimeal sen Al- hallo wmes was ane yeir. And Johne allegis that he offered hym syndry tymis to reid the prayeris and was stoppit. Ad probandum hinc inde allegata hod'ie ad octo. Die Mercurii, xxvi'ij 0 Decembris, 1569, presente Super xntendente. The quhilk day, in the caus of allegeances maid be Johne Wobstar aganis Dauid Dury, in the terme assignit to preve the allegeance, being somond Johne Spens in Lethem, Dauid Dun- can in Monimeil, William Mylis, William Paterson, Alexander Anderson, Johne Hew, Henry Mathye, and Dauid Anderson, comperit Johne Hew and Henry Mathye, admittit and sworn in presence of Dauid Dwry. The rest of the witnes decernit contumaces. Henrye Mathye, witnes, producit sworn resavit and admittit, examinat, deponis that he kennis perfitlie and saw Johne Wobstar cum syndry tymis to the parroche kirk of Monimeal to say the prayeris, and offered him to say the prayeris, and saw nevir impedment maid to hym be Dauid Durye. Johne Hew, conform to Henry Mathye, and ekis that Dauid Dwry said to Johne Wobstar, Ye sal say na prayeris heir, quhill ye schaw 2 the Superintendent writing to dischairge me and that ye ar admittit. [Wobstar, Durye.] Superintend it in MS. - Ye schaw the schaw in MS. ST. ANDREWS KIRK SESSION. 327 The said day, in the terme assignit to Dauid Dury to preve [Durye, his allegeance aganis Johne Wobstar, producit Alexander Wobstar - Sibbald of Rankelo, 1 Florence Auchtmowty, Johne Spens, William Mylis, Dauid Dwn, Thomas Schewes : quhairof com- perit Alexander Sibbald, Florence Auchtmowty, and Thomas Schewes. The rest decernit contumaces. Alexander Sibbald, sworn resavit and admittit, deponis that he was present and hard the Superintendent admit Dauid Dury redar of Monimail be word. fflorence Auchtmowtye deponis that he hard nocht the Superintendent admit Dauid Dury to be redar be word. Thomas Schewes, resavit sworn and admittit, kennis na thyng in the mater. The said day, the Superintendent lies decernit Johne Wob- Wobstar, - . . Dury, rij. star and 2 Dauid Dury to [do] 3 diligence for thair witnes, somond and nocht comperand, this day aucht dayis, and to somond utheris witnes gyf they pleas for the second dilation. Die Mercurii, quarto Januarii anno Domini 1569. The quhilk day, anent the somoundis rasit at the instance Wemh de of the Superintendent of his office aganis Johne Wemis of that Ilk and Jonet Trail his spous, 4 anent thair adherence in bed and buird as man and his wyf aucht to do of the law of God, and anent sic thingis as he was to inquire of them, at thair compering befoyr 5 hym, of his office, &c, [as] 3 at mair 1 Over-Rankeillour belonged to the Sibbalds, cadets of the Sibbalds of Bal- gonie, for several centuries, and from them Sir Robert Sibbald, the ' eminent physician, naturalist, and antiquary,' was descended {History of Fife, 1803, pp. 393, 394 ; Anderson's Scottish Nation, iii. 450). 2 And and in MS. 3 Omitted. 4 In 1556 Sir John Wemyss of that Ilk divorced Margaret Otterburn, whom he had married in 1534 ; and, before the 21st of February 1557-8, he married Janet Trail, daughter of Alexander Trail of Blebo, and widow of John Ramsay of Ardbekie. She is called Lady of Lumbeny in March 1569. Sir John died in the end of January 157 1-2. He had a family by each of his wives ; and five sons and one daughter besides, of whom three were legitimated. 'Janet Trail was still alive in June 1575, when her step-son, David of Wemyss, paid her ^"iooo Scots, in full satisfaction of all her claims of terce or conjunct infeftment ' (Sir William Frasei 's Memorials of the Family of Wemyss, i. 150-155). 5 Be in ms. 328 REGISTER OF xx~J° Januarii. [Durye appelis. ] [Wobstar, Durye.] Wobstar, Durye. xj° Januarii. Beton, Leslye, Dauid Beton of Creicht. xx if* 0 Febru- arii. Superintendent, Symson. lyntht is contenit in the somoundis ; becaus nane of the parteis comperis to schaw ane resonable caus quhy they sould nocht adheir togethir, and becaus the Superintendent is nocht desyrus to do ony wrang or be ower lieasty in proceding aganis ony of the parteis, bot rather to gyf to them sufficient tvme to produce thair defensis, and in hoip of concord be mediation of freindis, [he] 1 ordanis the saidis personis to be somound to compeir personlie upon Wedinsday the xxv day of Januar instant, to produce al thair defensis quhy they sould nocht adheir ; wytht certification gyf they compeir nocht in thair awin propir personis to the effect foirsaid, the Superintendent wil decerne them simpliciter to adheir. The quhilk day, Dauid Durye, allegeing hym to be hurt be the Superintendent and assemble of Sanctandros, appellat to the General Assemblie of the Kirk. The said day, Johne Spens, witnes, producit for Johne Wobstar, sworn resavit and examinat, deponis that he saw Johne Wobstar offir hym to sav the prayeris in the kirk of Monimail, and was stoppit be Dauid Dwry. William Mylis conform to Johne Spens. William Paterson conform to Johne Spens. Alexander Anderson conform to Johne Spens. The said day, the Superintendent assignit Wedinsdav the xj day of Januar instant to pronunce in the action persewit be Johne Wobstar aganis Dauid Dury, and ordinat Dauid Dury to be warrint be ane somoundis to the said day. The quhilk day, anent the adherence betwix the Laird of Creicht and his wyffe, the Superintendent, wytht avis of the assemblie, assignit Wedinsday the xxij day of Februar nixt to cum to gyf in and schaw al thair causis and resonis quhy they sould nocht adheir ; wytht intimation gyf they compeir nocht that day to the effec foirsaid, the Superintendent wil decerne them simpliciter to adheir. Partibus predictis apud acta citatls. The quhilk day, Johne Symson, wrycht in Monimaill, somond to this day, and accusat be the Superintendent for having carnal deal wytht Maige Burd and Maige Colein, he being mareit wytht Maige Prvde, den vis adulterie committit 1 Omitted. ST. ANDREWS KIRK SESSION. wytht Maige Burd ; and 1 confessis he lies had carnal deal wytht Maige Colein. The Superintendent deferris the carnal dail wytht Maige Burd to forthir trial, and somoundis hym to com- peir befoir the General Assemblie of the Kyrk the second day Suundo of Marche nixt to cum, to resave his injunction is of the Kirk for adulterie committit wytht Maige Colyne ; and admonesit be the Superintendent to absten fra forthir deal having wytht the said Maige Colyne, undir paine contenit in actis 2 of Parliament. Die Marcurii, decimo octavo mensis Januarii, anno Dom in i j'"v c lv'uv' t0 - The said day, Maister Johne Dalglesche is decernit, be 3 sens- mj Dalgiesche, ment of the Superintendente and assemblie, to remuif Janet Wemls - Wemis persoun excommunicated furtht of his cumpany and mutual cohabitation wytht hym in hows bed and buird wythtin xv dayis, or ellis this day aucht daiis to preve sufficientlie that the said Jonet is his mareit spous, undir paine of excomm u n i cat i on . Die Mercurii, J\vi ,t0 mensis Januarii, anno Domini j m v c lcvix n0 - The quhilk day, in the terme assignit to Maister Johne Dalglesche, Dalglesche to compeir this day to preve sufficientlye that Jonet Wemis - Wemis is his mareit wyffe, becaus Maister Johne comperis nocht the session ordanis and decernis the said Maister Johne to remuif the said Jonet Wemis furtht of his cumpany, accord- ing to the ordinance of the last act maid thairupon, under paine of excommunication. The quhilk day, comperit Besse Ballingal, relict of umquhill Baliingai, George Myllar, and complenit upon Johne Myllar, hir sonne, M y llar - that quhair upon Setterday the xxj day of Januar instant, undir silence of nycht, the said Johne schot hir and possit 4 hir wytht his feit, and ruggit the curche of hir head, and callit hir blarit carling, wytht mony utheris injuries wordis, then and of befoir ; and desirit the session that sche mycht have remeid. And the said Johne, being warnit be Alexander Roucht and And and in MS. - Actistis in MS. :! Ba in MS. 4 Pushed or pounded. 330 REGISTER OF Alexander My liar deakinnis to compeir this day befoir the session, contenualley disobeyt, thairfoir the session committit hym to the magistrates. Die Mercurii, primo Febmarii, anno Domini millesimo quingentesimo sexagesimo nono. Ogiiwy, Zwill. The quhilk day, Christen Zwil, dochtir to William Zwil in Ergail, deponis, in the presence of God and the assemblie, that upon the sextein day of October last bipast, eftir commoning of contract of mareage betwix William Zwill hir father and Patrik Ogiiwy and they nocht aggreand thairupon, the said Patrik cam to the said Christen, and said to hir, Christen thair is bot ane litle distance betwix your father and me, and yit I trow we sal aggre. And the said Christen being sorye thairat, the said Patrik said, Christen I promit I sal nevir have uthir wyf bot yow. Quhilk promis the said Christen was and is yit content of, and William Zwil hir father apprevis the sam, and attour the said Patrik sayis and affirmis that he maid promis of mareage to the said Christen be gevin his hand to hir that he sould marye hir, and als swearis that he nevir maid promis to ony uther woman. And the said Christen swear that the thingis deponit be hir is of [trjutht and veritie, as sche wil ansuere in presence of God upon the day of jugement. And forthir the seat ordanis William Stevinson and his dochtir to be warnit to compeir this day aucht dayis, to ansueir to sic thingis as salbe inquirit of them ; wytht certification gyf they compeir nocht, they sal nocht be hard eftirwart to oppone or object aganis the promis of mareage maid be Patrik Ogiiwy to Christen Zwill. Dccretum ses- r p} ie quhilk day, the sessioun hes ordanit public admoni- swnis contra M . . . A . ■ /• »i -»rxi taii johanmm tioums to be gevin iurtht upon M. Jonne Ualgles, to remuir Daighsdu. Jonet Wemis persoun excommunicated furtht of his cumpany and mutual cohabitation, 1 under paine of excommunicatioun, conform to the ordour ellis takin in the kirk. Excommunication in MS. ST. ANDREWS KIRK SESSION. 331 Die Mercurii, octavo die mensis Februariij anno Domini 1569. The quhilk day, Maister Jobne Dalgles producit his com- Daigiesche plent to the seat ; the assemble, being present wanting ane r p c ^ruaHi grite numbir thairof and in spetial the Superintendent and minister, continuat ansuere to the complent to this day xv davis, to wit, the xxij day of Februar instant. Die Mercurii, vigesimo secundo Februariij anno Domini jm v c seocagesimo nono. The quhilk day, the seat, in respect of Jonet Patersoun Decreit of the aitht gevin and depositiounis of witnes maid anent the bairn tSngorfohn born be the said Jonet to Johne Corstorphine, ordanis the said Corstorphine ill* Dairn - Jonet to cum to the parroche kirk of tins citie and mak hir repentance, and that being doin the bairn to be presentit to baptisme be sum of the said John freindis. The quhilk day, in the terme assignit be the Superintendent Beton, Lesiy. to Dauid Betoun of Creicht and Beterage Lesly his spous, to gyf in al thair resounis and causis in write quhy athir of them aucht nocht to adheir to utheris, to remain in the band of matrimonye contractit and solemnizat betwix them ; the saidis personis comperand be thair selves, the said Dauid allegit that he had na caus nor resoun to produce or schaw quhy he aucht nocht to adhere, and is content to adheir. And Beterage desvrit aggreance wytht avis of freindis and in spetial of hir brother, my Lord of Rothes, quha is presentlie of the realm, and belevis hym schortlie to cum hame ; and thairfoir desyrit continuation of the caus to my Lordis hame cuming. The Superintendent, wytht avis of the assembly and consent of parteis, continuat the caus to the xv day of Marche nixt to xv*> Martii. cum ; wytht certification gyf Beterage producis nocht hir resonis and causis, the said day, quhy sche sould nocht adhere, the Superintendent wil decerne hir simpliciter to adhere under paine of excommunication. Partibus apud acta citatis. Die Marcurii, decimo quinto mensis Martii, cumo Domini jm v c sexagxsimo nono. The said day, in the terme assignat to Beterage Leslye to Betoun of gyf in all hir causis and resonis in write, quhy sche sould nocht Creich> Lesl . ve - 332 REGISTER OF adhere to Dauid Betoun of Creicht, hir spous, in bed buird and mutual cohabitation, according to the last act of this caus, maid upon the xxij day of Februar last bipast, the assemblie, in absence of the Superintendent, wytht consent of parteis, con- tin uat the said caus, in the sam stait form and effect as it is now, to the xij day of Aprile nixt to cum. Partibus apnd acta citatis. The said day, William Zwil, father to Christiane Zwil, schew to the seat the grite infirmite and seiknes of Patrik Ogilwy, his guid sone, contractit wytht the said Christiane, ellis handfast be promis of mareage maid betwix them and thair bannis laufullie proclamit ; in respect of the said Patrik deadlie infirmite, requirit and desyrit of the seat that the solemnizatioun of the mareage betwix them mycht be solemnizat this day, nocht- wythtstanding the act and ordinance maid that na solemnization sould be maid publiklie in face of the congregation [bot] 1 upon ane Sunday. 2 In respect of the premissis and utheris circum- stances moving the seat for the tyme, the seat condescendit and grantit the said request. Die Mercurii, vigesimo secundo mensis Martii, anno Domini j m v c lxix n0 ) in presentia domini Superintendents niinistri et sessionis. Decretum The said day, the sessioun ordanis Maister Johne Dalgles, M. Johamiem this nixt Sunday the xxvj of Marche instant, to be publiclye Dalgles. admonesed to remove Jonet Wemis persoun excommunicated furtht of his cumpany and mutual cohabitatioun wythtin viij dayis, under paine of excommunication, in respect of diverss admonitionis maid of befoir quhilk he lies nocht obtemperat. Spens, Kairnis, The quhilk day, anent the somoundis rasit at the instance riJ ' of Margaret Spens spous to Henry Kairnis aganis the said Henry, the sessioun decernis and ordanis the said Henry to be somound of new to this day audit dayis, and in the mean 1 Omitted. 2 ' The Sunday befoir sermon we think most convenient for mariage, and it to be used no day ellis without the consent of the hoill ministerie ' {First Book of Discipline ninth head). ST. ANDREWS KIRK SESSION. 333 tyme the Rectour, minister, M. Thomas Balfour and Maister Martine Geddye to speak the said Henrye, to se gyf he may be reconciled wytht the said Margaret. The said day, Robert Braed, being dilatit to be ane Papist Decretum and mentenar of Papistrie, is decernit be the sessioun that gyf Robert urn evir he be fund dilatit of the premissis again [he] 1 sal pay to Braed - the collectouris to the puris ten lib. to be takin up wythtout forgyfnes, and nocht to be admittit to the nixt communioun wythtout he gyf confession of his faitht. Die vigesimo nono mensis Martii, anno Domini millesimo quin- gentesimo septuagesimo. The said day, the sessioun, in respect of Jonet Wemis Ordinance of obedience schawing, ordanis hir, upon Sunday nixt to cum, to anenTjonet cum to this parroche kirk, and thair to resave sic discipline Wemis. and correction as salbe injuned to hir, for hir heicht contemp- tioun in lang lying under excommunicatioun be the space of foure yeris or thairby ; and intimation heirof to be maid to the peple in the doctrine on Fryday nixt to cum ; and this dispensatioun for this present the seat hes grantit to [hir] 1 be reasoun of the said Jonettis grite seiknes and infirmite. The said day, anent the complent of Margaret Spens aganis Decretum Henry Kairnis hir spous, the sessioun hes thocht expedient that S KairViis^et US the Rectour, the minister, Maister Thomas Balfour and s Pf ns conjuges, Maister Martine Geddye to speak the said Henry, and gyf he wil nocht use thair counsal anent resaving of the said Margaret to hows bed buird and mutual cohabitation, &c, he to be publiclie admonesed to that effec in write, under paine of excommunication, &c. ; and to be summound to that effect to this day audit dayis. Die Mercurii, decimo nono mensis Aprilis, anno Domini j" l v c septuagesimo. The said day, the sessioun ordanis ane writing to be direct Daigies, to Robert Boswel in Ryallie, to compeir befoir the session this Wemis- 1 Omitted. 334 REGISTER OF day aucht dayis, to propone and allege caus gyf he ony lies to stop mareage betwix Maister Johne Dalgles and Jonet Wemis ; wytht intimation gyf he comperis nocht, command sal be gevin to George Blak redar to proclame the bannis on Sunday nixt to cum betwix the said Maister Johne and Jonet. Die Mercurii, vigesimo sexto mensis Aprilis, anno Domini 1570. Decretuin pro- The said day, in the terme assignat to Maister Johne Dalgles C tennontm inter ^° re P r °duce Robert Boswel ansuere of the writing direct be M. joannem the session to hym befoore the proclamation of bannis of mareage Jonet am betwix the said Maister Johne and Jonet Wemis, comperit the said Maister Johne Dalgles, quha schew to the seat ane decrete absolvitour of the commissaris of Edinburght, pronuncit betwix the said Jonet Wemis and Robert Boswel, subscrivet be Johne Johnestoun, the saidis commissaris scribe, of the dait the xxvj day of Marche yeir of God j m v c lxviij yeris. In respect of the quhilk, the seat ordanis and decernis George Blak redar to proclame the bannis betwix the saidis Maister Johne and Jonet Wemis. Nota. The quhilk day, the sessioun, wytht avis of the Superintendent, to 1C the C mfnlster m res P ec t of the ministeris infirmite, hes licentiat hym for sex oulkis in totum to desiste fra preaching, to the effect that he may gyf hym self to be curit be medicine for reporting 1 of his healtht ; and the beginning of the licence to be on Wedinsday nixt to cum, and forthir to indure then the tyme abuif speci- fiit according to the discretion of the seat. Reqiiisitio The said day, Maister Robert Hammilton, minister of Sanct- HaniUtonr W andros, and Maister William Ramsay, secound principal Ramsay. maister of Sanct Saluatoris Colleage, requirit M. Johne Winram, Superintendent of Fyiffe, and the session of Sanctandros (in consideration of ane accusacion gevin in aganis them respective be Maister James Carmichel and his complices, in the sinodal convention last haldin in Sanct Leonardis scolis, the fyft day of Aprile instant, and conclusion of the said Superintendent and his sinodal assemblie then convenit, be his and thair com- missionaris and mediatouris, to wit, M. Johne Row and Maister 1 Obtaining. ST. ANDREWS KIRK SESSION. 335 William Clark, ministeris, quhair it was concludit that the trial of the said accusatiounis sould be remittit to the Super- intendent and session of Sanctandros, and sa mony of them that wil purge thame selffis of partial counsal, wytht concur- rence of sex gentilmen and als mony ministeris as the partie defendaris and mediatoris foirsaidis condescendit on) to proceid in the said mater this day as in the day appointed thairto ; and to gyf sentence absolvitour or condemnatour according to justice, upon the pointis of the accusaton, for removing of sclandir and pacefiing of the present devision in this kirk. 1 1 There is a blank after this entry, but on the 2ist of June the session granted testimonials in favour of Ramsay and Hamilton at their request {infra, pp. 338, 339). Richard Bannatyne gives a most interesting account of the disagreement which then existed in St. Andrews, but it is much too long to be quoted in its entirety. Hamilton, who formerly ' wald not spair to reprove, most seveirlie, whatsoever he knew to be done amiss, ather be the Queine, in the court, or utherwayis,' had begun 1 to grow cauld in his sermondis, and never spake a word of these materis, as gif thei never aperteinet unto him.' According to Banna- tyne, the regents of St. Leonards complained to the General Assembly — not to a ' sinodal assemblie ' — and Ramsay took it so much to heart that he died soon after- wards {Memorials, Ban. Club, pp. 228, 259). The matter, however, was brought before the General Assembly in July 1570, and it was in view of that Assembly that Hamilton specially requested the testimonial on the 21st of June. Petrie, in his account of that meeting of Assembly, says that 'James Carmichell school- master of Santandrews accuseth Rob. Hamilton, minister there, of some points of doctrin delivered in a sermon. The Clark-Register and the Justice- Clerk and another Lord of the Session shew, in the L. Chancellors name, that he had heard of that controversy, and it containes some points tending to treason and against the King's authority : and therefore they require, that the Assembly would not decide in that matter concerning the King's authority until the nobility conveen, which will be within few dayes : but in such things as concern heresy, or properly belong unto their jurisdiction they may proceed. Unto this pro- testation the Assembly agreeth ; and went on in discussing the complaint in so far as it concerned doctrine and slander that may arise thereupon ' {Compendious History, 1662, second part, p. 368). Petrie adds within brackets— 4 But I finde not the particulars.' The existing records of the Assembly, which are extremely meagre on the case, bear out Petrie's statement to a certain extent, but say nothing about the Lords of the Session [Booke of the Universal! Kirk, i. 179). Principal Lee conjectures that Hamilton's ' collegis ' there mentioned were not his colleagues in the New College, although most of them were men of his own class, but the members of the kirk-session, because in this Register they formally approve his doctrine [Lectures on the History of the Church of Scotland, i. 303). 336 REGISTER OF Die Mercurii, tert'w Man 1570, per Superintendentem et sessionem, ministro presente. Pryide, The quhilk day, anent the somoundis rasit be the Superin- tendent of his office upon Dauid Luklaw yownger in Cowper and Maidge Pryide, to inquire quha is the father of the bairn quhilk sche buir upon Zwil-ewin last was, &c, as at mair lyntht is contenit in the somoundis, comperit the saidis Dauid and Maidge. And Maidge being inquirit quha is the said bairn father, sche ansueris, upon hir conscience and in the presence of God, that the said Dauid is the bairnis father ; and offeris hir to swear the sam. And Dauid [in] 1 the contrar denyis that he is the bairnis father ; and offeris hym to gyf his aitht thair upon, gyf it sal be thocht expedient the sam to be tane. The Superintendent, befoir accepting of athir of the saidis parteis aitht, be resoun of thair contrarius sayingis, ordanis the witnes somond to this day 2 to be examinat, that was present at the byrtht of the said bairn. And befoir examinatioun of witnes, the said Maidge being demandit quhair and in quhat place the bairn sould be gottin be the said Dauid Luklaw, sche ansuered that befoir Sanct James day at last was, be the space of sex oulkis Dauid hantit to hir be nycht and day, and spetialie that he com to Thomas Fles- chear hall twyss or thryis on syndry nychttis, and sche opinnit the dur to hym, and 3 scho helpit hym of wytht his clathis and [he] 1 lay doun besyde hir in ane langsadil. And at utheris tymis wythtin the said space, he cam to the loft abuif the brew hows in Thomas Fleschearis and lay wytht hir, wythtin the quhilk tyme sche alledgis the bairn was gottin ; and offeris hyr to gyf hir aitht thair upon. And the said Dauid denyis the hail premissis, and offeris hym to swear the sam. Attour, comperit Jonet Ademsoun and Male Abirnethye, witnes, somound be the Superintendent to testifie in the said action. And Dauid Luklaw, being inquirit gyf he had ony thyng to object aganis them, sayis theyar bot wemen and audit nocht of the law to be resavit to bear witnes in sic casis. And the Super- intendent, in respect of the practik of this session, ordani* them to be sworn ressavit and examinat. 1 Omitted. - T/iay in MS. And and in MS. ST. ANDREWS KIRK SESSION. 337 Jonet Ademsoun, witnes abone writtin, somound sworn resavit and examinat, deponis that as sche remembris upon Zwil-ewin 1 last bipast, sche was in Male Abirnethy hows, quhair Maidge Pryde was extremely seik as woman mycht be in hir byrtht ; and the deponent askit of Maidge quha was the bairn father : sche ansuered, I warrand it is yowng Dauid Luklawis. Male Abirnethy e it at a jurat a recepta et examinata confbrmis in omnibus Jonete Adesoun priori testi. And now the Superintendent diferris the takin of athir of the saidis parteis athis, quhil he prevent them be ane somoundis of new to that effect. Die MerCurii, vigcsimo quarto mensis Maii, anno Domini j m v c sephiagesimo. The quhilk day, in respect of the adulterie manifestlie com- Christe, Rynd, mittit 2 be Thomas Christie wytht Jonet Rynd, and they being sessionis. accusat thairof and confessit, the sessioun lies com mittit thame to be punesit be the majestratis of this citie as adulteraris, and fra this furtht that nane of them accumpanie wytht utheris in bed nor buird. Die Mercurii, decimo quarto mensis Junii, anno Domini j» l v c lxx mo - The quhilk day, James Bisset is decernit be the Superintend- Decretum ent to remove Catharine Ferry furtht of his hows, and [to enfiscon^a abstein] 3 fra forthir cohabitatioun wytht hir in tvme cuming Blssett et lery y- in bed or buird, wythtin xxiiij howris, undir paine of excom- munication. The said [day], 3 Robert Grub is decernit in al tyme cuming Decretum to observe and keip his paris kirk, for herying of the Word o f c0 " fra Gf! ' ' God and public prayeris, undir pane of excommunication. The quhilk day, anent the clame of mareage betwix Besse Brwce, Geddye, Bruce and Michel Geddie, in respect of the mannis aitht gevin > i] ' upon the promis of mareage referrit be Besse to his aitht, the Zwil Zwlis-ewin in Ms. - Confessit in Ms. Omitted. Y 338 REGISTER OF Decretum Symson, Kempt. Peablis, Grub. Superintendent and session absolvis the said Michel of the said promis. And as to the secound part of the said Besse bil, quhair sche allegis that he gat hir virginitie, and be reson thairof sould marie hir or tochir hir, the Superintendent and session assignis this day aucht dayis to the said Michel to preve the said Besse to be ane corruppit woman, or he had knawledge of hir, for the first dilation. The said day, anent the complent gevin in be Dauid Symson aganis Andro Kempt, comperis Andro Kempt and denyis the pointis of the bill ; and Dauid Symson offeris hym to preve the sam instantlie, and to that effect producit [Johne Schare — deleted], Alexander Scharp, Xiniane Rowl, Dauid Stevin and Johne Mwir. The Superintendent, in respect of the deposi- tions of the witnes, ordanis and decernis Andro Kemp, upon Fryday nixt cumms eftir sermon, to ask Dauid Symson and his mother forgevenes upon his kneis, for the offens committit be hym aganis them, and gyf he committis sic lik in tyme cuming to be deprivat of his office : and M. Robert Winram collectour to pay to Dauid Symson mother in first end of his stipend xx s. The said day, Alexander Peablis and Johne Grub decernit to keip the kirk on the Sabbat day in tyme cuming, undir painc- of excommunication. Die Mercuru, ocxj" 10 Junii 1570. Bruce, Gaddie, rij. Decretum testimonialium M. Willelmj Ramsay ministri verbi Dei. Decretum testimonialii M. Robertj Hammilton ministri. The said day, the session lies continuat the action and caus movit betwix Besse Brwce and Michel Geddie, wytht consent of the said Besse, to this day aucht dayis. The said day, the sessioun, al in ane voce, eftir Maister William Ramsay had desyrit ane testimonial of the verite of his doctrine lyiff and conversatioun, sen he begoutht to travel in this citie in the Word of God and explication thairof, testi- fiis his hail doctrine continualie sen syne to be trew and sound in all sortis, and his lyf and conversation to have bein haly guid and wythtout reproche : and heirupon decernit testimonial to be gevin in dew form as efferis. The quhilk day, the assemblie of eldaris and deakins of the sessioun of the citie of Sanctandros being requirit be thair ST. ANDREWS KIRK SESSION. 339 minister, Maister Robert Hammiltoun, as they wald ansaeir to God, gyf that sen the beginning of his ministratioun amangis them, ethir in preaching of the Word forme of prayer or out- ward and external maneir of leving, he had transgressit the limitis of his vocatioun or left ondoin that becam ane trew and faithtful minister, or gyf ony abuse was cropin in in this con- gregatioun be his negligence, or be hym mentenit sen the begin- ning of his ministratioun, that they 1 wald ansueir in the pre- missis according to the trewtht, and to have thair testimonial thairintil in dew form as eff'eris, quhairby his part mycht be knawin in this lettir aige and pirelus dayis to al quhatsumevir, bot specialie to the brethrin of the General Assemblie of this realm, to be haldin at Edinburght the fyifte day of Julii nixt to cum. The quhilk petitioun the assemblie, understanding to be resonable, willing to bear testimonie to the trewtht, testifies and declaris al in ane voce, That the said minister baitht in preaching of the Word and doctrine, form and maneir of prayer, external conversatioun of lyiffe, to have behad 2 hym self as becummis the trew minister and servand of God ; swa that as yit, by his travel, the purite of the Euuangel, form of minis- tratioun of the sacramentis, and ordour of discipline, offerit to us of the mercies of God sen the beginning of reformatioun, by his notable and excellent instruments, is yit kepit amangis us ; and swa na abuse, prasit be God, cropin in in our kirk be his negligence, nor yit mentenit be hym, or ony thing tawcht quhairof we consavit sclandir or the godlie justlie mycht be offendit. The said day, the minister requirit that he mycht have the Nota. tyme and licence grantit to hym of befoir for recovering of his ^mister ° f healht, be reson that he being impedit sen syne wytht preach- licence to gyf c j.i ™r i ■ • n jn m • \_v • , hym self to be mg oi the Word, exercising oi fastein, public pray ens, and curit of his ministration of the Lordis supper to the landwart, that he healtht - mycht use it quhen he thocht tyme maest convenient. The session, al in ane voce, consentit to the prorogation of the said license. 1 The in MS. 2 Demeaned or behaved. 340 REGISTER OF Die Mercurii, clecimo nono mensis Julii, anno Domini j m v c septuagesimo. Decretum The quhilk day, Mareoun Dande exonerat, quit-clamit and dischargit Petir Dairny of al promis of mareage betwix them and defloring of hir virginite, or ony thing that sche may alledge to stop the said Petir to mary wytht ony uthir, and thairfoir [the seat] 1 ordanis the said Petir bannis to be proclamit this nixt Sunday. Die Mercurii, vigesimo sexto mensis Julii, anno Domini millesimo quingentesimo septuagesimo. Betou?i de The quhilk day, anent the somoundis rasit at the Superin- Creycht, Lesiye. ^endentis instance of his office aganis Dauid Betoun of Creich and Beterage Lesiye his spous, tweching thair adherence, &c, as Christiane man and wyffe, or to allege caus, &c., comperit the said Beterage, quha allegit that sche aucht nocht to be compellit to adheir to Dauid Betoun of Creicht, becaus thair dependis befoir the commissar of Edinburght ane actioun of divorciament at hir instance aganis hym, for adulterie committit be hym, as the libel thairupon at mair lentht proportis : quhilk sche offerit hir to preve sufficientlie be write, as accordis of the law, and desyrit ane terme to be assignat to hir to preve the sam. Comperit the said Dauid, quha desyrit ane terme to Penuitimo be assignat to hym to ansuere to the saidis allegeances, quhom Augusti. j. o ^ Q Superintendent assignat the penult day of August nixt to cum. Partibus apud acta citatis. Not a. Nota. Decreit of the seat anent the puiris. Die Mercurii, nono die mensis Augusti, anno Domini millesimo quingentesimo septuagesimo. The quhilk day, it is decernit and ordanit be the seat, that fra this furtht, that the deaknis of the quartaris mak na distri- butioun of the almis to na puris, bot to theis that frequenti> and cummis to sermoundis, public prayeris, examinatioun and communioun, presenting of thair bairnis to baptisme, and wil 1 Omitted. ST. ANDREWS KIRK SESSION. 341 gyf compt of thair faitht, and can say the Lordis Prayer, Beleve, and Commandementis of God, or at the least sal learn the sam wythtin ane monetht ; and als to mak it knawin and congrega- tion thair mareage. 1 Mercurii, die penultimo mensis Augusti 1570. The quhilk day, in the terme assignat to Dauid Betoun of Betoun, Leslye, Creicht to ansueir to the allegeances of Beterage Leslye maid aormit - upon the xxvj day of Julii last bipast, the saidis parteis com- perand be them selves, and the Superintendent being absent be reason of quhais absence the cause slepis. Die Mercurii, dccimo tertio Septembris, anno Domini millesimo qumgentesimo septuagesimo. The said day, the sessioun lies ordanit ane supplicatioun to jvota. be direct to the magistratis of this citie for guid ordour to be onhemsoien? takin in tyme cuming, for reformatioun of the grite abuse usit eye ° t f t n f e ^. be new mareit personis in violatioun of the Sabbat day ; and in wythin this citie spetial quhen, the day of thair mareage eftir nuin, 2 they resorft] [Sabbat ° f nocht to hering of the doctrine, and at evin eftir supper inso- lentlie, in evil exemple of utheris, perturbis the town wytht rynning thair throw in menstralye and harlatrye. Mercurii, die quarto mensis Octobris, anno Domini j m v c septuagesimo. Patrik Myllar and Catharine Donaldson hes agnoscit thair Millar, Donald- fail of fornication, and the said Catharine to be wytht childe son - to hym, and submittit them to discipline of the kirk, and to absten in tyme cuming, and gyf they be fund relaps to be punesit accordinglye. 1 This clause is unintelligible, probably through the omission of some words. 2 Marriages were then solemnised on Sabbath forenoon {infra, p. 345, n. 1). 342 REGISTER OF Nota. Die Veneris, decimo tettio Octobris, (in no Domini j m v c sepfauigeswto. Eldaris chosin be commoim voit and consent of the kirk. Maister Johne Dowlglas, Rector Mr. Martyne Geddve Mr. Thomas Balfour Mr. William Cok Mr. Johne Ruthirfurd Johne Motto Mr. Alane Lawmontht James Robertsoun Mr. James Wilke Johne Martine, elder Dauid Walwod James Forret in Polduf Thomas Walwod Mr. Johne Bonkil. Diaconis electit in maneir foirsaid. Charles Guthre George Blak William Gifford Andro Motto Johne Levingstoun Andro Watsoun Alexander Winchestir Thomas Layng in Elenehill. Alexander Roucht Die Mercurii, decimo octavo mensis Octobris, anno Domini j m v c septuagesimo. The quhilk day, [the maest part of— deleted] the session n th^Actfor 111 ° f Dem g assemblit ratifiit and apprevit the Act maid of befoir, convening. tweching the convening to the assemblie at twa eftir nuin ilk Wedinsday, and quha failyeis to incur the panis contenit thair- intil, and siclik of remaning to the end of the assemblie wytht- out leve be askit and grantit. Die Mercurn, decimo tjuinto mensis Noyembris 1570. Decretum ses- 'jpj ie sa j c j j ay j. ne gea ^. c | ecern i|- Andro Forret and Affnes sioms contra * 7 O Forret 1 ct Wai- Wallace to desist and ces fra forthir mutual cohabitatioun in bed and buird, ay and quhill lie gaet ane testimonial of the deatht of Mareoun Dowglas his wyf, and gyf they cum in the contrar to be punesed as accordis of the law of the realm. 1 Forrret in Ms. ST. ANDREWS KIRK SESSION. Johne Wilsoun, baxter, dilatit for ane common blasphemar, Decretum . ill i i i sessionis contra swearare, bannar and ane common drunkat, admonesed to desist wuson pis- in tyme cuming, uthirvvaiis he sal nocht be admittit to the torem - commimioun nor his bairnis to baptisme, and gevin in the handis of the magi strati s to be punesed. Gelis Symsoun, spous to George Vtein baxter, decernit to Dccretimi . J . 1 . p it o ti ii i sessionis contra desist and ceas in tyme cuming rra selling ol candil and braed symsonsponsam on Sundays, and nocht resorting to the kirk for heryng of c ' cor SJ vtein. Goddis Word, missaying and disobedient to hir husband, undir pane of ten lift., and to sit in the joiggis xxiiij howris ; and lykwys dilatit for fliting wytht hir nychtbouris, and selling of bread tyme of sermon on Sunday. Die Mercurii, vigesimo secundo memis Novembris, anno Domini j ,n v c lxx mo - [There is a blank after this heading.] Die Mercurii, decimo tertio mentis Decembri.s, anno Domini j^iflxx 7 ' 10 ' The quhilk day, Jonet Smyth t, lauful dochtir of Patrik Smytht, Smytht maltman citenar of Sanctandros, in presence of the artino Superintendent minister and sessioun-ecclesiastical of the said citie, exponit and declarit that it was nocht unknawin to them that (juliovv, in the monetht of November last bipast, undir silence of nycht, sche was ravissed and violentlie reft fra hir fathir and mother, and maisterfullie, aganis Goddis lawis and lawis of this realm, tane away fra hir saidis parentis aganis hir and thair willis be Stevin Martine, secound sone to William Martine of Giblestoun, 1 desyring heirfoir sic remedy of the Superintendent 2 minister and sessioun mycht of Goddis law mak to hir thairfoir. The Superintendent, wytht avis of the session and minister, offered to gyf hir ane citatioun as sche and hir parentis pleasit to libell. And the said Jonet being askit and demandit be Johne Martine, citenar and ane of the 1 The Martines owned the half of Gibliston from 1494 to 1622 (Wood's East Neuk of Fife, 1887, pp. 268, 269). 2 Superindent in MS. 344 REGISTER OF Instrument Martein. Declaratioun of M. Robert Hammiltoun minister to the assemblie and sessioun. Nota. bailies of the citie of Sanctandros, gyf the said Stevin deflorit hir or did ony harme or skaitht to hir in hir persoun that may redound to the corrupping of hir virginite. Sche ansuered and confessed that sche kapit 1 na herm thair throw, bot was als cleine and pure thairof as sche was quhen sche was borne of hir mother. And heirupon the said Johne Martine, in name and behalf of the said Stevin Martine, askit act and instrument. The said day, Maister Robert Hammiltoun, minister of the citie of Sanctandros, schew to the sessioun quhow that it was nocht unknawin to them quhat travel and 2 labour he had tane sen his entre to the ministerie ; and quhow evil he had bein handillit, nocht onlie in wanting of his stipend the space of twa yeris and mair, bot also of that support and releve in preaching of the Word, quhilk Maister Guidman and utheris had befoir, being ministeris, and he hym self likwis befoir the daitht of my Lord Regentis grace 3 of guid memorie ; quhair- throw they mycht perceave that he was becum waik and debilitat in his bodie, and so unliable to sustein sic grite chairgis as befoir : 4 requiring heirfoir the sessioun and kirk, in considera- tioun of the premissis and cheiflie that he lakit the concurrence and support in preaching the Word that utheris had befoir, that na fait sould be fund wytht hym eftirwart, albeit he kepit nocht the ordinarie days of preaching as of befoir ; bot thev wald be content wytht that resonable travell quhilk he offerit to undirly in tyme to cum, according as his body mycht reson- ablie sustein ; and imput the laik unto them that tuik up the teindis and gaif nocht hym sic assistence as they gaif to utheris befoir, in preaching the 5 Word and administratioun of the sacramentis, and nocht to hym. The quhilk the sessioun and kirk, al wytht ane voce and wytht uniform consent, thocht verry resonable, lamenting he sould be sa evil handillit baitht in the ane and the uthir, and wald be content wytht that travel and 1 Received. 2 And and in MS. :5 The Regent Murray was murdered on the 23d of January 1569-70. 4 In compliance with the desire of the General Assembly, in 1565, that the St. Andrews congregation should choose a minister ' out of their own Univer- sitie ' (see p. 28, n,), Hamilton had been elected ; but he still held his Divinity Chair in St. Mary's College. 5 Here this entry is turned over the leaf, but the scribe has inserted the next entry — relating to Zowng and Myles — at the bottom of this page. ST. ANDREWS KIRK SESSION. 345 labour quhilk he wald undirlie in tyme to cum, in preaching of the Word according to his awin discretioun ; exhorting hym moest gentelye in the menetyme, quhil forthir ordour be tane, that he wald keip Sunday and Wedinsday ; 1 and sa, in respect of the premissis, albeit the ordinarie dayis be hym war nocht kepit, wald nocht imput to hym as ane offence or fault worthye of reprove or correctioun on his part. Die ultimo mensis Januarii 1570. Comperit Mr. Antone Zowng and confessit ane bairn borne Zowng, Myles. be Gelis Myles to be his, and promittit to present the bairn to baptisme and submit hym to discipline ecclesiastical. Die Mercurii^ vigesimo primo die mensis Februarii, anno Domini millesimo quingentesimo septuagesimo. The quhilk day, the sessioun hes decernit Elene Jnglis 2 to Decretum bring ane sufficient testimonial fra Alane Rait hir spous that S Eilnam jnglis. sche hes adherit to hym in bed buird and mutual cohabita- tioun, and is content to remain wytht hym oure alquhair, at 1 ' Some churcheis may convene everie day ; some thryise or twise in the weeke ; some perchance bot onis. In these and such like must everie particular churche, by thair awin consent, appoint thair awin polecie. In greit tounis we think expedient that everie day thair be eathir sermon, or ellis Common Prayeris, with some exercise of reiding the Scripturis. What clay the publict sermon is. we can neathir require or gretlie approve that the Commoun Prayeris be publictlie used. ... In everie notable toun, we require that one day, besydis the Sunday, be appointed to the sermone and prayeris ; whiche, during the tyme of sermone, must be keipit fre frome all exercise of laubour, alsweill of the maister as of the servandis. In smaller tounis, as we have said, the commoun consent of the churche must put ordour. But the Sunday must straitlie be keipit, both before and efter noon in all tounis. Before noon, must the Word be preached and sacra - mentis ministered, as also mariage solempnissed, yf occasioun offer : after noon must the young children be publictlie examinated in thair catechisme in audience of the pepill. ... At efter noon also may baptisme be ministered, whan occa- sioun is offered of great travell before noon. It is also to be observit, that prayeris be used at after noon upoun the Sunday, whair thair is neathir preching nor catechisme' {First Book of Discipline, ninth head). 2 She had been excommunicated for stubbornly refusing to adhere to her hus- band and for contemptuously despising the voice of the kirk ; but had afterwards offered to submit to discipline {supra, pp. 31 1, 312, 322). 346 REGISTER OF his plesure. The sessioun is content to resave hir as ane membir of Christis Kirk, sche satisfiing the kirk according to ordour of discipline usit thairintil, or ellis to find sufficient cautioun that sche sal adheir to hir husband at his hame- cuming, or to pas to hym quhair evir he be gyf he sendis for hir. Die Mercurii ultimo Februarii 1570. 1 Not a. Myllar Layng, rij. Patrik Myllar, cowper, dilatit that he said publiclie, that sum of the eldaris and dakinnis of the seat, 2 that he was dilated be sum of the seat of malice and invy ; and he, comperand and being accusat thairof, spak heichtlye prowdlye and irreverend- lie, wytht grite banning swering and blaspheming the name of God, and contemning the seat. The said day, Alexander Laing being accusat that he said to the minister, Schyr I cam to yow of befoir of my awin head, bot now I am send to yow be sum of the eldaris and decanis, be commissioun, to declair that William Geddye audit to sit on the stuil als weil as I ; and gyf ye do it nocht ye wil be accusat of parcialite ; and sum of the eldaris and decanis wil avow this in your face ! And Alexander being demandit and askit quha 3 war the eldaris or decanis, or gyf he wald byde at accusation thairof, he wald do nethir the ane nor the uthir. The seat ordanis the said Alexander to gyf his aitht heirupon this day audit dayis. The said day, the seat lies ordanit Maister Thomas Balfour Rotertummw to deliver to Robert Hew officer of the session xx s., in compleit payment of al thingis bigane, and quhil Michaelmes nixt to cum to deliver to hym sic accidentis as may fal in the mein tyme. Decretvni iciarium. Die Mercurii, quarto die mensis Aprilis, anno Domini j' H v c septuagesimo primo. Decreteofthe The quhilk day, anent the chartour of reces of the Super- Suplrrntend^nt intendentis presentit to the assemblie, the assemblie resoning chartour of reces. 1 This entry is very faint, especially the words in the margin. 2 Probably this clause should have been deleted. 3 Quhat in MS. ST. ANDREWS KIRK SESSION. 347 thairwytht thinkis guid that the Superintendent be present wytht them according to the accustumed maneir in trying and examinating of the personis gevin up be hym, and also that he present the inquest and dilatoris names, quhairby the trans- gressoris may be punisched, according to the ordour of this kirk ; uthir waiis the seat can nocht mel thairwytht, becaus they war nocht participant of taking up of the dilatiounis contenit in the said chartour ; bot ar, likeas they have bein continualie sen beginning of Reformation of thair kirk, in use of resaving of dilatiounis wythtin thair jurisdiction thair selves, according to the Buik of Discipline. Die Mercurii ocviij 0 Aprilis 1571. The said day, Elene Jnglis, spous to Alane Rait, comperit Decretum befoir the sessioun and desyrit hir as sche hes doin oft tymis G f Elene J n S lls - befoir to be resavit as ane membir of the congregatioun, and to injoy the benefitis thairof ; and hes maid faitht, in presence of the sessioun, that, unfeingyeitlie and wythtout dissimilatioun, sche craiffis this of the kirk for eschewing of the fearful and terrible sentence of excommunicatioun led aganis hir ; and hes promittit faithtfullye that sche sal willinglye adhere to hir said spous at his hame cuming in thir partis, or to pas to hym in ony part of this realm, and to remain wytht hym in bed buird and mutual cohabitatioun, quhen evir sche salbe requirit thairto be hir said husband, sa that na fail thairintil salbe fund in hir in tyme cuming ; and als promittis that sche sal satisfie the kirk, and submit hir to sic discipline and correc- tioun as 1 salbe requirit of hir, and to find sufficient cautioun heirupon undir paine of fourtie lift. The seat — in considera- tioun heirof, and in respect of the said Elene humiliatioun and unfenyeid repentence as apperis, and that sche hes sworn, in presence of God and sessioun, that sche dois thir thingis wytht- out dissimilatioun and nocht to dissave the kirk ; and that ane repentand synner sould be resavit and imbreassit, and nocht to be castin of — hes ordanit and decernit hir to be resavit again, and to bruik and jois the benefit of Christis Kirk, as ane livelye membir thairof. 1 As as in MS. 348 REGISTER OF Decretuin sessionis, rij. Hammiltoun, Scot. Die Mercurii, vigesimo tertio mentis Maii, anno Domini j m if septuagesimo primo. The said day, the brethir of the sessioun assemblit lies ordenit the official* of the assemblie to warne the heal brethir of the sessioun and membris thairof, to wit, minister eldaris and diaconis, to compeir this day audit days, to intrait upon sic thingis as sal be offered and proponit, and to request the Superintendent to cum to that effect. Memorandum, that upon Wedinsday the xvj day of Maii instant Elspet Hammiltoun, dochtir to Thomas Hammiltoun in this citie, dilatit of fornicatioun wytht Thomas Scot cuik of the New Colleage, comperit and confessit that sche had carnall deal wytht the said Thomas Scot befoir Candilmes last was : quhilk confessioun the seat acceptat, and ordinat the said Thomas Scot to be callit to resave ecclesiastical discipline, and to bring to remembrance the aitht he gaiff of befoir, and to re- examinat hym again. Die Mercurii, penultimo mensis Mali, anno Domini 1571. Vote of sessioun The quhilk day, it is voted be the sessioun [or 1 at least be anent fasting. ^ maest part thairof — deleted] that thair was na public fasting desyrit of the seat to be injunit and proclamit for ony occasioun or caus occurring befoir this day ; nocht the les the hael sessioun, in respect of grite trublis apperand, lies thocht expedient public fasting to be inditit, wytht avis of the Superintendent, and that conform to the act of the last General Assemblie 2 haldin in Edinburght the x of Marche last bipast, and personis to be appointed be hym to occupie the stuil of praeching and prayeris during the said tyme. The said day the seat lies ordenit the names of them that presented nocht thanie self to the last communioun to be schawin to the seat. Decretum sessionis. 3 In deleting the other words the scribe has neglected to draw his pen through or. - In the sixth session of the General Assembly held in March 1570-1, 'the Kirk ordaines all superintendents, and commissioners to plant kirks, in their first synodall conventiouns heirafter following, with the advyse of their ministers, to reason [upon the necessity of publick fasts,] and appoint publick fasting, if it sail be thocht necessar ' {Booke of the Universall Kirk, i. 193, 194). ST. ANDREWS KIRK SESSION. 349 The said day, the seat lies ordenit Alexander Roucht and Decretum Alexander Winchestir, deaconis, to warne Maister Dauid Disch- MagPs/rum^ ingtoun to compeir this day aucht dayis, to ansueir to sic ^^kin^toun thingis as salbe proponit to hym. rij. Die Mercurii, xxv'ij 0 mensis Junii, anno Domini j'"v c lxxj mo - The quhilk day, comperit Elspet Hammiltoun and confessit Confess™ that, according to the notatioun maid in thir bukis upon the Scot, xxiij day of Maii last was, it is of veritie that sche refusit to swear that sche had carnail deal wytht Thomas Scot cuik of the New Colleage, befoir Candilmes immediatlie preceding. Die Mercurii, undecimo Julii, anno Domini j m v c lxxj" 10 ' The quhilk day, Johne Authinlek and Jsobel Forret confessit Authinlek, 1 _ horret. them to have had carnal deal or they war mareit. The seat decernit them on Sunday nixt to cum to mak satisfactioun in presence of the congregation. Die Mercurii, decimo octavo mensis Julii, anno Domini j" l v c lxxj" !0 - The quhilk day, the fleschearis of this citie being attachit Decreit of the and warnit to this day, to heir them accusat for brekking fleschearis. and selling of flesche upon the Sabbat day, and to resave dis- cipline thairfoir, comperit Martine Lumisden and Johne Andersoun, fleschearis, and confessit that thair servandis sauld sum smal fleschis and drawchtis to puir folkis on the Sabbat day. Comperit lykwys James Herman and confessit hym to have doin the sam be hymself. Johne Williamson confessit selling of flesche in litle quantite upon Sunday, tyme of prayeris and nocht of preaching. Thomas Cuthtbert conform to Johne Williamson, James Myllar, James Dempstertoun, Patrik Paw- toun, Alexander Watson, James Cuik, Jonkein Mernis, Alex- ander Lumisden servand and [blank]. 1 The seat ordenis the saidis personis to be offered up to the majestratis be supplica- tion, that ordour may be takin according to actis of Parlia- ment] 2 and statutis of this citie. 1 This blank extends to nearly a line and a half. 8 In 1526 and again in 1540, Parliament ordained that there should be three 350 REGISTER OF A dmonitio Loquhoir, Logye. Die Afercuru, xxij* mensis Jugusti, anno Domini j m v lxjoj' no - The quhilk day, Mariory Loquhoir, spous to James Logve, comperand and accusat upon the dilatioun castin in at the counsal hows dur, anent ane alegit bardal haldin in thair hows, denyit the sam, and admonesed be the sessioun to abstein fra al occasion of suspitioun in sic cases, undir al panis that eftir may follow. Lawraontht, Rolland, rij. Die Mcrcuri'i dec'imo nono Septembris 1571. The seat, in respect that Henry Lawmontht lies bein diverss tymes socht be the officiar of the assemblie at his dwelhng place wythtin this citie, to charge hym to compeir befoir the assemblye to ansueir anent the grite brute of hym of adulterie and incest committit be hym wytht Effem Rolland, and could nocht obtein his personal presence : the seat yit ordanis the officiar to warne hvm to compeir on Wedinsday nixt to cum, wytht intimation that, gyf he comperis nocht, on Sunday nixt thaireftirhe sal be somound opinlie be writing in the kirk. The names of eldaris and diaconis chosin upon the xij day of October 1571. Eldaris. Mr. Johne Dowglas, Archibischop and Rector of Sanctandros 1 Mr. Thomas Balfour Mr. Johne Ruthirfurd Mr. William Cok Mr. James Wilke Mr. Alane Lawmontht Mr. Alexander Sibbald Mr. Martine Geddye Johne Motto Dauid Walwod Charles Geddy Mr. Johne Bonkil. Diaconis. William Zwill William Gyfferd Johne Walcar William Maine Johne Levingstoun Andro Watsoun Alexander Hay George Blak. weekly markets in Edinburgh for selling flesh, namely, on Sunday, Monday, and Thursday {Acts of the Parliaments of Scotland, ii. 314, 378). In 1568 an Act was made 1 anent the keiping of the Sabaoth day,' but its terms are not given (Ibid. iii. p. 56). 1 Douglas was nominated Archbishop of St. Andrews on the iSth of August ST. ANDREWS KIRK SESSION. 351 Die Mercurii, xxiirf 0 Octobris, anno Domini j'"v c lxxj mo - The said day, the seat concludit and ordinat Henry Law- Decretum montht to be wairnit to compeir befoir the sessioun this day Henrictim aucht dayis, to wit, Weddinsday the last day of October instant, lawmontht. to ansueir to sic thingis as is contenit in the act of this sessioun maid upon the xix day of September last bipast ; and the said Henry to be warnit be twa of the brethrin of this sessioun that war appointed to warn hym to this day ; and he being brotherly warnit and admonesed to compeir as said is and com- peir nocht, the seat ordeinat and decernit the said act of the dait the xix day of September to have ful stryntht and effect. Die Mercurii, ultimo Octobris, anno Domini j m v c lxxj m0 - The said day, in respect that the brethir of the sessioun, Lawmontht, rij appointed to admonische and warne Henry Lawmontht to this vij '° Novembris - day to compeir befoir the sessioun, could nocht apprehend hym to that effect, [the sessioun] 1 lies yit requestit the said brethir to warne hym to this day aucht dayis, to wit, the vij of November nixt to cum, to compeir befoir the session to the effect mentionat in the act immediatlie abuif wryttin, wytht intimation contenit in the sam. Heireftir fallowis certane notis, concerning Maister Dauid Dischingtoun accusatioun for absenting hym fra the communioun, callit be the seat to remem- brance and ordenit to be insert it in the bukis. Upon Sunday callit Palme Sunday last bipast, in the public Mr. Dauid assemblie of the congregatioun of this citie, the minister maid Dlschin s t0 1571, but was not inaugurated until the 10th of next February (Richard Banna- tyne's Memorials, Ban. Club, pp. 178, 223). He was present, however, as Archbishop of St. Andrews, in the Parliament which met at Stirling on the 5th of September 1571 {Acts of the Parliaments of Scotland, iii. 65). The troubles of his new office had already begun. * The Superintendent of Fyfe inhibited the Rector of Sanct Androis to voit as ane of the Kirke, till he sould be admitted be the Kirke, undir the paine of excommunicatioune. Mortoun commandit him to voit (as Bischope of Sanct Androis), undir the paine of treasone' (Bannatyne's Memoriales, p. 183). 1 Omitted. 352 REGISTER OF publicatioun of administratioun of the Lordis supper to the brethrin of this citie, and requirit al theis that had promised to cum to the communioun on Law Sunday, that they sould cum to examinatioun in myd tyme and alsua to the com- munioun. And Maister Dauid Dischingtoun being in this town remanit furtht of this citie and absentit hym self fra tlie communioun. Item, upon the xix day of Junii last was, immediatlie befoir the landward communioun, Mr. Dauid Dischington was callit and comperit to the assemblie, quha was accusat that he wald nocht keip his promis to cum to the last communioun, albeit he was opinlie warnit in presence of the heal congregation, desyring hym to cum upon Myd Sounday to the communioun wytht his brethrin : quhilk Mr. Dauid Dischington ansuered, viz., Quhen I maid the promis I lukit for ane uthir thing nor I see, for ever ilk ane of thame wald cut utheris throtis quha gaes to that communioun, and thairfoir I wil nocht keip promis. Die Mercurii, septimo Novembris 1571. The quhilk day, anent the bruit and sclandir of adulterie and incest committit be Henry Lawmonth wytht Eufame Rol- land, in respect of Henry declaration in presence of the sessioun, the seat hes ordenit inquisitioun and trial of the bruit and sclandir to be takin, quhairof, gyf na certentie may be had, the said Henry aitht to be takin upon his innocency for re- moving of the sclandir. And to that effect the seat hes ordenit ane citatioun to be direct upon certane witnes, and Henry to be chargit to heir the witnes sworn and resavit to this day xv dayis. The quhilk day, Maister Dauid Dischingtoun, warnit, com- perit befoir the seat, and being demandat and askit be the minister and seat, quhat was his occasioun of byding fra the last communioun of the Lordis supper celebrat last in this citie, alsweil to the inhabitantis thairof as to the landward folkis, by 1 promis maid be hym of befoir that he sould be participant Against. ST. ANDREWS KIRK SESSION. 353 thairof, &c. Quha ansuered, for causis moving his conscience at that tyme he could nocht communicat : and now hes pro- mittit faithtfullie that he sail communicat, and be participant of the nixt communioun to be celebrat in this citie, and sal nocht absent hym thairfra ; of quhilk promis gyf he sal failye thairintil, the seat hes decernit that it sal be procedit aganis hym to excommunicatioun, wythtout forthir calling. Die Mercurii, xiiij to Novembris 1571. The said day, the seat hes ordenit ane citatioun to be gevin Decretum furtht upon Dauid Orm, Elene Lawmontht his spous, Maister Henricum"" Alane Lawmontht, Mr. William Skein, Waltir Makeson, Grisel Lawmontht 9 > » > rij xxj» t0 Wod his spous, to compeir upon Wedinsday, the xxj day of Novembris. November instant, befoir the seat, to bear leal witnes upon the brute and sclander of adulterie and incest committit be Henry Lawmontht wytht Effem Rolland. And Henry to be warnit at his dwelling place to heir the witnes resavit and sworn. The said day, anent the request of Thomas Scot, desyring Scot, hym joined in matrimony wytht Elspet Hammilton, offering Hamnilltoun hym to mak satisfaction, the seat hes committit hym to the magistrates to be punesed as ane fornicatour ; and satisfaction being maid the said Thomas to proceid to mareage, and the bairn begottin betwix hym and the said Elspet to be baptized. Die Mercurii xxj" 10 mensis Novembris 1571. Depositiounis of witnes in the inquisitioun and trial of adulterie, allegit committit be Henry Lawmontht wytht Eufame Rolland. Maister William Skein, commissar of Sanctandrois, resavit [Lawmontht, sworn and examinat, deponis that he hard ane brute and positiounis of common fame throught the town, and forthir kennis nocht. wytnes.] Maister Alane Lawmontht, sworn resavit and examinate upon the pointis of the articlis of inquisitioun, deponis that lie kennis perfitlie his sone Henry Lawmontht and Jsobel Orm to be mareit, and Effem Rolland to be Jsobel Orm syster dochter ; and gyf evir his sone had carnel copulation wytht the said z 354 REGISTER OF Effem or nocht he kennis nocht, bot of brute thairof risen, &c. : and forth ir knawis nocht in the mater. Waltir Makkesoun deponis that Henry Lawmontht cam to hym upon ane day, and desyrit ane chalmer of his to put sum gear in, and he granted hym ane chalmer ; and he brocht ane pakkat of gear furtht of Henry Anderson, and pat in the said chalmer : and forthir knawis nocht, &c. Grisel Wod, spous to Waltir Makeson, deponis that Henrv Lawmontht cam to hir, and said that he had ane heretrice of the northtland to bring to this town, and sperit of hir gyf he mycht have ane chalmer to keip hir in, and sche granted ane chalmer ; and thaireftir Henry cam furtht of Dunde, and upon ane nycht at evin brocht Effem Rolland and ane las wytht hir, and put them in ane chalmer quhair they remanit xvj dayis ; bot al the tyme, nethir be day nor nycht, saw nevir Henry Lawmontht wytht the said Eufame in chalmer thair alane, nor knew hym to ly wytht hir : and forthir knawis nocht. Die Mercurii, vigesimo octavo Novembris 1571. Lawmontht, The seat hes ordanit Dauid Orme, Elene Lawmontht his ^uilttfbecem- S P 0US > [James — deleted] Patrik Ramsay, Margaret Ballone his spous, William Ademson tailyowr, Henry Anderson, Jsobel Methtwen his spous, Dauid Loutheane and Beiggis Corby servandis to Dauid Orm, to be warnit to compeir befoir tlie session upon W edinsday the v day of December nixt to cum, to bear witnessing in the caus of inquisition abone wryttin. Die Mercurii, quinto Decembris anno Domini 1571. In the terme assignat be the sessioun to Dauid Orm, Elene xijo Decetnbris. Lawmontht his spous, Patrik Ramsay, Margaret Ballone his spous, William Adamsoun tailyowr, Henry Andersoun, Jsobel Meffen his spous, Dauid Lawtheane and Beiggis Corby ser- vandis to the said Dauid Orm, to compeir to testifie in the action of inquisition of adultery betwix Henry Lawmontht and Eufame Rolland, comperit Patrik Ramsay ; and for the rest nocht comperand, the sessioun ordeins thame, togethir wytht James Ramsay tailyowr, Elizabetht Myilson his spous, and Lawmontht, Rolland, rij ST. ANDREWS KIRK SESSION. 355 Male Kengzow thair servand woman, to be warnit to this day aucht dayis ; wytht certification, gyf thay compeir nocht, they sal be warnit opinlie and [be] 1 public admonition in write in the kirk. 1 Patrik Ramsay, sworne in presence of the session and exami- nat, deponis that he kennis na thing, except that he hard be bruit wythtin this citie, that Henry Lawmontht brocht Eufame Rolland to Waltir Makkeson hows, 2 and that he convoyit hir out of Dunde to the said Waltir hows, and out of that to Crawmound. 2 William Adamsoun tailyowr kennis na thing in the mater, except of bruit and sayingis wythtin this citie, quhilk of na way he wil affirme to be of veritie. Die Mercurii, duodecimo Decembris 1571. In the terme assignat be the sessioun to Dauid Orm, Elene Lawmontht, Lawmontht his spous, [Patrik Ramsay — deleted,] Margaret Rolland * ri] - Ballon e spous to Patrik Ramsay, Henry Andersoun, Jsobel Meff'en his spous, Beiggis Corby and Dauid Lowdeane servandis to Dauid Orm, James Ramsay tailyowr, and Elizabetht Myil- son his spous, and Male Kengzov thair servand, to compeir to testifie in the caus of inquisitioun of adulterie betwix Henry Lawmontht and Eufame Rolland, comperit James Ramsay, Beiggis Corby, Besse Myilson, and Male Kengzow. The seat assignat this day aucht dayis to do diligence for the witnes nocht comperand, be opin admonitioun in the kirk for the witnes nocht comperand. 3 James Ramsay, tailyowr, witnes, sworn, deponis that he saw Henry Lawmontht at syndry tymis pas up to Waltir Makesoun foir chalmer, quhair Eufame Rolland as he hard say was, and as he hard say that Henry borrowit the chalmer fra Waltir Makeson til hyng up sum graitht that cam furtht of Flanderis to dry ; and als he hard Thome Layng say that Henry Lawmontht servand cam to the Elenehill to borrow ane hors, and horsit Eufame Rolland ; bot quhair he had hir to kennis not. 1 Omitted. - Hotvs hows in MS. 356 REGISTER OF 4 Beiggis Corby, servand to Dauid Orm, witnes, sworn and examinat, deponis conform to Patrik Ramsay witnes abone wry t tin. 5 Besse Myilson, spous to James Ramsay tailyowr, witnes, sworn, deponis that sche knew nevir that Effe Rolland was in Waltir Makeson quhil sche was away ; and then hard be com- moun voce that sche had bein thair : and forthir knawis nocht in the mater. Wilson in Lam- The quhilk day, Thomas AVilson in Lambelathem, being melathem rij. accuga j. f QY gating G f ane bairne in adulterie with Beiggis Cow- den, ansueris, Gyf sche or ony uthir wil affirm in his presence that he gat ane bairn wytht hir or ony uthir by his wyf he is con- tent to suffer the dead ; and denyis the accusatioun sbnpliciter. The seat ordanis hym to compe[ir] this day aucht dayis. 6 Male Kenzow, servand to James Ramsay tailyowr, witnes, sworn, deponis that sche saw Henry Lawmontht syndry tymis pas up Henry Anderson stair ; and as sche hard say it was to se sum gear that was in Wat Makeson loft of Henry dryand ; and hard Henry Anderson servand woman tel that Effe Rolland was in Wat Makeson heicht chalmer. Die Mercwii, decimo nono mensis [Decembris]^ anno Domini j m v c septuagesimo prima. The quhilk day, in the terme assignat be the sessioun to Dauid Orm, Elene Lawmontht his spous, Henry Anderson, Jsobel Methtwen his spous, and Dauid Lowtheane servand to Dauid Orm, to compeir to testifle in the actioun of inquisition of the adulterie and incest betwix Henry Lawmontht and Eufame Rolland, comperit Robert Hew official* of the seat, and veriflit that he warnit al the personis abone wryttin, except Henry Anderson quha is presentlie of the cuntre, to compeir this day to the effect foirsaid, quhairof comperit Jsobel Metht- wen and Dauid Lowdeane. The seat ordanit Dauid Orm, and Elene Lawmontht his spous, to be warnit be officiar of session to compeir this day aucht days, failyeing thairof to be warnit be public admonition in the kirk. Lawmontht, Rolland, rij xxvj t0 Decein- bris. 1 Omitted. ST. ANDREWS KIRK SESSION. 357 7 Jsobel Methtwen, spous to Henry Andersoun, examinat, deponis that sche knew nevir that Eufame Rolland was in Waltir Makesounis ; bot, eftir sche passit and departit furtht of Waltir Makeson hows, hard say that sche was thair, and saw Henry Lawmontht cum at sum tymis to W^altir Makeson hows, bot quhat was his erend the deponent kennis nocht ; and forthir knawis nocht. 8 Dauid Lowdeane, servand to Dauid Orm, knawis na thing in the mater, bot, eftir Eufame Rolland 1 passit fra Dauid Orm hows, hard say that sche was in Waltir M c Keson hows. The said day, Margaret Gibsoun producit hir complent Gibsoun, Ken- A . lowye, Ttj aganis Johne Kenlowy, desyring hym, according to his promis xxyjp Decem- of mareage to hir maid and defloring of hir virginitie be pro- bris ' creation of ane man child betwix them, to compleit the band of matrimonie wytht hir. The said Johne confessit that he begat ane bairn wytht hir, and desyris the bairn to be admittit to baptisme, and aucht dayis to ansueir to the rest of the com- plent. The seat assignat this day aucht dayis, to wit, the xxvj day of December instant, to ansueir to the clame. Die Mercurii xxvj t0 Decembris 1571. In the terme assignat to Johne Kenlowy to ansueir to the Gibsoun, Ken- clame of Margaret Gibsoun aganis hym, the seat asinnis this lowy ' nj ' action to this day aucht dayis, wytht consent of parteis under hoip of concord. In the terme assignat to Dauid Orm and Elene Lawmontht Rij Law- his spous, to compeir to ansueir to sic things as salbe sperit at land, them in the caus of inquisition of adulterie and incest betwix Henry Lawmontht and Eufame Rolland, and gyf they compeir nocht to be warnit be public admonition in the kirk, comperit Dauid Orm and, sworn, deponit as eftir fallowis. The seat assignat this day aucht dayis to Elene Lawmontht, Jsobel Straquhin, and Thomas Layng in Elene-hyl, to compeir this day aucht dayis under panis foirsaid. 9 Dauid Orm, sworn and examinat, deponis that he kennis na thing in the mater bot be bruit ; and he, hering say that Lowdeane in MS. 358 REGISTER OF Eufame Rolland was in Grantoun, send to see gyf that was of trewtht, and sche was fund to be thair. Kenlowy, Gibsoun. Lawmontht, Rolland, rij. Die Mercttrii, secundo Januarii 1571. The said day, in the terme assignat to Johne Kenlowy to ansueir to the complent of Margaret Gibson aganis hym, com- perit Johne, declaring that it was of trewtht that Margaret buir ane bairn to hym, and that he deflorit hir virginite ; and thairfoir, according to the law of God, promittit to tochir hir at desyire of hir parentis, and to accept the cuir and cair on hym for upbrynging of the bairn. The said day, in the terme assignat to Elene Lawmontht, spous to Dauid Orm, Jsobel Straquhin, and Thomas Layng in Elene-hyll, to compeir to ansueir to sic thingis as salbe sperit at them in the trial and inquisition of adulterie and incest betwix Henry Lawmonth[t] and Eufame Rolland, comperit Thomas Layng, quha was resavit, sworn and deponit as eftir fallowis. And as for Elene Lawmonht and Jsobel Straquhin, NonoJanuarU. they war decernit to compeir this day aucht dayis, uthir wayis to be warnit be public admonition in the kirk. 10 Thomas Layng, in Elene-hill, resavit and sworn, deponis that trew it is he lent ane hors to Henry Lawmontht servand, as he lies doin at syndry utheris tymis, being requirit be his maister ; bot to quhat purpos it was, ethir to convoy Eufame Rolland or uthirways, he kennis nocht. And of the allegit adulterie and incest committit he kennis na thing, bot be bruit and fame. The said day, comperit Elspet Hammiltoun and desyrit the bairn begottin betwix hir and Thomas Scot to be resavit to baptisme, becaus he being absent, submittit hir to discipline of the kirk. The seat, in consideration [that] 1 be his bil gevin in befoir, [he] 1 confessit hir to be wytht bairne to hym, and desyrit befoir his deperture that the bairn in his absence be resavit to baptisme, and in respect of hir obedience, ordenis that eftir hir impresonment, and satisfaction to the kirk, the bairn to be resavit to baptisme, providing that at the said Scot, Hammilton. 1 Omitted. ST. ANDREWS KIRK SESSION. 359 Thomas resorting to this citie to mak satisfaction, according to the ordour, of impresoning viij dayis, and satisfaction to the kirk. Die Mercurii, nono Januarii 1571. In the terme assignat to Elene Lawmontht and Jsobel Lawmontht, Straquhin to compeir to ansueir to sic thingis that salbe sperit Rolland> r v- at them, anent the allegit adulteri[e] and incest committit betwix Henry Lawmontht and Eufame Rolland, comperit Jsobel Straquhin, quha deponit as eftir fallowis. And [the seat] 1 ordanis Elene Lawmontht to compeir this day aucht days, wytht intimation gyf sche comperis nocht sche sal be publiclie admonesed ; and forthir, the seat to devis quhat forth ir trial salbe takin in the mater, be inquisition to be takin be witnes, or uthir wayis. 11 Jsobel Straquhin, sworn and examinat, deponis that sche knawit na thing in the mater bot of voce and fame. The said day, comperit Johne Kenlowy and desyrit the Kenlowy, bairn begottin betwix hym and Margaret Gibsoun to be resavit to baptisme. The seat, nochtwythtstanding that he lies pro- mittit to tochir the said Margaret according to the law of God, nocht the les to tak away the sclandir of fornication com- mittit, ordenis them to be impresoned according to the ordour of fornicatouris, and to mak repentance in the kirk ; quhilk being don the bairn to be resavit to baptisme. Die Mercurii, decimo sexto mends Januarii 1571. The quhilk day, in the terme assignat be the seat to Elene [Lawmontht, Lawmontht spous to Dauid Orm, to compeir to ansueir to sic Rolland -l thingis as salbe sperit at hir, anent the inquisition of the adul- terie and incest allegit to be committit be Henry Lawmontht wytht Eufame Rolland, and the seat to decerne quhat forthir maneir of proces sal be takin in the said caus of inquisition, comperit Elene Lawmontht and ansuerit as eftir fallowis. Omitted. 360 REGISTER OF 12 Elene Lawmontht, spous to Dauid Orm, examinat, deponis [that sche] 1 kennis nothing, bot that hir gudman, undirstand- ing that Eufame Rolland was to depart from hym and furtht of his hows, desyrit hir to remain ; and gyf scho wald nocht remain, he sould gar convoy hir honestlie to hir freindis ; and thaireftir the guidman passit to his bed, and he being in bed Eufame past furtht of the hows ; and saw hir nevir sensyne, and hard say sche was in Waltir Makeson hows sex oulkis : and forthir deponis that Dauid Orm, being advertesit be Stevin Orm of hir departour, callit hir and desyrit hir to confess. 12 Elene Lawmontht, spous to Dauid Orm, sworn and examinat, deponis that Eufame Rolland is Henry Lawmontht wyffis sistir dochtir, and as to the rest of the articlis knawis nocht, except that hir husband, being advertesit be Stevin Orm his brother that the said Eufame was to depart furtht of his hows, as the deponent was informit, hir said husband wythtout hir knaw- ledge callit the said Eufame befoir hym in his galrye, desyring hir to remain quhill he send hir away to hir freindis, and gyf sche departit uthirwaiis, they sould na hows in Sanctandros hald hir, and he sould gyf hir up to the town as ane evildoar ; and upon that suspition wythtout thair knawledge sche departit that sam nycht at nyne howris at evin, the guidman being in his bed ; and forthir sayis that sche and hir husband was nocht content wytht the suspition at they at tymis tuik of luking betwix Henry Lawmontht and the said Eufame befoir hir departour ; and mair deponis that sche hard say that the said Eufame was sex oulkis in Waltir Makeson hows eftir sche departit of Dauid Orm hir husband hows ; and forthir kennis nocht in the mater. ]Q Henry Andersoun, witnes, sworn resavit and examinat, kennis na thing in the caus except of sum bruit that he hard. Die Mercurii, pemdtimo mens'is Januarii, anno Domini j'"v c locjej mo - Confesno The quhilk day, Catharine Wilsoun, servand to Thomas Catharine Bredfute, accusat be the seat for fornicatioun committit wytht Wilsoun. ' J 1 Omitted. ST. ANDREWS KIRK SESSION. 361 Thomas Wod, confessit the fail, and als confessit hir to be wytht childe to the said Thomas. In respect of the quhilk the seat committit hir to the magistratis to be punesed according to the ordour. The quhilk day, Bessy Bawdy confessis Jonet Bawdy hir Kinninmontht, sister to be presentlie wytht childe to Alexander Kinninmontht f^i dy ' adul in Craighal, spous to Cristen Wilsoun ; and this sche hard of confession of the saidis Alexander and Jonet in hir awn hows, wythtin thir xv days last bipast ; and thairfoir the saidis Alex- ander and Jonet to be callit to be punesed as adulteraris. Die Mercurii, sexto die mensis Februarii, anno Domini The quhilk day, Mareoun Schewes and Henry Dikesoun Decretum ,. -1*110 • l-i • Absolutorum being somound wytht the Superintendentis letteres to compeir Schewes, Diki- befoir hym and the seat, to heir and see them decernit to pro- son ' ceid to mareage be resoun of mutual promis of mareage and carnal deal following betwix them, as is contenit in the somoundis, or ellis to alledge ane caus quhye they sould nocht do the sam ; the saidis personis comperand be thair selffis the said Henry passit fra the allegeance of carnal deal and allegit that at Witsunday, in the lxviij yeir, thair was mutual promis of mareage maid betwix them. The said Mareon denyit the sam. And for probatioun the said Henry producit certane famous witnessis, sworn resavit and admittit wytht consent of parteis, and incontinent, being examinat in presence of the Superintendent and seat, deponit they knew na thing of the promis. In respect of the quhilk, the Superintendent and seat absolvit the said Mareon of the said promis, and decernit hir to proceid in mareage wytht James Forret, according to promis thairof laufullie maid betwix them. Die Mercurii, vigesimo die mensis Februarii, anno Domini j m v c septuagesimo primo. Decrete of the session anent The said day, for guid ordour to be observit, as lies bein of doctnne\°swen befoir, tweching the tyme of sermone als weil in teaching as on the Sabbat hering, alsweil on the Sabbat day as on utheris oulk wark wa rk dayis. 362 REGISTER OF dayis, the Superintendent, wytht avis consent and assent of the seat, lies ordeined that in tyme cuming the minister sal begin to teache upon Sunday ane litle befoir ten howris befoir nune, and end his teaching sone eftir elevin howris ; and on the oulk wark day to begin at nyne howris befoir nune and end at ten howris, or ellis to compas the houre sa sone as he may guidlie. Die Mercurii, xocrovj 0 Februarii, anno Domini j m v c lxjcj mo - Lawmomht. The said day, the seat ordenis the proces of Henry Law- montht to be vesiit and sein, and gyf neid beis forthir trial to be takin thairintil, as the seat sal think best. For convention of the eldaris, deakonis, rij. Die Mercurii, 1571, aoi}° Marin. The said day, the seat hes ordeined, wytht consent of Johne, Archibischop of Sanctandros, the heal eldaris and deaconis of this citie to compeir this day aucht dayis, for ordour to be takin in tyme cuming, and remeid to be had for the slaw con- vening of eldaris and deaconis to the oulklye assemblye, and warning to be maid be the official* of the assemblie. Cautio pro Dauide et Jsobella Bal- fowris. This act con- cerning Jsobel Balfowr 1 deletit in respect that sche hes alreddy maid hir re- pentance, and swa M. Thomas Balfour cautionar re- levit becaus Jsobel was impresoned. Jo. Bonkil. 2 Die Mercurii, decimo nono mensis Martii, anno Domini The said day, Mr. Thomas Balfour, in presence of the assemblie, and Mr. Alexander Sibbald, bailye, is becum bund and obligat as cautionar for Jsobel Balfour and Dauid Balfour, that the said Jsobel sal mak satisfaction, for the bairn consavit and born betwix hir and the said Dauid in fornication, wythtin viij dayis eftir sche be convalescit of hir seiknes and risin furtht of hir cheilbedlair ; and siclik the said Dauid, presentlie being of the realm, wythtin aucht days eftir his returning to this citie of Sanctandros ; undir the paine of fourtie pundis, thairof of xx lib. for the said Jsobel, and xx lib. for the said Dauid. 1 Balfowr is interlined over Dwry. 2 Bonkil was clerk at this time. His entries begin on p. 293. It will be observed that he has a contemptuous disregard for the form of the possessive case, and that he adds a final ' t ' to all words ending in ' h.' ST. ANDREWS KIRK SESSION. 363 Die Mercurii, vigesimo sexto Martii, anno Domini j m v c lxxij do - The said day, the seat — in respect of the present necessitie Kennethy, that Gilbert Kennedy, quha begat ane bairn wythtin the partis Balcasky. of Carrik wytht Elene Balcasky, and maid satisfactioun and repentence in the parroche kirk of Stratoun wythtin the partis foirsaid, and producit his testimonial thairof of the minister of Stratoun, togethir wytht his fatheris testimonie of his consent to the mareage betwix hym and the said Elene, and that the bannis ar ordourlie proclamit betwix them, and that he may nocht remain fra his maisteris service — lies ordenit hym and the said Elene to be mareit on Sunday nixt to cum, the penult Nota. day of Marche instant, the said Elene the said day makking first hir satisfaction and repentance ; providing that this or- dinance be nocht prejuditial to the membris of our congrega- tion, nor brocht in use to them that lies nocht the said necessitie in ony cais, bot repentence and mareage to be on several dayis. The said day, Thomas Wod confessit fornication betwix Wod. Wilson, hym and Catharine Wilson befoir his mareage, and becaus he is nocht nor was indwellar in this towne, the seat decernit hym to be resavit to repentence wythtout impresonment. The quhilk day, James Makke, walcar, dilatit and accusat Decretum for violating and brekking of the Sabbat day, and nocht re- ^tkTefu/-'™ sorting to the sermoun and praieris, is decernit be the seat lonem. that, gyf he beis fund committing siclike in tyme cuming, he sal pay xl s. to the collectour of the puiris almes. Die primo mensis Aprilis, anno Domini j" l v c lxxij do - The said day, comperit Henry Kilmoun, cuik, servitour to Kilmovn, my Lord Bischop of Caithnes, 1 and desyrit the bairn gottin MethUven betwix hym and [blank] Methtwen in fornication to be admittit to baptisme. The seat, in respect of present necessite, lies ordened the bairne to be resavit to baptisme, and gyf evir the said Henry salbe fund to commit fornication again wytht the said [blank] Methtwen in tyme cuming, to be cut of fra this See p. 232, n. 364 REGISTER OF congregation, and his offence to be publicat to my said Lord his maister ; providing that [blcuik] Methtwen entir in preson and mak satisfaction according to the ordour, and that being doin, the bairn to be baptizat, becaus the man lies alreddy maid repentence. Deere turn session is pe?ies [Jsobell- de- leted] Jonet Balfour. Die Mercurii, nono die mensis Aprilis, anno Domini j m v c lxoci'f°- The quhilk day, the seat lies ordenit [Jsobel — deleted] Jonet Balfour to mak satisfaction according to the ordour, for the bairn begottin betwix hir and Dauid Balfour in fornication, and satisfaction maid accordinglie Maister Thomas Balfour to be fred of xx H lift, that he becam cautionar for in cais the said [Jsobel — deleted] Jonet maid nocht satisfaction, according to the act maid in thir bukis, upoun the xix day of Marche last bipast. Decreit of the The said day, the seat lies decernit and ordeined that in session anent . . i • i ..• • j u. n • bairnis begottin tyine cuniing na bairne, begottm in adulterie or iormcatioun m adultery or outwytht [this citie of Sanctandrois and par — deletedl this par- fornication. . . rochioun of Sanctandrois, be resavit to baptisme, and albeit the sam be borne in the citie of Sanctandros. Die Mercurii, xxiij? mensis Api'ilis, anno Domini j" ! v c lxjcij do - Dewar, The quhilk day, George Dewar, wobstar, is becum souerte itorme^° * wytht his awin consent to entir Lucas Schifwrycht, in Ergail, to ansueir in the seat to sik thingis as sal be inquirit of hym quhenevir he 2 beis requirit thairto, undir paine of twenty lift, money of this realm. And the said Lucas is becum obligat and actitat wytht his awin consent to releif his said souerte of the premissis undir paine foirsaid. Die Mercurii, ultimo mensis Aprilis, anno Domini j" ! v c Lx\rij do - Decreteofthe The quhilk day, the fleschearis of this citie undirwryttin thfrkschearis. comperit befoir the ministerie, and in thair presence the auld 1 Storme has been added. 2 Be in MS. ST. ANDREWS KIRK SESSION. 365 actis contenit in the bukis of this assemblie was red, quhairin the saidis flescheris war admonesed to keip the Sabbat day haly, according to the fourt commandemand of almychty God, and als the dilatiounis of this instant yeir was red in thair presence ; quhair the saidis fleschearis war dilatit as eftir fal- lowis, to wit, Martine Lumisden and Alexander Lumisden, and thair servandis, brekkaris of flesche and sellis the sam upon Sunday, the saidis Martine and Alexander standand besyid thair servandis, brekking and selling the said flesche at thair command ; Johne Andersoun, Johne Blak, James Myllar, Androv Myllar, Thomas Cuthtbert, Patrik Pawtoun, Johne Williamson, James Herman, James Dempstertoun, Alexander Watson, and James Cwik, be thair selves brekaris of flesche and sellaris of the sam, upon the Sunday, in public markat, violating the Sabbat day ; albeit the saidis fleschearis war oft tymis dischargit be the ministerie and hes nocht obeyit the sam, bot contemptuusly refusit to obey ; and becaus the saidis fleschearis be continuation of tyme lang bipast hes violatit the Sabbat day, being yeirly callit and admonesed, and hes nocht hard the voce of the kirk : heirfoir the ministerie, in presens of the saidis fleschearis, hes commandit and chargit al and hail the fleschearis of this citie present for the tyme, and alswa al utheris that sal succeid in thair place, in the name of the eternal God, thair selves and thair servandis to abstein fra violating of the Sabbat day in tyme cuming ; and that they nor nane of thair servandis in tyme cuming slay brek nor sel flesche, privatlie nor opinlie, upon the Sunday, undir paine of excluding and debarring of them and thair servandis fra al benifit of the kirk in tyme cuming, to wit, mareage, baptising of thair bairnis, and participatioun of the Lordis table, wythtout they mak public repentence for thair faill, quhilk sal be in joined to them be the ministerie. Die Mercurii, septimo Mali, anno Domini j" l v c Li\vij do - ^ The quhilk day, the seat hes ordeined that in tyme cuming Essi"on aganis nane sal present thair selves to the communion wvthtout tikat them that 1 • presentis thame resavit fra the dark or the quartar quhair they dwel or selves to the minister. And quha that dois the contrar sal mak public N^ThTout^lkat. 366 REGISTER OF satisfactioun, and upon thair kneis ask God and the congrega- tion forgifnes. Die decimo quarto Maii, anno Domini j m v c lxxij do - Ramsay, The said day, anent the complent gevin in be Jonet Smytht Smytht. aganis Andro Ramsay, cordonar, makking mentioun that he hes deflorit hir virginite be mutual and carnal copulation wytht hir, and hes promittit mareage to hir, quhilk he refusis to per- form ; comperit Andro Ramsay, quha confessit the promis of mareage and carnal copulation as is contenit in the complent, and befoir carnal copulation he desyrit his fatheris consent to marie according to his promis, and could have na ansueir of his father thairof. The seat ordeined Patrik Ramsay and his spous to compeir this day aucht dais, to ansueir to sic thingis as salbe sperit at them. Die Mercurii, xxj mo Maii, anno Domini j m v c li\vij do ' Rekye, Colmg. 'p]^ q U hiJk d av? Thomas Rekie, in the parrochioun of Logye, and Margarete Coling thair, somoind wytht my Lord Archi- bischop of Sanctandros letteres to compeir befoir hym, to ansueir to sic thingis as sould be sperit at them anent ane bairn gottin betwix [them] 1 in adulterie ; the said Thomas compering be hym self confessit and granted that he had carnail deal wytht the said Margaret, bot yit sayis the bairn is nocht his. Com- perit also the said Margaret, and allegit the said Thomas to be the bairnis fathir and na uthir, and for verification thairof that, at the tyme of birtht, in presence of Beiggis Orknay in Kil- many, Besse Mason in Forret Myll, and Cristen Jngrame thair, sche confessit the bairn to be the said Thomas and na utheris. Ramsay, The said day, in the terme assignat to Patrik Ramsay and Smytht, rij. S ^ QUS com p e j r to ansueir to sic thingis as sal be inquirit of thame, anent the promis of mareage maid be And row Ram- say thair sone and Jonet Smytht, they being verifiit warnit to compeir be Robert Hew officiar of the seat and nocht com- perand, the seat ordeined them to be warnit of new to compeir 1 Omitted. ST. ANDREWS KIRK SESSION. 367 this day aucht dayis to the effect foirsaid, wytht intimation gyf they compeir nocht the seat wil proceid as efFeris. Die vigesimo octavo mensis Mali, anno Domini j m v c lxxij do - The said day, in the terme assignat to Patrik Ramsay to J?*™^' compeir befoir the sessioun to ansueir to sic thingis as sould be sperit at hym, anent the promis of mareage maid be Andro Ramsay his sone to Jonet Smytht ; comperit the said Patrik, quha being demandit be the seat, gyf evir he gaif his consent to the said promis of mareage or was requirit thairto ; quha deponit and ansuered that his sone requirit hym to gyf his con- sent ; and Patrik refused aluterlie to gyf his consent thairto. In respect of the quhilk, the seat ordined the said Andro to travel alwais to have his father consent for performing of his promis, uthirwayis to use the libertie that God hes gevin to hym, according to the ordinance of the kirk and privilege grantit in sic casis be the samin kirk. 1 Die Mercurii, undecimo Junii 1572. The said day, Lucas Storme confessit adulterie committit be Confess™ adui- hym wytht Elizabetht Drowmoind, spous to Thomas Stevinson, storm. mcestus and also incest wytht Elspet Wallace his wyffis sistir, or he mareit his wyffe ; and thairfoir George Dewar wobstar is becum Cautio Storme souerte for the said Lucas that he sal fulfil the heal injunctiounis Dewan to be injoined to hym, be my Lord Archibischop of Sanct- andros the kyrk and the assemblie, undir the paine of twenty lib. i Die Mercurii) penultimo die mensis Julii, anno Domini j m v c Decreit of the . 7 seat of the com- septuagesimo secundo. mission to com- missionaris to The quhilk day, the session thinkis expedient ane commis- the General sion to be gevin to Mr. Robert Hammilton, minister, and Mr. the Kirk 2 to be 1 While the Reformers insisted that those under the power of others should consult their parents or curators regarding marriage ; yet they held that, if these should object on worldly grounds, the matter might be brought before the ministry or the civil magistrate, who, if they found no sufficient cause for object- ing, might 1 enter in the place of the parent,' and 1 admit thame to mariage ' {First Book of Discipline, ninth head). 2 Kir in MS. 368 REGISTER OF haidin at Pertht William Cok, bailie, to compeir in the Assemblie General to the vj of August . ... t. p a nixt to cum. be haidin at Pertht the vj of August mxt to cum. Die xxvif A ugusti , j' n v c lxxij o.l Dccretum The said day, William Prat is decern it be the seat to resave Prat, Tuilos. Q e \{ s Tullos his spous in bed and buird, and to intrait hir as becummis ane Christiane man to intrait his spous ; and als the said Gelis to serve hir said spous as becummis in al tyme cuming, undir paine of excommunication. Die Mercurii, vigeshno secnndo Octobris, 1572. My liar et Mou i- Gelis Monipenny confessis hir to be wytht childe to James P e o "* l y f ornlca Myllar, sum tyme servand to Dauid Orme, and James confessis hym to have had carnal deal wytht the said Gelis. Pittnio, johne- Jonet Jolmestoun confessis hir to be wytht child to Johne son,foruica- i «- T » tores. Pittillo, servand to Mr. Alexander Jarden. Brown, Howe- Agnes Brown confessis hir to be wytht childe to George S t°ores( 0nnCa Howeson, chaepman, in this citie, and als confessit be George Howeson to the dilation foirsaid. Tweddeii et Effe Tweddel confessis hir wytht childe to Robert Zowng, Zowng./omua serv j|. our ^ Q ^ ne L a i r d G f Kinkell. Die Mercurii, quinto die mensis Novembris, anno Domini j m v c lxxij do - Eldaris. Mr. Johne Ruthirfurd, Provest of Sanct Saluatoris Colleage Mr. James Wilke, Principal of Sanct Leonardis Colleage Mr. Archibald Hammiltoun, 2 professour in the New Colleage Mr. Alane Lawmontht Mr. Thomas Balfour James Robertsoun Charles Geddy Mr. William Cok Mr. Johne Bonkil Johne Motto Mr. James Wemis of Lathokir Dauid Walwod Andro Wod of Strathtwethye Thomas Walwod James Forret of Polduff. 1 ixxvij 0 in MS. , evidently by mistake, as otherwise the entry would not only be misplaced, but misdated, for in 1577 the 27th of August was a Tuesday. 2 Archibald Hamilton was one of the five Hamiltons who entered St. Mary's ST. ANDREWS KIRK SESSION. 369 Diaconis. James Brydie William Main Alexander Crastaris Alexander Hay William Zwill George Blak William Gyfferd Thomas Lavng in Eleinhill Alexander Myllar Andro Lawson in NethirMagas Dauid Foster in Kincaple. The form of the aitht gevin be eldaris and diaconis, wytht certaine particular actis and ordinances con- cerning the ministerie and sessioun. We sweir and promisis, conform to the chairge this day Nota. injoined to us, to stay remove and wythtstand according to our be e Wads and" power al idolatrie blasphemie disordour, and al uthir thingis ^SneacSs bt contrar the Word of God, reformatioun of the Euuangel, and concernins: them ] form of discipline resavit conform to the Word of God, and to advertis thame to quhom it sal appertein as occasioun salbe offered. Item, quhen we sal undirstand ony thing worthie to be reportit to the seat, that we sal, wythtout hetred favour or affectioun particular, declair the sam ethir be word or write to the minister or redar, that this parrochioun may be haldin clein, and ordour of discipline in the fear of God observit. Item, that al thingis, enterit in and disputat amangis us, to the end off" the final conclusioun, salbe kepit secrete ; and then being askit of ony persoun tweching the equite thairof and quhat was thair part, we sal refer us semplie to the decreit wythtout ony excuse of our awin persoun, undir paine of infamie and depositioun of the seat. Item, wytht guid conscience we sal dischairge in al pointis College in 1552. He was appointed a regent in that college in 1558, and 'was promoted from the professorship of Rhetonc to the station of third master in 1569, and to that of second master in 1575' (Lee's Lectures, i. 228. 345, 346). For a long time during Knox's last visii to St. Andrews, Hamilton, 'who at that time made the highest pretences to religion and piety' (Laing's Knox, vi. 651), would not attend his preaching, 'bee us that he affirmed, in his teich- ing, that Hammiltounes wer murthereris ' (Bannatyne's Memorials, p. 262). He afterwards went to France, recanted his Protestantism, and wrote two virulent works against the Scottish Reformers (M '(Trie's Knox y n. G G G). In connection with the eldership, he will be met with again in this Register. 2 A 370 REGISTER OF and keip the statutis and ordinances that ar devisit be the brethir, seat, and General Assemblie, and word of God, 1 and procuir the sam according to our power. Item, we, all befoir sworne, assemblit, subscrivis to the act concerning the tyme of our convening and howre, and promissis to continew in the sam fra our entre quhill it be absolvit ; providing alwayis that na actionis, ethir of the Superinten- dents or ony uthir, be presented befoir us quhill the effaris of No/a. oure awin kirk be decernit and concludit, and thaireftir it be lesum to depart, gyf that willinglie we find nocht guid to remain. Item, that na persoun sal remain wytht us, electit eldaris and deaconis, 2 at voting, wythtout they be tacheris wythtin our congregatioun, and lies promisit to re veil nothing intrated in this privat assemblie. Item, last, that all thingis may be doin wytht guid ordour and discretioun, we promis that ane onlie sal speak, and everilk ane sal speak as they sal be requirit, wytht reverence frelie his jugement, according to his conscience. And gyf ony conten- tioun throucht heat of disputatioun ryis amangis the brethrin, lie sal be broth erlye admonesed be the minister, that wytht ane cumlie ordour all thingis may be concludit. And gyf the minister brekkis this ordour that he be admonesed be the eldaris wytht modestie. Lecta et approbata. Jo. Bon[kil.] Die xxj° Mai Lrj°- [Here the entry, 4 Anent the absens fra the sait," already printed on p. 72, is re-inserted, with a few very slight and unimportant variations. There is most difference in the final clause, which here reads : — ' for ilk fait to the box of the puir onforgevin. 1 ] 1 The words and word of God are in the margin, and are indicated by marks to come before General Assemblie, thus th 1 owing both the ands together. 2 The words electit tldaris and deaconis are added in the margin. ST. ANDREWS KIRK SESSION. 371 Die Mercurii, decimo nono mensis Novembris, anno Domini millesimo quingentesimo septuagesimo secundo. The said day, the sessioun lies statute and ordinat the towne Nota* to be quartered, to the effect that trial may be takin of the Statut of confession of thair faitht befoir the public fasting and com- cerning trial, munioun nixt to be celebrat. And the inhabitantis namis of &c ' this citie to be rollit, according to the act statut red and approvit yerlye in this kirk. Die Mercurii, tertio Decembris, anno Domini j" l v c lxxij do - The quhilk day, the sessioun statut and ordeined the names ^ota. of them that wilfullie absentit thame fra the last communioun Statut for trial to be presentit to the seat, and to that effect trial to be takin % uiem^that of everilk quarter be the ministeris and examinatoris thairof : absentit thame * < self fra the com- and siclik that inquisitioun be takin be dilatioun of them that munion and ar commoun bidars from the doctrine and preachingis the fra^he docTdne dayis appointeid thairto ; and to begyn the premissis this day and Poaching, aucht dayis, to wit, the tend day of December instant. Die Mercurii) decimo Decembris, anno Domini j m v c ljcxij do - The said day, in the term assignat to tak trial of them that [Absentis abaid fra the last communioun and to gyf up thair namis in commu™ write — Comperit James Brebner and confessit that he nevir com- municated sen the beginning of the religion. Thomas Wobster confessis that he was nevir at the com- munion bot anis, and then was admittit in hoip that he sould have lernit. James Donald, seeman, confessis hym nevir to have bein at the communioun. Alane Steil, wobstar, confessit hym to have bein fra the last communion, and communicated nevir bot twys, and cam nevir to examination bot twys. Johne Lundy, servand to the Ladyis of Culuthy and Ardre, nevir communicated, and confessis that he was warnit be 372 REGISTER OF Confessio Ade, and appro- bation of our relegion. Ci nfessio Myllar. Hardy, Mark, fornicatoris. George Blak and William Main to cum to the last com- munioun and gyf confession of his faith t. Thomas Orok confessis hym nocht to 1 have communicated thir sevin yens bygain, and can nocht say the Lordis Prayer. Stevin Ade, masoun, being callit and accusit for nocht cum- ing to the last communioun, nor yit sen beginning of Reforma- tion, ansuered that he was nocht evil* remanent heir, yit in Brechein hes twys communicated wyth M. Johne Helpburn ; and promisit to bryng ane testimonial thairupon betwix this and the first of Aprile nixt to cum ; and ratih'is and apprevis our religion, renuncing the Pap, mes, purgatorie, wytht the hael rest of utheris abominatiounis, and he being present promittit to communicat at the nixt celebration of the Lordis Suppir, &c. Patrik Myllar, cowper, being dilatit for hurdom wytht Jsobel Ramsay quha buir ane barne to hym at Alhalowmes last was, Patrik confessis hym to have had carnal deal wytht hir at Candilmes last was. Jonet Gibson being present tyme of birtht of Jsobel Ramsay [and also Katerine and WUiam — deleted] and fathered the bairn upon Patrik Mvllar.' 2 Jsobel Hardy confessis hir to be wytht childe to Dauid Mark servand to Henrv Wilsoun maltman. Conftssic adulterii Mark. Johne Tailzowr. Die Mercurii, vigesimo quarto mensis Decembrh; anno Domini millesimo quingentesimo septuagesimo secundo. The said day, Margaret Mark, spous to Androw Brown tailyowr, grantis hir to have bein absent fra cohabitatioun of hir said spous thir five yeris bygaine, and committit adulterie wytht Gilber Hay, brother sone to the Laird of Langnedrye, in Edinburgh, in Dauid Lowsoun hows, tailyowr, and usit the said Gilbertis cumpanye be the space of ane quartar of yeir, twa yeir syne. The ministerie, in respect of the adulterie confessit, ordenis the said Margaret to be punesit as ane adulterar in sekclaitht, according to the ordour of the Kirk. The said day, Johne Tailzowr, seeman, confessit hym nevir to have bein at the communioun thir tuelf yeris bygain, and 1 / in MS. 2 This entry has been roughly scored out. ST. ANDREWS KIRK SESSION. 373 confessis that he imbrases the religioun, and was absent of the realm tyme of celebration of communioun. Johne Bell, cuik, nevir communicat bot twis, alleging hym johne Bel. to be absent of the town tyme of the celebration of the com- munion, and promittis in tyme cuming to hant the communion, and is nocht knawing to be ane contemnar. [Johne — deleted] George Craik nevir communicat and can George Craik. say no thyng. Nicol Howat nevir communicated. Nlco1 How * 1 - Die Marcurii, vigesimo primo Januarii, anno Domini j m v c locx\j do - Androv Law presentit his bairn to baptisme, and gaif con- Confessio Law. fessioun off] his faith t, and apprevit the religioun and ministra- tioun of the sacramentis usit in this congregatioun ; and promittit in tyme cuming to frequent the preaching and prayaris, and to communicat quhen tyme servit ; and this promis was maid in presence of the congregatioun. The quhilk day, the seat concludit and ordinat that the Nota. personis off and membris of this sessioun that absentis thame ® e "ZluTpcnes selves in tyme cuming, and cummis nocht the oulk dav absentes a appointed to sitt, that they be punisched according to the act maid of befoir, wythtout exceptioun of personis and forgeving to ony man, wythtout the absent have lawful impedment and the sam apprevit be the sessioun. Item, siclik, 1 it is statut and ordinat, anent the punischement Nota. of adulteraris and fornicatoris in tyme cuming, that the session VessioniT penes send thair supplication to the magistratis of this citie, to execut adult f r( >s/or- . 1 1 ° 7 nuatoris et the actis and ordinances of the seat, and also to tak ordour contumaces wytht thame that ar warnit to compeir befoir the seat and com- taticTnon ° peris nocht; and George Blak to present the supplication ^d^J^f^f to report ansueir to the seat. And siclik the sessioun desyris clones. the actis aganis the brakeris of the Sabbat day to be put to executioun be the magistratis in general and particular, and aganis nocht frequentaris to the sermonis, and decane of gild 1 Hem, it is siclik in Ms. 374 REGISTER OF to do his deutie conserving the sam, [as well as] 1 utheris magis- tratis and maisteris of howsis. Lumisden rij. Admonesit to eschew al sclandir in tyme cuming. Howeson, Brown, rij. Scott, Meffen, rij. Leyis, W'alcar, rij. Mark, Hardy, fornicatoris. Die Mercurii, vigesimo octavo Januarii, anno Domini j m v c lxocvj d °- Margaret Lumisden, relict of umquhill Alane Brown skinner, is dilatit to the seat as ane commoun resetter of Thomas Tullos in Hilcairnie, nycht and day, and to have carnal deal wytht hym and utheris diverss personps] ; and thairfoir the seat ordenis hir to be callit and accusat thairfoir this day aucht dayis. Item, Johne Howesoun, chaepman, in mutual cohabitation wytht Johne Brown merchand dochtir, keping bed and buird wythtout mareage, to be callit and accusat this day aucht dayis. Item, Henry Scot, cuik, dilatit for mutual cohabitation wytht [blank] Meffen his harlot of auld, to be callit as said is. Item, Johne Leiys, in Kincaple, frequentis Margaret Walcar his auld harlot, to be callit ut supra. Dauid Mark, servand to Henry Wilson, confessis Jsobel Hardy to be wytht childe to hym ; and committit to the magis- traitis to be punisched as fornicatoris. Die Mercurii, decimo octavo mensw Februarii, anno Domini j'"v c Li\vij' / " Tweddei The quhilk day, Hannis Tweddell, accusat for brekking of brekking of the the Sabbat day in thresching of corne fra fowre howris in the fb^thresching mornm g quhil foure howris at evin, confessit his offence ; the of come. correctioun committit be the seat to the magistratis. Wallace. The quhilk day, Elspet Wallace, being askit upon ane grite sTorm Ce aitht gyf sche schow to Beterage Wallace hir sister, befoir sche was mariit wytht Lucas Storm, that he had carnal deal wytht hir, quha ansuered that sche said to the said Beterage cuming to be mariit [blank]. And Beterage ansuered, Now is tyme to speak gyf thair be ony impediment quhy I may nocht mary hym, and said na mair. Also the said Elspet confessis that 1 Probably omitted. ST. ANDREWS KIRK SESSION. ,'375 sen the mareage he hes had diversis tymis carnal dail wytht hir, and hes solistit hir to pas wytht hym. Also Beterage sayis, in hir grite aitht, that sche nevir gat knawlege of Elspet hir sister befoir the mareage, that evir Lucas had carnal dail wytht hir ; and Beterage requirit, befoir the mareage, al that was in the hows for the tyme gyf they knew ony impedment that they sould schaw the sam, quha said they knew nane. The quhilk day, the sessioun hes decernit the bairn begottin Myliar, betwix Patrik Myliar and Agnes Patersoun to be resavit to baptisme, becaus the bairn is seik and waik, and that the said Agnes hes submittit hir to mak satisfactioun at the kirkis desyre and will ; and to that effect Dauid Walwod is becum cautionar undir paine of xl lib. And als in respect that the said Patrik hes confessit the bairn to be his befoir us, and oft- tymis of befoir admonesit to present the said bairn and refusit to do the sam, thairfoir in the said Agnes obedience hes ad- mittit the bairn to be baptizat ; remitting the said Patrik to be punesed be the magistratis of this citie. The quhilk day, M. Johne Ruthirfurd, Charles Geddy, M. Dauidson. George Leslye, and Johne Scot, chosin wytht avis of the Myhs * sessioun betwix Jonet Dauidsoun and Margaret Mylis, fand fait wytht Margaret Mylis and appointed hir so frelye to mak ane mendis, quhilk the said Margaret did conform to appoint- ment ; and thairfoir decernit, that gyf athir of the saidis per- sonis heireftir injure utheris be wordis, that the falter salbe punesched maist rigoruslie, athir be opin repentence upon the Sabbat day, or gritar as the kirk and sessioun sal thynk ex- pedient, conform to the cryme and circumstances thairof. Die Mercurii, vigesimo quinto Februarii, anno Domini j m v r lxx\j do - The quhilk day, befoir sermoun, Johne Forret, sumtyme Recantacio callit Schir Johne Forret, 1 Vicar of Swentoun in the Mers Forret - 1 Perhaps the same John Forret who acted as procurator for John Forret oi that ilk {supra, p. 117). There can be no doubt, however, as to his identity with the 'Popish priest called Sir John Forret,' whom the Bishop of Sr. Andrews was charged, in the General Assembly, on the 6th of March 1572-3, with admitting ' to minister the sacrament of baptisme in the Merce in Swinton, 376 REGISTER OF wythtin the diocy of Sanctandros, recantit in maneir eftir following, willinglie offering hym self as ane subject of the Archibischoprie of Sanctandros. Die Mercurii, decimo octavo mens'is Martii, anno Domini j m v c lxocij do - Nota. The quhilk day, it is statut and ordinat be the sessioun that sessSn°anent the namis of the Papistis wythtin this congregatioun be serchit Papistis. anc j g ev i n m bil to the minister, that ordour ma be takin wytht them according to Act of Parliament betwix this and the aucht Octavo ApHiis. day of Aprile nixt to cum ; and siclik the names of al thais that hes alterages or fundatiounis wythtin the parroche kirk of this citie of Sanctandros. Die MercuHi, vigesimo quinto mensis Martii, anno Domini millesimo quingentesimo septuagesimo tertio. Nota. The quhilk day, that all suspitioun of Papistrie in this pre^y wythtin reformat congregatioun be removit, it is ordenit : That the this citie, rij. q. ] iea l preistis that brukis ony fundatioun wythtin this citie compeir this day xv day is, of new to gyf confession of thair faitht, and to ansueir to sic thingis as sal be sperit and askit of them, concerning the pointis of religion and observing of the preaching and doctrine. Nota. The Lady Ardre and Lady of Culuthye and Johne Lundye ^dCulmhfe^ 6 thair servand dilatit and suspectit of Papistrie. Nota. Besse Brown, servand to Schir George Read, Papist and Besse Brown. nev j r cam £o ^} ie communioun. i! 0 **'* • Schir Dauid Mwir, ane of the fundatioun of our Lady alter Dauid Mwir. * ■ .-• „ J wythtin the parroche kirk 01 the citie of Sanctandros, ane Papist unrecantit and obstinet. to whom the Superintendent of Lothian had of before given certain injunctions which the said priest had not yet fulfilled.' Douglas answered, 'That the fore- said priest recanted all Papistrie in the Kirk of Sanct Andrews ; and thereafter he admittit him to administer the sacrament of baptisme.' 'The Assembly ordained the said Popish priest to repair to the Superintendent of Lothian to receive his injunctions; and in the meantime to be discharged of all office and function in the Kirk ' {Booke of the Universall Kirk, Ban. Club, i. 255). ST. ANDREWS KIRK SESSION. 377 Die Mercurii, anno Domini j'"v c lxxiij°- decimo quinto Aprilis. The quhilk day, Lucas Storme, schifwrycht, callit befoir the ConfuHo inces- session, and accusat 1 of adulterie and incest committit wytht storm, Elspet Wallace, sistir to Beterage Wallace his wyffe, divers and Wallace - sindry tymis sen he was mareit wytht the said Beterage, and eftir he was admonesed be the kirk to desist thairfra be public admonitioun in the presens of the heal congregation ; the said Lucas, being of grite penetence as apperit, confessed the said accusation fail and cryme befoir my Lord Archibischop of Sanctandros and sessioun. In respect of the quhilk, the session remittit the punitioun thairof to the magistratis. And the said Elspet confessit the said cryme of befoir in presence of the session, upon the xviij day of Februar last bipast. The quhilk day, Christen Geddye, dilated to the seat to be Accusacio wytht childe be committing of fornicatioun, denyit the sam ; formca'tc^is!* 0 "' and gyf it be fund uthir waiis sche to be punesched for the said denyal according to the ordour. 2 And yit, upoun the xxiiij day of Junii 1573, Christen, callit befoir the assemblie, confessit hir to have borne ane woman bairn to Dauid Eliston, quhilk the said Dauid confessit. Die Mercurii, vigesvmo secundo Aprilis, anno Domini j m v c lxxiij° The quhilk day, it is statut and ordeined be the sessioun Decretum ses- that Lucas Storm and Elspet Wallace be 3 publiclie somound Wallace 10 ""' to cum to repentence for adulterie and incest committit betwix them — to wit, the said Lucas, being mareit wytht Beterage Wallace, committit adulterie and incest wytht the said Elspet — undir pane of excommunication. Die Mercuru, sexto Mail, anno Domini j m v c lxxiij° The quhilk day, anent the fornicatioun committit be Nota. servandis wythtin mennis howsis, alsweil to burght as land session anent wythtpn] 4 this parrochion of Sanctandros, the seat ordenis f a r t ^" s d ^d° rni " thair maisteris. 1 Accasat in MS. 2 The concluding sentence of this paragraph has been added afterwards. 3 To be in MS. 4 Omitted. 378 REGISTER OF Celebratioun of the com- munion : ex- amination and dilatiounis be- foir the com- munion. ane supplicatioun to be offered up to the magistratis to consent [to] 1 ane act to be maid that quhatsumevir servand committis fornicatioun, the servand maister sal pay the servandis half ffee quhithir it be hael yeir or half yeir to be deliverit to the col- lectour of the puuir almes, and that the act of xl s. maid on the maister be put to execution, wythtout derogatioun of the punischement of impresoning maid off befoir. The quhilk day, tweching the celebratioun of the communioun nixt to be, [it] 1 is appointed to be upon Sunday the last day of Maii instant, and the first day of examinatioun to be upon Twisday the nynetein day of Maii instant, and dilatiounis to begin to be takin up upon Furisday the xiiij day of Maii instant. Die Mercurii ^viij 0 Maii 1573. Pittilio, The said day, anent the fornicatioun committit betwix Johne johneson. Pittillo and Jonet Johnesoun, it is concludit be the seat that they sal mak satisfactioun upon the penitent stuill and mid gre thairof, for the fornication ellis committit. And becaus promis of mareage is alreddy maid betwix thame befoir the redar, and the said Jonet being now in nurischip bund in service, the seat ordenis them to find souertie undir 2 paine of xl lib. to compleit the band of matrimonie betwix them, betwix this and mydsomer in anno etc. Ixxiiij. Die Mercurii , vigesimo Maii, anno Domini j m v c locxiij°- Angus, Dauid- The quhilk day, Nannis Angus confessis hir to be wytht torTs'. f0rni ° a " childe to Thomas Dauidsoun, sone to Agnes Wilsoun, and Nannis confessis na promis of mareage betwix hir and the said Rogear, just. Thomas. And James Rogear and Christen Just confessis ane c hilde gottin betwix them in fornication, and offeris them to discipline of the kirk, and the kirk remittis them to the magis- Mair, Gray. tratis. And Margaret Mair confessis hir wytht childe to Malcom Gray chaepman. 1 Omitted. That undir in Ms. ST. ANDREWS KIRK SESSION. 379 Die Mercurii, tertio Junii, anno Domini j" l v c lxociij°- The quhilk day, it is denuncit and schawin to the sessioun Cristell. that Johne Christal, indwellar in the burght of Dunde, is ane Decreit of ses- excommunicat persoun, and hantis and resortis to this citie, and ! io , n ai *5Jrt , . . . « Johne Christal resavit thairintill and mentenit, to the grite sclandir of the person excom- sam ; quhairfoir the sessioun, for evading of the said sclandir, Dundee.^ " hes fund and decernit the premissis to be opinlie publist in pulpet ; and, publication being maid, gyf ony persoun or per- sounis, inhabitants of this citie, resavis hym in thair hows, bys or sellis wytht hym, or communicatis or usis cumpany wytht hym, quhil he be reconsilit to his awin kirk, [they] 1 sal be giltie of his cryme and excommunicated. The quhilk day, James Portarfeild is denuncit to the ses- James Portar- sioun, to absent hym self wilfullie fra the communion and ane feild ' public contemnar of the religioun. And [Johne — deleted] Stevin Robertson, alias Sovvtar, and Stevin Robert- his twa sisteris, nevir communicated ; and he and his mother tar^and^hYs^ and saidis sisteris lyis in bed togethir. sisteris. Item, it [is] 1 denuncit to the sessioun that Alexander Naper Alexander hes separated hym self fra his wyffe, esteming and allegeing hir Na P er - to be ane harlat and huir, quhilk is ane grite sclandir in this citie. The said day, it is decernit be the session that the act maid Nota. in thir bukis, anent them that presentis them selves to the com- p^esendsThe 1 ^ 1 munion wythtout tikatis, or wytht fengyeit tikatis, of the dait selves to the i ■• j j» ■»«■•» rmr* ,., communion the vij day of Man 1572, be put to executioun ; and likwis the wythtout tiketis act and statut maid on them that cummis nocht to examina- ^ati" Sye t tion and communioun. Die Mercurii, .vjeiiij t0 - Junii, anno Domini j'"v c Lvxiij" The quhilk day, anent the allegit promis of mareage betwix Ednem.Pittillo. Thomas Pittillo, smytht, and Catharine Ednem, the parteis comperand be them self, the said Catharine allegit the said Thomas to have maid promis of mareage to hir simpliciter and now hes rejectit hir be contracting hym wytht ane uthir woman. 1 Omitted. 380 REGISTER OF Quhilk promis the said Thomas denyit, and allegit that he maid na promis to hir, bot this commoning was betwix them, 1 that gyf the said Thomas fathir and mothir wald be content that he sould marye hir, and that hir freindis wald support hir thairto, he sould be content thairwytht. And the said Catharine, being requirit gyf sche wald prevehir allegeances of promis, said sche could nocht preve the sam ; and referrit the said Thomas allegeance of promis simpUciter to his aitht, quha sweir his allegeance to be of trewtht and rejectit hir of na wyss, and kennis na thing of hir bot all guid and honestie ; and gyf his father and mother wald have consentit he sould mareit 2 hir by ony uthir woman. In respect of the quhilk the seat absolvit them of premissis hinc bide geving licence to them to mary in the Lord. Myliar, Moni- The quhilk day, William Gyfferd and Thomas Playfeir ar ^Wota becum souerteis for James Myliar and Gelis Monipenny, that they and ilk ane of them sal fulfill the injunctiounis of the kirk quhenevir they salbe requirit thairto, under paine of xx t! lib. In respect of the quhilk, the sessioun lies ordeined the bairn gottin betwix them in fornication to be resavit to baptisme. Die Mercurii, secundo Septembris, anno Domini j' n v c Li\ri\j°- Bred. The quhilk day Robert Bred being accused for brekking of the Sabbat day in leading of his cornis confessit the said fail. Moreis, Parke, The quhilk day, William Moreis, wrycht, is decernit be the 25/* Se $ tem ' sessioun, in respect that he allegis the bairn fathered be Beiggis Parke on hym is nocht his, bot ane uther mannis in the parrochioun of [blank] callit ; 3 ordanis the said William to preve the sam this day aucht days, the nynte day of September instant, uthir waiis to tak wytht the bairn. [Guidiat.j The said day Johne Guidlat maltman, accusat for brekking of the Sabbat day binding of benis, confessit the sam. 1 These words commoning zvas betwix them are added in the margin, and the relative marks indicate that they should be inserted before this, not after it ; but that order would mar the sense. 2 Nevir mareit in MS., but as the words ane uthir have been deleted after mareit so should nevir. 3 The name is omitted. ST. ANDREWS KIRK SESSION. 381 Die Mereuri'u dccimo sexto mens'is Septembris, anno Domini The quhilk daye, Jolme Gourlay marinar confessis Jonet Confess™ Myllar to be wytht childe to hym, and the said Jonet confessis My?kr. y ' the sam, and submittis them to discipline of the kirk. And Johne Lawsonn baxter is becum souerte for Johne Gourlay, for satisfaction to be maid to the kirk, undir paine of xL lib., and Johne Gourlay oblist to releve the said Johne Lavvson. And Simon Myllar cowper souertie in like maneir for Jonet Myllar, and the said Jonet to releve the said Simon. The quhilk day, my Lord Archibischop of Sanctandros, wytht Neiison, Swan, consent of the seat — nochtwythtstanding the promis of mareage Kmsman ' Gng betwix George Neilsoun in the parrochioun of Seres and Elspet Swan, in respect that the said George lies gevin his body and contractit wytht ane uthir woman callit Jsobell Kinsman, and mareit wytht hir in the face of the congregation of Cowper, and efter hir deatht hes contractit of new wytht Jonet Grig and gevin his body to hir — decernit the said Elspet Swan to be fre of hym, and nocht to be compellit to ad heir to hym ; and als ordenis the said George Neiison to desist and ces fra al forthir adherence wytht the said Jonet Grig, undir paine of excom- munication. 1 Die septimo mens'is Oetobris, anno Domini j m v c lococwj° Elene Florymound alias Oliphant dilatit to the seat to be Fornicatoris. ane commoun harlat, and to be callit, and the magistratis to oll P hant> m 7 ' » # Andersoun. tak ordour wytht hir be ordour of ane a c sis ; and now comperit the said Elene and grantit and confessit hir to have had carnal conversation wytht Johne Anderson, servand to Robert Scheves my Lord of Caithnes 2 servand, and that scho hes promis of mareage of hym ; and in likwis confessis and grantis hir to have had carnail conversatioun wytht Johne Batoun, servand to Oliphant, George Dowglas, in myd September last was or thairby, wythin Betoun - the citie of Sanctandros. 1 Excommuvicatio in MS. 2 See supra, p. 232 n. 382 REGISTER OF Die decimo sexto mensis Octobris, anno Domini j' n vdxxiij°- The quhilk day, the personis undir wryttin, wytht commoun consent of tlie inhabitantis of the citie of Sanctandros, war eleetit and chosin eldaris and diaconis. Eldaris. Maister Johne Ruthirfurd, Provest of Sanct Saluatouris Colleage Maister James Wilke, Principal of Sanct Leonardis Colleage Maister George Gillespie, regent in the New Colleage Maister Alane Lawmontht Maister Thomas Balfour, Dauid Walwod bailye Charles Geddy Maister William Cok Maister Johne Bonkil James Robertsoun, bailye Andro Wod of Strawethie Johne Motto James Forret of Smyddie (liarles Guthre 1 Grein. Diaconis. Alexander Crastaris William Main James Brydie George Blak William Zwill James Alane William Gyfferd Dauid Foster in Kinkaple. Alexander Myllar Die xxj" 10 mensis Octobris anno 1573. The quhilk day, the actis concerning the aiftht], 2 hour of assemblie appointed to con vein, alio wit and red of befoir, war th[is] day red publesed and apprevit. Die Mercurii, quarto die mensis Novembris, anno Domini j m v c lxjciij°- Mom, Hagye. quhilk day, Marioun Dawsoun maedwyf in Ladeddye and James Mont in Strakinnes being somound to compeir 1 In this year Charles Guthrie is described as master of the fabric of the parish church {Abstract of the Writs of St. Andrezvs, Nos. 140, 147). 2 The oath taken by the elders and deacons after their election. See p. 369. ST. ANDREWS KIRK SESSION. 383 befoir the seat to ansueir to sic thingis as sould be sperit at The sessioun them, comperit the said Marioun. And being examinat anent s ioun of this ane bairn begottin in adulterie betwix the said James and Chris- mater q uhl1 & t t consultation be ten Hagye, the said Marion, comperand be hir self, deponis that takiii wytht the sche was wytht the said Christen in the extremitie of hir birtht, blie of the and demandit of hir quha was the bairnis father, and Christen Kirk- ansuerit, the said James was the bairnis fathir, in presence of Jonet Lawson in Strakinnes, Jonet Dury thair, Jonet Moreis in Gogston, and Gelis Bawn in Strakinnes, and al this don in Strakinnes. And becau[s] the said James Mont being somound, personlie apprehendit be George Blak redar be word, comperit nocht, the seat ordeined hym to be somound opinlye in the kirk be sundry admonitionis, as use is, to compeir befoir the seat to ansueir for the cryme of adultery in gaetting of the said bairn, undir paine of excommunication. The said day, anent the soum of iij lib. iiij s. xj d. collectit Ordinance of be Maister Thomas Balfour and Maister Martine Geddye, to the support o? support of Jsobel Adesoun, relict of umquhill Andro Kemp, Jsobel Adesoun i • ■ -i i i tt i T, relict of Andro being in grevous seiknes, at desyre of the assemblie ; the said Kemp, sylvir being presentit to the assemblie, the assemblie decernit the sam to be deliverit to William Main to dispone the sam to the said Jsobel support, to wit, viij d. ilk day sa lang as the said sowm lestis, quhilk sowm the said William resavit to the effect foirsaid. Die Mercurii, undecimo die mensis Novembris, anno Domini j m v c lxjc'uj°- The quhilk day, the membris of the seat having considera- Nota, Dec return tioun of the multitude and grite numbir of infantis wythtin the w - irentes not/ iptizatorum. parrochioun of Sanctandros, als weill to Burgh as land, born P arentes *°* of auld and yit unbaptized throwcht necligence and slewtht of thair parentis, quhairby and throw occasioun thairof ane grite numbir of the saidis infantis departis and decessis wythtout baptisme, quhairfoir it is statut and ordinat be the seat that the minister, upon Sunday the xv of November instant, sal publiclie, tyme of assemblie of the hail congregatioun to the sermon, wairn and chairge in general all thais wythtin the 384 REGISTER OF parrochioun of Sanctandros, als weil to burgh as land, that hes thair bairnis yit unbaptized, that they present thair bairnis and children unbaptized in the communioun iile 1 wythtin the parroch kirk of the citie of Sanctandros, wytht intimatioun and certificatioun that quha failyeis heirintil they salbe haldin and reput as contemnaris of the holie sacrament of baptisme, Christis verry institution and ordinance, and salbe callit accused and punisched thairfoir accordinglie. Die Mercurii, decimo octavo mensis Novembrls, anno Domini millesimo quingentesimo septuagesimo tertio. sibbaid, Bred, The quhilk day, William Sibbald producit his complent and clame aganis Robert Bred, the copie of the clame decernit, the seat assignat this day aucht dayis to answeir, and the parteis warnit to the said day. Die Mercurii, vigesimo quinto Novembris, 1573. [Sibbaid, Bred.] The said day, in the terme assignat to Robert Bred to ansueir to the complent gevin be William Sibbaid aganis hym, 2 Nicol, Burell. The said day, Margaret Nicol, presentlie dwelling in Nydie ground wytht ane woman callit Jsobel Fischear, comperit and desyrit ane woman bairn begottin betwix hir and William Burell in Cairskirdo to be baptized ; and allegit the bairn to be gottin aucht dayis befoir Fasterennis evin last was, and born viij dayis befoir Alhalowmes last was ; and gottin in William Geddyes hows wythtin this citie of Sanctandros, and borne in the said Jsobel Fischearis hows ; and Besse Watsoun in Nydye mydwyffe for the tyme of hir birtht. Comperit the said William Burell and denyit the bairn simpliciter to be his, and allegit hym nevir to have had ca[r]nal deal wytht the said Margaret. In respect of the quhilk the seat ordennis forthir t[ri]al to be takin in the mater, and George Seage souerte to entir the said William, sa oft as neid beis and as he sal be chargit, undir pane of xl lift. 1 The south transept of this parish church is still known as the communion-aisle. - This entry here ends abruptly, a blank space being left after it. ST. ANDREWS KIRK SESSION. 385 The said day, for trial of the allegit adulterie committit Mont, Hagye. betwix James Mont in Strakinnes and Christen Hagye thair, the seat thocht glide to call certane maest famous an[d] honest of lyfe and conversation nychtbouris to the said James Mont, to testifie alsweil of the lyff and conversation of the said James as quhat they ken of the bairn born be the said Christen, allegit to be the said James gottin in adulterie, and letteres to be direct to somond witnes to that effect. Die Mercurii, secundo die mensis Decembiis, anno Domini j"'v c lxxiij 0 - The said day, anent the trial of adultery e committit betwix Mont, Hagie. James Mont in Strakinnefs] wytht Christen Hagye thar, com- perit somound be the seat ex officio William Oliphant in Strak- ynnes, James Crastaris thar, Thomas Minneman thar, Johne Read thar, Jonet Lawson thar, Alexander Nylson 1 in Grigs- toun, and Jonet Moreis in Gokstoun ; quha being sworn and severalie examinat, Jonet Moreis and Jonet Lawso[n] deponit that they hard Mareoun Dawsoun inquire Christen Hagye, in the tyme of the extremite of hir birtht, quha was the bairnis fathir ; sche ansuerit and said, God lat hir nevir be bettir then sche was at [that] 2 howr bot the said James Mont was the bairnis father and na uthir. Die Mercurii, nono de mensis Decembris, anno Domini j m v c lxxiij. The said day, William Moreis is decernit be decreit of Decretum sessioun, for non presenting the bairn to baptisme begottin 5 Mord. V. °' ' * betwix hym and Beiggis Parke, and in respect that the said William confessed hym to have had carnal deall wytht the said Beiggis Parke and suffered the bairn to depart wythtout bap- tisme, the said William twa several Sundaiis, ilkane eftir uthir, to sit upon the hieest of the penitentis saiet in sek- claitht, and to pay to the collecto[ur] of the puir almes xxx s. The quhilk day, anent the trial of the bairn 3 begottin as is Burel, Nicol. 1 Perhaps Myhon. 2 Omitted. 2 B 3 Borttn in MS. 386 REGISTER OF allegit in adultery betwix William Burell in Karskirdo and Margaret Nicoll sum tyme servand to William Geddye malt- man, comperit the said William Geddye, Beterage Gudlat his spous, and Robert Geddy the said William sone, witnessis, somond to testifie quhat they ken in the said mater. The said William examinat deponit he knew nathing. Beterage de- ponit that sche hard William Burrel brother say that sche lay ane nycht wyth them : and asking hir quhy sche lay wyth them, sche ansuered, It was better to ly in cumpany nor in ane cauld bed. And Robert Geddy deponit that, ane day in the morning, he hard William Burel and the said Margaret Nicol hand- speking in thair bed togethir, in the chalmer nixt the hal ; and the said Margaret Xicol confessed that the said William Burel had nevir carnal dail wytht hir bot anis, and that viij dayis befoir Fasterennis-ev[in] last was, in ane bed betwix the brew hows and the hal. And Johne Bur[el] witnes examinat de- ponis he kennis nathing in the mater. Nota. The said day, the seat ordeined the minister to mak public Decretum of the a d mon itioun upon Sunday nixt to cum, to al theis that lies session for con- . . . r . temnaris of the thair bairnis to be baptised, and lies nocht gevin up thair baptisme. names in the day appointed nor yit presented thair bairnis, that fra this furtht they be accusit and puhisched as contem- naris of the sacrament of baptisme. Die Mercurii, ocvj ic Decembris, anno Domini j"'- 3 It is somewhat remarkable that this, the last occasion on which Douglas is mentioned as being present in the Session, is in connection with the suppression of the observance of Yule or Christmas. On the 6th of March 1573-4, Douglas was charged in the General Assembly with various faults, and among others, ' That he was not only Bishop, but Rector of the University, and Provest of the New Colledge ; that he preached not in Sanct Andrews, where he made his residence.' In his defence he urged that since the previous Assembly he had been continually sick, and ' promised to preach in time coming according to his ability,' and said that he was content to demit 'the Rectory and Provestry,' * how soon my Lord Regents Grace and Commissioners shall come to Sanct 388 REGISTER OF serit 1 in thir bukis, ad futuram rek memoriam, that quhow upon Sunday the xxiiij day of Januar instant Waltir Ramsav lorymar, Waltir Lathangye cultellar, and Johne Smytht blak- smytht in Ergail, being accusat and convictit of befoir for observing of superstitious dayis and spetialie of Zwil-dav, becam penitent and maid opin satisfactioun thairfor in presence of the heal congregation then being present. And thairfoir the minister, at command of the assemblie, publiklie denuncit the said Sunday that al personis, wythtin this parrochioun, that observit superstitiouslie the said Zwil-day or ony utheris dayis, sould be punnischeid in lik maneir ; and siclik sould be punisched in like maneir gyf they abstenit fra thair wark and lawbour that day, mair then ony uthir day except Sunday, quhilk only sould be kept haly day. And heirupon the session interponit thair decreit. 2 Andrews for visiting of the Colledges ' {Booke of the Universall Kirk, i. 286, 287). Petrie relates that ' within some weeks after that Assembly John, called Arch- bishop of Santandrews, went into the pulpit to preach, and falling down died ' {Compendious History, part ii. p. 384). But James Melvill speaks of him in August 1574 as ' newlie departed this lyff' (Melvill's Diary, Wod. Soc. p. 47) ; and the date of his death is more exactly fixed as the last day of July in that year {Diurnal of Occurrents, Mait. Club, p. 341). Martine and Lyon errone- ously place it in 1576. 'The disastrous ends of all the promoters of prelats in these days,' namely, Morton, Douglas, Arran, and Adamson, says a keen Cove- nanter, ' may justly cause their course the rather to be shunned and detested r {Naphtali, 1667, pp. 41, 42). To this warning Honeyman replies: 'If Mr. Douglas, Archbishop of St. Andrews, dyed (as he saith) in the pulpit, some perhaps may think that a glorious end, while a faithful preacher was drawing others to Heaven to slide in himself {Survey of Naphtali, part ii. 1669, p. 239). 1 Inserted. 2 For much interesting information concerning the pagan origin and supersti- tious customs of Yule, see Jamieson's Dictionary and Brand's Popular Antiqui- ties, and, for its religious observance, Bingham's Antiqtcities. In The Gude ajtd Godlie Ballates (Laing's ed. pp. 43, 45, 61, 66) there are four pieces which may be described as Christmas songs or carols, and another (p. 63) is entitled — ' Ane Ballat of the Epistill on Christinmes Evin ' ; but in the forefront of the First Book of Discipline, * the keeping of holy dayis of certane Sanctis commandit by man, suche as be all those that the Papistis have invented, as the feistis (as thai terme thame) of appostillis, martyres, virgenis, of Christmess, Circumcisioun, Epiphany, Purification, and uther fond feistis of our Lady,' is included among those things which should be ' utterlie suppressed as damnabill to mannis salva- tioun.' The General Assembly, in 1566, in approving of the later Helvetic Con- fession, excepted that part which allowed the observance of saints' days and days dedicated to Christ {Booke of the Universall Kirk, i. p. 90) ; but it was no easy task to suppress the old customs even in Scotland, and the Assembly was ST. ANDREWS KIRK SESSION. 389 The said day, James Clwny cultellar and Waitir Zownger ciwny, being accusit for violating of the Sabbat day be superstitius Zown S ( keping of Zwill-day haly day, and abstening fra thair wark and lawbour that day, James Clwny promittit to desist and ces fra keping of Zwil-day haly in tyme cuniing, undir pain contenit in the act immediatlie preceding. And Waitir Zownger, attour the premissis, being accusat that he did that was in hym to mak his nychtbouris disobedient to the kirk, sayand, in the Gallowlaik, 1 that it becam nocht honest men to sit upon the penitent stule ; quhilkis wordis he confessit : and als said that he is ane yowng man and saw Zwil-day kepit halyday, and that the tyme may cum that he may see the like yit ; and thairfofr] wald nocht becum oblist nor astrictit in tyme cuming to work or abstein fra wark that day, bot at his awn plesure. In respect of the premissis, the session decernis and ordenis hym to be admonesed be public admonitioun to mak satisfac- tioun upon the penitent stuil undir pain of excommunication, and als in respect that he being requirit wald gyf na uthir ansueir nor yit submit hym to the voce of the kirk. Die Mercurii, tertio Februarii, anno Domini j m v c septuagesimo tertio. The quhilk day, Johne Sourdie, accused for keping of Zwil- obediential day, confe[ssit] the sam ; and being chargit that he sterit up Sourda y- exercised over the matter in 1575, 1577, and 1596 {Ibid. pp. 334, 339, 389, 874). The Presbyterian reasons for rejecting those days have been ably stated by Calderwood, in his Perth Assembly, 16 19, pp. 63-86, and in his Re- Examina- tion of the Five Articles, 1636, pp. 139- 144, 187-209; and by Gillespie in his Dispute against the English- Popish Ceremonies, 1 637, part i. pp. 20-36, part iii. pp. 1-15. A curious commentary on the entries in the text is furnished by one who in the following October was elected an elder of this session. In speaking of the ministers of Scotland he says—' In contempt of the uther halie dayes observit in England, thay cause thair wyfis and servants spin in oppin sicht of the people upon Zeul day ; and thair affectionat auditeurs constraines thair ten- nants to yok thair pleuchs on Zeul day in contempt of Christs nativitie, whilk our Lord hes not left unpunisit ; for thair oxin ran wod and brak thair nekis, and leamit sum pleugh men, as is notoriouslie knawin in sindrie partes of Scotland ' (John Hamilton's Facile Traictise, 1 600, pp. 173, 174). 1 The Gallowlaik, or, as it is sometimes called, the Galloiu-hill beside the citie, was the general meeting-place of the crafts. 390 REGISTER OF Obtdientia Days fabri. Crastaris.i Alexr. Smytht, Thomas Pla- feir, Io. Thomson. the uthir brethrin accused for the said caus till have disobeyit the kirk, denyis the sam al u[t]terlie ; in the menetyme sub- mittis hym self to correction of the kirk g[yf] he sal nocht use Zwil-day as ane uthir warkday in tyme cuming, and to mak public repentence in face of the congregation gyf evir he cum- mis in the contrar. And likewis Johne Days, smytht, being accused for superstitious keping of Zwil-day, confessed the sam and oblesit hym to absten in tyme cuming undir pain foir- said. And Andro Crastaris, smytht, accused as Johne Dayis, denyit simpliciter, and admones[ed] to absten fra keping of Zwil-day haly day undir pain foirsaid. Alexander Smytht and Thomas Plafeir lies promittit to obey the voce of the kirk, and to abst[en] in tyme cuming fra the superstitius keping of Zwil-day : and s[ic] like Johne Thomson wrycht. Die Mercurii, decimo Februarn, anno Domini j m v c locxiij° '. obtdientia The quhilk day, Waltir Zownger cam to agnitioun of his /ownger. disobedience, and offered hymself to undirlye the correction quhatsumevir the ministerye wil injone to hym, for his non comperence being twis admonesed and stubborn ansueir gevin be hym, accused for the superstitious keping of Zwil-day, as is contenit in the act of thir bukis the xxvij day of Januar last was. Obtdientia The said day, Dauid Brown tailyeor, Alexander Scharp Pktiiio, Scharp ' baxter, Thomas Pittillo smytht, Charles Cuthtbert smytht, Bmce b smytht denyis al keping of Zwil-day, nor yit that they gaif counsel to Muffatt smytht. the disobedience to the kirk, 2 and promittit nevir to do the sam in tyme cuming, bot evir to be obedient to the voce of the kirk, and cheiflie Charles Cuthtbert. Dauid Brwce smytht promittis obedience in lik maneir. Andro Muffat smytht promittis obedi- ence in tyme cuming. Dauid Blair saidlar, Charles Hageye smytht, Alane Dewar smytht, William Swyne cowper, Patrik Brown cultellar, Dauid Brwce and his eldest sone wobstaris, James Murdo smytht, Johne Jakson smytht. Dayis in MS. a Kir in ms. ST. ANDREWS KIRK SESSION. 391 Die Mercurii, vigesimo quarto Martii, 1573. The decisioun of the General Assemblye of the Kirk. Nota. It is thocht that quha lyis wyth ony woman and the sam Fathering woman tempore partus layis the bairn on hym, he sal be haldin father to the bairn, the man confessing hym to have carnal dail wytht the woman wythtin the yeir ; and for moir verificatioun thairof thinkis the midwyffis and wemen being wytht hir for the tyme at his to be takin. Item, it is thocht resonable that quhen ony bairn is fatherit Fathering upon ane man, les nor he confes carnal dail wytht the woman, or ellis be sufficientlie provin, that the man be absolvit tharfra, he purgen hym self of carnal deal ; and gyf athir he confes carnal dael or yit be provin, sche laying the bairn upon hym the tyme of birtht, that he be the father tharof. Die Mercurii, ultimo Martii, anno Domini j m v c lccxiiij to - The quhilk day, according to the determinatioun of the Bureii, Nicol, General Assemblie of the Kirk, William Burel in Karskeirdo adulteru and Margaret Nicol being confronted anent the bairn begottin betwix them in adulterie, the said Margaret constantlie affirmit the bairn was gottin be the said William and na uthir ; and the said William als constantlie denyit the sam. The seat heirfoir hes superseid thair determination in the said mater quhil forthir consultation be takin ; and the said William souerte, to wit, George Seage to stand stil. And the sam to be doin of Mont, Hagye. James Mont in Strakinnes and Christen Hagye ; and James now confessis that on Lames day befoir the said Christen birtht he bald the said Christen pas of the cuntre, for the suspition that rais and brute that he was the bairnis father, &c. Die Mercurii, quinto Man, anno Domini 1574. Nota. The quhilk day, the seat ordenis ane supplicatioun to be Anent wemen direct to the magistratis of this citie to mak thair decrete and noc ht to be ad- ordinance, that fra this furtht, for cleingeing of this citie of ^"^es^nd to filthie harlottis and adulterices, that na woman harlot or adul- that effect , «. ., , , . supplicatiounis trice be suttent to be nunces m this citie in tyme cummg. t o be direct. 392 REGISTER OF Lawsoun, The quhilk day, Johne Lawsoun, baxter, and Margaret terSsf 11 ' adUl Wischart, spous to Alexander Layng, dilatit to the seat for adulterie committit be them, comperand be thame selves, con- fessit the committing of the said cryme, and submittit them selffis to correction and discipline of the kirk, and promittit to fulfil the heal injunctiounis to be injoned to them be the kirk and the heal ordinance thairof. Lawsoun, The quhilk day, Jonet Lawsoun producit hir clame aganis Chaeplen, Hj. j onne Chaeplen, the clame being red Johne denyit the sam. The seat assignit this day audit days to preve the sam. Mercurii, duodecimo Maii, 1574. Lawson, The quhilk day, in the terme assignit to Jonet Lawson to Chaeplen. preve hir clame aganis Johne Chaeplen, comperit the said Jonet and allegit sche had done diligence for witnes, and could nocht have them. The seat assignit hir this day audit dayis, to wit, the xix of Maii instant to do diligence for hir witnes, or nocht to be hard in tyme cuming. Die Mercurii, decimo no no Maii, 1574. Lawson, The quhilk day, in the terme assignit to Jonet Lawson to Chaeplen, rij. j Q diligence for hir witnessis for probation of hir clame of mareage aganis Johne Chaeplen, the said Jonet producit Maister Johne Winram, Andro Lawso[un], and Andro Crastaris smytht. M. Johne Winram, examinat, deponis that he lies lukit his bukis and can find nathing tharintil, and forthir kennis na thing of the promisses of mareage betuix the saidis parteis, and forthir referris to his awn bukis and bukis of this assemble, quhilk sal be patent quhen reson sal be requirit. Andro Law- son repellit fra bearing of witnes becaus he is solistar 1 in the caus. Andro Carstaris, examinat, deponis that he hard Johne Chaeplen say in the Superintendentis chalmer that ethir he sould marie Jonet Lawsoun or satisfie hir. And the seat assignit this day audit days to do diligence for probation of hir clame as sche wil be servit. 1 Solicitor or agent. ST. ANDREAVS KIRK SESSION. Die Mercurii, xxvj i0 - mensis Mail, anno Domini j" l v c Lvi'iij t0 - The seat decernit and ordeined the examinatioun, preced- Anent examina- 1 . torstobechosm: ing the celebratioun of the communioun nixtocum, to begin fasting and upon Moninday the vij day of Junii nixt to cum ; and Wedins- communioun • day the secound of Junii nixt to cum appointed to cheis the examinatoris, and to tak ordour anent the fasting and celebra- tion of the communioun. The said day, in the terme assignit to Jonet Lawson to do Lawsotra, diligence for probation] of promis of mareage betwix hir and aep e "' r ' J ' Johne Chaeplen, comperit [Wiljliam Oliphant in Strakinnes for the said Jonet Lawson, and allegit the m[a]est part of proba- tion of the said promis to consist in ane instrument tak[in] in Mr. Thomas Zowng notar public hand, quha at this present is in Lo[w]theane wytht my Lord Lyndesay his maister, and desyris ane competenft] day to be assignit for production of the said instrument, and to do diligence th[air]foir. The seat assignis this day aucht dayis to do diligence for the said instru- ment and to produce the sam, and als the said Johne Chaeplen the sai[d] day to gyf his aitht upon the said promis. Die Mercurii, nono Jnnii, 1574. The quhilk day, Elene Anstroder in Strakinnes den unci t and Colsy, Myliar, complenit to the seat that Dauid Colsy, hir mareit husband, Anstro > er - hes, by al godlie ordour, repudiat hir and joned hym self in adultery wytht Jsobell Myliar, and remanis wytht hir in Rum- gallye. Baitht the saidis Dauid Colsy and Jsobel Myliar accusat of the said adulterie, in presence of the seat, confessit Cautio Myliar. the said cryme and fand souertie to obey the injunctionis of the kirk. Petir Roucht souertie for Jsobel Myliar undir pain of xl lib. The said day, Margaret Fowles confessed hir to be wytht Fowies, childe to Robert Methtwen, and fand caution \blank\ to fulfil * e %Nen " the ordinance of the kirk. Mirable Nicol confessed hir to have borne ane mai childe in Nicoi.Skadowy, adulteri wytht William Skadowye in Clattie, and Mirible Nicol adulten - now dwellis wytht Robert Tailzeor merchand in tin's citie of Sanctandros. 394 REGISTER OF Decretum The said day, in the terme assignit to Johne Chaeplen to fruSmu^ compeir to gyf his aitht anent the promis of mareage alledgit maid be hym to Jonet Lawsoun, the said promis being simpliciter referrit to his aitht, comperit [the said Johne Chaeplen] 1 and swair and maid faitht that he nevir maid promis of mareage to hir, bot onlie promittit to hir ane kow. In respect of the quhilk, and instrument of Maister Thomas Zowng schawn and red, the [judge — deleted] seat absolvit the said Johne Chaeplen fra the said promis. Die Mercurii, xaciij 0 Junii, anno 1574. Ordour eftir the communioun, rij. Corstorphine, Rudeman, fornicatoris. The quhilk day, the seat ordenis the heal quarteris to be tryit according to the ordour, to have intelligence quha 2 cam nethir to examination nor communioun. And the trial of the first quartar to be takin this day aucht dayis, and the keparis of the bukis to produce the sam, and swa ilk Wedinsday to proceid quhill ending of the said triall. Beterage Corstorphine in Ergail confessis hir to be wytht childe to Alexander Rudeman servand to [blank] Corstorphine in Parkhill. 3 Die Mercurii, ultimo Junii, 1574. Nota. The quhilk day, for gude ordour to be observit in convening persSSscSnvln- to heir the Word of God upon the Sabbat-day, and uthiris ing to sermond. davis in the oulk quhen the Word of God is preachit, als weill of the studentis wythtin colleageis as inhabitantis wythtin this citie, and utheris wythtin this parrochionis quhatsumevir, the seat hes statut and ordinat captouris to be chosin to vesy the hail town according to the division of the quarteris of the sam ; and, to that effect, every Sunday thair sal pas and vesy ane bailve, ane elder, twa diaconis, and twa officeris inarmit wytht thair halbartis, and the rest of the bailies and officeris to be in redines, gyf they be requirit to assist to them to appre- hend the transgressoris, to be punisched conform to the actis 1 Omitted. a Qua in MS. :$ There has been added in the margin — Dead, and the bairn baptized. ST. ANDREWS KIRK SESSION. 395 of the kirk, and this ordour to begin on Sunday, viz., the xj day of Julii nixt to cum, and Mr. Thomas Balfour' to begin the ordour and to continew. Die Mercurii, septimo die mensis Julii, anno Domini j" l v c lxxiiij t0 - Memorandum : of the iii liB. iii s., ane hard-head 1 les, gatherit Adeson relict of Kempt. be Mr. Alexander Sibbald and Alexander Crastaris to Jsobel Adeson, relict of Androw Kempt, thair was deliverit to 2 the said Jsobell iij s. The rest this day was deliverit to Beterage Walcar to the support of the said Jsobell, quhairof sche sal Waicar. niak compt quhen sche sal be requirit ; and the seat to be na forthir burdenit to mak support to the said Jsobell. The quhilk day, anent the supplicatioun gevin in be Marioun Cok, Boytour. Bovtour, anent the resaving of the bairn to baptisme begottin betwix hir and Thomas Cok, the saidis Thomas and Marion findand sufficient souerte to fulfil the ordour to [be] 3 injoned to them be the kirk, to resave the bairn to baptisme. Die Mereurii, decimo quarto mensis Julii, anno Domini j m v c lxcciiij to - The quhilk day, the auld Ladiis of Ardre and [Balgvim — Ladiis of deleted] Culluthie ar decernit, be decreit of sessioun, to present and Ardrie. thair selffis to examination wytht the land wart folkis in the nixt oulk, and to cum to the communioun wytht them on Sunday cum aucht dayis, undir paine of excommunication. The quhilk day, the seat hes thocht expedient ane writting eolsy, Myliar. to be send to George Scot minister of Kircaldy, to advertis hym that Dauid Colsy in Bukhawin hes left Elene Anstroyer his mareit wyffe, and joined hymselff] in adulterie wytht Jsobell Myliar. 1 The value of the base coinage authorised in 1554, and called 'Lions' or ' Hard-heads,' was 'iij half pennyis ilk pece ' (Cochran-Patrick's Records of the Coinage of Scotland, vol. i. pp. exxxviii. 98). 2 To to in MS. :! Omitted. 396 REGISTER OF Die Mercurii, vigesimo prima Jirfii, anno Domini j" ! v c li\viiij t0 - Nota , The quhilk day, the minister, in respect of the slaw conven- Anent the con j n g 0 f"f] the brethir of sessioun to the oulklie assemblie, lies vention to the . . . assemblye, rij denuncit and schawin to the seat that gyf they keip nocht xxwij 0 Juht. or j our m tyme cuming to the assemblie, he wil publiclie gyf them admonitioun in the pulpet t[o] observe the ordour undir paine of excommunication, according to the actis of [the] kirk. The sessioun presentlie convenit thinkis expedient the heall membris of the seat to be warnit to convene this day aucht days, to hei[r] this protestatioun of the ministeris publist, and decreit of the seat gevin, [or] 1 the protestation to tak effect. Xota. The said day, anent the supplicatioun gevin be Maister comed^askit Patrick Authinlek for procuring licence to play the comede to be piayit be mentionat in Sanct Lucas Euuangel of the forlorn sone, upon M. Patrik . Authinlek upon Sunday the first day of August nixt to cum, the seat hes of U Augu^nixt St decernit first the play to be revisit be my Lord Rectour, to cum. Minister, M. Johnne Rutherfur[d] Provest of Sanct Saluatour Colleage, and Mr. James Wilke Principal of San[ct] Leonardis Colleage, and gyf they find na fait thairintill the sam to be play[it] upon the said Sunday the first of August, swa that playing thairof be nocht occasioun to wythtdraw the pepil fra l)eryng of the preaching, at the howre appointed alsweil eftir nune as befoir mine. 2 1 Omitted. 2 It would have been interesting to know whether this play was well attended so soon after the sudden death of the first appointed reviser. One thing is cer- tain, the session was soon taken to task for the liberty thus granted. The General Assembly which met at Edinburgh, on Saturday the 7th of August, required Robert Hamilton to appear before them, to answer super inquirendis ; but he excused himself ' be the business of the Colledge,' and Wynram's declara- tion to him \ that the Assembly was to dissolve incontinent.' Instead of letting the matter lie over, ' The Generall Assembly of the Kirk giveth commission to Mr. John Spotswood, Superintendent of Lothian, Mr. Robert Pont, Provest of the Trinity Colledge, Mr. David Lindsay, minister at Leith, John Brand and the Kirk of Edenburgh, with any three of the fornamed persons, conjunctly to summon the ministers, elders and deacons of Sanct Andrews to compear before them, and to try the cause, why the fast was not keeped among them according to the Act of the said Assembly ; and of the violation of the Sabbath day by profane playes, and such other things as they shall inquire of them at their coming ; and what beis done be them hereinto, to certify the brethren in their nixt Assembly ' {Boo/ce of the Universall Kirk, i. 312). On the 17th of February ST. ANDREWS KIRK SESSION. 397 Die Mercurii, .varviij 0 Julii, 1574. The quhilk day, the seat hes ordinat the heal seat to convein The seat to be this day audit dayis, and to be warnit to that effect ; and triall dayauchtdayis, to be takin of the first quartar of this citie quha cam nocht to ^J^j 0 the examination and communioun, that ordour may be takin thairintil, and ane tikatt to be gevin to the officer of [court — deleted] kirk to warn the heal seat to the effect foirsaid. The quhilk day, the seat ordenis ane supplicatioun to be Supplication offered up to the magistratis for reparing and mending of the anVmeSg kirk or the winter season cum in, and the supplication to be of the kirk presentit be George Blak and William Gyffort in the tolbuitht upon Fryday nixt to cum. 1574-5, these commissioners met and ordained 'ane precept to be direct to sumond the said minister, eldaris, and deaconis ;' and on the 24th of that month Robert Hammilton, appearing for himself and as commissioner of his kirk, desired delivery of the heads on which he was to be questioned. These were, why the Act of the General Assembly was not kept anent the fasting ; why ' at that tyme Robin Huidis playis wes sufferit to be playit, and thair throw prophanand the fasting and if ' ane clark play was playit at the tyme of the preching, at the marrage of Mr. Thomas Balfouris dochter. ' In his answer concerning Robin Hood's plays, Hamilton admitted that ' certane servands and young children plaid them certane days,' but, ( he added, * alwayis the kirk bayth prevatlie in thair assemble, and I publiclie in tyme of preching, dischargeit the samen, as it is notorious knawn, and desyrit the magistrates to tak ordour thairwith.' He further stated that — 1 Ane clark play wes plaid be the scollouris of the grammar- scull, bot not at the tyme of preching, and yit for causes moving us we dis- chargeit the mais[ter again?] to play the samin ' (Lee's Lectures, i. 313, 314). A fortnight later, the 7th of March 1574-5, the General Assembly again met at Edinburgh, and considering ' that the playing of clerk playes, comedies or tragedies upon the canonical parts of Scripture, induceth and bringeth with it a contempt and profanation of the same,' concluded, ' That no clerk playes, comedies or tragedies be made of the canonicall Scripture, alsweill new as old, neither on the Sabboth day nor worke day, in tyme comeing ; the contraveiners heirof, (if they be ministers) to be secludit fra thair functioun, and, if they be uthers, to be punischit be the discipline of the Kirk : and ordaines ane article to be given in to sick as sitts upon the policie, that, for uther playes, comedies, tragedies, and uthers profane playes as are not made upon authentick partes of the Scripture, may be considderit befor they be proponit publicklie, and that they be not playit upon the Sabboth dayes' {Bookeofthe Universall Kirk, i. 322, 323). In October 1576, the Assembly peremptorily refused to grant the petition of the town of Dunfermline, asking liberty to play on a Sabbath afternoon ' a certain play which is not made upon the canonical parts of the Scripture ' [Ibid. P- 375)- 398 REGISTER OE rij xxv t0 A u gusti Die Mercurii, decimo octavo Augusti, anno Domini millesimo quingentesimo septuagesimo quarto. Burel, Nicoii, The quhilk day, William Burell in Kairskirdo is decernit be decreit of the seat to be warnit to compeir this day aucht dayis, to purge hym of the bairn allegit begottin betwix hym and Margaret Nicoll, and his purgatioun being takin in presence of the seat, to mak his purgation opinlye in presence of the congregation on Sunday nixt thaireftir. confessio adul- The said <%> Margaret Rynd, being accusat of adulterie Smytht ynd committit be hir wytht Richart Smyth t in Kinninmontht, con- fessis that in the first oulk of Lentroun last was, the said Richard and scho being cuming fra Baldinny Myll to Kinnin- montht to the said Richard hows, [he] 1 keist hir down be the way and had carnal deal wytht hir. Die Mercurii, ooxv to August], 1574. Taiizeor, The quhilk day, comperit Jonet Robertsoun, in Kinnaldy, aduitSir"' in and conf essit hir to be wytht childe to Henry Taiizeor, schip- hird in Strawethie, spous to Beiggis Myllar. Purgatio Burel The said day, comperit William Burell in Karskeirdo, and m Karskirdo - purgit hym be his aitht, in presence of the seat, of the bairn allegit begottin in adultery betwix hym and Margaret Nicol, and decernit be the seat to cum on Sunday nixt to cum, or Sunday cum aucht dayis, to mak the like purgation in presence of the heal congregation, tyme of sermon. Purgatio Burell Memorandum. Upon Sunday the xxix day of August 1574, in airs lr o. ^yjjjj am j$ ure n [ n Kairskirdo maid his purgatioun opinlye in the parroche kirk of Sanctandros, tyme of sermon, in presence of the heal congregatioun being thair for the tyme, of the alledgit adultery committit be hym wytht Margaret Nicol, according to the ordinance abone writtin. Die Mercurii, sexto Octobris, 1574. Nota. The quhilk day, in nominatioun of the eldaris and diaconis Hamm7itoun. ld to ^ e chosin, Maister Archibald Hammiltoun, 2 professour in the 1 Omitted. 2 See p. 368, n. 2. ST. ANDREWS KIRK SESSION. 399 New Colleage, was nocht nominat to be ane elder, becaus he, being of befoir nominat and electit, refused to accept the office of eldrie on hym, and nocht to be nominat quhil he mak repentence thairfoir, and to be callit to that effect. The said day, Elene Jnglis confessed in presence of the Jnglis, Nairn, sessioun that sche was wytht childe to George Nairn, sone to r? y Alexander Nairn, undir promis of mareage maid to hir as sche allegis be the said George. And the said George to be called to this day audit dayis ; and comperit George confessing the formar allegeance except promis of mareage, and promisis to observe the ordour concerning his repentence to be maid. Die Mercurii, decimo tertio Octobris^ anno Domini j m v c lxxmj t0 ' The quhilk day, anent the complent of sclandir gevin in to Decretam the seat be Besse W ylie, spous to Andro Stwit, aganis Margaret cXtyne.^' Colyne, spous to Patrik Wylie, the seat, eftir triall and cogni- tion takin in the mater, lies fund the said Margaret Colyne to have havely sclanderit the said Besse Wylye ; and thairfoir the said Margaret Colyne, in presence of ane or twa of the bailies eldaris and diaconis, [to] 1 cum to Besse Wylye yeat, and thair to cognosce and confes hir offens and ask the said Besse Wylie forgivenes ; and gyf evir sche do siclik in tyme cuming, to sitt in the gokstuil duryng the magistrates will. Die Mercurii, vigesimo die mensis Octobrh, anno Domini millc- simo quingentesimo septuagesimo quarto. Maister Robert Hammilton minister. Eldaris votit electit and chosin. Maister Johne Ruthirfurd, Provest of Sanct Saluatoris Colleage Mr. James Wilke, Principal of Sanct Leonardis Colleag Mr. Johne Hammiltoun, 2 regent in the New Colleage 1 Omitted. 2 This is the John Hamilton who, like Archibald Hamilton, was trained in St. Mary's College, turned Protestant, but returned again to Popery, and became one of the most violent opponents of that faith he had once professed. For 400 REGISTER OF Maister Thomas Balfour, bailye George Brown, bailye Mr. William Cok, bailye Dauid Walwod James Robertson Johne Motto Charles Guthre Charles Geddye Mr. Johne Bonkil Mr. James Wemis Andro Wod James Forret. Diaconis. Alexander Crastaris .James Brydve William Gyfferd Alexander Myllar William Main George Blak James Alane Johne Lewingston Thomas Layng Waltir Kinninmontht Dauid Foster Thomas Weneson Martine Corstorphine. Nota. Ratification and approbation of the statutis maid of befoir. Dilation to be takin up. Nota. Decretiim sessionis contra Alafiem Watson pro selationc xl. s. Andro Gibson to pay xl s. to the puir. The quhilk day, minister eldaris and diaconis abone writtin affirmaft] ratifiit and approvit the heal statutis and ordinances of the sessioun, maid upon the fyft day of November, year of God j m v c lxxij, and swear of new to observe the sam in all pointis. The said day, the seat appointis dilatioun to be takin up again this day audit dayis, also that the actis of the kirk be red upon Sunday nixt to cum, and ane assis to be warnit of every quartar of the town. The quhilk day, the seat concludit Alane Watsoun to pay xl s. to the collectour of the puiris alms, becaus he revelit nocht to the sessioun the fornicatioun committit in his hows betwix Thomas Cok and the said Alane servand woman ; and cheiflye in respect that he confessed that, eftir it was schawin to hym that his servand woman was wytht bairn, he pat hir furtht incontinent out of his hows. And also Andro Gibsoun to pay xl s., becaus he revelit nocht to the seat that it was schawin to hym that his doqhter was wytht bairn be his awin gude-sone on Twisday was xv dayis. notices of his career in St. Andrews, see Lee's Lectures, i. 345-348 ; and for his chequered, aspiring and adventurous life on the Continent, his return to Scot- land, and his death in the tower of London, see Hailes's Sketch of the Life of John Hamilton. ST. ANDREWS KIRK SESSION. 401 The said day, the seat being requirit be the ministerie of Testimonial Dunde, quhethir gyf they had ony caus, deducit and provin ^° lland ' Ph befoir them, quhy Eufame Rolland sould nocht resave the benefit of the kirk in mareage to be celebrat betwix Thomas Plafeir and hir ; the seat, eftir they had considerat the proces and depositiounis of witnes in trial taking of the suspitioun of adulteri betwix Henry Lawmonht and the said Eufame, fand nocht the adultere sufficientlie provin, and thairfoir ordinat ane testimonial to be send to the kirk of Dunde in favoris of the said Eufame, requiring them to tak hir purgation in hir conscience, and send the sam to us again that we may tak ordour for the weil of our kirk and removing of sclandir. Die Mercurii, ocxvlj 0 Octobrls, 1574. The quhilk day, the seat hes ordeined Johne Lewingstoun to johne Leving- on to be arnit, rij. be warnit to compeir this day aucht days, to gyf his reasoun ^ ton quhy he being electid diacon wal nocht accept the office on hym ; and gyf he comperis nocht, it wil be procedit aganis hym publiclie according to the actis. The said day, Johne Lawsoun is appointed to cum to the johne Law- kirk dur and penitent stuill as of befoir, on Sunday nixt to soun ' cum, and thaireftir to be resavit, undir conditioun that he sal present hym self to the nixt sinodal assemblye, or quhen he salbe chargit, in lynnyng clothis, according to the actis of the General Assemblie. The said day, Nannis Methtwen confesses hir to be wytht Scot.Methtwen, childe to Henry Scot, cuik to my Lord Bischop of Caithnes, 1 et fornlcatons - relapsls, and Henry to be eallit again Wedinsday nixt to cum. Die tertio mensis Novembris 1574. The quhilk day, the seat ordenis Henry Forsytht and Chris- *^ yt ^'. Tur " ten Turbane, dilatit as fornicatoris, to be confrontit this day ' J aucht dayis, in presence of the seat, for trial to be takin, becaus Henry denyis the bairn to be his. The said day, the seat, in respect that Margaret Wischart Margaret * 7 ' r & Wischart to be r absolvit. 1 See p. 232, n. 2 c 402 REGISTER OF lies sufficientlye maid hir repentence in presenting hir self to the penitent stule, ordanis hir to be absolvit and to resave the benefit of the kirk on Sunday nixt to cum. Nota. The quhilk day, comperit Henry Lawmontht, and, being La\vmontht demandit of the seat gyf he wald mak his purgation in his con- science of carnal deall wytht Eufame Rolland, ansuered that, in presence of this seat, he purgit hym thairof in his conscience of befoir, and yit affirmis in his conscience the said purgation to be of verite. In respect of the quhilk, the seat ordanis George Blak to proceid in the proclamation of bannis betwix Thomas Plafeir and the said Eufame Rolland. Purgatioun of The ansueir of the ministerie of Dunde concerning the pur- £nd ame Ro1 gatioun takin be them of Eufame Rolland at desyre of this sessioun fallowis : — 1 Die Mercurii, xvvj 0 Novembris, 1574. Tailzeor in Stravvethye. Admonitio Thomson cor- donar, violator Sabbati. Blak violator Sabbati. Confessit be Blak. The quhilk day, anent the supplicatioun gevin in be Henry Tailzeor in Strawethye, the seat lies ordeined the said Henry, becaus he lies sittin upon the penitent stuill bot ten Sundais, yit to sit ten several Sundayis, and, or he pas to the seat, to stand in the kirk dure in sik-claitht every Sunday, quhill the said ten Sundayis be compleit. The said day William Thomson cordonar dilatit for nocht keping of the Sabbat day admonesched to absten in tyme cuming. Item, James Blak walcar dilatit as said is, and sindry admoni- tionis gevin to hym of befoir abstenit nocht, the seat heirfoir decernit hym to have incurrit the 2 panis of the act, and the bailies requirit to put the act to execution. Die Mercurii, xxinj t0 Novembris, 1574. Distdbutioun of The quhilk day, George Blak granted hym to have resavit fa Richart"" fra Dauid Crastaris, in name of Richart Smytht, xl s., becaus Smytht. sa jj Richart revelit nocht the harlatry committit in his 1 A space has been left for the answer, but it has never been copied in. 2 The the in MS. ST. ANDREWS KIRK SESSION. 403 hows ; and the sait ordeined the said George to deliver to Skipper Lessillis wyffe," callit Besse Forbes, twenty schillingis, and utheris twenty schillingis to Duncan Dauidsoun officiar of the sessioun. Die Mercurii, primo Decembris, 1574. The quh ilk day, anent the bairn alledgit to be gottin in Methtwen fornicatioun betwix Robert Methtwen and Margaret Fowles, Robert Methtwen is content the said Margaret makking faitht and geving hir aitht in presence of the session that the bairn is the said Robertis, he is content to tak thair wytht, and to satisfie the kirk. And the said Margarfet] cam in, and in presence of the sait maid faitht and swear that the bairn is Robert Methtwenps]. The said day, Robert Bred, dilatit of druknes and working Monitio Bred, on the Sabbat day, admonesed to desist and ces thairfra in tyme cuming, undir al hiest paine that the kirk may lay to his chairge. Die Mercurii, octavo Decembris, 1574. The said day, Dauid Adesoun, indwellar sum tyme wytht Adesoun, Rynd, Richart Smytht in Kinninmon[ht], desyrit ane bairn, begottin Smytht * in fornication betwix hym and Margaret Ry[nd] in fornica- tioun, to be baptized : quhilk was refused, becaus the said Margaret [con]send the bairn to be Richart Smytht in Kinnin- monht, and he and Margaret cuming to repentence the bairn sal be resavit to baptisme. The said day, in respec that Robert Methtwen, upon the Robert Meffen first day of December instant, promittit to satisfie the kirk k° r k atlsfie the for fornication committit be hym wytht Margaret Fowles, [the seat] 1 ordanis hym to be requirit to mak satisfaction, wytht certification gyf he dois nocht he sal be procedit aganis to excommunication upon Sunday nixt to cum. 1 Omitted. 404 REGISTER OF Die Mereurii, duodecimo Januarii. anno Domini y^lxocmj^ Decretum The quhilk day, James Thomsoun masoun, being dilatit and Jacobum Thom- accusit for superstitious keping of Zwil-day last was halv day. sonlatanium. 1 an j that ] le gai J t ] lftt qu ] m walc | QI wal( J noc J lt } ie wa J c { ' noc ht work on Zwil-day, and was noeht in use of the sam ; and, being again askit quhethir he wald stand be that or not, promittit that, in tyme cuming, during his remaning in this eitie, he sould nevir keip the said Zwil-day halv day, bot sould work on that day as on 2 ony uthir day to ony man that wald offir hym wark ; and to this effect was aetitat of his awin propir confes- sion, tmdir paine of presenting of hym self to the stuil of repentence, according to the ordour, and payment of xl s. to the puir. And gyf na man chargis hym wvtlit wark, he sal wirk sum ri^gen-stanis 3 of his awin. CO Sessio Bell. The said [day], 4 William Bel baxter dilatit for keping of Zwil halv, and in spetial on Xewar-day 5 last was, in his hows, the sam being fill of lychtis and mony in cumpanv, hvmself crvit wyth lowd voce, superstitiouslv, Zwil ! Zwil ! Zwil ! William deny it the sam. The seat ordanit the dilation to be provin this day aucht dayis, and William Bel to be warnit to oppone and object aganis the witnes. Die Mercurii, nono Februarii. anno Domini j ; ' : i*lvxiuj to - Reid, M c ky, The quhilk day, the sessioun appointis this day aucht dayis to Elizabetht Al c ky, dochtir to umquhill Robert M c kv, to preiff the compulsion allegit be hir in hir defensis producit be hir aganis Thomas Reid. 1 Probably meant for laterariiim. - Of in MS. 3 The stones forming the ridge of a roof. 4 Omitted. 5 Prior to 1600, the civil, ecclesiastical and legal year began in Scotland on. the 25th of March, and the entries in this Register are dated accordingly ; but this reference in the text seems to show that popularly the year was supposed to begin at Yule. The Anglo-Saxons began their year on the 25th of December (E. W. Robertson's Historical Essays, 1872, p. 82) ; and the Icelanders are said still to do the same (Jamieson's Dictionary). ST. ANDREWS KIRK SESSION. 405 Die Mercurii, decimo sexto Februaru, j m v c h\viiij t0 - The quhilk day, in the terme assignit to Elizabetht M c ky, M^ke, Read, dochtir to umquhill Robert M c ky, to preift* the alledgit com- riJ ' pulsion contenit in hir defensis producit aganis Thomas Read, and now producit Robert Read, sone to George Reaid in Brown- hyllis, [quha,] 1 sworn and examinat, deponis that he knawis not nor hard ony compulsion ; and siclik producit Robert 2 Read and George Richartson, servandis to Mr. Thomas Balfour, and Thomas Beanis tailyeor. Robert Read, servand to Mr. Thomas Balfour, sworn resavit and examinat, deponis that, on Sunday befoir the handfasting, he hard Robert M c kye say to Elspet M c ky his dochtir, Gyf thow wil not be content to do my counsal thow sal have na geir of mvne : and sche ansuered, I desyre to mary na man. George Richartsoun deponis that nethir was he at the contract making nor handfasting, and hard nocht hir father compel hir to mary. Thomas Beanis, sworn resavit and examinat, deponit that he hard nevir hir father compell Elspet M c ky to mary Thomas Read. Schir Robert Smytht 3 resavit and sworn kennis not the compulsion alledgit. The seat assignit this day aucht dayis to Elspet to do diligence for Robert Baxter. 4 And now Robert Baxter, comperand, deponis that upon the Sunday eftir nuin umquhill Robert M c ke said to Elspet his dochtir, I have spokin wytht Thome Read, quhat thinkis thow of it ? [And Elspet ansuered,] 1 Fathir, quhat alis yow at me ? Ye ar tyrit of me ! Gyf ye wil gyf me ony thing, gyf me it, and ye sal hald it to your self quhil ye leiff. And Robert Makke ansuered, Quein ! quhat auchtis to the ? Gai seik thy motheris testa- ment, truly ony tiling thow aucht to have of it thow sal have ! 1 Omitted. 2 Interlined over Thomas. 3 Probably the Robert Smyth who signed the General Band and also the Recantation in February 1559-60 {supra, pp. 11, 14). He had a son, John, who became a hammerman, and who, in 1584, is described as lawful son of ' umquhill Sir Robert Smyth curat ' ; and in a list of the brethren of the craft in the follow- ing year, he is entered as 'curat,' evidently to distinguish him from other two John Smyths in the same craft {Bouk of the Hammermen of Sanctandrous). 4 The remainder of this paragraph has been inserted afterwards. 406 REGISTER OF Die Mercurii, secundo Martii, 1574. Commission to the Assemblie of the Kirk. Nota. Forbidding of the play of Roben Hwid. The quhilk day, the seat lies votit commission to be gevin to Maisteris Thomas Balfour and William Cok, commissionaris of the seat, to compeir in Edinburgh t in the General Assemblie of the Kirk, to be haldin the vj day of March e instant. The said day, the seat ordenis the minister, on Sunday nixt to cum, or uthirwayis as he sal be chargit and warnit, in the name of the eternal God, to command and chairge all and quhatsumevir personis indwellaris in this citie and spetialy yowng men in general, and als in spetial as he salbe informit, That nane of them presume nor tak upon hand to violat the Sabbat day, be using of playis and gem mis publiclie as they war wont to do, contrafating the playis of Robein Huid, expres defendit and forbiddin be Act of Parliament, 1 undir all hiest pane that the seat may injone to them. 1 In 1555 it was 'statute and ordanit that in all tymes dimming na maner of persoun be chosin Robert Hude, nor Lytill Johne, Abbot of TJnressoun, Quenis of Mali, nor utherwyse, nouther in burgh nor to landwart ' (Acts of the Parlia- ments of Scotland, ii. 500) . Latimer, in a well-known passage of a sermon preached before Edward the Sixth in 1549, complains that although he ' sent word over night ' to a town that he would preach there next morning because it was a holiday, yet on his arrival ' the church was fast locked ;' and when at length the key was found, he was told they could not hear him because it was Robin Hood's day. ' I thought,' he says, ' my rochet should have been regarded, though I were not ; but it would not serve, it was fain to give place to Robin Hood's men . . . all this hath come of unpreaching prelates' (Latimer's Ser- mons, Parker Soc. p. 208). Despite the Act of Parliament and later Acts of the General Assembly Robin Plood's play was long popular in Scotland. A riot was occasioned by an attempt to suppress it in 1561, see Laing's Knox, ii. 157-160 ; Diurnal of Occurrents, pp. 283-285. Perhaps the manner in which the session had been recently taken to task (supra, p. 396, n. 2) may have quickened their, zeal at this time. While James Melvill was a student in St. Andrews, plays were included among the 'solemnities' then used when the students attained their ' Bachlar art ;' and he mentions one play specially, which was made by John Davidson at the marriage of ' Mr. Jhone Colvin,' and which he saw played in Knox's presence in 1571, ' wherin, according to Mr. Knox doctrin, the Castle of Edinbruche was beseiged, takin, and the captan, with an or twa with him, hangit in effigie' (Melvill's Diary, pp. 27, 28). The chief opposition to Robin Hood probably arose not only from the impropriety of celebrating the exploits of a robber, but because, in ' gathering ' for it, his admirers were too ready to copy his example ; and the General Assembly alleged that the observance caused the profanation of fasts as well as of the Sabbath (Booke of the Universall Kirk, ii. 407, 410, 784). ST. ANDREWS KIRK SESSION. 407 Die Mercurii, ocociij 0 Martii, 1574. The quhilk day, Henry Tailzeor in Strawethie is admittit to [Henry be resavit again to the kirk, becaus occording to the ordour he lies maid satisfaction in sekclaitht mony Sundayis, conform to the actis of kirk, and this to be don on Sunday nixt to cum. Die Mercurii, penultimo mensis Martii, anno Domini j m v c locxv to - The quhilk day, George Grig and Jonet Myllar, dochtir to Grig, Myllar. Alexander Myllar cultellar, being dilatit as fornicatoris and the said Jonet to be witht childe to the said George, comperit the saidis George and Jonet ; and the said George 1 confessit hym to have had carnal dail witht the said Jonet, bot quhethir the bairn sche is withtall be his or not, he knawis not ; and referris simpliciter to the said Jonet aitht gyf the bairn 2 be his or not. The said Jonet, being sworn be invocation of the eternal God, deponis in hir aitht that sche nevir had carnal dail witht man bot witht the said George onlye, and the bairn to be the said Georgis and na utheris. The said day, Christen Tuirbane confessis that sche buir Forsytht, ane bairne in fornication to Henry Forsytht, and oblesis hir to satisfie the kirk quhen evir sche sal be requirit ; and Maister Johne Scot, hir maister, souerte for hir to fulfil the ordinance of the kirk. The quhilk day, Johne Kirk confessit Margaret Ednem to Kirk, Ednem. be witht childe to hym, and lies promittit to mak satisfaction to the kirk, and decernit to do the sam. The said day, James Brenche tailyeor decernit witht his [Brenche, Bell.] awn consent to ma[k] his repentence, upon Sunday cum audit dayis, for brekking of the ordour in lying witht his partye befoir solemnization of mareage betwix hym and [blank] Bell. The said day, Johne Robertsoun seeman confessit and IVoia, gran tit hym to have had carnal dail witht Christen Zwill, fwiiK tS ° n dochtir to Johne Zwil baxter, he being not divorsit fra Mariory Waed, and offeris hym to mak repentence according 1 Jonet George in MS. 2 Bah n bairn in Ms. 408 REGISTER OF to the ordinance of the kirk ; and Dauid Robertson fleschear cautionar for the said Johne [to] 1 fulfil the sam undir paine of xl lib. Die vigesimo septirno mens'is Aprilis, anno Domini j m v c lxcc quinto. [Thepuir.] The quhilk day, the seat ordenis and appointis the personis undir writtin, to tak trial and vesy the puris of ilk quartar withtin this citie, that the puir and agit, yowng and auld, may be supportit witht the common almes as efferis, and the per- sonis able to be removit thairfra. The first quartar. Anent trial to The Southt-gaet fra the Abbay to the parroche kirk on baitht betekinofthe t he sydis of the gait: Maister Thomas Balfour, bailye, Mr. Martine Geddy, Mr. William Cok, George Brown, bailies, to vesy the said quartar ; and the heal rest of the quartaris, togethir witht Johne Motto, Dauid Walwod, James Robert- son, Charles Geddye, witht the rest of eldaris and diaconis ; and this visitation to be maid witht al expeditioun ; and also to try, conform to ane act maid of befoir, quhow mony of them can say the Lordis Prayer, the Beleve, and the Commande- mentis of almychty God. 2 The said day, it is statut and ordenit be the seat that, in tyme cuming, the puris be convoyit to the burial witht the inhabitants of the town als weil as the riche, according [to] 1 the ordinances maid of befoir, and the transgressouris of the said ordinance to be punisched conform to the act. The said day, Alexander Myllar producit ane clame aganis rij quarto Maii. George Grig? tweching the defloring of the said Alexander dochtir. The seat ordenis the copy of the bill to be gevin to the said George, and assign it this day aucht day is, to wit, the fourt day of Maii nixt to cum. Nota. Anent the burial of the puris. Myllar, Grig, 1 Omitted. 2 Those who could not repeat the Lord's Prayer, the Creed, and the Com- mandments, were not to be admitted to the Lord's Table {supra, p. 196, n. 2). ST. ANDREWS KIRK SESSION. 409 Die Mercurii, quarto Mail, anno Domini j m v c lroc qumto. The said day, the seat hes appointed and thocht gude the Celebration of communioun be celebratit upon Witsunday nixt to cum, to lhecornmun!011 wit, Sunday cum xv dayis, the xxij day of Mail instant. And swa examinatoris to the first quartar, Maister James Wilke, Principal of Sanct Leonardis Colleage, Mr. Martine Geddy, Mr. William Cok, William Gyfford, Johne Bonkil. The secound quartar, Mr Patrik Authinlek, Mr. Alexander Jarden, Mr. Thomas Balfour, James Brydie, [Mr. William Cok — erased] James Robertsoun. The thrid quartar, the minister, Mr. Robert Jncheoth, Johne Motto, Charles Guthre, Dauid Walwod, James Alane, Johne Levin gston. The fourt quartar, Mr. Johne Ruthirfurd, George Brown, George Blak, William Main, Alexander Myllar. Item, the examination to begyn upon Moninday the nynte day of Maii instant. The quhilk day, in the terme assignit to George Grig to Myllar, Grig, ansueir to the bil producit be Alexander Myllar aganis hym, r! '' comperit George and producit ansueris in wryte in presence of the said Alexander, and the mater continuat to this day aucht dayis. Mercurii, xxv t0 Maii, 1575. Absentis fra the communioun last celebrat upon the xxij day of Maii 1 575. Robert Brown in the Este-burn-wynd, George Philp [blank]. [Absentis James Gilrwitht refusing to joine handis witht Johne Cwik communion.] wyfF, being desyrit be George Blak to be reconciled witht the said Johne Cwik wyfFe, and now reconciled. Robert Bred nethir presentit hym self to examinatioun nor Bred, the table of the Lord, and accusit to be ane commoun drunkat subject to drunkienes. The seat hes ordeined Robert Bread to pay xl s. to the collectour of the puris almes, for his absence fra the examinatioun and communion; and gyf he beis fund dilated again for drunkinnes he sal sit upon the umest 1 penitent drunk^ttis. Uppermost, highest. 410 REGISTER OF stuil, witht ane paper about his head, and his fait writtin thairintil ; and this to strek upon al drunkatis. Tliomas Hwsband, being unreconciled witht Andro Colyne, cam to the table of the Lord, and was participant thairof; and Thomas, being accusit heirof, maid faitht, in presence of God and the seat, that he had na invy at Andro Colyne, nor buir malice in his hart aganis hym. And the seat commandit hym to pas to Andro Colyne, and bryng hym in presence of the seat, that they mycht knaw the sam ; quhilk was done in presence of the seat, &c. Maister Alexander Jarden and George Philp being at inamite 1 and now reconciled. Die Mercurii, prima Junii, 1575. [Read, Mcke.] The quliilk day, the seat appointed this day audit day is, the viij day of Junii, to pronunce and gyf furtht decreit in tlie actioun of [Robert M c ky — deleted] Thomas Read aganis Eliza- betht M c ke. Die Mercurii, octavo Junii, 1575. ^ ota ' t The quhilk day, in the terme assignit to pronunce and gyf soiemnizatio?iis furtht decreit in the actioun of Thomas Read aganis Elizabetht matrimonii inter Thomam M c ke, dochtir of umquhill Robert M c ke in the West-burn- Read et Eliza- W y n de, the seat, in respect that Elizabetht M c ke allejnt hir betht M c ke. * r ^ compellit be hir fathir to mary the said Thomas and failyeit in probation thairof, decernit hir to proceid in mareage witht Thomas Read undir paine of excommunication. Die Mercurii, penultimo mentis Junii, anno Domini j" l v c lrocv ta - Catharine 2 The quhilk day, Christen 2 Ramsay, servand to Catharine Thomas Wat- Rettray, relict of umquhill Johne Wilsoun, grantis hir witht sonfomicatoris. c hild e to Thomas Watsoun brother to Alane Watsoun ; and that the bairn was gottin in the said Catharine hows, and the said Catharne undirstude not this bot withtin this monctht, and that scho schew the sam to Alane Watsounis wyffe xiiij Janimiie in MS. 2 Sid ST. ANDREWS KIRK SESSION. 411 dayis syne ; and als confessis that sche had carnal dail witht the said Thomas in Alane Watsonis hows. Die Mercurii, viges'imo quarto mensis Augusti, 1575. The quhilk day, Beterage Rantoun confessis liir to be witht Keniowy, childe to Johne alias Schir Johne Keniowy ; and Johne Ken- iowy allegit that at the tyme the said Beterage allegis the bairn to be gottin, to wit, in the Passio[n] oulk befoir Pasche last was, he offeris hym to preif sufficiently that ane uthir man lay and had deal witht the said Beterage, and confessis that he lay witht the said Beterage bot not the tyme foirsaid ; and gyf the said Johne previs not sufficientlye his saidis allegeances that lie sal tak witht the bai[rn], and submit hym to the correction of the kirk ; and gyf the bairn cum m [is] not to the said rak- nyng that he wil not tak witht it and protestis the sam, &c. The quhilk day, William Ferry, for George Gryg baxter, Gryg. Myllar. producit the dischairge of the General Assembly discharging the kirk of Sanctandros to proceid aganis the said George Grig, compelling hym athir to mary or tochir Jonet Myllar. The seat appointed this day aucht dayis to gyf thair deliver- Ultimo ance [quhethir they wald obey the said cha'irg or not, or ellis to ugustt% ■see quhat they think best to be don in the mater — erased]. Die ultimo mensis Augusti, anno Domini j" l v c looxv to - The quhilk day, in the terme assignit to delyver be the seat Myllar, Gryg, gyf they wil obtempir and obey the chairge of the General "Libri^' Assemblye, forbidding to proceid in the action of Jonet Myllar aganis George Gryg anent the mareing or tochoring of hir, or at least to see quhat they think best to be don in the mater ; and comperit George Grig and desyrit ansueir of the seat, and desyrit hym to be admittit to mak his repentence according to the ordour of this seat and kirk. The assembly presentlie con- venit continuis the ansueir quhil this heal assemblye be con- venit, and ordenis the heal assemblye to be warnit to that effect to this day aucht dayis. REGISTER OF Deere turn sessionis paws Margaretam Moncur, Die Mercurii, xxj™ 0 - Septembrh, 1575. The quhilk day, Margaret Moncur is ordeined be decreit of the seat to abstein fra cumpany of Schir Johne Kenlowy and al uthiris, quietly, in al suspect places, in tyme cuming ; and gyf sche be fund to do the contrare to be punisched according- lye, and sche being dilatit it sal be haldin pro coiifesso. Eldaris and diaconis for the yeir in to cum. Eldaris. Maister Johne Ruthirfurd, Provest of Sanct Saluatoris Colleage Maister James Wilke, Principal of Sanct Leonardis Colleage Maister Johne Robesoun, regent in the New Colleage Maister Thomas Balfour Johne Martine eld< Maister William Upaland. Maister James Wemis of Lathokir 1 James Forret in Smydde-Grein. lder ) Cok J Bailies. George Brown Johne Motto James Robertson Mr. Martine Geddy Mr. Johne Bonkil Charles Guthre. William Zwill Alexander Castaris Jolme Scott George Blak William Gyfferd William Main James Schewes Diaconis. Alexander Smytht Alexander Myllar. Thomas Layng Martine Costorphine Waltir Kinninmontht pJpaland. Dauid S[co]t in Kincaple J X 1 About five years after this, 1 Mr. James Wemyss of Lathocker had obtained service of himself as heir to the office of Constable of the castle and town of St. Andrews, which had been granted to his great-grandfather, John Wemyss of Kilmany, by Henry Wardlaw, Bishop of St. Andrews, in 1440, when he married Janet Wardlaw, the Bishop's niece. Archbishop Adamson impugned the docu- ments on which the service was based, alleging them to be forged, and cited "the gud man of Lathokar " before the Lords of Session to prove the authen- ticity of the writs. ... It is probable the Wemysses had allowed the exercise of it [the office] to fall into abeyance, and the Archbishop, deeming "it hurt and ST. ANDREWS KIRK SESSION. 413 Die Mercwii, vigesimo sexto Octobris; anno Domini j m v c lxx qu'into. The quhilk day, the seat ratifiit and apprevit the statutis of this session maid upon the v day of November 1572, the saidis statutis being red, &c. The quhilk day, Johne Robertson seeman and Christen Zwill Nota, adulteraris ar decernit be decreit of the seat to mak thair re- zw^adult'eri. pentence in sek-claitht, upon Sunday the sext day of November nixt to cum, undir paine of excommunicatioun. The said day, Johne Zwil baxter is ordeined that in tyme Decretum cuming he resate not in howsald Johne Robertson seeman, and ^fa^Lm* 1 *™ gyf Christen Zwill his doehtir wil not forbeir cumpany of the Zwil. said Johne Robertson [that] 1 he put hir furtht of 2 his hows, undir pain of excommunication. Die Mercurii, nono mensis Novembris, anno Domini j m v c lxx quinto. The quhilk day, comperit Beatye Strang, sumtyme servand Strang, Ler- to the Laird off Balcolmy, witht hir mother kepar of the Laird monht - of Balcolmy hows, being askit quha was fathir to the bairn that sche buir upon Moninday was thre oulkis, to wit, the \blank\ day of October last was, in Christen Strangis hows, the myd- wyffe callit [blank] being present, togethir witht Duncane Dauidsonis gude-dochtir callit Aleson Myilsoun, the tyme of hir birtht, and affirmis constantlye the bairn to be William Lermontht, servand to the Laird of Balcolmy, quhilk he begat in the first heal oulk of Lentroun last was as sche belevis, or the said William passit in France, and now allegis the said William was seik at Fasterennis-ewin and befoir the seiknes the bairn was gottin. The said day, Thomas Wilsoun, servand to Johne Wilson, Wilsoun, Bwikles. dishonour to be abusit in ane office of sick consequens, quhilk," he says, "their predecessours hes nocht bruikit, and quhairof I se na autentik ground," was not prepared to yield the point. Very probably the dispute was compromised, and the office yielded up to Adamson for some consideration, as it never seems to have been possessed by the Wemysses, at least subsequent to this date ' (Sir William Fraser's Memorials of the Wemyss Family, i. 177). 1 Omitted. 2 Ofof'm MS. 414 REGISTER OF confessis and grantis that he had carnal deal witht Agnes Bwikles, upon ane Sunday foure oulkis befoir Witsunday last was. And the said Agnes confessis hir to be witht qwik childe to the said Thomas Wilson, and as sche affirmis the bairn was gottin viij dayis eftir the Seingze-dav last was. Forman. Chvnve. Murray, Cordye, fornica- tores. Die Mercuriij xxvwj* Deccmbris, 1575. The quhilk day, Besse Forman grantis and confessis hir to be witht childe to Mathow Clwnye, and Mathow confessis the sain, and that he hes maid promissis of mareage to the said Besse. and to perform the sam witht al diligence, and baytht to absten fra mutual societe quhil they be mareit, undir pain of excom- munication. And Dauid Kynneir, cautionar for Besse Forman to mak satisfaction to the kirk, and to absten fra mutual copu- lation quhill they be mareit, undir pain of ten merkkis. And Johne Sowrdy souerte for Mathow Clwny undir pain foirsaid. The said day Jonet Murray, hantand witht Nannis Schewes, confessis hir witht childe to Alane Cordve in Cossingrav. Die MereurU, xvn}' Januaru, 1575. [Mariorye The quhilk day, Robert Grub, yownger in Baalye, witnes. orwkhecraft 1 : examinat upon the dilatioun and accusatioun of Mariorye w7tnes°]° niS ° f S 111 )^ 1 ^ spous of Johne Pa, dilatit and accusat of wichecraft. sworn e, deponis that he hard be his awin wyffe, Jsobel Johne- stoun, and Nannis Michell, report that the said Jsobel Johne- soun, being in traveling of hir childe, Pais wyffe cam to hir and Nannis Michel being thair layit hir hand on the said Nannis, and sche becam seik incontinent thaireftir ; and the deponentis wyffe being laid up in hir bed, sche tuik the said Nannis be the hand, and sche becam weil again, and eat and drank witht the rest of the wemen [that] 1 war thar ; and attour, deponis that viij or nyne dayis thaireftir his spous foir- said, being verrv seik, send for the said Pa wyffe, and >che refusit to cum quhil the deponent veid hym self and compellit hir to cum, and at hir cuming sche tuik the deponentis wyffe 1 Omitted. ST. ANDREWS KIRK SESSION. 415 be the arme, and grapit hir, and pat up hir fyngaris betvvix the scheddis of hir hair, and incontinent thaireftir sche cryit for mait : and attour, deponis his wyffe was sa seik that nane trowit hir lyffe being oppressit witht swait and womyng, 1 quhil Pa wyffe cam and handillit hir, and this was fowre yeir syne cum Witsunday. Christiane Methtwen, spous to Waltir Padye, cowper, witnes, sworne and examinat in the said caus of accusation, deponis in hir aitht that tyme foirsaid sche was present in Grub hows,quhen his wyffe was travelling in hir childe-evill, and Nannis Michel cam in, and eftir sche had askit at Grub wyffe hir ant quhow sche did, Pa wyffe said sche wald be weil belyffe, and incontinent thair- eftir the said Nannis Michel becam verry seik, and Grub wyffe was lychtar incontinent and softer of hir seiknes ; and Grub wyffe being laid up in hir bed the said Nannis becam the better : and confessis that they war all fleyit, and ane myst cam ower the deponent ein, that sche could not see quhat Payis wyffe did to Grub wyffe : and forthir deponis that ix dayis eftir the said Grub wyffe was lychter and being verry seik, the deponent and Robert Grub yeid for Pa wyffe, and compellit [hir] 2 to cum and vesy Grub wyffe, and eftir sche tuik Grub wyffe be the hand sche becam the bettir and eit and drank. Die Mercurii, xxv t0 mensis Januarii, anno Domini j m v c lxocv to - The quhilk day, Mariory Smyth t, and 3 Johne Pa hir spous [Smytht, for his interes, being somound to heir witnessis sworne resavit and admittit in the action of wichecraft persewit aganis the said Mariory, thir witnessis undir-writtin war resavit sworn and admittit to examinatioun. in pain of non comperence of the saidis Mariory and hir spows. William Balfour, baxter, witnes, somound sworne resavit and admittit, deponis the pointis contenit in the Superintendentis chartour of reces of dilation to be of trewtht and veritie. James Gilrwitht, witnes, confessis that his kow gaif na mylknes, and his dochtir repruffit and accusit Mariory Smytht that hir fathir kow gaif na mylk, and thaireftir his dochtir 1 Moist heat Omitted. 3 And and in Ms. 416 REGISTER OF becom seik, and Mariory being 1 callit to James Gilrwitht hows to vesy his dochtir, sche said nathyng wald aill hir scho wald be weil aneucht. 2 Item, Andro Sellar and Thomas Christie, examinat in the said mater, deponis that they desyrit Johne Pay nocht to depart of the town gyf his and his wyffis caus war gud. He ansuered that he feared, and thairfoir he and his wyffe yeid thair wayis. And Besse Hereis confessed the sam, and forthir [that he] 3 said that for hym self he durst byde, bot yit his wyffe feared, and thairfoir they 4 durst not byde : also that Pay desyrit hir gude-man to pas to the coles witht Dauid Robert- son, becaus he was ane sonsy man ; and sen Pa and his wyffe dwelling undir them, he was xl merkis bettir. Mareoun Dawsoun, my d wyffe, witnes, sworn, takkis on hir sowll that sche knawis nathing of the dilatioun. Alexander Ade, witnes, knawis nathyng of the dilation. Maige Dawson knawis na thyng bot be relatioun of utheris, &c. Die decimo quinto mensis Februarn, anno Domini j" l v c locx quinto. The quhilk day, Margaret Murray, servand to Hew Lynde- say, confessis hir witht childe to Coline Campbel, sumtyme student in the New Colleage. The said day, Thomas Read, Andro Hog, Johne Sourdy, Robert Murray, and Simon Wellis, Arche Wischart, Johne Blak walcar, Johne Fairful, Johne Paterson, Johne Muffat, George Methtwen \mercliandis — deleted], Alexander Myllar cultellar servand, Andro Myllar fleschear, Dauid Robertson fleschear, James Dempstertoun fleschear, Johne Nicolsoun fleschear, Johne Kelle fleschear, Johne Furde chaepman, Andro Trymlay chaepman, James My 11 chaeplen, Andro Trymlay merchand dochtir, Andro Mynneman, Alexander Ramsay tail- yeor dochtir, James Bawerage cordonar, accusat for using merchandice upon the Sunday in Carrail aganis Goddis Word, and brekking of the cumlye ordour of this citie ; admonesit to Murray and Campbel, for- nicatores. Nota. For brekking of the Sabbat day. 1 Be in MS. 3 Omitted. 2 Aneththt in MS. 4 Th in MS. ST. ANDREWS KIRK SESSION. 417 desist and ces fra siclik doing in tyme cuming, undir pain of excommunication and incurring of the panis contenit in Actis of Parliament ; and ane supplication to be gevin up to the magistratis to punesche them according to the saidis Actis. Die Mercurii, decinio octavo mensis Aprilis, anno Domini j m v c lxx sexto. The quhilk day, it is statut and ordinat be the session that Nota. fra this furtht that al transgressoris, sic as fornicatoris and session anent adulteraris, be impresoned in the steple of the parroche kirk of theimpresoning . . , . . . t . of transgres- this citie, thair to remain according to the ordour, and this souris. statut to be publist be the minister in the pulpet. Die Mercuri, xiif Maii, 1576. 1 The quhilk day, it is appointed be the seat that the com- [Communion munion be celebrat upon Sunday cum xx dayis, to wit, the Jjo n .] Xamma ~ xvij of Junii ; and the examination to begyn upon Moninday cum audit dayis, the fourt day of Junii. The quhilk day, Johne Smytht gun-makkar is becum cau- Traill, Smytht, tionar that Thomas Traill and Margaret Smytht sal fulfil the ^ tht ' ordinance of the kirk, to be injoned to them for alledgit brek- king of the ordour of the kirk, quhenevir they salbe callit thairfoir, undir pain of ten lib. And Alexander Smytht obligat and actitat to releve the said Johne Smytht. Die xxiuj t0 mensis Junii, anno Domini j m v c lxxvj t0 - The quhilk day, Johne Blak in Raderny is becum souerte for Nota. Beiggis Blak thair, now lyand in cheildbed-lair, that how sone N ^ a \ sche beis restoryit to hir heal [sche sal underly disciplin] 2 quhen sche sal be requirit thairto undir paine of x lib. Die quarto mensis Julii, 1576. Nota. The quhilk day, it [is] 2 statut that na prevy subscriptions ^se n t of the assemblye. 1 The 13th of May was not a Wednesday, but the date of this entry has been altered, having originally been xxiij" • and in the entry xx has been substituted for xv, and cum aucht dayis for nixt to cum. 2 Omitted. 418 REGISTER OF Wilsoun, Arthour. of ony personis of the assembly, withtout heal consent of the assemblye, have effect in tyme cuming. Die Mercurii, undechno Jidii, 1576. The quhilk day, Johne Wilsoun, sone of umquhill Henry Wilson, citenar of Sanctandrois, being callit befoir the sessioun, and askit gyf Henry Forsytht his gude-fathir had usit hym hardlye in ony sort, quhairby he was constranit to johne hym self in mareage and so seik the assistence of his alya, 1 and also gyf his mother had not doin hir dewty to hym, ansuered that he could fynd na fait witht athir of them bot thocht it was for his awin weil to joine hym self witht sic ane partye, and wald stand constant at the promis maid be hym to [blank] dochtir to Henry Arthour, befoir George Blak redar. And Maister Andro Wilson, being callit be the seat, allegit curatour to the said Johne, being askit gyf the said promis was maid witht his consent, ansuered that he was incertane gyf he was chosin curatour to the said Johne or not, bot gyf he was chosin he nevir accepted the office of curatory on hym. Not'a. Clwnye, fforman. Die vigesimo primo merms Julii, anno Domini j m v c lxxvj t0 - The quhilk day, James Sourdy armorar is becum souerty for Mathow Clwny cultellaiy that he sal mary solemplye, in pre- sence of the congregation of this citie, Besse fforman, betwix this and Zwil nixt to cum, undir paine of xx lift. ; and the said Mathow to releve the said James his cautionar undir paine foirsaid, so oft as neid beis, de rnandato ministri. Lermomht, Strang. Die Mercurii, octavo Augusti, annoj m v c lxxvj to - The quhilk day, Beaty Strang being callit to depone hir aitht quhethir the bairn alledgit to be gottin betwix hir and William Lermontht was the saidis William or not, becaus the said William referrit simplieitcr to the said Beaty aitht gyf the bairn was his ; the said Beaty ansuering in hir conscience that 1 Alliance. 2 Evidently the same individual who is mentioned p. 169, n. 4. ST. ANDREWS KIRK SESSION. 419 the bairn was not the said William, and affirmis the bairn gottin be ane Frencheman, servand to the Laird of Ramorny, callit Rinnie, and the bairn to be his. Die Mercurii, xocia? mensis August}, anno etc. locxvj to - The quhilk day, William Elistoun confessit hym to have Elistoun, had carnal deal witht Elspet Fairly, presentlye being witht fornicatoris. childe ; and that the first tyme he lay witht hir was on Sunday befoir Fasternnis ewin, the fourt of Marche last was, and the last tyme in the Seingze oulk nixt thaireftir, to wit, in the monetht of Maii. The said Elspet examinat thairupon aggreis witht the sam in al pointis, and forthir the said Elspet alledgit promis of mareage maid be hym to hir, and referris the sam to his aitht. The said day, Colyne Campbel grantis hym to have gottin Campbel, ane cliilde in fornication witht ane Margaret Murray, and Murray " offeris hym to accomplische the discipline of the kirk quhatevir beis injoned to hym, and thairfoir desyris the bairn to resave the benefit of baptisme. The said day, the seat, for consideratiounis moving them, Nota. decernit in tyme cuming na cautioun to be taking of them sesswms. That that ar dilatit for fornication or adulterie, bot incontinent to J 1 ^* 1111011 be suffir 1 ecclesiastical discipline eftir the offence be provin. Electioun of eldaris and diaconis, upon Fryday, the twelt day of October, yeir of God j m v c lxxvj yeris. Eldaris. Maister Johne Ruthirfurd, Provest of Sanct Saluatoris Colleage Maister James Wilke, Principal of Sanct Leonardis Colleage Maister Johne Robeson, regent of the New Colleage Maister Thomas Balfour ) g a j}j es Maister William Cok j Johne Martine, elder Mr Martine Geddy Maister Patrik Authinlek Mr Johne Bonkle Johne Motto Charles Guthre James Robertson James Forret in Smyddie-grein. 1 Suffit in ms. 420 REGISTER OF Non subscribitur. William Zwill Alexander Castaris Johne Scot George Blak Charles Watson, writar Diaconis. David Blair Alexander Smytht Alexander Myllar Thomas Layng in Elene-hill. Approbatioun . Die Mercurii, septimo Novembris, 1576. — The quhilk day, mawVfbefoir. the sea ^ r£ ^tifiit and apprevit the statutis maid upon the fyft day of November j m v c lxxij yeris, and lies promittit faithtfully to observe the sam in tyme cuming. No ta. Zwil, Cwnyng, Robertson. Die Mercurii) xxviij 0 Novembris, anno Domini j m v c lxxvj to - The quhilk day, Johne Zwil and [blank] Cwnyng his spous ar decernit, on Sund[ay] nixt to cum, to mak thair repentence for resaving of Johne Robertson seeman in thair hows, quha committit adultery witht Christen Zwil thair dochtir, undir pain of excommunication. Decretum sessionis penes Egidiam Sym- son. Die decimo nono mensis Decembris, 1576. The quhilk day, Gelis Symsoun is decernit of hir awin propir confessioun, that gyf evir sche sal in tyme cuming be dilatit to be ane bannar or blasphemar of hir husband, or not to cum to the sermon on the Sabbat day, to sit in the gok stule xxiiij howris. Lawson, Christie. Decretum sessionis penes Jonctam Elder. Die xxvj to mensis Decembris, 1576. Thomas Lawson and Catharine Christie grantis ane childe begottin betwix them in fornication. Dauid Zowng, deakin of the wobstaris, cautionar for Thomas Lawson to entir upon Settirday nixt to cum, to entir to mak his repentence accord- ing to the ordour, undir pain of xx lib. Item, Jonet Elder, in respect of hir confession of hir evil tung, is thocht, gyf sche committis siclike in tyme cuming, to be banesed the town be decreit of the magistratis. ST. ANDREWS KIRK SESSION. 421 Die Mercurii, secundo Januarii, anno Domini j m xflvxvj t0 - The quhilk day, Richard Smytht in Kinninmontht is decernit Smytht, be decreit of session to compleit [the] 1 band of matrimonye Afa£* ay * betwix hym and Jonet Ramsay, on Sunday cum aucht daiis, undir pain of x lib., to be takin up be the bailies to the use of the puiris ; and this nixt Sunday to mak satisfaction for brekking of ordour, on Sunday nixt to cum. 2 [Patrik — deleted] Thomas Galloway cautionar, and Richard Smytht to releve his cautionar Thomas foirsaid. The said day, Margaret Mar, spous to George Richartson, Decretum , . . J m "■•■ /> i • p . • sessionis cont, decernit m tyme cuming to desist ira kepmg ot tavenne upon Margaretam the Sabbat day in tyme cuming, undir pain of xl s., and to Mar - mak public repentence upon the penitent stule. Quhilk decreit was gevin furtht witht consent of the saidis Margaretis and hir spous. Die Mercurii, sexto Februarii, 1576. Memorandum : this day aucht dayis appointed to consult Rij. • . -ii 7 j Nota. gyf promis of mareage in tyme cuming sal be per verba ae presente vel de futiiro, and siclik quhair the transgressouris sal- be impressoned. Item, anent the sermone to be maid on Fry day in tyme cuming. Die Mercurii, decimo tertio mensis Februarii, 1576. The quhilk day, anent the supplication gevin in be Margaret [Margaret Clapen to have hir bairn baptized, it is thocht gude that my Clapen ^ Lord of Sanctandros 3 direct ane somoundis, to call hir husband 1 Omitted. 2 These five superfluous words are added in the margin. 3 According to James Melvill,* when John Douglas was created Archbishop of St. Andrews, Patrick Constantine, or Adamson, was so disappointed at not being preferred, that he 4 becam a zealus preatchour against bischopes. I hard a sermont of his,' continues Melvill, ' the ouk efter the Bischope was maid, upon ane extraordinar day, that he might haiff the graitter audience ; wherin he maid thrie sorts of bischoppes : My Lord Bischop, My Lord's Bischop, and The Lord's Bischope. " My Lord Bischope," said he, "was in the Papistrie : My Lord's Bischope is now, when my Lord getts the benefice, and the Bischope serves for 422 REGISTER OF [Robert Mal- will.] Nota. [Anent promis of mareage.] Nota. [Lentht of sermon.] to compeir befoir my said Lord Bischop in this seat, to ansueir to sic thingis as sal be sperit of hym. The quhilk day, it is ordeined be the saet that Robert Malwill, upon Sunday nixt to cum, cum to the penitent stuill and mak his public repentence, for the sclandir 1 committit be the murthering of Dauid Martine ; and to submit hymself to ony forthir thyngis that the kirk sal injone to hym, and to fynd caution thairto gyf the kirk thynkis expedient. The said day, it is thocht gude that the parteis that ar to mak promis of mareage cum befoir the seat, and gyf up thair names in wryte, quhilk salbe deliverit to the redar, and the promis to be maid per verba de futuro in tyme cuming. The said day, it is ordeined that in tyme cuming the sermon begyn on the Sunday at half howre to ten, and to be endit at the farrest at elevin liowris. 2 Die MercurWy vigesimo Februarii, anno Domini 1576. Elistoun, Fairly. The quhilk day, William Elistoun confessis and grantis that the childe laitlye born be Elspet Fairly to be his, gottin in na thing bot to mak his tytle sure : and The Lord's Bischope is the trew minis- ter of the Gospell"' (Melvill's Diary, Wod. Soc. p. 32). And when it was announced in the General Assembly, in October 1576, that the Regent Morton had presented Adamson as Douglas's successor he was publicly asked, ' Giff he wald receave that bischoprik?' To which he answered, 1 He wald receave na office judgit unlawfull be the Kirk ; and as to that bischoprik, he wald na wayes accept of it without the advyse of the Generall Assemblie.' But Melvill adds, 'Nevertheless, or the nixt Assemblie [April 1577], he was seasit hard and fast on the bischoprik ' [Ibid. pp. 56, 57). 1 In 1565 the General Assembly clearly distinguished between the slander, for which the Church was to deal with notorious malefactors, and the crime for which the magistrate was to judge them {Booke of the Universall Kirk, i. 74-76). 2 Some interesting notes on the length of sermons will be found in Dr. Edgar's Old Clmrch Life, first series, pp. 103- 106. A more extraordinary example than any there mentioned occurred towards the close of last century, when James Thomson of Dunfermline preached an action sermon of two hours in his ninetieth year {Old Statistical Account, xiii. 445). People evidently loved long sermons in those days and plenty of them. An old man, who died fifty years ago, remembered when, in the parish church of St. Andrews, both a lecture and a sermon were included in the forenoon service on Sabbath ; yet numbers of the members, when the service was ended, went straight to the Burgher church, arriving in time to hear the sermon there. ST. ANDREWS KIRK SESSION. 423 fornication, and offeris hym to mak his repentence according to the ordour. The seat desyris the magistratis to tak ordour vvitht the saidis persounis, and thaireftir they sal be resavit be the kirk. Mercurii, xiij 0 Martii, 1576. The quhilk day, comperit befoir the seat Johne Mwdy [Bannis of tymmir-man and Beterage Kyng, and siclike Nicol Johneson Kyng, of John and Jsobel Jak, and desyrit thair bannis to be proclamit to the son and Jak.] effect that they may be mareit. Mercurii, decimo Aprilis, anno Domini j m v c lxxvij°- The quhilk day, it is statut and ordinat be the seat that na Nota. .... P i-i. rn r> • . • o ii Anent commit- committans ol public ottensis, as iornicatioun, &c, sal be taris Q f pu bii c admittit to the communion, 1 quhill the nixt communion eftir offensis. makking of thair repentence, that thair gude behaviour may be knawin. The said day, William Smytht baxter and Meg Brown ar Smytht, Brown, admoneseid in tyme cuming fra convenyng in ony suspect place : gyf they do the contrar to be haldin as fornicatoris. Die Mercurii, xxiiij to Apr His, anno Domini j m v c lxxvij°- The quhilk day, Dauid Cowper and Jsobel Ray his spous ar Cowper, Ray, ordein[ed] and decernit be the seat to intreat utheris honestly Rosse - and godly, in mutual societie, in bed and buird, in al tyme cuming ; and siclike the said Dauid to abstein fra cumpany and banting of Christiane Ros hows ; and siclik the said Christiane Ros to resave not the said Dauid Cowper in hir hows ; and ilk ane of them to conten thair mowthis fra al fylthye and ungodly e speaking, undir pain of excommunicatioun. Mercurii, octavo Aprilis, 1577. The quhilk day, William Clark seeman confessit hym to Clark, Biyitht. have had carnal deal witht Elspet Blytht, eftir promis of mareage betwix them and thair bannis laufully according to Nixt communion in MS. 424 REGISTER OF the ordour proclamit ; and thairfoir [the seat] 1 ordenis hym to solemnizat the band of matrimony witht hir on Sunday nixt to cum, undir paine of excommunication. Die Mercurii, vigesbno sexto mensis Junii, anno Domini ] m v c lxxvvj 0 ' Myliar, Cwik, The quhilk day, Johne Myllar in Baldinny-myln and Elspet Cwik his spous accusat for the doun putting of ane woman bairn, begottin betwix them in band of matrimonye, the thrid day of October last bipast, be byrnyng of the said bairn to the daitht. The saidis Johne and Elspet confessis that the bairn [was] 1 deliverit be thame to thair servand, Elspet Hay, at aucht howris at nycht or thairby, sche passit out of the spens to the hows witht the bairne ; and witht[in] 1 ane half howre thaireftir hir guidman and sche hard the bairn greit, and the said Johne past out of the spens from his awin bed, and fand the bairn lyand be the fyire, and Elspet Hay slepand withtout al clathis bot the sark, quhilk al was brynt the sieiffis except, quhen the bairn was brocht be the said Johne Myllar to the said Elspet Cwik. And Johne Myllar confessis the bairn was brynt upon the bak and rycht schulder in spetial, and deit upon the xiiij day eftir contracting of the byrnyng. Attour, the said Johne Myllar grantis hym to have had carnal deal witht the said Elspet Hay at Lames immediatlye preceding ; and as for the bairn that the said Elspet Hay is presently witht, the said Johne Myllar referris to the said Elspet Hay aitht gyf the bairn be his or not. Oliphant, The said day, Margaret Oliphant grantis and confessis hir Guthre. ^ Q j mve b orrie ane m adin bairn in this citie to ane callit Patrik Guthre, servand to my Lady Oliphant, as sche allegis ; and, becaus sche committit na offens in gaetting of the said bairn in this citie, allegis hir not to be punisched heir, and yit desyris the bairn to be baptized. The seat decernis the said Margaret Oliphant to pas to the minister of Carnbe to caus hir bairn to be baptizit. 1 Omitted. ST. ANDREWS KIRK SESSION. 425 Die septimo mensis August^ anno Domini etc. Ixxvij 0 - The quhilk day, Jonet Leiche confessit hir to be witht Cok, Leiche, childe in fornicatioun witht William Cok, and that he had knawledge of hir 1 carnaly betwix Pasche day, the vij day of Aprile, and the xvij day thairof callit the Seingze day. And the said William being accusat confessit that lie lay witht hir in his fatheris barne, upon Twisday eftir Pasche day, and nevir knew hir carnaly eftir nor befoir. The quhilk the said Jonet Gryg, Sourdy, aggreit thairto. And lykewys Catharine Sourdy confessit hir to be witht childe to Alane Gryg, quhilk the said Alane did confes. And als Margaret Straquhin grantit hir to be witht ^ r ; ^^ n j a k childe to Dauid Jak now in Noroway. And Dauid Jak eftir- wart comperand confessit the sam. Die decimo quarto mensis Augusti, anno Domini j" l v c lxxvij°. The quhilk day, Patrik Hammiltoun being callit be the Hammiitoun, officiar of the sessioun, and his fathir, as he alledgit, Robert Arthour - Hammiltoun, being requirit that the said Patrik sould obey the kirk, comperit Patrik obeying the voce of the kirk, and his fathir ; being accusit that he hes begottin ane childe witht Nannis Arthour, confessit the sam to be of trewtht, and pro- mittit to be obedient and fulfill the command of the kirk in al thyngis to be injoned to hym. The quhilk day, Gelis Mylis desyrit to be mareit witht Nota. Robert Lawson, sone to umquhill Dauid Lawsoun. The seat M * lis ' Lavvson ' dischargit them to procead forthir thairintil, quhil it be knawin gyf the bairn sche buir of befor to An tone Zowng was bap- tizat as scho alledgit, and gyf the said Antone confessit hym to be fathir to the said bairn ; and also quhil sche mak hir repentence in this kirk for the fail committit be hyir. The quhilk day, Johne Myllar, sone to Johne Myllar in Bal- Myliar, Hay, dinny myll, confessit hym to have gottin ane childe in adul- adulten - terye witht Elspet Hay in Kairskeirdo in Seres parrochion, and referris to the woman conscience gyf the bairn be his, bot alwayis confessis that he had carnal daill witht hir, and hes Acknaioledge hir in MS. 426 REGISTER OF offered hym to mak his repentence according to the ordour, and to begyn on Sunday nixt to cum. Petir Eviot, Castaris, forni- catoris. Nota. Smytht. Die Mercurii, xocj mo August^ 1577. The quhilk day, 1 Christen Castaris confessis and grantis hir to be witht childe to Petir 2 Ewiott, and the said Dauid confessis the sam, and confessis baitht promis of mareage betwix them. The quhilk day, the seat ordenis officiar of the assembly to warne and charge Johne Smytht, cordonar, to celebrat the band of matrimony witht \blaiik\ betwix this and Michaelmes, under paine of excommunication. Die Mercurii, ivaro** mentis Sej)tembris,j ; ' l i ,c Li\rrjj Decrettnn ses- The quhilk day, Hew Frew in Pewkye being accusat for pre- sionis penes . " . . , . , Hugoncm Frew, sentmg ane uthens mannis bairn gottin m iormcatioun, he being admonesed privelye be George Blak that the fornicatour hym self wald not gaet the bairne baptizat without repentence passing afoir ; and als compering upon Sunday thaireftir pre- sentand the said harlottis bairn, being admonesed to depart, he wald not gaet the bairn baptizat, contemptuuslye remanit and wald not obeye the admonition ; and forthir being clmrgit for the said offence to compeir the nixt Wedinsday befoir the session, be the said George, obeyit not : quhilk premissis he confessit, and thairfoir the session injunis the said Hew to sitt upon the umest 3 stuil of repentence for the offenc[e] commit- tit, the sam day the harlot fathir to the said bairn witht his harlot makkis thair repentence for the fornication be thame committit, according to the ordour undir paine of excommuni- cation. Die Mercurii, seeundo Octobris, 1577. [Fowlis, Bel.] Margaret Fowlis 4 confessis hir to have borne in fornication ane woman bairn to Alane Bel servand to William Stevinson. Bel, Thowles. Alane Bel confessis hym to have had carnal dael witht Mar- Datiid in MS. Uppermost, highest. 2 Petir interlined over Dauid erased. 4 Sic, ST. ANDREWS KIRK SESSION. 427 garet Thowles 1 quha lies borne ane childe, and Alane referris to the said Margaret aitht, gyf the bairn be his ; and gyf sche confessis the bairn to be his he sal tak thairwitht, and allegis promis of mareage betwix them. Die Mercwrii, decbno sexto mensis Octobris, 1577. The namis of eldaris and diaeonis electit upon Frydaye the xj day of October 1577. Maister James Wilke, Principal of Sanct Leonardis Colleage Mr. James Martein, Provest of Sanct Saluatouris Colleage Mr. Johne Robeson, ane of the principall maisteris of the New Colleage Mr. Thomas Balfour Thomas Walwod, bailie Alexander Castaris, bailie Alexander Nairn Mr. William Cok James Forret in Smyddye-greyn Johne Motto William Monipenny Mr. Marten Geddye Mr. Johne Bonkle. Diaeonis. William Zwill Alexander Smytht Johne Scot, merchand Alexander Myllar George Blak Andro Watson Charlis Watson, writar Thomas Layng James Ade Waltir Kinninmontht. The quhilk day, minister eldaris and diaeonis abone writtin Ratificatio ratifiit and apprevit the heal statutis and ordinances of this sessioun maid of befoir, and in spetial the statutis and ordin- ances maid upon the fyfte day of November, yeir of God j m v c lxxij yeris. The quhilk day, the sessioun having consideration of James Nota. Steill, biddel and officiar of the session, gude service in kepins O rdinance ° f ' & r & the seat anent of the presoun hows, the seat hes ordeined and decernit the said James Steill. James to have twa schillingis off every person, man or woman, 1 Sic, 428 REGISTER OF [quha] 1 sal happin to be impresoned in tyme cuming, or they be relevit of preson. Williamson, Johneson. Die xxvij 0 Novembris, 1577. The quhilk day, Jonet Johneson confessit hir to be witht childe to William Williamson, quha being callit granted the sam ; and Jonat Johneson confessit that sche [is] 1 clethit witht ane husband, quha is passit to Flanderis as scho allegit to the wearis, callit Johne Spynk. Dauidsone, Downye. Lermontht, Strang. Die Mereuril, xxv t0 Decemb?is, 1577. The quhilk day, Thomas Dauidson and Mariorj Downy con- fessit thame in fornication to have had carnal deal, and the said Mariorj to be witht childe to the said Thomas. The said day Beterage Strang confessis hir to be witht childe to James Lermontht of Balcolmy yownger. Die Mercurii, decimo nemo Februarii, anno Domini 1577. The quhilk day, the seat hes ordeined and decernit that, at For preaching. ^ e minister nixt hame cuming, ordour be takin quhow the kirk sal not be defraudit for inlaik of teaching in tyme cuming, nethir in his presence nor absence. The said day, the seat ordenis ane supplication to be direct to Provest bailies and counsal of this citie, for reparation of the kirk, and taking of compt of the kirk geir, that the sam may be bestowit as efFeris. Nota. For reparatioun of the kirk. Williamsoun, Johnesoun. Nota. Die Mercurii, quarto Mail, anno Domini j m v c lxxviij°- The quhilk day, William Williamsoun is decernit be the seat to mak his repentence as ane fornicator, becaus he maid faitht in presence of the seat that he nevir knew to this howre that Jonet Johnesoun, quhom witht he had carnal deal, was spowsit or wedded witht ony person. William Stevinson baxter cautionar for William Williamson to fulfil the heal injunc- tiounis of the kirk, and the said William to releve his cautionar. 1 Omitted. ST. ANDREWS KIRK SESSION. 429 The quhilk day, Henry Fairfull, in presence of the seat, con- Confessio fessit that he cam cautioun to Thomas Walwod balye, to entir Fsurfu11- Thomas Dauidson alias Thomas Rawffye this day befoir the seat undir paine of xl s. Die Mereurii, undecimo mensis Junii, anno Domini millesimo quingentesimo septuagesimo octavo. The quhilk day, Thomas Plaifeir is becum souertye for Johne Nota - • rr m i • Robertso Robertsoun and Christen Zwil, that they sal absten in tyme Zwiii. cuming fra carnel copulation, and to be obedient to fulfil al Nota ' nm the injunctionis of the kirk ; and the said Christen to begyn hir public [repentence] 1 upon Sunday nixt cuminfg], and Johne Robertson at his hame 2 cuming, undir paine of xl lift. : and at the beginning of Christen repentence, the bairn begottin betwix them to be resavit to baptisme. Die Mereurii, ocxv to Jwiii, anno etc. septuagesimo octavo. The quhilk day, the seat hes ordeined Margaret Clapen to Nota. rays the Bischoppis letteres to somound [bla?ik] Auchtmowty, Auchmowtye. hir husband, to present the bairn begottin betwix them to bap- tisme, witht al diligence, and to bryng the saidis letteres indorsat. Die Mereurii^ nono Julii, 1578. The quhilk day, Jonet Hagy confessit that William Geddy, Confessio seeman, in winter last was eftir supper in William brother hal, Hagye - he and his wyffe being furtht of the hows, lay witht hir and had carnal deal witht hir. The said day, Catharine Kelly confessis hir to have had Confessio carnal deal [witht] 1 Johne Lowrye at twa syndry tymis ; and Kelly ' Lowr y e - Johne Lowyr confessis the sam. The said day, Henry Scot alias Kilmoun grantis and confessis Scot alias hym to have maid, and be the tenour heirof in presence of the Methwen' seat makkis, promis of mariage to Agnes MefFen, be deliver- ance of his hand to the said Agnes ; and to solempnizat the 1 Omitted. 2 Heal in MS. 430 REGISTER OF band and promis of mareage maid be hym to hir in face and visage of the kirk, opinlye, withtin yeir and day, or soner as sal pleas the kirk, quhen he sal be requirit thairto ; and to mak his repentance at the sycht of the kirk according to the ordour quhenevir he salbe requirit thairto, undir al hiest paine and chairge that eftir may fallow : and heirfor the seat ordenis the bairn, last begottin and borne betuix the saidis Henry and Agnes, 1 to be resavit to baptisme upon Sunday nixt to cum. Adam, M c knair, fornicatoris. Die Mercurii, decimo sexto JuUi, 1578. The quhilk day, Jonat Adam confessis hir to be witht childe begottin in fornication betwix hir and Donald M c knair, servand to Maister Dauid Carmichel, and offeris hir to mak hir repent- ance according to the injunctiounis of the kirk. Oliphant. xxj dies. Dalgles, Browne, fornicatores. Brown, Read, fornicatoris. Stevinson, Mykeson, Cwnynghame. Die Mercurii, penult imo Julii, 1578. The quhilk day, Margaret Oliphant is decernit be the seat to bryng ane sufficient testimonial of the minister of Abirdaigy, that the bairn alledgit that sche lies unbaptizat was baptizat, this day thre oulkis. The said day, Margaret Browne confessit hir to be witht childe to Dauid Dalgles, sone of umquhill Thomas Dalgles. Item, Beaty Browne verifiit the bairnis father that sche de- syris to be baptizat is callit Thomas Read, sumtyme servand to the Laird of Kinkel and now past to Camdy, and is content to mak hir repentance ; and thairfoir the seat ordenis the bairn to be baptizat on Sunday nixt to cum. The said day, Catharine Stevinsoun grantis hyir to have ane woman childe of twa yeris auld, gottin betwix hir and Stevin Mikeson, yit unbaptizat ; and siclik, ane uthir woman childe of nyne oulkis aid, begottin betwix hir and Alane Cwnynghame. Robertson, Suthirland, fornicatores. Die Mercurii, decimo tertio Angusti, 1578, in presentia mmistri seniorum et diaconorum civitatis Sanctiandree. Agnes Robertson confessis hir witht childe to Donald Suthir- land, servitour to my Lord Bischop of Cai times. 2 1 Henry and Henry in MS. 2 Supra, p. 232, n. ST. ANDREWS KIRK SESSION. 431 The said day, Jonet Ryngane was decernit to bryng ane suf- Ringane, fieient testimonial that the bairn gottin betwix hir and Dauid ^/^ es " Schewes was baptizat. And now, upon the thrid day of Sep- tember 1578, was producit ane testimonial of Petir Ramsay, minister of Dairsy, of the baptizing of the bairne. 1 The said day, comperit Robert Awchmowty, spous to Mar- Nota - garet Clapen, being askit gyf the bairn borne be the said Mar- ciapen. garet was his lawful sone, confessit the sam ; and had na caus to lay to the said Margaret, and sayis that his and hir stub- burnes was caus that the bairne was unbaptizat. And the said Robert offered to present his bairn to be baptizat, swa the said Margaret wil adheir to hym ; and swa the matir continuat quhill Michaelmes nixt to cum, undir hoip of ful reconcilia- tion. J. B. Die Mercurii, decimo quinto Octobris, anno Domini j m v c lxxviij°- The quhilk day being appointed to al personis to compeir, Note to alledge ony thyng aganis the personis nominat to be eldaris • and diaconis, being thriis callit na person comperit to object. Eldaris and deaconis electit the penult day of October 1578. Eldaris. Maister James Vilkie, Rector of the Universitie of St Androis Maister James Mairtyne, Provest off the Auld College Maister Johne Robertsoun, ane of the principall maesteris off the New College Maister Thomas Balfour Maister Martein Geddye Maister Villiam Cok Villiam Ferrye Maister Dauid Meldroum, Johne Mutto baillie James Robertsoun Dauid Balfour, baillie Maister Johne Bonkle. 1 Under this entry there is a special heading : ' Die Mercurii tertio Septembris 1578' ; but the minute concerning Auchmowty and Clapen is begun above that heading, extends below it, and even under the heading of 15th October. 432 REGISTER OF Diaconis. George Blak Johne Scot Charlis Vatsoun, wretar James Scheues Alexander Smith Alexander Millar Andro Vatsoun Johne Levingstoun Thomas Laing Yalter Kynninmounth. Ratificatioun of The quhilk day, minister eldaris and diaconis ratifiit and l tife sSs?oifn! ° f apprevit the heal statutis and ordinances of this session, maid upon the fyfte day of November, yeir of God j m v c lxxij yeris. Wedinsday, the xij day of November, 1578. 2 Decreit of the session aganis Johne Smytht. Dccretum sessionis contra William Moreis. Kengzow, Schewas, fornicatores. Wedinsday, the xix of November, 1578. The quhilk day, Johne Smytht being dilatit to the assemblye for abusing of hym self, and resaving in his hows playaris at cairtis and dyce nycht and day, and haldaris of drunkattis in his hows nycht and day. The said Johne is decernit be the seat that gyf evir he beis fund in tyme cuming, to abuse hym in tyme cuming, [he] 3 sal mak his public repentence upon the penitent stuill, and to pay to the pure at the will of the seat. 4 The said day, William Moreis wrycht beyng dilated to the seat as ane commoun player at cairtis and dyce, the said William decernit as Johne Smytht immediatlye abone writting. The said day Male Kengzow confessis hir to be witht childe to William Schewes merchand. 1 Statuis in ICS. 2 There is no entry under this date. 3 Omitted. 4 John Smyth was perhaps too thoroughly wedded to cards and dice to be so easily persuaded to discard them, for in 1598 the deacon and council of the Hammermen dealt with a John Smyth, their officer, for neglecting his duties 'and abusing of his awin persone in playing at cards and dys.' It was decerned, that ' if evir he beis fund disobedient to the craft or playing at cards and dys, or uther extraordinar games at ony tyme heirefter, that the said John sal incur the cen- suris of the kirk, and to pay to the craft x li., or els deprivit of his fredome and libirtie of the craft : to the quhilk the said John willingle consents \\Bouk of the Hammermen of Sanctandrous). ST. ANDREWS KIRK SESSION. 433 Wedinsday, the xxvj day of November, 1578. The quhilk day, the seat hes appointed, the xvij day of a ota. December nixt to cum, Margaret Clapen to bryng hir freindis £owty,' to consult upon the baptizing of the man childe, gottin betwix Deccmbris. hir and 1 Robert Auchtmowty hir spous ; and lykewys the said Robert to gyf his ansueir wyth avis of his freindis. Wedinsday, the xvij of December, 1578. The quhilk day, comperit Margaret Clapen accumpaniit wyth Nota. certane of hir freindis, to the effec expremit in the act abone Ai^hmowtye. immediatlye writtin. The session, becaus of non comperence of Robert Auchmowtye, quhom they knaw not to have bein advertesed, appointis, the last day of December instant, the said Margaret to compeir to the effect foirsaid, and also the said Robert, and hym to be advertesed to that effect be my Lord of Sanctandrois, Bischop and Superintendent. Die ultimo mensis Decembi'is, anno Domini j m v c lxxvnj°- The said day, my Lord of Sanctandrois hes direct ane Nota. somoundis aganis Robert Auchtmowty e, conform to the desyre clapen^ ty& of the formar act, to compeir the vij day of Januar ; witht inti- mation, gyf he comperit not, he wald caus the bairne gottin betwix hym and Margaret Clapen to be baptizat. Die Mercurii, septimo Januarii, anno Domini j m v c lxxviij tc - The quhilk day, the somoundis of the Bischop of Sanct- Nota - an[dros] being producit, execut and indorsat, chergeing Robert Clapen. 0 Auchmowtye spous to Margaret Clapen to compeir peremp- tourlye befoir hym and the session, to present his bairn, gottin betwix hym and the said Margaret in matrimonye as the said Robert confessit, as the said somoundis, of the dait the secound of Januar 1578, at mair lyntht proportis, witht intimation he wald caus the said bairn to be baptizat, and to proceid aganis 1 And and in MS. 2e 434 REGISTER OF hvm as ane contempnar of the ordinances of the kirk : the said Robert, being laufully somound, oft-tymis callit and nocht coniperand the Bischop of Sanctandros, witht avis of the session, decernit the bairn to be baptizat. And the said Margaret, as 1 ane member of this congregation, submittis hir to the said kirk and discipline thairof in al tvme cuming, of hir awn propir confession. Die Mercurii, quarto Februarii, 1578. The quhilk day, anent the exceptioun alledgit be Elizabetht M°ke aganis Thomas Read, allegeand hir be compulsioun of hir fathir to have maid promis of mareage witht Thomas Read, and thairfoir that sche aucht not to proceid in mareage witht the said Thomas ; becaus the said Elizabetht failveit in proba- tion of hir saidis allegeance, the seat ordenis and decernis the said Elizabetht to proceid to mareage witht the said Thomas, undrr sic pains as the kirk may lay to hir chairge. The quhilk day, James Arthour and Jonet Seitoun being dilatat to the seat as fornicatoris, and the said James being demandit, gyf thair be ony promis of mareage betwix hvm and the said Jonet, 2 James denvis the sam. The seat assignat this day aucht dayis to the said James, to compeir to gvf his aitht gyf he had carnal copulation witht the said Jonat or not; and, gyf he confessed, gyf he wald submit hvm to discipline or not ; witht certification, gyf he comperis not to gyf his aitht and to mak his purgation, the feal to be haldin as confessed. Die Mercurii, undecbno Februarii, 1578. The seat continuat geving of James Arthour aitht upon the thingis expremit in the act immediatlye preceding to this day aucht dayis, an he warnit apud acta to the said effect. Die Mercurii, decimo octavo Februarii, anno Domini 1578. The quhilk day, Alexander Myllar, cultellar, in presence of Dauid Balfour bailye and the seat, is becum cautionar 1 Is as in MS. : has originally run is becum. 2 James in MS. ST. ANDREWS KIRK SESSION. 435 that Dauid Grevff sal marye Margaret Kellve, dochtir to Johne Kelly flesehear, withtin five oulkis nixt to cum, undir paine of xx lib.; and the said Johne to releve the said Alex- ander undir paine foirsaid. The said day, in the terme assignat to James Arthour to Aithour, compeir befoir the seat to gyf his aitht and mak his purga- tioun, gvf he had carnal deal witht Jonat Seetoun or no, and gvf lie comperit not to be haldin pro confesso that he had carnal copulatioun witht hir, and thairfoir to be decernit to mak his repentence opinlv, according to the ordour ; the seat, in respect that the said James comperit not to gyf his aitht, hes haldin the said deid pro confesso, and thairfoir decernis the saidis James and Jonet to mak thair repentence opinlve accord- ing to the ordour. Die xviy° Marti i, 1578. The quhilk day, Christen Ytein confessis hir to be witht Ramsay, childe to Johne Ramsay, sone to James Ramsay tailyeor, undir ^ tein * promis of mareage ; and thairfoir [the seat] 1 ordenis the saidis Johne and Christiane to be war nit as efferis. The said day, Jonet Gifferd, dochtir to umquhill William Moreson, GyfFerd, grantis hir to have had carnal deal witht [blank] G >' fferd - Moreson, tailyeor to my Lady Maisteris Forbes, undir promis of mareage, and they be baitht to be warnit to this day aucht dayis. Die xjcv i0 Martii, 1579. The quhilk day, the seat ordenis Christiane Stewart, sister Stewart, to William Sinclair wyffe, to be callit to compeir this day aucht dayis, to ansueir to accusatioun to be laid to hir con- cerning hir being witht childe. Item, the seat appointis dilatioun to be takin up befoir the communioun nixt to be celebrat upon Law Sunday njxt to cum, to the xxyj day of Aprile nixt to cum. Mr. Robert Hammil- toun minister, Dauid Balfour baillie, Johne Motto, George Blak. 1 Omitted. 436 REGISTER OF Die Mercubrii, ocanj^ 0 - Aprilis, 1579. The quhilk day, William Schewes confessis hym to have had carnal conversatioun witht Male Kengzow, and yit grantis the bairne that sche is laetly deliverit of not to be his becaus sche lies passit ower the tyme, xx dayis ower the tyme, and thairfoir desyris the said Male to gyf hir aitht gyf the bairne be his or not. Die Mercurii, .ri'ij 0 Maii, 1579. The quhilk day, the seat hes ordeind and desyrit that the to be vesyit"] WU nea l town quartarlye be vesyit be sum of the bailies and sum of the sessioun, to the effect they that ar not mareit may be knawin, and gyf ony bairnis be unbaptizat, and for tryal of ony notable crymis. The first quartar, fra the parroche kirk [eastward] 1 on baitht the sydis of the gait : Mr. Thomas Balfour elder, and Dauid Balfour bailie, Andro Watson, writar. The secound quartar, the rest of the Sowtht Gaet and Ergyle : Bailie Alexander Winchestir, James Robertson, William Ferry Dene-of-Gild. The thrid quartar, the heal Merkkat Gaet : Mr. Dauid Meldrum balle, Mr. Martine Geddy, Charles Watson scribe. The fourt quartar, the heal Northt Gaet and Fischear Gaet: 2 1 Omitted. 2 This division of the four quarters of the town shows that there were only three main streets in St. Andrews in those days. The first and second quarters comprehending South Street, and its continuation, Argyle ; the third, Market Street ; and the fourth, North Street and the Fisher Gate. But according to. an old tradition there were four large streets. Writing in 1728 William Douglass [ ? De Foe] says, ' The northmost of these four streets, call'd the Swallow Street, is now entirely ruinous, and not one house to be seen, though it was formerly the principal street where the chief merchants and traders resided, having in it the great hall built over piazzas, where the people of business met daily about the affairs of trade ' {Some Historical Remarks o?i the City of St. Andrews, pp. 7, 8). Bishop Pococke also refers to this fourth street {Tours in Scotland, Scot. Hist. Soc. p. 266) ; and Dr. Johnson links its loss with the gradual decay, which, he says, set in when the city lost her archiepiscopal pre- eminence (Journey to the Western Islands, 18 19, pp. 6, 7). The statement in the text, however, and the old map of the town, c. 1530, conclusively prove, at least, that such a street did not exist in Reformation times^ Schewes, Keingzow. Nota. ST. ANDREWS KIRK SESSION. 437 Bailie Johne Martyne elder, Alexander Castaris, George Blak, Johne Scot. Christen Bawdy, servand to Dauid Kynneir baxtar, grantis Bawdy and hir to be wytht childe to James Brown, servand to Alane ^ r r ^ n f ° rnl Thomson in Cowper ; and now confessis the fathir of the bairn to be Thomas Henderson, servand to Dauid Kinneir, and confessis the said Thomas to have had first carnal deal wytht hir in the West Burn Wynde, in David Kynneir barn. Die Mercurii, primo Julii, 1579. The quhilk day, James Prowd yownger is becum bund and James Prewd obligat, wytht his awin consent, to pay to George Blak col- ^" ger * lectour of the puris almis xl s., betwix this and Michaelmes nixt to cum, for certane faltis that he was dilatit for to the seat. The said day, the seat decernit and ordinat Johne Scot Nota. merchand to be somound upon Sunday nixt to cum, to resave Scot ' Mott0, the injunctiounis of the kirk for the alledgit adultery com- mittit be hym wytht Grisel Motto. Die Mercurii, octavo Julii, 1579. The quhilk day, Margaret Clapen spous to Robert Audi- Nota, nota, mowty confessit hir to be wytht childe to Johne Schewes, confessio brother germane to Patrik Schewes of Kembak, and the childe q^^ 616 to be consavit sen Peace last was, and the bairne consavit eftir the departing of the said Robert hir spous and that sche sould [send anej 1 testimonial tharof. The quhilk day, Johne Scot merchand — being callit befoir Moray, Scott, the seat be ane libellat somoundis, rasit at the instance of Jonet Murray his 2 spous aganis hym, tweching the alledgit adultery committit be hym wytht Grisel Motto, spous to William Anderson mercha[nd], in his absence — comperit per- sonlye and confessit the said cryme, lamented the sam, submit- ting hymself to the discipline of the kirk and cravis hym to be 1 These words are somewhat doubtful, being faint and indistinct. 2 Hir in MS. 438 REGISTER OF Walcar, Pater- son. admittit to the sam. Item, the said Johne, ansuering to the byl of William Andersoun, submittis hym to the discipline of the kirk and cravis the sam. The said day, Alexander Walcar confessis hym to have had carnel copulation wytht Nannis Paterson, quha is presentlve wytht childe, and referris to the said Nannes aitht gyf the childe be his or not. Johne Scott resavit to repentance. Die Mercurii, deeimo quint o mensis Julii, anno Domini 1579. The quhilk day, Johne Scott comperit befoir the sessioun upon his kneis, bewaring his adulterie, craving for Goddis saik to be admittit to repentence, and [promitting that] 1 quhat the kirk wald presentlie injone to hym, presently or in tyme cum- ing to fulfil the sam, at plesure of the kirk. The sessioun hes resavit the said Johne to repentence, and ordenis hym on Sunday nixt to cum to begyn his repentence, according to the ordour takin wvtht commoun adulteraris. Henderson, Bawdy. Scott. Mvtto, Scott. Die Mercurii, vigesimo secundo JuUi, anno Domini mUlesvmo quingentesimo septuagesimo nono. The quhilk day, Thomas Henderson grantis hym to have begottin ane childe in fornication, wyth Christen Bawdye dwelling in James Gifferd hows. The said day, fForalsmekle as Johne Scot, upon Wedinsday the xv day of Julii instant, promittit to enter on 2 Sunday last was to mak his repentence and hes failyeit thairintil, [the seat] 1 ordeneid the said Johne to be summoned upon Sunday nixt to cum, to entir to mak his repentence conform to the last act, undir paine of excommunication. The said day, Grisel Motto is ordeined to be warned to this day aucht dayis, to ansueir to sic thingis as sal be sperit at hir anent the adultery committit be hir wyth Johne Scot. Grisel Motto, Johne Scott. Die Mercurii, vigesimo nono Julii, 1579. The quhilk day, Grisel Motto, being callit and accused for Omitted. 2 Om in ms. ST. ANDREWS KIRK SESSION. 439 adultery committit be hir witht Johne Scot merchand, con- fessis that, be persuasion of the said Johne Scot, the first familiarite betvvix them was upon Thurisday eftir Michaelmes day last bypast, and [he] 1 lay wytht hir that nycht ; and his persuasioun to induce hir to commit the said cryme wytht hym was fyve yeris befoir the said Thurisday eftir Michaelmes day ; and lies continewit wytht hir sen syne as he pleasit, and cheiflye com to hir hows tyme of common prayeris usit in the kirk. And the said Grisell, confessing hir adultery and the bairne to be the said Johneis, cravit Goddis mercy and pardone ; and desyrit wytht all humilite the kirk to resave hir to repentence. The kirk appointed this day audit [dayis] 1 to gyf hir ansueir. v t0 Augusti. The said day, the seat hes ordened Margaret Clapen, this [N\ota, ?iota, day nyne oulkis, to produce ane sufficient testimonial of the Qapen, deatht of Robert Auchtmouty hir spous. Auchmowtye. The said day, Elspet Dik confessis hir to be wytht childe to Dik, Jameson. Nichol Jameson, servand to the yowng Laird of Dairsy, in for- nication ; and this is the secound bairne that sche is wytht to the said Nichol. The said day, the seat callit Johne Thomson baxtar and Thomson, William Turpy, quha hes respeit for the slawchtir of umquhill lur Py e - Dauid Symson, and desyrit them to acknauledge thare offence, and tak away the sclander, to mak thar publice repentence, according to the act of the General Assembly, quha compering desyrit this day audit dayis to gyf thar ansueir, quhilk the seat Mercurii the appointed to them. 2 v ' of August * Marcwrii, die quinto mensis August^ 1579. The quhilk day, minister eldaris and diaconis lies ordeined Nota, nota. and decernit that, in tyme cuming, nane be resavit to compleit m i n isterii. the band of matrimonye, wythtout they rehers to the redar the Lordis Prayeris, Beleve, and the Commandementis of God. The said day, William Schewes, comperand, desyrit his bairn schewes, gottin in fornication betwix hym and Male Kengzow to be Ken s* ow - baptizeid, undir caution that he sal satisfye the kirk at sic ordinance tyme as he may be lasered. 3 The seat, in respect of the anent fornica- touris to be observit in al 1 Omitted. 2 They in MS. 3 At leisure. tyme cuming. 440 REGISTER OF ordinance concerning fornicatoris and baptizing of thar bairnis establesched and practized of befoir, injunis to the said William to satisfye the majestratis according to the ordour, and thar- eftir publiklye to obey the kirk, and his bairn then to be resavit to baptisme ; and gyf the said William obeyis not this ordinance, he to be admonesed undir paine of excommuni- cation opinlye ; and the said ordour to be observit in al tyme cuming aganis sic lik. The said day, the seat hes ordeined William Turpy and Johne Thomson, upon Sunday nixt to cum, opinlye to be admonesid to mak thar repentence, for the slauchtir of umquhil Dauid Symson. Die vlgeslmo quinto Augusti, 1579. [Murray, Scot.] The quhilk day, Jonet Murray producit hir 1 bill of complent of injuris and sklandir againis Joline Scot sumtym hir spous ; and efter the same being red, and denyit be the said Johne, the sessioun admitted the complent to probatioun. And the said Jonet, incontinent thaireftir, producit James Bennat merchand, Margareit Maen and Jonat Balfour, witnes ; quha, being sworne and severalie examinat, deponit the haell pointtis off the clame to be of trewth. The seat assignit this day viij dayis to pronunce. [Scot, Murray.] The quhilk day, Johne Scot producit his clame of complent againis Jonet Murray. The seat ordenit this day viij dayis to him to preiff the same. Die Mercurii, 2 secundo Septembris, 1579. [Murray, Scot.] The quhilk day, in the terme statut to pronunce in the actioun of Jonet Murray againis Joline Scot, becaus the seat is not full and compleit number, continowat the pronunciatioun of the said complen[t] to the xxiij day of September. The said day, in the terme assignit to Johne Scot to preift" his bill againis Jone[t] Murray, compeirit the said Johne and allegit that he cawsit James Steill warne Malie Kelso*, Dec ret it7)i sessionis penes Turpye et Tho??ison. His in ms. 2 Mercurei in MS. ST. ANDREWS KIRK SESSION. 441 spous to James Brog, Margareit Heriot, relict off umquhill Johne Traell, Dauid Myllis youngir, and Christiane Barcley his spous, witnes ; quhom James Steill allegit was warnit. The seat becaus the said Jonet was absent, the minister and witnes not compeirand, ordenit the parties to be warnit to this day viij dayis. Die Mercurii, jwiij 0 Septembris, 1579. The quhilk day, the seat, in respect off the probatioun Decretum deducit upone the clame of Jonet Murray aganis Johne Scot, Murray ' ordenis the said Johne upon Sounday nixt to cum, in presens off the congregatioun off this citee, to sitt down upone his kneis, confes his offence maed aganis the said Jonett, and pronunce thir wordis, haldand his awin tung in his hand, Fals 1 tung thow leid ! and confes that he knawis na thing to the said Jonet bot gud and honestie. Item, siklyk 2 the said Johne is ordenit and decernit be the Decretum seat to cum eyerie Sounday to the little kirk dure at the Scot, secund bell, thair to remane — beirfutted, baer haed, and face uncovered — to the thrid bell, and thareftir to pas to the peni- tent seat, and ascend and discend thairupone moderatlie ; and siklyk is decernit to compeir everie preatching day within the owk, in his awin appairell, and sitt undir the powpet during the tym off sermounth, and als daylie to frequent the morning and evening prayaris. The quhilk day, Thomas Huntar and Johne Scot, according Accusatio to the desyr of the seat, being accused be Mr. James Vilkie, Scot * Huntar * Mr. Johne Watsoun, and Dauid Balfour baillyee, upone that point of Jonet Murrayis clame, to wit, that quhair the said Johne Scot requeistit and desyrit the said Thomas to pas ower to Edinburgh, and thar before the commissaris affirme and say before thame that he had carnell dael with the said Jonet : quhilkis parsonnis being confronted, the said Thomas confessit that within thir vj owkkis, Johne Scot and he being gaun 3 abowt the feildis, the said Johne said to him thir wordis, Will ye pas ower to Edinburgh before the saidis commissaris, and And fals in MS. - Siblyk in MS. 3 Gang in MS. 442 REGISTER OF thar tak upone yow and afferme that ye lay with my wyff Jonet Murray and had carnall daell with hir ? Ye will do me gryt plesour ! Quhilk petition the said Thomas thinking maest vyld and ungodlie refusit the same. Quhilk accusation the said Johne on his conscience culd not deny, bot confessit the sam to be off' trewth, saying that it was in mowis 1 that he desyrit him. 2 Die decimo quarto Octobi'is, 1 579. Bel1 - The quhilk day, the sessioun ordenis Catharine Bell to be summonit upon Sonday nixt to cum, to compeir upon Wedins- day nixt to cum befoir the said sessioun, and thar confess in thair presens to quhom scho is wyth chylde ; in respect that oft and diverss tymmes scho hes bein serschit and socht wythin this citie, to the effect foirsaid and culd nocht be apprehendit. Meidrom. The quhilk day, the sessioun, in respect off the commoun and odious bruit past upon Mr. Dauid Meidrom and Catharine Bell for fornication committit be thaime, ordenis the said Mr. Dauid to compei[r] befoir the said sessioun and mak his purga- tioun off the said sclandir, befoir anye testimoniall be granted to him for mariage. Anent all forni- Item, siclyk the sessioun ordenis Catharine Pittillok to be summond opinlie, to compeir upon Wadinsday nixt to ressave hir injunctionis for fornicatioun, becaus scho hes alredye per- sonallie, and as yit contemptuouslie disobeyis ; and siclyk ordeinis all personis, delated for fornicatioun and dissobeying, to compeir the said day to the effect foirsaid. Die vigesimo quinto mensis Novembris, anno Domini millesimo quingentesimo septuagesimo nono. Maister Robert Hammilton minister. Eldaris votit electit and chosin upone the xviij day off Novem- ber 1579. Mr. James Wilkye, Rector off the Universitie off St. Androis Maister Jaimes Martine, Provest off St. Saluatour 1 Jest. 2 Hir in MS. ST. ANDREWS KIRK SESSION. 443 Mr. Jhone Robertsoun Mr. Thomas Balfor Mr. Martin e Geddye Mr. William Cok Mr. Dauid Russell, baillie Jaimes Mortoun, baillie Jhone Martine, eldar Jaimes Robertsoun Thomas Walwod Jhone Mutto Mr. Jhone Bonkle. Deaconis. George Blak Alexander Millar Alexander Smith Charlis -Watsoun, notar Jhone Levingistoun Jaimes Alane Dauid Blair Jaimes Ade. The quhilk day, minister eldaris and deaconis abone specefeit Ratificatioun affirmat ratifeit and approvit the haill stattuttis and ordi- Sounoff° ba nances off' the sessioun maid upone the fyft day off' November, ^ t b e t foi r maid the yeir oft' God jajv°lxxij yeris, 1 and swoir to observe the sam in all pointtis. The quhilk day, comperit William Watsoun and Christen jy*J oun * Craig fornicatoris, quha being accusat confessit thair fornica- Sectmdo tioun, and submitted thaime to the discipline off' the kirk, Deccmbris - according to the accustomed ordour observit. The quhilk day, Margaret Nicoll allegit hir, in presens off' Nicoii, Aldye. the sessioun, to be wyth bairne to Jhone Adye, as he confessit him selff'. The sessioun ordenit thame to compeir this dav s j- cund ° . • j» • ii -i i * i" « Decemoris. aucht dayis for triall to be takm thairanent. The quhilk day, Catharine Pittillok, in presens oft* the ^°"fa s ™ sessioun, allegit hir to be wyth bairne to Thomas Lawdeane, and yit granttis he nevir confessit the sam to anye persoun. The session ordenit hir to bring testificatioun to thaime be the meid-wvffe that the bairne is the said Lawtheanis. Die secnndo mensis Decembris, anno Domini millesimo quingentesimo septuagesimo nono. The quhilk day, the sessioun, in respect oft' Jhone Scottis Ordinance absence thir diverss Sondayis from penitence contrar the desvre scot 1 " 8 " con- one 1 Frequently the ;// for millesimo is written extremely like a/', but this clerk removes all dubiety by putting a dot over the j. 444 REGISTER OF off the injunctionis imput to him, thairfoir lies thocht it ex- pedient that 1 the said Jhone be advertissit wyth all diligence quhairevir he bies apprehendit, that he compeir befoir the sessioun and fulfill the decreit pronuneit and prescrivit to him, or ellis to allege ane ressonable caus quhye he suld nocht do the sam ; wyth certificatioun and 2 he compeir nocht at the day appointed, the sessioun will proceid conforme to the ordour. Meidrum, Bell. The quhilk day, Mr. Dauid Meldrom, being in presens off the assemblie and desyrit, according to the desyre off the act maid upone the xiiij day off October last bipast, to mak his purgatioun off the sclander past upon him and Catharine Bell, ansuerit he belevit he wes innocent off the sclander : and being desyrit to giff 3 his grit aith thairupon, answerit, he was na wayis haldin to giff 3 his aith, becaus the sam redounded to his awin turpitude and infamie. And the session assignit this xxijdo. Decern- day xx** dayis, to wit, the xxij day off December instant, to avise upon his purgatioun. Die none mensis Decembris, anno Domini millcsimo guingentesimo septuagesimo nono. Methwne, Andersoun Methwne. M.5 Decretum contra Aldye Nicoll. Decretum contra Mutto. The quhilk day, comperit Jsobell Methwne, and Henrye Andersoun hir spous for his interes, and producit [hir] 4 claime aganis Margaret Methtwn hir sister. The sessioun, in respect off hir non comperance, assignit this day \ iij dayis to the said defender, to compeir personallie to heir probatioun led. The quhilk day, Jhone Aldye and Margaret Nicoll ar decernit be the sessioun to enter in prisoun upon Setterday nixt. thairio to remaine viij dayis nixt thaireftir, and to mak thair publict repentance according to the accustomit ordour observit. The quhilk day, Grisell Mutto is decernit be the sessioun to enter, upon Sonday nixt, upone the penitent stule, cled in the This com to na gown maid for adultereris, wyth certificatioun contenit in the ictis preceding in this actioun. effect. 1 That that in MS. - If. 4 Altered and blotted, perhaps thair. 5 M is probably used by this clerk as equivalent to rij. 3 Iff in ms. See p. 294, n. ST. ANDREWS KIRK SESSION. 445 Die decimo sexto mensis Decembris, 1579. The quhilk day, in the term assignit to Henrye Andersoun Andersoun, and his spous to preiff thair claime and bill aganis Margaret Methwne, the parties comperand, the saidis persewaris producit Bessve Walwod, spous to Jaimes Smith, Robert Wylie, tailyeor, Jhone Millar and Jonet Gorlay, witnessis, s\\ r orne and examinat, oathing aganis thaime opponit. The session ordenit the per- sewar to do forder diligence for the witnessis accaipit, to this day 1 viij dayis. Die aoiy° Januarii, 1579. The quhilk day, Maister Dauid Meldrum is decernit be the Meldrum, voetis of the sessioun to compeir this day aucht dayis, to gyf Bel1, ^ his aitht upon his purgatioun of the fornicatioun, allegit com- mittit be hym wytht Catharine Bell. Die vigesimo mensis Janucvrii, 1579. The quhilk day, in the terme appointed be the sessio[n] to N ota. Mr. Dauid Meldrom to compeir, to gift* his aith upon his Meidrom, &c. purgation off the fornication allegit committed be him with Catharine Bell sumtyme his servand, comperit the said Mr. Dauid, and, being sworne be his 2 grite aithe, deponit, as he wald answer in the presens off almichtie God upon the day off juge- ment, he nevir had carnall copulatioun nor daill with the said Cathari[ne]. The quhilk day Jsobell Hardye 3 Die vigesimo octavo mensis Januari% 1579. The quhilk day, the sessioun hes ordenit Margaret Clapen Clapen, Audit- to report ane faithfull testimoniall off the deces off Jhone mocnU)e Auchtmowtye hir husband, betwix this and Pasche day nixt Nota - Clapen. to cum. 1 This day this day in MS. 2 His his in MS. 3 This entry, which here stops so abruptly at the foot of a page, is probably that which is entered in full at the bottom of the next page of the Register. 446 REGISTER OF Die terUo mensis Februari% anno Domini 1579. Confessio Crawfuird. Confessio Hendersoun. Confessio Scherpe, Zoung. Decimo Februarii 1579. Confessio Pittillok. The quhilk day, comperit Mariorye [Sibbald — erased] Craw- fuird, and confessit and granted hir to be wyth chylde to Alaster Robertsoun, servand to my Ladye Leuenox. Tlie quhilk day Mariorye Hendersoun confessit and granted hir to be wyth chylde to Jaimes Cambell hiland-man. The quhilk day Elizabeth Zoung confessit and granted hir to be wyth chylde to Jhone Scharpe. The said Jhone present in assemblie confessit he had daill wyth hir, and nocht the les allegit the bairne wes Dauid Thomsonis, quha had carnall daill wyth hir, thre or foure dayis befoir the tyme that lie lay wyth hir in the myln. The session ordenit the said Jhone Scharpe to compeir, to declair in his conscience at quhat tyme he had to do wyth the said Elizabeth Zoung. The quhilk day, Margaret Brown, maid-wyffie in Strawethie, and Agnes Fuird, being appointed be the session to comper this day to report the confessioun off Catharine Pittillok the tyme off hir birth, quha being sworne deponit the said Catharine confessit the bairne wes Thomas Lawthean. And now the said Catharine, sworne be hir grite aith, deponit the bairne is Thomas Lawtheane. The session ordenit hir to enter in preson upone Setterday nixt, conforme to the ordor. Die decimo mensis Februarii^ 1579. Andersoun, The quhilk day, Jsobell Hardye, being accusat for fornica- tioun committit be hir wyth Jhone Andersoun littistar, 1 con- fessit the sam committed be hir baith in the hows scho payis maill for, and in the said Jhonis awin hows. The sessioun xvij° Febmarii. ordenit the said Jhone to depone upone the premissis this day viij dayis, on his aith alreddye gevin. Die decimo septimo mensis Februarn^ 1579. Confessio The quhilk day, comperit Dauid Thomsoun baxter and con- Thomsoun. fesgit and grantea - that 2 he had carnall daill wyth Effie Zoung, 1 A dyer. 2 Hat in MS. ST. ANDREWS KIRK SESSION. and the first tyme thairoff xiiij dayis befoir Witsunday, and the last tyme in tyme off Zwill last wes. The quhilk day, comperit Agnes Orok and confessit and Confess™ granted the bairne borne off hir wes begottin be Mr. Murdo Murchesoun, student in St Leonardis, and that the bairne wes gottin and engenderit at Mid Lentron last wes. Die vigesimo quarto memis Februarii, 1579. The quhilk day, comperit Jaimes Fuird in Craill and con- Confcssio fessit and granted he had begottin ane woman bairne wyth wentoun. Margaret Wentoun, lykas the said Margaret confessit hir selff. Die nono rnensis Martii, 1579. The quhilk day, comperit Jonett Hagye and confessit and Confess™ granted fornicatioun comittit be hir wyth Alane Hendersoun, Hagye - and that scho wes wyth bairne [unto] 1 the said Alane. Die vigesimo mcusis Aprilis, anno etc. octuagesimo. The quhilk day, comperit Jonett Gordoun and confessit and Confessio granted hir to be wyth chylde to Jhone Kirk, servitor to the Kirk. Superentenden[t] ; lyk as the said Jhone present confessit and granted him selff. And now the said Jhone confessit that he promittit faithfullie to the said Jonett, that quhow sone it suld happin hir to be wyth bairne, that he suld accomplische the band off matrimonye betuix thaime. The quhilk day comperit Bessye Gorlay and confessit and Confessio granted hir to have boirne ane bairne to Jhone Vrquhat. ^Nota^ The quhilk day, comperit Mawse Balcanquell and confessit Confessio and granted hir to be wyth chylde to Duncane Kenloquhye ; B^ca^queU 6 .' lykas the said Duncane confessit him selff. And als the said Duncane confessit him to haiff had daill wyth Christen Tor- beane, quha is presentlie wyth bairne to him, in lyk maner. The quhilk day, Jaimes Lerman being acusat be the sessioun Lerman. for streking and misusing off his wyffe, and schuitting hir to M * 1 Deleted. 448 REGISTER OF the yeat ; comperit the said Jaimes and denyit the said accusa- tioun. The sessioun assignis this day viij dayis to pruiff*. Die quarto mensis Mali, anno Domini millesimo quingentesimo octuagesimo. Sessio Zw\\\. The quhilk day, the session ordenit and decernit Cristen N 0t d\ Zwill to be warnit to compeir this day viij dayis, to wit, the xj day oft* Maii instant, to heir injunnctionis gevin to hir for adul- terie committed be hir wy th Jhone Robertsoun mariner ; wy th certificatioun, and scho compeir nocht, the sessioun will proceid in excommunicatioun aganis hir. [Moncur.] The quhilk day, the sessioun, in respect Margaret Moncur being warnit and attachit to this day be Jaimes Steill officiar, to compeir befoir the sessioun to answer to sic thingis as they have to lay to hir chairge, and in respect off hir disobedience, ordenit and decernit hir to be remittit to the secular magistrat, for ordor to be takin wyth hir for hir inobedience foirsaid. Die undecimo mensis Maii, anno Domini j m v c octuagesimo. Sessio Zwill. The quhilk day, the sessioun ordenit Christen Zwill to be pv^z^Zowll. 1 warn it to this day aucht dayis, to wit, the xviij day off Maii instant, to heir injunnctionis gevin to hir for adulterie commit- tit be hir wyth Jhone Robertsoun mariner ; wyth certificatioun, and scho compeir nocht, the sessioun will proceid in excommuni- catioun aganis hir. 2 Die primo mensis Junii, anno Domini millesimo quingentesimo octuagesimo. Moncur. 3 The quhilk day, Agnes Robertsoun, servand to Margaret Moncur, witnes, being demandit gift' evir scho hard the said Moncur say thir wordis, eftir that scho wes demandit be Alex- 1 The words Zowl and Nota have been added in another hand, and on the outer side of the margin. 2 Fully half a page is left blank after this entry. 3 Mocur has been afterwards written outside of this. ST. ANDREWS KIRK SESSION. 449 ander Lundye hir husband, quha wes aucht the bairne scho wes wyth, answerit, it wes Dauid Watsonis, and in telling tharoff grat verye sair ; and this the said Agnes deponis the said Mar- garet sayid thir sam wordfis]. Ultimo Augusti, 1580. The quhilk day, comperit Agnes Angous and confessi["tl and Confessio , ■] I • ■ -i X i ■ ' . Tl x> a Angous, Buge. granted hir to be wyth bairne to J hone Buge younger, and submitted hir to the discipline off the kirk. Die decimo mensis Augusti, 1580. The quhilk day, comperit Beteraige Bredfute and confessit Nota. and granted scho wes delyverit 1 off ane maidin bairne to Jaimes f u te, Wemeis. Wemis, sone to Jaimes Wemis off Cask-barrine. 2 Die ultimo Augusti, 1580. The quhilk day, comperit Agnes Angous and confessit and Confessio granted hir to be wyth chylde to Jhone Buge younger, and Angous " submitted 3 hir to the discipline off the kirk ; and siclyk con- fessit this to be the thrid tyme scho committed fornication. Die septimo mensis Septembris, 1580. The quhilk day, Margaret Clapen is ordenit, conforme to the Clapen. desyre off the act maid upone the xxviij day off Januar last ciapim* ° f bipast, to present to the session off this citie ane testimonial! off the departure oft' Jhone Auchtmowtye hir husband, upone Wadnisday nixt to cum, as scho was appointed upone the said xiii?° Septem- xxviij off Januar to present the said testimoniall betwix that bris ' [and] 4 Pasche day nixt tharefter ; wyth certification, and scho 1 Delyver in MS. 2 James Wemyss, ancestor of the family of Wemyss of Caskieberran, was one of the three sons of David of Wemyss of that Ilk. James married Janet Durie, Lady of Carden, who died in 1578, and by whom he had eight sons and three daughters, the eldest being James (Sir William Fraser's Memorials of 'the Family of Wemyss, i. 298, 299). 3 Smitted in MS. 4 Omitted. 2 F 450 REGISTER OF failyie heirintill, the kirk will proceid aganis hir conforme to the ordor observit in the lyk caice. Die decimo quarto mensis Septembris,jajv c octuages'imo. Confessio Andersoun Sessio, Nota. xx mo Septembris, The quhilk day, comperit Jhone Andersoun littistar and confessit and granted that he had carnall copolatioun wyth Jsobell Hardye, and that the bairne scho wes wyth wes his, and tharfoir submitted him to the discipline off the kirk. 1 Angous. The quhilk day, Jhone Buge younger being attachit to this day to compeir befoir the assemblie, quha comperand, and being accusat for fornication committed be him wyth Agnes Angous, denyit that he evir had carnall daill wyth hir. The session ordenit him to compeir this day aucht dayis, to be con- fronted wyth the said Agnes. Confessio Vrquhart Nota. Die ocxvi) 1 ' 10 Septembris, 1580. The quhilk day, comperit Jhone Vrquhart, indwellar in Aberdein, and confessit and granted him to have begottin ane 2 man chylde wyth Bessye Gourlay, and submitted him to the discipline of the kirk, and desyrit eirnestlie his bairne to be baptisit, according to the ordor observit in the lyk caice. And becaus he is schortlie, God willing, to depart to his guid voyage, for satisfaction off the kirk he offeris Andro Moreis cowtion and souertie. Decretum contra The quhilk day, Mr. Robert Hammiltoun minister and N^ota'nota George Bl?«,k exorter exponit and declarit to the session that nota? Jaimes Millar, servitor 4 to Dauid Orme, confessit and granted him to have begottin ane bairne wyth Catharine Bell, desyring thaime for Goddis caus to ressaiff his bairne to baptisme, and siclyk granted the sam be ane bill producit this day befoir the said session desyring his bairne to be baptisit. The session in respect it is theirbe understand to thaime that this is the thrid tyme that he lies committed fornication, they remit him to the 1 Kir in MS. 2 Ane ane in MS. 3 The triple nota has been added afterwards, as many of the marginal words are in this part of the Register, and are inserted between contra and Millar. 4 Servit in MS. ST. ANDREWS KIRK SESSION. 451 secular juge, and to be punischit be thaime according to Act off Parliament. 1 The quhilk day, conrperit Jsobell Duncane and confessit and ^ ota - . l J 7 ± , • Lonjessio granted hir to be wyth chylde to Wyliam Zwill mariner, and Duncane. submitted hir to the discipline off the kirk. Die secundo Novembris, 1580. The quhilk day comperit Elene Wemis and confessit hir to Nota. be wyth chylde to the Laird off Giblistoun eldar. Wemis!* Item, comperit Walter Zounger and confessit and granted that he had committit fornication wyth Margaret Killoch, and Nota, nota. submitted him to the correction and discipline of the kirk. The quhilk day, anent the claime off sclander and infamie Decretum contra . .... Kynneir. gevin in be Alison Brown, spous to Nicoll Cwik, agams Nota, nocht Catharine Kynnier, the session, be sufficient try all taikin be execut - thaime thairupon, findis the said Catharine to have havilie sclanderit and diffamit the said Alisoun ; and thairfoir ordenis and decernis hir to sit down upone hir knyis, confes hir offence, and pay instantlie x s. to the puir ; and giff evir scho be fund in tym cuming to injure the said Alisoun, to pay x merkis to [be] 2 emplofyed] to the commoun wark off this citie. 1 In 1567, Parliament ordained that those convicted of fornication should, for the first fault, as well the man as the woman, pay ^40, or be imprisoned for eight days, ' thair fude to be breid, and small drink,' and afterwards be pre- sented to the market-place of the town or parish bare-headed, there to stand fastened that they may not remove for two hours. For the second fault the penalty was one hundred merks, or the term of imprisonment to be doubled, 'thair fude to be breid and watter allanerlie,' ' to be presentit to the said mercat place, and baith the heidis of the man and the woman to be schavin.' For the third fault the penalty was £100, or the imprisonment tripled, their food to be bread and water, ' and in the end, to be taine to the deipest and foulest pule, or watter of the towne, or parochin, thair to be thryse dowkit, and thairefter baneist the said towne or parochin for ever. ' In all future convictions the third penalty was to be re-inflicted. Those who preferred the ' pecuniall panis ' were to be allowed the privilege of escaping from the humiliating penalties, but the latter were to be executed on all who were unable or unwilling to pay, and the money thus obtained was to be used for pious purposes in the places where the crime was committed {Acts of the Parliaments of Scotland, iii. 25, 26). 2 Omitted. REGISTER OF Die xiiij t0 mensis Decembris, 1580. The quhilk day, the session lies ordenit and decernit, for diverss honest and guid respectis, that, in all tym cuming, the preching upone the Sonday efternune to begyn at twa howris efter nune, and swa furth to continow. Item, siclyk that it salbe lesum to marie in all tym cuming upone Wadnisday, swa that the three severall Sondavis befoir the personis to be mariit thair bandis be proclamit. Nota. Mariage upone Wadnisday. Nota. Confessio Ade. Confessio Brog. Nota. Die xxj mo mensis Decembris, 1580. The quhilk day, the session lies ordenit and decernit Stevin Ade maissoun to report ane testimoniall fra the Laird off Dwn, that he lies communieat wyth the Christiane congregation thre yeris bipast, and to present the sam wyth all diligence, and to find caution to that effect. The quhilk day comperit Bessye Brog and granted and confessit hir to be wyth chylde to Dauid Stevin baxter. Confessio Stevin. Nota. Die xxvijj v0 Decembris, 1580. The quhilk day, Dauid Stevin baxter confessit and granted him to have committit fornication wyth Bessye Brog, and the bairne scho is wyth to be his awin. Nota. Anent the com- plent off the buriall, &c. Die vigesimo nono mensis Martii, anno Domini millesimo quingentesimo octuagesimo primo. The quhilk day, anent the complent offerit to the sessioun be Mr. Thomas Buchannan, Commissionar off Fyffe, concerning the buriall off certen personis maid off 1 lait wythin the parroche kirk off this citie, contrar to ane certen act and ordinance maid in the Generall Assemblie, 1 the session, in respect the said com- 1 The General Assembly, in 1576, declared that burials should not be in the kirks, 1 and that the contraveiners be suspendit fra the benefites of the Kirk, quhill they make publick repentance ' {Booke of the Universall Kirk, i. 378). In 1560 the Reformers had expressed a decided opinion on this point, believing burial in churches to be unseemly, and, evidently on sanitary grounds, desiring that a convenient place, 'lying in the most free air,' be appointed for that use ST. ANDREWS KIRK SESSION. 453 plent is necessar to be intreatit befoir the Provest and counsell off this citie, hes continowit all forder proceding heirintill, quhill this day xv dayis, to the effect foirsaid. Die septimo mensls Junii, anno Domini millesimo quingentesimo octuagesimo primo. The quhilk day, the session hes ordenit and decernit the Concerning the clerk off everye quarter off this citie to pas throwch ilk quarter, haiii inhabi- and 1 thair to enroll the haill naimes off evir ilk howshald, and ^eto° ff ^ speciall off theis quhilk salbe off perfect aige, chairging thame examination, to compeir wythin the communion ile off this parroche kirk off this citie, and thair to be answerable to the said session to sic thingis as salbe proponit unto thaime, upone Tysday nixt to cum, at sevin howris in the morning ; and everye day thairefter to compeir as they salbe chargit, to sic tyme as the haill town be compleitlie tryit and examinat ; and siclyk everye ane off the said session to be present at the day they salbe chairgit to, under the paine off viij s. The quhilk day, Jonett Robertsoun confessit and granted Co?ifessio hir to be wyth chylde to Alexander Hendersoun in Hadingtoun, Nota. and submittis hir to the discipline off the kirk. 2 Die Veneris^ decimo tertio mensis Octobris, anno Domini millesimo quingentesimo octuagesimo primo. Eldaris electit and chosin. Mr. James Wilkie, Rectour of the Universite of Sanctandrois Mr. James Martine, Provest of the Auld College Mr. Jhone Robertsoun, ane of the maisteris of the New College Mr. Thomas Balfour, bailye Mr. William Cok, bailye Mr. Dauid Russell Mr. Martine Geddy Jhone Motto exclusively, and that it 'be Weill walled and fensed about ' {First Book of Dis- cipline). And the General Assembly, in December 1563, in certain regulations for country funerals, state that the dead should be buried six feet deep. 1 And and in MS. 2 The next page is blank. 454 REGISTER OF James Robertsoun Dauid Balfour William Ferry James Smyth. Up on land. Androw Wod of Straythvethy Mr. Androw Aytoun of Kynnaldy. Deaconis electit and chosin the same day. George Blak Charlis Watsoun, notar Alexander Smyth James Ade Androw Watsoun Jhone Hagy Alexander Dayis Dauid Blair. Up on land. Martine Carstrophein in Byrhillis James Calvart in Over Kenlovy Walter Kynnynmonth in Baldwny Dauid Forester in Kincapill. Die Mercurii, decimo octavo mensis Octobiis, anno Domini jm v centesimo octiiagesimo primo. Ratifkatioun of The quhilk day, eldaris and deaconis aboif specifyt affirmit maidofbefoir ra ^ifyt and apprevit the haill statutis and ordinances of the sessioun, maid upon the fyft day of November, the yeir of God j m v c lxxij yeiris, and ar all suorn and oblist to observe and keipe the same. The quhilk day, the sessioun ordanis that dew ordour be takin be thame this day audit dayis, for ane sufficient clerk to this assemblie and his stipend yeirlie. Die xocv) to mensis Octobris, anno octiiagesimo primo. Electioun of The quhilk day, the haill sessioun and seniouris, all with ane the clerk. voce, hes electit and chosin Jhone Motto and Charlis Watsoun clerkis and scribis to this assemblie and sessioun, and in thair absens Mr. Dauid Russell, quha hes all acceptit the sam[e] in and upon thame ; and the sessioun to direct thair supplicatioun to the Bischop of Sanctandrois, Provest bailyeis and counsall of the said citee, for the clerkis yeirlie stipend, and gude ordour to be takin for the samyn at the Bischopp[is] returning fra the Parliament. Wilsoun, rij. The quhilk day, Elspot Quariour, Cristane Carstaris, Petir ST. ANDREWS KIRK SESSION. 455 Eviot, Margaret Ramsay, Dauid Ade, Margaret Berclay, Jonet Dik, and Agnes Andersoun, to be warnit be the officiar to compeir befoir the sessioun this day audit dayis, to testifie quhat thai knaw twiching the fornicatioun allegit committit betuix Mr. Thomas Wiisoun and umquhill Cathrin Schankis. The quhilk day, Nicholl Hay in Kynnynmonth dalatit to the Deiatio 1 Hay, sessioun for allegit gatting of ane madin barne in fornicatioun ri] ' wyth Margret [blank] in Kynnynmonth his servand ; he ordanit to be warnit be the redar, upon Sonday nixt to cum, oppinlie in the parroche kirk, to ansuer to the sessioun this day audit dayis. The quhilk day, Cristene Turbane delatit for nevir cuming to Delation kirk nor communioun ; and also Bessy Robertsoun, mother-in- Turbane, law to Cuthbert Mores, delatit also for nevir cuming to the Da y ls > ri J- kirk nor communioun ; and siclyke the said Bessy delatit for witchcraft ; as also Begis Dayis delatit for being at discentioun and hetred wyth the said Besse Robertsoun. The sessioun ordanis thame all to be oppinlie warnit in the kirk be the redar, upon Sonday nixt to cum, to compeir on Weddinsday nixt to ansuer befoir the sessioun. Die primo mensis Novembris, anno Ixocxj 0 - The quhilk day, in the terme assignit to warne Elspot Quar- Wiisoun, iour, Cristene Carstaris, Petir Eviot, Margret Ramsay, Dauid Schankls - Ade, Margret Berclay, Jonet Dik, and Agnes Anderson, to testifie the treuth quhat thai knaw tuiching the allegit fornica- tioun committit be Mr. Thomas Wiisoun with umquhill Cath- rine Schankis, comperit Margret Ramsay, witnes, suorn ressavit and examinat, with the haill remanent witnes befoir specifyt except Agnes Anderson 2 also comperand, ressavit suorn and examinat, deponis, all with ane voce aggreand, that, thre or four dayis befoir the departure of umquhill Cathrine Schankis, thai hard hir say that hir barne suld nevir haif ane uther father bot Mr. Thomas Wiisoun, bot at the tyme of hir extremite of 1 Confessio in MS. - The words except Agnes Anderson are in the margin, and there are marks to indicate that they should be taken in here, and also after aggreand in the next line. \ 456 REGISTER OF hir seiknes deidle hard hir say na thing of him. And [the session] 1 ordanis Mr. Thomas to be warnit, and to gif his aith upon the premissis this day aucht dayis. Die octavo mensis Novembrls, anno Domini j m v c octuagesimo primo. Wilsoun, The quhilk [day], 1 being laidfullie warnit Mr. Thomas Wil- soun to gif his ayth upon the allegit fornicatioun committit betuix him and umquhill Cathrin Schankis, comperit the said Mr. Thomas, quha being suorn maid faith, and on his conscience denyit that evir he hed carnall daill wyth the said umquhill Cathrin. Adulterii, Confessio Robertsoun, rif. Brwntoun, Logy, rij. Confessio Bransche, Cok. Die clecimo quinto mensis Novembris, anno octuagesimo primo. The quhilk day, Jhone Robertsoun, mariner, being warnit to this day and accusit for haifing carnall daill with Cristene Zwill ane excommunicat person, and for nocht making publict repentance as ane adultrar, conforme to the act maid in this auditorie the xj of Junii, lxxviij yeris, comperit the said Jhone, quha confessit he hes hed carnall daill with the said Cristene sen the dait of the said act, and within this tolmonth last wes. The sessioun, in respect of his confessioun, ordanis Thomas Playfeir to be warnit to this day aucht dayis, to heir decrete pronuncit aganis him upon the sowme of xl ti. conforme to the ten our of the said act ; and ordanis Jhone Robertsoun to abstein in tyme cuming fra having carnall daill wyth the said Cristene, and to compeir on Sonday nixtt to cum, and begyn agane his repentance in sekclayth upon the penitent stuill, undir the pane of excommunication, and that publict admonition be maid to him to that effect in kirk be the redar. The quhilk day, the sait ordanis [Ci'istaneBransche — deleted] Jonet Brunton to be warnit to this day aucht dayis, for allegit fornication and cumpane with the Laird of Logeis bruther. The quhilk day, Cristane Bransche confessis sche is with barne to William Cok, sone to Mr. William Cok, bailye, and that sche hed carnall daill with him thre oulkis or thairby 1 Omitted. ST. ANDREWS KIRK SESSION. 457 befoir Witsonday last wes, in the said Mr. Williamis cros-hall, ane nycht, and ane tyme in the nakit bed, be hir awin faut cumand to his bed ; and sayis the barne wilbe borne thre oulkis eftir Zwill nixttocum or thairby. Conperit also the said William Cok, quha, being inquirit upon the treuth of the said Cristenis confessioun and if the samyn wes of treuth, denyis the samyn and that he nevir knew the said Cristane carnalie. The quhilk day, becaus Margret Clepen and Jhone Scheves Ciepen, adultraris wer warnit to this day and comperit nocht, as wes c eves ' verefyt be the official*, the sessioun ordanis thame to be warnit to this day aucht dayis agane, undir the pane of excommunica- tion and of publict admonition in the kirk. The quhilk day, being warnit Patrik Quhyte mariner and Quheit.^Spens, Jonet Spen[s] his spous for nocht adherand togidder being mariit, comperit the said Patrik and Jonet and eftir that thair caus and ressonis wer hard thai att the pl[an] consall and desire of the sessioun wer reconcelit as appirrit. The quhilk day, the sessioun ordanis Elene Wemes to be Wemes, warnit to this day aucht dayis, for to receave injunction for the ^J nme ' fornication committit be hir with the Laird of Giblatson. The quhilk day, the sessioun ordanis the act to be extractit Mwffet, out of the townis buikis quhair William Mwffeit wes actit caskebarreane. cautioun for Jame[s] Wemes of Kaskebaren younger, undir ane panel 1 &c. and the act to be deliverit to the bailyeis to be put to executioun. Die ocxij 0 mensis Novembris, anno Ixxocj 0 - The quhilk day, the sessioun ordanis Jhone Robertsoun Robertsoun, adultrar yit as of befoir to begyn his repentance, in sek claith ^efrctum upon the penitent stuill, upon Sondav nixttocum, and sa furth P1 .^yfeir. . n i n iii- Adulteru. to contmew coniorme to the ordour for the adultne com- mittit betuix him and Crestene Zwill now excommunicat ; and to abstein fra carnall copulation with hir in tymes aiming undir the pane of excommunicatioun : and also decernis Thomas Playfeir to pay the sowme of fourty lib. as cautioun for the said Jhone Robertso[un], conforme to the act maid in this sessioun thairanent the xj of Junii, lxxviij, in presens of the 1 Pledge. 458 REGISTER OF Confessio Leiche. Adulterii . Bruntoun, Wemes. rij. Confessio adulterii 1 Scheves, Clepen, rij. said Jhone Robertsoun and Thomas Playfeir baith present laid- fully warn it to this day, to the effect aboif writin. The quhilk day, Beatrix Leiche confessis hir to be with barne to Thomas Mvvir, servand to the yowng Laird of Balcomy, sche being yit mariit with Alexander Wrycht ondivorsit. The seat ordanis hir to begyn hir repentance as ane adultrice on Sonday nixttocum, and to abstein in tymes cuming fra cumpanie with Thomas, and to continew in repentance conforme to the ordour. The quhilk day, Jonet Bruntoun being warnit to this day comperit, and allegift] sche lies maid satisfactioun in the kirk of Logy for the fornication committit be hir with Normond Wemes, and that hir barne is baptezit. The sait ordanit hir to report Mr. Thomas Dowglas ministeris testimoniall thair- upon this day aucht dayis: also being accusit for haifing carnall daill with the said Normond sen hir barne wes borne, denyit the samyn, bot refusit to mak faith thairupon ; thairfor the sait ordanis hir to advys with hir conscience and to declair the samyn this day aucht dayis. The quhilk day, comperit Jhone Scheves and Margret Clepen adultraris as thai quha wer laidfully warnit to this day, quha confessit thair adultrie togiddir. The sessioun ordanis the said Jhone and Margret to abstein fra haifing carnall copula- tioun togiddir in tymes cuming, and to find cautioun to that effect ; and to mak publict repentance as adultraris quhen the sessioun sail require thame, under the pane of excommunica- tion, and that ather this day aucht dayis, or at the leist this day xv dayis at the farrest. Die Mercurii, penultimo Novembris, anno Ixxxf- Confessio The quhilk day, Jonet Brwntoun producit ane testimoniall Wemes. ' subscrivit be Mr. Thomas Dowglas minister that hir barne wes baptizit, and denyit that sche hed carnall daill with Normond Wemes sen Pasche last wes, quhilk wes the tyme that sche com to this citee to duell, bot confessis that sche hed carnall daill with him about Fastronisevin last wes in Lastarrik. The sessioun ordanis hir, in respect that sche duellis now within this 1 Adukrii in MS. In many of the marginal notes in this part of the Register, adulterii has been added afterwards, by another hand. ST. ANDREWS KIRK SESSION. 459 citee and that sche lies maid na repentance as yit for hir fault committit in Lastarrik, to produce testimoniall of hir repent- ance and satisfaction within the parrochin of Lastarrk, of the minister thairof, befoir this sessioun betuix this and Zwill nixt xxy«> Decem- to cum, or ellis betuix this and the samyn tyme to mak repent- ance within this kirk thairfor, or than to depart hirself furth of this parroche. The quhilk day, the sessioun ordanis Jhone Scheves and Scheves, Margret Clepen adultraris to compeir upon Weddinsday nixt Adulterii^ to cum and receave injunctionis, in respect that it is notorous that Jhone Scheves freindis ar now cum hame furth of Edin- burgh, with quhome he allegit he wald counsall, quhairupon the last delay wes grantit ; and ordanis the officiar to warn thame to that effect : and siclyke supplicatioun to be direct aganis Beatrix Leiche adultrice and reporttit as said is with [Leiche.] Thomas Mwir. The quhilk day, the sessioun ordanis Mr. Alexander Jarden, jarden, Geddy, minister, and William Geddy to be warnit to this day ri] ' aucht dayis, to ansuer to sic thingis as salbe proponit aganis thame. The quhilk day, the sessioun ordanis Androw Baxter and Baxter, Robert- Jhone Robertsoun belmen to be warnit be the officar to this soun ' day aucht dayis, to heir and see gude ordour takin tuiching the baptism e and buriall. The quhilk day, the sessioun ordanis ane supplicatioun to be Robertsoun, direct to the majestranis of this citee, to require Jhone Robert- Aduiterii. soun adultrar and Cristane Zwill excommunicat to obey the voce of the kirk, and mak satisfactoun and repentance for thair offencis conforme to the ordour ; and the samyn suppli- catioun to be presentit be ane of the sessioun and reportit agane with ansuer with all diligence : and siclyke supplicatioun to be direct aganis Beatrix Leiche aduiltrice. [Leiche.] Die sexto mensis Decembris, anno Ixxxj 0 - The quhilk day, Mr. William Cok, bailye, and being com- The presema- missioner for this citee to the Generall Assemblie to procure ^Generaif a ° ane pastore for the kirk of St. Androis, comperit befoir this Assemblie for r .... electioun of ane assemble of St. Androis ; and for declaratioun of his diligence minister. 460 REGISTER OF producit this act of the Generall Assemble quhilk followis in effect. Acta sessione 19, xxaf Octobris, 1581. Anent the provisioun of the kirk of Sanctandrois 1 of ane pastore, 2 the kirk hes tocht it meit that the Priour and town of St. Androis nominat ane of the brether quhome thai haif best lyking of to serve the cure, and to propone him unto the ministeris of the Kingis hous, ministeris of Edinburgh, Mr. Dauid Lindesay, Jhone Brand, Mr. Adam Jhonesoun, Dauid Ferguisoun, Mr. Androw Melvill, William Christesoun, the Lairdis of Braid, Pilrig, Culluthy, and Lundy ; to quhome the kirk gevis com- missioun, or to ony aucht of thame, to gif assent in thair name thairto, and place him thair, providing thai find na laidfull and ressonabill impediment proponit that may stay thair placing thair, or that thai be nocht of ane of the collegis, quhome the kirk exemis for considerationis heirfra. And siclyke that with thair avys the minister 3 presentit be suffi- cientlie providit, as als his kirkis quhairfra he is takin if he be 1 Sanctandrois in MS. - In the General Assembly, in April 1576, it was objected against Robert Hamilton that he was Provost of St. Mary's College as well as minister of St. Andrews, when ' the said matter beand long debaittit with reasons on every syde, and rypelie advysit, the present Assembly, in respect of the circumstance of place and congregation of Sanct Androes, finds and declares the twa offices joynit in his person to be incompatabill in him. Mr. Patrick Auchinleck, com- missioner for the toun of Sanct Andrews, protested in name thereof, that this sentence prejudge not the toun of Sanct Andrews, nor ingender any prejudice to them touching their minister, without they be called and heard ' {Booke of the Universall Kirk, i. 351). In October of the same year, the matter again came before the Assembly, and Hamilton was then ordered to ' cast off the said office and charge of Provestrie of the New Colledge, as an impediment, stay, and hinder- ance to his office and calling of the ministrie ;' but William Skene in name of the New College dissented, and to this dissent Hamilton adhered, alleging that ' the Kirk could not discharge him of the Provestrie, and that he could not beare the burden of the haill kirk of Sanct Androes in his awin person ' {Ibid. p. 375). He seems to have held tenaciously to both offices, for the case came before the Assembly in October 1578 and also in July 1579 {Ibid. ii. 422, 433). Soon after the latter date, he had to relinquish the Provostry, in which he was suc- ceeded by Andrew Melville (M'Crie's Melville, 1824, ii. 473 ; Melville's Diary, Wod. Soc. p. 122) ; and he died at Edinburgh on the 16th of April 1581 (Scott's Fasti, ii. 388). The stipulation in the text, that his successor in the ministry was not to be chosen from ' ane of the collegis,' was probably prompted by the difficulty of getting Hamilton to cease being a pluralist. When he was elected, the Assembly had advised the congregation to choose a minister ' out of their own Universitie' {supra, p. 28, n.). 3 Ministeris m MS. ST. ANDREWS KIRK SESSION. 461 transportit be alsua stakit. 1 Extract furth of the Register of the Actis of the General* Assemblie of the Kirk be Mr. James Riche clerk thairof. J. Riche. 2 — The sessioun, for performeing of desyre of the said act, ordanis Mr. Patrik Adamsoun, Bischope of St. Androis, Mr. Androw Melvill, Principall of the New College, Mr. James Wilkye, Rectour, Mr. James Martine, Provest of the Auld College, Mr. Jhone Robertsoun, Mr. Thomas Balfour, Jhone Motto, Mr. Dauid Russell, Mr. William Cok, James Robertsoun, Mr. Martine Geddy, William Ferry, James Smyth, Thomas Welwod, Jhone Wod, Dauid Wemes, Dauid Balfour, with the Provest of this citee, to pas all togidder to my Lord Erie of Marche, Priour of St. Androis, upon Satterday nixttocum, [at ix houris befoir none,] 3 and travell with his lordschip for ane ressonabill stipend to Mr. Robert Point, quhome the sessioun thinkis meit to be minister of this parroche, and to report ansuer heirof agane this day aucht dayis. The quhilk day, the sessioun hes concludit that my Lord supplicatioun Bischop, accumpanei[t] with Jhone Motto and Mr. Dauid 1°^^, Russell, elderis, present, upon Friday nixttocum in the tolbuith Seiche, &c - 4 of this citee, to the majestrattis of the samyn, ane supplicatioun Miller, for gude ordour to be takin with Jhone Robertsoun, Cristene Zwill, Margret Clepen, and Beatrix Leiche, adultraris, and with James Miller thrys ellis committit in fornicatioun, and to report ansuer tharof agane 5 this day auch[t] dayis. The quhilk day, the sessioun continewis thair determinatioun Admonitio aganis Jhone Schevis, for his adultrie committit with Margret cieperfV*)' q Clepen, in hope of amendiment and humiliatioun, to this day xv dayis ; and presentlie admonisis the said Jhone personalie to abstene fra forder cumpanie with the said Margret in tyme cumin g, under the panis contenit in the act of Parliament : and also admonisit the said Margret present to abstein fra cumpanie with the said Jhone, in all tyme cuming under the samyn pane. 1 Accommodated. 2 See Booke of the Univ. Kirk, ii. 539, 546. 3 These words are in the margin. The scribe has omitted the mark in the text to show where they should be taken in. 4 Adiclteraris, which has been added afterwards, is inserted between Zwili and Clepen. 5 Agae in MS. In this part of the Register some words have been hurriedly written, the letters occasionally not being half formed. 462 REGISTER OF Jarden, rjj. Geddy, Andersoun, confess io Patersoun, rij. Satisfeit. The quhilk day, becaus Mr. Alexander Jarden and William Geddy comperit nocht, being warnit to this day, the sessioun ordanis thame to be warnit agane de novo to this day audit dayis. The quhilk day, Barbary Patersoun confessis sche is with barne to Jhone Andersoun litster. The sessioun ordanis thame baith to be warnit to this day aucht dayis. Jarden, Geddy, rij. Adulterii. Injunctionis gevin to Beatrix Leiche. Confess io Andersoun, Patersoun. Satisfeit. Satisfeit baith. Cluny, rij. Die decimo tertio mensis Decembris, anno Ixocxj 0 - The quhilk day, the sessioun ordanis Mr. Alexander Jarden and William Geddy to be warnit to this day aucht dayis, and also Jhone Pittillow, Cathrine \blank\ servand to William Geddy, Jhone Williamsoun, Cristene Dick, his spous, to beir trew testimonie tuiching the dilatioun of sklander offerrit up to the sessioun upon the said Mr. Alexander and William Geddy. The quhilk day, the sessioun ordanis Beatrix Leiche adultrice to begyn hir repentance upon Sonday nixttocum, cled in sek claith, to begyn at the secund bell to the sermon befoir none, and stand beir-futtit at the [blank] kirk dur, quhill the thrid bell to sermon be sessit, and thaireftir to sitt upon the penitent stuill in the adultraris place and gre, quhill the sermon and prayaris be done and benedictoun gevin, and sa forth ilk Sonday to continew quhill the kirk be satisfeit, conforme to the ordour. The quhilk day, comperit Jhone Andersoun litstar and Barbarry Patersoun, quha baith confessis wyth ane voce that thai haif bed carnall daill togidder viij dayis befoir Lammes last wes, and Barbarry confessis sche is with barne to Jhone Andersoun. The sessioun, in respect that Jhone Andersoun is relappis in fornicatioun, and that this is his secund fait, ordanis him to enter in pressoun upon Satterday nixttocum, and to remane thair nurisit onlie upon bread and watter be the space of xv dayis ; and the xv dayis endit the said Barbary to enter in pressoun and continew thairin viij dayis nurisit upon bread and small drink alanerlie ; and thairefter thai baith togidder to mak publict repentance conforme to the ordour. The quhilk day, the sessioun ordanis Margret Cluny adultrice to be warnit to this day aucht dayis, and ressef new injunctions conforme to the ordour. ST. ANDREWS KIRK SESSION. 463 Die Mercufii, vigesimo mensis Decenibris, anno Domini j m v° octuagesimo primo. The quhilk day, Mr. William Cok bailye takis the burding Mr. Robert upon him to convein the counsall of the town to morne, for *^° int tobesend sending of ane honest man to Edinburgh with my Lord of Marehe letter, and ane uther letter from the town, to Mr. Robert Point to be pastor of this congregatioun, that the said Maister Robertis uter mynde may be hed thair anent with diligence, or him self to cum heir in propir persoun. The quhilk day, the sessioun ordanis and decernis Jhone Decrehim Scheves and Margret Clepen adultraris to begyn thair repen- cieperh' tance in sek claith upon Sonday cum aucht dayis, to stand at the kirk dur fra secund bell to sermone beir-futtit quhill the thrid bell be cessit, and thaireftir to sitt on the adultraris place of the penitent stuill, quhill the sermone be endit, and sa furth ilk Sonday to continew quhill the kirk be satisfeit ; and ordanis the official* to warne thame heirto, and if thai failye that publict admonitioun be maid to thame in the kirk Sonday cum aucht davis, conforme to the ordour. The quhilk day, William Zwill mariner and Bessy Duncane Duncane, Zwiii. fornicatouris present ar decernit to be impressonit and mak ^t^feit and satisfactioun conforme to the ordour, for fornicatioun confessit ™f ni * v 7 lth . \blank.\ be thame ; and William to enter in presson Satterday nixtto- cum, and Bessy, Satterday cum aucht dayis. Bessy allegis promis of mariage maid to hir be William Zwill, quhilk being referrit be hir to his aith, he deniit the samyn on his conscience. The quhilk day, becaus Margret Cluny hes bein oft and Cluny. diveris tymes warnit to mak satisfactioun for hir adultrie and contempteuslie disobeyit, thairfor the sessioun comittis hir to the secular majestratis to be handlit conforme to hir dimerittis. Die Mercurii, xxvij Decembris, anno lxxxj°- The quhilk day, Robert Nicholl seyman grantis he hes hed Robert Nicholi, carnall daill with Jonet Andersoun ane yeir sensyne or thairby. *^ dersoun ' Becaus Jonet comperis nocht the sessioun ordanis hir to be warnit to this day aucht dayis, and Robert present warnt to the samyn day apud acta. 464 REGISTER OF Scheves, The quhilk day, for gude caussis the sessioun lies tocht gude Robmsoun, to advis to morn with the generale ministrie convenit at the ri i- exerceis for gude ordour to be hed with Jhone Scheves, Margret Clepen, and utheris adultraris, as also to advys anent the baptisme of Jhone Robertsonis barne ; and the Bischope to propone the mater, and reportt thair jugement thairintill this day aucht dayis ; and Jhone Scheves personalie warnit be the official* to this day aucht dayis. Scheves, Clepen, Robertsoun, rij. A ditlterh . Anderson, Thomson, rij. Die tertio mensis Januarii, anno octuagesimo primo. The quhilk day, in absens of the Bischop, Mr. James Martine maid relatioun that the Bischop of St. Androis, upon the xxviij day of December last wes, exponit 1 the mater and questioun of the punisment of Jhone Scheves and Margret Clepen for adultrie, and of the baptisme of Jhone Robertsonis barne, &c, to the generall assemblie of the kirk of St. Androis convenit to the exerceis, quha tuik to advys thairwith to Thurisday the ferd of Januar instant ; and be resson thairof the saidis materis ar continewit to this day aucht dayis, the tent of Januar instant, and ordanit Jhone Scheves present [and Margret] 2 Clepen to be warnit to the said day. The quhilk day, \Klene — deleted] Jonet Andersoun, delatit for committing fornicatioun, confesses hir to haif hed carnall daill with Robert Thomsoun, and alsa with Robert Xicholl, na maner [of] 2 satisfactioun maid thairfor as yet within this citee, decernit thairfor 3 be the session to enter in presson on Satter- day, according to ane relaps ; and Robert Thomson to be warnit agane this dav aucht davis. Robertson, rij. Scheves, Clepen, adulterii. Die decimo Januarii, anno octuagesimo primo. The quhiik day, the declaratioun of the baptisme of Jhone Robertsonis barne is continewit to this day audit dayis. The quhilk day, the sessioun with ane voce ratifeis thair decrete pronuncit aganis Jhone Scheves and Margret Clepen adultraris, pronuncit the xx day of December last wes, and 1 Exonit in MS. - Omitted. 3 Thairto in MS. ST. ANDREWS KIRK SESSION. 465 ordanis thame as of befoir to begin thair repentance upon Sonday nixttocum, and thairefter to continew quhill the kirk be satisfeit, conforme to the ordour observit aganis adultraris in this congregatioun in tymes bygane, [and if thai] 1 failye that publict admonitioun be maid to thame in the kirk. The quhilk day, becaus that Robert Thomsoun, being delatit Thomsoun for fornicatioun committit be him with Jonet Andersoun, as J^S^SwSb* 116 Jonet confessit, be procreatioun of ane cheild, nather comperit befoir the session nor yit enterit in presson, being oftimes thairto chargit, the sessioun remittis him to the secular majes- trattis. Die decimo septimo mensis Jamiarii, anno locxjcj 0 - The quhilk day, Patrik Smalum mariner and Cristene Lyell, Confessio being warnit to 2 this day and accusit for keping cumpanie Smalum ' Lye11 togidder and haifing carnall daill onmariit, comperit baith and confessit carnall daill togidder ; and Patrik allegit promis of mariage betuix thame, if Cristene be ane fre woman, and is con- tent to performe the samyn if sua be, and to satisfie according to the ordour thairfor. The quhilk day, the sessioun ordanis Jonet Bruntoun to be Bruntoun, warnit to this day aucht dayis, to ansuer to the ordinance maid riJ ' in the act the penult of November last wes. The quhilk day, the sessioun ordanis the dakinis of ilk Decretum quarter collectour to the puir, to gif ilk ane thair ouk about Altchesoun - sex d. to Thomas Aitshesoun, in all tymes cuming during his dayis. The quhilk day, anent the supplicatioun gevin in to the Admissioun j.. iu j? -li ..of Karnis to sessioun, desiring ane man cneld now ot xv yeir aula procreat m baptisme. adultrie betuix umquhill Henry Carnis 3 and umquhill [blank], 1 Deleted. 2 To to in MS. 3 The Session was exercised in 1569-70 concerning the reconciliation of Karnis and his wife (supra, pp. 332, 333) ; and on the 17th of August of that year, 'Andro Greif citienar of Sanctandrois become souertie and lawborrowis that Andro Cowpar cannonar in Dunde salbe harmeles and skaythles of Henry Cairnis, citienar of Sanctandrois, and all that he may let, bot as law will, but fraude or gyle, under the pane of twa hundrith merkis' (Registei' of Privy Council, ii. 12). In March 1570-71, Mr. Robert Wynram, Collector of Fife, appeared in the General Assembly, ' and shew how he was purgit be ane condisrne assyse befor 2 G 466 REGISTER OF Andersoun, Sellar, to enter agane. Satisfeit. Nicholl actitat upon Dewar. Satisfeit. desiring the said eheld yit onbaptizit to be ressavit to baptisme and ane of Christis Jesus kirk; the session ordanis the said man cheld to cum to the kirk, and craif at the minister or redar for the tyme baptisme for Goddis saik, and in Christ Jesus name, and thairefter to be ressavit to baptisme. The quhilk day, Jonet Andersoun, being aucht dayis im- presonit for relappis in fornicatioun, wes at command of the sessioun relevit, in respect of the vehemensie of the storme of wedder, and lies fund [William Deivar maltman — deleted] Androw Sellar cautioun for hir ; quha is oblist of his awin propir confessioun to entir the said Jonet in presson betuix this and Pasche nixttocum, to reman uther audit dayis im- presonat, and that sche sail satisfie according to the ordour, under the pane of xl s. to be applyit to the use of the puir on forge vin. The quhilk day, William Dewar maltman is oblist cautioner for Robert Nicholl seyman, to enter the said Robert in presson and to reman thair and satisfie the kirk conforme to the ordour as ane fornicatour, betuix this and Pasche nixttocum, under the pane of xl s. to the use of the puir onforgevin, and Robert Nicholl oblisis him to releif the said William. Die ultimo mensis Januarii, anno octuagemno primo. Confessio Dalgleis, Macnab. Decretum contra Thorn- soun, Ander- soun. The quhilk day, comperit Jonet Dalgles and confessis that sche hes borne ane barne in fornicatioun to Jhone Makniab trumphiter, offerring hirself to discipline, desiris the 1 barne to be baptizit. The sessioun ordanis hir to report testimoniall fra the Kingis gracis minister, or ministeris of Edinburgh, that Jhone Macnab confessis the barne to be his, and thaireftir to deliver ane sufficientt plege that thei sail satisfie this congrega- tioun for this offence, quhilk being done the barne thaireftir to be baptizit. The quhilk day, the sessioun ordanis Robert Thomsoun to the civill magistrate, for the slaughter of Henrie Kairnes, citizen in St. Androes : not the les because the blood was shed against his will, always he willinglie offerit to the Kirk to underly quhatsoevir uther thing they wold lay to his charge for satisfaction of the Kirk ' {Booke of the Universall Kirk, i. 194). 1 The the in MS. ST. ANDREWS KIRK SESSION. 467 entir in presson upon Satterday nixttocum, for fornicatioun com mitt it be him with Jonet Andersoun, and to satisfie the kirk thairfor conforme to the ordour ; in respect that it is suffi- cientle verefyt be the sessioun that he comperit befoir thame personalie and confessit his offence, and submittit him self to discipline of the kirk. The quhilk day, the sessioun ordanis the officiar to warne Arduthy, rij. Bessy Arduthy to this day audit dayis, to ansuer befoir thame tuiching the departure of ane boy leatle in Mr. Martine Ged- deis \vel[l] ; it being delatit to the sessioun the boy to haif bein hir awn barne, gottin in adultrie or fornicatioun and nevir baptizit. The quhilk day, the sessioun ordanis Jhone Scheves and Scheves, Margret Clepen adultraris to be warnit be the officiar to begyn t ^ranV thair repentance upon Sonday nixttocum, conforme to the ordinance maid thairanent the xx day of December last wes, and ane tikket to be gevin to the officiar thairupon ; and if thai failye that the officiar report the tiket with his charge verefyt to the sessioun this day audit dayis. The quhilk day, the sessioun ordanis George Small and Small, Gardner, Merrabill Gardner his spous to be warnit to this day aucht nj ' dayis, to ansuer befoir thame tuiching the sudden departure of thair barne in the bed. Die .sept una mensis Februarii, anno octuagesimo primo. The quhilk day, becaus Robert Thomsoun being be the Thomsoun re- mittit to the majestratis. ;>fficiar at command of the sessioun chargit to entir in pressoun ni upon Satterday nixttocum and disobeyit, as wes verefyt be the officiar, the sessioun remittis him to the secular majestrattis. The quhilk day, Margret Clepen adultrice being warnit per- Scheves, sonale be the officiar (as the officiar verefyt) to begyn hir ^si 811111 ' repentance for adultrie, committit be hir with Jhone Scheves, upon Sonday the ferd day of Februar instant ; with certifica- tioun, if sche failyeit, publict admonition suld be usit aganis hir to that effect, nocht the les the said Margret disobeyit con- tempteuslie. And becaus Jhone Scheve[s] wes furth of tliis Aduleraris in MS. 468 REGISTER OF realme and culd nocht be hed to mak his repentance for the cryme foirsaid, the session continewis the mater aganis him quhill his hamecuming ; and with ane voce ordanis the said Margret yit as of befoir to be warnit agane to mak satisfaction conforme to the ordour upon Sonday nixttocum, with certifi- cation if sche failye that publict admonitioun sail be usit aganis hir. Arduthy, rij. The quhilk day, comperit Bessy Arduthy as sche that wes laidfullie warnit to this day, and accusit be the sessioun quhais audit the boy that drownit laitly in Mr. Martine Geddeis well, and quhidder he wes hir awin barne or nocht, and quha wes his father, and if he wes evir baptizit and be quhome. The sessioun committis full power to Mr. Dauid Russell, ane of the elderis and memberis of this kirk, to try the said Bessy, and to feill hir trew testimony in the premissis, and to report and declair the samyn to the sessioun this day audit dayis. Small, Gardner, The quhilk day, George Small and Mirabill Gardner, his spous, comperand befoir the sessioun as thai that wer laidfullie warnit to this day, to ansuer anent the sudden departure of thair barne wyth thame in the bed, confessit that the said barne wes haill and levand wyth thame at fyve houris in the morning, and or half hour to sevin wes deid be the sleuth of the said Mirabill. The sessioun continewis thair determinatioun heir anent to this day xv dayis, and the said day Masteris Thomas Balfour and William Cok bailyeis, baith present, pro- mis to report the consell of the townis advys, and determina- tioun in that mater. Mane, Bruce, The quhilk day, Nicholl Mane and Jonet Bruce being warnit to this day to ansuer for the fornicatioun committit betuix thame, comperit Jonet Bruce, quha confessis sche is wyth barne to the said Nicholl. The sessioun ordanis Nicholl to be warnit to this day audit dayis. Die ,vuij t0 mensis Februarii, anno octuagesimo primo. The quhilk day, the sessioun ordanis Margaret Clepen to begyn hir repentance for adultrie committit be hir wyth Jlione Clepen, adul- terie. 1 Rij. 1 Adulcrie in MS. ST. ANDREWS KIRK SESSION. 469 Scheves, upon Sonday nixttocum, the xviij of Februar instant, conforme to the ordinance maid [heir] 1 anent of befoir, wyth certificatioun if sche failye that publict admonitioun be maid to hir in the kirk upon Sonday cum aucht dayis, and in the meanetyme to be warnit to compeir befoir the sessioun this day aucht dayis. The quhilk day, the sessioun ordanis Mr. Dauid Russell to Arduthy, rij. be warnit to this day aucht dayis, to declair befoir thame the depositioun of Bessy Arduthy upon the dilatioun and ordinance maid in the act the vij of Februar instant, and Bessy to be warnit to that effect agane the said day. The quhilk day, comperit Nicholl Mane quha confessis he Confess™ hes hed carnall daill wyth Jonet Bruce, and that 2 the barn Mane ' Bruce - quhilk Jonet is presentle wyth is his barne, confessis also promis of mariage betuix thame, and submittis him self to the discipline of the kirk ; he is content also to marie hir sua that his freindis be content. The session continewis thair ordinance aganis Nicholl for ane moneth nixttocum, wythin the quhilk space Nicholl promisis to report his frendis consent to the mariage^ utherwys to satisfie the kirk as ane fornicatour quhen the kirk plesis. Die vigeswno primo mensis Februarii, anno octuagesimo primo. The quhilk day, Margret Clepen adultrar, being chargit to Ciepen, haif comperit upon Sonday last, to haif maid satisfactioun for adultene - hir adultrie oppinlie in the kirk, disobeyit and thairfor being chargit to this day to compeir befoir the sessioun, comperit personalie ; and sche, being personalie present befoir the session this day, chargit to begin hir repentance on Sonday nixtto- cum as of befoir, wyth certificatioun if sche refusit sche suld be publiclie admonisit on Sonday nixttocum. Sche, in presens of the haill sessioun convenit for the tyme, planlie refusit. The quhilk day, comperit Dauid Home elder for Dauid Horn Horn, Criste, younger his sone, and William Cristie mariner for Anabill contractlt - Cristie his sister, and desirit licience to contract the said Dauid younger and Annabill uponland be George Blak redar, becaus 1 Altered. 2 That that in MS. 470 REGISTER OF the parteis duellis out of this citee. The samyn wes refusit be the sessioun, thairfor the parteis comperit befoir the session and wer contractit. Confess™ KeMie, The quhilk day, comperit Margret Kellie, quha confessis sche stev/nsoun! 6 ressavit ane madin bairn thre yeir sensyne cum Witsonday fra Cathrine Stevinsoun mother to the said barn, and fra the minister of Craillis wyfe togidder, out of the said ministeris hous in St. Androis for the tyme, in Henry Lawmonth far 1 chalmer. And the said Margret sayis that the said barn is the barne of Alane Cwninghame, gottin in the Hand of Maij ; and that the said Alane sumtyme payit to hir ane part of the said barnis buird, and the said 2 Cathrine sumtymes ane uther part thairof. The sessioun ordanis supplicatioun to be direct to the minister of Craill 3 for said mater and triall to be takin thairintilL Arduthy, Hj. q. The quhilk day, the sessioun conteinewis the caus of Bessy Arduthy to this day xv dayis, and that the haill sessioun be warnit to that effect aga[ne] the said day. Die vigesimo octavo mcnsis Februarii, anno Lwrxj 0 - Clepen, Hi. The quhilk day, Margret Clepen adultrice being opon Son- day last wes oppinlie be the redar callit upon in the publict assemblie in the kirk to compeir and mak humiliatioun conforme to the desire of the last act, as wes sufficientlie verefyt ; and becaus sche comperit nocht the sessoun desirit Mr. James Wilkye, Rectour, Mr. Thomas Balfour, balye, and George Blak, redar, memberis of the sessioun, 5 to confer with the said Margret, if thai culd be ony meni[s] persuade hir to be obedient to the voce of the kirk, and to report hir ansuer to the sessioun this day aucht dayis. 1 Perhaps foir. 2 And the said and tlie said in MS. 3 John Edmestoun was minister of Crail at this time (Scott's Fasti, ii. 416). 4 Adulie/y in MS. 5 As George Blak was a deacon — not an elder — the expression in the text shews that, even after the adoption of the Second Book of Discipline, deacons were still regarded in St. Andrews as members of the session. ST. ANDREWS KIRK SESSION. 471 4 Die septimo Martii, anno Ixxxj 0 - The quhilk day, as ane terme appointit to Mr. James ciapen, Wilkye, Rectour, Mr. Thomas Balfour, bailye, and George adulteri - Blak, redar, to report Margret Clepenis ansuer, conforme to the desire of the last act, conperit the said Mr. James and George Blak, quha declare to the sessioun that the said Margret promispt] to gif ane ansuer betuix that and Sunday last wes, quhidder sche wald obey or nocht. And Mr. James and George present declarit that the said Margret geif thamc na ansuer ; lykeas also James Steill officair being sen[t] to Mr. Thomas Balfour, seklie and absent for the tyme, to inquire if he gat onv ansuer fra the said Margret, the said James, return- ing agane to the session wyth the said Mr. Thomas mynd, said that the said Mr. Thomas gat na ansuer fra the said Margret. Thairfor the sessioun ordanis the first public admonitioun to be execut upon Sonday, the xj day of Marche instant, aganis the said Margret for hir contempt. The quhilk day the caus of Besse Arduthy continewit to Arduthy, rij. this day aucht dayis. The quhilk day the sessioun ordanis Margret Moncur and Bruntoun, Jonet Bromton to be warnit to this day aucht dayis. The quhilk day, the sessioun ordanis the communioun to be The tyme ap- minestrat be the grace of God to the inhabitants of this citee Fradon^fThe 65 upon Palme Sonday nixttocum, the viij day of Aprile nixtto- ^ t ^ ) 1 n ^ oun : cum ; and dilationis to be takin befoir examinatioun, and ansuer of the dilationis to be reportit this day aucht dayis. Die decimo quarto menms Marti/, anno Ixxxf- The quhilk day, comperit Jhone Tod and Issobell Guild, Confessio Tod, quha confessis thai haif hed carnall daill togidder, and the Guild - Satisfe1 said Issobell sayis sche is wyth barne to the said Jhone ; thair- for thai submit thame selfis to discipline, and thairfor the sessioun ordanis 1 the woman to enter in pressoun on Satterday nixttocum, and the man on Satterday cum xv dayis, and to satisfie conforme to the ordour. Ordanis ordanis in MS. REGISTER OF Arduthy, rij. Confessio Monipenny, Gulen, rij. Baith satisfeit. Confessio Methven, Skirling, rij. Reif, Cluny, rij. Moncur rij. Examinatioun befoir the communioun : wyth examina- touris. The caus of Bessy Arduthy is continewit to this day audit dayis, and than sche is ordanit to declair hir conscience to the haill sessioun. The quhilk day, Gelis Monipenny 1 confessis hir to be wyth barne to Jhone Gulen in Darsy, and allegis hir to be contractit wyth him in manage in [Daisy — deleted] Carnebe be Michell Ramsay 2 redar thar, and grantis that it is 3 the fourth tyme that sche lies committit fornication, and submittis hir self to discipline. Mr. James Martine, Provest of the Auld College, is desyrit be the sesson to signifie the premissis to Mr Jhone Rutherfurd, minister of Darsy, that ordour may be takin wyth Jhone Gulen, and to report ansuer thairof to the sessioun this day audit dayis. The quhilk day, Agnes Methven confessis that sche buir ane barne to Robert Skirling, servand to the Laird of Cambo, yit onsatisfeit, submittis hir self to discipline. The sessoun ordanis Skirling to be warnit to this day audit dayis. The quhilk day, the session ordanis Margret Cluny to enter agane on Sonday nixttocum, and continew in satisfaction as ane adultrice, conforme to the ordinance, quhill the kirk be satisfeit, and also ordanis Thomas Reif adultrar wyth hir to be warnit to this day audit dayis. The quhilk day, Margret Moncur, being warnit to this day and accusit quha is hir barnis father, desirit delay quhill this day audit dayis to ad vis thairwyth, and sche is decernit wyth hir awn consent to compeir and declair quha is hir barnis father. The quhilk day, ansuer of the dilationis being producit be the clerk befoir the session, the sessioun ordanis the examina- tioun to begyn upon Mononday nixttocum, according to the ordour usit and observit of befoir. Examinatouris in the first quarter, Mr. James Wilkie, Rectour, Mr. Martine Geddy, Wiliam Ferry, and Andro Watson scribe [thair] 4 to. The secind quarter, Mr. James Martine, James Robertsoun, Dauid Balfour, Jhone Hagy, scribe. The thrid quarter, Mr. Jhone Robertsoun, Mr. Henry Leiche, James Smyth, Mr. Dauid 1 Monipennipenny in MS. - Michael Ramsay was reader at Carnbee in 1574 with a stipend of £20 ( Wodrow Miscellany, p. 361). Is is in MS. 4 Omitted. ST. ANDREWS KIRK SESSION. 473 Russell, Charlis Watson, clerk. The ferd quarter, George Blak. The quhilk day, in the sessioun of the ministrie of St. Androis, comperit George Blak redar of the said kirk and pro- ducit ane libellat summondis under the sele of the said ministrie dewlie execut and indorsat, thairin summond Margret Clepen adultriee to this day and sessioun, of the quhilk the tenour folio wis : — Minister elderis and deaconis of Christis 1 kirk and congrega- Citacio Clepen, Ctdlllt€¥Z't tioun, wythin the citee of St. Androis, to George Blak redar of the said kirk, Grace mercy and peace, from God the Father, throw Jesus Christ our Saluiour. fforsamekill, as, upon Wed- dinsday, the xxij day of November last wes, Jhone Scheves and Margret Clapen adultraris, being callit and comperand befoir us in the consull hous, confessit thair adultrie togidder be pro- creatioun of ane madin barne ; and for the samyn, upon the xx day of December last wes, wer be our decrete decernit to mak publict humiliatioun and satisfactioun, conforme to the godly ordour inviolablie observit in this kirk and congregatioun aganis adultrairis continewalie frome 2 tyme to tyme sen Reformatioun in religioun, as our actis in assemblie maid thairupon at lenth testifeis. And it is of verite that the said [Jhone — deleted] 3 be himself 4 and utheris in his name at diveris tymes comperit per- sonalie befoir us in our assemblie, promising to fulfill our ordinance and to mak humiliatioun and satisfactioun as said [is] ; 5 and we willing to wyn synneris wyth quietnes rather nor sevirite to repentans, evir hoping from day to day willing obedience and satisfaction to haif bein done as is aboif rehersit, (albeit the contrar wes menit) and na thing ellis socht bot drift and delay of tyme quhill the said Jhone micht pas to saill furth of this realme to evacuat discipline, and gude ordour in the meane tyme frustrat, as we haif now sen syne fund in experi- ance be the said Jhonis departure wythout satisfactioun ; and yit, understanding the said Margret to remane presentlie ob- stinat and sklandrous wythin this citee, causit call hir befoir us 1 Chrstis in MS. 2 Forme in MS. 3 Margret has been interlined over Jhone, but her name too is deleted. 4 Altered from himself to hirsclf. In the second summons it reads— Jhone be himself and ntheris in his name. 5 Omitted. 474 REGISTER OF in our assemblie, travelling ernestlie wyth hir to humbill hirself and to mak satisfactioun publict for hir hienous crime, as said is, as we also diveris utheris tymes be certane godlie and zelous memberis of our ecclesiasticall sait travellit and conferrit wyth hir to the samyn effect, culd find nathing bot inobedience and contempt in hir. Heirfor we require yow, in the name of the Eternall our God, that ye laidfullie, in the publict assemblie of the kirk and congregation, summond the said Margret to com- peir befoir us in the consall hous wythin the said kirk, upon Weddinday, the xiiij of Marche instant, in the hour of caus at efter none, to heir hir decernit to haif contempnit and trans- gressit the godly ordinance and voce of the kirk ; and thairfor to underly discipline 1 as salbe imput to hir for hir contempt and disobedience ; wyth certificatioun to hir, if sche compeir nocht, or comperand refusis discipline, we will proceid aganis hir wyth detfull ordour to the finall executioun of the feirfull sentence of excommunicatioun, as the greatest and last punisch- ment belangand to the spirituall ministrie ; and thaireftir in- vocat the assistance of the temporale authorite and civile power. The quhilk to do we commit to vo[w] power in the Ri J- Lord be thir presentis, delivering the samyn be yow dewlie execut and indorsat agane to the berar. Gevin undir the sele of the said ministrie at St. Androis, the vij day of Marche, the yeir of God j m v c lxxxj yeris. Followis the indorsatioun : Upon Sonday, the xj day of Marche 1581, I, George Blak, redar in the parroche kirk of St. Androis, in the publict assemblie of the congregatioun, summond Margret Clepen oppinlie eftir the tenour of this sum- mondis retroscript, to the day and place wythin writin, witnes the hoill congregatioun, and this my subscriptioun manual, sic subscribitur, George Blak, redar. The foirsaid Margret oftimes callit, laufull tvme biddiiu and sche nocht comperand is notit contumax. The ministrie ordanis hir to be summond in maner foirsaid, for the secund executioun and admonitioun, to Weddinsday nixttocum, wyth intimatioun as efferis. Daigiesche, xxj. The quhilk day, Jonet Dalgles decernit to report testimonial! Disciplince in MS. ST. ANDREWS KIRK SESSION. 475 this day xxj dayis, conforme to the ordinance [and] 1 the act, the last of Jannar last vves, and the copy of the act decernit to hir. Die vigemmo prima Marti 7, anno Lwv.vj 0 - The quhilk day, Barbaray Wod confessis hir to be wyth barne Coh/essio Wod. to Dauid Oliphant, servand to my lord of Newbuttill, and that the said barne wes gottin in Jhone Hekleins hons wythin this citee. The sessioun ordanis hir to depart furtli of this [citee — deleted] parrochie wythin xv dayis ; and supplicatioun to be direct to the majestratis to that effect. The sessioun ordanis Hekiein, Miller, also Jhone Hekiein to be warnit to this day audit dayis, and 1lJ ' accusit for sufferring harlotrie to be committit in his hous. And also Androw Miller, undir quhome Barbaray Wod now duellis, and to be accusit for setting of ane hous to ane harlott. The quhilk day, the sessioun ordanis Henry Quisme present Quisme, rij. to compeir agane befoir thame this day aucht dayis, to ansuer to the dilatioun movit aganis him for contracting mariage wyth Elspot Rikkert and haifing carnall daill wyth hir, he haifand ane mariit wyfe of his awin levand ondevorsit ; and also or- danis William Muffett and Androw Carstaris, dilatouris of him, to be warnit to the said day for forder triall. The quhilk day, Elspot Fairlie confessis sche is wyth barne Confcssio to William Pitcane, 2 and submittis hirselfe to discipline, and trUrlle allegis promis of mariage maid to hir be William. The quhilk day, it is delatit that Issobell Zwill 3 is lichter Zwili, rij. of ane barne in Niniane Lowis hous. It is supponit to be the Laird of St. Monanis barne gottin in fornicatioun. The sessioun ordanis for triall thairof the meidwvfe, and als the maister of the hous, to be warnit heirto this day aucht dayis. And Gelis Mylis, witnes, being suorn and examinat upon the same mater, declaris that sche wes wyth the said Issobell [in] 1 tyme of hir burth, and hard hir say that the barin wes the Laird of St. Monanis barne. The quhilk day, Thomas Reif younger, confessand him to Decretum haif committit adultrie wyth Margret Cluny, is decernit to conira Reif " 1 Omitted. 2 Perhaps Pitcarne. 3 The words it is delatit that having been omitted are supplied in the margin, but there the name Issobell Zwill has been unnecessarily repeated. REGISTER OF compeir upon Sonday nixt to cum, wyth the said Margret, cled in sekclaith, bair heddit and bair futtet, and stand at the kirk dur fra the secund to the thrid bell to sermone befoir none ; and thaireftir to compeir upon the adultraris place of the peni- tent stuill wythin the kirk, and sitt thairon quhill the sermon be endit ; and sa furth to continew ilk Sonday quhill the kirk be satisfeit, conforme to the ordour. The quhilk day, in the sessioun of the ministrie of St. Androis comperis George Blak redar, and producis ane sum- mondis undir the sele of the said ministrie dewlie execut and indorsat aganis Margret Clepen adultrice, of the quhilk the tenour folio wis : — Aduiterii. [This begins in the same way and runs on in the same form Citaao Clepen. ag ^ e p rev j ous summons, a few words and phrases are altered, and others omitted, and a very few added. None of these are of any importance, except the changes rendered necessary by this being the second summons. To the narrative there is added : — ' And thairby, being constraint of our dewetie, causit hir be oppinlie summond to haif comperit j befoir us in our assemblie upon Weddinsday the xiiij of Marche instant ; wyth certificacioun if sche comperit nocht we wald proceid aganis hir wyth detfull ordour to the finall executioun of the fairfull sentence of excommunicatioun, quha nevertheles persisting in hir contempt lies contempteuslie absentit hir. 1 And then it proceeds : — ' Heirfor we require yow, in the name of the eternall God, that ye now as of befoir, in this our secund admonitioun, laidfullie in the publict assemblie of the congregatioun, sum- mond the said Margret Clepen to compeir befoir us, in the consall hous wythin the said kirk, upon Weddinsday the xxj day of Marche instant, at efter none in the hour of caus. . . . Gevin under the sele of the said ministrie, at St. Androis, the xiiij day of Marche, the yeir of God j m v c lxxxj yens/] ffolowis the indorsatioun : Upon Sonday the xviij day of Marche 1581, I, George Blak, redar in the parroche kirk of St. Androis, in the publict assemblie of the kirk of St. Androis, summond Margret Clepen oppinlie eftir the tenour of this summondis aboif writin. Witnes the hoill congregatioun, and this my subscriptiofun] manuall — George Rlak, redar, wyth my hand. ST. ANDREWS KIRK SESSION. 477 The said Margret oftimes callit and nocht comperand, laidffull] 1 tyme biddin, sche is noted contwmax for the secund. The ministrie ordanis hir to be summond and admonist this nixt Sonday in lyke maner, to Weddinsday nixttocum, for the thrid and last admonitioun ; wyth intimatioun that, except sche humill hirself and obey the adm[o]nitioun, thai will proceid aganis hir to the finall executioun of excomnmnicatioun the nixt Sonday thaireftir following : and now continewis the executioun of the last summondis, in respect of the communion to be ministrat, quhill Sonday the viij day of Aprile nixtto- cum. Die quarto mensis A prills, anno octuagemmo secundo. The quhilk day, anent the complantis of injuris gevin in Reconciiiatio befoir the sessioun be Dauid Quhyte and Jonet Dauidson his Daiudsoun^ spous 2 aganis Cathrine Bron and Jonet Spens hir dochter, and be the saidis Cathrine and Jonet upon the saidis Dauid and his spo[us]. Thai ar all, in presens of the sessioun, in the luif and feir of God, reconcelit togidder ; an[d] with thair awin con- sentis decernit be the session that quhilk of thame first failyis to utheris agane heirefter, in word or deid, the falter to mak publict satisfactioun to the persoun that beis offendit in the kirk oppinlie in presens of the pepill, upon ane Sonday ; and to pay to the persoun that the off'ens beis don to ten merkis onforgevin, providing that the offence be first tryit and verifyt. The quhilk day, Mr. Jhone Rutherfurd minister of Darsy Confessio haifand power of the session to tak the aith of Jhone Gulen, if Gulen " the barne Gelis Monipeny is presentle with be his barn or nocht, conperit the said Mr. Jhone and declaris that the said Jhone Gulen grantis the barin to be his barn. Thairfor the session decernis Gulen to mak satisfactioun in this kirk for his offens, on Sonda[y] the sext of Maii nixttocum ; and, becaus he Sc. xto AfaiJ. duellis in the parrochin of Darsy, requestis Mr. Jhone Ruther- fird minister thairof [to] 1 require Gulen to obey thair decrete, and to remember the puir for his impresonment. The quhilk day, Dauid Caid is decernit to mak publict Dauid Caid. 1 Omitted. 2 Spots in MS. 478 REGISTER OF satisfactioun in the kirk, for his oftens and sklander done to the kirk Heklein. the kirk and congregation in the tuilze betuix him and Jhone Die widec'nno mensis AprUis, anno Domini j m tf oduagesimo secundo. ciepen. The quhilk day, in the sessioun of the ministrie of St. Androis, comperit George Blak redar thair and producit ane summondis dewlie execut and indorsat upon Margret Ciepen adultrice, quhair sche is summond and admonisit for the thrid and last admonitioun to compeir to this day, as at mail* lenth is contenit in the said summondis. The said Margret being oftimes callit, nocht comperand, laidfull tyme biddin, is notat coritumaoc ; and be the ministrie decernit worthy to mereit the sentence of excommunicatioun, and the samyn to be execut aganis hir. Rij. The quhilk day, it is thocht gude that the haill memberis of the sait be warnit to this day aucht dayis, for electing com- missioneris to the Generall Assemble, and to treat upon sic heidis as suld be proponit thair. Rij. The quhilk day, it [is] 1 concludit that the haill rlescheouris and utheris mercheandis within this citee be warnit to this day aucht dayis, for travelling to Craill mercat on the Sabboth day. and accusit thairfor. Thomson, The quhilk day, Cathrine Tliomson proponit hir actioun of injuris aganis Jhone Downy. The session remittis the injurie done agans Cathrin to the civile majestratis ; and to preif the blaspheme spokin aganis the sacramentis literatorie, and Downy to be warnit 2 thairto. Downve. Die 'Mercurii, xvii} 0 April!* * anno lvj\vij°- Conimissioneris The quhilk day, the sessioun thinkis meit and expedient that Generall ^ ane commissioun be gevin to Mris. William Cok, Dauid Russell Assembiie. an( | ]\x a rtine Geddy, or ony tua of thame, as conimissioneris to 1 Omitted. 3 Decimo xviij 0 Apr His in MS. 2 Warn in ms. ST. ANDREWS KIRK SESSION. 479 compeir in the Generall Assemblie of the Kirk, to be haldin in this citee the xxiiij day of Aprile instant. The quhilk dav, Martine and Alexander Lummisdanis, James Decrete of the Dempstar, Thomas Cuthbert, Jhone Blak, Thomas Logy, Jhone th^fl^sch^ouris Mernis, James Cuik, James and Androw Millaris, James Her- ^ merchean- man, Androw Andersoun, and Jhone Kellie, flescheouris ; and dis. siclyke, Archibald Wischert, Androw Hog, Robert Mwrray, Androw Miniman, Jhone Fairfull, William Andersoun, Alex- ander Wod, Alexander Caid, smyth, and Thomas Zoung, mer- cheandis, being all personale befoir the ministrie, as thai quha wer laidfullie warnit to this day and accusit for keping of the mercat of Craill on the Sabboth day, and for violating of the said day aganis the fourt commandiment of Almychtie God ; and in thair presens the auld gude and godlie actis of this sessioun being red publiclie to thame anent the keping holie the Sabbath day, and speeiale ane act maid anent the said flescheouris upon the last day of Aprile, lxxij yeris ; 1 quhilk act the saidis flescheouris ratifeis and apprevis, and promissis to keip the samyn under the panis thairin contenit. And lykewyis the saidis flescheouris, and the haill remanent 2 personis mercheandis aboif w ritin, ar be the voce of the ministrie and sessioun, with thair awin consentis, decernit according to the Word of God to keip holy the Sabboth day in all tymes cuming ; and that the saidis flescheouris nor nane of thame, nather be thame selfis nor thair servandis, slay brek nor sell flesche, nather in this citee nor yit in Craill, nor in na uther part within this realme, upon the Sabbot day ; and als that the saidis mercheandis, nor nane of thame, nather be thame selfis nor thair servandis, travell to Craill mercat, nor to nane uther mercat, on the Sabboth day, 3 nor that thai sail na kynd of geir, in na mercat 1 Supra, pp. 364, 365. 2 Rcmameut in MS. 3 In England, Henry the Eighth's monastic commissioners ' had been directed to enforce an abrogation of the superfluous holydays ; they had shown such excessive zeal that in some places common markets had been held under their direction on Sundays ' (Froude's History of England, iii. 98). The Scotch Reformers on the other hand were anxious from the first to suppress Sabbath markets, and resolved in 1562 to supplicate the Queen to that effect {Booke of the Universall Kirk, i. 19, 30) ; and approached the Regent on the same matter in 1575 {Ibid. i. 339). At length in 1579, Parliament ratified an Act of James the Fourth, forbidding the holding of markets or fairs on holydays, or in churches 480 REGISTER OF within this realme, on the Sabboth day ; bot that thai, and ilk ane of thame, keip the samvn holy according to the Word and commandiment of the eternall God, under the pane of excluding and debarring thame selfis, thair wvfis, barnis and or church-yards on any day, and, ' seing that the Sabboth dayis ar now com- mounlie violat and brokin alsweill within burgh as to landwart, to the greit dishonour of God, be halding and keiping of the saidis mercattis and fairis on Sondayis, using of handy laubor and working thairon,' &c, ordained that no markets or fairs be held on that day under pain of escheating of the goods to the use of the poor, and that no work be used on that day, nor gaming and playing, passing to taverns and alehouses, selling of meat or drink, nor wilful remaining from the parish kirk in time of sermon or prayers on that day. The penalty for working was ten shillings, for the other breaches twenty. Those who refused or were unable to pay these sums were to be put in the stocks for twenty-four hours {Acts of the Parliaments of Scotland, iii. 138). In October 1 581, because no execution had followed the Act against Sabbath markets, the Assembly desired that the Parliament then sitting might take further order, and that some punish- ment be appointed to the magistrates who did not execute it {Booke of the Uni- versall Kirk, ii. 536) ; and on the 29th of the following month, in ratifying the liberties of the Kirk, Parliament ratified the Act of 1579 {Acts of Parliament, iii. 211). In 1587 Parliament changed the market of Crail, which had been held on Sunday since the days of Robert the Bruce, to Saturday [Ibid. iii. 507). The old habits were not so easily eradicated, for in March 1589-90, in August 1590, and in July 1591, the Assembly were constrained to return to the charge {Booke of the UnrverscUl Kirk, ii. 748, 749, 769, 776, 784). In 1592 Parliament declared it lawful for those towns and parishes whose markets had been pre- viously held on the Sabbath to choose other days of the week {Acts of Parliament, iii. 548) ; and in 1593 and 1594 ratified the former Acts, and made more stringent provision for their observance {Ibid. iv. 16, 63). But in 1596, the Assembly had still to lament that the ' keiping of mercatts ' was one of the common forms of Sabbath profanation {Booke of the Universall Kirk, iii. 874). For the better observance of the Sabbath, Parliament ordained in 1 598 that each Monday should be kept as a pastime day {Acts of Parliament, iv. 160). Even when the markets were held on Monday they led to Sabbath desecration. Baillie says : — 1 For remedie heerof, many supplications have been made by the Assembly to the Parliament : but so long as our bishops satte there, these petitiones of the Church were alwayes eluded : for the praelats labour in the whole iland was to have the Sunday no Sabbath, and to procure by their doctrine and example the profanation of that day by all sorts of playes, to the end people might be brought back to their old licentiousnes and ignorance, by which the Episco- pall Kingdome was advanced. It was visible in Scotland, that the most eminent bishops were usual players on the Sabbath, even in time of divine service. And so soone as they were cast out of the Parliament, the Churches supplications were granted, and acts obtained for the carefull sanctification of the Lords day, and removing of the mercats in all the land from the Munday to other dayes of the week' {Review of Bramble' s Faire Warning, 1649, p. 42). The Acts to which Baillie refers were passed in 1640, 1644, and 1646. ST. ANDREWS KIRK SESSION. 481 servandis fra all benefete of the kirk in tyme cuming, to witt, [fra] 1 baptisme of thair barnis, fra the Lordis Supper and fra mariage, and forder under the pane of excommunicatioun, as the kirk sail pleis injune to thame for thair faill. Die secundo mensis Mail, anno locxocij 0 - The quhilk day, the sessioun ordanis Margret Clepen to be ciepen. warnit to compeir befoir thame this day aucht dayis, to ansuer anent hir obedience; uther wyis, if sche compeir nocht, the kirk will proceid aganis hir with detfull ordour to excommuni- catioun. Die Mercurii, nono Mail, 1582. The quhilk [day], 1 it is thocht meit be the sessioun that the ^ n £ nt t ^p o Bischop, Mr. William Cok, Mr. Dauid Russell, Mr. Martine minister. Geddy and Alexander Wynsister pas and confer with my Lord Rij ' of Marche, for gude ordour to be takin for Mr. Robert Pont minister, and for his stipend, that he may be hestit to cum hame, and to report ansuer this day aucht dayis. 2 1 Omitted. 2 Robert Pont, who had been one of the early elders of the St. Andrews congregation, was now a Senator of the College of Justice, and held the Provostry of Trinity College Edinburgh, as well as the first charge of St. Cuthbert's or West Kirk. The Earl of March was Commendator of the Priory of St. Andrews (p. 232, n.), and, according to James Melvill, he 'colluded with the rewallars of the town to hald the ministerie vacand, and in the mean tyme tuk upe the stipend, and spendit the sam, with the rest of the kirk-rents of the Pryorie, at the goff, archerie, guid cheir, &c.' (Melvill's Diary, Wod. Soc. p. 126). Scott enters Pont among the ministers of St. Andrews at this date [Fasti, ii. 388). At the end of April 1583, in the General Assembly, 1 Mr. Robert Pont declairit, that, with lose of his heritage and worldlie commoditie, he had proponit to sitt down in Sanct Androes, and had served on his awin charges a whole year, and could not have any equall conditiouns of living, no, not the least provisioun that any had that past befor, and now altogither his heart is abstractit from them ; praying the Kirk not to lay the charge upon him against his will ' [Booke of the Universall Kirk, ii. 620). This declaration seems to bear out Scott's statement ; but there is nothing in the Register to show that Pont served as minister here ; indeed, there is one entry, which will appear in the second part, from which it may at least be inferred that he did not serve here for a whole year. For more information about Pont than is contained in the works mentioned on p. 2, n. 4, see Wodrow's Collections upon the Lives of the Reformers, Maitland Club, vol. i. 2 H 482 REGISTER OF Tikket of har- lottis to the majestratis. Rij. Confess io Sowter alias Robertsoun, Walker, rij. Thomsoun, Downy. The quhilk day, the sessioun ordanis the clerk to gif ane tikket to the Bischop, to be gevin to the majestratis of this citee, of Margret Clepen and utheris inobedient adultraris, and of utheris wicket harlottis within this citee, that the majestratis may tak ordour with thame ; and the Bischop to report ansuer this day audit dayis. The tikket is deliverit. Mergret Clepen wes warnit to this day, and contempteuslie disobeyit. The quhilk day, Agnes Sowter alias Robertson confessis sche is with barne to Patrifk] Walker, and that the first tyme sche hed to do with him wes ane yeir syne in Margret Moncurris hous, and that the barne wes gottin about Zwil[l] last wes, in the said Margretis hous. Sche confesis also that sche buir ane madin barne befoir in fornication to Donald Sutherland, now servand to the young Laird of Blabow. Sche submittis hirself to discipline. The sessioun ordanis Patrik Walker and Donald Sutherland to be warnit to this day aucht dayis. The quhilk day, in the caus persewit be Cathrine Thomson aganis Jhon[e] Downy, anent injuris, the sessioun remittis the injurie done to the said Cathrine to be decidit befoir Provest and bailyes of this citee as civile majestratis ; bot this day being assignit to preif the blasphemy spokifn] aganis the holy communion and sacrament of Christ Jesus, the said Jhone being also laidfullie warnit to this day to heir probationis deducit thairupon, and he, oftimes callit, comperit nocht, ressavit Alexander Ramsay tailyeour, witnes, suor[n] and examinat, deponis on his conscience that he hard the said Jhone speik na blasphemy aganis the sacrament. Cristene Thomson, being also ressavit suorn and examinat, deponis on hir conscience that sche hard Jhone Downy say, tyme libellat . . . ?■ with mony utheris injurous words odious to be hard or put in wreit. Beatrix Pratt, Margret Brabanar and Beatrix Gibsoun, witnes, also being all ressavit, suorn and examinat severalie, deponis ilk ane, on thair consciences, conform to Cristene Thomson witnes in all thingis. The sessioun statut to pro- nunce liter atorie, and ordanit the haill sait to be warnit to this day aucht dayis, with the majestratis to advys heirupon. 1 The expression is very coarse. ST. ANDREWS KIRK SESSION. 483 Die Mercurii, decimo sexto Maii, anno Ixxxij 0 - The quhilk day, the sessioun hes concludit that na mariage Na mariage to proceid betuix Henrie Quisme and Elspot Rikkert, quhill pro- Q^sme and"* ductioun of ane sufficient testimoniall of the departure 0 f R,kkert - Margret Bowsy, Henreis first spous. The quhilk day, Agnes Sowtar and Patrik Walker fornica- Walker, touris being confrontit, Patrik denyis the barne that Agnes is Lettres. with to be his, becaus he denyis on his conscience that he hed evir carnall daill with hir bot anis, that wes in Margret Mon- curris hous tua yeir sensyne. And Sowtar being inquirit, in Patrikis presens, howft sche hed to do with Patrik, ansueris money sindry times, and in diveris places, quhen he plesit, and spetialie amangis the craigis at the partane sey, and in Jhone Martinis yaird, and the last time sche hed to do with him wes a litill eftir harvest last wes. Margret Moncur, witnes, being ressavit, suorn and admittit, and examinat for triall of the mater, and inquirit how lang it is sen Sowtar duelt in hir hous, ansueris tua yeir cum Witsonday. The parteis submittis thame to discipline. The sessioun continewis the mater quhill forder triall may be hed in this mater. Die pemdtimo mensis Mali, anno Ixxxij 0 - The quhilk day, comperit Jhone Scheves and Margret Clepen jhone Scheves adultrates personilie befoir the sessioun, quha promist faith- ^ nd Mar s ret . ..... . Clepennis fullie to mak satisfactioun and humiliatioun for thair adultrie promisof humi- conforme to the ordinance of the kirk, to witt, the said Jhone 1 1 ' Scheves promist to begyn his humiliatioun upon Sonday nixt- tocum, and the said Margret promist to begyn upon Sonday cum aucht dayis, and sa furth to continew ilk Sonday, thair owk about, in humiliatioun, according to the ordinance of the kirk, quhill the kirk be satisfeit. Die Mercurii, decimo tertio Junii, anno octuagcsimo secundo. The quhilk day, Jonet Dewar confessis hir to be with barin Confissw* Dewar, Caid. Baith satisfeit. 1 Confesso in MS. 484 REGISTER OF to Alexander Caid smyth. Sche submittis hirself to discipline. Alexander is ordanit to be warnit to this day aucht dayis. Walker, Stewart, rij. Die Mercurii, xx° therms Junii, anno octuageshno secundo. Downy, rij. The quhilk day, the sessioun ordanis Jhone Downy to be warnit to this day aucht dayis, to ansuer befoir thame for the blaspheme spokin be him aganis the sacrament of the Lordis Supper, and to ressaif injunctionis thairfor ; with certificatioun, if [he] 1 compeir nocht, he salbe oppinlie admonisit in the kirk, Sonday cum aucht dayis. The quhilk day, becaus Patrik Walker and Elspot Stewar, [quhilkis] 1 wes warnit to compeir befoir the sessioun to this day, to haif ansuerit upon the dilation gevin in aganis thame, as wes verefyt be the official*, comperit nocht, the sessioun ordanis thame to be warnit to this day aucht dayis, with certi- ficatioun if thai failye publict admonition to pas agans thame. Caid, Dewar. The quhilk day, Jonet Dewar and Alexander Caid fornica- touris, being confrontit, thai confess carnall copulation to- gidder, and that the barne Jonet is with is Alexanderis barne. Thai submittand thame selfis to discipline, Jonet to entir in presson, Setterday nixttocum, and Caid Satterday cum aucht dayis ; and thaireftir on Sonday cum aucht dayis, thai baith togidder to mak humiliation conforme to the ordour. Lawsoun, rij. The quhilk day, Jhone Lawsoun baxter is ordanit to be warnit to this day aucht dayis, to ansuer super inquirendis. Satisfactio Downy. The land com- munioun to be ministrat. Die Mercurii, quarto Julii, anno loexoc'i) 0 - The quhilk day, Jhone Downy, at decrete and command of session for blasphemy spokin be him aganis the sacrament of the Lordis supper, upon his knewis, in presens of the sessioun convenit for the tyme in counsal hous, maid humiliatioun, and promist to mak forther satisfaction, als great and oft as the kirk sail injune and pleis require. The quhilk day, it is concludit be yoit of sessioun that the land communioun be ministrat upon Sonday, the penult of Julii 1 Omitted. ST. ANDREWS KIRK SESSION. 485 instant, and that examinatioun begyn Mononday cum audit dayis, the xv of Julii instant. Die MercurU, undechno Julii, 1582. The quhilk day, Patrik W alker and Elspot Stewar, being Walker, baith present befoir the sessioun, confessit carnall copulatioun sowtar, rij. togidder under promis of mariage, and wer baith content to marie togidder. The sessoun continewis thair mariage quhill the parentis consentis be obtenit and schawin thairto ; and als, thai, submittand thame to discipline, ar decernit to mak satisfactioun for thair offence befoir the mariage, conforme to the ordour ; and also ordani[t] Patrik Walker befoir all uther thingis to mak publict repentance as an[e] fornicatour for harlotrie committit be him with Agnes Sowtar. And the session ordanis Sowtar with hir maidwyfe to be warnit to this day aucht dayis, for triall to be takin betuix Patrik and Sowtar ; and forder Patrik and Elspot Stewart ar commandit be the session to abstein fra utheris carnall societie quhill the marage be endit. Die xmj t0 mensis Augusti, anno loeocx'ij 0 - The quhilk day, the sessioun ordanis Issobell Duncane to Duncane. mak humiliatioun upon Son day nixttocum, upon the penitent stuill, for fornicatioun committit be hir with William Zwill. and thaireftir to be marriit with [blank]. Die Mercurn, duodecimo 1 Septembris, anno hwdij'- The quhilk day, Patrik Walker confessis he hes hed carnall Walker, Hiilok, daill with Bessy Hiilok in Sanctnicolais, upon Weddinsday r!J ' befoir the sengze day last wes. The sessioun ordanis him and the said Besse to be warnit agane to this day aucht dayis. 1 Diwdeano in MS. 486 REGISTER OF ST. ANDREWS KIRK SESSION. Die Mercurii, vigesimo sexto Septembris, anno Ixxxif Monitio The quhilk day, Jhone Budge younger is oblist and actitat, Budgef* °f n ^ s awm propir consent, to pay ouklie to Agnes Angous quhill this tyme tuelf moneth, for sustentatioun of the barne procreat betuix thame, twelf penneis ; and siclyke to pay for the said Agnes housmaill quhill this day tuelf month, quhair evir sche duellis, quhat evir it be. END OF VOL. I. Printed by T. and A. Constable, Printers to Her Majesty. at the Edinburgh University Press. REPORT OF THE SECOND ANNUAL MEETING OF THE SCOTTISH HISTORY SOCIETY. The Second Annual Meeting of the Society was held on Tuesday, October 30th, 1888, in the Professional Hall, George Street, Edinburgh, — Professor Masson presiding. The Secretary read the following letter from Lord Rosebery, who had been announced to preside at the meeting: — ' Dalmeny Park, Edinburgh, 2^th October 1888. ' Dear Mr. Law, — I am extremely annoyed to find that, owing to a confusion of dates, I cannot be with you to-morrow. A month ago I accepted an engagement to go into Lanarkshire for a day and two nights. I was under the impression that our meeting of the History Society was fixed for to-day. I cannot forego my other engagement at the last moment, and am con- vinced that you will easily find a better chairman than myself to preside at to-morrow's meeting. Nor is any chairman necessary to demonstrate the vigour and vitality of our Society, which opens out such prospects of usefulness, and which will, I hope, not lay down its arms without having made an unrivalled contribution to the history of Scotland. The great point is to attract the notice and the confidence of owners of mss. and other historical materials o who may be disposed, by intrusting them to us for printing, to put them beyond the chances of fire and time. I must end by adding how real is the disappointment I feel at not being with you to-morrow. — Yours very truly. Rosebery.' The Secretary next read the Report by the Council, as follows : — Since the original list of 400 subscribers was completed, there have been 18 vacancies. These have been filled up, and there still remain 34? names on the list of applicants waiting for admission. All the new members have up to this date been supplied with the volumes of the first year's issue on payment of a double subscription. There are, however, no remaining copies of Pococke.s Tours, and onlv three copies of Cunning- ham** Diary. The first volume due for the current year, The Grawe'uh edited by the Rev. Canon Murdoch, is now ready for issue. Some apology is due to members for the slight delay which lias occurred in the completion of the Register of the Kirk Session qf St. Andrews. The delay, however, is due only to the extreme care which the editor, Mr. Hay Fleming, lias taken to ensure accuracy by collating his proof-sheets with the original manuscript, letter by letter. The text is now in print, and the volume only awaits the editor s preface. It will be in the hands of members in a few weeks. On the other hand, two of the three volumes announced for next year are in a forward state. Mr. Goudie has collected some valuable materials to illustrate the local history of Dun- rossness, etc., in the Shetlands, in reference to the diary of the Rev. John Mill, which is ready for the press. The narrative of Mr. James Nimmo, the Covenanter, is also transcribed and ready for the printer. These will be followed in the course of the year by a second volume of the St Andrews Register. The first publication of our fourth year will be Mr. Archi- bald Constable's translation of Major's History of Scotland. A 3 portion of the work has already been done, and makes most interesting reading. The promised introductory memoir of Sheriff Mackay is now in the editor's hands. 'Major 1 will be accompanied by a volume of Glamis Papers, to be edited by Mr. A. H. Miliar (author of The Burgesses of Dundee) from the archives at Glamis Castle, which have been placed at the disposal of the Society by the kindness of Lord Strathmore. These papers consist of the Book qf Record, written by Patrick, first Earl of Strathmore (died in 1695), giving an account of his restoration and decoration of Glamis Castle and Castle Lyon, now Castle Huntly, in the Carse of Gowrie, under the direction of Inigo Jones ; a diary or household book of Lady Helen Middleton, afterwards Countess of Strathmore ; an account-book of the Earl's valet, and other documents bearing on the social life or on the state of trade and the industrial arts in Scotland at the close of the seventeenth century. Among other works in contemplation may be mentioned the Diary of Andrew Hay of Stone, near Biggar, afterwards of Craignethan. Hay was a zealous Presbyterian, and a constant correspondent of Johnston of Warriston at the time when General Monck was on his march towards England. The diary is written in an original and quaint style, and is interesting for its local allusions, which will be elucidated by the editor, Mr. A. G. Reid of Auchterarder. Sir George Clerk of Penicuik has been good enough to permit the Society to publish an autobiography of his ancestor, Sir John Clerk, Baron of the Exchequer and Commissioner for the Union. This autobiography, made up from journals kept regularly by the writer from his twenty-sixth year, is carried down to within a few months of his death, which took place in 1755. The book deals largely with domestic and family matters, but it is also the record, by an eminent Scotsman, of an active life spent in literary and antiquarian pursuits as well as in public affairs, and as such cannot fail to be welcome to the Society. Members are to be congratulated on having 4 secured for an editor of this volume Mr. J. M. Gray, the Curator of the National Portrait Gallery. The Council have also resolved to publish from a manu- script in the Advocates' Library a translation, with the original Latin, of an inedited treatise on the Union of the Crowns of Scotland and England, written by the famous Scottish lawyer, Sir Thomas Craig, who was appointed by the Parliament of Scotland as one of the Commissioners for the treaty of Union of 1604. Though not strictly historical in form, this learned work treats of a most important moment in the national his- tory from the point of view of a Constitutional lawyer and statesman, and abounds in historical illustration. It appears, therefore, to the Council to very properly fall within the scope of the Society's work. The Rev. A. W. Cornelius Hallen undertakes to edit a volume of extracts from the diaries and household books of Sir John Foulis of Ravelston (1679-1707), and of Dame Hannah Erskine, wife of John Erskine of Balgownie (1675-99). The Society will also be glad to learn that Professor Mitchell of St. Andrews will write an historical introduction to the Minutes of' the Commission of the General Assembly^ 1646-1662, and otherwise assist in the preparation of this work, which is under the editorial care of Dr. Christie. Lastly, the Council have great pleasure in announcing that Lord Rosebery lias signified his intention to print and present as a gift to the members of the Society some valuable papers on the Rebellion of 1745. These will consist of official lists of rebels furnished to the Government by the officers of Excise in the various districts of Scotland. In these lists there are no less than 2520 names of rebels, with descriptions of their rank or occupation, and occasionally the value of their property, together with the acts of rebellion of which they were accused, and in some cases the names of the informers against them. No lists of this character and extent have hitherto been made known. The special thanks of the Society are due to Lord 5 Rosebery for this appropriate and valuable gift. No copies of this work will be printed for sale or reserved for future mem- bers. The gift will be strictly limited to the existing members of the Society at the date of publication. Three members have, according to the rules, retired from the Council, viz. Mr. Omond, Mr. Russell, and Sir Arthur Mitchell. It is proposed that the Rev. Dr. Sprott and the Rev. A. W. Cornelius Hallen take the places of the first two, and that Sir Arthur Mitchell be re-elected. The Treasurer, in submitting the financial statement for the year (hereto appended), suggested that i?150 of the balance should be set aside to form a reserve fund to meet contin- gencies. The Chairman, in moving the adoption of the Reports, said the condition of the Society was extremely prosperous in every way. He thought their publications were such as not only to justify the existence of the Society, but to prove that there existed material for valuable operations on the part of the Society. They were about to issue The Grameid and The Register of the Kirk-Session of St. Andrews as the volumes for the second year. The only thing that need be noted about the companionship of these two was that it was a proof that the Society was not a partisan society. It aimed at representing Scottish feeling and Scottish fact because it was Scottish feeling and Scottish fact, and not because they agreed with it or did not agree with it. Next year they would have a diary of Shetland, and the narrative of a Covenanter, the latter of which he had read and found extremely curious. To look forward another year, they had that admirable book, Major s History of Scotland, which was the first-fruits of a modification made in their constitution last year, when Lord llosebery was present, by which they were enabled, when they found an important book illustrative of Scottish history in any other tongue than the English, and rather inaccessible, to bring such a volume within their scope. Mr. Constable was translating it for the first time. It was really amazing that so curious a book, by a man of 6 such peculiar temperament, jocosity, and advanced ways of think- ing, should have been left for that Society to make accessible. With that volume would be issued a new volume of the Glamis Papers, and he thought they ought not to pass from that without expressing their indebtedness to Lord Strathmore for consenting to the publication of these domestic records. There was also the diary of Andrew Hay of Stone ; and Sir George Clerk of Penicuik had very handsomely placed at their disposal a very interesting autobiography of an ancestor of his. Then they had a treatise on the Union, which had never appeared before, by Sir Thomas Craig, who, he thought, had the best brain among the lawyers of his day. It was unfortunate that the ablest Scottish intellects at that time, and for a century or two, employed Latin in their writings. The state of the Scottish mind would have been very different if it had not happened that, following the example of the great George Buchanan, people did not write in the vernacular. The conse- quence was that a number of excellent themes that should be flowing in our veins as natural traditions, remained as lumps upon the wayside. Lord Rosebery, whose absence they regretted, was to present to the Society an excellent volume on the Rebellion of 1 745. It was additionally valuable as a proof that Lord Rosebery was not merely the nominal founder of the Society, but had his heart, and when necessary his purse, at the centre of their affairs. Dr. George Burnett, Lyon- King-of- Arms, seconded the motion, and the Report, with the proposal of the Treasurer to form a reserve fund, was unanimously adopted. The Rev. Dr. Sprott, the Rev. A. W. Cornelius Hallen, and Sir Arthur Mitchell, K.C.B., were elected Members of Council. The Lord Provost (Sir Thomas Clark), in proposing a vote of thanks to the Secretary, Treasurer, and Chairman, mentioned that there was a large amount of valuable matter to be found in the archives of the Town Council, and suggested that the Society might devote some attention to it. Mr. Skinner, Town-Clerk, intimated his willingness to render what service he could to the Society in that connection, and the Chairman said the suggestion should not be lost sight of. ABSTRACT of the TREASURER'S ACCOUNTS for year to 1st November 1888. Charge. Balance from last year, . . . £66 17 7 47 Subscriptions in arrear, for 1886-7, . . 49 7 0 400 Subscribers for 1887-8, at ,£l, Is., . 420 0 0 2 New Members admitted during year to supply vacancies, . . . . .220 34 Libraries at £l, Is., . . . . 85 14 0 Copies of previous issue supplied to new members, . 18 18 0 £5.92 18 7 Interest on Bank Account and Deposit Receipts, . 6 13 11 Sum of Charge, . . £599 12 () Discharge. I. Incidental Expenses — Printing and posting Circulars, £6 7 1 Stationery (including Receipt-book), 3 15 () Postage, addressing, and delivery of copies, 14 19 10 Stamps for lettering of cloth covers, 4 17 6 Copies of Major's Hisloria (1521, 1740) for editor, . Q 6 6 Hire of room (Dowell's), 1 l 0 Postages of Treasurer and Secretary, C) 18 8 Clerical work, 4 15 9 List of members and report (bound with the Grameid), 9 10 0 Charges on Cheques, 1 0 6 51 12 4 8 Brought forward, £51 12 4. II. The Grameid — Composition, press-work , and paper, £80 9 9 Proofs and corrections, . 38 6 0 Drawing and lithographing of the Philp monument, . .570 Binding and back-lettering of 480 copies, . . . . IS 10 0 Transcripts, . . .500 147 12 9 £199 5 l III. The St. Andrews Register (expenses incurred to date)— Composition, press-work, and paper, £82 7 0 Proofs and corrections, . 26 3 0 Transcript of ms., . 28 0 0 136 10 0 Total Expenditure, £335 15 1 IV. 18 Subscriptions in arrear, . . . 18 18 0 Balance in Treasurer's hands — Deposit Receipts, with interest, £205 5 3 Bank Balance, with interest, . 42 3 7 2 £248 2 5 Less 3 Subscriptions received in advance for 1888-<), . .3 3 0 244 19 5 Sum of Discharge, £599 12 6 Edinburgh, lot A November iSSS. — The Auditors have examined the Treasurer's Accounts for the year ending 1st November current, and find them correct and properly vouched, with a balance of two hundred and forty-four pounds nineteen shillings and fivepence at the credit of the Society. Ralph Richardson. Wm. Traquair Dickson. ^eotttsi) tytetoxy £>octetp THE EXECUTIVE. President. The Earl of Rosebery, LL.D. Chairman of Council. David Masson, LL.D., Professor of English Literature, Edin- burgh University. Council. Sir Arthur Mitchell, K.C.B., M.D., LL.D. Rev. Geo. W. Sprott, D.D. Rev. A. W. Cornelius Hallen. W. F. Skene, D.C.L., LL.D., Historiographer - Royal for Scotland. Colonel P. Dods. J. R. Findlay, Esq. George Burnett, LL.D., Lyon-King-of-Arms. J. T. Clark, Keeper of the Advocates' Library. Thomas Dickson, LL.D., Curator of the Historical Depart- ment, Register House. Right Rev. John Dowden, D.D., Bishop of Edinburgh. J. Kirkpatrick, LL.B., Professor of History, Edinburgh University. ^neas J. G. Mackay, LL.D., Sheriff of Fife. Corresponding Members of the Council. Osmund Airy, Esq., Birmingham ; Very Rev. J. Cunningham, D.D., Principal of St. Mary's College, St. Andrews; Professor George Grub, LL.D., Aberdeen ; Rev. W. D. Macray, Oxford; Professor A. F. Mitchell, D.D., St. Andrews ; Professor W. Robertson Smith, Cambridge ; Professor J. Veitch, LL.D., Glasgow ; A. H. Millar, Esq., Dundee. Hon. Treasurer. J. J. Reid, B.A,, Advocate, Queen's Remembrancer. Hon. Secretary. T. G. Law, Librarian, Signet Library. RULES. 1. The object of the Society is the discovery and printing, under selected editorship, of unpublished documents illustrative of the civil, religious, and social history of Scotland. The Society will also undertake, in exceptional cases, to issue translations of printed works of a similar nature, which have not hitherto been accessible in English. 2. The number of Members of the Society shall be limited to 400. 3. The affairs of the Society shall be managed by a Council consisting of a Chairman, Treasurer, Secretary, and twelve elected Members, five to make a quorum. Three of the twelve elected members shall retire annually by ballot, but they shall be eligible for re-election. 4. The Annual Subscription to the Society shall be One Guinea. The publications of the Society shall not be de- livered to any Member whose Subscription is in arrear, and no Member shall be permitted to receive more than one copy of the Society's publications. 5. The Society will undertake the issue of its own publica- tions, i.e. without the intervention of a publisher or any other paid agent. 6. The Society will issue yearly two octavo volumes of about 320 pages each. 7. An Annual General Meeting of the Society shall be held on the last Tuesday in October. 8. Two stated Meetings of the Council shall be held each year, one on the last Tuesday of May, the other on the Tuesday preceding the day upon which the Annual General Meeting shall be held. The Secretary, on the request of three Members of the Council, shall call a special meeting of the Council. 9. Editors shall receive 20 copies of each volume they edit for the Society. 10. The owners of Manuscripts published by the Society will also be presented with a certain number of copies. 11. The Annual Balance-Sheet, Rules, and List of Members shall be printed. 12. No alteration shall be made in these Rules except at a General Meeting of the Society. A fortnight's notice of any alteration to be proposed shall be given to the Members of the Council. PUBLICATIONS. Woi'ks already Issued. 1887. 1. Bishop Pococke's Tours in Scotland, 1747-1760, Edited by D. W. Kemp. 2. Diary of and General Expenditure Book of William Cunningham of Craigends, 1673-1 680. Edited by the Rev. James Dodds, D.D. 1888. 3. Panurgi Philo-caballi Scoti Grameidos libri sex. — The Grameid : an heroic poem descriptive of the Campaign of Viscount Dundee in 1689, by James Philip of Almerieclose. Edited, with Translation and Notes, by the Rev. A. D. Murdoch. 4. The Register of the Kirk Session of St. Andrews. Part i. 1559-1582. Edited by D. Hay Fleming. In Preparation. Diary of the Rev. John Mill, Minister of Dunrossness, Sand- wick, and Cunningsburgh, in Shetland, 1742-1805, with original documents, local records, and historical notices relating to the District. Edited by Gilbert Goudie, F.S.A. Scot. A Narrative of Mr. James Nimmo, a Covenanter. 1654-1708. Edited by W. G. Scott Moncrieff, Advocate. The Register of the Kirk Session of St. Andrews. Part ii. 1583-1600. Edited by D. Hay Fleming. 4 PUBLICATIONS. List of Persons concerned in the Rebellion (1745), with Evi- dences to prove the same, transmitted to the Commissioners of Excise by the several Supervisors of Excise in Scotland. Presented to the Society by the Earl of Rosebery. Glamis Papers ; including the e Book of Record/ written by Patrick, first Earl of Strathmore (1647-95), the Diary of Lady Helen Middleton, his wife, and other documents, illustrating the social life of the seventeenth century. Edited from the original manuscripts at Glamis Castle by A. H. Millar. John Major's De Gestis Scotorum (1521). Translated by Archibald Constable, with a Memoir of the author by tEneas J. G. Mackay, Advocate. The ry of Andrew Hay of Stone, near Biggar, afterwards ( Craignethan Castle, 1 659-60. Edited by A. G. Reid, } .A. Scot., from a manuscript in his possession. The Records of the Commission of the General Assembly, 1646-1 662, Edited by the Rev. James Christie, D.D., with an Introduction by the Rev. Professor Mitchell, D.D. In Contemplation. ' The History of my Life, extracted from Journals I kept since I was twenty-six years of age, interspersed with short accounts of the most remarkable public affairs that happened in my time, especially such as I had some immediate concern in/ 1702-1754. By Sir John Clerk of Penicuik, Baron of the Exchequer, Commissioner of the Union, etc. Edited from the original ms. in Penicuik House by J. M. Gray. Sir Thomas Craig's De Unione Regnorum Britannle. Edited, with an English Translation, from the unpublished manuscript in the Advocates' Library. The Diaries or Account Books of Sir John Foulis of Ravelston, (1 679-1 707), and the Account Book of Dame Hannah Erskine (1675-1699). Edited by the Rev. A. W. Cornelius Hallen. BOSTON COLLEGE 3 9031 01211672 9 DA 750 .S25 v.* Scottish hlsUtxy soci©t#r< Bapst Library Boston College Chestnut Hill, Mass. 02167