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Full text of "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 Superintendent of Fife, Fothrik, and Strathearn. 1559-1600 .."

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PUBLICATIONS 



OF THE 



SCOTTISH HISTORY SOCIETY 



VOLUME IV 



ST. ANDREWS KIRK SESSION REGISTER 



PART I 



February 1889 






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TOMBSTONE OF JOHN WYNRAU 
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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 8TBATHEARN. 
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 



^' 







• • • 






• • 









.*, 












• • • 



• • 






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, Hhe 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 
Creorge 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 1668, however, wonderfully hastened the 
ripening process, and when Knox returned to the city in 
June 1669 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 modem 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 28d 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/ ^ In January 1571 -S 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;* and, besides these, other thirty-one 
of the clergy had joined the Reformers by the 17th of 
March 1559-60. Many members of the Univei'sity also 
forsook their former faith, for the first Greneral Assembly 
deemed twenty-one *in St, Androes"* qualified *for ministre- 
ing and teaching,'' 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.**^ 
The General Band or Covenant which was ^ maid betuix the 
Lordis and Baronis of Congregatioun,'' at Edinburgh, on the 
13th of July 1559, and of which no copy seems to have been 

^ Laing^s JCnox, vi. 26. 

- Book€ofthe Universall Kirky 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 Dim Andreae^ pp. 169, 170). 

' 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 ^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,^ 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 pf 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 Ho be pundit ** involved the payment of ^ane half 
stayne '* of wax, besides the ' unlaw ' to the bailies. By 
one of the rules every brother of the craft had to * 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 crd, 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.' But on the 28th of July 1660, 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 

^ On the authority of Spottiswooder 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 1571-2. 



PREFACE. ix 

at once and for ever.^ It is no wonder that next month the 
rulers of the nation acted with promptitude and unanimity. 
The country was already gained. ' On the face of the parlia- 
mentary record,^ says Hill Burton, ^ it would seem as if the 
Reformation in Scotland were the work of one day. On the 
morning of the S5th of August 1560, the Romish hierarchy 
was supreme; in the evening of the same day, Calvinistic 
Protestantism was established in its stead.^^ But this is 
inaccurate and misleading. Parliament ratified the Confessiaii 
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 : — ' Notwithstanding the reforma- 
tioun already maid according to Goddis Word, yit nottheles 
thair is sum of the same Papis kirk that stubbumlie perseveris 
in thair wickit idolatrie, sayand mes and baptizand conforme 
to the Papis kirk, prophanand thairthrow the sacramentis 
foirsaidis in quiet and secreit places.** ^ 

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* 
liameniy and in the canons of their own councils, nor are 
they lacking in this Register and the foot-notes. Nevertheless, 
r^arding 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 ! ' * Tlie 
effects of such ignorance, and of the pernicious lives of the 

* Bouk of the Hammermen of Sanciandrotu, MS., in St. Andrews University 
library. 

' History of Scotland, revised ed., iii. 383. 

' Acts of the Parliaments of Scotland , ii. 534, 535. 

^ Ad Illustriss, Tit, S. Stephani in Monte Coelio Cardinalem A Dauidem 
Betoun gratulcUorius panegyricus, Paris, 1540, fol. xxxiiii. 



X PREFACE. 

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 ' willing to wyn synneris wyth quietnes rather nor 
sevirite to repentans, evir hoping from day to day willing 
obedience and satisfaction.**^ 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 
sur&ce of scandals. They probed to the very core.*" ^ 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 1661. 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 ^ schawynn tham selfis tharby mere 
ignorant of Grodis Word and lawis, and plane inemeis to his 
trewth.' * 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.^ 

None of the names of the fourteen canons of the Priory 
mentioned as Protestants in January 1571 -S is to be found 
among those who signed the Greneral Band of 13th July 1559.* 
Probably they had left the district before it was adopted. 



* Edgar's O/d Church Life in Scoilaftd^ first series, p. 263. 

' Pp. $9-104. This process has been previously printed in the Bannatyne 
Miscellany y 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 Ctnerie instead of 
Ceverie. In 1556, 'John Bortwick, knight, and John Kellye his page,' were 
received into the membership of '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). 

' Pp. 116-123. Some of its peculiarities are pointed out in the note on pp. 
115, 116. * Pp. 6-1 1. 



xii PREFACE. 

On tlie 3d of February 1559-60, ten priests 'of there awin 

• 

fre motyve willis^ ratified the Band, and formally renounced 
idolatry, superstition, the mass, the Pope, and all his tradi- 
tions;^ 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.^ 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 M arch.^ Besides these, there 
is the special recantation of ' Dene Jhone Wilsoun, vicare of 
Sangome,'' and ' umquhile channoun of Halyrudehows,'' which 
he made in the parish kirk of St Andrews, in presence of the 
Admiral and Vice- Admiral of England.^ 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.^ The master hand of Sjiox 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 1669 
until the end of April 1660, and during part of that time, at 
least, acted as minister of the parish.® On the 13th of March 
another priest signed the recantation of the former twelve.^ 
With the exception of Wilson, probably all were local men.® 



^ Pp. 10, II. > Pp. 13, 14. ' Pp. II, 14, 15. * Pp. II, 13. 

» Pp. 16-18. « P. 27, n. ^ P. 15. 

* 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 
WemjTSS, chaplain at Leuchars (A^ 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. 41 1, 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 minbter of Crail, 
with consent of the Superintendent, more than seven months before the date of 
the recantation (Scott's Fastis ii. 415 ; Lee's Lectures, i. 336, 337). It was long 



PREFACE. xiii 

In 1673, 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.** ^ 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 ^ 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 Queue and Frenche men, fearing tham selffis to be 
put at.'^ 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 ^na signe of penitence^; and in 1568 he was 
suspected of fornication.^ Mr. John Setoun, who had become 
reader of Creich, was deprived of his office in 156S, 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 Knox, 

i. 556). 

^ Booke of the Universall Kirky i. 280. 

' Lesley's History of Scotland ^ Ban. Club, p. 271. ^ pp^ 28, 309. 



xiv PREFACE. 

9 

of excommunication were decerned against him and Helen 
NicholL^ On the ISth of January 1563-4, letters of excommu- 
nication were likewise decerned against ^Schir James Stanis, 
sumtym Papist preist and recanted.' ^ * Alexander Car, sum- 
tym called Schyr Alexander Car, and Madde Sanderis, aid 
fomicatoris, huyrmongaris rather,' in Balmerino, were com- 
pelled to marry in 1662 ; * next spring, * Johane Zeasteris, 
sumt3rm monk in Balmerinach,' and ^Eleyn Bunche' were 
constrained to do the same;^ and in 1564, ^Johane Ander- 
son, sumtym vicar of Glesche,' and ^Eufame Pattone' had 
to follow their example.* 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, ' ane stubbum Papist,' 
and ^ manifest indurit huyr-mongar,' 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 ^ all Cristianis fearing 
God ' to abstain from his company, and his ^ vicius lyff and 
inobedience' were to be made known to the Justice Clerk.* 
Letters of excommunication were decerned against ^ 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 witli 
other two priests for saying and hearing mass ; and, not ap- 
pearing, they were excommunicated.^ In October of that year. 
Sir Patrick Fergy was summoned for presuming * to prech and 
minister the sacraments wythowtyn lawfull admission, and for 
drawyng of the pepill to the chapell of Tulebame fra thar 
parroche kyrk.' On the same day, ' Schyr Johane Moreson, 
efter his recantacion admittit reader in Mithyll,' was summoned 
^ 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. 3 p, ,^6. 4 p. ,80, 8 p. ,9^ 

• 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 ' for dayly ministracion of the 
sacramentis and solemnizacion of mariageis on the Papisticall 
fiusson in the chapell of Sanct Gormoo, ane prophane hous sus- 
pendit ; and also for mantenyng of ane huyr in his cumpanye, 
quhai hes bom to hym twa bamis, as yit unbaptisit except it 
be by hymself or sum other Papist prest/^ 

In the recantation made by the fourteen priests in February 
1559-60, they confess, ' We haif ower lang abstractit ourselfis, 
and beyne sweir in adjuning us to Christes Congregatioun.** 
But others were much more * 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 ^ commanded, under paine of 
death, to desist frome their blasphemous masse." ^ 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 ^ admittit and decemit to be ansuerit of thar frutis ' ; 
but the deacons were ordained to uplift the fruits of the other 
three prebendaries.^ In the following June the case of John 



> Pp. 226, 227. ' Laing's A'wjr, vl 23. » 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.^ 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 oflFence, 
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 ^ 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, * 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 thar hows ; bot gyf the 
Superintendent or the minister had ocht to do wjrth 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 he again appeared, but ^ under 
protestacion of nocht admitting ony present his jugis.** From 
that day'*s proceedings it is learned that he had ^ beyn chargit 
divers tymmis to recant and adjone h3rmself to Cristis con- 
gregadone, 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 Heriors 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 ^ ane testimoniall ^ to that effect had 
been sent to Dundee. Mr. Thomas, still undaunted, insisted 
that he was not * ane member of the congregacion ' ; on which 
Wynram protested that *be frequenting and dayle residence 
mackeyn in this cite contrary to the proclamacion mayd aganis 
kjrrkmen,' he should therefore * incur the painis thretnet in the 
sayd proclamacion.''^ It was ordained that a supplication be 
directed to the magistrates, * 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."* * 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, ' and 
opinlie protestat that he imbrased alreddye the religion now 
resavit and mentenit, and promittit faithtfuUie to communicat 
w3rtht 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.''^ 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 ^ quhat religion he is of,^ and if he professed 
himself * ane Papist or of his aid and wonted religion, that he 
be emistlie required and requested to depart fra this citie,' with 
intimation * 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 J)e charged * to gev 



^ The proclamation may have been such an one as that indicated, p. 137, 
n. I ; or perhaps that of which the essential part is given, p. 270, n. 

' Pp. 135x38. • Pp. 317, 318. 

b 



xviii 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 treuly (accordyng 
to his conscience and testimone tharof) that ether ignorantly 
or of malice ** he taught wrong doctrine in the last sermon he 
made in this kirk.^ On the 29th of March 1564, James Lyell, 
' sumtym Papist prest,** who had recanted four years before, 
came under a new obligation.^ In September 1567 John 
Kinloqwhye signed the recantation, and next month Thomas 
Kynneir did the same.^ 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 
RoUand, were requested to give confession of their faith, * that 
according to Act of Parliament, we mycht understand quha 
kepit ane uthir face of religioun."* * Neither of them was pre- 
pared for instant compliance, and as RoUand, after giving in 
* sum ansuers in write," 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 writting sould nocht l>e 



> Pp. 169-171. - P. 191. » P. 15. 

* 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, 
correctioim 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 ecdesiasticall 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 
quietnes.'* Had the session been tyrannically disposed, his 
answer and anger would have evoked hasty and high-handed 
procedure. ^ Yit being of mynd to repres his stubbumes and 
be al meanis posseble to wyn hyra,'* it was simply resolved to 
warn him to appear five days later with liis answers in writing, 
* and gyf he comperis nocht the minister to proceid to public 
admonesing of hym, according to tlie ordour appointed be the 
kirk.'' ^ 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 faithtfuUie to the religioun and imbrased the 
sam,** and promised to partake of ^ Christis communione at the 
nixt ministration thairof/^ He did not fulfil liis promise, 
however, but excused his absence bv ^ seiknes and alteration of 
his bodie."*^ On tlie next occasion he made a very different 
answer : — ^ Qulien 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, Mt sal be procedit aganis liym to excommunicatioun, 
wythout forthir calling."* Laurence Dalglesche was more 
easily managed. He seems to have joined without the least 
hesitation in June 1569, and next August explained that * he 
baid nocht fra the communioun of set purpos nor hypocriti- 
callie.'*^ In February 1572-3, John Forret, vicar of Swinton, 
recanted, but the form has not been copied into the Regista'.^ 
On the 8th of March 1672-3, the Session ordained, *that tlie 
namis of the Papistis wythin this congregatioun be serchit and 
gevin in bil to the minister, that ordour ma be takin wytlit 



* P. 297- " 1*P- 3i9» 320. ' P. 322. 

* Pp. 352. 353- ^P- 318, 323. « p. 375. 



XX PREFACE. 

them according to Act of Parliament/^ 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, *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, * that all suspitioun of Papistrie 
in this reformat congregatioun be removit,^ it was ordained, 
*That the heal preistis that brukis ony fundatioun W3i:htin 
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.** ^ But so far as the Register 
shows no one appeared. 

In this age, permeated with what in the Solemn League 
and Covenant is termed detestable indifFerency,** tliese deal- 
ings of the Session with obstinate Papists will doubtless be 
regarded as flagrant infringements of the liberty of conscience, 

* P. 376. — The Act here referred to was passed on the 26th of January 
1572-3. It was ordained, 'that the lauchfuU 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 retumit 
to thair errouris efter thair confessioun anis gevin, that everie lauchfiill 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). > 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 156S, thus wrote to the 
Greneral of his Society : — 'The Pope exhorted her in defending 
the faith to follow the example of Queen Mary of England.** ^ 
It is almost unnecessary to recall the nature of that example. 
In * 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 Mediaevalism and their adher- 
ence to the doctrine of the English Reformation."*^ Gouda"'s 
statement may be accepted as correct so far as it goes, althougli 
found in a book remarkable for its misrepresentation of facts.^ 



* Forbes- Leith*s Narratives of Scottish Catholics^ 1885, p. 67. 

' Hard wick's History of the Church during the Reformation^ edited by Stubbs, 
p. 221. 

' 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 : — * Men of best knawledge in Groddis 
Word, of cleanest life, men faithful!, 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 witliin 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 decemyng 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 ^yorks the quotation is from ; 
but it will be found in his Li/e 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 : — ' 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 y{ thei be required, and be fund abill thairto.' 
Though the election ought to be yearly,^ the same men might 
be re-elected ; and as to ' how tlie voitis and sui&eigeis 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/ Before the First Book of Discipline was prepared,* 
there had been one election of elders and deacons at St. 
Andrews; and on the 1st of October 1561, Mn the session 
of Superintendent and ministeric of Sanctandrois,^ at which 
the Provost, bailies and town-council of the city, and the 
Rector and chief members of the University, were present, 
regulations were drawn up for future elections.^ 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;* twelve days after his election as 
Superintendent, Wynram, with the * holl ministerie,** 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;**^ and in Borthwick'^s case 
many of the University officials were consulted ;• but aft;er 
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 seaty assembly^ and 
session. Sometimes kirk is used in the same sense ; ^ and * con- 
sistory ' ® also occurs, as well as * the consistoriall court of the 
minister and eldaris.'^ Occasionally the terms are combined 



' 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 Knox, 1 861, p. 140). 
ap. 74, n. 3pp 1^2. *P. 26. '^ P. 75- 

« P. 103. " Pp. 296, 439. " P. 38. » P. 42. 



xxiv PREFACE, 



•* sessione and ministerie,'' ^ ' seat and ministerie/ *^ * ses- 
sioun and seniouris,^ ^ assemblie and sessioun,^ ^ ^ sessioun and 
kirk.^ * 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 — Hhe assemblie of eldaris and deakins of the 
sessioun of the citie of Sanctandros^^ and in 1571, Hhe heal 
brethir of the sessioun and membris thairof ^ are described as 
* minister, eldaris, and diaconis/ ® After election they all seem 
to have sworn the same oath, and promised to obey the same 
rules.^ 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.^ In one of the earlier minutes, 
a culprit is mentioned as having been called before the 'minister, 
seniouris, and counsall ^ ; ^ in another, as before the ' minister, 
eldaris, and counsall *" ; ^^ and at an earlier date than either of 
these, a summons runs in the name of the ' ministre, eldaris, and 
diacons."*^^ Perhaps the word * counsall' in the first two is 
equivalent to ' diacons ' in the third ; but all the three are prior 
to the First Book of Discipline. In the earlier minutes the 
phrase 'minister and elders' is used much oftener than '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 

* P. 82. 2 P. 315. ' P. 454. * P. 344. 

» P. 338. • P. 348. ' Pp. 3691 370, 400, 413, 420, 432. 

* 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 ant/ 
deacon* {0/d Church Life, second series, p. 6). 

* P. 29. w P. 38. " P. 22. 



PREFACE. XXV 

seven elders.^ In 1564, in a case of discipline, a supplication is 
sent to the magistrates from *the minister, eldaris and diaconis"*;^ 
and, in 1579, Hhe minister, eldaris and diaconis^ ordain and 
decern.' Letters of monition also run in their names ; ^ and 
so do sentences in such important cases as the vindication of a 
condemned heretic,^ and the commanding of a man to marry 
a woman against his will.® 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.'^ Moreover, there are 
indications that this practice was not confined to St. Andrews, 
that it was followed in Kirkcaldy,® Kinghom,® and Crail.^^ 
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;^^ 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.^ ^^ Even afler the adoption of the 
Second Book of Disciplines deacons were still regarded in St. 
Andrews as members of session ;^^ and the yearly elections 
were kept up, with more or less regularity, until 1600 ; but 
these points can be better discussed after the second part 
of this Register is in type. 



' P. 75. * P. 195. ' P. 439. 

* Pp. 261, 264. ' P. loi. ^ P. 220. 

7 P. 203, see also pp. 274, 311. » Pp. 53, 54. 

» Pp. 249, 250. ^*^ P. 258, 259. " Booke of the Univ, Kirk^ i. 43. 

*' Ibid, i. 264. — In 1 567, 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 *cr)'mes of incest and adulterie* {Ibid, i. m). " 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 was chosen as the regular day. 'The scoole 
of Sanct Leonardis College ^ was, at least, once the place of 
meeting,^ and 'the counsal-howse at the Auld College^ was 
similarly honoured.^ 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,*** or 'abone paroche kirk dur,^* or 'the consistory hows 
abone the porche dur of the paroche kirk,^^ or ^dominicula 
mipra porticum templi parochialts.''^ 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 
meetings 

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 "^ 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.® The Act was again ratified in 



» P. 22. - p. 23. 8 P. 129. 

* P. i8. *» P. 52. « P. 61. 

" Pp. 107, 342. * P. 72. 



PREFACE. xxvii 

October 1670,^ 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 ^ onforgevin ;' and in the following January it was ordained 
that, unless the absentees had a ^ lawful impediment, and the 
sam apprevit be the sessioun,** they should ^ be punisched 
according to the Act maid of befoir, wythtout exception of 
personis and forgeving to ony man/' Even this was not 
enough, for in July 1574, * in respect of the slaw convening of 
the brethir of sessioun to the ouklie assemblie,** the minister 
threatened to admonish them publicly from the pulpit 'to 
observe the ordour undir paine of excommunication/^ 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 * 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.** But in spite of 
penalty and threat, when an important case was to be tried, 
^ the haill sessioun ** 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:® the most notable refusal being that of Archibald 
Hamilton, who afterwards apostatised.^ 

It was on the 13th of April 1561 that Wynram was elected, 
in the parish church of St. Andrews, to be * Superintendent of 
FyfF, Fotheryk and Strathem,**^ or, as the extent of his diocese 

» P. 342. 2 p. 370. s p. 373. 4 p. 396. 

* Booke of the Univ, Kirk, i. 1 1 6. 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. 

*« P. 401. 7 P. 398. 8 P. 73. 



xxviii PREFACE. 

18 described in the First Book of Disciplim^ * the hoill schiref- 
dome of Fyffe and Fotheringharae, to Striveling; and the 
hoill schirefdome 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.^ In a somewhat remarkable case which affected 
himself, Wynram handed over the jurisdiction to the minister 
and elders * 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 barin' there, Wardlaw resented the intrusion, and de- 
clared ^ that he wald not be ane redar to Jhon Knox nor 
ony other in Scotland ' ; 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 sjmodal 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 Universtdl 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 lo 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 ' 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). ' 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 ! ' And on tlie following day, in presence of the heritors, 
he reviled Wynram, saying, *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 liot that he added, * Or I war not 
revenged of that fals smaik, I had lever renunce my part of 
the kyrk of God ! ** 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.^ 

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*^Ke was 
charged with imputing the dearth that then prevailed * to the 
Word and doctryne now teachet in this cietie.** 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 : — 
* The divell knok owt Johne Knox hames, for quhen he wald se 

» Pp. 82-89. 



XXX PREFACE. 

him hanget, he wald gett his sacrament ! ** and another with 
saying ; — * The divell ane kirk will I gang to ! and, The divell 
bum up the kirk or I come into it ! and, It wer gude that 
Knox war kend the gayt quhare fra he come ! ** ^ 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 : — * It is schame to yow that ar gentillmen 
that ye pull hym nocht owt of the pulpot be the luggis ! ' ^ 

Even before the appointment of the Superintendent two 
cases from other places were brought before the St. Andrews 
session. Alexander Lathrisk, indwellcr in Kirkcaldy, wished 
to divorce his wife, but Hhe 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 ' the ministeris 
and eldaris of Sanctandrois ** to do justice in the action. As 
Lathrisk^s wife was a notorious ofiender, there was little trouble 
in proving her guilt. Witnesses were produced, and also a 
* testiraoniall ' from eighteen of the inhabitants of Aberdour, 
who, with delightful simplicity, described themselves * 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 liave liberty to marr}' 
again, but referred * the pronunciatioun and publicatioun of the 
sentence to the minister of Kirkcaldy.** ^ The other case was 
brought before the session by the petitioner herself, Alison 
Calland, who in Januarv 1558-9 had been contracted and 

^ Pp- 33-36. - P. 107. » I'p. 5059. 



PREFACE. xxxi 

married after ^ the corrupted Papisticall maiier ' to James 
Alexander, indweller in St. M onans. 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: — *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 ' My lordis, minister and 
eldares of the Christiane congregatioun of the cietie of Sanct- 
androis;^ and besought their * lordschipes,** *with the weale 
avysed counsall of the eldaris of this said cietie, to call the said 
James Alexander before your lordschipes and them.**^ A 
' libellat citacion ** was granted to her ; and on the 5th of March, 
1560-61, both she and her husband appeared before the session, 
' submittyng tham to the jurisdiccione of this ministerie, and 
to the disciplin of the kyrk,** each of tliem finding caution that 
they *sall obey and fulfyll the jugment, determinacion, and 
sentence of this present ministerie, in this present cans, under 
payn of payment of twenty lib., as sowni liquidat to be rasit 
and distributit to the puyr.** Fully thirty witnesses were called 
and examineil ; and sentence in Alison''s favour was pronounced 
in the consistory on the 14tli, 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 'tlie secretis of the said accione and caws'* to 



' 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 wiscdomes maist honorabill ministrc 
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) » * "cJ^t venerable minister and eldaris ' (p. 44) ; and * richt worschiphull 
minister and eldaris * (p. 47). 



xxxii PREFACE. 

him, and obtained * liis avysement and consent ; ' but the sen- 
tence was given by * the minister and eldaris,'' otherwise * the 
ministerie of the reformed kyrk and congregacion of the citie 
and parroch)m of Sanctandrois,** and is signed by the minister 
and eleven elders.^ 

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 ^as 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 retjuire 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 Octol>er 1571, the list of elders is headed by 
the name of * Mr. Jolme Dowglas, Archibischop and Rector 
of Sanctandros.''^ liefore 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 Reghter^ his name does not again appear in the list of 
elders.^ On tlie 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 
^wytlit the Superintendentis letteres to compeir befoir hym 
and the seat**;* on the 10th of tliat month Douglas was 

^ 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.» a P. 350. 

' Miles Coverdale, who was promoted to the See of Exeter under Eklward vi., 
and ejected under Mary, was elected an elder of the English congregation at 
Geneva, on the i6th 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 * {Ibid, p. 10). 

* P. 361. 



PREFACE. xxxiii 

inaugurated by Wynram;^ but, on the Slst, *the Superin- 
tendent, wytht avis consent and assent of the seat,^ made a 
statute concerning the hours of preaching ' in tyme cuming/^ 
The Greneral Assembly met in St. Leonard''s College, on the 
6th of next month, and next day Wynram, of his own free will, 
* 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 * to use his awin jurisdictioun as of befoir in 
the provinces not yet subject to the Archbischoprick of Sanct 
Androes ;** and was requested * to concurre with the said Arch- 
bischop, quhen he requyres him in his visitatioun or uther- 
wayes within his bounds, quhill the nixt Generall Assemblie.*** 
On the 12th day of that same March, the seat of St. Andrews 
is mentioned as having ordained, 'wytht consent of Johne, 
Archibischop of Sanctandros,** that all the elders and deacons of 
the city should convene that day eight days, to remedy * the 
slaw convening of eldaris and deaconis to the ouklye assem- 
blye.''* After this Wynram only appears to have been once 
present at a meeting of session, and it was in the capacity of a 
witness:^ the place he had formerly occupied in it was now 
taken by Douglas as Archbishop, by whose letters delinquents 
from other parishes were summoned,* and in the trial of these 
delinquents he was the judge, although the advice and consent 
of the session were taken ;^ while in purely local cases he acted 
with the session,^ though the judgment seems to have be- 
longed to it.^ The General Assembly, wliich met in August 
1572, declared that ' the diocie of Sanct Andrews, wheresoever 
it lyeth,** pertained to ' the Bishop of Sanct Andrews, and to 



^ R. Bannatyne's MemorialeSy Ban. Club, p. 223. ' P. 362. 

• Booke of the Univ, Kirk, i. 239, 242. 

* P. 362. » P. 392. « P. 366. 

' P. 381. ' PP- 367, 387. •* P. 377. 



\t. 



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 * desired some 
of the godliest and best learned to concurr with him in taking 
order how the whole diocie may be served.'' ^ 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.^ 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.^ Tlie 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.* Wynram is denom- 
inated * Superintendent of Stratheme' 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 * demitted purely and simpUciter his office in the hands of 
the Assembly' ; ^ and Douglas died on the 31st of the follow- 
ing July. Wynram is mentioned as * Prior of Portmook' in 
the Assembly held in March 1574-6; in its third session 
he received * commission of a superintendentship ... in the 
bounds of Fife and Stratherne, exeeming the bounds apper- 
taining to the Bishop of Dunkeld,' ® and is thereafter called 

^ Booke of the Univ, Kirk, i. 243, 244. ^ Ihid, 244, 247. 

» Ibid, 249. * Pp. 369, 370. 

» 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 1676, which continued 
him in his office ; ^ but in April 1576 his district was reduced 
to * Fife, from Sanct Andrews to Leven,' and though so much 
curtailed he was to have the help of others.* The first allusion 
in the Register to Patrick Adamson, as the successor of Douglas, 
is on the 13th of February 1676-7, and it relates to the sum- 
moning of a man from another parish *to compeir befoir my said 
Lord Bischop in this seat.'* There are other references to his 
letters in the same case at a later date. In December 1678 he 
is termed * my Lord of Sanctandrois, Bischop and Superinten- 
dent.'* 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 
tlie highest moment. One of the three notes, by which our 
Reformers distinguished the true Cliurch from the false, was 
' Ecclesiasticall discipline uprychtlie ministred, as Godis Word 
prescribed, whairby vice is repressed and vertew nurished.'* 
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.'^ * There was 
nothing,' says one eminently qualified to give an opinion, * 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 
PapJEicy, they justly regarded as one great cause of the universal 

^ Bookeofthe Univ. Kirk^ i. 337. 

^ Ibid, i. 359 — The exact date of Wynram's death is uncertain. It occurred 
either on the i8th or 28th of September 1582 (Wodrow's Collections tipon the 
Lives of the Reformers^ Mait. Club, i. 463, 468). 

^ Pp. 421, 422 — The term seat was also applied to the see or episcopate 
{Bookeofthe Univ, ICtrk, i. 222, 226). * P. 433. 

* Confession of Faith of 1560, article xviii. 

• 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.' ^ 
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 * the end of ecclesiasticall power, 
yea the end as well of the ministery itself, as of the godly 
minister ^—* 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.'* ^ No class was exempted from its exercise, for, in the 
seventh head of the First Book of Disctpline^ the broad rule 
was laid down : — ^ To discipline must all estaitis within this 
realme be subject, yf thay offend, alsweil the reuUaris 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 of Ecclesiastical Discipline ^ and The Order 
of Excommunication and of Public Repentance, Practical illus- 
trations of these dealings will be found in abundance in the 
foUowing pages. 

Dr. Edgar concludes a most interesting and instructive 
chapter on * Marriages in Olden Times ^ by stating, *I am 
happy to say that the contentions in divorce suits form no part 



^ M*Crie*s LifeoflCnoXy 1861, p. 251. 

• CXI, Propositions concerning the Ministerie and Government of the Churchy 
1647, p. 28. 



PREFACE. xxxvii 

of Old Church Life in Scotland.'' ^ 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.^ 
Two of these decided in the St. Andrews session have been 
ah^ady 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.* In 
May, she moved a claim against her husband, and sentence of 
divorce was given against him in January 1660-61.* 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 1 659-60 the minister and elders decerned him * ane 
edict in the caus forsaid, upoun four-scoire days.** 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;'* but it was in 
Danish, and the aid of William Christesone of Dundee had to 
be obtained to translate it, from wliich 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, 



* 0/d Church Life in Scotland^ second scries, p. 203. 

2 See p. 268, n. 2. « Pp. 18-27. * Pp. 37, 59- 

' For the following information concerning Olufsen, I am indebted to my 
friend, Mr. Maitland Anderson, who has drawn it from the Kirkehistorishe Sam- 
linger, Kjobenhavn, 1849-52, vol. i. pp. 389, 394:— Hans Spandemager was 
bom 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 Torne, 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 ^ nocht be at ease 
allane^ and had plainly stated that he wished to marry 
* Catheryne Niesche, ane chaste virgyne past xl yeris of aige ** ; 
that he had given his ^ faith and promise' to her, and that 
their banns were duly proclaimed.^ 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.^ 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 1661, 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, * twa Scottis- 
men,^ who lived in that country, came here * to sell the ladnyng 
of thar schip.** 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.^ 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,* 
but the continued cohabitation which was prescribed to the 
parties had been customary under the Canon law.* It will 
be observed that in every divorce case, the pursuer invariably 



* 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). > LUbeck (?) » Pp.77.81. 

* Pp. 151-155- ' Riddcirs Peerase and Consutorial 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 1680, were 
bound to *abliorre and detest' was the Roman Antichrist's 
* crueltie agaynst the innocent devorced.' * 

The divorce cases, whicli 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.* 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, * in signe of con- 
cord, amite, and simple remit of all displesor,' at the request 
of the venerable John Douglas, ^kissid and embraced' his 
spouse *and drank to hyr.'^ In another case, a man's wife, 
who confessed that she had not been so obedient * as becam hyr 
of dewetie toward liyr husband and head,' at his desire on her 
knees asked him forgiveness, and her father became cautionar 
that in future she should be ' ane gud and fajrthfuU wyff and 
ser\'and' to liim.* Women, trx), freely forgave their erring 
husbands.^ Nor were those at variance with their neighbours 
allowed to partake of the sacrament until reconciliation was 
effected.® And two hostile families were not only reconcilecJ, 

' 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 fomicatioun, 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, ^g^ 253. 

P. 169. * P. 192. * Pp- 245. 284. • Pp. 409» 4IO- 



xl PREFACE. 

in presence of the session, * in the luif and feir of God ' ; but, 
* with thair awin consentis,' 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.^ 

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.^ The same formula was not always 
used at these espousals or hand-fastings.^ In his brief episco- 
pate, 1616-1521, 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.* In the Register 



' P. 477. 

* Concilia ScoticUy Ban. Club, vol. i. pp. clxxxvi, clxxxvii. 

' In or before 1518, David Johnson was thus espoused to Margaret Abemethy : 
— * I promytt to yow Begis Abimethy that I sail mary yow and that I sail neyere 
haiff ane uther wiff and thcrto I giff yow my fayth.' Begis made promise to 
him in the same terms {Liber Officialis Satuti Andru^ 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, * 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 ' (Hammil ton's Catechism^ 1S82, fol. clxvii, 
clxviii). * Concilia Scotiae, vol. i. p. clxxxvii. 



PREFACE. xli 

there are instances both of secret ^ and open espousals, some of 
the latter made before priests,* and others before the minister, 
reader, or elders, and other witnesses.^ 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.* 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 gude," * the said Jhon be laying his hand in the 
hand of Mirabell promyst to marie hjrr, and sche promyst to be 
gud servand to hym.' ^ 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 * that he heard and saw 
tlie promis maid and held up handis for performing of the 
premissis."** St. Andrews was by no means the only place 
where the evil custom which had so long attended hand-fasting 
lingered after the Reformation.^ 



* Pp. 29, i45» 330. '•' Pp. 182. 285. 

' 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 modem. 

* Pp. 61, 246, 253, 255. * P. 230. • P. 316. 

' 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. ii) ; 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.^ In 1669 *Maister Andro Kircaldy' 
was ordered to pass to Kilconquhar church, and there ^ upon 
ane Sunday ' to * 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 wythout 
proclamation of bannis.** ^ 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 * 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 ; ^ 
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.* In March 
1670-71, the question was put in the General Assembly, *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 JitturOy vel verba de prwsenii ; 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' {TAe 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. » P. 319. » P. 321. 



PREFACE. xliii 

answer was, * Promise of marriage per verba de Juturo 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/ ^ In August 1576 the following 
question was put in the General Assembly, * 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/ ^ If, when espousals 
were made before witnesses, the man used the words * I take 
thee to be my wife,' and the woman, * I take thee to be my 
husband,' 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 Juturo 
in tyme cuming.' * And in July 1678, 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.' * This case however 
was exceptional, as the parties already had a child to baptize ; 
and no ceremony is mentioned in connection with the two 

* Bookeoftfu Universall Kirk, i. 195, 196. 

* IbuL i. 343. 5 Tp. 421. 422. * 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 Dimpline^ 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,^ 
the session, at the request of his father-in-law, allowed him to 
be married on Wednesday.* 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 * no small slander among the 
people.' 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.^ Although one of the questions had been 
* proponed be the Synodall Assemblie of Sanct Andrews,' the 
session waited until December 1680 before stating * that it 
salbe lesum to marie in all tym cuming upone Wadnisday.' * 
This delay was the more remarkable as, in 1570, it had been 
found necessary to supplicate the magistrates *for reforma- 
tioun of the grite abuse usit be new mareit personis in viola- 
tioun of the Sabbat day.' 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 * the town wytht rynning thair throw in menstralye 
and harlatrye.' * Perliaps the measures of the magistrates had 
been so drastic that the bad example was not repeated. 

In February 1567-8, for special reasons, liberty was granted 
to the Provost of Kirkhill to solemnise his marriage in another 
parish.® And in 1572 a couple of sinners were married on the 
same Sabbath as the woman made her ^ satisfaction and repent- 
ance.'^ In June 1675, Elizabeth M^ke, who had alleged, but 
failed to prove, that her father compelled her to be hand-fasted 

^ P. 423. ^ P. 332. ' Bookeofthe Universall Kirk^ ii. 439-441. 

* P. 452. 6 P. 341. • Pp. 293, 294. 7 P. 363. 



PREFACE. xlv 

with Thomas Read, was ordered to marry Read under pain of 
excommunication.^ Neither the marriage nor the penalty was 
carried out in haste ; for, nearly four years later, she was again 
ordained * to proceid to mareage witht the said Thomas, undir 
sic pains as the kirk may lay to hir chairge.' ^ 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 notaj and in its first line, running 
as it does in the name of the ^ minister, eldaris, and diaconis.'' 
It ordained, * that, in tyme cuming, nane be resavit to compleit 
the band of matrimonye, wjrthtout thay rehers to the redar the 
Lordis Prayeris, Beleve, and the Commandementis of God.' * 
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 ^ umquhill Jhon Colt and 
Cristen Kyrk." * 

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 Jama 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.^ Craftsmen too plied their 

1 P. 410. ^ P. 434. 8 p. 439. 



* F, 410. - f. 434. 

* P. 147. ' PP- 294. 416, 479-481. 



xlvi PREFACE. 

avocations on that day, and of these the fleshers were the most 
perverse and stubborn.^ Sins of the harvest were not un- 
known. One man was taken to task for threshing corn, another 
for leading com, and a third for binding beans.* A married 
woman was * decemit in tyme cuming to desist fra keping of 
taverine upon the Sabbat day^ under pain of forty shillings, 
* and to mak public repentence upon the penitent stule.** This 
decreet was given forth with her husband'^s consent as well as 
her own.* A baker'*s wife, who had been guilty of * selling of 
candil and braed on Sundays,' of absenting herself from the 
church, of * mis-saying and disobedient to hir husband,' was 
ordered to desist in future under the pain of oPlO, * 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, woidd 
not have dared to give his. Raw material of her kind would 
not be too plastic in the hands of the session. She was like- 
wise delated * for fliting wytht hir nychtbouris, and selling of 
bread tyme of sermon on Sunday.' * 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 Ist of 
August 1674, and the session gave liberty on that occasion * to 
play the comede mentionat in Sanct Lucas Evangel of the For- 
lorn Sone.' It was stipulated, however, * that playing thairof 
be nocht occasioun to wjrthdraw the pepil fra heryng of the 
preaching, at the howre appointed als weil eftir nunc as befoir 
nune.'* This relaxation was not overlooked by the General 
Assembly, and the session did not repeat the experiment. In 
the following March, all the inhabitants, * spetialy yowng men,' 
were publicly warned from the pulpit, *that nane of them 
presume nor tak upon hand to violat the Sabbat day, be using 



* Pp. 309, 314, 349, 364, 365, 403. ' Pp. 374, 380. 

^ P. 421. * P. 343. 

» P. 396. 



PREFACE. xlvii 

of playis and gemmis publiclie as they war wont to do, con- 
trafaiting the playis of Robein Huid."* ^ 

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. *One canon,^ 
of the General Provincial Council of 1652, *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.'^ 
The session tried various plans to remedy this evil. The 
absentees were ordered to attend in future under pain of 
excommunication ; ^ 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;* 
the help of the Magistrates was implored ; * 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 howris.**® 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 * to vesy the hail town.** It 
was arranged that ' every Sunday thair sal pas and vesy ane 
bailye, ane elder, twa diaconis, and twa officeris inarmit wytht 
thair halbartis."* Lest these might have been insufficient to 
cope with the delinquents ' the rest of the bailies and officeris ' 
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 



^ P. 406. - Concilia ScoHcEy vol. i. p. cli. 

' Pp. 309, 337, 338. * P. 363. * P. 373. 

• P. 420. 7 Pp. 39^^ 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;^ and 
discipline, penance.^ The former names of special days are 
frequently used, such as — Rood-day, Michaelmas, St. Stephen'^s 
day, Pajsch, 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, ^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 t3rme may cum that he may see 
the like yif* He was very bold, but a fortnight later offered 
' to undirlye the correction quhatsumevir the ministerye wil 
injone to hym.**^ Possibly this craftsman lived to see the 
tables turned, for forty-seven years afterwards Archbishop 
Spottiswoode wrote from St. Andrews : — * 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. 

* 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- 
» 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/^ 

It appears that * William Stewart, sumtyme Lioun King of 
Armes,^ was tried and burned at St. Andrews, in 1569, for 
' witchcraft, nigromancye, and utheris crymes.' ^ And it is 
certain, that on the 28th day of April 1672, 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, * sche being set upe at a pillar befor him ** ; ' and 
Richard Bannatyne preserves some details of the tragedy.* 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 1676-6. Before 
next Wednesday the reputed witch and her husband fled, one 
witness testifying that the unliappy man had said, ^ that for 
hym self he durst byde, bot yit his wyfie feared, and thairfoir 
they durst not byde.** ^ 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 1681, 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, 
* to compeir on Weddinsday nixt to ansuer befoir the sessioun.*" ® 
With the warning she apparently did not comply, and no 
further action seems to liave 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," 



^ Gordon's Scotichronicon^ i. 460. ^ Laing's Knox, vi. 692. 

» Melville's Diary, Wod. Soc. p. 58. 

* Bannatyne's MemorialeSi Ban. Club, p. 233. 

» Pp. 414-416. " P. 455- ' !'• 422. 

d 



« 



1 PREFACE. 

slaughter,^ blasphemy,* usury,* personal violence,* banning, 
and slandering.® 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 ; ^ and so were the parents of a child that had been 
overlaid.® A young man, too, who it was supposed had been 
hardly used by his ^ gude-fathir,^ was called and questioned.® 
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 hir.** ^° 

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 tine for behoof of tlie poor.^^ In those days 
there were several drunkards in St. Andrews, as it must be 
confessed there are still. One of these was charged in 1674 
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.^ ^^ 
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, 
*witht ane paper about his head, and his fait writtin thair- 
intil.' And the general warning was added for s3nDpathetic 
sinners — * This to strek upon al drunkatis.*" ^* 

The last-named punishment seems absurd enough, but it was 
not unprecedented. In 1564 a man, who had two years before 
contemned Hhe ministerie of Carnbe,'' and had since been 
excommunicated, was ordered * to compeir ** on the following 

1 Pp. 439, 440. « Pp. 43. 44, 482. ' P. 309. 

* Pp. 329, 447, 478. * Pp- 225, 343, 420. • Pp. 176, 399, 451. 

7 P. 424. 8 p, ^68, • P. 418. 

'* P. 343. 

^^ 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 Carig Moniaiium de 

Norihbenvicy Ban. Club. pp. 70, 71. 

" P. 403. " Pp. 409» 410- 



PREFACE. li 

Sabbath, * at the kyrk of Cambe ane hour befoyr the prechyn, 
and thar at the k3rrk dur space foyrsayd stand in the jogis, 
wyth ane papar abowt his head, contenyng wryttyn tharupon, 
Brhald the contempnar. And siclyik to stand in sum public 
place of the k3rrk of Carnbe, wyth the paper abowt his head 
duryng the tym of the prech3mg, and at the end tharof confes 
his offence,** etc.^ In 1679, an erring husband, who had 
grievously injured his wife, was condemned * to sitt down upone 
his kneis,' in presence of the congregation, and, holding * his 
awin tung in his hand,** pronounce the words: — *Fals tung 
thow leid."* ^ 

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 lia\*ing sat * bot ten Sundais,** and he was * yit to 
sit ten several Sundayis.** ^ 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 tlie various classes had 
to sit. Once the phrase occurs, *the umest penitent stuil,"* 
and again, *the umest stuil of repentence** ; * and from these 
it might have been inferred that there were various stools 
of different heights ; but in other places these expressions 
are found, *the penitent stuill and mid gre thairof,**^ 'the 
hieest of the penitentis saiet,**^ 'the penitent stuill, in the 
adultraris place and gre,** ® and ' the adultraris place of the 
penitent stuill.**® 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 ' ascend and 
discend thairupone moderatlie.** ^^ 

1 P. 229. 

' 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). 

' P. 402. * Pp. 409i 4I0. ' P. 426. • P. 378. 

7 P. 385. " P. 4'^2- • Pp. 463, 476. " P. 441. 



lii 



PREFACE. 



There are more than a dozen references to sackcloth as the 
special garb of the penitent, one to ' tlie gown maid for adul- 
tereris,'^ and another to a penitent in linen clothes.* Wealthy 
sinners would gladly have paid a pecuniary penalty to escape 
part of the humiliating public satisfaction ; but the General 
Assembly, in 1673, declared that * 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 vsusJ* * In March 1563-4, an adulterer was 
ordered to pay a sum, not exceeding oPlO, for the poor, or 

* k3rrk-work ;"* * and next year a fine was imposed on two inces- 
tuous persons.^ It is not said that the rigour of discipline was 
to be mitigated in consequence, and in tlie 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,® not revealing sin,^ Sabbath-breaking,® 
being a Papist and maintainer of Papistry,® absence from com- 
munion and examination,^^ and slander.^^ In the last case the 
money thus exacted was to be devoted to * the commoun wark 
of this citie ; "* but generally all such penalties were destined for 
the poor. Besides these fines, men were ordered to * tocher ** 
women tliey had wronged and would not marry ,^* and others 
were decerned to support their illegitimate oflFspring.^' In 
August 1573, it was asked in the General Assembly : — 

* 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 : — * The 
Assembly ordains. That, anent fornication, and the breach of 
the Sabbath, the Acts of Parliament be putt in execution : as 



1 P. 444. ' P. 401. 

« P. 191. » p. 233. 

8 Pp. 363, 421. • P. 333. 
" Pp. 186, 322, 358. 



' Bookeofthe Univ, Kirk^ i. 284. 
• Pp. 232, 378. ' P. 400. 

w Pp. 317, 409. " P. 45J- 
" 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.**^ 

Imprisonment was also resorted to as a terror to evil-doers. 
In February 1568-9, Andro Alexander, alias Goss^pt Andro, 
was admonished by the Superintendent and seat that in future 
he should ' suffer na opin cairting and dysyng, nycht walking 
and drynking in his hows, under paine of excommunication and 
impresoning of his persoun."* ^ 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.^ In April 1576, it was statute and ordained by the 
session * that fra this furtht that al transgressoris, sic as fomi- 
catoris and adulteraris, be impresoncd in the steple of the 
parroche kirk of this citie, thair to remain according to the 
ordour.** * Evidently solitary confinement in the steeple could 
only be secured by imprisoning one transgressor at a time.^ 
In October 1577, the session was so well satisfied with the 
*gude service ** of the beadle *in keping of the presoun hows,"* 
that it was ordained that every one — man or woman— im- 
prisoned in future should pay him two shillings before they 
were released.® Yet mercy was mixed with judgment, for 
one woman, * in respect of the vehemensie of the storme,' was 
released in the midst of lier term, caution being found that 
she would afterwards re-enter." 

Banishment was adopted for some heinous offenders. In 
October 156S, a man was ordered to find cautioners, and to 



1 Bookeofthe Univ, Kirk^ i. 284. * Pp. 313, 314. 

' Pp- 363. 477. " P. 417- 

• 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. 

• Pp. 427, 42S. ' P. 466. 



liv PREFACE. 

have the obligation entered in the Sherift* Books of Fife, tliat 
if he were again convicted of his sin he should be banished 
from the county for life.^ 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.^ 

In March 1563-4, a confirmed harlot was condemned to 
' ane hour in the jogis ' at the Market Cross.* Reference has 
already been made to a man suffering this punishment at 
Cambee in 1574,* and to a baker^s wife, who was threatened 
with it in 1576.^ 

Still another form of punishment was behind all these. In 
1574 a married woman who had * heavely sclanderit' a neigh- 
bour was warned that, if she did the like again, she should 
* sitt in the gok-stuil duryng the magistrattis will.**^ And, in 
1576, a woman, who was outrageous to her husband, and did 
not attend the church, was threatened tliat if she repeated 
either offence she should ' sit in the gok-stule xxiiij howris.'*'^ 

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 cliurch.® 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 Book 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. ' P. 475- * P- 191- * P- 229. 

* P. 343. « P. 399. ' P. 420. 8 Pp. 358, 467. 



PREFACE. Iv 

frequently committed, or remitted to the bailies for civil cor- 
rection ; ^ and in pronouncing sentence against an adulterer, 
whose crime was deemed worthy of death, it is expressly said 
of the magistrate, ' to quhome we will that this our sentence 
prejudge nathing/^ Supplications were sent to the magis- 
trates not only asking them to punisli evil-doers for the civil 
aspect of their offences,* but for their disobedience to the 
session ; ^ or requesting them to cause the obstinate to submit 
to discipline ; ^ 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 : ' No church- 
assembly in Scotland assumes the least degree of power to 
inflict the smallest civill punishment upon any person; the 
Grenerall 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 
Imnishment for some odious crimes,® 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 witli 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 tlie 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 Bulk of 
the Kirk of Canagait^ where any civil penalty is added to the 



1 Pp. 41, 58, 150, 168, 324, 374, 377, 478, and many others. 
= P. 60. 

» Pp. 223, 247, 251, 315, 353, 423, 440. * Pp. 245, 448, 465, 467. 

» Pp. 138, 149, 373, 459. « See p. 451. n- 

7 Baillie's historical Vindication, 1646, pp. 17, 18. See also Gillespie's Ar*-4i7 
RespondeSj 1645, p. 24 ; and his Afaie Audis, 1646, pp. 43, 44. 



hi PREFACE. 

ecclesiastical, the expression is used — ^ the baillies assistane the 
assemblie of the kirke ordains,** &c.^ If this distinction was 
always kept in view in the kirk-session of St. Andrews, the clerks 
have frequently failed to observe it; but in justice 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 — ' 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 punisf^ 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 Fcutti^ 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 Wcmyss, who wished to 
be divorced from Robert Boswell, and who threatened, in 

1 M'Crie's Mehniie, 1824, i. 474. ' P. 141. 



PREFACE. Ivii 

presence of the session, ' to cans ding owt ** all his * hamis,'' who 
was accompanied by a number of ^barronis, gentyllmen 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 page$ are blank. The 27th of October 
1569 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 or 
1669 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 volimies 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 1663, 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 foinr cases some of the grosser details have 
been omitted, compressed, or modified.^ More might have 

^ Calland 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.^ 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,* the inversion of ' u,** * v,' and * w,'' 
and of 'i,** and *j,' have been corrected, 'th** has been substi- 
tuted for * y ' when necessary, and * y ' for * z,"* except in the 
names of persons and places. Otherwise the spelling has been 
rigidly adhered to.* 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 ^ 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 Afaitland Miscellany ; and in the fourth only one clause 
has been omitted. 

1 Pp. 44, 200, 201, 203, 370, 476. 

• Register of the Privy Council ^ vol. i. pp. xlviii-lii. 

* 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 s|>elling 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 ttie 
border: — m • johani • wynramo • ccenobiarch.e • conveesis • eebvs • 

FIFANORVM • KPISCOPO • ANN • .ETATIS • SV.E • 90 • OCCVMBENTI • P08I- 

TVM • Above the shield: — [vita •] pietate • [insignJts • genere • 

AMPLA • PROPINQVIS • CONSILIO • NVNC • TVMVLI • REPPERIT • ACTA • 

MODVM . Under the shield : — mvlta • cvm • deambvlaveris • de- 

MVM • REDEVNDVM • EST • HAC • CONDITIONE • INTRAVI • VT • EXIREM • ^ 

Dean Stanley was inclined to make merry over the * conversis 
rebus.'' * 

In conclusion, I have to express my indebtedness to Dr. 



^ Grierson's Delineatums of St, Andrews, 1838, pp. 251, 252 ; Lyon's Anciettt 
Monuments of St, Andrews, 1847, fig. 7. 

* Stanley's Church of Scotland, 1872, p. 100; and h\s Addresses and Sermotts 
cU St, Andrews, 1877, p. 16. 



Ix 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 QtuUuor 
CoroncUi 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, 27M December 1888. 



CORRECTIONS 

Page 5, n. line 2ifor ii. read iii. 

76, margin, for prebendaries read prebendaries. 

99, line I2,y^r pocuis rc'dk/pocius. 
160, ,, io,y^desposicionis /vo^deposicionis. 
161 > > > 3> .A'^ desposidone read deposicione. 
175, margin, ^r Mrio. read Mri. 

208, line 7, after kyrk i/w^r/ *. 

209, ,, 7, «j^(fr [allegis] iiw^r/ ^ 
224, margin, ^r Cyllok rffo/ Wyllok. 
313, line ii,,^conten n r/o^conteuit in. 
318, „ 2,y^r imparation r^a^impanation. 
362, „ 29, delete of. 
369, n. line d^for bee us read becaus. 
385, line 2'iffor de read die. 
393» »» ^ifo*" Ixiiij'* read Ixxiiij'*- 



LIBER REGISTRI 

ENORMIUM DELICTOllUM CORRECTORUM 
PER MINISTRUM SENIORES ET DIACONOS 
CONGREGATIONIS CHRISTIANAE CIVITATIS 

SANCTI ANDREAE 



L 



IBER REGISTRI enormium delictorum cor- 
rectorum per ministrum seniores et diaconos 
congregationis Christianae civitatis Sancti 
AxDREAE faeliciter incipit 1559. Amen, etc. 

Die xarv^' Jidii anno Domini etc. Ix, 

The quhilk daye, the minister and eldaris, havand respect [statute of 
to the inlay k of almos, and multitud of misterfuU to be Iielpit *^"*<>s.] 
therwyth, and [also that] divers strangeris mack is 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- 
ticularlie nor manifestly, bot negatyve ansuer to be gevyne 
indifferentlie to all stranger. 

Die 1 Octobri^^ anno Domini^ etc. Lg. 

The quhilk daye, in the session of Superintendent and [Statute anent 
ministerie of Sanctandr[ois], being present the Provest of the ci^J^d" ^^ 
said cite, bailies and consayll, the Rector of [the] Universite, diaconis.] 
and cheif membris of the sam, for ordor to be takyn anent the 
[eleccion] of the eldaris and diaconis, thai have statut and 
assignit yearlie,^ [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 



^ According to the eighth head of the Firsi Book of Disciplifu^ elders and 
deacons ought to be elected yearly, ' least that by long continuance of suche 
offidaris, men presume upoun the libertie of the Churche. ' 

A 



• 









• •• 



.-i^'—' REGISTER OF 



•-• •. 



• • •« 



• • 



•• . !<;Jollegi8 [to the] Provest, quhai, wyth the avjis of the con- 
sayll of the town, sal [geve] ane sufficient numer 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 Sundaye preceding the 
[daye] of eleccion, and salbe publest in the essemble, thar 
namis an[d] daye of eleccion, according to the ordor. And 
upone the daye of eleccion, efler the prechyng at the minister 
hes used al detfu[ll] circumstancis requirit of his part, sal 
conveyn the Provest, ba[llies], consayll, and communite of fre 
burgessis, togethyr wyth the Rector and [the] membris and 
regentis of the Universite, in the Towbuth, q[uhen], 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 di«u;onis elecced : — 

Seniores, 

[Eldaris and Mr. Jhon Dowglas, Rector ^ Mr. Martyn Gedde 

elected* in 1561.] Mr. Alan Lawmonth Mr. William Cok 

Mr. Jhon Rutherfurd, college * Jhon MoiFat 

Tliomas Martyne Mr. Robert Pont * 

Mr. James Wylkie, college ^ George Broun 

Mr. Thomas Balfoir Jhon Motto.^ 
Jhon Wod 



* 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 
Wjmram, Dunkanson, and Alesius. He was a licentiate in 1517, 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 /Tnox, i. 286 ; ii. 455. 

* Rutherfurd was Provost of St. Salvator's College. James Melvill {Diafy, 
Wod. Soc., p. 27) characterises him as *a man lernit in philosophie, bet 
invyus, corrupt.* See an account of him in M*Crie's Melville^ 1824, ii. 367-371. 

' 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.* 

* The well-known Robert Pont. See Wodrow Miscellany^ pp. 304-306 ; 
Brunton and Haig's Senators of the College of Justice ^ pp. 151-153 ; and Lee's 
LectureSy i. 230. 

* 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. 



Thomas Wolwod 
Charlis Guthre 
James Robertson 
Alexander Name 



Diaconi. 



Charlis Gedde 
George Blak 
William ZowU 
William Ma3me. 



Adamus Heriot ^ minister eccle&iae parochialis Sanctiandreae, 



Seniores. 



Magister Alanus Lawmonth 
Valterus Geddy 
Magister Thomas Balfowr 
Thomas Martyne 
Joannes Martyne 
Joannes Motto 
Dauid Walwod 



[Dauid Carstaris erased] 
Magister Robertas Pont 
Joannes Moffat 
Georgius Browne 
[Alexander Smyth erased] 
Magister Martinus Gedde 
Joannes Wod. 



[Minister, 
seniorest it dii 
coni,"] anno 
Domini milli 
simo quin^en' 
tesimo qutnqti 
^esimo nono, 
etc. 



Diacofii. 



Thomas Walwod 
Alexander Name 
Magister Dauid Russall 
Vilelmus Mayne 



Magister Thomas Fermour 
Carolus Geddy 
Georgius Blak 
Dauid Spens. 



^ 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 
«6t. 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 Anox, 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 ( Wodraw Miscellany^ P* 361). 



REGISTER OF 



{Jiiinisiir, 
semiorts, et dia- 
enmity anno 
Domtm. milU' 
Hmo quingtn- 
tiHmo sexa- 
gesimo. 



Crostqferus Gvdman ^ mmuter ecclesie parochialis Sandi- 
andree in absencia Adami HerioL 



Seniores. 



Mr. Alanus Lawmonth 
Mr. Thomas Balfour 
Joannes Moffat 
Mr. Robertus Pont 
Mr. Wilelmus Cok 
Thomas Martyne 

Thomas Wolwod 
Alexander Name 
Carolus Gedde 



Mr. Martinus Gredde 
Dauid Wolwod 
Joannes Wod 
Wilelmus Monepenny 
Joannes Motto. 



Dia€oni. 



Wilelmus Mayne 
Georgius filak 
Dauid Spens. 



[Eldarisand 
cbo8]minz562.] 



Cristoher Gudman minister. 
Eldaris the sexty twa. 
Mr. Jhon Dowglas, Rector Mr. William Ramsay ^ 



Mr. Thomas Balfour, balie 

George Brown, balie 

Mr. James Wylkie 

Mr. Alan Lawmonth, citiner 

Mr. William Cok, citiner 



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. 



^ 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 1560. 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. 

' 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 FtuH^ iL 496). Richard Bannatyne says he was ' a learned and a 
gttid man, but seducit be the Hammiltounes factione ' {Memoriales^ Ban. Club, 
p. 259). See notice of him in M'Crie's MehnlU, ii. 371, 372. 



ST. ANDREWS KIRK SESSION. 5 

Cristofer Gudman minister. [Eldaris and 

diaconis 

Eldaris chosyn in the kyrk the Ixiij year. chosyiiiixis63 

Mr. Jhon Dowglas Mr. Thomas Balfour 

Greorge Brown, balie Jhon Moffat 

Mr. William Cok, balle Mr. Martyn Gedde 

Mr. William Ramsaye James Robertson 

Mr. Alan Lawmonth William Monepenny 

Mr. James Wylke Jhon Motto. 

Dicu^onis. 

Charlis Gedde Thomas Dagles 

William Zowll Alexander Rowch 

George Blak Alexander Myllar 

William Ferre Thomas Greg. 

Veneris. 

The xxvij day of October, 1559.^ Robert Roger, schip- PenitenHa 
wrycht, cittiner of Sanctandrois, in presence of the congrega- ^^* 
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. 

Jovia, 

Upoun the secund day of November, 1559, James Reky, Decretum 
tailyeour, delatate to the minister and eldaris of this congrega- ^^^^^ ^ y- 



^ This is the earliest dated entry in the volume. In the Alaitland 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, StiiUne, 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 hes 
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 oiFenss delatate to him, 
he is becumin penitent and obedient, and, as he was commandit, 
hes 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 decemeit oppinlie to confess his fait, and to ask God and the 
congregatioun forgevens, an[d] to desist fra all sic in tyme 
cuming. 

Vefie7'h. 

tmUnHa f he 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. 

Mercurli. 

'enitentia 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. 

Tie leueris [o]f WE quhais names ar underwrittin juness us in all thinges 

:oDgregatioun, conforme to the Generall Band maid betuix the Lordis and 

Baronis of Congregatioun, at Edinburgh, the xiij day of Jvliij 

annOj etc. lix^ to the Congregatioun and memberis therof, to 

assist in mutuall support with the said Congregatioun, with our 



ST. ANDREWS KIRK SESSION. 7 

bodies, geir and force, for niaynteyning of the trew religioun of 
Christe, and downe putting of all superstitioun and idolatrie, 
conforme to the said Band, quherof the tennour foUowis and is 
this : — WE QUHAIS names ar underwrittin, quhilkis hes 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 maynte3m 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, faythfuUie 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 maynte}me 
every ane ane uthir, against quhatsumever that troubles, per- 
sewis or invades us, or ony ane of us, in our lyves, landis, gudeis, 
heretageb, 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 tlie Haly Spirite to strenth 
us to performe the samyn. At Edinburgh the xiij of Julii, 
the yeir of God, j™ v* fifty nyne yeris.^ Quhilk band we approve 
in all pointtis, and adjoynis ourselfis for mutuall defenss to the 
haiU adheraris therto. 



^ Although both Knox and Caldcrwood 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. 



REGISTER OF 



FoUowis the names. 



nd names. Patrick Leriiionth of Darsy, Provest,^ Maister Alane Law- 

month, Johne MuiFatt, baillies ; Thomas Broun, George Brown, 
Thomas Martyne, Dauid Carstaris, Johne Martyne, Maister 
Williame Cok, Johne Dalglesche, Mr. Martyne Gredde, Charles 
Guthere, Mr. Robert Pont, Henry Cairnes, Mr. Dauid Meldrum, 
Andro Meften, Alexander Name, Johne Wode, eldar, James 
Robertsone, Patrick Knox, Williame Ma)me, James Ruther- 
furde, Andro Motto, Williame Aidname, Robert Lermonth, 
Thomas Braidfute, Alexander Walcar, Andro Thomsone, Walter 
M^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 Meften, 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 M wdy , Dauid Ba very ch , And ro Nicholsone, Dauid Smart, 
Robert Bruce, Alexander Smyth, Walter Gedde, Alane Mal- 
vill, James Brog, Robert Rayt, Robert Kilgour, Dauid Ade, 



^ 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 1 560, by which the Confession of Faith was ratified, and that of 
1585, when he represented the burgh of St. Andrews {Acts of the Pariiamenis 
of Scotla^nd^ ii. 526 ; iii. 381). Queen Mary knighted him on the 8th of Febru- 
ary 1 561 -2, the marriage day of her brother, afterwards the Regent Moray 
{Diurnal of OccurrentSy pp. 70, 71). He was one of those who were * wardit in 
the Northland * in the troublous year of 1565 {Register of Privy Council y 
i. 369, 405). In the MS. copy of Wyntoun's Crony kil preserved in the St. 
Andrews University Library, there is written at the bottom of a page in 

Book vi., chap. 137 — 

' Patrik Lermontht 
of Dcrsy knycht this bonk pertines of ry(chtj.' 



ST. ANDREWS KIRK SESSION. 9 

Henry Duncansone, Henry Small, Henry Mwre, Joline Bicker- 
toun, Andro MoiFat, smyth, Maister Thomas Gilcryste, James 
Brydy, Duncane Leche, Johne Blak, Andro Symsone, junior, 
James Gilrwfe, Thomas Branche, Charles Cuthbert, William 
Balfour, eldar, WiUiame Gedde, Alexander Kircaldy, Dauid 
Banis, James Clwny, Hugo Lockard, Dauid Bruce, Johne 
Brabanar, Jame[s] Steill, Duncane Dauidsone, Johne Smyth, 
maltman, Andro Wat8o[ne], Alane Watsone, James Smyth, 
Greorge Pate, Alexander Rudman, Alexander Millar, Andro 
Browne, Dauid Walwod, Mr. George M^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, Greorge Vteyne, Thomas Wilsone, merchand, Robert Law, 
Johne Cowpar, Williame Walcar, Alexande[r] Nory, eldar, 
Andro Smyth, Thomas Tailzeour, Johne Kelle, Henry FayrfuU, 
Alexander Ramsay, tailyeour. Sir Walter Bowsy,^ 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,^ Andro Meffen, tail- 
yeour, Andro Monypenny, Williame Mories, youngar, Dauid 
Wawch, Thome Baxtar, James Alane, Andro Barclay, Peter 
Thomsone, Andro Trunblay,* Thome Reif, Thome Duncane, 
Patrick Smyth, Johne Scharp, Thome Lodean, Thome 
Cryste, Dauid Gudelawde, Williame Downy, Thom 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, *^i""^^' ^ 
Dauid Rantoun, Thome Henrysone, Robert Crag, Williame 
Mortoun, Robert Dewar, Dauid Bell, Robert Dick, yongar, 
Johne Lokard, Thome Olyphant, Williame Wan, Williame 

^ Sir Walter Bousey is mentioned in 1547 as procurator for the Choristcry of 
St. Andrews {Abstract of the Writs of St, Andreivs^ No. 273). 
' Swinton. ' 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,^ Johne MofFet, Mr. Andro Wilsone, 
Johne Daijs, James Broun, Thome Dwry, James Sountar, Henry 
Wilsone, James Haye, 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, Synione 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, Thom 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, Thom 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 FayrfuU, Johne Trayll, Ambrose Schevez, Williame 
Stevinsone, James Zong, Thomas Walwod, Williame Mylne, &c. 



;chapiaues Die tertio Febriiarii^ anno lix^ comperis thir chaplanes efter 

idjoyncTto the ^'"ttin of there awin fre moty ve willis (the professioun abone 
congregaiioun.j writtin being red in there praesence) ratifies the samyn, and 

^ 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 means in bad management, 
gluttony, or drunkenness (/^^j/rof/^/M^ Writs of Si. Andreivs^ Nos. 128, 106). 



ST. ANDREWS KIRK SESSION. 11 

singularlie, be themselfis, adjoynis them to the congregatioun, 
afiirmes 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 conforme 

to Groddis Word. And in witnes of that professioun forsaid 
hes consentit that ther names be under wrvttin as the same 
hed beyne subscrivit be there awin handis. 

Followis the names of the priestis. 

Robert Smyth, Mr. Johne Todrick, Thomas Dur ward, Thomas 
Braidfute, Johne Tliomsone, elder, Henry Guling, Dauid 
Frostar, John Zoung, junior, Robert Dauidsone, junior, Johne 
Thomsone, junior. 



Followis certane names of uthir priestis quhai wes [Uthir priestis 
adjoynet efter the forsaid. adj<^etj 

Joannes Balfour, Hugo Bontaveroun, Joannes Broun, Rober- 
tus Marschell, Thomas Wemys, Joannes Thomsone, James 
Symsone, Andro Baxtar. 



Followis certane laymen names adjunit to the Con- [Certanc lay- 
gregatioun efter the forsaid. SfCTUie^ftn?- 

said* 1 

Johne Mortoun, James Thomsone, James Lyell, Johne 
Wodcok, Alexander Gibsone, Patrick Ramsay, with my hand, 
Alexander Dempstertoun, Dauid Dempstertoun, Mr. Alex- 
ander Sybbald. 



I, Johne Wilsone, umquhile channoun of Halyrudehows, The recanta- 
presentlie renunceis, and from thence furth sail utterlie renunce, jhone Wiisoun 
refuse and forsaik, the Bischop of Rome, callet the Pape, his ""J^^^^l^^' 
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) Soundaythe 



12 REGISTER OF 

^f*^ mM practue, or exerce, or haif ony maner of authorite, juris- 
dictioun, or power, within Christes Kirk heir in this reahne, or 
ellisquhare; bott «dl resist the samyn at all tjmes, to the 
uttennast of my power. An[d] alls I renunce and refbas all 
maner of idolatrie, superstitioun and hjrpocrisie, and espetiall 
the meis, as nmist abhominable idolatrie, contrarious and repug- 
nant to Christes dead and paasioun. 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 lenng 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 uttennast of my 
power, without hypocrisie or dissimulatioun, I will observe 
keip and maynteyne 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 
extinguiHsing of the Antichristes authorite. And attour, I 
abhor and detestis all veneratiou[n] 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 [quhatf 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 Roinme, be ony maner of pretenss. And in 



* It was while a body of French troops were marching, in the midst of a 
Bnow-Btorm, 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 
1559-60. On learning their ntitionality, the ?>ench 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 y Spot. Soc., i. 408). 
But in Thorpe's Calendar of State Papers^ and elsewhere, he is frequently 
designated Admiral Winter. Knox says he was * a man of great honestie, sua 
far at 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 * ( Wodrffiv Miscellany ^ p. 78). 

« Omitted. 



ST. ANDREWS KIRK SESSION. 18 

caiss ony [aith or promise]^ be maid, or hes 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 Christ[e]. 

And heir, in presence of God and this his congregatioun, I 
confessis and granttis that I haif 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. 

FoUowis the subscriptioun, 

Johne Wilsone abone writtin with my hand. 



We confess with our hart unfenyeatlie, witho^-t ony respect Sounday the 
to particular profict, movet alanarlie be the feare of God and tcbruar, 1559, 
his Word, that we haif ower lang abstractit ourselfis, and beyne '^^^l? 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].^ 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, finalie, 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 idolatr[ie] 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. 

^ Omitted. 



14 



REGISTER OF 



FoUowis the names of them quhai recantet. 

Robertas Smyth, manupropriay M. Joannes Toddrick,ThoinaA 
Durward, Johne Zoung, Dauid Frostar, Johne Thomsone, eldar, 
Henry Gwling, Jacobus Lyell, Thomas Braidfute, Robertus 
Dauidsone, junior, Walter Bowsy, Adame Gibsone, Magister 
Joannes Browne, manu propria ^criprii], Alexander Lowsoan. 



Sounday, the 
lo of Niarche, 
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 eJl maner of 
idolatrie, superstitioun and hypocrisie, and espeticdl 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 aetemall 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 liis aetemtdl 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 







1 ^ ^ 



1 




ST. ANDREWS KIRK SESSION. 15 

idoles^amages, 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 nianer of personeis, of quhat estate, 
dignitie, degree, oonditioun, thei be of. And protestes, in prae- 
sence of God and of his heir gathered congregatioun, that we 
sail never, fra this tyme furth, 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- 
biU Antichriste of Romme, by ony maner of praetenss. And in 
caisB ony aith or promise be maid, or hais beyne maid be us, to 
ony persone or persones, in maynteynan[ce], defenss, or favour 
of the Paip or Bischop of Romme, that inimye to Chris[te], 
or his authoritie, we repute, takis and haldis the samyn as vane, 
and of nane effect, strenth nor force. Sa help us God throwcli 
Jesus Christe. 

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 G<xi mercie and the hale congregatioun forgivenes, for 
Jesus Christes saik, &c. 

FoUowis the names. 

Joannes Balfour, mann sua scripsit^ Hugo Bontaveron, Joannes 
Broun, mbscripstt^ Robertus Marscheall, subscripsity Thomas 
Wemys, manu sua^ Joannes Thomsoun, manu propria^ James 
Symsone, Andro Watsone, with my hand, Andro Baxter, with 
my hand, Thomas Smyth, Alexander Balfour, vicarins de Kil- 
mary^ Magister Joannes Lau-month, manu propria. 

The 17 day of September, anno 1567 yeiris, this onder 

scription wes mayd in this assemblye. 

Johannes Kinloqwhye 

manu propria scripsit. 
Thomas Kynneir, with my hand. 

xtf^ OctobriSy 1567, Thomas Kinneir subscrivit.- 

The xiij day of March, anno etc. I nono^ I Maister Niniane 
Cwke affirmes all the premissis teste manu propria etc, 

^ This had originally been written, * vicar of Kilmany.' 

* These entries of the 17th September and 15th October 1567 have been 



16 



REGISTER OF 



Sounday the 
zvij day of 
Marche 1559b 



Therecanta* 
tioun of Freir 
Gmone, and 



FoUowes the rectantatioun of Freire Gresone,^ 
Priour Provintiall Genertdl of all the freris Pre- 
dicatouris in Scotland, be him playnlie, in the 
faice of the congregatioun, within the paroche 
kirk of Sanctandrois, day and yeir forsaid, maid. 

Heir, in presence of almichty and everliving God and of this 
holy congregatioun, I 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, * Johannes Kinlo- 
qwhye manu propria scripsit^ and Kynneir, * Thomas Kynneir, with my hand.' 
llie clerk has written the rest. 

^ 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. Qub, 
p. liii.). He was Prior of the convent at St. Andrews in 1517 {Register of the 
Great Seal ^ iii., No. 229). That Register^ and the Abstract of Writs of the City 
of St, Andrews f 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 cotuilium malignantium convened 
against Waller 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 
1559, and occupied the pulpit on the three following days. The reforma- 
tion of the city apparently began on the nth (Laing's Kfiox^ i. 349, with vi. 
25, and Wodrono 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 2ist 
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. 330)- 



ST. ANDREWS KIRK SESSION. 17 

I haif maynteynet and defendet diver[se] kyndes of supersti- ProvimUUi of 
tioun and idolatrie, by ^ the lawes and ordinances of almichty dicatouris in 
God, and hais remanet ower lang at the opinioun and defens Scotland, Ac. 
of sick thinges ; and repentis the samyn fra the bodowme of 
my hart ; and is content, in tyme to cum, to instit[ut] and con- 
forme my lyfe to the Word and doctryne of the aetemall 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 renun[ce] 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 tlie 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 ^ 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. ' That. 

fi 



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, e\4n sa I grant, according 
to Sanct Faules doctryne, that it is lauchfuU to tdl 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^ and urgent appetites of the 
flesche, they ar bound be the commandement of the apostle 
to mary. . 

Iteniy 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. 

FoUowis the tennour of the subscriptioun, 

Frater Johannes Gresone manu propria. 



Followis the proces betuix WilHame 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. 

Primo Februariij 1559. 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 wamet therto, 
agane the said day. 

Dedmo quinto Februariij 1559, loco predicto. In the cans 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 coirteynand in effect that 
sche purgeit hir, and deniit liis clame and petitioun. And the process, 
ministeris and eldaris hes 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. 

FoUowis 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 deceme 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 fire 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 
and moneth, yea and names ane amanges mony uthiris, with 
quhome he alleages I defyled his bed ; and, nocht content to 
have farcet^ his letter with thir maist manifest lies, he con- 
tinewes accusing me to haif conspyret his dead. I pray your 
wisedomes mjaist 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 eamestlie wisches), bot also mak me 
suffer sick punischement as his oppin and manifest adulter[y] 
hA 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 aetemall 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 Februarily 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^ [produceit]^ 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. 
' 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 decemes Mai^aret Moncur, in [Rantounl 

A[n]Btruthir, Agnes Lessellis, in Fawkland, and Margaret Steyn,. 

in the Erlisferry, to be summond, and Andro Baxtar, against 

this day fyvetene daiis ; and decemes lettres of summondis, at 

the instance of the [said] Williame, in presence of Elizabeth, 

wamet 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, swome, and ressavit, be his 
great aith swome, depones that he knawis nathing in the causs 
of adultery, nor of the crymes conteynet in the clame, except 
that in December twa yeir[is] bypast, or therby, the deponar 
rememb}rris in the said Williames awin howss, quhare James 
RutherAu'de 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 nescity etc. 

Andro Symsone, dwelling in the Sowthgait, 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, plu^ nescit^ etc, 

Robert Craig, dwelling nixt nichtbour to Elizabeth Gedde, 
knawis na thing of the crymes conteynet in the bill. &c. 

Margaret cdias Bege Grahame, examinate betuix Williame 
Ranto[un] and his wife, knawis nathing, except sche saw Andro 
01yph[ant] cast his cloyk abowte Elizabeth Gedde, and kis hir, 
upoun [hir] awin stayr, dwelland than quhare James Ruther- 
furde [dwelles], and that thre yens bigane, or therby : sche 
knawis na fo[rther] of the crymes conteynet in the bill, &c. 

Alexander Rudeman ccynformis est Roberto Craig il[n omnibus\^ 

^ 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 Mardiy 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, A[gnes Lessellis, in] Fawkland, and Margaret Steyn, 
in Erlisfe[rry : in quhilk terme] Williame produceit the saidis 
Margaret S[te)m, Agnes LessellisJ and Margaret Moncur, quhilk 
Margaret [wes allegit be Elizabeth] to be ane kynniswoman 
to William &c. The pudges decernis Andro] Baxtar to be 
ressavit on Setterday n[ixtocum the xvj of Marche] at twa 
efler none. Parties war[neit to the said day.] 



FoUowis 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- 

c. process, g^^j^^j^ ^£ the] paroche 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 etemall 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 wame 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 cans 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. 2S 

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 congregatioun 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 day 
of Marche, 1559. 

Dauid Spens,^ 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^ 
sum[mond], 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 



* David Spens was one of the three representatives of St. Andrews in the 
first General Assembly, which met at Edinburgh on the 20th December 1560, 
and was one of those whom that Assembly considered qualified * for ministring 
and teaching' (Peteikin'a Booke 0/ tAe Universall Kirk, pp. i, 2). He was ap- 
pointed minister of Monimail, from whence he was translated to Cambee, 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 Renter, with few exceptions, are in 
Spens' autograph. 



24 KEGISTER 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 Ki[n]pontt,^ quhais be3n-d 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 
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. 

Agnes Lessellis, summond and swome, sche confessis that 
sche hais borne ane bayrne in huyrdome to [Wi]lliame 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[uthJ 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 mome at sevin or aucht 



* 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 swome, purges hirself of 
subomaci[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 poUutet 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 swome, in the causs of Rantoun 
Williame Rantoun against Elizabeth Gedde, his spows, he 
knawis na thing to Williame Rantones wyfe, bott that sclie 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 mensls 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 Mar Hi predicii, 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 



rooess. 



96 



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 
the 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. 



lie sentence 
ronunced for 
ledde, &c. 



With incalling of the name of the everliving God, and of his 
Sonne Jesus Chriske, 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 
eflTect &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 mentis 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. 
Sentence pro- and to be intertineyt and trietet be him in maner following : 
Seddc!&c..&c. (^^ haiflRuid onlie God before our eies), be this our sentence 






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ST. ANDREWS KIRK SESSION. 27 

• 

diffinityve, pronuncess, decemess, 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 (quhoine, nochwithstanding 
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, 1669. 

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 Marciij 1660. 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.^ ^ar «<?'«• 

^ 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 ( IVodrow Miscellany^ pp. 63, 65 ; Laing's Knox^ i. 388 ; 
iL 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 
Majes'tie) men of all sorte and conditiounis embrace the truthe* (Laing's^n^x, 
Ti. 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 ; ii. 5 ; 
Spottiswoode's History, i. 307). He remained at St. Andrews until the end of 
April 1560, when he returned to Edinburgh (M*Crie's Knox, 1861, p. 205) ; 



28 



REGISTER OF 



MoniHo contra 
Andream 
Lummy sden. 



Decimo seocto Marcii^ 1669. 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 decemess 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. 



Susfensio 

Todrick, 

Ramsay. 



Die Jovis quarto merms Aprilis^ 1660. The quhilk day, 
M. Johne Todrick^ 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 ICftox^ 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 157 1, 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 Schort Discurs of the EstcUtis quka hes 
cans to deploir the deith of this excellent Servand of Gody reprinted by M*Crie in 
the supplement to his Life ofKnox^ by Maidment in Davidson's Poetical Remains^ 
and by Dr. Rogers in his Three Scottish Reformers, 

^ 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. ^ 

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 eflfect 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^ in the 
Auld College. 

Minister, eldaris, and counsall, of the Christiane congrega- Tweddell, 
tioun of this cietie, reformed now toward the religioun of ^^*™**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 fayth full 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 faythfuU promise of mariage to me, according 
as the law of God will. 

Undecimo die mensis A prills, anno Domini^ 1660. The quhilk Tweddell, 
day, Walter Ramsay being clamed be Catheryne Tweddell for '^^^^^y* ^ 
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, decemess the said Walter 
to compliete the said band with the said Catheryne, becaus the 

the able of that church {Abstract of the Writs of St, Andrews , Nos. 3, 165). He 
also occurs as a notary public on the i6th 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. 1 1, 14). 
^ Saddler, or bridlemaker. 



A 



80 REGISTER OF 

woman alleaget hir to half 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 
cans quhareby he mycht be absolved fra hir petitioun, he said 
he w£dd use na thing against hyr. &c. 



The tennour of the clame of Besse Millar clamand 
mariage of Alexander Adie. 

Myllar, Adie. j^ Besse 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 tryall 
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. 

Myllar, Adie. HonorabiU 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 fomicatioun, 
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, with[out]^ 
ony promise of me maid to hir of mariage, clames me, I never 
makand hir promise of mariage, nor yit hes sche ony baymes 
to me, nor yit promiste I to hir ony of my gayr. And suppos 
I had camall daill of hir of before, committand therby fomi- 
catioun with hir, to evade that syn I cheset to me the said 
Marioun to be my lauchfull wyflfe, quhai before the said con- 

* Omitted. 



ST. ANDREWS KIRK SESSION. 81 

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, Mariomi I pray God that every ane of 
yow haif gude of ane uthir, for I haif nathing to say to him 
nor yow, hot I wald ye war als weill as myself. And in 
harvesd last wes, the said Besse granttes that I promiste never 
manage to hir, and discharget me becaus ther wes na promise 
betuix me and hir. And, as I sail ansuere before the aetemall 
Grod, I promiset never to mary the said Besse, nor yit to give 
hir ony of my gayr. And in sa ^r 'as I had camall 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 ask is God 
mercie, and sail never in tyme cuming God willing committ 
siclyke. Quherfore, I beseik your m. to cans 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. 

Dicto die undecimo mensis Aprilis, 1660. The quhilk day, in 
the cans 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]* Alex- 
ander Adies aw[in] confessioun in presens of minister 
and eldaris maid, &c. 

Beatrice Buge, sister to Johne Buge, wricht and cietiner ofweposiHo 
this cietie, being swome and examinate, be hir great aith""^^' 

^ Omitted. 



82 REGISTER OF 

swome, sche knawes nathing of talking of mariage betuix 
Alexander Adie and Besse Myllar; and being demandet 
quhidder give sche ever hard Besse Myllar 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 scome 
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 yow, mekle joy mott ye haif of 
him. And sche knawis na forthir. &c. 

:^ftssu Alexander Adie confesis tha[t] he knew never of Besse Millar 

Idle. Ijq^ gchg ^gg ane maden ; and he never maid promise to hir, 

nor never gaif hir gayr, nor jrit tuke gayr fra hir. 

Die vigesimo quinto Aprili^y 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, swome, and 
examinate, the minister and eldaris hais statute Thurisday, the 
i MaiL secund day of Maii to pronunce in presence of parties warned 

to that day. 

FoUowis the tennour of Jhone Ewenes depositiouii. 

DepoHHo Johne Ewene, witnes produced for Alexander Adie against 

Ewene. Besse Millar, being sworne and admitted, depones that he hard 

never ony promise of mariage nor commowning of mariage 
betuix them, bot fairn-year^ 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 

* Las! 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 niayr. 

Jovls. 

Die secundo merms Maii, 1560. The quhilk day, in the actioun 
and caus moved be Besse Millar against Alexander Adie ane^ 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 Thurisday the xvj day Jovis.xvjMa 
of Mail, m presence ot parties warned to the said day. dum. 

FoUowis ane dilatioun against Agnes M^Ke that sche, mur- Macke, Adie, 
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 \blank'\ 
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 Mr. 
Robert Hammyltoun,^ regent of the New College, &c. 



^ Should be aneni, 

* 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 I559« 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 ist 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, and 
Principal of St. Mary's College. 

C 



Adie. 



34 REGISTER OF 

Walter Adie delatat with thir wordis, Wille Mayne,^ 
will ye give me ane techet * to be served the Divellis 

^ One of the deacons. 

' A ticket or token. Steuart of Pardovan speaks synonymously of * tickets,' 
'warrants/ or 'tokens/ and also more specifically of 'the parish lead ticket' 
{Collections and Observations^ 1709, 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 Congr^[ation 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. Churchy 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 QuerieSf 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 aftd Queries, fifth series, 
xi. 5I5)> In an earlier number of the same journal, another writer states his 
conviction that what are known as * Abbey tokens ' — which are m^de 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 Trubles, Spald. Club, i. 117). In the 



ST. ANDREWS KIRK SESSION. 36 

dirt?^ I sail by* 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 decemis Agnes M®Ke and Walter xxvjApHiu, 
1560. 

Macky, [Adie 
Booke of Common Prayer y intended for the Church of Scotland, and written 
in the reign of James the Sixth, it is ordered that, ' So many as intend to be 
partakers of the holy communion, shall receive there tokins from the minister 
the night btefore* {Scottish Liturgies of the Reign of James VI. y 187 1, p. 65). 
And Dr. Sprott, in one of his editorial notes, says that tokens ' 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 chained 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 
da3rs, 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 'scene 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. 

' * Divellis dirt was evidently used to express the greatest contempt. In For- 
farshire, asafoetida pills are widely known as devil's dirt pills ! ^ Buy. 



36 REGISTER OF 

Adie to be fratemalie 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. 

x^W/n/w. 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 
Fftfbandajwu, supper and dennar, or ^ this day tolmonth. Provin be Margaret 
a (su) Matt, Carstares on Thurisday secundo Mali. To prief be uthir witnes, 
Setterday quarto Maii, 1660. 

Die secundo Johne Law said, The Divell knok owt Johne Knox hames,^ 

[Law!]' for» quhen he wald se him hanget, he wald gett his sacrament. 

Johne Law granttis that he said, God give Knox be hanget. 

Diesecuuda Williame PetiUok, dwelland be este Thomas Martynes, said, 

[PcUUoIl] * The Divell ane kirk will I gang to ! and. The Divell bum up 

the kirk or ^ I come into it ! and. It wer gude that Knox war kend 

the gayt quhare fra he come ! Williame granttes thir wordes, 

Javis, 9 Maii The Divell cayre ^ the kyrk ! Probanda idterius Jovis no7U> 

probanda, i^ .. . i- ^ 

Mail proximejuiuro, 

[Thomsone.] Elene Thomsone, the spous of Johne Dry burgh, ane plajme 

contemner of the Word of God, nethir cummes to preaching 
nor prayeris, ane evill speaker of the ministeris, and espetialie 

Sahbatum, 4 of Johne Knox, and ane blasphemar of the Sacramentes. Pro- 

banda Sabbato * quarto Mali 

rHowbume and Andro Howburne and Margaret Downe, fomicatouris, con- 
€9mHnuaturad tinewed tlier correctioun quhill Thurisday the nynte day of 
/ .9 «w. May, in 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. • Brains. ' Rake up. * Here used for Saturday. 



ST. ANDREWS KIRK SESSION. 87 



FoUowis 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- ^*2^°^°' 
domes humelie meynis and compleynes your daylie oratrice, 
Elizabeth Gedde, upoun Williame Rantoun, that quhare we 
beand copuled and juned in lauchfuU 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, conforme to the institutioun of 
that holy band, unto the monethis of November and December, 
in the yeir of God, &c. fifty aucht 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 faythfuU promise 
lauchfuUie 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]^ 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 wyse- 
domes, and also in presence of the haill congregatioun of this 
cietie ;^ 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 



Omitted. ' Supra, p. 6. 



38 REGISTER OF 

SSSi""' ^^^ decerne me to be divorced and separated simpUciter 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 manage forsaid, according to equitie and justice. And 
your gude ansuer heirin, maist humelie, I beseik, &c. &c. 

Secundo die meims Maii^ 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 aucht 
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,^ Johne Ruthirfurde, and Robert Pont, 
with Johne Motto, amicable compositouris equalie amangst 
them. And Mr. Johne Dowglas, Rectour, and Mr. Johne 



* 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 Me/vt/ie, ii. 373, 474; Peterkin's Booke of th€ 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, lemit 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 Mail, in presence of parties warned Settcrday, 
therto. ^ ^^ 

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. Cristjme 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, haifiand place and tyme offerred 
therto, wer swome and exexaminated (*ic), as efter foUowis in 
ther depositiones under inserted. And with consent of parties, 
the minister and eldaris lies statute to pronunce on Thurisday 
nixt to come, nono Mali. /ovis, 9 Mail 



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 WiUiame Rantoun. [Depositiones 
Sche knawis nathing, bot that upoun ane nicht the deponar causofRanto 
past to the stare of hir hows quhare sche dweUis, and there ^^^ Gedde.] 
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 BEGISTER OF 

quhare the clerkis chalmer 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]"^ wald be there xv or xx daiis; and 
WiUiame 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 M effen, tailyeour, depones that he hes sejme 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,* 



1 Omitted. 

- 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 Agesy 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 Writs of St. Andrews, No. 105). The earliest definite 
reference to the sang-school of St. Andrews, which I have seen, is in 1545 {/did. 
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 th^ 
skill of David Peables — one of the canons of St. Andrews — who harmonised it, 
and to the enthusiasm of Thomas Wode — 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 [&2anAr] his wyf, are conforme to Mathew King and hi[8] 
wyfe in all thingis. 

Margaret Murdow granttis the sclanderous wordis layd to K/^ j*'^l 
hir charge, or, at the liest, sick wordis in eflTect, therefor the 
minister hes moniste hir to absteyne fra sick sayingis in tymes 
cuming, under panes of cursing ; reserv^and civile correctioun 
to the magistrates of the toun ; and supplicatioun to be directed 
with this proces to the Provest and baillies, in uheriorijbrma. 



Thomsone. 



Nono Maii^ 1560. Elene Thomsoun confessis in lyke maner \i[oni^o\ 
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 Antiquaries of Scotland f and 
in Macniceken'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 Gla^ow {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 schoU [in St. Andrews], and for taking up of the Psalme at preache- 
ing and prayeris, of fie ijc li.* (Livingston's Scottish MetriccU Psalter^ p. 22). 
James Melvill undoubtedly refers to the * Doctour of the Sang Scole * mentioned 
in the text, when he says, * In these yeirs I lemed 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 lemed 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 : — * I acknowledge sinceerely the whole compositions of the parts to belong 
to the primest musicians that ever this kingdome had, as Deane lohn Angus, 
Blackball, 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. 

jovisasMaii. Continuatur causa Rantoun ad pronunciandum et Gredde 
Jovis xxiij Maii in praesentiis partium. 

Ramsay. Di€ dedmo sexto Mail. Patrick Ramsay is obliste to tak the 

bayme 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 M ertymes and Witsomday, till the bame be 
sevin yeris auld ; and the nurice to be gottin, and the bayme 
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 hes maid pro- 
mise of manage, 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 ordinar authorite, &c.^ 



^ The proclamation of banns of marriage on three Lord's days was enacted by 
David de Bemhame, Bishop of St. Andrews, in a Synod held at Musselburgh in 
1242 {Concilia Scoticie^ 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 offer 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 r^^lations were practically adopted at the Reformation, 
for the English Congregation at Geneva declare, in their Order of 1556, that the 
banns are to be ' publisshed thre sevcrall dayes in the congregation, to the intent 



ST. ANDREWS KIRK SESSION. 43 

Die decimo sexto mensis Jtdii^ 1560. Andro Howbume, being ^^'"jf^ 
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 the3nr 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 tJie Universall Kirk, p. 39). 
As 'mariage 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 Principal! Acts of the Solemne Generall 
Assembly t 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 
Tami2%e,^ {Directory for Publike Worships 1645, p. 48). In 1690, 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 ' {PrincipcU Acts^ 1691, pp. 10, ii). 
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 
ahnows. 



PeHtio 
Dauid Gude- 
lawde, &c. 



saying aganis the sacrament of the body and blude of Christe, 
sayand that he suld hallow ane laif ^ and ane p}mte 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, scornfuU aganst the majestic of the 
Trinitie, videlicety Quiiidder 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,* cietineris, suome 
befoir the eldaris in presence of Andro Howbume, 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 * Statute of almows,' 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: — ^ vigenma sexta^ for ^ xxv^' \ 
* day,' omitted ; * statutes and ordeynes,** for * divisis and 
statutis ; ' and the addition of three final etceUrasJ] 

Richt venerable minister and eldaris, unto your wisedomes, 
humilie menis and schawes, Dauid Gudlawde, That now it is not 
unknawin that Margaret Archbald, my spous for the tjmie, 
and Cristyne Petbladow hir moder, spous to umquhile Andro 
Archbald then on lyfe, in the yeir of God m® v® xxiiij yens, 
departed furth of this realme, by * the knawlege or consent of 
ony of us ther said husbandis, being baith suspected adulteraris, 
as the died hes schawin in the said Margaret, be defyling of my 
bed, takin ane uthir party in praet ended 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 findand 
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. 



^ Should be maltman. 



3 Without. 



ST. ANDREWS KIRK SESSION. 45 

tymes bipast. Beleving na impediment to haif bejme 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^ baith our knawleges. Forder lang dilay may 
be praejuditiall to our caus, in sa far as I haif bott twa witnes 
in this resume ; 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 decemis 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, tmd examin- 
ated adjuturam rei memoriam propter metum mortis atU alius 
diuiinae absentiae, 

Mandant et praecipiunt minister et seniores ecclesiae Chris- Edictum 
tianae apud civitat[em] Sanctiandreae in regno Scotiae, consis- ^^^^'^^* 
tentis, per hujus edicti publici januae templi parochialis 
civitatis praemissae affixionem, citari prout re ipsa citant 
Marg[a]ritam Archbald sponsam (priusquam se ab illius con- 
tubemio 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[in] 
destinato, octuagesima die juridica citationem hujuscemodi 
ipsorum proxime et immediate sequente, 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 ^ ^ese copulasse, tertium praeceptum 
secundae tabulae, ubi scriptum est, ne adulterat[o] transgredi- 
endo) pro parte ipsius Dauidis, contra ipsam, ut ob hoc simpli- 
citer separentur disjunganturque, actis et terminis judicialibus, 
juxta ordinationem juris divini, serv^atis, moveri et intentari, 
certam 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 
diiRnitivae 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 
ha£ vero edicti litteras huic januae affigi mandarunt, ne veri- 
simile sit apud quempiam incognitum remanere, quod tarn 
Gudiawd. 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« 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 Greorgius 
Blak diaconus ecclesie et congregationis Christianae reformatae 



^ Daciae, Denmark. 



ST. ANDREWS KIRK SESSION. 47 

apud civitatem Sanctiaiidreae 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- 
sitis. 

Georgius Blak manu propria. 

Richt worschiphuU minister and eldaris, of the Christiane 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, aZm.9 
Buckijlis, defyled my bed, committed adulterie, buyr twa 
baymes ; 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 deceme 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 none Augusti^ 1560. Per ministrum et seniores. 

The quhilk day, compered Dauid Gudlawde, and produced Gudelawde. 
ane summondis, executed upoun the kirk dur of Sanctandrois, 



48 KEGISTER 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,^ 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 swome and examinated as his deposi- 
tioun forsaid makis mentioun. Therfore it is statute be 
eldaris to produce uthir witnes literatorie, 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. 

Eodem die etc- 

Decreium, The quhilk day, compeared James Baveriche, cordiner in this 

Ph^ulouD, cietie, and Elizabeth Phenisone, as in the terme assigned to 
^^'^^ decide the matter et cans betuix the saidis James and Elizabeth 

and Andro Seres, anent th[e projmise 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 heirupoun, hes 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. 



^ 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). 

^ 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 docs not appear 
to be anything wanting. 



ST. ANDREWS KIRK SESSION. 49 

Responsum minlstH de Lund in Datia. 

Jhone Olufson, called Spaidmaker, minister of Lund, in Gudiawde. 
Skonesyde, confessis that he hes 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 capitulo Lundensis juridice^ the 
Monday efter Joannis 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., xxix Augusti^ 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. Causam sctentie reddit 
that he wes in Margaret Archbaldis hows thre quarteris of 
ane yeare, and hard hir confes as is libellated. 

Die Jovls quinto mensis Septembris, 1560. 

The quhilk day, in the actioun and caus of divorce moved Gwdelawd. 
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 confonne 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 ly ving God, we, minister \Sintentid\ 
and eldaris of this Christiane congregatioun of the cietie*and ^"^®^****^' 
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 hes, under pretens of matrimony, ad|j]oyned hirself 



60 KEGISTER 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 sjm 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 lauchfuU intimation therof maid be the minister of the 
kirk of Lund, in Denmark, quhare the said Margaret makes 
residence : we with detfuU ordour haif proceded, and being 
■ rypelie 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- 
cemis 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 Hbertie to tlie said Dauid 
in the Lord to contract and mary ony uthir lauchfuU woman, 
Bjs 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** \^ and thre scoir yeris, at the 
instance of Dauid Gudlawde, and in peane of nocht compearence 
of Margaret Arclibald, heirto summond in maner forsaid, &c. 

Followis the proces of Alexander Lathrisk in Kircaldy. 

Lo^d*^* ?^ ^^^ My Lordis of Secret Counsale unto your lordschipes humelie 

Secrete Coun- menis and schawis I, your servitour, Alexander Lathrisk, 

ander^LauSil indwellar in Kirkcaldy: that, quhar it is notour and manifest 

"^^iV" ^"^' ^® *^^ ^^^^ ^ knawis Besse Symsoun, sumtyme my spous, that 

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 preesent in this realme for the tyme, as to sindry the 



ST. ANDREWS KIRK SESSION. 51 

natyve lieges therof ; and hes borne bairnes to $indry persones; 
quherthrow sche maist ungodlie and falslie hes brokin and 
violated hir promise of manage to me, and swa, be the ordour 
of Groddis Word plainlie reveled, partising aucht 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 orde)me, to 
his glorie and gude exemple of uthiris to eschew sick filthynes, 
but "^ stop or dilay, and your lordschipes ansuer humilie I besiek. 

Deliberatio dominorum. 

Apud Edinhirgh^ secundo Decembris^ anno etc, ir®. The 
Lordis requestes the ministeris and eldaris of Sanctandrois to 
procede and do justice [in]^ this actioun within writtin, to 
baith the parties within expremed conform to the Word of God. 

Jamis.^ 

James Stewart.* 

R. Boyde.5 

Wchiltre.® Cunnyghamhed.^ 

Johne Erskyne.® 

Jhone Wischert.^ 



1 Without. ^ Omitted. 

' James, Duke of Chatelherault, who had been Regent of Scotland after 
the death of James the Fifth. 

* Best known as the Regent Murray. ' Robert, fourth Lord Boyd. 

* 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 Caletidar of State Papers, Scotiaftd, i. 119; Kt\\\is History, i. 236). 
The Register of the Privy Council is blank from January 1 553-4 to Sept. 1561. 

' William Cunningham of Cunninghamhead. 

* More probably the Laird of Dun than Lord Erskine. * Of Pittarrow. 



52 REGISTER OF 

:suju 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 
AbenJour, wisched grace, mercie and peace fra Grod our Fader 
and the Lord Jesus Christe, so be it. Forsamekle as be the 
Lordis of Christiane Congregatioun and Secrete Counsale therof 
he<s be ther letteies of request directed to us under theris or 
[at]^ 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 spK>us, for committing the filthy 

crvme and svne of adulterv, brekand the thrid command of 

• • • 

the secound table, quher it is writtin, Thow sail nocht commit 
a&lulter}'. 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 fkvthfuU kirkes and congregationes abone exprimed ; 
that ignorantlie as blind judges we procede nocht to ony act 
judicialK in this sa ponderous and wechty causs, withowt trew 
cogiiitioun tayne rj'pelie in the same : heyrfore, consultatioun 
haid l>efore, be mature deliberatioun therefter following, think- 
and it ressonable and maist conforme to justice, to procede 
ordourlie l>e ane summondis pneceding all act judiciall heirin- 
till l>e us to l>e obseneil, will we that the said Elizabeth alias 
Be$$e SvmsiHie for^aid, be the tennour of this our edict to be 
|Hibliclie aflixeil to the kirk durres of Kirkcaldy, upoun ane 
SiHmday, the tyme of the preacheing or commoun prayaris to 
staiui thor, Iv suuimoud^ warned and atteached ; quhom we alsua 
sumuKHKU wanie and atteache be the tennour of thir presentis, 
aiK$t\ tw\>!ie, thrise^ j>eremptourlie, to compear personalie before 
\ts» in the consistory hows al)one the porche dur of the paroche 
kirk of SaiKtaiulrois« u^hhiu Weildinsday, the aucht day of the 
nKHieth of Januar nixtocome, in the houre of caus, quhare 
jmljtemettt is to l>e gevin and caussis to be heard ; and ther to 
hcAW ainl see cogt\itiouu and tryall takin and proces led in the 



ST. ANDREWS KIRK SESSION. 53 

actioun and caus forsaid of adultery moved and intented l)e 
the said Alexander against hir, witnes ressaved, swome 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 l>e public edict, 
becauss we are certanelie cidvertysed 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]^ 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 ^ 
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 edicti praeinserti. 

Upoun Sounday, the xv day of December instant, we, Lawthnsk. 
minister, eldaris and diacons, of the reformed kirk and con- 

^ Omitted. ' Should be t/tir. 



54 REGISTER OF 

gregatioun of Kirkcaldy, publiclie in the paroche kirk of the 
same, in tyme of commoun prayaris, haif summotid, warned 
and atteached Elizabeth alicis 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 subscript 
tiones manuall, &c. 

George Scott, minister.^ 

Johne Quhyt, eldar. 

Dauid Hay, eldar. 

George Bawcanquell, eldar. 

The xxij day of December, I, Johne Patersone,* minister in 
Aberdour, upoun thir abone writtin James NichoU, Robert 
Cantt and Thomas Tumour, dwelland within the paroche of 
Aberdour, efler 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 mensis Januarii, 1560. Secundum supputationem 

ecclesiae Scotkanae, 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 lauchfuUie 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 liandes, recognosced be James Nichol- 



^ George Scott, brother of Thomas Scott of Abbotshall, was translated to 
Dysartin 1574 and died in 1582 (Scott*s Fasii^ 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 Memoriales^ 
Ban. Club, pp. 222, 223). 

• So late as 1574, 'Johnne Patersoun* is mentioned as * reidare at Abirdour,' 
with a stipend oi £10 ( IVodrow Miscellany^ p. 363). 



ST. ANDREWS KIRK SESSION. 55 

soun in Aberdour &c. And als tlie said Alexander produced 
thre witnes, viz. Jaines Nicholsone forsaid, Robert Cant, taill- 
yeour, and Thomas Tumour, in Aberdour dwelland ; quhilkes 
witnes being produced and swome wer examinated, as foUowes 
heyrefter, &c. The inserting of the testimonial! forsaid of 
quhilk the tennour foUowis. 



The testimonial!, &c. 

Till all gude Christiane people, to quhais knawleage thir Lawthrisk. 
presentis sal [happin]^ 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, hes subscrived thir presentis, with our hand, at 
Aberdour, the xxiiij day of October, the yeir of God j°* v® and 
sextie yeris. 

Sir Walter Patersone, vicare of Aberdour, witli my hand. Lawthrisk. 

Johne Robertsone, officer of Aberdour, with my hand on the 
pen led be the notar underwrittin. 

Alexander Hay, notarius de mandato 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. 



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. 

Jhone Fyn. 

Walter Cant, with my hand at the pen. 

Williame Alexander. 

Francisce Cwke, with my hand. 

Johne Boid, with my hand at the pen.^ 

Johne Gibsone, with my hand. 



* 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 ailpable 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 Northberunc^ 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 Mary 
Queen of Scots Kecovered^ p. 100). Probably Sir Walter Scott did the great 
Earl of Angus, otherwise known as ' 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.* 

GuiU and Godlit Ballatts^ 1868, p. x8o. 

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* {Coticilia 
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,^ produced, swome Lawthnsk. 
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 sche wes ane quhore, to Inglismen and Scottis 
soldiouris ; and put hir in ane cart and caried hir throwch the 
toun of Aberdour, quhai nochtwithstanding hir careing sche 
thocht na schame therof, and said sche wald abuse hir bodi 
and be ane huyr, and^ thei wer all hanged, &c. 

Robert Cant, tailyeour, in Aberdour dwelland, depones con- 
forme to James Nicholsone; and that sclie 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. 
'35)* 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 Scotiae^ 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 compelentlie 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 ^ W^od. 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 hes 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 TractatiSy 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, cspeci- 
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). Yet 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 wrcatt upon 
ther floor, lying upon thcr bellies* {Minutes of St. Andrews Town Council^ 
vol. v). 

^ Expressed. ' Although. 



68 



REGISTER OF 



Lawtbrisk. 



Lawthrisk. 



Thomas Tumour ressaved, sworn and admitted, depones 
conforme to James Nicholsone in omnibus^ etc. 

Quhilkes witnes, being produced, swome and examinated, as 
is abone conteyned, decerned are testimoniales ^ be the minister 
and eldaris forsaid, in forme and effect as efter foUowes. 

The name of Christe Jesus, Sone of the etemall 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, swome, admitted, and examinated be us, in peane of 
nocht comperence of the said Besse, be our public edict to 
that effect lauchfuUie summond ; together with ane testimonial! 
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]^ 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, 
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. 



^ Their decision was doubtless thus designated because the sentence was not 
formally published by them. 
» Omitted. 



I 



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 Kantoun. 

With incaUinff of tlie 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 ^'*^"'* 
of Sanctandrois, takes to witnessing of our consciences, that 
we, takand cognitioun in the actioun and caus of divorcement 
or partysing, moved and intentated by Elizabeth Gedde against 
Williame Rantoun liir pra»tended 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 quliome we communicated the secretes of the 
said caus and matter, and with us and them being heard, seyne, 
consydered, and rypelie understand ; haiifand 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 crvme of adulterie betuix 
them committed ; like as the said Williame also lies also con- 
fessed the [like]^ 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 stm- 
plicUer partysed fra the said Williame hir praetended husband ; 
and heirfore, be this our sentence diffinity ve, pronunces, decemes, 

* 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^ tyme 
to tak forther triall and cognitioun heirintill, according to the 
law of God forsaid : be this our sentence diffinityve, subscryved 
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.* 

The Petitioun, &c. 

Petitio WorschiphuU minister and eldares of the congregatioun Chris- 

^^ ' tiane of this reformed cietie of Sanctandrois. Unto your wise- 

domes humilie menis and schawis your Cliristiane brother 
Alexander Clerck, upoun Agnes Schevez sumtyme my spous : 
that quhare, in the yeir of God j™ fy ve 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. 

' 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 Regiiter 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 b^iin 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, 
' Johne Knox beand at that t3rme minister.' 



ST. ANDREWS KIRK SESSION. 61 

solemnizatioun therof wes nocht haid before the congregatioun, 
nevertheles, I standing ever trew and anefald^ 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 Grod, as his maist haly law 
permittes: this of your juditiall authoritie implorand maist 
humelie, &c. 

Die Mercurii ooiaf^ Februarii, 1560. Per ministerium ecclestae 
reformatae Sanctiandreae in dominicula stipra porticum templi 
parochiaUs. 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, hes set and statute 
Fryday nixtocome, for to pronunce for the part of the said 
Alexander, becaus of the confessioun forsaid, and notorietie of 
the cry me be hir committed being maist manifest, &c. 

Die Veneris vigesima prima mensis Februariiy 1560. The 
quhilk day, in the actioun and caus of Alexander Clerk and 
Agnes Schevez tending to divorce, the minister and eldares 
decemes them to be separated, be reasone of adulterie com- 
mitted be the said Agnes, with licence to the said Alexander 

* 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 in vberiorijbrma^ etc. 



Sententia Clerk contra Schevez, &c. 

SeutenHa, With incalling the name of Christe Jesus, Sone of the 

aetemall and everleving God, quhai beares leale and suthfast 
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 praetended spous, for the cryme of fomica- 
tioun or adulterie committed be hir with Henry Balfour, to 
quhome sche hes borne ane bayme, 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 mayr 
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 as heard, scene, consydered, avysed with all, and rypelie 
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, 1660. 



ST. ANDREWS KIRK SESSION. 63 



The process of Alisone Calland against James Alexan[der]. 

Petitio SuppUcatoria, 

My lordis, minister and eldares of the Christiane congregatioun PtHih, 
of the cietie of Sanctandrois. Unto your lordschipes humilie Afelcanderr''^^ 
menis, complenis and schawls, I, your servitrice, Alisone Cal- 
land, upoun my pretended spous, James Alexander, induellar 
in the toun of Sanct Monanis : that quliare we, of the corrupted 
Papisticall maner, wer contracted and maryed, in the moneth 
of Januar in the fiftie aucht yere of God ; be virtew of the 
quhilk, efter the praetended solemnizatioun of the said mariage, 
1 remaned with him to the secound day of the moneth of Maii 
nixt therefter ; and albeit the said James audit and wes obliste 
of the law of God to haif 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 day lie and continualie, 
[he]^ manisched,^ reproched, and bacbyted me, all my lynage and 
ofspring, saying that he haid entered amang tlieves, bordalleris * 
and beggares ; and at tymes, in his furie and anger conceved 
against me without ony deserving, wald say, with ane proterve * 
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 sa affrayed 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 oflTenss 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 nichtbouris nixt adjacent to him, 
that he entreates the said Elizabeth in bed and buyrd, and 

J Omitted. « Threatened. 

' Haunters of brothels. * 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 ^ 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 by past, 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.^ 

D^ie qtiinto mensis Marcii^ anno Domini m^if sexagesimo, 

Caiiand, The quliilk 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 [hep 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 * oblesis hym to relev Thomas Martyn of 

^ This is the last entry in the writing of David S])ens. ^ Omitted* 

' Invery is the old name of St. Monans. Wyntoun relates that * Saynct 
Monane/ one of Adrian's company, chose to lead his life at Invery, * sa nere the 



ST. ANDREWS KIRK SESSION, 66 

souertie foyrsayd. In lyik maner, Wiliam Pryngyll cordinar 
18 becumin caucionar for Aleson Calland, under payn of twenty 
liti. ; 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 CaUand, 
preve hyr libell deny[it] be James Alexander, comperis Aleso Alexander. 
(sk); and, in presens of James, produces ane summondis executit 
and indorsat upon James Dwn duelland in Abyrcrumme,^ Dauid 
Mayr thar, Male Stewynson spows to James Bynnyn in Sanct 
Monanps], Margret Paige spows of Thomas Bynnyn in Sanct 
Monanis, Aleson Small spows of lohn 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 swome and admittit in presens of James, and 

s^,* and *thare cnd)rt he' (Laing's IVyntourty ii. 85, 86). His cell, now con- 
vened 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 In very (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 
Scotlandy 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 faythfiill subjectis,' James Sandelandis was 
intrusted with those of * Sanctmonanis,' * Kilmynnane,' and * 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). 

^ 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 K^<ts of the Parliaments of Scotland ^ vol. vi, part ii. 

pp. 433. 434). 

E 



66 REGISTER OF 

singularlie examinated in presens of the hoU ministerie. And 
Margret Rychartson, and James Dawson, summond, and 
exc[u8it] 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 M aii 
nixt to cum, to compeyr befoyr the ministerie and heir pro- 
nuncede in the said caws. 



Follo}vis the deposicionis of wytnessis examinated 
upon the puntis of the libellat summondis of Aleson 
Calland aganis James Alexander.^ 

1 Thomas Dwn, dwelland in Abyrcrumme, ansueris that [he] * 
hearis common voce and fayme, that James Alexander lyis wyth 
Ksse Cwyk and at it war gud sche war owt of his hows. He 
knawis na ma3rr. 

Dauid M ayr dwelland in Abyrcrumme is conform to Thomas 
Dwn wytness precedin[g]. 

2 Male Symson, spows to James Bynnyn in Sanct Monanis, be 
hyr ayth deponi[s] that, upon ane daye sche being in cumpany 
wyth James Alexander, hard hym [acknowledge his guilt with 
Elizabeth Cwyk ;]' 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 h3rr ayth deponis that sche hard James Alexander confes, 
in hyr awyn hows and [in] * presens of Male Symson wjrtnes 
preceding, that [he]^ 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] * hard James Alexander confes, in the hows 
of James Bynnyn in Sanct Monanis efter departing of Aleson 



^ 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. 

« Omitted. « Modified. 



I 



ST. ANDREWS KIRK SESSION. 67 

Calland his wyf fra his cumpany, that that sam nycht [he had 
committed adultery,]^ nocht specifiand the nam of the 
woman. 
6 Dauid Mwrdo, servand, dwelland 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^ James Alexander and 
Besse Cwyk, and saw the thing betuix tham that wes not 
lyklie. 

6 Dauid Ma3rr, dwelland in Abyrcrumme, deponis that the 

7 common voce and fame is that James Alexander hes camcdl 
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. 

1£ Janat Maleyn, spows to Andro Dyschingtoun, knawis 
nathing bo * 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* 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. 



* Modified. « Watched. » Should be bet. * Boast. 



68 REGISTER OF 

19 Thomas Cowpar ^ in Sanct Monanis knawis nathing bot com- 
mon voce and fame lU 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. 

SI Andro Alexander in Sanct Monanis knawis nathing bot 
common voce and fame ut supra, 

9& 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 bjrpast. 

26 Jhon Brown servand to James Alexander knawis nathing bot 
that ilka body sayis that James Alexander hes camall 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. 

* 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 
ihire [Fife], and a family of my name is still there* {Statistical Account of Fife- 

thirty i845» ?• 344). 



ST. ANDREWS KIRK SESSION. 69 

29 Margret Byniiyne, 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 Elizal>eth 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 
camall dayll wyth the sayd Elizabet, and at sche lyis nychtlie 
in his chalmer quhen sche plesis. 

80 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].^ 

31 Symon Herreis deponis and confessis that Elizabeth Cwyk 
lyis in chalmer wyth James Alexander : caiisam sciencie reddit, 
the deponar was serv^and 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 momyngis and cum but.^ Item^ he confessis that common 
voce and fam beres record that thai have camall dayll together. 

32 Robert Duncan in Sandfurd* deponis and is conform to 
Symon Herreis wytnes preceding in al thingis, vidz., in caus of 
knawlege as deposicion. 

Die xxvj mensis Marcii an/io Domini m/^v^lxi. 

The quhilk daye, as in term assignit to Aleson Calland to 
reproduce the supplicacion direct to the minister and eldaris of 

1 Modified. ^ Come into the outer apartment. 

• Probably Sandford in Kilconquhar parish, which occurs in the Inquisitionum 
Retomaiarum Abbreviatio 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 ' 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. 

83 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 ^ na tym and knawis no may[r.] 

84 James Dawson, dwelling in the Wester Wemys, xix yearis 
of aige protU asseruit^ deponis and sayis, that he hard James 
Alexander call his wyfF, Aleson Calland, huyr and theif, and 
said lie wes enterit amangis huris and theiffis. And also 
deponis that Elizabeth Cwyk lay continualie in the hows and 
chalmer wytli 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 Iiard syndry personnis saye the sam. Et reddit causam 
sciencle^ the deponar dwelt and remanit wyth the said Jam[es] 
Alexander betuix tlie saydis terms of Wytsundaye and 
Martymes. 

Die xiiij^^ mensis Maii anno Domini nV^xftcj. 

The quhilk daye, the minister and eldaris, being avysed wyth 
the proces of Aleson Calland aganis James Alexander, fundes 
James ane adulterar; and decemis 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. 
)• Cal- . Wyth incalling the name of Crist Jesus, Sone to the etemall 
*J* and 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 

* Should be ixprem. 



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 : l3rikas 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- 
cemyng, 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 fuUelie provyn, pro- 
nunces, decemis, and declaris, be this owr sentence difRnityve, 
the said James Alexander, for the cryme foirsaid of adulterie 
be hym committed, to be cutted [of] ^ 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 newHe 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] ^ 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^'lxj. Crostopher Gudman, minister, Mr. Alan 



* Omitted. 



72 



REGISTER OF 



Anent the 
lAsens fra the 
sait. 

Nota, 



Lawmonth, Mr. Thomas Balfowr, Jhon Moifat, Mr. Robert 
Pont, Thomas Martyn, Jhon Martjm, Jhon Wod, Mr. Mart}m 
Gredde, Wylliam Monepenny, Dauid Wolwod, and Ihone Motto, 
elderis. 

Die xxj^ Mail anno Ixj^, 

The quhilk day, the minister elderis and deaconis present 
consentis that, quhen ony of thame remanis and absentis thame 
selfis fra the sait ony Weddinsday, thai sail pay xij d. for thair 
absens ; and quha cumms efter thre houris sail pay vj 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 Febmarii 1567.^ 

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] ^ sail pay iij d. 



Heir foUowis 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 * in 



^ This and the preceding entry appear to have been written at the same time, 
and are at the bottom of a page. 

« Omitted. 

' Wynram, whose name has occurred several times in the text already, was 
bom in 1492. He appears to have entered St. Leonard's College in 1 513, and 
two years later took the degree of Bachelor of Arts. In 1532 he is mentioned 
as a canon-r^ular of the monastery of St. Andrews, and in 1539 as its Sub- Prior 
(Lee's LectureSy 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. 193-197) ; and in 1549 was a member of the Provincial Council {Conciiia 
Scotiagf ii. 83). On several occasions he was one of the visitors of St. Leonard's 
College, and in 1550 there are 'regulations about altars, copes, surplices, &c. 



ST. ANDREWS KIRK SESSION. 78 

the office of ane superintendent, quhai wes elected 
and chosyn in Superintendent of Fyff, Fotheryk, and 
Strathem, wythin the parochie kyrk of the citie of 
Sanctandrois, upone Sundaye the xiij daye of Aprill, 
in the year of God m*v4xj 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.^ 

Seing that it hath pleased the mercy of o^vr God sa to Eieccione of 
illuminat the hartis of ane gret part of the consail, nobilitie, wynram in**^ 
and estatis, of this realme, that clearlie thei can discern betuix o^^ctandroL 
lycht and darknes ; and also sa to move them that, be plane dioccsyc 
confession of thar fayth, thei have approved the puritie of 
doctrin and religion contened wythin his holy Word ; and last 
hes 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 Catichism is not entitled to implicit belief, although 
something can be said in its favour (Professor Mitchell's Historical Notice ^^x^- 
fixed to Hamilton's Catechism^ 1882, p. xvii) ; but there can be no doubt that 
he was present at other three trials for heresy l)esides Wishart's, namely, those 
of Sir John Borthwick, Adam Wallace, and Walter Millc (Cattley's Foxe, v. 607, 
637, 645). The Martyrologist relates that the absurd controversy as to whom 
the PaUr 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^ merkis ' {Register of Ministers^ Exhorters and Readers y Malt. 
Club, p. 2). 

^ 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 oflice 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 ' (Lying's JCncx^ vi. 386). 



74 REGISTER OF 

approve the Biik of Reformacioney^ ofFre[d] unto thar honouris 
be the ministeris and commissionaris of kyrkis; efter the 
approbacion quharof the Lordis of Secreit Consail have directed 
thar cherg[e] and commandiment to the ministeris^ eldaris, and 
diaconis, of Lothjrane, Fyff, Mem[is], 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 burrowis of Perth, Cowpar, Craill, Anstroy[er], 
Kyrkaldy, Dunfermling, &c., sa mony of us as convenientlie 
mycht be essembl[ed], fyrst havyng respect to the gloir of our 
God and to the preparacion of Cristis kyngdome wythin this 
realme, and nixt to our detful obedience to the superi[or] 
poweris, have assigned Sunday the xiij of Aprill nixt to cum, 
to the elecc[ion] of the said Jhon Wynram to his foirsaid ofRce 
and charge. And tharfor we most humilie requir, and, in 
the name of the etemall 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 efler nyne howris 
befoir nuyn, to assist the said eleccion, and be ther votis to 
consent to the same, or ellis to oppone aganis the lyff 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 



^ The charge to Wynram, Dowglas, Spottiswoode. Willok, Row, and Knox, to 
draw up the First Book of Discipline^ was dated the i^th 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 1 560-1 (Laing's Knox^ ii. 129, 258-260). 



ST. ANDREWS KIRK SESSION. 76 

quharwyth the kyrk sail burd[yn] hym : wyth certificacion to 
el 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 Gedde, Jhon Motto, Mr. Robert Pont, Ihon Wod, 
eldaris ; Dauid Spens, Thomas Wolwod, George Blak, diaconis 
of Sanctandrois. 

♦ Die xxv*** merms Aprilis anno domini rn/^lxj. 

The quhilk daye, it is provydit, statutit, and ordened, be the [statut anent 
Superintendent and holl ministerie, wyth consayll of the the ad^^Mioneol 
(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 detfuUie, that the Superintendent in 
his visitacion tak tryall of every ane particularlie, be hearing 
of thar doctrin [and] ^ reading, in the kyrke [quhair]^ thai ar 
placed, and inquir of thar lyff and conversacion be inquisicione 
amangis thar flok. And as concemyng 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 Strathem, sail com- 
peir wythin this cite, at sic daye and place as salbe assignit to 
tliam be the Superintendent, to be examinated, fyrst privatle 
upon the cheaf puntis and headis in controversy, and tharefler 
ane porcion of text assignet to the minister to declar in the 

^ 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 
&^ct Leon- salbe adjunit to heyr the word of God, and resaive the sacra- 

mentis and disciplyn, in the parrochie kyrk of the the (sic) citic 
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.^ 

[The provestrie Item^ the Lady College Kyrk upon the hewch is decemit 
or the Kirkhiil, suspendit, and ane prophane hows,^ and sa to be haldyn 

upon the heuch. The quliilk daye all and syndry prebendaris of the Lade 
ailUme«)mlng. College foyrsayd, and Pro vest of the sam, being lawfullie 
SriS^**^" summond be the Superintendentis letteres, to compeyr this 
I. Lameietham, daye and schaw thar obedience gevyn to tlie Quenis Grace 
Kmgiassie, letteres and cherge, anent thar gevyn of thar confession of thar 
3 Kynkeii, fayth, and subscryving of the articlis, and obtenyng. of thar 

^ 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 1 5 12 when the college was erected {Statistical Acc^utU 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 Wynloun, who was a canon of St. Andrews 
as well as Prior of St. Serfs, produced the Register before the Official of the 
Diocese, * in ecclesia parochiali Sancti Leonardi infra ciintatem Sanctiandrti * 
{Liber Cartarum Prioratus Sancti Andrec^ 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 1 747, 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 {Fcuti Ecclesiae Scoticanaey 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 scura tantum^ and the old church of St. Leonard's has long been a 
roofless and neglected ruin. 

• 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^ Foulis aii in the parish 
prebendar of Lammelethem war adjonit to the congregacion, atfhiRefoma- 
and heyrfor ar admittit and decernit to be ansuerit of thar Uon.]« 
frutis. And Mr. Thomas Meffen, prebendar of Kyngask and 
Kynglasse, Mr. James Henrison, prebendar of Kynkell, Mr. 
Wyliam Ballingally 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 * foyrsaidis prebendreis, to be distru- 
butit at the discrecion and sycht of the hoU ministerie, and 
compt randerit therof. 



The proces of Elizabeth Thecar aganis James Martyn 
hyr spows concemyng divorce. 

The ministerie of the reformed kyrk of Sanctandrois, be the Citacio Thecar 

, /I ,1 . ,• J. J i_ • »!_ J. T ^tf/i/ra Martync. 

tenor of thir presentis, commandis and chargis that James 
Martyn, pretendit husband to Elizabethe Thecar, be summond. 



^ Adam is an interlinear addition. 

' This marginal note is in the Registtty 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 
' built another house at, or near, the place where the house of the Kirk-heugh 
now stands ' {Reliquiae Divi Andreae^ 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 Scoticu, vol. i. pp. ccvi-ccxxvi. 

• Here the entry concerning the * Lady College Kyrk ' turns over the page, 
and the blank space led at the bottom has been so far utilised by a clerk that he 
has written on it : — 

* Die xxjo Afaii anno lxj\ 

*■ 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 lawful! 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 Dutche|and, and thar 
remanand wyth hyr in the town of Lubke, hes gottyn (as is 
reported be famos men) thre bamis wyth the said Janat, sen 
his departing of this realm fra the said Elizabeth his sumtym 
lawfuU 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 judicial! neid- 
fuU to be haid in the said caws, proceded^ 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 subscrip8io[n] of our scrib, is affixit at Sanct- 
androis, the xvij of Maii, 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 principal! dur of the 
said kyrk. In presens of the congregacion I did thir thingis. 



^ There is probably a mistake here in the Register ; perhaps some words arc 
omitted. 



ST. ANDREWS KIRK SESSION. 79 

and for farther verificacion heirof hes subscrivit my indorsacion, 
Ge. Blak wyth my hand. 

Die seaindo mensis Julii^ anno Domini m^xflxj. 

The quhilk daye, in presens of honourabill men, Mr. Alan 
Lawmonth and Jhon Moifat, bailies of the citie of Sanct- 
androisy in the towbuth of the same, judiciale comperis Eliza- 
beth Thecar spows of James Martyn, quhai exponis and 
3chawis 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 bamis ar procreat, and wyth 
quhom he kepis hows in the toun of Lubke ; and that heir 
ar present in [jujgiment, on cace cumin ^ twa Scottismen, 
strengearis and inhabitan[tis] 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, swome, and exam- 
inated, adjuiuram perpetuam ret memortam. Quhilk desyr be * 
thocht ressonabill to the foyrsaid bailies, and be tham grantit, 
Elizabeth producis Archibald Duncan and Alexander Gallo- 
waye; quhilkis ar resavit, swome, and judicialie examinated 
upon the foyrsaid alleged adulterie singularle, and in thar 
deposicionis ar conformes ; vid., thai affirme and grantis in thar 
deposicionis that James Martyne, 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 bamis, borne be the said Janat and acknawleged be 
the said James to [be] his bamis. 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 interrogatoris 
of law, thai purge thame. 

^ By chance coroe. ' Should be being. 



80 REGISTER OF 



Die xxtij mensis Julii anno Domini 1561. 

The quhilk daye, compiris Elizabeth Thecar and. producis 
the summondis deiilie 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 coihper- 
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 cryme 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 ; wyth 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. 
Sattencia Wyth incalling of the name of Crist Jesus, Sone of the 

beih Thecar^' etemall God, we, minister and eldaris of the Cristiane congre- 
Maf^r^^**^ gacione of the citie and parrochyn of Sanctandro]s,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 bamis sen 
thar departyng ; 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- 



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 sufRcientlie provyn ; havand 
heirfor God onlie befoir owr ees, and the testimone of his 
Word, by this owr sentence diffinityve, pronuncis, decemis 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 spows ony 
mayr ; wyth liberte to the said Elizabeth in the Lord to marye 
ony lawfuU 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 lawfuUie summond. 

Die XX} mensis Junii anno 1561. 

The quhilk daye, Jhon Kipper, sumtym in Papistrie called Caucionarii 
Schyr Ihon Kipper, wardor ^ wythin the castell of Sanctandrois >^2JJj^ 
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 wrjrt, 
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 Kjrpper, 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** 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 

^ 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 oifence and sclander committed be me heirin- 
tyll, and that I maye be adjuuit 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 wyt being seyn and considerit be the Superin- 
tendent, the said Ihon being relaxit and tharby put to libirtie 
fre of ward, and the fojrrsayd handwrjrt 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 doctr)!! for x dayes or langar, as salbe thocht expe- 
dient to the Superintendent, minister and eldaris. And ony 
tym, upon xlviij howris wamjmg 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 Greorge 
Wylson, citionaris, conjunctlie and severalie, ar becumin cau- 
cionaris for the said Ihon Kippar, under payn of pa)rment of 
ane hundreth marchas as sowm liquidat, to be disponit to the 
puyr ; and lohn 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,^ 
at the instance of the Superintendent. 

Die ix mentis Julii anno domini 1561. 

rProccs aganis The quhilk daye, comperis Patrik Ramsaye, procurator, and 
Wai^wo"^" in naym of Mr. Ihon Wynram, Superintendent, be his mandat, 

* He was a son of Henry Wardlaw of Torrie, and was parson in October 
155 1 (Scott's Fasfi, 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 Catalo^e), 



ST. ANDREWS KIRK SESSION. 83 

red and admittit, and producis ane summondis deulie executed 
and indorsat, tharin summond Mr. Alexander Wardlaw of 
Ballingry ^ to compeyr befoyr the ministerie of Sanctandrois, to 
ansuer to sic headis and articlis as salbe obeckit (sic) aganis 
hym for inobedence, contempsio[n], and blasphemows spekyn 
aganis the Superintendent of FyifF, wyth conimissio[n] 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 
decemit and deliverit to hym, to avyis wythall in the myd 
tym. 

Die xvj Jtdii 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, swome, purges thame selfis, and ar resavit, 
swome, and to examinacione admittit. The ministerie statutis 
the penult of Julii to pronunce. 



* The clerk has at first written * Mr. Alexander Ballingall,' but has altered 
the last word to * Ballingry,* and inserted before it in the margin * Wardlaw of.* 



84 REGISTER OF 



FoIIowis the articlis and headis quhanipon the wytnes 
ar examiniat. 

1 Item, in the fyrst, It is allegit that Mr. Alexander Wardlaw 
hes 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, 
afiyrmand 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,^ 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 specicdl, upon the last of Junii by past, be his 
wr3rt, he of manesyng stoppit hym to cum to solemnizat 

^ 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 all 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 158I James the Sixth wrote 
to the Laird of Bambarroch : *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 Counsel! 
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 Wcats^ 1882, 
pp. 3»8, 319)- 



ST. ANDREWS KIRK SESSION. 86 

matrimony betuix two personnis, quharby the Superintendent 
wes constranit to cum to that solemnizacion hjrmself 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. 

S Itern^ 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,* 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 Iterriy 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,* Barte Mwreson, Thomas Lodean, and Mr. 
Dauid Ramsaye ; thai called upon the sayd Mr. Alexander, as 



^ Only three months before the Reformation burst upon the country, the 
General Provincial Council of 1559 enacted that mined 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 majestic of the Word of God as unto the ease and commoditie of the people. 
And b^us 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 
begone, and within another day, to be affixed by your Honouris, that thei be 
6nished : 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: 
• 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 * (Melvill's Dicuy, Wod. Soc, p. 188). * 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,^ 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 t3rm. And 
farther ekit, and sayd befoyr the sam personnis above wryttyn. 
Or I war not revenged of that fals smaik, I had lever * renunce 
my part of the kyrk of God ! 



Followis the deposicionis of wytnessis. 

1 James Wardlaw summond, resaved, swome, admittit, and 
examinat upon the articlis, be his ayth deponis, and confessis, 
and affirmis the fjnrst 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* in the qweyr. Item^ he saw 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. 

S 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 
sdencie reddit^ the manesing and hosting wes mayd to the 



* Mean fellow. ■ Rather. 

' A Jedburgh staff was a kind of spear, of which the craftsmen of Jedburgh 
were the noted makers. 



ST. ANDREWS KIRK SESSION. 87 

deponar, bajrth in word and wryt, be Mr. Alexander, and also 
impediment was mayd to hym bayth wyth wordis and wapins, 
vidz., Jedwod staiffis, provydit in the kyrk, be Mr. Alexander 
for the nanis.^ 

4 Martyn Hearing, dwelland in Kyrknes,^ 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 
Hearyng. 

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] ' present hym self tym 
tharof. 

Die peivultimo mensis Julii anno Domini m^tflxj. 

Wyth incalling of the name of the Etemall owr God, we, Sentencia 
minister and eldaris of Cristis kyrk and congregacion wythin lawdu Baiin* 
the citie of Sanctandrois, jugis in the caws, and cognicion ^^'• 
takeyn anent the offence, injurie, and blasphemy don and said 
be Maister Alexander Wardlaw, named of layt parson of Bal- 
ingrie, aga[nis] Maister Jhon Wynram, Superintendent of Fyff, 
Fotherik and Strathern, be verteu of commi^ione and cherge 
direct be the foyrsaid Superintendent to us, as to the minis- 
terie of the principall town of his residence wythin the said 

* Nonce. 

* 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 
AndreCy 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. 

» Omitted. 



88 REGISTER OF 

diocye ; and we preceding ordorlie in the foyrsaid caws, efter 
divers dietis tharin kepit, the said Maister iUexander lawfullie 
summond to the same, and last of al to heiyr pronunced ; and 
he comperand in all dietis, his defens lawfuU to hym admittit : 
we, havand God and the testimonie of his trew word befoyr owr 
ees, maturlie and ryplie avysed wjrth articles and headis, pro- 
ponit aganis the said Mr. Alexander, twechyng the foyrsaid 
oflTence, injurie, and blasphemie, his answer mayd 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, hes, 
contrary to that profession, maist ungodlie abused hymself 
publiclie, hes 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 decemis 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 forgyfhes. 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] ^ presens of the minister 
that salbe appoynted to be thar that daye, publiclie confes the 
foyrsaidis offensis, 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 hay 11 congregacion forgyfnes 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 

^ Omitted. 



ST. ANDREWS KIRK SESSION. 89 

payn of excommunicacion ; and gyf he falyeis, excommunica- 
cion to be executed and used aganis hym wyth al severite.^ 
Pronunoed in presens of the said Mr. Alexander, in the con- 
sistorie hows of the said nnnisterie, wythin the parroche kyrk 
of Sanctandrois, upon Wedinsdaye, the penult daye of Julii, in 
the year of God 1661. 



FoUowis 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, Cardinally &c. 

Die vigesimo mensis Augtisti anno Domini m^tf^Lcf, 

The quhilk daye, comperis Schyr Ihone Borthuik, knycht,^ t^^TBortSSc^ 
and producis ane commissio[ne] and supplicacione subscrivit be 
the Lord is 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 artidiis, and sentence tharupon gevjm be umquhill 
Dauid, Cardinal!, Archbischop of Sanctandrois,* aganis the sayd 

' 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 redare ' ( Wodrow Miscellany^ p. 364). 

' 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 15381 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 
Yitixs {Register 0/ the Great Seal, vol. iil, 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 Heuim, Scot. Text Soc. 
1888, pp. ix-xi). 

' 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 Schjrr Ihon tharfor infamit and pnnissed, &c.: and 
to geve thar declarator tharupon, as thai fynd according to the 
law and Word of Grod. 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 compejrr for thar 
interes, upon the fyve daye of September nixt to cum befoyr 
thame. And the sayd Schyr Ihone exhibitis and deliveris Xo 
the ministeris foyrsaid the trewe exemplar of the foymamed 
articlis and sentence — copied and collacionat be Ihon Mosman, 
notar public, and scrib to the schyrref-deputis of Edinburgh, 
under his signe and subscripsion, suflicientlie recognoscit be 
hym, draw)m furth of the actentik extract of the same, extract 
furth of the Registre of the sayd umquhill Dauid, Cardinal, 
be Maister Andro Olephant,^ notar public, and secretar to 
the sayd umquhill Dauid, Cardinall, under his signe and sub- 
scripsion ; and be Ihon Lord Borthuik^ 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 niyd tym ; and also presentlie 

Isles, ' Gawin, Archbishop of Glasgow, and Lord Chancellor of Scotland,' pre- 
sided at Borthwick*s trial (Knox's WorkSf i. 533). And Dr. Grub avers that 
' 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 bom 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). 

* 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. 

' 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 0/ 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 artidis, be 
explicacione tharof. Of the quhilkis articlis and sentence* the 
tenons foUowis : — 

Joannes Borthuik, Capitaneus Borthuik wlirariter nuncupa- [Articles, and 

sentence tnsir" 

tus, suspect us infamatus et convictus per testes omni excepcione upon be um- 
majores, anno Domini m^^ quadragesimo, vicesimo octavo JJjJdiiStf*'' 
mensis Maii, in cenobio Sancti Andree, presentibus reverendis- 
simis ac reverendis et venerabilibus in Cristo patribus, Gavino 
Archiepiscopo Glasguensi, regni Scocie cancellario,^ Willelmo 
Abyrdonensi,^ Henrico Candide Case, et capelle regie Strewilln- 
gensis,* Joanne Brechinensi,^ et Willelmo Dunblanensi,® ecclesi- 

^ A * 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 Ac/s ami Monumeftis, 
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. Spottiswoode summarises the articles, but some of them unfairly. 

s Gavin Dunbar was promoted to the Archiepiscopal See of Glasgow in 1524, 
was Lord High 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 Serta/ors of the College of 
Justice ^ pp. 1-5 ; Laing's Knox^ i. 62-66, 145, 148). 

• William Stewart was elected Bishop of Aberdeen in 1532, and died in 1545. 
' A man,' says Spottiswoode, ' given to virtue, charitable to the poor, and ready 
to every good work' {History^ i. 210). 

• Henry Wemys was Bishop of Candida Casa, or Whithorn, from 1526 until 
his death in 1541. He also held Dundrennan Abbey in comtnendam. His 
surname was long uncertain, but is set beyond doubt in Maziere Brady's Episcopal 
Succession^ Rome, 1876, i. 158, 159. 

• 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 {Regtstrum Episcopaitis BrechinensiSy Ban. Club, 
voL i. p. xii. ; Laing's Knox^ L 37, 155). 

' William Chisholm obtained the See of Dimblane 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 Catalo^e), 



98 REGISTER OF 

arum episcopis ; Andree de Melros/ Greorgio de Dunfermling,* 
Joanne de Pasleto,* Joanne de Lundoris,* Roberto de Kynlos,^ 
et Willelmo de Culros,^ monesteriorum abbatibus; Macolmo 



^ 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 ' somet3rmes called for his fUthines 
Abbot Stottikin' (Laing's Knox^ i. 261). 

' 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 Kncx^ i. 224). James Beaton on Forman's death held the Abbacy of 
Dunfermline 'a second time in commendam^ and afterwards styled himself 
usufnutuariuSf or tulmimstrator fructuum^ 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, daring the life of the latter. After the Primate's death, in I539» 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 Dunfemulyny Ban. Club, 
pp. xvi, xvii). Nevertheless, Dempster says that he died on the 27th of January 
1561, 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). 

' 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 Ditn Andreae^ p. 244). Of these, 
William and John were legitimated on 9th October 155 1, and so was another 
son, David, on 20th April 1580 {Register 0/ the Great Seal, iv., Nos. 637, 3002). 

* 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). 

^ 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 was 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 
KinlosSy 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 
r^^ded as the founder of Edinburgh University. 

' William Colvill, a canon of the Lady College Kyrk (see p. ^(i\ was promoted 
to the Abbacy of Culross in I53i> which he resigned in 1536 in favour of John 



ST. ANDREWS KIRK SESSION, 9» 

de Quhytime,* Joanne de Pyttynwejrm,* prioribus; Magistro 
Alexandre Balfour, vicario de Kylmane, rectore universitatis 
Sancti Andree ;' Magistris nostris Joanne Majrr,* Petro Capel- 
lano,^ in sacra theologia professoribus et doctoribus ; Martino 
Balfowr, in sacris literis et decretis bachalario, Ofliciali Sancti 
Andree principali ; • Joanne Wynram, Suppriore ; ^ Joanne 

Colvill, reserving the fruits. Accordingly, in 1541, 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 156a 
(Brady's Episcopal Succession, i. 171, 172 ; Laing*s Knox, ii. 598). 

^ Foxe erroneously calls him ' Mancolme/ and Keith (in his History, L 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). 

' 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 
its possession since the twelfth century, were mostly alienated.' He had four 
natural sons legitimated (Brunton and Haig's Senators, p. 80 ; Stuart's Records 
of the Priory of the Isle of May, pp. xxxi-xxxiv). 

' In 1546 he is mentioned as ' M, Alexander Balfour rectoris de Loncardy et 
vicarU de Kilmany ' {Register of the Great Seal, iv. No. 36). He was one of the 
priests who recanted on the loth of March 1559-60 {supra, p. 15). 

^ 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 Collie in 1533, and died in 1552 (Lee's Lectures, ii. 
345, 346 ; Cotuilia Scotiae, iL 284). 

* Peter Cheplane was a bachelor of theology and a canon of St. Salvator's 
in 1 5 14, and rector of Dunino and a canon of St. Salvator's in 1517 {Register 
of the Great Seal, iii. No. 43; iv. No. 175). 

' 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 Scotia, 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). 

^ Now Superintendent of Fife, and head of that court to which Borthwick had 
come for redress. 



94 REGISTER OF 

Annand^ et Thoma Cwnyngham,* canonicis ecclesie Sanctian- 
dree; fratribus Joanne Thomson, Priore Fratrum Predicatorum 
civitatis Sanctiandree,* cum socio Joanne Tuledaf, Guardiano 
Fratrum Minorum dicte civitatis Sanctiandree,* et Joanne 
Paterson, vicario conventus ejusdem.* Necnon presentibus 
nobilibus potentibus et magnificis dominis, vidz., Greorgio de 
Huntlie,® Jacobo de Arane/ Willelmo, Marescallo,® Willelmo 
de Montros,® comitibus; Macolmo, Domino Flemyng, Camerario 

^ Annand was a canon of the Metropolitan Church of St. Andrews in 1 518, 
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 'a rottin 
Papist' (Spottiswoode's History^ i. 125 ; Laing's Knox^ i. 188). 

* Thomas Cunningham appears to have succeeded Gavin Logie as Principal 
of St. Leonard's (Laing's Knox^ i. 36). 

' John Thomson was still Prior of the Dominicans in St. Andrews in 1544-5 
{Abstract of Writs, No. 6). 

^ John TullidafT, 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). 

' John Paterson, General Minister of the Minorites of the Observance, was 
present at the Provincial Council of 1549 (Robertson's Concilia Scotice, ii. 84). 

* 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 Majestic ; 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). 

^ The vacillating James, second Earl of Arran, and first Duke of Chatel- 
herault. He signed the First Book of Disci plitte in January 1560- 1. 

* 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). 

' 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, Privy 
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. 96 

Scocie,* Joanne, Domino Lyndesaye,* Joanne, Domino Erskyn,' 
Georgio, Domino Setoun,* Hugone, Domino Somerwyll,* Jacobo 
Hammyltoun de Fynnart,® Waltero, Domino Sancti Joannis de 
Torphichin,^ militibus ; Magistris, Jacobo Fowlis de Colintoun, 
S. D. N. regis ac registri clerico,® Thoma Ballindyn ejusdem 
domini nostri regis justiciarie (sic) clerico,® et multis atque com- 

' Malcolm, third Lord Fleming, founder of the Collegiate Church of St. Mary 
at Biggar, was slain at Pinkie in 1547. 

' 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 ' Johne 
Lord Lindesay my maister special * one of his three executors. When the Con- 
fession 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- 
ment of so worthy a work, he was ready, with Simeon, to say. Nunc dimittis.* 
He died in 1563 {Lives of the Lindsays^ i. 52, 190, 272, 276; Laing's Lyndsay^s 
Poetical Works, 1879, i. 212, 306). 

' John, fourth Lord Erskine, father of the Regent Mar, and grandfather of 
the 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 1545 from serving 
' aganis our auld inymyis of Ingland ' {Acts of Pari,, iL 442 ; Register of the 
Privy Council^ i. ii). In 1548 he accompanied the Queen to France, and died 
there in 1552 (Brunton and Haig*s Senators, p. 40). 

• George, fourth Lord Seaton, * ane wise and vertewes nobleman, a man well 
experienced in all games,' died in 1545 (Brunton and Haig*s Senators, p. 52). 

• Hugh, fifth Lord Somerville, is said to 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 Senators, pp. 50, 51). 

• In less than three months after Borthwick's trial Sir James suffered a more 
tragic fate. * Upone the xvj day of August, the yeir of God j™v«xl yeris, Schir 
James Hamiltoun of Fynnart, knycht, was convictit be ane assyise, and heidit at 
the skaffald at the trone of Eidinburgh * {Diurnal of Occurrents, p. 23). 

' The wise Sir Walter Lindsay, 

* 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 
the close of 1545 ; but he died before the 20th of January 1546-7, as on that day 
letters of Intimation were granted to James Lindsay, bastard and natural son 
* quottdam Walteri Domini Sancti Johannis * (Laing'sZyiw/xtfy^ Poetical Works, 
i. 212; Lives of the Liftdsays, i. 191). 

^ Sir James Foulis was Clerk Register from 1 531 to 1548. He died before 
the 4th of February 1549. 

' In 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 sequentes 
tenuisse errores, publice dogmatizasse, et instruxisse, vidz. 

Primo et in specie, sanctissimum dominum nostrum Papam 
Jesu Cristi servatoris nostri vicarium, non habere nee posse 
exercere aliquatenus majorem authoritatem in Cristianos quam 
quicunque alius episcopus vel sacerdos. 

Indulgencias concessas a supremo domino nostro Papa nul- 
lius esse roboris, eflicacie, vel, momenti, sed duntaxat eas ad 
populi abusionem et animarum earundem deceptionem fuisse 
et esse factas. 

Papam esse symoniacum, publicum quotidie vendentem dona 
spiritualia ; et presb}rteros omnes per matrimonium conjungi et 
copulari debere. 

Omnes hereses Anglicanas wlgo nuncupatas seu saltem ear- 
undem majorem et saniorem partem de presenti per Anglos 
observatos (jnc\ 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.^ 

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]. 

Confonniter ad veteres errores Joannis Wycleif et Joannis 

Hws hereticorum in consilio Constanciensi condemnatorum 

affirmavit, predicavit ecclesiasticos non debere possidere nee 

habere possessiones aliquas temporales, imo nee eciam habere 

jurisdiccionem aut authoritatem aliquam in temporalibus. 



' 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 Govemour, and that gave him fayth- 
fbll counsall in all dowtfuU materis.* He died in 1546 (Brunton and Haig's 
Senates, p. 57 ; Laing's Knox, i. 105, 106). 

* 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 Anglia. 

Mendose et contra honorem, statum, et reverenciam sacre 
regie majestatis Scotorum dixit, tenuit, et asseruit regem Scot- 
orum nostrum serenissimum Cristiane fidei propugnaculum velle 
sibi appropriare contra jura et libertatem ecclesie, possessiones 
terras et redditus a progenitoribus et eciam a Cristomet serenis- 
simo regi ecclesie datas et concessas et in suos privatos usus 
converti, et ad hoc, ut se multiplicitrr (sic) ascripsit, eundem 
serenissimum dominum nostrum regem toto conamine suasit. 

Voluit ac peciit et frequenter ac ferventer ex animo desider- 
avit ecclesiam Scoticanam pervenire, et deduci ad idem punc- 
tum eorundem et similem finem et ruinam ad quam ecclesia 
Anglicana jam actu pervenit.* 

Publice tenuit, dixit, asseruit et affirmavit ac predicavit et 
dogmatizavit leges ecclesie vidz. sacros canones et sanctorum 
patrum decreta ab ecclesia sancta catholica et apostolica ap- 
probata nuUius esse vigoris aut valoris inferendo, propterea, 
aflirmando eadem fuisse et esse contra legem Dei condita et 
emanata. 

Pluribus ac multimodis vicibus dixit tenuit et affirmavit et 
publice asseruit nuUam religionem fore observandam, sed illam 
simpliciter abolendam et distruendam fore et esse, sicut nunc 
in Anglia destructa existit [blank] omnem sanctam religionem 
vilependendo et affirmando fore, propter abusionem eorum 
habitus per eos delati asseruit eos esse deformes ad modum 
monstrorum nichil utilitatis aut sanctitatis pre se ferentes, 
inducendo, propter hoc, et suadendo quantum in eo erat omnes 
sue opinioni adherentes, ut omnis religio in regno Scocie sim- 
pliciter et penitus tollatur, ac distruatur in maximum catholice 
ecclesie scandalum et Cristiane religionis diminucionem et 
detrimentum. 

Plane constat per legitimas probaciones eundem Joannem 
Borthuik habuisse et actualiter habere diversos libros suspectos 
de heresi, damnatosque tam papali quam regia et ordinaria 
eciam authoritatibus lege prohibitos, vidz. specialiter et in 



^ Spottiswoode renders this article : * That the Church of Scotland ought to 
be governed after the manner of the English ! ' 

G 



98 REGISTER OF 

specie, Nouum Testamentum in wlgari Anglice^ impressum, 
Ecolampadium^ MelaTwtonem^ et diversos Ertzsmi et diversorum 
aliorum hereticorum condemnatorum, necnon, et librum Vnio 
DisMdencium nuncupatum, manifestissimos et maximos errores 
seu hereticos asserciones in se continentes illosque tarn publice 

^ 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 I 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 sa3rs 
that in those days reading the New Testament * was numbered among the most 
heinous crimes' (Aikman*s Buchafian^ 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 
red)mg of Scripture in Inglishe ; saying that, if they were taken, they sholde be 
put to execution' {State Papers^ Henry VTIL^ vol. v. p. 154). The penalty 
attached to the possession of the New Testament comes out very clearly in one 
of The Gude and Godlie Ballates (ed. 1868, p. 166)— 

* Quha dois present the New Testament 
Quhilk is our faith surelie ; 
Preistis callis him lyke ane heretykc, 
And sayis, brunt sail he be.' 

And in the Epistle to James the Sixth, prefixed to the Bassandytu 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 Testamen tares.' 
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 
Illustriss, Tit, S, Stepham in Monte Coelio Cardinalem D, Dauidem Betoun 
gratulatorius panegytictts, Paris, 1 540, fol. xxxviii). On the 15th of March 
1542-3, while the Cardinal was in prison. Parliament declared it lawful for the 
lieges to possJess 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 

quam privatim legisse, studuisse aliisque presentasse et com- 
municasse atque plures Cristianos in eisdem instruxisse, docu- 
isse et dogmatizasse ad effectum divertendi eos a vera fide 
Cristiana et catholica.^ 

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, nee a suis erroribus per eorum 
consilium declinare velle, aut illis sic suadentibus aliquatenus 
acquiescere, sed pocuis in suis erroribus immobiliter persistere 
vellet,* 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- 
^anctis 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- 
<;ium consilio tam 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,* et legitime 
A'ocatum, citatum et non comparentem, sed profugum et fug[i]- 
tivum* absentem tanquam presentem sentenciamus, pronunci- 

^ This is the article which Keith has ^mitted. 

2 Foxe makes the preceding part of this paragraph the twelfth article, and the 
rest • the sentence of condemnation.' 

' Lesley says that his heresy was * provin be sufficient witnes agayns him * 
{History of Scotland^ Ban. Club, p. 1 59). But Borthwick himself states that, 
although they had gathered a great number of witnesses, no proof was allied 
-except their names (Cattley's Foxe^ v. 607). 

^ 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 y i. 1 39). 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 OF 

amus, decemimu[s], definimus, et declaramus vere hereticum et 
heresiarcham fuisse, et esse ac penis heretici convicti et heresi- 
archi debitis (jfic\ plectendum, puniendum, et castigandum 
fore, et propterea curie et potestati seculari trad[en]dum et 
relinquendum, prout tradimus et relinquimus, omniaque et 
singula ejus bona mobilia et immobilia qualitercunque et 
quocunque titulo acquisita, et in quibuscunque partibus exist- 
ant ac officia quecunque per eum hactenus habita, salvis 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 appUcamus ac confiscari et applicari decernimus, et declar- 
amus per presentes : necnon, dicti Joannis effigiem manu 
factam et ad ipsius instar depictam et fomiatam 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- 
nam fuisse, et esse conburendam similiter decemimius, 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.* Lecta, lata et in scriptis redacta 

* The remainder is omitted by Foxe. 



••V 






ST. ANDREWS KIRK SESSION. --"JOI 






fuit, hec nostra sentencia in ecclesia nostra metropolitana\M'- 
provinciali Sancti Andree nobis inibi in navi ejusdem supey 
ficalam et pro tribunali sedentibus sub anno incamacionis .- *' 
Dominice millesimo quingentesimo quadragesimo, die vero *••*';'•, 
mensis Maii vigesimo octavo. *'•■'.'••*• 

'..•V 

Die quinto metm^ SeptembrU^ anno Domini m^'iflxj, '*.••.*.*' 

The quhilk daye, Mester Wyliani Scot comperis as procu- The declarator.-* 
rator and in name of Schyr Ihon Borthuik, knycht, be his done of the 
mandat red and admittit, and producis ane edict of the Super- ISi^^ihcm 
intendent and ministerie present, under thar sail, deule executit Borthuik. 
and indorsat, tharin sunimond be oppyn proclamacion at the 
marcat 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 Scliyr Ihon, and sen- 
tence condempnator of infame 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 dajrt, at 
Edinburgh, the xij daye of August, in the year of God m**v^lxj 
yearis, purchest and presented befoyr us be Schyr Ihone 
Borthuik, of Ceverie, knycht — being requested and desyrit to 
considder certane articles alleged haldyn be the said Schyr 



• • 






• »• 






••. 



lOJj' •. REGISTER OF 



• _ • 



•'dljbne Borthuik, and quharupone ane pretendit sentence we» 
*gevyn be umquhill Dauid, Cardinal!, Archibischop of Sanctand- 
' 'j. rois, decemand 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 persew his 
just accionis befoir quhatsumever j ugis, 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 foymamed artiklis and sentence, 
copeit and coUacionat 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 
sanunyn, 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 Iiis 
signe and subscripsion ; and be Jhon Lord Borthuik purchest 
be compulsatoris, executed upon the said Mr. Andro^ ; 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 wamyng precedeing the said day ; 
and we in the mayn tym havand trial, consideracion and 



^ Oliphant had already been subjected to a much more disagreeable experience. 
Writing on the 4th of February 1559-60, Randolphe says: — *Tlie Duks men took 
. . . a faithful! chapelein and a paynefull, of the Bishop's of St Andrewe, 
called Sir Andrewe Olifant, that accompayned the Tranches 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 frcends 
may be the better knowen, and he hymself putt into the prison at Glascoughe ' 
(Sadler's Sta/e 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 scune, Mr. Jhon Rwyerfurd, 
Principall, Master Wyliam Ramsay and Mr. Dauid Gwyld. 
mesteris in Sanct Saluatoris College, Mr. Ihon Duncanson, 
Principall,^ 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- 
cemyng certan generaliteis contenit into sum of the saidis artiklis, 
be us hard, considerit and wyth the saidis artiklis conferred and 
fuUelie aggreand: we fynd the saidis artiklis racionabill, not 
hereticall, 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 hereticall, and the said 
Schyr Jhon Borthuik not to hav falyet tharintyll, nor to have 
deservit infamite, punischement, nor skayth tharfor ; bot he, 
as ane man of gud fame, may persew his just accionis befoir 
ony juge competent, notwythstanding the said pretendit sen- 
tence ; quhilk in the self wie declar to be null and wranguslie 



* Probably the ssmie *Jo. Dunkanson* who, in 1515, 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 S/. Andreivs 
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 ; 
lVo<ir(nu Miscellany, pp. 455, 456). 



104 REGISTER OF 

gevyn, and the gevaris tharof to hav schawynn tham selfis 
tharby mer ignorant of Grodis Word and lawis, and plane 
inemeis to his trewth. Pronunced in the consistoriall hows, 
wythin the parroche kyrk of the citie of Sanctandrois, upon the 
V daye of September, in the year of God m**v«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.^ 

Die viij memis Octobri^^ anno Domini 1561. 

Prooes aganis The quhilk daye, comperis Johane Malwyll,^ minister of 
t^'ofCammo, Cristis kyrk in Crayll, and, in presens of the Superintendent and 
and EUx^beth ministerie, producis ane summondis deulie execut and indorsat, 

Amot in Crayll, . it».^i t^i ^i i i i 

and Caiuariis thann summond Begis Calwart, Robert Calwart, hyr brother, 
in KiDgis s. j^ Kyngisbemis, Wiliam Mortoun, of Cambo, Elizabath [Bow*fie 
— deleted] Amot, 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 gyf 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 thar nocht comperance, admittis the punctis of the 
fo3rrsaid summondis to the probacione of the said Ihonie 

^ 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 * pretendit sentence aganis him ' (Register of the Privy Seal, cited 
in M*Crie's Knox, 1861, p. 394). ' This worthie knight ended his age with full* 
nesse of dayes in Sanct Andrewcs* (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 

Malwyll; quhai for probaciohe tharof producis Mr. Wiliam 
Meldrum, Niniane Hanimyltoun, Mr. Alexander Mortoun, 
Jhone Brown, Robert Grwb, Wiliam Crostrophyn, Dauid 
Grundestowin, Dauid Wyle, Wiliam Trayll, Wiliam Kaye, and 
Alexander Bell, quhilkis ar resavit, swome, 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],^ 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 Kingisbemis,* oppinlie injurit, difiamit, and sclanderit 
Janat Bowman, spows of William Crostrophyn, in Kingisbemis, 
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 thar 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 Kyngisbamis, 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 

^ Omitted. 

' On the 9th of February 1 631 the Commissioners of Teinds ratified an Act of 
the Kirk Session of Crail erecting Kingsbams into a separate parish, and Parlia- 
ment confirmed it in 1633 {Acfs of Parlianunty v. 85). 



106 REGISTER OF 

he maid his protestacion, that na man suld be offended therby, 
nevertheles, Wyliam Mortoun, of Cambo,^ 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- is and salbe vicar of Crayll qiihen thow sal 



' In January 1555-6 William Mortoiin, or Myretoun, resigned the lands and 
barony of Cammo to his son Thomas, but 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 Parlianunt^ 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 Neitk 
of Fife, 1887, pp. 460, 461). 

' In 151 7 the parish church of Crail '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 
Randelsloun, patron of the said prebend {Register of the Great Seal, iv. No. 
^39)* '^^^ Myrtouns of Randelsloun, 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 Mjrrtoun 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, 1869, 
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 Mortoun, a Jesuit, was arrested at Leilh 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 folic 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 ' (Coh-ille's 
Letters, Ban. Club, pp. 150, 151). 



ST. ANDREWS KIRK SESSION. 107 

thyg^ thy mayt, fals sniayk ; 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 Crayll preachyng Goddis 
Word, and, as his tex for the tym ministrat occasion, applyand 
his doctrin to the fals brotheren of Papistis, wythowtyn ony 
just occasion of offence mayd be hym to ony person, Elizabeth 
Amot, spows of Wiliam Bous[ie],* 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 
foyrsaidis 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 decemit, be jugimient of the 
kyrk, to have falyeit gretumly,* 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 etemall 
God, that ye laufullie summond, warn and cherge the saidis 
Regis Calwart, Rober[t] Calwart, Wyliam Mortoun, Elizabeth 
Arnot, and Wiliam Bowsy hyr spows for his interes, to compeyr 
l)efoyr 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 



' Beg. 

^ William Buse, or Bowsie, was one of the bailies of Crail in 155 1 {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 iilh 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 decemit to underly 
disciplyn and correccion, according to the law of God and 
ordor of the kyrk establesched ; and to mak sythment* to the 
parteis offended : makand to than) be thir presentis intimacion 
that, quhidder thai compeir or nocht, we wyll proceed in tlie 
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. 



Followis the deposicionis of the wytnes in thir foyr- 
saydis causis. 

[Deposicionis Maister Wyliam Meldrum, sone to the Lard of Newhall, 

of wytnes.] summond, called, swome,and examinated upon the poyntis of the 

summondis befoyr wrjrttyn. And fyrst, concemyng the partis 

1 of Begis Calwart and Robert Calwart hyr brother, he confessis 
the sam as thai ar libellat. Secindlie, concemyng the part of 
Wiliam Mortoun of Cambo, the deponar confessis the sam as 
it is libellat. And also confessis the part libellat aganis 
Elizabeth Amot. Examinat upon his caws of knawlege, he 
ansueris that he wes present in the esserable of Crayll, tym and 
place libellat, hard and saw as he hes 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 



Satisfaction. 



ST. ANDREWS KIRK SESSION. 109 

fyrat concemyng Caluartis he denyis. As to the secund, con- 
cemyng Wiliam Mortoun of Cambo, he ansueris and deponis 
that [he]^ wes present in the essemble in Crayll, tym libellat, 
hard Wiliam Mortoun saye to Ihon Malwyll minister, he being 
in the pulpot, that he suld 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 jnterrogatouris of law, he 
purgis hym ; and wald justice triumph it. 

4 Maister Alexander Mortoun, eldest sone of Randerstoun,^ 
summond, called, sworne, and examinated upon the thre headis 
and poyntes of the sayd libellat summondis, deponis, and is 
conform to the fyrst twa W3rtnes in al thingis concemyng the 
accionis of Calwartis and Wyliam Mortoun of Cambo. Item^ 
as concemyng 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,^ prebendar 
in Crayll, sworn and examinat &c., be his ayth deponis, and is 
conform to Mr. Wyliam Meldrum fyrst wytnes in all thingis. 

6 Wyliam Crostrophyn, of layt otherwayis called Schyr 
Wyliam, prebender in Crayll,* sworn and examinat &c., is 
conform to Mr. Wyliam Meldrum fyrst wytnes in al thingis. 

7 Dauid Grundestown, wjrtnes, sworn and examinated &c., 
deponis and is conform to Mr. Alexander Mortoun concemyng 
twa headis. The thrid he denyis : he wes nocht present that 
daye. 

8 Wyliam Trayll, wytnes, sworn and examinated &c., deponis 



* Omitted. * See note 2, p. io6. 

' 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 Bve 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 C/niversall 
Kirk, Ban. Club, i. 396 ; Scott's Fasti, ii. 416). 

* 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. 140, 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 exaniinated &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 xif Octohris^ anno Domini vi^'i^hj. 

Sentencia The quhilk daye, comperis Johan Malwyll, minister of Crayll, 

ua«tes, Wyliam *^^ producis ane summoindis of the Superintendentis deulie 
Mortoun de executed and indorsat, tharin laufuUie summond to this daye, 

Ounbo, and , _ _ , •' 

Elizabeth Begis Calwart, Robert Caluart, hyr brother, Wyliam Mortoun, 
°°** of Cambo, Elizabeth Arnot, spows of Wyliam Bowsie, to heyr 

the sentence pronunced aganis tliam respective, for the causes 
and thar 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 laufuUie and sufficientlie provyn: 
and heirfor, wyth avys and consayll of the ministerie of Sanct- 
androis, pronuncis and decemis and declaris the saidis Begis 
Calwart, Robert Caluart, and Wyliam Mortoun, of Cambo, 
and Elizabeth Arnot, and every ane of tliam according to the 
gravite of thar dilacionis, to have grevoslie offendit aganis the 
law of the eternall God, the establesched ordor of tlie K3rrk, 
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. Ill 

Calwart to conipeir in the public esscmble 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- 
terie of Crayll ; and also confes hyr offence in dissobeying the 
sayd chearge, and humyll hyrself upon hyr kneis, ask God 
mercy and the congregacione forgyfhes : and the said Robert 
Calwart^ to compeyr, day and place foyrsayd, and confes his 
offfence, humyll hymself in the presens of God one his kneis, 
ask God mercy and the congregacione forgyfnes : and the sayd 
Wyliam Mortoun, of Cambo, to compeir day and place foyr- 
sayd, and confes his foyrsayd offtnce 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 hoU congrega- 
cion forgyfhes : and the said Elizabeth Arnot to compeyr daye 
and place foyrsayd, and confes hyr offfence foyrsayd in the 
presens of God and his congregacion, humyll hyrself one hyr 
kneis, ask God mecy (sic) 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 execucion upon the disobeyaris, gyf ony sail attempt 
to disobey. Pronunced in presens of the sayd Ihon Malwyll, 
and in payn of nocht comperans of the saydis Begis, Robert, 
Wyliam, and Elizabeth, heyrto laufuUe summond. 



' Calwart, or Calvart, afterwards got into more serious trouble. H« was one 
of the tenants of * Maister Thomas Ramsay, heretabill fewar of ane auchtane 
part of the landis of Kingisbarnis ; ' but although Ramsay obtained a decreet 
before the Lords of Session decerning his tenants to remove, Calvart refused to 
leave, even after he was * denunceit rebell and put to the home.* Accordingly, 

* the said Maister Thomas menit him to the Lord is of Sessioun thairupoun ; and 
be thair deliverance obtenit utheris lettres, chargeing David Betoun of Creich 
Stewart of Fyff and his deputtis, to serche seik tak and apprehend the said 
Robert Calvart.* The Stewart duly apprehended the rebel, but while reposing 
within a dwelling-house at Crail, the inhabitants, warned by * the sound of ane 
drum * and the ringing of the common bell, gathered to the number of four 
hundred, * instructit with all maner of wappynis apt for weir,* and headed by three 
of the bailies, including William Bowsie, and other ringleaders, among whom 

* Williame Bowsie youngar* is mentioned ; they broke open the house, and, despite 
the Stewart's commission, * straik and dang * him and rescued the prisoner — 

* usurpand the rather the office of princes nor liegis.* On the 7th of October 
1567 the Privy Council deprived the three bailies of their office for their offence 
{.Register of the Privy Council^ i. 577-579). 



112 REGISTER OF 



The proces betuix Jhon Forret, of that Ilk,^ and 
Elizabeth Leslie, Lady of Nydy.* 

Die secundo mensis Julii, anno Domini 1561. 

[Prooes betuix Tlie quhilk daye, comperis befoyr the ministerie Johane 
that likTand^ Forret of that Ilk and producis ane summondis of the Superin^ 
^55^*^ ^j tendentis deulie executed and indorsat upon Elizabeth Leslie, 
Nydy.] Lady of Nydy, chergyng and admonesing hyr to adheir to the 

said Johane as to hyr lawfull husband, wythin xlviij howris 
efter the said monicion ; or ellis to comppeir this daye befoyr 
the said ministerie, and schaw ane ressonabill caws quhy sche 
suld not do the same. And sche called comperis, and be con- 
sent of parteis Wedinsday is statut to Elizabeth, to produce 
hyr causis in dew forme quhilk sche wyl use. Parteis heirto 
summond apud acta. 



Die ix mensis Julii anno quo supra. 

The quhilk daye, as in term assignit to Elizabeth Lesle, 
Lady of Nydy, to to (sic) produce hyr causis, qualefeit in wrjrt, 
quhy sche suld nocht adheyr to Johan Forret, hyr spows, com- 
peris Elizabeth and producis certan artiklis in wryt, seyn and 
considerit be the said lohan Forret, and be hym denyit and 
grantit as is notit. And at desyr of Elizabeth, Wedinsdaye 



* According to Sibbald, the estate of Forret, in the Parish of Logic, belonged 
to the Forrets from the time of William the Lion at least {History of Fife and 
Kinross^ 1803, p. 415). On the 19th of October 1555 the Queen confirmed a 
charter, granted on the 5th of the preceding August by David Forret * dt 
eodem feodatarii . . . cum consensit patris iui Johannis Forret de eodem usu- 
fructuariit* in favour of Alan Cowtis and Marjorie Walwod his wife, of half 
the lands and mill of Bowhill in Lochoreshire {Jiegister of Great Seal, vol, iv. 
No. 1005.) * Jhon Forret off that Ilk* was in the Parliament of 1560 {Acts of 
Parliament, ii. 526). 

' Nydie is near the western extremity of the parish of St. Andrews, About 
the end of the thirteenth century Hugo of Nidyn granted to the Abbey of Bal- 
merino the use of his quarry and a free road thereto through his land (Camp- 
bell's Balmerino and its Abbey, pp. 90, 91). Pope Adrian the Fourth confirmed 
the mill of Nidin to the Priory of St. Andrews in 11 56 {Liber Cartarum fhiar- 
a/us Sancti Andree, p. 52). 



ST. ANDREWS KIRK SESSION. 118 

the penult of Julii instant statut to hyr, to prev hyr artiklis ; 
and suplicacionis grantit to hyr, to the Superintendent of 
Angus ^ direct, for al probacionis necessar. 



Followis the tenor of defencis. 

In the fyrst, the said Elizabeth allegis, that gevand that ony npefends of 
mariaige, deJhctOy had beyn solemnizat betuix hyr and the said l^ i 
Johan, that the sammyn is and wes onlawfuU and aganis the 
law of God ; becaws the said Johan lang befoir, wythowt ony 
knawlege of the said Elizabeth Leslie, had promesed and con- 
sented to marye Elizabeth Autherlonye, Lady of Athinlek,^ 
and, efter the same promys maid, had camall dayll wyth the 
said Elizabeth Autherlo[ny], and intreated hyr as his lawful wyff 
ill bed and burd, be the space of thre yearis or tharby; 
and tharefter the said Elizabeth Leslie, nocht knawing ony 
promys maid, de facto et non de jure mareid the said Johan 
Forret. And now, knawyng that of the lawe of God he is 
nocht nor may nocht be hyr lawfuU howsband, becaws of his 
consent and promys maid to Elizabeth Autherlony of befoir, 
sche alleagis sche awcht nocht to be compelled, contrary to hyr 
conscience and the law of God, to adheir to hym as hyr lawful 
howsband. And for the probacione of the sammyn promes 
and consent, the said Elizabeth Leslie producis ane dispensa- 



* John Erskine of Dun. 

' The old tower of Auchenleck, in Monikie Parish, ' is a square building of 
four stories, exclusive of the flag tower and cape-house, and has much the resem- 
blance of a Border Peel. The hall and other chambers have circular roofs of 
stone, and the old ** iron yett " or grated door ... is in excellent preservation. 
The building is of ashler, and seems to belong to the end of the fifteenth, or 
beginning of the sixteenth century. The chief apartment is on the third story. 
Entering from it are two bed-closets, and a little oratory, all in the thickness of 
the wall. In the oratory, which measures seven feet six inches, by six feet two 
inches, a benatura, a piscina, and an ambry, still remain, along with some 
architectural ornaments, among which is a shield with three lozenges ' (Jervise's 
Memorials of Angus and Meams^ i86i, p. 331). Having examined the tower 
since the foregoing was in type, I must add that Jervise's description is incorrect, 
for only one of the stories is vaulted, the oratory is not in the thickness of the 
wall, but over the staircase, and the * iron yett ' has disappeared. 

3 Ofo/'m MS. 

H 



114 lUSGISTER OF 

clone, under the not and subscripsion of Thomas Spalding, 
primo Mali anno mf^rfxly^, purchased be the said Johan and 
Elizabeth Autherlony, makyng mencion that thai, or at the 
lest in thar name thar proouratouris lawfullie constitut, desirit 
ane dispensacione to solemnizat mariaige, becaus they ^ desyrit 
to' solemnizat the same, and mycht nocht do the sammyn 
wythowt ane dispensaeion ^ becaws thai war of kyn, and also 
^ese inxncem aetujTorrucario canuditer cognoverunt. And bayth 
the said Johane and Elizabeth Autherlony, efter mutuall 
promys of mariaige and camall dayll had betuix tham, con- 
stitut thair procuratouris to purchas and obteyn the said 
despensacion, as at mair lenth is contenit in the same, and also 
in the instrument of constitucione of procuratori under the 
not of Johan Guthre notar public, [quhilk] * gyf neid beis salbe 
maid manifest. 

Secundlye, promys and consent, of the law of God, specialie 
confirmit and consummat be carnal dayll following, makis 
mariaige ; and so it is that Johan Forret of that Ilk promised 
and consented to marye Elizabeth Autherlony, lang befoyr the 
said Elizabeth Lesle wes maried wyth hym, and confirmit the 
same, using hyr in all sortis as hys wyfT neirhand the space of 
fouyr yearis ; and therfor the said Elizabeth Leslie aucht nocht 
to be compelled to adheir unto hym, bot to be simpliciter 
divorciat fra hym, lyikas sche emestlie requiris. And for 
probacion of the premissis, Elizabeth Leslie producis the dis- 
pensaeion foirsaid ; and, gyf neid beis, requiris ane daye wythin 
the quhilk sche ma obteyn the Quenis Graces letteres, or other 
wayes to compell Johan Guthre, notar, mencionat in the dis- 
pensaeion, to gev furth the instrument of constitucion of pro- 
curatori, to dcclar the sammyn. And sche desyris the Lady 
Athinlek to depon heiron, conform to the sammyn. 

And in takyn and farther verificacion of the said promys, 
the said Johan obtenit the said despensacion, and translated the 
said Elizabeth Autherlony and hyr guddis to hys place of 
Forret ; and usit hyr and thame as his awyn and proper, and 
so war estemed in the cuntre ; and promised to put hyr in con- 
junct fe of the cottoun of Forret; and tharfor wes never put 



* TAf in MS. ^ To to in Ms. ^ Dispensasacion in MS. * Omitted. 



ST. ANDREWS KIRK SESSION. 116 

in the Denis bukis for fomicacion or insest, as was the use of 
the cuntre than, bot levyt in mutuall cohabitacion, fruicion 
and usage of otheris gayr and bodeis, sche as his maried wyfF, 
and he as hyr undowted howsband. And sua the Lady of 
Nydy aucht nocht to be compelled to adhcir to hym, bot rather 
to be devorsit fra hym ; and heirupon desyris the saidis Johan 
Forret and Elizabeth Autherlonye to be examinat, upon thar 
conscience and athis, &c. Item^ albeid thar war may excepcionis 
and artiklis produced in wryt be Elizabeth Lesle nor thjrr 
befoyr wryttyn, thai ar left furth of this Registre as superflew, 
becaus thai war nocht provyn ; and also al dietis and proba- 
cionis produced,^ f[<>]r the sam cans, ar heir omittit, quhilkis 
war used concemyng the probacion of the otheris artiklis 
omittit. So that efter the Lady Athynlek had beyn summond 
lawfuUie to hav comperit as wytnes, and excused be seiknes 
and aige ; and at the ayth of Ihon Forret wes decemit to be 
tBLVja upon the artiklis befoyr wryttyn, at desyr of Elizabeth 
Lesle, the ayth of Jhon Forret wes decernit to be takyn ; and 
ane commission direct to examyn the Lady Ath)mlek in presens 
of Ihon Forret, and he summond to compeyr and se h3rr sworn 
and admittit. And now foUowis the tenor and forme of the 
dispensacion produced, the commission of the commissaris, the 
deposicionis of the Lady Athynlek and of Jhon Forret. And 
fyrst the dispensacione : — - 



^ Produced arm MS. 

' Cosmo Innes, in speaking of the extension of the Levitical prohibitions 
of inter-marriage, says : — * It might be curious to trace the gradual extension 
of the canonical prohibitions till they reached persons in the seventh degree 
of consanguinity, as we find was the case in the time of Pope Gregory 
the Great, in the beginning of the seventh century, and as it continued till the 
enormity of the evil obliged the Lateran Council in 1215 to relax the prohibi- 
tions to the fourth degrees of consanguinity and affinity, resting the rule not on 
any divine precept, but on the most arbitrary and even whimsical grounds of 
convenience. To this must be added cognatio spiritualise the relationship 
through baptism, which affected not only the relatives within the same degrees, 
of the baptizans and baptizatitSy but all the connexions within those d^[rees 
created by the relation of god-fathers and god-mothers, and the children 
for whom they stood sponsors, to the same extent as if actually parents and 
child. Whatever may have been the motives that induced the Church thus 
to extend the prohibitions of the Levitical code, one necessary result was the 
great demand for dispensations from the Head of the Church and those wielding 
his authority. . . . The Archbishop of St Andrews, writing in 1554, stated, that 



116 REGISTER OF 

[Deneuado Universis et singulis sancte matris ^ ecclesie filiis ad quorum 
Fmtt et ^za- noticias presentes litere pervenerint, Johanes Thomtoun ^ ecde- 
jMbaAiuher- gj^ cathederalis Morauiensis precentor, sanctissimique domini 

nostri pape et ejus sacre penitentiarie apostolice in hac parte 
commissarius specialiter deputatus, salutem in Domino sempiter- 
nam, ex parte honorabilis viri Joannis Forret de eodem, laid, et 
Elizabeth Autherlony domine de Adflek, mulieris Sancti Andree 
diocesis, nuper nobis oblate peticionis series continebat quod 
ipsi ex certis racionabilibus causis desiderant invicem matri- 
monialiter copulari, sed quia in tercio et quarto afiinitatis gradu 



such was the connexion between families in Scotland, that it was scarce possible 
to match two persons of good birth who should not come within the forbidden 
d^irees ; and on that account {ut sunt hominum ingenia semper in vitium pro^ 
clivia) many married without dispensation, promising to obtain it subsequent 
to marriage ; but afterwards instead of doing so sought for divorce, or put away 
their wives on the pretext of the want of dispensation and of the expense of pro- 
curing one. . . . For the remedy of these mighty evils, that were sapping the 
foundations of society, the statesmen of Scotland and Archbishop Hamilton were 
content to propose, that the Archbishop who was Legatus natus should have the 
power of dispensing for the marriage of persons in the third degree of consan- 
guinity and affinity, and of such as were connected through cogncUio spiritucUis ' 
{Liber Officialis Sancti Andree^ pp. xx-xxii, xxv-xxvii). Dr. Stuart refers to an 
instrument of dispensation dated at Edinburgh the 6th of June 1536, granted by 
John Chesholme, Chancellor of the Cathedral Church of Dunblane, in which 
'there is engrossed a commission by Anthonius, cardinal -priest and penitentiary 
of his Holiness the Pope, dated at Rome 24th June 1534, empowering the 
said John Chesholme to grant dispensations to the extent of twenty couples.' 
This licence in Chesholme*s favour was qualified by various stipulations, and was 
only to continue in force for five years. The restriction of time was quite 
unnecessary, for this dispensation, although granted within two years of the date 
of his commission, was the nineteenth of the twenty which it empowered him to 
issue (Lost Chapter in the History of Mary Queen of Scots, pp. 68, 69). It will 
be observed that the document in the text embodies a commission by Cardinal 
Antonius authorising John Thomtoun to grant disi>ensations to forty-five couples ; 
and that the one in favour of John Forret and Elizabeth Autherlony was the 
thirty-ninth, although granted within eleven months after the commission was 
sealed at Rome ! Power to the same effect, but limited to twenty-one couples, 
had been given to Gilbert Strachquhan in 1527, and he disposed of sixteen 
within nineteen months {Illustrations of the Topography and Antufuiiies of Aber- 
deen and Banff, Spalding Club, iii. 331-333). 

1 In MS. firs, probably for mts, A few manifest blunders in this document 
have been corrected. 

^ Mr. John Thomtoun, who had two natural sons, Gilbert and Henry, was 
rector of Ancmm, and built a mansion in Glasgow adjacent to the Bishop's 
palace. In July 1560 he is described as precentor of Moray and usufmctuary of 
the vicarage of the Parish Church of Aberkirdor. He died in 1564. His nephew^ 



ST. ANDREWS KIRK SESSION. 117 

simplici ex communi stipite sibi invicem simul attinentes,^ ex eo 
perveniente, quod dictus Joannes quandam Elizabeth Kynneir 
sui ipsius sponsam, in quarto et tercio consanguinitatis gradu 
dicte Elizabeth Autherlonye conjunctam, carnaliter cogno- 
verat, et hujusmodi impedimentum ignorantes sese invicem 
actu fomicario carnaliter cognoverunt, desiderium similiter 
in hac parte perimplere non possunt absque legitima dis- 
pensacione apostolica desuper habita et obtenta, quare nos 
per discretos viros, dominum Joannem Forret, procuratorem, 
et eo nomine dicti Joannis, et Alexandrum Ryddo^ procur- 
atorem similiter et eo nomine dicte Elizabeth, de quorum pro- 
curatorum mandato per unum instrumentum publicum, signo 
et subscriptione discreti viri Joannis Guthre, laici, Brechin- 
ensis diocesis sacra authoritate apostolica notarii pub[lici] 
subscriptum et signatum, et coram nobis originaliter lucede 
constabat, debita cum instancia fuimus requisiti quatenus ad 
executionem nostre commissionis instru[cte] scripte et inserte 
ac contentorum in eadem procedere, et cum eisdem Joanne et 
Elizabeth super impedimento tercii et quarti gradus afiini- 
tatis predicte juxta et secundum teno[rem] et formam com- 
missionis et facultatis nostre predicte super talibus impedi- 
mentis desuper concessis misericorditer despensare dignaremur : 
Nos igitur illorum consulere saluti animarum cupientes et 
eorum piis desideriis in premissis benigne annuentes, receptis 
primitus de mandato nostro nonnuUis testibus fidedignis, ad 
sanctaevangelia juratis, et per notarium publicum suprascriptum 
diligenter examinatis, ex quorum depositionibus et diligenti 
inquisicione super noticiam impedimenti predati, comperimus 
prefatos Joannem et Elizabeth in hujusmodi tercio et quarto 



Mr. John Thorntoun, succeeded him in the vicarage of Aberkirdor, and another 
nephew, Mr. James Thomtoun, who ' appears to have been an active and con- 
fidential agent of James Beaton, Archbishop of Glasgow/ succeeded him as 
precentor of Moray and rector of Ancrum {Register of the Great Seal^ voL iv. 
Nos. 492, 1963, 2148 ; Laing's Knox^ ii. i8o ; vi. 687). According to the 
valuation of 156 1 ' the rentale of the chantorie of Murray .... in victualibus, 
the maist parte beir, the remanent quheit, will extend to 18 chalderis. The 
money that is payit of the said chantorie will extend to the soume of i8omerkis.' 
But there is this suggestive ttota added, ' He grantis it was sett befoir for 440 
merkis * {Registrum Episcopatus Moraviensis^ Ban. Club, p. xx). 

AttingefUes and attingerent are the forms usually found in such documents. 



118 REGISTER OF 

affinitatis gradu fore attinentes ac sese invicem actu fomicario 
camaliter cognovisse, ipsamque Elizabeth ab aliquo propterea 
minime raptam extitisse, sed ipsos ad hujusmodi despensacionis 
gratiam obtinendam alias habiles et ydoneos fore concepimus ; 
idcirco authoritate apostolica nobis commissa, et qua fungimur 
in hac parte cum prefatis Joanne et Elizabeth, ut matrimonium 
inter se libere contrahere, illud in facie ecclesie solemnizare, 
et in eodem, postquam contractum et solemnizatum fuerit, licite 
remanere possint, et valeant bannis tamen et aliis solemnitatibus 
in hujusmodi matrimonio et similibus servari solitis et consuetis 
prius tamen editis et ligitime servatis, juxta tenorem commis- 
sionis et facultatis nostre predicte, nobis a sede apostolica 
dispensandi cum quadraginta quinque copulis super talibus im- 
pedimentis desuper concessis, in personas dictorum dominorum 
Joannis et Alexandri procuratorum prefatorum Joannis et Eliza- 
beth et hujusmodi despensacionem humiliter petentum, miseri- 
corditer duximus dispensandum prout tenore presencium, cum 
eisdem Joanne et Elizabeth in Dei nomine amen dispensamus, 
dummodo dicta mulier propter hoc ab aliquo rapta non fuerit, 
ut coram nobis minime extitisse constabat, ac eos ab excom- 
municacionis sentencia quam propterea eciam per constituciones 
provinciales et synnodales incurrerunt, incestusque seu fomica- 
cionis reatu et excessibus hujusmodi absolvimus, prolem inter 
eos respective susceptam, si qua erit, et suscipiendam, legiti- 
mam fore decementes, impedimento predicto in aliquo^ non 
obstanti ; commissionis vero nostre, de qua supra fit mencio, 
tenor sequitur et est talis: — AxroNrcs miseratione divina 
tituli Sanctorum quatuor coronatorum* presbyter cardinalis 
dilecto nobis in Cristo Joanni Thorntoun canonico Glasguensi 
salutem in Domino : sedis apostolice indefessa clemencia, circum 
quaque pervigil ea potissimum circumspicere non desiit,* per 
que animarum perriculis obvietur ac paci et tranquillitati 
Cristi fidelium consulatur, juris rigorem temperando, ipsorum 



^ Supply mode, 

* The Sancti quatuor coronati were four brethren of noble birth who suffered 
under Diocletian, whose story is briefly given in Butler's Lives of the SaintSy 
under date November 8th. The church dedicated to them supplied the title of 
one of the Cardinal-priests. A martyrium was erected to them by the successor 
of Augustine at Canterbur}'. ' Or desinit. 



ST. ANDREWS KIRK SESSION. 119 

Cristi fidelium et temporura qualitatibus prefatis, prout secun- 
dum Deum salubriter expedire cognoscit, sane nobis oblate 
nuper pro parte tua peticionis series continebat quod plures 
Cristi fideles in regno Scocie et in fide illi subjectis, necnon in 
provincia Hybemie, ad pacem et concordiam inter se suosque 
consanguineos et amicos componendam et conservandam, necnon 
inimiciciis et dissensionibus, que oriri possint, obviandis, ac 
certis aliis racionabilibus causis nioti, interdum cupiunt invicem 
niatrimonialiter copulari, sed consanguinitatis et afiinitatis aut 
cognacionis spiritualis seu publice honestatis justicie vinculis 
impediti, hoc sacrum nequiunt, absque sedis apostolice dispen- 
sacione, et interdum ad sedem ipsam ob illius ab eis notabilem 
distanciam aliaque varia presertim presertim (sic) hiis tempori- 
bus impedimenta, proth dolor, urgencia, pro despensacionibus 
desuper obtinendis commode aditum seu ad eam recursum 
habere non possunt, sepeque propterea evenit quod, aut pacis 
desiderio suo bone hujusmodi frustrantur, aut, impedimentis 
hujusmodi non obstantibus, in\ncem copulantur absque alia de- 
super despensacione in [non] ^ modicum animarum periculum et 
scandalum plurimorum, et si tibi dispensandi cum eisdem Cristi 
fidelibus super impedimentis hujusmodi ab eadem sede tribuere- 
tur facultas, profecto paci et tranquillitati ac animarum saluti 
eorundem Cristi fidelium non parum consuleretur, quare sup- 
plicari fecisti humiliter tibi et eisdem Cristi fidelibus super 
hiis per ipsius sedis clemenciam de oportuno remedio miseri- 
corditer provideri : Nos igitur, qui pacis et tranquillitatis zela- 
tores sumus, animarum saluti eorundem Cristi fidelium consulere 
volentes, et attendentes quod tu persona satis fide digna et bene 
nierita existis, de qua in hiis et aliis specialem in Domino fidu- 
ciam obtenemus, hujusmodi supplicacionibus inclinati, authori- 
tate domini Pape, cujus penitentiarie curam gerimus, et de ejus 
speciali et expresso mandato super hoc vivevocis oraculo nobis 
facto, tibi, ut per te et seu alium vel alios in dignitate eccle- 
siastica constitutum seu constitutos ad id per te deputandum 
seu deputandos, hinc ad quintum annum a data presencium com- 
putandum, cum quadraginta quinque copulis vidz. quadraginta 
quinque viris et totidem mulieribus super impedimento quarti 



1 Omitted. 



ISO REGISTEE OF 

gradus consangulnitatis vel afHnitatis seu consanguinnitatis et 
affinitatis scilicet aut primi secundi tercii vel quarti publice 
honcstatis justicie aut cognacionis spiritualis, eciam si alter con- 
jugum aut contrahere volencium secundo vel tercio, alter vero ^ 
siinplici vel duplipi triplici quadruplici aut multiplici quarto 
consanguinnitatis et seu affinitatis aut publice honestatis justicie 
gradibus inter se re^ipective essent conjuncti aut se attinerent, 
necnon cognacionis spiritualis inter levatum et seu levatam, 
ac filios et seu filias levantis in baptisimo et seu confirmacione 
exorte, duntaxat eciam si per €ululterium absque machinacione 
se invicem poUuerunt, eciam si omnia impedimenta hujusmodi, 
seu eorum pars quecunque insimul concurrerint in matrimoniis 
contrahendis, vel eciam clandestine contractis et consummatis 
ignoranter, aut contractis scienter et non consumatis, in cogna- 
cione vero spirituali, ut prefertur, exorta, et seu publica hones- 
tate eciam scienter contractis et consumatis, ut, impediments 
consanguinitatis affinitatis vel cognacionis spiritualis seu publice 
honestatis hujusmodi non obstantibus, quadraginta quinque viri 
et totidem mulieres predictum matrimonium inter se, eciam si 
impedimenta hujusmodi ignorantes aut scientes ante contractum 
matrimonium se actu fornicario seu incestuoso camaliter cog- 
iioverint, seu eciam forsan post contractum ignoranter et con- 
sumatum, vel contractum scienter non tamen consummatum, 
divorciati fuerint et post sentenciam divorcii sese cognoverint, 
de novo respective libere contrahere et in eo postquam con- 
tractum fuerit, seu si jam ignoranter eciam clandestine contrax- 
erint, eciam si illud camali copula consumaverint, seu scientes 
impedimenta hujusmodi vel eorum alter sciens, matrimonium 
similiter contraxerint clandestine, eciam camali copula inter eos 
minime subsequuta, in eorum contracto matrimonio remanere 
necnon in foro consciencie, in eisdem gradibus, ac eciam primo 
secundo tercio ct quarto affinitatis simplici duplici triplici 
quadruplici seu multiplici gradibus ex actu fornicario tan^ pre- 
veniente, et in casibus in quibus negocium hujusmodi penitus 
occultum extiterit, matrimonium inter se scienter vel ignoranter 
contraxerint, camali copula inter eos subsequuta, vel non, ut, 
eisdem impedimentis non obstantibus, in eorum contracto matri- 

* Or virj. 



ST. ANDREWS KIRK SESSION. 181 

monio remanere, seu illud de novo inter se contrahere et in eo 
postmodum similiter similiter (sic) remanere libere et lieite 
possint et valeant (nuUis tamen super hiis testibus adhibitis, aut 
literis datis, vel processibus confectis) authoritate apostolica, 
dummodo dicte mulieres propter hoc ab aliquo rapte non 
fuerint, dispensare: Ac eis, qui scienter vel ignoranter et 
clandestine contraxerint ac eciam impedimenta scientes vel 
ignorantes sese ante eontractum matrimonium seu eciam post 
sentenciam divorcii, ut premittitur, camaliter cognoverint, ab 
excommunicacionis sentencia quam propterea eciam per consti- 
tuciones provinciales et synodalcs incurrerint ac incestus seu 
fomicacionis reatu et excessibps hujusmodi absolvere, et eis 
pro modo culpe penitenciam salutarem injungere; prolemque 
inter eos susceptam, siqua erit, et suscipiendam, legitimam 
decernere, ac eciam cum eisdem copulis quorum alter contra- 
hencium, seu eorum qui jam contraxerunt, secundo et quarto seu 
tercio et quarto a stipite communi seu stipitibus communibus 
respective gradibus distare noscuntur, si in literis per te seu a 
te, ut prefertur, deputandos super dispensacionibus hujusmodi 
concessis, mencio secundi seu tercii graduum predictorum facta 
non fuerit juxta formam juris et constitucionum felicis recorda- 
cionis dominorum Gregorij xj^ et dementis vj^ Romanorum 
pontificum super hoc editarum, declarare libere et lieite possis 
€t valeas, dictique per te deputandi possint et valeant, viris, 
€xistentibus premissis, tenore presencium indulgemus, ac tibi 
et deputandis predictis super hoc plenam et liberam concedimus 
facultatem, non obstantibus premissis, ac bone memorie Octonis^ 
•et Octoboni,* olim in regno Anglie, et forsan eciam in dicta pro- 



* Or, X"*, i.e. decimi. 

' Octo, Otto or Otho, Cardinal-deacon of S. Nicolas in carctre Tulliano^ was 
sent in 1237 as Legate to England, Wales, and Ireland, and apparently to Scot- 
land also. In 1237 he held a Council in St. Paul's, London, and enacted a 
number of canons for reformation of prevailing abuses. See Wilkins' Concilia 
Magna Britannia, vol. i. pp. 649-663. His entrance into Scotland was at 
first opposed by the king, Alexander ii., but ultimately it was permitted under 
certain conditions, and in 1239 he held a Council at Holyrood, in which part at 
least of the canons he had enacted at London seem to have been extended to 
Scotland (Robertson's Statuta Ecclesia Scoticana^ vol. i. p. Iviii and note). 

' Octobonus or Ottobonus, then Cardinal -priest of S. Adrian — afterwards Pope 
Adrian v. — was in 1265 sent as Legate to England, Scotland, Wales, and Ire- 
land. In 1269 he too held a Council in St. Paul's, London, and there promul- 



188 REGISTER OF 

vincia, apostolice sedis l^atorum, et quibusvis aliis apostolicis, 
necnon in provincialibus et synodalibus consiliis editis, general- 
ibus vel specialibus constitucionibus et ordinationibus statutis 
et consuetudinibus regni Scocie et provincie predictorum, eciam 
juramento confirmacione apostolica vel quavis finnitate alia 
roboratis, ceterisque contrariis quibuscunque, proviso [tamen] ^ 
quod dupla seu tenores dispensaeionum hujusmodi quas vigore 
presencium per te et seu a te, ut prefertur, deputandos, fiwi 
contegirit, ut premittitur, sub tuo in forma actentica sigillo 
nobis et ofiiciio penitentiarie apostolice hujusmodi in eo cum aliis 
illius registris perpetuo, pro utilitate parcium despensaciones 
hujusmodi concementium, servanda, infra tempus congruens 
pro facti qualitate transmittere cures, et numerum quadraginta 
quinque copularum nulatenus excedas, nee ipsi deputandi 
excedant nee cum aliquibus ex xlv copulis predictis quorum 
uterque forsan tercio consanguinnitatis vel affinitatis aut pro- 
pinquiori gradu a stipite communi distarent, vel cognacione 
spirituali aliasque, ut prefertur, reperta, seu aliis impedimentis 
et jure prohibitis [bla7ik] quibusvis gradibus affinitatis ex actu 
fomicario preveniente, in foro consciencie tamen ubi negociuni 
hujusmo^ occultum fuerit, et jam contractum matrimonium 
extiterit, et nullis, ut prefertur, testibus adhibitis aut Uteris datis 
seu processibus confectis ac alias in casibus in hujusmodi facul- 
tate expressis dispensare, nee dicta facultate post spacium quhi- 
que annorum uti presumas, nee deputandi presumant; et si 
quid pretextu presencium contra illarum tenorem fieri conte- 
gerit, ilia et inde sequuta quecunque nuUius exeant roboris 
vel momenti. Datum Rome apud Sanctum Petrum sub sigillo 
officii penitentiarii 4 non. Junii pontificatus domini Pauli Pape 
Tercii anno septimo. — In quorum omnium et singulorem fidem 
et testimonium premissorum has presentes literas nostras sive 
hoc presens publicum instrumentum processum hujusmodi nos- 
trum in ordine nostrarum dispensaeionum trigesimum nonum in 

gated certain canons, which are recorded in Wilkins' Conciiiat vol. ii. pp. i-i^ 
The Scottish clergy were summoned to this Council, but they only sent four 
deputies to protest against anything being concluded to their prejudice in their 
absence. Subsequently at Perth they refused to receive these canons. The Scot- 
tish king refused him entrance into his kingdom. See Robertson's Staiutdy 
vol. u p. Ixiii and notes). 
* Omitted. 



ST. ANDREWS KIRK SESSION. 128 

se continentem fieri fecimus, et per notarium publicum subscrip- 
tum subscribi et publican mandavimus, sigillique nostri jussimus 
et fedmus appencioni communiri. Datum et actum infra 
opidum Edinburgh, Sancti Andree diocesis, horam circiter 
decimam ante meridiem primo die mensis Maii anno Domini 
ujOyCjjjj indictione xv** pontificatus sanctissimi in Cristo patris 
et Domini nostri domini Paulj, divina providencia Pape 
Tercii ^ anno octavo, presentibus ibidem honorabilibus et dis- 
cretis viris Thoma Ramsay, Jacobo Alan, Andrea Crawfurd, 
cum diversis aliis testibus vocatis et requisi[tis]. Et ego vero 
Thomas Spalding arcium magister, clericus Sancti Andree dio- 
cesis, sacra authoritate apostolica notarius, gratia predicte 
despensacionis [et]* concessionis ceterisque premissis omnibus 
et singulis, dum, sicut premittitur, agerentur dicerentur et 
fierent, una cum prenominatis domino, commissario, et testibus 
presens fui, eaque omnia et singula sic fieri vidi, scivi, et 
audivi, ac in notam cepi, ideo hoc presens publicum instrumen- 
tum despensacionem hujusmodi in se continens manu propria 
fideliter scriptum exinde confeci et in banc publicam formam 
redegi, signoque et subscripcione meis solitis et consuetis una 
cum appinsione sigilli prefati domini commissarii subscripsi et 
signavi, in fidem, robur, et testimonium veritatis omnium et 
singulorum premissorum rogatus et requisitus. 



Followis the tenor of the commissione. 

Maister Johane Wynram, Superintendent of Fyft*, minister [Commissione 
and eldaris of Cristis kyrk and congregacione wythin the pj^^j'^^nd^ ^ 
citie of Santandrois, to our lovit bretheren, Maisteris Robert Wyiiam Cok.] 
Pont and Wyliam Cok, eldaris of the said citie, grace, mercy, 
and peace for salutacion. Forsamekyll as Elizabeth Auther- 
lony, Lady of Athinlek, being sumniond be our Sowiran Ladeis 
letteres at the instance of Elizabeth Leslie, Lady of Nydye, to 
have comperit befoyr us at certan day and place assignit to 



^ Paul III., by whom the Council of Trent was convoked, and who sent to 
James v. in 1536-7 the * m3rstic cap and sword blessed by him on Christmas 
night/ and * profered to him the title of Defender of the Christian faith.' 

» Omitted. 



124 



REGISTER OF 



hyr, to have born wytnes in the caws of ressonis of the said 
Elizabeth Lesle aganis Johan Forret of that Ilk, and at the 
said daye hyr assonze ^ of aige and iniirmite produced befoyr 
us ; we have deccrnit owr commission direct to yow to examyn 
the said Elizabeth, as be thir presentis we commyt to you 
power in the Lord to summond and call befoyr yow the said 
Elizabeth Autherlony wytnes foyrsaid, to resave hyr ayth and 
deposicione, and to examyn hyr upoi) the foyrsaidis ressonis 
and articles of the said Elizabeth Lesle, in sic place as salbe 
thocht maist convenient be you, and ony lawful day betuix this 
and the xxiiij day of September instant, quhilk is statut for 
produccion; wyth power to you also to summond the said 
Johan Forret to compeir the said day and place, to heir and se 
the said Elizabeth resavit, sworn and admittit in the said cans, 
admitting to hym his lawfull excepcionis and defensis according 
to justice. And the deposicion of the said Elizabeth be you 
put in wryt, that ye produce the sam befoyr us, the said xxiiij 
day of September, wyth thir presentis, gevyn under the sayll 
of ministerie foyrsaid, according to our deliverance, at Sanct- 
androis, the xj day of September, in the year of God m^v^lxj 
yearis. 



[John Forret 
summoned by 
Wyliam Cok 
and Robert 
Pont.] 



Followis the tenor of the summondis. 

Wyliam Cok and Robert Pont, eldaris of the kyrk of Sanct 
Androis, to our lovittis, minister, reader or ane of the diaconis 
of the kyrik (sic) of Logy, and to Dauid Forret, James An- 
derson, and every ane of you, grace and peace in the Lord. 
Forsamekyll as the commission^ of the Superintendent in 
Fyff and ministere of Sanct Androis, is direct tyl us, to 
examyn Elizabeth Autherlony upon certan articles concem- 
yng ane caws, depending befoyr the said Superintendent and 
ministerie, betuix Elizabeth Leslie Lady of Nydye and Johan 
Forret of that Ilk, as the said'* commission at mayr lenth 
proportis; we requir tharfor and desyris yow, or ony of 
you to quhom thir presentis beis presented, as faythfull 



^ Excuse. 

' j4s the commission as the commission in MS. 

• As the said as the said in MS. 



ST. ANDREWS KIRK SESSION. 126 

membris in the Lord, that ye laufully warn and cherge the said 
Johan Forret, of that Ilk, to compeir befoyr us, in the place of 
Athinlek wy thin the bowndis of Angus, the xvij and xviij daye 
of this instant raoneth of September, betuix viij howris in the 
raomyng and iiij efter nuyn; to heir and se the said Lady 
Athinlek ayth of fidelite takyn be us, and sche admitted as 
wytnes in the said caws to depon upon the foyrsaidis articlis, 
or to allege ane racionabill caws in the contrar, with deu inti- 
macion as efferis. The quhilk to do we commit to you and 
every ane of you our ful power be thyr presentis, gevyn under 
our signet and subscripsionis, at Sanctandrois, the xiij day of 
September, the year of [our]^ Lord m*Hr°lxj yearis. Robert Pont, 
wyth my hand, Wyliam Cok, wyth my hand. Follows the 
indorsacion : The xiiij daye of September, I, James Anderson, 
in the parochie of Logy, presentit this present to Dauid 
Forret, allegit reader in Logy kyrk, quha red the samm3m, and 
als afiixit ane cope heirof on the sayd kyrk dur, summondyng 
Johan Forret of that Ilk, conform to the tenor of the sammyn, 
befoyr the said Dauid and Johan Rowch. — James Anderson. 

Followis the examinacion and deposicion of the Lady 
Athynlek. 

At Athinlek, the xviij daye of September, in the year of [Examinadon 
God 1561 yearis, abowt xij howris at nuyn or tharby, the Lady of thelLadv*^" 
Athinlek underwrytyn wes sworn and admittit to examinacion Athynlek.] 
as followis, in absence of Ihon Forret of that Ilk tharto sum- 
mond and nocht compirand. 

The quhilk daye, Elizabeth Autherlony, Lady of Authinlek, 
being summond to compeir day and place abone wryttyn 
befoyr us, commissionaris under wrjrttyn, to beyr wytnes and 
declar the virite, in the accion and caws depending befoyr the 
Superintendent of Fyff and ministere of Sanctandrois, betuix 
Elizabeth Leslie, Lady of Nydy, and Johan Forret of that Ilk, 
as the commission direct to us proportis, hes comperit tym and 
place foyrsayd, and, hyr ayth of fidelite being resavit to testify 
the virite upon the said Lady of Nydeis articlis, deponis as 
follows : that is to say, upon the fyrst article, concemyng pro- 

^ Omitted. 



126 REGISTER OF 

mys of mariaige betuix hyr and Johan Forret of that Ilk, sche 
afiinnis it to be trew as it is articulat, and at the sayd promys 
of mariaige wes fyrst mayd betuix tham hinc inde abowt Fast- 
ronis-ewyn,^ in the year of God, &c. xlj yearis, wythin the place 
of Athinlek, and than the said Johan Forret promisit to 
soleinnizat mariaige wyth hyr at Pasche * nixt tharefter fol- 
lowing ; and tharefter, befoyr that sammyn Pasche, he schew 
unto hyr that thai behovit to have ane dispensacione, be reason 
of consanguinite betuix hyr and his fyrst wyff, and sche gave 
hym ten pundis to rais the said dispensacion at that tym ; and 
bayth sche and the said Johan Forret constitut procuratoris to 
that effect, and tuk instrumentis in Mr. Ihon Guthreis hand 
tharupon : and the said dispensacione being schawyn, and red 
to hyr in the substanciall puntis tharof, affirmis it to be of 
verite, and confessis that sche gav the same to Mr. Ihon Ruyer- 
furd, and efter at the said dispensacione wes rasit, vidz., at the 
nixt Wytsunday thairefter, the said Johan Forret of that Ilk 
caused hyr cum to his place of Forret, quhar sche remanit* 
wyth hym the space of ane year in bed and burd, and [wes] * 
reput as his lawful wyff. Upone the secund artickle, sche 
deponis as affoir, ekyng farther that the Iiayll space at 
the said Johan Forret and sche war together, bayth in 
Aithinlek and Forret and uther places, wes be the space of 
twa yearis; and that he transportit and used hyr and hyr 
gayr, as is contenit in the secind part of the secund article, 
and also promised to put hyr in the conjunct fe of the cottoun 
of Forret ; and that sche wes reput as his wyff bayth in FyfF 
and Angus; and quhen the said Elizabeth Autherlony wes 
called in the consistory of Brechyn, or summond for ony thing, 
the said Johan Forret wes summond and called also as hyr spows 
for his interes. And als sche deponis that he brocht haym the 
said dispensacion owt of Edinburgh hymself ; and the hayll tym 
that sche was in Forret, sche had the cuyr and administracion of 
his hows as his lawful wyff. As toward the rest of the articlis, 
sche knawis na thing uther than is above specifyed, except be 
report of otheris. And thir premissis sche deponis to be of 

1 The eve preceding the first day of the fast of Lent — Shrove Tuesday. 

' Easter. 

^ Quhar sche remanit quhar sche remanit in MS. * Omitted. 



ST. ANDREWS KIRK SESSION. 187 

viritie, as sche wyll ansuer befoyr God, and desyris justice to 
have place wythowt fayd ^ or favor. Followis subscripsionis of 
the commissaris, Robert Pont wyth my hand scripsU^ William 
Cok wyth my hand subscr^tus. 

Followis the confession and deposicion of Ihon Forret party. 

Johane Forret of that Ilk swome in presens of the ministerie, [Confession 
and be his ayth examinat upon the articles of Elizabeth Lesle of jho^FoTOt] 
in the caus foyrsayd : to the fyrst article, he ansueris and con- 
fessis thar wes ane condicional promys of mariaige betuix hym 
and Elizabeth Autherlony, Lady Athinlek, mayd tym articulat ; 
and son efter the said promys the deponar had camall dayll 
wyth the said Elizabeth Autherlony, and rased the dispensacion 
at the handis of Mr. Ihon Thomtoun. As to the using of the 
same, he referris hym to the tenor therof and contentis tharin : 
the dispensacion to hym schawyn and exhibit to recognosce it, 
he ansueris that he is nocht letterit nor can reid,* bot that dis- 
pensacion that he rased he deliverit to the said Elizabeth 
Autherlony. Examinat upon the fyrst part of the secund 
artikill, ansueris as afFoyr that efter promys foyrsaid the 
deponar and Elizabeth Autherlony kepit cumpany divers 
yearis, and that lang befoyr he mareid Elizabeth Leslie. The 
secund part of the secund artikill he confessis, except the 
promys of inputtyn of Elizabeth in the cottoun of Forret. 

Die ultimo mensi^ Decembris^ anno Domini 1561. 

The quhilk day, Johan Forret, of that Ilk, summond to [jhon Forret 
declar and cleyr his deposicion mayd upon the articlis of ^^Sn J** *^^^^ 
Elizabeth Leslie, Lady of Nydye, and specialie quhar he deponit 
and confessed ane condicionall promys betuix hym and Eliza- 
beth Autherlony, Lady of Athinlek : for declaracion of that 

1 Feud. 

' Among the names adhibited to the band of the barons and gentlemen of Fife, 
at St. Andrews, on the 12th of September 1565, obliging them to * trewlie serve 
the King and Quenis Majesteis .... owther for resisting thair Hienessis 
rebellis or persewing thame and expelling thame furth of this cuntre, or to resist 
and invaid Ingland, in caise it sal happin to persew,' occars ' Johnne Forret of 
that Ilk» with my hand at the pen led be Alexander Hay, notar ' {Register of the 
Prwy Ctmncily i. 367, 368). 



1«8 REGISTER OF 

word condicional, he sworn deponis that the condicion wes 
betuix hym and Elizabeth Autherlony as followis, vidz., that 
sche sudd caws hyr son to marie his dochter; and now con- 
fessis that this condicione wes mayd to hym be Elizabeth 
Atherlony efter the promys of mariaige and camall dayl 
betuix hym and Elizabeth Autherlony. Quhilk confession 
wyth the rest preceding Elizabeth Lesle acceptis, and passis 
fra al farther produccion. The Superintendent statutis Wed- 
insday nixt to cum to pronunce. Partibus citatis. 

Die vy^ mensis Januarii anno Domini 1561. 

TEiizabeth The quhilk daye, in the accione and caus of adherence, pro- 

fia^^^g^to ponit be Johan Forret of that Ilk aganis Elizabeth Leslie, 
Johan Forret.] Lady of Nydy, to adheyr to hym as to hyr lawful husband, 
as desyr of this term statut to pronunce, the Superintendent, 
avysed wyth the peticion and desyr of Johan Fo[r]ret, defensis 
and articles of Elizabett Lesle concemyng the alleged promys 
of mariaig and camall dayll betuix the sayd Johan and 
Elizabeth Autherlony, Lady Athinleik, yit levand, and mayd 
befoyr the pretendit mariaig betuix Ihon Forret and Eliza- 
beth Lesle, and confessionis of the sam contenit in the 
deposicionis of the sayd Ihon Forret and Elizabeth Auther- 
lony, fyndis that the sayd Jhon Forret had mayd promys 
of maruag wyth Elizabeth Autherlony yit on lyve, and 
knew hyr camale efter promys mayd betuix tham,^ and that 
befoyr the pretendit mariaige mayd de facto et nan de jure 
betuix the saydis Jhon and Elizabeth Lesle, and heirfor 
absolvis Elizabeth Leslie fra adhering to the said Ihon in- 
stantle, in respect of the premissis and of all that is yit 
knawyn. 

Die xiiij*^ mensis Jamiarii anno Domini 1561. 

fEUfabeih The quhilk daye, comperis Elizabeth Leslie, Ladye of 

Le^ejmcs or ;^yjy^^ 3^jij produces ane libellat summondis of the Superinten- 
dentis of Fyff deulie executed and indorsat, tharin summond 
Johan Forret of that Ilk, [quha]* comperand be verteu of the 
sayd summondis confessing hym summond. Of the quhilk 
summondis the tenor followis : — 

1 TAan in MS. ' OmiUcd. 



ST. ANDREWS KIRK SESSION. 129 

Maister Johan Wynram, Superintendent of Fyff, &c., to my [Tenor of the 
lovittis, minister or reader in the parrochie kyrk of Logy, or us^mmonS.'] 
ony other quhilk salbe requirit wyth execucion of thir pre- 
sentis, grace, mercy and peace from God the Father, throwgh 
Jesus Crist our Lord and onlie Saluer. I requir yow, in the 
name of the etemall God, that ye laufullie and peremptorlie 
summond Johan Forret of that Ilk, to compeir personalie 
befoyr me or the ministerie of Sanctandrois, in the consaill 
hows wythin the parrochie kyrk of the citie of Sanct Androis, 
upone Wedinsday the xiiij daye of Januar instant, in the 
howr of caws, at the instance of Elizabeth Leslie Lady of 
Nydye his pretendit spows, to heir and se the matrimony, de 
Jacto et non dejure^ contracted betuix hym and the said Eliza- 
beth, provyn to be and have beyn null fra the begynnyng; 
becaus the said Johan Forret, lang befoyr the said pretendit 
mariage, had mayd promys of mariaige wyth Elizabeth Auther- 
lony, Lady of Athinlek, quharupon follow[it] camall dayll 
also betuix the saidis Johan and Elizabeth Autherlony, and 
cohabitacion kepit betuix thame be the space of divers yearis, 
thai being haldyn and reput as mareit personnis; albeit the 
sammyn wes unknawyn to the said Elizabeth Lesle quhill 
now laytlie wythin thir thre yearis or les, sen the quhilk 
knawlege sche hes abstracted hyr fra cumpany and cohabitacion 
of the sayd Ihon, moved of conscience becaus the sayd Elizabeth 
Autherlony is yit levand, wyth quhom he mayd the fyrst 
promys : and heirfor the sayd Johan Forret to heir and se the 
sayd pretendit matrimony, m^yd de facto et non dejure betuix 
the sayd Ihon and Elizabeth Lesle, to be and have beyn fra 
the begynnyng nul, and he to be seperated, divorciat and 
dividit simpKciter fra the said Elizabeth Lesle ; and the sayd 
Elizabeth Lesle to be set at libertie, and put to fredom in the 
Lord to mare wyth ony lawful husband, according to the law 
of God ; or ellis the said Johan to schaw ane ressonabyll caws 
quhy the sam awcht not [to]^ be don: wyth intimacion, gyf 
the said Johan compeir nocht, we wyll proceid in the said caws 
as we may and awcht of the law of God. The quhilk to 
do we commyt to you power in the Lord be thir presentis, 

1 Omitted. 



180 REGISTER OF 

delivering the same be yow deulie executed and indorsat agane 
to the berrer :^ gevyn under the saill of the said ministerie at 
Sanctandrois, upon the viij daye of Januariiy anno Domini 
1561. 

Quhilk summondis being red in presens of the sayd Johan 
Forret, and his ansuer required therunto, and gyf he ony 
defens had or wald use to stop the sayd divorciment, he 
ansueris that he wald use nan other nor lie had used alredy 
in the proces of adherence. And the summondis and contentis 
tharin referred to probacion of Elizabeth Lesle, sche, in presens 
of the sayd Johan, producis and repetis the decreit absalvator, 
and proces gevyn and led be the Superintendent, in the caus of 
adherence proponit be Ihon Forret aganis hyr. Nathing thar 
aganis objecked, the Superintendent statutis Wedinsday nixt 
to cum, to pronunce in presens of parteis, heyrto chergit be 
ac[tis]. ^ 

■ 

Die xo^ mensts Jannnrii anno Domini 1561. 

Sentencia Wyth incalling of the name of Crist Jesus, Sone of the 

johanem Forret etemall and everlevyng God, Maister Ihon Wynram, Super- 
^LaU*^^^^ intendent of Fyff, &c., juge in the caws of divorce moved be 

Elizabeth Leslie Lady of Nydye aganis Johan Forret of that 
Ilk for nuUite of tlie pretendit mariaige maid, de facto et non de 
jure^ betuix tlie foyrsaid Jolian and Elizabeth, in respect that 
the sayd Johan Forret, lang befoyr the said pretendit mariaige, 
had mayd promys of mariaige wyth Elizabeth Autherlony, 
Lady Athinlek, quharupon followed caniall dayll also betuix 
the saidis Johan and Elizabeth Autherlony, and cohabitacion 
kepit betuix tham be the space of twa yearis, thai being haldyn 
and reput as mareit personns, albeit the sammyn wes unknawyn 
to the said Elizabeth Leslie quhil now laytlie wythin thir thre 
yearis or les, sen the quhilk knawlege sche lies abstracted hyr 
fra cumpany and cohabitacion of the sayd Johan, moved of 
conscience becaus the said Elizabeth Autherlony is yit levand, 
wyth quliom he mayd the fyrst promys, as at mayr lenth is 
contenit in the libellat summondis, rased at the instance of the 
said Elizabeth Leslie, deulie executed and indorsat upon the said 

* Brrrer in MS. 



ST. ANDREWS KIRK SESSION. 131 

Johan and befoyr us produced ; quharupon we have procedit 
wyth detful ordor, admitting to bayth the saidis parteis thar 
just and lawful defences. And we being ryplie avysed wyth 
the foyi'said libellat summondis, ansuer of John Forret therunto 
mayd, probacionis therupon producet and repetit be the said 
Elizabeth Leslie, and all otheris deduced in the said caws, the 
consall and sentement of the ministerie of Sanctandrois heirin 
had and hard, we fynd the intent of the sayd Elizabeth Leslie 
sufficientle and clerlie provyn : heirfor, havyng God onlie befoir 
our ees, and the testimonie of his trew and eternall Word, pro- 
nuncis, decemis, and, be this our sentence diffinityve, declaris 
the foyrsaid pretendit mariaige de facto et non dejure mayd 
betuix the said Johan Forret and Elizabeth Leslie to be and to 
have beyn fra the begynnyng nul ; and the sayd Johan Forret, 
becaus of his prece[ding] promys and carnal dayll and cohabi- 
tacion wyth Elizabeth Autherlony following tharupon, to be 
divorciat, seperated and dividit fra the sayd Elizabeth Leslie ; 
and libertie in the Lord to the sayd Elizabeth Leslie to marye 
ony other lawful husband, according to the law of God : com- 
mitting the sayd Johan Forret to the handis and power of 
temporall magistratis havyng pouer to punys hym, according 
to the law of God and ordor of this realm. Pronunced in 
presens of the saidis parteis, wythin the parrochie kyrk and 
consistorie hows of the cite of Sanctandrois, upon Wedinsday 
the xxj of Januar, in tlie year of God m^v^lxj yearis, being 
present for the tym Crostopher Gudman, minister, Mr.^ Ihon 
Dowglas, Rector of the Universite of Sanctandrois, Masteris 
James Wylke, Alan Lawmonth, &c. 

Sessio domini Superintendentis et ministerie Sancti 
Andree^ tenta in ecclesia parrochiali ejusdem civitatis^ 
die decimo Deccmbris^ anno Domini jm^iflxj. 

The quhilk daye, ane nobill and mychty lord, Andro, Erl of Decntum 
Rothes,* of his awyn proper confession oblesis hym, as fermorar of ?^^^°of ihe 
the frutis of the abbaye of [Sanctandrois — deleted] Lundoris, to Abbaye of 



^ Mris in MS. 

^ Andrew Leslie, fourth Earl of Rothes, succeeded his father — one of the com- 
missioners who died suddenly at Dieppe — in 1558, and joined the Lords of the 



182 BEGISl'ER OF 

paye to Wyliam Symson, minister in Ebde,^ yearle at twa 
usuall termis in the year, Wytsunday and Martymes, be twa 
eqtiall porcionis the sowm of fowyr scoyr lib. in money ; or* 
ellis to assigne the sayd Wiliam to uptak sa mekyll victualis 
as extendis to the valor of the sayd sowm, according to the 
common price of the cuntre, yearle in the moneth of Januar ; 
begynnand the first term of payment at the term of Martymes 
in the sexty ane year, and sa yearlie* and termle, contenuand 
aye and sa lang as the sayd lord remanis fermorar to the sayd 
fhitis, and the sayd Wyliam remanis minister in the sayd kyrk, 
or [as]^ son tharefter as commodite of tjin sal ser\c In lyik 
Duretum maner the sayd nobyll lord, Andro, Erl of Rothes, of his awyn 
proper confession, oblesis hym, as fermorar of the frutis of iiie 
abbay o[f] Lundoris, to paye to Johan Wobstar,* exortar in 
the kyrk of Collesse, yearlie at twa usuall termis in the year^ 
Wytsundaye and Martymes, be twa equall porcionis the sowm 
of ane hundreth marchas in money ; or ellis to assigne the said 
Jhon to uptak sa mekyll victualis as extendis to the valor of 
the said sowm, according to the common price of the cuntre^ 
yearlie in the moneth of Januar ; begynnand the fyrst term 
of payment at the term of Martymes in the Ixj year, and sa 
yearlie and termle, contenuand aye and sa lang as the sayd 
lord remanis fermorar to the saidis frutis, and the said Johan 
remanis exortar in the said kyrk, or [as]^ sone tharefter as 
commodite of tyni sal serve. 



Wobstar. 



Congregation, with whom he acted and suffered ; but he fought for the Queen at 
Langside. It was several years after the date in the text ere John Philip 
resigned the Abbaqr of Lundores in favour of Bishop Leslie, who was succeeded 
in the commendatorship by Patrick Leslie of Pilcairlie, second son of Elarl 
Andrew, and afterwards first Lord Lindores (Laing's Knox^ i. 263, 350 ; ii. 53, 
129, 601 ; Register of Privy Council ^ i. 357, 409 ; Historie of King James the 
Sextf Ban. Club, p. 26 ; Laing's Lindores Abbey j p. 403). 

* Symson was minbter of Abdie and Dunbog in 1565 (Scott's /Jw/i, ii. 466). 
2 Of'in MS. * Omitted. 

* Webster was reader at Collessie in 1567 or 1568, with a stipend of £20- 
(Register of Ministers ^ Exhorters and Readers^ p. 24). 



ST. ANDREWS KIRK SESSION. 133 



Heir followis the sentence gevyn be the Superinten- 
dent and ministerie in favoris of Alexander Cwnyng- 
hame, anent the adheryng of Cristen Wod to hym 
as to hyr lawful! husband, nochtwythstandyng the 
sentence of divorce, procurit be hyr in Papisticall 
maner, fundyn nul, as the proces beris, quhilk is 
omittit heir, becaws it is al wryttyn into ane buk 
be the self remanand wyth Regester^ &c. 

Wyth incalling of the name of Crist Jesus, Sone of the Sentenda 
eternall and everlevyng God, quhai is the waye the verite and colura'Wod, 
the lyff, to wytnes wyth our consciences, we. Master Johan 
Wynram, Superintendent, &c., minister and eldaris of the 
reformed kyrk and cite of Sanctandrois, in takyng cognicion 
in the complaynt and peticion of Alexander Cwnynghame, 
fear of Wast Bemis,^ proponit befoyr the said ministerie, 
allegiand that Cristian Wod, wyth quhom he contracted and 
solemnizat mariaige in the face of the kyrk, had passed fra 
hym wythowtyn ony just caus, had remanit fra hym be the 
space of twa yearis or tharby, and wald nocht adheir to hym 
as to hyr lawful husband wythowt sche be compelled, desyring 
hyr to be caused to adheir to hym according to the law of 
God, and owr autorite quhilk we have of the law of God to 
be tharto interponit. The said Cristian heirto laufuUie 
summond and comperand, the forme of the said peticione red, 
sche confessed the mariaige foyrsaid, and for stop of desyr of 
adheryng be hyr to Alexander, be waye of excepcione, proponit 
and alleged sche wes divorciat fra Alexander and ane sentence 
tharupone gevyn. In discussing of the quhilk excepcione, we 
have procedit in examinacione of the said allegit divorciment. 



* Alexander was the son of William Cunninghame of Barns {Register of Great 
Sealt iv. No. 1700). It was with one of the fair daughters of this house that 
Hawthomden was 'deliriously in love,' and whose untimely death he so piteously 
bewails : 

* I have nought left to wish : my hopes are dead ; 
And all with her beneath a marble laid. ' 
The scene too of his Polemo-Middinia, or Midden-Fecht^ is laid at the West or 
New Bams (Professor Masson*s Drumniond of Hawthomden^ 1873, PP« 45*52. 
476.484). 



184 REGISTER OF 

proces and sentence tharof, in divers and syndry dietis, the 
said Cristian therto lawfully at all tym summond, all lawfull 
defensis admittit to bayth the saidis parteis. And now 
finalie, the peticion of the said Alexander, ansuer of Cristen, 
proces, sentence of the said allegit divorce, rychtis, juris, 
ressonis, allegacionis, probacionis,^ testimoneis and deposi- 
cionis of certan famos wytnessis, and all otheris producit and 
deducit in the said caws befoyr us be bayth the saidis parteis, 
be us seyn, hard, considerit and ryplie understand, together 
wyth the testimonye of tlie trew and etemall Word of God : 
we fynd that the saidis Alexander and Cristiane have con- 
tracted and solemnizat matrimonye in the face of the kyrk, 
and ar jonit in the band of matrimonye ; and at the divorci- 
ment, proponit be waye of excepcione be the said Cristiane 
for hyr defence and to stop hyr adheryng to the said Alex- 
ander, is and wes fra the begynnyng nul, invalid, and na caws 
to stop the said Cristiane to adheir to the said Alexander as 
to hyr lawfull husband, becaws the pretendit sentence of the 
said alleged divorciment wes pronuncit into ane privat and 
prophane hows (sa called in Papistre) wythin the reformit citie 
of Sanctandrois, and that lang efter the said citie wes reformed 
be sinceir preaching and hearing of Goddis trew Word, 
all public idolatrie, Papistrie, and Papisticall jurisdiccione 
abolesched furth of the same, the consistorie hows dischergit 
and stekyt up, the multitud of the inhabitantis of the said 
citie be professione and protestacione adjonit into ane Cristiane 
congregacione : and also in respect that in the said pretendit 
proces is noclit specifyed ony caus of divorce permitted in 
the Word and law of God, bot alanerly sic causis of pro- 
pinquite of greis of consanguinite and affinite as ar inventit 
and statut be Papisticall tradicionis to impeid mariaige ; upone 
the quhilkis greis (sa monye at the lest as ar provyn in the 
said proces) the saidis parteis had obtenit and used Papisticall 
dispensacione, quharby the saidis impedimentis and causis war 
removed lyik as thai war ordened. And heirfor declaris and 
ordenis the said Cristian Wod to adheir to the said Alex- 
ander Cwnynghame hyr lawfull husband, and to obey hym as 



' PorbcuionU in MS. 



ST. ANDREWS KIRK SESSION. 135 

becummis of dewetie the lawfull wyff to obey hyr lawful! 
husband, according to the ordinance and law of God. And 
letteres of monicione in dew fomi to be gevyn heirupon, to be 
executed upon the said Cristiane under pains of excommuni- 
cacione ; and gyf sche con tern pnis to obeye, the same pains to 
be executed aganis hyr. Pronuncit in the consis[to]ry hows, 
wythin the parochie kyrk of the citie of Sanctandrois, in 
presens of Alexander Cwnyngham makand instance, and in 
payn of nocht comperance of Cristian Wod heyrto laufulle 
sumniond. 



The accusacione and prowd ansueris of Mr. Thomas 
Meffen wyth decreit aganis hym foUowis. 

Die xxv*^ mensis Aiigustt^ anno Domini S^c. Ixj. 

The quhilk daye, as in the diet assignit be the Superin- [Accusadone 
tendent and ministerie to tak cognicione and tryall anent the ansueris^of 
conversacione, inobedience and contempsion of divers in- Mr. Thomas] 
habitantis of this citie, and namle of Mr. Thomas Meffen, 
and command gevyn to George Blak and Wyliam Mayn, 
dioconis, to warne hym to compeyr in this essemble, the saydis 
George and Wiliam, diaconis, varefyis that thai lawfullie 
chergit the said Mr. Thomas Meffen, personalie apprehendit, 
in name of the Superintendent and ministerie, to compeyr this 
daye in thar session and consistorie hows, quhilk Mr. Thomas 
ansuerit and gave thame in cherge to report for his ansuer : 
That he was nether ane Papist nor ane Calwynist, nor of Paul 
nor of Apollo, bot Jesus Cristis man ; he wald nocht cum to 
tham nor to thar hows ; bot gyf the Superintendent or the 
minister had ocht to do wyth hym, at thar request he wald 
cum to thar chalmer and speik tham. Quhilk answer and 
report hard be the Superintendent, he affirmis lyik report mayd 
to hymself be Mr. Thomas as concemyng his cuming befoyr 
the ministere, and that he wald nocht compeyr befoir the 
ministerie, desyring hym to have hym excusit for he wald cum 
to hymself at his desyr. And heirfor the sayd Mr. Thomas 
is decernit to be called yit anis agane. 



136 REGISTER OF 



Die xxvij Augusti^ anno quo supra. 

Meflfen. The quhilk daye, Mr. Thomas MefFen provyn warnit to tliis 

daye, according to the deliverance of the ministerie in the act 
XXV Aug'tisti. Thomas Marty n, in name of Mr. Thomas 
Meffen, proponis and allegis that Maister Thomas wes in- 
formed howe in the last session and diet of this ministerie it 
wes di visit that he suld be impresonit, and at Master Thomas 
had byddyn hym saye : That ane gret part of thame that ar 
upone the sayt war his inimeis, thai had send ane wrang 
testimoniall aganis hym to Dunde ; he had also gret knawlege 
and understanding, bayth in the civil law and in the Scriptur 
and law of God, as thai or ony qf thani had, he wald except nane 
bot the Superintendent and minister ; he wald nocht be jugit 
wyth tham, nor have ony thing to do wyth tham that war sic 
inimeis to hym ; and also denyis hym to be ane of this congrega- 
cione. The Superintendent and ministerie ordenis Mr. Thomas 
to be chergit be tlie diaconis to compeyr Wednisday nixt to 
cum, to justifye his sayingis sareportit in his name. 

Die quinto Januarii^ anno quo supra, 

Meffen. The quiiilk daye, Mr. Thomas Meffen warnit at command 

of the Superintendent to compeyr in this session, and he 
comperand, the [ansuer] ^ proponit be Thomas Martyn in 
his name ^ red to liym, and requirit gyf he wald affirme the 
same, and also requiret to geve confession of his fayth. Na 
direct ansuer had of hym and the tym past, the Superinten- 
dent be his awyn mowth verho summondis hym to compeyr 
befoyr hym and the ministerie, Widnisdaye nixt to cum, to 
geve confession of his fayth, and also to ansuer be his ayth 
upon the verite of the [ansuer] ^ proponit in his name, be 
umquhill Thomas Martyn upon the xxvij of August last by- 
past, under payn of proceding aganis hym be excommunica- 
cione ; and Mr. Thomas protestis that he admittis nocht the 
jugis to be juge to hym. 

^ Perhaps omitted. 

* The words * his name ' are written as catchwords at the bottom of the page, 
but the next page begins * in his name. 



ST. ANDREWS KIRK SESSION. 137 

Die septimo mensis Januarii^ anno Domini 1561. 

Tlie quhilk daye, as in term assignit to Mr. Thomas Meffen Decretum 
to compeyr and gyf confessione of his fayth, and to ansuer be ^^*'''^ ^^efen, 
his ayth upon the verite of that proponit in his name be 
umquhill Thomas Martyn, &c., according to the desyr of act 
Monenday last wes, comperis Mr. Thomas, under prptestacion 
of nocht admitting ony present his jugis, and fyrst of all pro- 
ducis the copy of ane testimoniall send to Dunde fra this 
ministerie, of the quhilk the tenor followis : We testifye be 
thir presentis that Mr. Thomas Meffen hes bejni chargit divers 
tymmis to recant and adjone hymself to Cristis congregacione, 
also weyll oppynlie in the essemble be Adame Heriot minister, 
as particularlie be commissaris tharto deput be tlie Lordis of 
Congregacione ; and as yit hes nocht obeyit in recanting and 
adjonyng hym to the congregacione ; and for the same caws 
hes beyn repellit in jugiment be the magistratis: in the year 
of Grod 1560, &c. — Bye the quhilk testimoniall, the said 
Mr. Thomas allegis hym injurit be the subscrivaris tharof, 
in presens of the personnis subscrivaris : quhai for thar partis 
confessis the gevyn of the sam at the desyr and request of 
thar faythfuU brethem in Dunde, in wrjt send to tham to the 
sam effect; and desyris the Superintendent, Rector, minister 
and rest of the ministerie to consydder and trye the sam ; 
and to cal to remembrance quhat thai knaw and hes hard 
toward the requisicion of Mr. Thomas publicle and particu- 
larle ; and offerris tham to prev the repelling of Mr. Thomas 
be the magistratis becaws he wes nocht adjonit to the con- 
gregacion, in presens of Mr. Thomas, quhai planlie denyis 
hym to be ane member of the congregacion or to be adjonit 
tharto. Quhilk confession the Superintendent acceptis, and 
protestis tharfor that Master Thomas, be frequenting and 
dayle residence mackeyn in this cite contrary to the pro- 
clamacion mayd aganis kyrkmen, incur the panis theretnet in 
the sayd proclamacion.^ And in respect of his ansueris foyr- 

^ Knox says that it was an old custom of the provost, bailies, and council of 
Edinburgh, after their election at Michaelmas, to proclaim the statutes and ordi- 
nances of the town ; and therefore in 1561 the provost and magistrates ' caused 
proclame, according to the formar statutes of the town, that no adulterar, [no 



188 REGISTER OF 

saydis, wyth mony otheris recentle spokyn in thar audience of 
gret contempsion, the Superintendent and ministerie ordenis 
supplicacion [to be]^ direct to the magistratis of this citie, 
ether to caws hym obeye the ordor of the kyrk and subject 
hym to disciplynn, or ellis to exclud liym this citie, that na 
perturbacion of the unite and ordor be brokyn by hym. And 
as to the desyr of the subscrivaris of the testimonial be hym 
producit, anent the tryall tharof, in respect that it is oppynlie 
knawyn to the Superintendent and maist part of the rest of 
the ministerie, the sam concemyng the public requisicion be 
the minister and particularle the Superintendent and Rector 
as conmiissaris deput be the lordis to^ the sayd Mr, Thomas to 
recant and adjon, and disobeying of the sam be Iiym; and 
also in respect that Ihon Moffat, present, magistrat of this cite 
for the tym, confessis and affirmis that he repellit Mr. Thomas 
and his caus for the tym in jugment as ane that wes nocht 
adjonit ; the Superintendent, minister. Rector, and rest of the 
hoi ministerie nocht participant in subscriving of the sayd testi- 
moniall,' decemis the same treule and laufulle gevyn, and 
na injury don in gevyn tharof. 

Die xxvij mensis Augtisti^ anno 1561. 

[The icynd The quhilk daye, the teynd schayffis — assignit be the Super- 

prebcndreis of intendent to be coUeckit and resavit be the diaconis of Sanct- 
S^H^ch.r^^ androis, of the prebendreis of the Ladye Kyrk of Hewch, for 

inobedience of Mr. Thomas MefFen, prebendar of Kyngask and 
Kynglesse, Mr. James Henrison, prebender of Kynkyl, as in the 
act xxv^" Apr His anno quo supra * — ar set for this instant crop, 

fornicatour,] no noted drunkard, no mess-mongare, no obstinate Papistis that cor- 
rupted the people, such as preastis, freiHs, and others of that sorte, should be 
found within the toun within fourty-aught houris thairaftcr, under the paines 
conteaned in the statutes.' Keith charges both Knox and Buchanan with giving 
* a very untrue account ' of this affair, but Laing has shown that Keith is in 
error (Laing*s Anox, ii. 289, 290 ; Keith's History^ Spot. Soc. ii. 89-94). The 
statement in the text seems to imply that a somewhat similar proclamation had 
been made in St. Andrews, so far as concerned ' kyrkmen ' at least ; and that 
Wynram wished to act on it, after the Queen had resented it in Exlinburgh. 

* Omitted. a cyin MS. 

' TestioaUm. MS., the scribe having omitted the mark of contraction. 

* See pp. 76, 77. 



ST. ANDREWS KIRK SESSION. 139 

be avyis of the Superintendent and ministerie, as efter foUowis, 
al havand interes beand summond to compeyr for thar interes 
this daye and nan compirand. 

Item^ in the fyrst set to Thomas Monepenny, of Kynkell,^ AssedaHo 
the teynd schaiffis of the hayll landis of Kynkell, wyth the ^'P^"^* 
pertinentis tharto contiguo[s] adjacent, for this year and crop 
of Ixj year, for payment of fourty marchas, according to the 
assedacione alleged mayd to hym of befojrr be Mr. James 
Henrison prebendar, quhilk xl marchas Thomas oblesis hym 
and is becumin actitat to paye to the ministerie, and thar 
collector to be deput tharto, at Candylmes nixt to cum. 

Item^ set to the sayd Thomas Moneypenny the teynd Asstdacio 
schaiffis of his landis of Kyngask wyth the pertinentis, for this 
instant year and crop of Ixj, for the quhilk he oblesis hym 
and is becumin actitat to paye sexteyn li^., at Candylmes nixt 
to cum, to the collector deput of the ministerie, securite to be 
mayd to Thomas of warrandice and releif of sa mekyll as he 
payis at resayt tliarof. 

The quhilk daye, Mr. Wiliam Cok, as lauborar and taxman Assedado Co\ 
of tlie landis of Kynglasse, is becumin actitat to pay to the 
collector of the ministerie of Sanctandrois, for the teynd 
schaiflis of Kyngleisse and this crop of Ixj year, awcht marchas 
at Candilmes nixt to cum, provydit that securite of warrandice 
be mayd to hym be the resavar of his resayt. 



Die ultimo inensis DeccmbriSy anno Domini 1561. 

The quhilk daye, comperis Gelis Scrymgeor and producis Scrymgeor 
ane summondis of the Superintendent deulie execut and ^^ ^^ "° 
indorsiit, tliarin summond Archibald Dundas, in Pote, hyr 
husband, to heyr and se hym provyne ane adulterar in gevyn 

^ In 1434-5 Walter Moneypenny of Kinkell leased the adjoining farm of 
Easter Balrymonth, * the tend inclusit/ from the prior and convent of St. 
Andrews for nine years {Liber Cartarum Prioratus Saticti Andree^ pp. 423, 424). 
In 1565 the King and Queen granted to Alexander, son and heir-apparent of 
Thomas Moneypenny of Kinkell, the lands of Cameron, which Thomas resigned 
{Re^pster of Great Seal^ iv. No. 1666). According to Sibbald, Kinkell, which is 
in the parish of St. Andrews, derived its name * from the chapel of St. Anna, 
built here by Kellach, Bishop of St. Andrews, about anno 875 * {History of Fife 
ami Kinross f 1803, p. 348). 



140 



REGISTER OF 



his bode in adulterie to Anne Duncane and Catren Cragdenny, 
and therfor to heyr and se hyr be decernit seperated and 
divorcit fra hym, wyth liberte to hyr to mare in the Lord, 
and he to underly disciplyn for his transgression. The said 
Archebald comperand, the summondis red in his presens, he 
confessis the adulterie foyrsaid, [and] ^ submittis hym to the 
ordinance and disciplin of the kyrk. The Superintendent 
assignis Wednisday to bayth the parteis to compeir and heir 
pronuncit in the caws. 



Semtencia 
tUvorni initr 
Scrymgtor tt 
DwuUu, 



Die septimo Tnensh Jamtariiy anno Domini quo supra. 

The quhilk daye, in the accione and caws of divorce 
intentat be Gelis Scrimgeor aganis Archebald Dundas, hyr 
husband, for the fylthy crym of adultery committed be hym 
wyth Anne Duncan and Catren Cragdenny, as desyr of this 
term set to pronunce, the Superintendent, avysit wyth libellat 
summondis of Gelis [and]^ ansuer of Arcliebald, fyndis the 
adulterie confessit be Archebald ; and heirfor pronuncis, and, 
wyth the avys and consall of the ministerie, decernis the said 
Archebald ane adulterar ; and tharfor accordyng to the law of 
God the sayd Gelis Scryngeour seperated and divorciat fra hym, 
wyth liberte to hyr in the Lord to mare ony other man, 
according to the law of God ; and the said Archebald be 
supplicacion to be committed in the handis of his magistrat 
quhom to he is subject, vidz., the bailie of Abyrnethe. And 
Peter Dundas is becumin caucion for Archebald liis father, 
that he sail compeir befoyr the said bailie and underly civil 
correccione for the foyrsaidis crimis, according to ordor 
resavit. 



Processus Kay 

\contra 

Duncan.] 



Die xxj Januarii^ anno quo supra. 

The quhilk day, Janat Kay, induellar in Sanctandrois, in 
presens of Ihon Duncan hyr mareit husband and Bege Mychell, 
allegis that the saydis Ihon and Bege lies committit the fylthy 
crym of adulterie, in jonyng of thar bodeis be carnal copulacion 
and procreacion of ane bam ; and tharfor desyris hyr to be 



Omitted. 



ST. ANDREWS KIRK SESSION. 141 

divorciat and seperated fra the said Jhon, and set at liberte 
according to the law of God. Quhilk adulter! being manefest, 
the woman wyth child, and be tham both confessit, the Super- 
intendent and ministerie committis the saidis Ihon Duncan 
and Bege Mychell in the handis of the bailies present, to be 
civile correckit and punist, according to the ordour resavit in 
this cite ; and statutis to the parteis Wednisday nixt to cum, 
to compejrr and heyr pronuncit, or reconsyl in the myd tym. 

Die xxviij Januarii anno Domini 1561. 

The quhilk daye, in the accione and caws of divorce Sentenda 
intentat be Janat Kaye aganis Johan Duncan for fylthy ^^/ll ** ^ 
adulterie be hym committit wyth Bege Mychell, as desyr of ^^^can. 
this term set to pronunce in the sayd caws, the ministerie, 
seing na persuasion can mak reconsiliacion and fyndyng the 
crym notor and confessit, pronuncis and decemis Johan Duncan 
ane adulterar, and Janat Kay divorcit, seperated fra hym, and 
at liberte to mare in the Lord, according to the law of God. 
Pronuncit in presens of parteis. 

Die xocj mensis Januarii^ anno quo supra. 

The quhilk daye, Johane Zong cordinar delated as suspect Inhibicion of 
of adultery wyth Janat Thomson spows of Wiliam Gylcrist, Thomsonf ^^ 
and accused tharof, he denyis and offerris hym to purge hym 
of the sam be his ayth ; and, becaws na perfyt probacion can 
be had, his ayth takyn, and examinat be his deposicion, he 
purgis hym of all camall dayl wyth Janat at ony tym. And 
for evadyng of mayr sclander in tym cuming, and that na 
occasion of suspicion be gevyn to hyr husband, John Zong is 
diffendit and inhibit and perpetuale dischergit to cum in the 
hows of Wyliam Gylcrist, or in ony other suspect place wyth 
the sayd Janat, under payn of excommunicacione and com- 
mitting of hym in the handis of the temporall magistratis to 
[be] ^ punist as an adulterar : to the quhilk the sayd Ihon 
assentit. 



Omitted. 



142 REGISTER OF 

D^ie ocj Februarii anno Domini quo supra. 

Omtraetus The quhilk daye, Robert Anderson and Effe Syme, servandis 

^ti%m^^^^ to Johan Bisset in the Grange besyd Sanctandrois, being 
delatit and accused for fornicacion committit betuix thame, 
manifestit be procreacione of ane barne betuix thaim, and be 
thame both confessed, thai ar aggreit to contenew in service 
for certan yeans, and, as God sail send to tham prosperows 
succes in the myd tym, to solemnizat mariaige. And Robert 
confessis hym dettor of the law of God to marye and tak to 
hys wyff the sayd Effe, becaws he hes deflored hyr virginite ; 
and oblesis hym sa to do in deid, provydit that gyf sche gevis 
hyr bodye to ony other in the myd tym Robert to be fre. 
And bayth the^ saidis personis to concur, upon thar equall 
expensis, to the fostering of thar barne in the myd tym foyrsaid. 
And also thai ar decernit to mak public satisfaccion this nixt 
Sundaye in the essemble. 

Die xj Febntarii^ anno Domini 1561. 

4ccusaciaBawse The quhilk daye, Wyliam Bowsie in Crayll delated to the 
Superintendent for adultery committed be hym wyth Besse 
Lumisden, and disobeying of the ministerie of Crayll quhen he 
wes chergit to comper befoyr thaim and underly disciplyn thar- 
for; and now summond be the Superintendentis letteres to 
compeyr and ansuer tharupon, befoyr liym and the ministerie 
of Sanctandrois; and comperand, the delacion red in his presens 
and he tharof accused, lie requestis for ane schort delaye to 
ansuer. And at his desyr, Setterday is assignit to hym to com- 
peyr befoyr nuyn in the Superintendentis chalmer, befoyr the 
Superintendent and minister, thar to confes, or resave ane term 
assignit to hym to compeyr and heyr and se proceid aganis hym. 

Die quurto Marcii anno quo mipra. 

TterOumcontra The quhilk daye, anent the caws of delacion gevjm in be 
the ministerie of Crayll aganis Wyliam Bowsie, tweching the 
adulterie committed be the said Wilzam wyth Besse Lumisden 
and his inobedience don to the said ministere, and delaye gevyn 
to hym to ansuer to the accusacion tharof layd agans hym, as 



ST. ANDREWS KIRK SESSION. 143 

in the act xj Februarii last bypast, the Superintendent and 
minister in trying of his caws foyrsayd wyth hym, thai have 
resavit plane confession of the sam be his awyn mowth, and 
therfor it is decemit be the Superintendent, wyth the avyis of 
the hoU ministerie, that the sayd Wylliam Bowse be committit 
be supplicacion to the minister, eldaris and bailies of Crayll, to 
be civile corrected and punisched as ane adulterar be the saydis 
bailies, according to the law of God, or at the lest according to 
the ordor resavit and usid wythin this realm in reformit bur- 
rowis ; wyth certificacion to the saidis bailies, gyf thai neclect 
thar execucion, it salbe complanit of thar parcialite,^ and slewth 
to the suprem authorite. Eocpedita est supplicacio. 

Die army mensis Marcii anno quo supra. 

The quhilk daye, compiris Thomas Swyntoun and producis Processus inUr 
ane libellat summondis, tharin summond Margret Robertson to RobtHMn. ^ 
heyr and se hyr decernit to procead to solemnizacion of mariaige 
wyth the sayd Thomas, becaws of promys mayd betuix tham in 
presens of the reader of Forgondyne and famos^ wytnes, and 
bannis proclamit betuix tham be the sayd reader at both thar 
commandis, na impediment schawyn nor knawyn to stop, as at 
mayr lenth is contenit in the said summondis, red in presens of 
Margret, comperand be virteu of the sayd summondis, and be 
hyr denyed as is libellat. The Superintendent statutis to the 
said Thomas Wednisdaye nixt to cum, to preve the punctis of 
his summondis. Parteis heyrto wamit apud acta. 

Die xocv*^ mensis Marcii^ anno Domini 1562. 

The quhilk daye, as in term assignit to Thomas Swyntoun Swyntoun, 
to preve the punctis of his summondis denyied be Margret 
Robertson, comperis Thomas and producis ane summondis 
execut and indorsat upon Alexander Irland, Archebald Duncan, 
Wyliam RoUok and Paul Quhit. Thai called and nocht com- 
perand ar notit contumacies. The Superintendent decemis ane 
other summondis upon the saydis wytnes and parte defender, 



* See p. 107, n. 2; p. Ill, n. ' Famorin MS. 



144 



REGISTER OF 



and assignis Wednisday iiixt to cum to do deligence be exe^ 
cucion of the sayd summondis. 



Prodticcio 
iesiium per 
Sreyntoun, 



Die primo menMs Aprilis^ anno Domini quo supra. 

The quhilk daye, as in term assignit to Thomas Swyntoun 
to do deligence for his wytnes, specifyed m the act Wednisday 
last wes, in the caws moved be hym aganis Margret Robertson, 
comperis Tliomas and for desyr of term producis the smnmondis 
execut upon Wyliam Rollok, Archibald Duncan, comperand, 
qubilkis ar sworn and to examinacion admittit in presens of 
Margret. And Alexander Irland summond and knawyn seik, 
and for expidicion of tlie caws examinat be Mr. Ihon Row 
minister of Perth,^ liis deposicion is producit in presens of 
Margret and admittit. And Thomas renuncis all farther pro- 
bacion of wytnes, and producis ane testimonially of the reader of 
Forgondyne of proclamacion of bannis betuix hym and Margret. 
The Superintendent statutis Wednisdaye nixt to cum to pro- 
nunce. Parteis heirto summond apnd- a€ta. 



Decretum 
Swynton. 



Die vigefnmo mcnsis Maiiy anno quo supra. 

The quhilk daye, comperis Thomas Swyntoun and producis 
ane summondis of the Superintendentis deulic execut and indor- 
sat, tharin summond Margret Robertson to this daye, to 
compeyr and use hyr defensis, gyf sche ony had, to stop the 
solemnizacion of mariaige betuix tlie sayd Thomas and hyr; 

^ The leading events of Row's life are widely known. Born at Row, near 
Stirling, about 1526, and educated at St. Leonard's College, he became agent 
for the Scotch clergy at Rome, and was appointed Papal nuncio to repress the 
Reformation in his native country, but, having been converted, proved a * corbie 
messenger.' After preaching for some time at Kennoway, he was appointed to 
Perth, where he was the first to teach Hebrew in Scotland. By his learning, 
moderation, and ability, he rendered valuable services to the Church. At first 
he opposed Andrew Melville's views on Episcopacy, but, forced * by strength of 
reasone and light holden out from Scripture,' confessed his error, and afterwards 
•preached doun Prelacie all his dayes.' He died on the i6tli of October 1580. 
Five of his sons were ministers, and one of them wrote the History of the Kirk of 
Scotland y which has been printed both for the Maitland Club and the Wodrow 
Society (Scott's Lives of the Reformers^ 18 17, pp. 156-197; M*Crie's Knox^ 
note PP ; Row's History^ Wod. Soc, pp. 415, 447-457). 

' Testioallm MS., the mark of contraction being omitted. 



ST. ANDREWS KIRK SESSION. 145 

wyth certificacion gyf sche comperit nocht or comperit and used 
na lawful defensis, the Superintendent wald procead and pro- 
nunce in the principall caws. Sche called and nocht comperand, 
the Superintendent and ministerie, avysit wyth the summondis 
and punctis tharof, ansuer of Margret, probacionis of Thomas, 
and al deducit and producit in the sayd caus, findis the promys 
of mariaig betuix the saidis Thomas Swyntoun and Margret 
Robertson lawfulle mayd and sa provyn, thar bannis proclamit 
and na impediment mayd nor schawyn; and tharfor decemis 
the saydis Thomas and Marion ^ to be oblest be lawfiill promys 
to mare, and tharfor to procead to the solemnizacion tharof, 
and to end and perfit the sam wythin ^j:^:'' dayes nixt heirefter, 
under pane of excommunicacion to, be execut upon the party 
contravenand. 



Die tercio Juniiy anno Domini quo supra. 

The quhilk daye, the Superintendent, in takyng cognicione Decretum inter 
anent the clame of mariaig proponit in his visitacion be Mar- Brown7t 
gret Steynson wyth Andro Brown parrochinaris in Largo, the ^^^^/^^^ 
parteis foyrsaidis summond to thi^ daye and comperand, it is Largo. 
fiindyn [be hym],* be confession of parteis, that Margret haldyn 
for ane virgyn undeflored resident in hyr fatheris hows, [Thorna^ 
^-deleted] Andro com thar and persewit and tjdstit hyr to 
grant and consent to his lust; and his persut and t3nistyng sche 
refused otherwayis to consent, except he wald male hyr ane 
honest woman ; and at [Thomas — deleted] Andro ansuerit 
tharto saying. Is nocht my fatheris sone gud anewch for your 
fatheris dochter ? and in that instant and pronunciacion of thir 
wordis thai jonyt thar handis togethjrr, and consequentle thar 
bodeis. And [Thomas — deleted] Andro, demandit, knawis nor 
allegis na thing contrar bot Margret wes ane virgyn at thar 
fyrst melling togethyr, never suspect nor knawyn to have man 
befoyr hym. The Superintendent, wyth the avys of the minis- 
terie, decemis the said Andro to solemnizat manage wyth 
Margret, wythin xl dayes nixt heirefter, according to the law 
of God and hyr clame, under pane of excommunicacione. And 



Sic, « Omitted. 



146 



REGISTER OF 



as concemyng the allegacion and confession maid be Andro, of 
camall dayll had be hym wyth Margret Alan, fyndis the sam 
ane manifest transgression of the law of God ; and heirfor com- 
mittis hym to be civile punist, be gentyllmen and eldaris of the 
parrochyn of Largo. IVonuncit in presens of parteis. 



Contractus 
matrimonii 
inter Car et 
Sanderis in 



The quhilk daye, Alexander Car,^ sumtym called Schjrr 
Alexander Car, and M add[e] Sanderis, aid fomicatoris, huyr- 

^aimerinaucht "^^^g*"^ rather, delated to the Superintendent, summond, 

comperand and accused, confessis thar gyltines, ar desjmis and 
contentit to contract and solemnizat mariaige, for avoyding of 
sclander, mutuall societie and help of ather toward other, and 
weyll of thar bamis procreat betuix tham. In respect of the 
quhilk, the Superintendent ordenis tham to compeyr in the 
essemble of Balmerinaucht parroche kjrrk, this nixt Sunday the 
xiiij of Junii instant, and thar confes thar aid lang transgression 
and ofFencis, ask God mercy and the congregacion forgyfhes, 
and to solemnizat thar mariaige wythin xl dayes nixt heirefter, 
under pan of excommunicacion. 



Dtcretum 
Lindesay et 
Schewes in 
Byirhillis, 



Die xij mensis Auffitsti anno Domini 1562. 

The quhilk daye, anent the desyr proponit be Thomas 
Lindesay and Cristen Schewes, in Byirhillis, of baptysing of 
thar bame, and offence laid to thar cherge in abusing the ordor 
of the kyrk, to wyt, that efler thai had desyrit thar bannis to 
have beyn proclamit in this kyrk being membris tharof, and the 
sam refusit to tham becaus the sayd Cristen wes knawyn to 
have beyn mareit with ane [blank] Lyell, quhais deces wes 
nocht certan nor knawyn, and albeid sche allegit hyr divorcet 
fra hym be ordor * used in the kyrk Papisticall and for lawftill 
caws, the sammyn standing undiscussed thai past both to Edin- 
burgh, fenyeit tham to be duellaris thar, and be sinister infor- 
macion procurit thar bannis to be proclamit and thar manage 
solemnizat thair ; the saydis pcrsonis, comperand for satisfaccion 
of the sayd dowt of divorciment, exhibitis ane proces of divorce 

^ Sir Alexander Car, notary, witnesses an obligation at the * Abbay of Bal- 
morynach ' in 1555 {Liber Sancte Marie de Balmorinach^ Abbot. Club, p. 68). 
* Ordo in MS. 



ST. ANDREWS KIRK SESSION. 147 

led befo3rr Mr. Wyliam Cranstoun, sumtym Officiall of Sanct 
Androis, at the instance of Cristein aganis the sayd [ftfanA;] 
Lyell ; quhilk seyn and considerit, it is fundyn the said proces 
ordorlie led accordyng to law and practyk of Papistri[e] and ane 
laufull caus of impotencie ex forte viri confessed and provyn, 
and the sentence subscrivit be the sayd officiall. In respect of 
the quhilk, thai ar decemit for brekyn of ordor to compejrr, 
upon this nixt Sundaye, in the public essemble of the congre- 
gacion, and duiyng the tym of pniyeris and prechyn syt upon 
the penitent stuyll; and tharefter schaw public signis of 
repentance in confessing of thar faltis, aske God mercy and the 
congregacion forgyfiies one thar kneis ; and at eftemu3m present 
thar bame to be baptised. 

Die primo mensis Juliiy anno Domini 1562. 

The quhilk daye, the ministerye. at desyr of Eufame Colt, Decretum 
decemis ane edict in dew forme to be direct to the minister or ° ' 
reader of Sanct Androis, to summond all havand or pretending 
interes to compeir befoyr tham, upon Wednisday nixt to cum, 
in thar session ; to heyr and se the said Eufame provyn and 
decemit laufull begottyn in the band of matrimony, betuix 
umquhill Jhone Colt and Cristan Kyrk his lawfiill spows, thar 
matrimonye standyng undesolvit betuix thame, quhill the daye 
of deces of the said umquhill Jhon ; and testimoniales tharupon 
to be gevyn for clearyng of all dowtis tharof in tym cuming. 

Die viij mensis Julii^ anno quo supra. 

The quhilk daye, comperis Eufame Colt and producis ane Dtcretum 
edict, under the sayll of the ministerie, laufiille execut and deuly iestimonialium 
indorsat, tharin summond all and syndry havand or pretending ^^^*' 
to have interes, to heyr and se the said Eufam provyn and 
decemit laufull begott3m in the band of matrimony, betuix 
umquhill Ihon Colt and Cristen K3rrk his lawfull spows, thar 
matrimonye standing undesolvit betuix thame quhill the day 
of deces of the said umquhill Jhon, and testimoniales tharupon 
to be gevyn, &c. Efler produccion of the quhilk, all havand or 
pretending to have interes being callit and nane comperand« 



148 



REGISTER OF 



Eufam in pane of ^ thar contumacite producis certane famos 
and unsuspect wytnes ; quhilkis being resavit, sworn, admittit, 
and instantle examinat, and the intent of Eufame relevantle 
and sufficientlye provyn, the ministrie decemis thar testimonial!^ 
tharupon in forme under thar sayll. 



PeHcio Bage 
contra Jak. 



Die quinto Augusti^ anno Domini 156S. 

The quhilk daye, Peter Jak summond be the Superintendentis 
letteres at the instance of Besse Budge and comperand, sche 
apud acta clamis mariaige of Peter be ressone of promys maid 
betuix tham twa privatum, and ako be ressone Peter deflored 
hyr virginite. The promys denyed be Peter and referred to 
his ayth ; and he, swome and examinat, purgis hym. And as 
concemyng the defloryng of hyr virginite, he gaynsayis nocht 
that, nor allegis defence lawful to absolve hym fra that part of 
hyr clame. And being understand to the Superintendent that 
the mother of Besse Budge is levand, he ordenis hyr to consult 
wyth hyr mother in this mater betuixt this and Wedinsday 
nixt to cum, quhilk daye he statutis to pronunce in this caws 
in presens of parteis heirto summond apud acta. 



Budge contra 
Jak. 



Die ocij mensis Auffustiy anno Domini 156S. 

The quhilk daye, as in term assignit be the Superintendent 
to pronunce in the clame of mariaig betuix Besse Budge and 
Peter Jak, Peter called and nocht comperand, the Superinten- 
dent decernis ane summondis' to Besse to summond Peter to 
compeir this day xv dayes to heir pronuncit. 



Die xvj Septembris anno quo supra. 

inAtHciojak. The quhilk daye, Peter Jak summond be the Superinten- 
dentis letteres, at the instance of Besse Budge, to heir pronuncit 
in the clame of mariaige persewit be hyr, he comperand, the 
caws is contenowit to Wednisdaye nixt to cum in presens of 
parteis heirto summond. The Superintendent inhibitis and 
chergis the said Peter that he procead nocht in solemnizacion 



* Or in MS. 



* Testioall in MS. 



* Summodis in MS. 



ST. ANDREWS KIRK SESSION. 149 

of mariaige wy th ony other parte oneto the finall end of this 
caws; wyth intimacion gyf he do in the contrar, he salbe 
haldyn and reput for ane manifest contempnar of the kyrk, and 
tharfor be punisched according to disciplyn, wyth invocacion of 
the support ^ of the temporall magistrat for his punischment. 

Die xaf merms Januarii^ anno Domini quo supra. 

The quhilk daye, Peter Jak being summond be the Superin- Inhibicoon 
tendentis letteres, at the instance of [Peter Jak — deleted] Besse ® ^ ' 
Budge, to heir procead in the caus of manage persewit be Besse 
and depending betuix tham, according to the desyr of the last 
act : the said Peter comperand, he allegis and confessis hymself 
to have solemnizat mariaige sen the last act wyth ane other 
woman. Quharfor, the Superintendent ' understanding the said 
pretendit mariaig to be unlawfully and don in prejudice of the 
said Besse Budge persewar, in als contrary to his inhibicion, 
chergis the said Peter that he absteyn fra all cumpany and 
cohabitacion wyth the woman quhilk he allegis hym to have 
mareit, quhill farther tryall be had in the mater and avys of 
the Lordis of the Prevy Consayll be socht and had, under 
payn of excommunicacion ; wyth certificacion gyf he obey 
nocht, his contempsion salbe declared to the Quenis Maiesty 
and hyr Consayll be ane complaynt. 

Die secundo Septembris^ anno quo supra. 

The quhilk daye, Andro Olephant and Issobell Mortoun Olcphant, 
delated and accused for kepyn cumpany in bed and burd "^°"°"°- 
unmareit, to the offence of God and sclander of the congrega- 
cione. The saidis Andro confessis thar cumpany kepyn as said 
is, and allegis thai ar contracked and mayd promys of mariag* 
and ar wylling to solemnizat thar mariaige; and thai also 
in presens of the hoU ministerie professis the religion and 
doctrin tawcht in this kyrk and thaimselfis membris of this 
congregacion, and submittis tham to disciplyn. Tlie ministerie 
ordenis tham to compeir Sunday cum awcht dayes in the 



Suppt in MS. ' Suptrindent in MS. • Mariauag in MS. 



150 REGISTTER OF 

essemble, to mak public satis&ccion as use is, and tharefter 
thar bannis to be prodamit, and wythin xxj dayes thai to 
solemnizat thar manage : to the quhilk thae assent. 



Die xjTcj Jugugti^ anno Domini 156S. 

^€murm The quhilk daje, Anne Thomson delAted and accused of 

adultenr, being mareit wyff to Archebald Philp hes gevyn hjrr 
body to Andro Sellar and wyth bame to hym, and hes seperated 
hyrself fra sodetie of h\T said husband be the space of sex 
yeaiis and mayr. Anne confessis hyr wyth bame to Andro 
Sellar, and at sche wes mareit wyth Archebald Fhilp and hes 
beyn fra hym mayr nor sex yearis, and allegis sche wes mareit 
wyth hym aganis hyr wyll. And now comperis Archebald 
Philp, and des^Tis hym to be divorciat and mayd fre fra Anne 
Thomson, becaus of adulterie committed and granted be hyr 
wyth Andro Sellar to quhom sche is wyth bame. The 
Superintendent ordenis Andro Sellar to be called and his part 
to be hard, and contenewis the desyr proponit be Archebald 
Philp aganis Anne quhill ^ new wamyng. 



Die xjf Januarii^ anno Domini mfxflxij, 

rrttmm The quhilk daye, the caus of divorce proponit be Archebald 

fiMvtt Fkiip, pj^jip i^ganis Anne Thomson his spows, for adultery committit 
be hjT wj'th Andro Sellar, being suscitat at desyr of Archebald 
in presens of Anne, accordyng to the desyr of the last act : the 
Sujwrintendent, avysed wyth the peticion of Archebald and 
confession of Anne Thomson and Andro Sellar, fyndis tlie sayd 
Archeliald and Anne to have beyn mareit and that Anne hes 
committit adulterie; and heyrfor decerais hyr ane aSultrix, 
and the sayd Archebald to be seperated and divorciat fra hyr, 
and liberte to Archebald to mary ony other lawfiill wyf 
acconling to the law of God ; and committis the sayd Anne be 
supplicacion to the magistratis of this cite, to be punest 
accord}'ng to ordor resavit and used in the same. 



QnAiik in MS. 



ST. ANDREWS KIRK SESSION. 151 



Processus divorcii inter Joannem Gyb in Strathor et 
Margretam Hillok. 

Upone the xxij daye of Aprill, the year of God m^v^'lxij P^fino Hyllok 
yearis, the quhilk daye, Jhone Gyb in Wester Strathor con- 
venit befoyr the Superintendent and ministery of Sanctandrois, 
at the instance of Margret Hillok his spows. Margret pro- 
ponis ane accion of divorce aganis hym, and allegis that sche 
hes beyn his mareit wyf and accumpaneid wyth hyme in burd 
and bed be the space of twa yearis last bypast, and maist part 
tharof obeyand hym as becam hyr of dewety to obey hyr 
husband. [She claimed divorce on the ground that he was 
* impotent of natur ' ; and John, * efter divers and mony vayn 
assonyeis,^ at lenth confessis the same."*] The Superintendent, 
wyth avys of the ministerie, avysed wyth the allegacion of the 
parte persewar and confession of Ihon, fearyng desayt to be in 
the mater, ordenis the saidis Ihon and Margret to coheir 
and keip cumpany together, and every ane to trayt other, as 
becummis man and wyif jonit in matrimony, for the space of 
thre quarteris of ane year at the lest, wyth certificacione to 
tham that [quhaP falyeis heirin sail underly disciplyn of the 
kyrk wyth rigor. [On the 10th of March 1562, Jhon Gyb Hyllok f^«/rtf 
again compeared, having been * summond be the Superinten- 
dentis letteres, at the instance of Margret Hillok, to heyr 
proceid in the caws of divorce allegit be hyr."* After hearing 
Joh^s confession and answers concerning * ane called Dauidson, 
quhilk womane sum tym dwelt in Strathor,'' and also regarding 
Margret Hyllok, * the Superintendent wyth avyis of his consayll 
ordenis the saydis Jhon Gyb and Margret to coheir and keip 
mutuall cohabitacione, and ether of tham to treit other in bed 
and burd as becummis lawfull husband and wyf, aye and quhill 
ane of thame allege and prev ane lawfull caws quhy sa suld 
nocht be, under pane of excommunicacion, wyth incalling of 
the temporall power for punischyng of the disobedient : and at 
thar be na farther delay fund in ony of [the]* parties, bot 
wythin xv dayes thai enter and contenew in mutuall cohibita- 
cion.** From the next entry, which is dated 21st April 1563, HyWok conira 

Gyb. 

^ Excuses. * Omitted. 'Omitted. 



168 REGISTER OF 

it appears that there was also * ane other and new charge gevjm 
to tham be the Superintendent to conveyn and keip cumpany 
as mareit man and wyif in the hows of James Wemys in Cardon, 
quhai had promyst reset and treating to tham for certain tym 
appoynted to tham be the Superintendent, be his mowth 
spekyng to tham and nocht obejat.** Both parties had been 
summoned to appear this day, the Slst of April, but John 
failed to compear ; and therefore, * the Superintendent ordenis 
ane summondis to be direct to summond both the saydis parteis 
to this daye xv dayes ; and in the myd tyme ordenis the said 
Margret, at the sycht and consayll of Thomas Scot of Abbotis- 
hall,^ to compeyr in sic hows as he sail appoynt to hyr, and thar 
keip cumpany in bed and burd wyth the said Jhon for the 
space of sex da3ris and nychtis at the lest/ To this Margret 
consents. * And the said Thomas Scot acceptis upon hym the 
cherge to put the premissis in execucione concemyng liis part 
at request of the Superintendent. And in cace ony of the 
parteis be fundyn inobedient to the place and appoyntment of 
the said Thomas, the sam to be excommunicat as ane con- 
tempnar of the kyrk and ordinance tharof, providit that Ihon 
be adverteist and chergit heyrto be the* sayd Thomas Scot, 
y^oV contra quhilk he promittis to do." On the 19th of May 1563, John 
and Margret both compeared 'at the cherge and appoynt- 
ment of the said Thomas : thai exhibit to the Superintendent 
ane myssyve direct to hym fra the sayd Thomas Scot, berand 

* Thomas Scott, of the Balwearie family, was one of the commissioners sent by 
the congregation from Perth to Chatelherault and D'Oysel at Auchterarder, in 
May 1559, 'to heir quhat appointment the Quene wald offer* (Laing's Kitox^ 
i. 341) ; and was one of those who, in the following January, gave such valiant 
and unwearied assistance to Kirkcaldy of Grange against the French {Ibid, vi« 
106). After the establishment of the Reformation he took part in several 
General Assemblies {Booke of the Universall Kirk^ Ban. Club, i. 38, 50, 203, 
271). In September 1565 he is mentioned as ' Baillie of the regalitie of Pettin- 
weme ;* and next March his name occurs in the long list of persons charged to 
appear before the Privy Council as delated of Riccio's slaughter {Register of Privy 
Council^ i. 368, 437). When Knox left Edinburgh for St. Andrews in May 1571, 
he went by way of Abbotshall, and seems to have stayed for some time with 
Scott (Richard Bannatyne's Memoriales^ Ban. Club, pp. 119, 174); who is de- 
scribed as of Petgomo as well as of Abbotshall {Register of Great Seal, iv. Nos. 
2183, 2897). Petgomo had previously belonged to Thomas Scott, the Justice- 
Clerk, whose woful death is recorded by Knox (Laing's /CtwXy i. 69, 70). 

' Thethe'mVL^. 



^'b. 



ST. ANDREWS KIRK SESSION. 153 

in effect that the commission be hym acceppit wes put to 
execucion, refenyng the rest to be reportit be the parteis.^ 
They were both * swome and exarainat in thar conscience and Depondonts 
be thar athis ;'' when, among other things, John declared that ^ ^ ^ ' 

* he of gud mynd and singular favor had toward Margret foyr^ 
sayd wyllinglye jonit wyth hyr in mariaige''; but admitted 

* that gyf he war partit and mayd quit of hyr, he is myndit to 
mare ane other woman.** * Item, he coi^fessis that Margret hes 
desyrit of hym (being in thar beddis) ti be quit and partit fra 
hym, and at he suld consent tharto ; and confessis that he 
mayd hyr ane grant sa to do, and at he wes desyrus to be qwyt 

of hyr.' On the 23d of May 1563, * the Superintendent, in DeposUiones 

proceding of tryall in the caus of potency of Ihon Gyb, resavit 

the athis of Andro Gyb,^ Andro Inglis,* and Donis Dorky,* in 

presens of Jhon Gyb and Margret Hyllok ; na objeccion mayd 

aganis thame be ony of the parteis, thai war examinat,' and their 

depositions duly recorded. On the 23rd of June 1563, * bayth D^retum ab- 

the saidis parteis summond to this daye to heir pronunced in non nmpiiciter. 

the said caws and Margret comperand, the Superintendent, 

avysed wyth the proces and all tharin deduced, fyndis na caus 

of impotencye provyn, and tharfor absolvis Ihon Gyb fra the 

instance of Margret as it is intentat, and thar mariaige to have 

beyn and [to]* be lawfull, and sa to remane and be haldyn aye 

and quhill sum caws be allegit and provyn : and the parteis 

to adheyr to other wythin xl dayes ^ nixt heirefter, except in 

the myd t)rm sum caus be yit allegit and provyn quhy thai 

suld nocht sa do ; quhilk delay of xl dayis is grantit in respect 

of this formar proces, contentis tharof, and at the sam hes 

dependit so lang."*] 

Die septimo Jidii, anno Domini quo supra. 

The quhilk daye, comperis Margret Hyllok and producis H^Uok contra 
ane letter summondis of the Superintendent, deuly execut and capUe. ^^^^ 

^ * Andro Gyb, indwellar in Strathor, sonc and servand to Cristen Dauidson 
wedo.' 

* 'Andro Inglis, mareit man, tenent to the Lard of Balmowto in Strarndeyc' 
^ ' Donis Dorkye, servand woman to Cristen Dauidson wedo in Strathor.' 

* Omitted. 

* And the parteis wythin x I dayes to adheyr to other 7vythin xl dayes in MS. 



164 REGISTER OF 

indorsat, tharin summond Ihon Gyb, at hyr instance, to com- 
peyr befoyr the Superintendent and ministery of Sanctandrois, 
to heyr and se the sayd Margret allege and prev ane sufficient 
caws quhy sche suld nocht adheyr to the sayd Ihon Gyb as to 
hyr lawfull spows ; bot sche to be divorciat seperated and 
dividit fra hym, for adultery committed and be hym confessed 
with Donis Dorke, and liberte to the sayd Margret grantit to 
mare wyth ony other lawfull husband according to the law of 
God ; wyth intimacion that quhidder he compeyr or nocht the 
Superintendent wald proceid in the sayd caws according to the 
law. Ihon Gyb called and nocht comperand, lawfull tymm 
bydd3m, Margret, in pane of nocht comperance of Ihon Gyb, 
allegis that the said Ihon is and hes beyn at all tymmis im- 
potent to hyr, and also hes confessit hymself ane adulterar in 
gevyng of his body to Donis Dorkye, hes cuttit of hymself fra 
hyr, and heyrfor sche awcht and suld be devorciat seperated 
and dividit fra the sayd Ihon ; and askis and desyris the Super- 
intendent sa to decern aganis the sayd Ihon, and liberte to hyr 
to mare wyth ony other lawfull husband according to the law 
of God. And for probacion heirof, and fyrst part of the same, 
Margret repetis the confession of Ihon Gyb specifyed in the 
actis of proces led betuix the sayd Ihon and hyr in this audi- 
torie, the xxij of April anno 156^, and xix of Maii anno 1563 ; 
and for probacion of the adulteri betuix Ihon Gyb and Donis 
Dorke, Margret repetis the confession of Jhon Gyb incertit in 
his deposicion examinat upon his ayth as in the act the xix of 
Maii a7ino 1563, and deposicione of Andro Gyb and Donis 
Dorke examinat in the sayd proces the xxiij of Maii year foyr- 
sayd; and also producis Alexander Gyb and Donis Dorke 
wytnes summond, quhilkis ar resavit sworn and admittit, in 
payn of nocht comperance of Ihon Gyb. The Superintendent 
statutis literatorie to pronunce, and that in respect that this 
accion hes beyn depending befoyr hym be the space of other 
half year and befoyr the act and ordinance of this last Parlia- 
Deposidones ment.^ [Here follows the evidence of ' Alexander Gyb brother 



tesHutn. 



^ ' Forsamekill as the abominabill and filthy vice and cryme of adulterie hes 
bene perniciouslie and wickitlie usit within this Realme in tymes bygane, . . . 
It is statute and ordanit, be the Quenis Majestie and the Estatis in Parliament, 
That all notoure and manifest committaris of adulterie, in ony tyme tecum efter 



ST. ANDREWS KIRK SESSION. 155 

german to Ihon Qyb ' ; and ako the statement that the deposi- 
tion of ' Donis Dorky, servand to Cristen Dauidson, wedo in 
Wester Strathor,** * is conforme to hyr fyrst deposicion gevyn 
the xxiij of Maii last wes/] 

Die xxj mensis Jtdii, anno Domini 1563. 

The quhilk daye, Jhon Gyb and Margret Hyllok summond Hiiiok contra 
be the Superintendentis letteres to this daye to heyr pronuncit ^^^' 
in the caus of divorce proponit be Margret aganis Ihon, for 
adultery committ[it] be hym wyth Donis Dorky, according to 
the desyr set literatorialie the vij daye of Julii instant ; and 
bayth comperand, the allegacionis of Margret contenit in the 
act septimo Julii instantis red in presens of Ihon, and he thar- 
upon deligently exaniinat. [John's deposition is here inserted.] 
The Superintendent contenewis his pronunsacion in this caus 
to the xj day of August nixt to cum, in presens of Ihon Gyb 
and Margret Hyllok heirto summond apud acta. 

Die aj mensis Augusti^ anno Domini 1563. 

Wyth incalling of the name of Crist Jesus, Sone of the sentenda 
eternall God, quhai is the waye the verite and the lyfF, Master ^cyretHyiMt 
Jhone Wynram, Superintendent of Fyff, &c., juge in the caus 
of divorcie movad be Margret Hyllok aganis Jlion Gyb for 
adultery committit be the said Jhone wyth Donis Dorkye, 
transgressand the thrid command of the secund tabyll and law 
of God, quhar it is wryttyn, Thow sal nocht commit adulterye: 
as at mayr lenth is contenit in the summondis and articlis pro- 
duced for the part of the sayd Margret, quharupon we have 
procedit, admitting to bayth the saydis parteis thar just and 
lawfuU defensis according to thar desyris, and being ryplie and 
maturle avysed wytli the articulis of the sayd Margret, ansuer 

the dait heirof [4th of June 1563], salbe punist with all rigour unto the deid, 
alsweill the woman as the man doar and committar of the samin, efter that dew 
monitioun be maid to abstene fra the said manifest and notoure cryme ; and for 
uther adulterie, that the actis and lawis maid thairupone of befoir be put to exe- 
cutioim with all rigour ; and als declaris that this act on na wyse sail prejudge 
ony partie to persew for divorcement for the crymes of adulterie befoir committit 
conforme to the law * {Acts of the Parliaments of Scotland, ii. 539). 



i 



166 REGISTER OF 

and confession of the sayd Ihon mayd tharto, probacionis and 
deposicionis of wytnes, fyndis the intent of the sayd Margret 
sufficientlie varefyed; and havyng God onlye befoyr our ees, 
and the testimonye of his trew and etemall Word, pronuncis, 
decernis, and be this our sentence diffinityve decldris the said 
Ihon Gyb to be ane adulterar, and tharby to have cutted of 
hymself and to be seperated and dividit and divorciat fra hyr ; 
and licience and liberte to the said Margret to mary in the 
Lord wyth ony other lawful! husband according to the law of 
God : committing the said Ihon to the handis and punischi- 
ment of the temporal! power for the crym. Pronunced in 
presens of Margret makand instance, and in pa[ne] of nocht 
comperance of Ihon heirto summond, wythin the parro[che 
kjrrjk ^ and consistory hows of Sanctandrois, upon the xj day 
of August, the year of God m® v® Ixiij yearis ; being present 
Crostofer Gudman, minister, Mr. Ihon Dowglas, Rector of the 
Universite of Sanctandrois, Masteris William Ramsay, James 
Wylke, William Cok, eldaris, &c. 



In the sessione of the Superintendent and ministerie 
of Sanctandrois, haldyn wythin tlie parreis kyrk of 
the said cite, upone Wedinsday the xxiij of Junii the 
year of God 1663. 

Processus The quhilk daye, Jhone Forbes, apperand of Reres,* 

Forbes dtReres, delated for nocht adheryng to Barbara Sandeland is his spows 

be the kyrk of Lucris, and being summond be the Superintend- 
entis letteres to compeir and heir hjTnself decernit to adheir to 
the said Barbara his spows, as becummis the husband to his 

* Blotted. 

* Reres, which is in the parish of Kilconquhar, certainly belonged to the 
E^rls of Fife, and is believed by some to have been the residence of the good 
Macduff (Wood's East Neuk of Fife^ 1887, p. 12). Lord Hailes explains the 
remarkable case concerning the ownership of Reres, by which the peace was 
raptured between Edward and Baliol {Annals of Scotland y 1776, pp. 225-231). 
On the 2 1st of February 1550-1, the Queen granted to John Forbes, son and 
apparent heir of Arthur Forbes, the lands and baronies of Reres and Leuchars 
Forbes, which Arthur had resigned, reserving a free tenement to himself and a 
reasonable third to Margaret Betoun, his spouse, when required {Register of the 
Great Seal, iv. No. 584). 



ST. ANDREWS KIRK SESSION. 167 

wyff, in treatyng hyr accordyng to the law of God and ordinance 
of the Superintendent gevyn to hym of befoyr in this caws, and 
to contenew tharin or ellis to schaw ane ressonabyll caws quhy 
he suld nocht sa do, as at lenth is contenit in the saidis letteres 
deuly execut indorsat and reproduced : comperis Ihone, quhai, 
for his defence and to stop his adherance, proponis and allegis 
adultery committit be the said Barbara wyth Wyliam Huntar 
of BalcarroS,^ manifestit be procreacion of ane child betuix 
thame, borne in the Westhows ^ in the moneeth of [blarJc]^ in 
this instant year of sexty thre ; quhilk adultre the saydis Bar- 
bara and Wyliam hes confessed divers tymmis befoyr famos 
wytnes, quhilk Ihon oflferis hym to prev and desyris hym 
admittit tharto; quhilk being provyn he awcht nocht to be 
compelled to adheir to the said Barbara bot suld be absolved 
tharfra. The Superintendent, understanding the excepcione 
ressonabyll to be admittit to probacione, statutis to Ihone 
Wedinsday nixt to cum to prev his allegacione ; and decemis 
hym letteres to summond his wytnes, and Barbara, to hejrr the 
sainmyn resavit and admittit or to schaw caws to stop the same. 

Die ultimo Junii, anno Domini m^iflxiy. 

The quhilk daye, as in term assignit to Jhon Forbes apper- [Certan wirtnes 
and of Re«8 to preve his allegax^ione and excepcion of adultery ««^°"] 
proponit to stop his adherance to Barbara Sandelandis his 
spows, and to summond Barb[ara] to heyr his probacionis 
resavit and admittit or to schaw caus to stop the same, com- 
peris Ihon and producis ane summondis execut and indorsat 
upone Barbara and certan wytnes according to the desyr foyr- 
sayd. The said Barbara called and nocht comperand, in payn 
of hyr nocht comperance Ihon producis Dauid Ramsaye of 



^ On the 1 2th of November I549i the Queen granted to William Huntar, son 
and heir-apparent of David Huntar, and to Grissil Trail, his wife, the lands of 
Balcarrowis, which the said David Huntar and his wife, Maigaret Wod, had 
resigned, reserving a free tenement for their lifetimes {Register of the Great Seal^ 
iv. No. 392). 

* On the 2 1 St of February 1 550-1, the Queen granted to Arthur Forbes of 
Reres and Margaret Betoun, his spouse, and John Forbes, his son and heir- 
apparent, the lands of Westhous in the barony of Leuchars, which Arthur per- 
sonally resigned {Ibid, No. 585). 



168 REGISTER OF 

Brakmonth, Ihon Vr minister of Lucris, Ihon Gawy, Besse 
Barclay, Eufaim Ferre, Mirabell Pont, Janat Pont, Michell 
Balfowr of Burle, Mr. James Lermonth, Ihon Nesche, NychoU 
Spittell : quhilkis ar swome admittit and instantle examinat. 
And Mr. Robert Hammyltoun, George Lewyngstoun, Robert 
Dauidson, Andro Wod apperand of Largo, Mr. Alexander 
Wod, summond and nocht comperand ar notit contumaceSf and 
literatorie statut to Ihon to do rfeligence for thame. 

Die xiiij*^ mensis Julii anno quo supra. 

[Other wytnes The quhilk daye, as in term statut literatorie to Ihon Forbes 
apperand of Reres to do diligence for Mr. Robert Hammyltoun, 
George Lewyngstoun, Robert Dauidson, Andro Wod apperand 
of Lairgo, and Mr. Alexander Wod, wytn[es], to prev his ex- 
cepcion of adultery proponit to stop his adherance to Barbara 
Sandelandis, comperis Jhon and producis ane summondis of the 
Superintendentis execut and indorsat, tharin summond the 
saydis wytnes and Barbara Sandelandis to heyr and se thaim 
resavit swome and admittit. And he producis Mr. Robert 
Hammyltoun, George Lewyngstoun, and Robert Dauidson, 
quhilkis ar ^ resavet swome and admittit and instantle examinat, 
in pane of nocht comperance of Barbara, and literatorie assignit 
to the sayd Ihon to do farther deligence for Andro Wod and 
Mr. Alexander Wod. 

Die xv^^ Septembris anno Domini quo supra. 

[New wytnes to The quhilk daye, comperis Mr. Wyliam Skeyn, procurator 
be summond.] ^^^ j^^ name of Ihon Forbes apperand of Reres, and mackis 

fayth in animam constituentis, according to the constitucione 
and power grantit to hym, in presens of the Superintendent, 
be the sayd Ihon, that certane new wytnes, necessar to prev the 
excepcione of adultery proponit be the sayd Ihone to stop his 
adherance, ar new cumin to his knawlege ; and heirfor desyris 
ane summondis to summond Gressell Trayll, Janat Ihonstown, 
Catren Layng, Besse Lawson, Robirt Wobstar, wytnes, and 
Barbara Sandelandis to heyr and se thame resavit swome and 

1 As in MS. 



ST. ANDREWS KIRK SESSION. 169 

admittit or to schaw ressonabyll caws quhy sa suld nocht be, 
accord)mg to the common styill and practik of this realm. 
Quhilk desyr being thocht ressonabyll, the Superintendent 
grantis letteres according to the desyr. 

Die penuUimo Septembris anno prescripto. 

The quhilk daye, Gressell Trayll, Janat Ihonstoun, Catren [New wytncs 
Layng, Besse Lawson, and Robert Wobstar, wytnes new cumin ^^''^^^'^^^•^ 
to knawlege of Ihon Forbes of Reres, necessar to prev his ex- 
cepcion of adultery proponit to stop his adherance to Barbara 
Sandelandis, and the sayd Barbara ^ provyn lawfully summond 
to this daye, thai called and nocht comperand ar notit contu- 
maces^ and literatorie statut to the sayd Ihon to [do] ^ deligence 
farther for the saydis wytnes. 

Die anij Octobris anno Domini m^tflanij. 

The quhilk daye, as in term assignit literaiorie^ to Ihon [New wytnes 
Forbes apperand of Reres to do deligence for his wytnes to *^*^°""* 
preve his excepcion of adultery proponit to stop his adherence 
to Barbara Sandelandis, comperis Ihon and producis our 
Souerain Ladeis letteres be deliverance of the Lordis deuly 
execut and indorsat, tharin sumond Gressell Trayll, Janat 
Ihonstoun, Catreyn Layng, Besse Lawson, Robert Wobstar; 
[quhilkis, being] ^ called and comperand, ar resavit sworne ad- 
mittit and examinat, in pane of nocht comperance of Barbara 
Sandelandis heyrto summond ; and Mr. Alexander Wod and 
Andro Wod apperand of Largo, also summond be our Souarane 
Ladis letteres and nocht comperand, ar notit contumaces. 
The letteres redeliverit for probacion tharof, and literatorie 
assignit to the sayd Ihon to do farther deligence for the saydis 
Andro and Mr. Alexander Wod. 

Die primo mensi^ Decembris anno quo supra. 

The quhilk daye, comperis Ihon Forbes apperand of Reres [Andro Wod 
as in term statut to hym literatorie to do deligence for Andro ^*"^*"* •' 
Wod apperand of Largo and Mr. Alexander Wod ; and pro- 

^ Bara in MS. * Omitted. ' Literatoree in MS. 



160 HEGISTER OF 

ducis the sayd Andro Wod, quhai is resavit sworne and 
examinat, in pan of nocht comperance of Barbara Sandelandis 
heyrto summond. And Ihon passis fra Mr. Alexander Wod, 
and is contentit wyth his wj-tnes produced, together wyth ane 
instrument be hym produced, under not of Thomas Malwll 
notar publict, of dayt the secund of Julii cmno <$t:. lacty. The 
Superintendent statutis Wednisdaye nixt to cum to pronunce, 
in presens of Ihon, and decemis his summondis to summond 
Barbara tharto. 



Followis the desposicionis of the wytnes produced be 
Ihon Forbas apperand of Reres to prev the adultery 
of Barbara Sandelandis wyth Wyliam Huntar of 
Balcarros. 

IDcDosicionis* Dauid Ramsaye of Brakmonth, wytnes, summond, called, 
of wytnes.] comperand, sworn and examinat upon the excepcion of adul- 

tery, proponit be Ihon Forbas apperand of Reres to stop his 
adheryng to Barbara Sandelandis his spous, committit be hyr 
wyth Wiliam Huntar of Balcarros, be his ayth and in his con- 
science deponis and affirmis the excepcione trew. Examinat 
upone the caws of his knawlege, he ansueris and deponis that 
at twa syndry tymmis, now laytlie sen Wytsunday last wes, the 
sayd Barbara Sandelandis, in presens of the said Ihon Forbes 
and the deponar, confessit hyr to have oflFendit aganis the said 
Ihon Forbes hyr husband in committyng of the said adulterye, 
and sat down one hyr kneis askit hyr Iiusband forgyfnes, lament- 
yng hyr awyn cace and offence. Examinat upon the generall 
interrogatoris, he purgis hym, except he confessis he haldis his 
landis of Brakmonth of the aid Lard of Reres ^ father to the 
producer. 



* * Arthure Forbes off Reres * was in Parliament in 1560 {Acts of Parliament ^ ii. 
526). In 1552 he was chosen one of the *amicabill compositoris ' on the part 
of Robert Betoun of Creich, to decide the * deidlie feid * between him and Lundy 
of Balgony and Faimy of that Ilk ; and in 1569 he was charged with harbouring 
Robert Betoiin of Westhall, a rebel and fugitive because of 'the cruel and 
abhominabill murthour and slauchter ' of James Ramsay {Register of Privy 
Council, i. 126, 655). 



ST. ANDREWS KIRK SESSION. 161 

2 Jhone Vr,^ minister of Goddis Word in Lucris, wytnes, swome 
and examinat in the said excepcion of adultery, be his ayth 
deponis and in his desposicione affirmis the excepcione trew. 
Examinat upon the caws of his knawlege, he deponis that he, 
accumpaneid wyth the aid Layrd of Reres^ past to Barbara 
Sandelandis, saw the bame quhilk laytle wes borne be hyr, hard 
the sayd Barbara confes that hyr bame [wes] * gott3m betuix 
hyr and Wyliam Huntar of Balcarros. Examinat upon the 
generall interrogatoris, he purgis hym. 

3 Jhone Gawy, domestical! servant to Arthur Forbes of Reres, 
of perfyt aige, swome and examinat upon the foyrsayd excep- 
cion of adultry, deponis in his ayth [and] ^ conscience the same 
to be trew. Causam sciencie reddit, he saw the bem of Bar- 
bara be hyr laytle borne, hard hyr confes the same bam gottyn 
betuix hyr and Wyliam Huntar of Balcanfos]. Thar was ^ 
present wyth hym, Anie Gyll, servand to the sayd Arthur 
Forbes. Examinat upon generall interrogatoris, he purgis hym 
of all parcialite. 

4 Besse Barclaye, spows of James Wemys in Lucris, sworn 
and examinat upon the foyrsayd excepcione of adultery, &c., in 
hyr conscience deponis that, laytly wythin ane moneth of tym 
bypast, sche hard Barbara Sandelandis sayr gretyng confes ane 
man child home be hyr, and lamentyng that Ihon Forbes culd 
never get ane lad wyth hyr ; and knawis [na] ^ mayr of the 
excepcione except common voc and fame beris record of the 
same. Examinat upon the generall interrogatoris of law, sche 
purgis hyr of all parcialite. 

6 Eufame Ferre, spows of Ihon Jnche in Pytlathe, sworn and 
examinat upon the foyrsaid excepcion of adultery, in hyr con- 
science deponis that Barbara Sandelandis was ane lang tym in 
Pytlathe quhar the deponar also dwelt for the tym, in quhilk 
tym the deponar saw Wyliam Huntar resort thar fyrst at 
Lammes. He com and careit Barbara Sandelandis away to 
help to baptis his bame as cumar,* and Barbara remanit absent 

^ John Ur, or Ure, had been a canon of the Augustinian Priory of St. Andrews 
before the Reformation ; and, therefore, according to the arrangement of the 
Leith Convention of 1572, he was a member of the chapter of the revived Arch- 
bishopric of St. Andrews (Calderwood's History, iii. 186). 

^ Omitted. * TTiaiwarm MS. ^ God-mother.' 



162 REGISTER OF 

that tym awcht dayes, and efter that Wyliam Hunter com twys 
or thrys agane to Pytlathe; hot the deponar never suspect 
evyll betuix thame quhill the word rays that Barbara had 
borne ane hame to Wyliam ; quhilk be hyr hard, sche past to 
Barbara and reprevit h3rr in the Westhous, sayand to hyr, Grod 
gyf sche had knawyn sic foly quhen schei saw Wyliam Huntar 
com to hyr to Pytlathe, sche suld have mayd hyr doing knawyn. 
To quhilk Barbara mayd hyr ansuer and sayd, Quhar to reprev 
me of the thing that is done ? I can nocht mend it nor bring 
it agane now that is done. Examinat upon the generall inter- 
rogatoris of law, sche purgis hyr. 

6 Mirabell Pont, relict of Ihon Smyth cottar to the aid Lard 
of Reres, in Westhows, wytnes, sworn and examinat upon the 
excepcion of adultery, &c., in hyr conscience deponis that sche, 
deponar, at command of the aid Lady Reres^ that same nycht 
Baj'bara Sandelandis wes lychtar of her bame in question, com 
to the Westhows and resavit the new borne bame fra the said 
Barbara, and had the barne thre olkis in hyr hows ; and sche 
sperit at Barbara gyf the father wald grant wyth the bam 
(menjmg Wyliam Huntar hot nocht expremit his nam). And 
Barbara ansuerit saying. Ye ! fayth wyl he ! Sche knawis na 
mayr in this mater, except that common voce and fame beris 
record that the sayd bem is Wyliam Huntaras of Balcarros ; 
and purgis hyr of all parcialite. 

7 Janat [Jhonstoun — deleted] Pont, spows of Peter Ihon- 
stoun cottar to the Lard of Erlishall in the Westhows, wytnes, 
sworn and examinat upon the excepcion of adultery, &c., in hyr 
ayth deponis that common voce and fame is sa as the excepcion 
beris ; and at sche gave sowk to ane bem quhilk wes^ called 
and haldyn for the beme of Berbara Sandelandis. 

8 Mychaell Balfowr of Burly,* wytnes, sworn and examinat 



^ * That Lady Margaret Reres, one of the Beaton family, so called after her 
marriage with Arthur Forbes of Reres, and who was one of Mary Stuart's court 
ladies, and the nurse of her son, was at an earlier period one of Bothwell's mis- 
tresses, rests entirely upon Buchanan's unreliable statement * (Berry's translation 
of Schiern's Life of Bothwell^ p. 53). 

' We in MS. 

* On the 25th of June 1553, the Queen confirmed to Michael Balfour of 
Burlie, and Cristine Betoun his wife, the Mains of Burlie and Terhill {^Register of 
Gnat Seal^ it. No. 806). And on the i8th of June 1566, the King and Queen 



ST. ANDREWS KIRK SESSION. 163 

upon the excepcion of adultery, &c., in his ayth and conscience 
deponis that he wes present in the Westhows, place of the Lard 
of Reres, upon the Fryday nixt befoyr Wytsunday last wes, 
quhar he spak face to face wyth Barbara Sandelandis lying in 
hyr bed ; hard hyr planle confes to hym sche had laytleye borne 
ane bame, quhilk wes begottjni betuix hyr and Wyliam Huntar 
of Balcarros ; and sche desyrit the deponar to labor for hyr at 
the handis of hjrr husband to remit hyr. Examinat upon the 
generall interrogatoris, he ansueris that the producer is syster 
sone to his wyf that deponis, and of the rest he purgis him. 
9 M. James Lermonth, Provest of K3rrkhyll,^ wytnes, swome 
and examinated upon the excepcion of adultere, &c., in his con- 
science and ayth deponis that he knawis na thing of the said 
excepcion, bot that common voce and fame is that Barbara 
Sandelandis hes borne ane bame to Wyliam Huntar of Bal- 
carios leytle. The deponar sawe ane bame quhilk wes sayd to 
hym to be the bame gottyn betuix Wyliam Huntar and Bar- 
bara Sandelandis, and knawis na mayr in this mater. He 
purgis hym of all parcialite. 

10 Jhone Nesche, gardiner in Pytlathe, wytnes, swome and 
examinat upon the excepcion of adultery, &c., in his conscience 
deponis that [he]* knawis nat thing of the excepcion, bot at 
common voce and fame is that Barb[ara]* Sandelandis hes leytle 
borne ane bame to Wyliam Huntar of Balcarrows; and at, 
abowt Zowll or Candylmes last wes, the deponar saw Wyliam 
Huntar cum to Pytlathe thre s)mdry tjrmmis, and remanit the 
space of ane howr ilk tym or tharby, and wes wyth Barbara in 
the hows. Quhidder thai war alane into the hows or nocht, 
the deponar knawis nocht, for he was in the yard and saw 
Wiliam enter and pas up in the hows quhar Barbara was. 
Examinat upon the generall interrogatoris, he purgis hym. 

11 NychoU Spittell,* minister of Goddis Word, wytnes, swome 

granted to him half the lands of Kynloche, and the heritable office of coroner- 
ship of Fife, which Parliament confirmed on the 19th of April 1567 {Ibid. No. 
1736; Acts of Parliament ^ ii. 561). He was an obiter with Arthur Forbes in 
1552; and was also charged with him, in 1569, as a maintainer of Robert 
Betoun. He enjoyed the questionable honour of being father-in-law of Sir 
James Balfour of Pittendreich (R. Bannatyne's 'Memorialise Ban. Club, p. 52). 

* See pp. 76, 77. * Omitted. » Blotted. 

^ Nicol Spittal was minister of Fowlis- Easter in 1563, 'having in 1567 For- 



164 REGISTER OF 

and examinat, &c., in his conscience deponis that, he being in 
Pytlathe duelling and the sayd Barbara also, lie saw Wyliam 
Huntar of Balcarros and ane servand wyth hym cum^ thar one 
horsbak, quhilkis lychtit in the clos of Pytlatehe, and Wyliam 
past up alane to the hows quhar Barbara was, levjmg his ser- 
vand wyth the hors, and Wyliam remant thar in the said hows 
the space of other half howr efter his jugiment. In quhilk 
tym the deponar, being offendit tharwyth, past to the wyff of 
Ihon Nesche, gardinar of the place, and demandit of hyr quhai 
wes up in the hows wyth Wyliam and Barbara; and feche 
ansuerit saying, thar wes nabody wyth tham. The deponar 
knawis na mayr in this mater, except that common voce and 
fame is in the cuntre that Barbara hes borne ane bame to the 
sayd Wyliam Huntar. He purgis hym of al parcialite. 

12 M. Robert Hammyltown, regent in the New College in 
Sanctandrois, wytnes, sworn and examinat upon the excepcion, 
&c., deponis as foUous : being inquirit gyf Barbara Sande- 
landis gave hyr body or buyr ane bame to Wyliam Huntar of 

. Balcarros ; ansueris, he knawis nocht. Itenij he deponis that, 
upon Thurisday efter Trinite Sunday at last wes, he cam to 
Balcarros and thar efter supper spak wyth Gressell Trayll, 
Wyliam Huntaris wyff, quhai mayd ane havy lamentacion to 
the deponar that hyr husband gave hys body to Barbara Sande- 
landis. And tharefter Wyliam Huntar, passand be the waye 
wyth the deponar toward Magas, confessed to hym be the waye 
that he had grevosly offendit towardis God and his wyff, quhai 
wes sa gud to hym at all tymmis, and at he wald satisfy hyr as 
sche plesed for the wyckednes that he had committit, for it 
com upon ane sudden chance that ever he had ado wyth that 
woman, and no mencion wes mayd of Barbara. 

13 [Here follows the evidence of * George Lewyngstown in 
Cmgfudy of perfyt aige," and * syster sone to Wyliam Huntar/] 

14 Robert Dauidson, tenent to Wyliam Huntar in Balcarros, of 

gound and Benvie also in charge ' ; he was afterwards translated to Benvie ; from 
thence he removed to Longforgan ; and died an indweller at Dundee on the 9th 
of April 1576 (Scott's Fasti, iil 712, 715, 719). He was one of those who 
signed the letter directed by the General Assembly, in December 1566, to the 
bishops of England, entreating them to deal gently with the brethren about the 
surplice and other apparel (Caldcrwood's History, ii. 335). 
1 Cun in MS. 



ST. ANDREWS KIRK SESSION. 165 

laufull aige, wytnes, &c., sworn and examinat, in his conscience 
deponis that common voce and fame is that Barbara Sande- 
landis hes bom ane bame to Wyliam Huntar ; and knawis na 
mayr in this mater, and purgis hym of all parcialite. 

15 Gressel Trayll, spows of Wyliam Huntar of Balcarros, 
wytnes, sworne and examinat upon the excepcion of adultery of 
Ihon Forbes, &c., in hyr conscience deponis that the brut of the 
cuntra is, and was, that Barbara Sandelandis had borne ane 
bamee laytly to Wyliam Huntar, husband to the deponar ; and 
at Wylizam Huntar confessit to hyr, wyth his awyn mowth 
spekand, that he had camall dayll wyth the sayd Barbara and 
tharby had falyeit aganis the deponar, and oflFerrit hym redy to 
amend to hyr in ony sort at hyr plesur. Sche also deponis 
that sche, for avoyding of pleye and cummaris,^ send to Greorge 
Lewyngstown in Cragfudy, and caused hym fetche the bem 
borne be Barbara Sandelandis brutit to be hyr husbandis and 
put it to fosteryng one hyr expensis ; and gave certan penne- 
worthis to Margret Huntar to pay for the fosteryng of the 
same. Sche also deponis that Barbara Sandelandis hes resortit 
to thar hows divers tymmis wythin this other half year. 
Examinat upon the generall interrogatoris of law, sche purgis 
hyr. 

16 Janat Jhonstown, xviij yearis of aige and mayir, servand to 
Cristen Balfour, relict of Dauid Kynnayr in Cragfudy, wytnes, 
sworne and examinat upon the excepcion of adultery, &c, be 
hyr ayth deponis that sche knawis na thing in this mater nor 
nane of the personis, bot alanerly that the deponar was send be 
Greorge Lewyngstoun, fiirth of Cragfudy to the Westhows, to 
resave ane barne and bryng to hym, quhilk sche performit ; 
indeid resavit ane manchild thar fra ane gentyll woman, quhai 
prayed hyr to do weyll to the bame, quhilk bame the deponar 
brocht to George Lewyngstown to Cragfude, and he caused the 
deponar resave the bame to fosteriyng ; and past tharwyth to 
the hows of Janat Smyth, relict of Robert Jhonsone, cottar in 
the cottoun of Cragfudy to Cristen Balfour, and thar kepit 
the barne quhill it decessit : al wes don this year befoyr har- 



^ Strife and vexations. The first letter oi pleye has been altered, and it might 
be xtdAfoleye. 



166 REGISTER OF 

vysd. Eljcaminat upon the generall interrogatoris of law, sche 
purgis hyr. 

17 Catren Layng, relict of Greorge Duncan, cottar in the 
cottoun of Cragfude, wytnes, swome and examinat upon the 
excepcion of adultery, &c., be hyr ayth deponis that sche knawis 
na thing of the excepcion, hot at sche wes present in tym of 
deces of ane bame in cottoun of Cragfudy the sam sjnoimer, 
and lowked^ the bcumis ejn and wynd hym; hard thane be 
common voce and fame, and namly of the keparis of the bame, 
that the bame foyrsayd wes gottjm betuix Wyliam Huntar of 
Balcarros and Barbara Sandelandis, Lady of Reres. Examinat 
upon the generall interrogatoris of law, sche purgis hyr. 

18 Besse Lawsone, a:a^^' yearis of aige, servand to Alexander 
Olefeyr cottar in Cragfudy, wytnes, swome and examinat upon 
the excepcion of adultre, &c., be hyr ayth deponis that sche 
wes present in cumpany wyth Janat Ihonstown wytnes preced- 
ing, in fetchyng of the bame fra the Westhows to Cragfudy, 
and in that part is conforme to the sayd Janat Jhonstoun in 
hyr deposicion ; and purgis hyr of the general interrogatoris of 
law. 

19 Robert Wobstar, xa^^' yearis of aige and mayr, servand 
domesticall to Wyliam Huntar of Balcarros, wytnes, sworn and 
examinat, &c., be his ayth deponis that he wes send be Gressell 
Trayll, wyf of Wyliam Huntar foyrsaid, to George Lewyngstoun 
in Cragfudy, desyring the sayd George in hyr nam to caws 
resave ane bame fra Barbara Sandelandis furth of the West- 
hows, and put it to fosteryng upon hyr expens, quhill sche 
wyst quhai awcht it : and kennis na mayr in this mater. 

20 Andro Wod, apperand of Largo,^ wj'tnes, swome and 
examinat upon the excepcion of adultery, &c., in his conscience 
deponis that he hes hard of the confession of Wyliam Huntar 
of Balcarros, that the said Wyliam Huntar had camall dayll 
wyth Barbara Sandelandis, being wyf to Ihon Forbas apperand 



^ Closed. 

' This Andrew Wod was grandson of Sir Andrew Wod, the famous naval 
commander (Wood's East Neuk of Fife, 1887, pp. 72, 74). On the 28th of 
November 1556, Andrew Wod of Largo sold to Andrew Wod his son and heir- 
apparent and Egidia Gourelaw his wife the lands of Balbreky {Register of Great 
Seal^ iv. No. 1129). 



ST. ANDREWS KIRK SESSION. 167 

of Reres; and knawis na mayr in the mater, except that 
common voce and fame is saas the excepceion beris. Examinat 
upon the generall interrogatoris, he purgis hym in all, except 
that he confessis hym to atte)ni in consanguinite to the pro- 
ducer and to Barbara, and can nocht declar nor reckjm the 
decreis. Also he and Wyliam Huntar ar secundis in degreis of 
consanguinite. 



Die octavo mensis DecembriSj anno Domini m^rfLviiJ. 

Wyth incalling of the name of Crist Jesus, Sone of the f^.^^^^"^ 
etemall and everlevyng God, quhai is the way the verite and Sandelandis. 
the lyff, be quhais mercy and gudnes we, Mr. Ihon Wynram, 
Superintendent of Fyff, being called to that office as ane 
watcheman ower hys flok to behald exam)m and trye (be the law 
of God) the conversacion lyff and maneris of thoes committed 
to our charge ; and occasion being offerred be delacion gevyn 
in to us, be the ministery of the kyrk of Lucris, upon Jhon 
Forbas apperand of Reres for nocht adheryng to Barbara 
Sandelandis his lawfull wyff, to summond the said Ihon Forbas 
to ane certan daye, to compeyr befoyr us and the ministerie of 
Santandrois, to heir and se hym decemit to adheir to the said 
Barbara his lawfull wyff, to intret hyr accordyng to the ordin- 
ance and institucion of mariaige, or to schaw ane ressonabyll 
caws quhy he suld nocht sa do. The said Ihon being summond 
and comperand at day and place affixit to hym, he, for his 
defence and to stop his adherance, proponit be way of excepcion 
and allegit adultery committit be the said Barbara Sandelandis 
wyth Wyliam Huntar of Balcarros, manifestit be procreacion 
of ane child betuix tham, bom in the Westhows in the moneth 
of Maii in this instant year of Ixiij ; and the foyrsaid adultery 
also confessed be the saydis Barbar and Wyliam Huntar 
befoyr divers famos wytnes. We, understandyng the foyrsaid 
excepcion and defence relevant and consonant wyth the law of 
God, have admittit the same to his probacion, quha for pro- 
bacion tharof hes produced honest famos and unsuspect 
wytnes in detful numer. Quhilkis, being be us laufiilly sum- 
mond, comperand ar resavit swome admittit and deligently 
examinat, in pan of nocht comperance of the said Barbara 



168 REGISTER OF 

Sandelandis heirto laufully summond. We, being maturly 
avysed wyth the fojrrsaid excepcion of adultry, deposicionis of 
the saydis wytnes, havyng only God befo3rr our ees and the 
testimony of his trew and eternall Word, the consayll and 
sentiment of the ministery of Sanctandrois tharin had and 
hard, fyndis the sayd^ excepcion of adultery relevantly and 
sufficiently provyn ; and tharby in defalt of the said Barbara 
sufficient occasion gevyn to us to ceas fra farther proceadyng 
aganis the said Ihon Forbas, or to decern hym to adheyr to 
the said Berbara as to his lawful wyfF: committing the said 
Barbara Sandelandis, wyth h}^ criniinall cans of adultry, to 
temporall magistrat, juge competent to hyr and the said cryme. 
Pronunced in the parroche kyrk of the cite of Sanctandrois, 
upon the viij of December anno 1563, being present Masteris 
Ihon Dowglas, Rector, Crostofer Gudman, minister ; Masteris 
Wyliam Ramsaye, James Wylke, Alan Lawmonth, and hoi 
mmisterie, in peana contumacii parcium citatarum^ et nan com- 
parentum. 



In the sessione of the Superintendent of FyfF and 
ministerie of Sanctandrois, haldyn wythin the par- 
rochie kyrk of the citie of Sanctandrois, upon the xix 
day of August, the year of God m^v^ sexty twa yearis. 

The quhilk daye, Adam Mastertoun charget and monest, be 
the Superintendent and his letteres, to adheir and intreat 
Agnes Boyd his spows as becummis the husband to treat his 
lawfuU wyff according to the law of God, or ellis to schaw ane 
ressonabyll caws quhy he suld nocht sa do ; comperis Adam and 
in presens of Agnes allegis aganis hyr that he is nocht haldyn 
to adheir to hyr, and proponis ane excepcion of adultere, as at 
lenth is contenit [in]^ the sam, vidz., betuix Agnes and Gilbert 
Arskyn. Quhilk wes admittit to his probacion, and divers 
dietis kepit in the sayd caus, wytnes produced resavit and 
examinat, &c., and finaJy, concordit and aggreit as follouis. 



1 Th€ sayd the said in MS. 

2 Citatorum in MS. 

' Omitted. The exception was doubtless in writing. 



ST. ANDREWS KIRK SESSION. 169 

Die 17 mensis Decembris, anno Domini 156S. Indicione 6, Concordia inter 
regni Mane regme anno xl,horam circa secundam post mendiem, Boyd, 
in camera venerabilis et circumspecti viri magistri Joannis 
Dowglas, Rectoris alme Universitatis Sanctiandree, infra Nouum 
Collegium civitatis Sanctiandree, coram dicto domino rectore, 
tamquam uno seniormn ministerii Sanctiandree, et magistris 
Roberto Hammyltoun et Patricio Constjm^ regentibus dicti 
collegii testibus. 

Adame Mastertoun exoneris [and]^ remittis all rancor con- 
savit be hym aganis Agnes Boyd his spows, and renuncis the 
accion and excepcion of adultery proponit be hym aganis h}^, 
and acceppis hyr in his favoris, and grantis to adheir to h}rr as 
to his lawfuU wyff*, and requiris hyr as his lawfull wyff to 
retume and pas wyth hym to thar commone dwelling place. 
And [in]- signe of concord amite and simple remit of all dis- 
plesor, the said Adam, at desyr of the said Mr. Ihon Dowglas, 
kissid and embraced the said Agnes and drank to hyr.* De 
super dictus Adam Mastertoun peciit instrumenta a me Joanne 
Motto notario publico. J. Motto subscribitur. 

Die ooix mensis Augusti^ anno Domini 1562. 

The quhilk daye, the Superintendent and ministerie being Ordinacioues 
consultit anent the cuming of Master Wyliam Cranstown * to ^^^ Cram^^ 

toun, 

^ Patrick Constyn, minister of Ceres, and better known afterwards as Patrick 
Adamson, Archbishop of St. Andrews. 

2 Oniitted. 

' Although this sign of concord and forgiveness may be despised in these days 
of aggressive Good Templarism, it flourished long among the craftsmen of St. 
Andrews. For example, it was decreed on the 19th of August 15S0, 'that 
Mathew Clenye suld confess he had maid offence to Alexander Millar and 
tharfor to drink to him, and to confess him offendit to Johnne Millar and drink to 
him, and Johne to drink agane to Mathew ' {Bcuk off the Statutis and Ordin- 
ansis off the Brudtrine of the Hammermen of Sanctandrous, MS.). So popular 
indeed was this mode of healing differences that it affected the funds of the craft, 
and therefore, on the 2d of March 1593, 'It is statute ordanit and decemit, be 
thame all with ane consent, that quhan ony variance sail happin to fall betwix 
the maister and his servand, na silver of the craftis be drunkin at the aggreing of 
thame, hot the servand to pay xiijs. iiijd., and the maister yjs. viijd., quhilk of 
thame beis fund in the fait ' {Ibid. ). 

* Mr. William Cranstoune, Provost of Setoon'and licentiate in theology, was in 
the Provincial Council of 1549 (Robertson's Concilia Scotiae, ii. 83). He was 



170 REGISTER OF 

this cite of Sanctandrois, and ordor to be takyn wyth hym at 
his aiming, for umbeschewing ^ of inconveniends, thai have 
thocht gud and consentit and ordened that, sa soone as the 
said Master Wyliam Cranstoun cummis to the said cite, the 
Superintendent (gy{ he be present in this citie) and the 
ministerie sail conveyn in session, send and requir the said 
Mr. Wjliam to compeir befojrr tham, and at his comperanoe 
demand of hym quhat religion he is of, and desjrr to have 
confessione of his fayth. And gyf he professis hym ane Papist 
or of his aid and wonted religion, that he be emistlie required 
and requested to depart fra this citie, that na perturbacione 
of religion be mayd heir be hym, nor suspecion takjm of 
hym be his residence ; wyth intimacion, gyf he wyll nocht 
obey the request, that all the membris of this congregacione 
salbe oppjmly inhibit and forbyddyn to intercommone or 
cumpany, by or sell, wyth hjnoi, under pane of excommuni- 
cacione; and gyf neid be the 8amm)m to be execut realy 
and wyth effect. Otherwayis, gyf he confessis hym ane 
Protestant and to afHrme the religion and doctrin resavit 
and tawcht in this citie and kyrk, he to be desyrit and 
cherged to gev confessione of his fayth, and to subscryve the 
articulis of recantacione commonly used ; quliilk gyf he refusis 
to be reput and used as ane Papist in maner foyrsaid. And 
g3rf he consentis and obeyis the request [and]^ submit hym- 
self to disciplyn, he to be resavit as ane Cristiane membre 
of the congregacion ; nevertheles, nocht to be admittit to 
preche wythowtyn admissione lawfuU. And gyf he desiris 



also Official of St. Andrews {supra, p. 147). Probably it is the same William 
Cranstoun who is mentioned as professor of sacred literature and Principal of 
St. Salvator's College on the 4th of February 155^ {Register of Great Seal, 
iv. No. 1277). At the Reformation, 'several of the masters in St. Salvator's, 
including William Cranston, the Principal, adhered to the ancient religion, 
and left their places * (M'Crie's Melville, ii. 344, 345). On the 12th of October 
1561, Mary Queen of Scots wrote to Queen Elizabeth, begging 'letters of safe 
conduct for William Cranstoun, and others, to pass through England to France * 
(Thorpe's Calendar of State Papers, Scotland, i. 175). And on the 24th of 
September 1562 — five weeks after the date of the entry in the text — Randolph 
wrote to Cecil, from the north of Scotland, ' Mister William Cranstons, that 
passed latlie by you, a great favorer of Papystes, is happelie ded in thys mys- 
chevous worlde * (Laing's JCnox, vi. 144). 
^ Avoiding. * Omitted. 



ST. ANDREWS KIRK SESSION. 171 

admission to preche, it salbe grantit only upon this condicione 
and obligacione, be promys that he sail confes all the saidis 
common articulis ; and confut [the false ;]^ and prech the trew 
and contrary doctrin, concemjmg thar articulis, to the Papisti- 
cal! doctrin, singularly ilk ane be thame self; and at the end 
of his sermon sail confes treuly (accordyng to his conscience 
and testimone tharof) that ether ignorantly or of malice he 
falyeit in teching wrang doctrin the last sermone he maid in 
this kyrk, anent the reall presence of the body and blud of Crist 
in the sacrament of the supper of the Lord, and obsecracionis* 
mayd be hym in confirmyne of the said doctrine ; ask God 
mercy tharof and the congregacion forgyfnes, &c. 

Di€ secundo Septembris anno Domini 156^. 

The quhilk daye, Andro Sellar yonger accused for adultery Accusado Cel- 
committed wyth Annie Thomson, spows of Archebald Philp in ^ aduluHo!*^ 
Ballestown, quhai is wyth child to the said Andro. He con- 
fessis hym to have had camall dayll wyth the said Anne, bot 
he never knew that sche was ane other mannis wyf. In respect 
of the quhilk, the saidis Andro and Anne ar committed be the 
ministerie and thar supplicacion, to be civile punist be the 
Provest and bailies accordyng to the ordor resavit. 

The quhilk daye, Andro Elephant and Issobell Mortoun accusoHo 
delated and accused befoyr the ministerie for kepjm cumpany anfa^Mmreu 
in bed and burd unmareit, to the gret oflFence aganis God and Mortoun. 
sclander of the congregacione. Thai confes thar kepjm of cum- 
pany, and affirmis that thai ar contracked in promys of mariaige, ResponHo,* 
and ar wylling to procead to solemnizacion tharof ; and professis 
thame selfis membris of this congregacione, imbrasaris of the 
doctrin tawcht in this kyrk, [and]* submittis thame to disciplin. Durttum. 
In respect of the quhilk, the ministerie ordenis thaim to compeir 
this nixt Sunday in the public essemble, and thar mak public 
satisfaccion ; and [the]* same done thar bannis to be proclamit, 
and wythin xxj dayes nixt tharefter to procead to solemniza- 
cione of thar mariaige ; to the quhilk thai consent. 

^ Omitted. " Entreaties or protestations. 

• This word is somewhat uncertain ; the first part of it is contracted, and it 
seems to end in eo ox oo. ^ Omitted. 



172 REGISTER OF 

Die aroj Septembris anno Domini 1562. 

Dicretum con- The quhilk daye, Janat Gredde delated called and accused 
VuanSc^m' ^^1^ the ministerie for fomicacione, committit wjrth Dauid 
gear de Dunde. Scrymgeor in Dunde, and cuming to this cite fugityve fra dis- 

ciplyn qiihar the offence was committit, and bearyng h}^ bame 
wythin this cite. Janat confessis the fomicacion committit in 
Dunde wyth Dauid Scrymgeor, and allegis that the caws of 
hyr cuming to this cite was to serve James Gedde, quhom to 
sche mayd promys of service befoyr sche knew hyrself to be 
wyth child. The ministerie decemis hyr to depart wyth hyr 
bame to Dunde, and thar wythin viij da}ns to underly discipUn 
and obteyn hjrr bame baptised, and nocht to return quhill^ 
sche bryng testimonial^ of the fulfylling of the same. 

Die xxiy mensut Septembris^ anno Domini etc, locy. 
Decretum The quhilk daye, Mr. Ihone Setoun readar in Creych' and 

^A^ft^^tt W^^PljV ^^Z^M^ ^^ V tt V% ^_B_^ 

and NichoU for Ele3m NychoU, delated to the Superintendent as huyrmongaris, 
and the sayd Mr. Ihon for contempnyng and necletyng of his 
office in the sayd kyrk, and summond be the Superintendentis 
letteres to this day and session, oft tymmis called and nocht 
comperand, ar noted contumaceSy and letteres of excommunica- 
cion descemit to be send and execut upon tham, and the said 
Mr. Ihon is deprivit fra his office of readar in the said kyrk. 
Murdo.Kynayr, In lyik maner Alexander Murdo and Besse Kynayr, delated 
oommuitoir ^^^ summond for to underly disciplyn for adultery committed 

betuix tham, non-comperand ar decerait to be excommunicat. 
[BaicanqueU, The quhilk day, Johanc Balcanquell and G^lis Olephant, 
fcScatoris.] foraicatoris, delated called accused and confessand thar dela- 

cion, ar ordenit this nixt Sunday in the essemble of the congre- 
gacion to syt upon the penitent stul tym of the sermon, and at 
the end tharof schaw signes of repentance in askyn God mercy 
and the congregacione forgyfnes upon thar kneis. 



ezcommunica< 
don. 



* QuAi/k in MS. « Testioall in MS. 

* John Seytoun, vicar of Creich, witnesses a charter on the loth of February 
1548-9 {Register of Great Seal, iv. No. 298). 



ST. ANDREWS KIRK SESSION. 173 



Die tdtimo Septembris anno quo supra. 

The quhilk daye, Alexander Lytstar acclamed in mariaige be HLytstar, 
Margre.t Turpy as he that hes deflored hyr virginite. Alex- "^^ 
ander is chergit to absteyn fra contrackyng and solemnizacion 
of mariaige wyth ony otlier person, unto sic tym as the sayd 
clame be discussed, under payn of excommunicacion, &c. 

Die septimo Octobris anno quo supra. 

The quliilk daye, in the sessione of the Superintendent and Deciarachin- 
ministerie of Sanctandrois, anent the sclander rased upon sfonse Arc/u- 
Dauid Ballingall and Elizabeth Dwry spows of Dauid Archibald " ' 
parrochinaris of Kennoquhy, the mater being deligently tryed 
and examinat be the Superintendent and ministerie fojrrsad, 
thai fynd the said Elizabeth Dwry innocent tharof, and albeid 
the sayd Dauid Ballingall most wyckedly and emistlye labored 
to tyist the sayd Elizabeth Dwry to have consented to his 
fylthy lust and des3dr, sche be the grace of God hes constantly 
refused and resisted. Quhilk offence done be the said Dauid 
Ballingall, in schawyng his evyll wyll to have^ performit and 
brocht to pas his consavit lust and tentacione, now (moved be 
the Spirit of God) he hes confessed and schawyn owtward signes Confessio 
of repentance, wyth humil submission of hymself to disciplyn ; °*^ * 
and heirfor is decernit to compeir in the essemble of the con- 
gregacion of the kyrk of Kennowy, upon Sunday the xj of 
October instant, and thar in presens of God at the command of 
the minister humyll hymself upon his kneis, confes his offence 
and ask God mercy tharof and the congregacione forgyfhes. 
And of his occasion of sclander gevyn to tham, and for avoyding 
of all occasion of suspicion and sclander gevjm for the tym to 
cum, the said Dauid Ballingall is discherged and forbyddyn to Decretum et 
accumpany wyth the said Elizabeth Dwry in ony maner or sort, Ball^^ 
privatly or oppynlye,bot [to]^ absteyn fra talkyn eat)mg drynkyn 
or other resortyng wyth hyr; to the quhilk he hes consented, and 
is oblest to keip the same under pane of bannesing hym the 
bowndis of Fyff for all the dayes of his l3rftym ; and for fulfiU- 



' Htnuo in MS. ' Omitted. 



174 



REGISTER OF 



ing of this his promys and obligacion sail fynd gentyUmen 
landit caucionaris for hym, actitat in the schyrreffis bukis of 
Fyff, that gyf ony occasion of suspicione or sclander be gevyn 
or mayd be hym, and he tharof giltye and convicked, that he 
sail remove and be bannist the bowndis of Fyff for all the dayes 
of his lyfF and never to retume. In respect of thyr premissis, 
the Superintendent ordenis the minister of Kennowy to moneis 
all and syndry personis of his congregacion, that nane of tham 
pretend to sclander the sayd Elizabeth Dury, or in thar 
talkyng to speik evyll of hyr for ony sic caus ; and to exhort 
tham to thank and praese God of his grace grantit to hyr to 
resist sa constantly sic tentacion, quharof sche is to be prased 
and nocht evyll reportet. 



MairimoniaU 
deereium inter 
Pawy it 
Kynnisman. 



Die xj Novembris anno dommi etc. Ixij. 

The quhilk daye, Mariory Pawy askis Wyliam Eynnisman to 
marye hyr, as he that promyst to hyr be his hand gevyn in hjo" 
hand, and spekyng and sa3dng to hyr, be his hand he layd in 
hjrrris, he suld marye liyr and never have ane other woman bot 
hyr, quhilk promys Mariory referris to the ayth of Wyliam ; 
quhilk Wiliam refused to sweyr, and referred the allegacion of 
Mariory to hyr ayth ; and sche, swome in his presens and 
examinat be hyr ayth, deponis the foyrsaid promys alleged be 
hyr to be trew. Quharfor, the Superintendent decemit the said 
Wyliam to solemnizat his mariaige wyth the said Mariory, and 
monesis hym to compleyt the same wythin xl dayes nixt heir- 
efter, under pane of excommunicacione. 



MairimoniaU 
decretum inter 
Danison et 
Stewart. 



Die XXV Novembris anno quo supra. 

The quhilk day, Johane Dauidson walcar and Elizabeth 
Stewart, for transgression of the ordor of [the]^ kyrk, ar decemit 
this nixt Sunday to mak public satisfaccion in the essemble, &c., 
and tharefter thar bannis to be proclamed, and wythin xx^ 
dayes nixt tharefter to solemnizat thar mariaige. 



1 Omitted. 



ST. ANDREWS KIRK SESSION. 176 

Die penultimo Decembris anno quo supra. 

The quhilk daye, Johane Mortown, servand to Thomas AiaMmotUale 
Ramsay in Sanct Nicholas, and Catren Brown in New Grange,* Mortawinet^ 
fomicatoris, grantis and confessis promys of mariaige betuix ^«««««- 
thame, and to performe and solemnizat the same at the fairest 
at Wytsunday nixt to cum ; and to absteyn from all camall 
dayll in the myd tym, and to mak public satisfaccion for thar 
sclander gevyn this nixt Sunday, in the public essemblie of the 
congregacion, to the quhilk thai ar admittit. 

Die xiij Janimrii anno quo supra. 

The quhilk day, com peris Mr. Wyliam Fayrfull, procurator Repuisio pro- 
tor Eufam Murraye Lade of Rasyth be hyr mandiat, tendyng ^d^im de 
to perseu ane accion of injuris aganis James Mowbray in Dun- ^if^'^ 
fermlyng ; and in l3rik wyis comperis Mr. Ihon Bown, procura- 
tor of the sayd James Mowbray be his mandat, tending to 
defend and to persew the sayd Eufam for injuris. The Super- 
intendent and ministerie, tending to keip the ordor of the sayt, 
refusis to admit procuratoris ; and grantis letteres, at the 
instance of parteis, to summond ilk ane other to compejo" per- 
sonaly under panis of excommunicacion. And sa the proces 
ceassed becaus the Lard of Rasyt* wald nocht consent to ony 
persut at instance of his Lady. 

The quhilk daye, in the caus of injuris persewit be Johan Dtcntum 
Brown,® reader in Kyngorne Ester, aganis Mr. Dauid Wod, ^f^^^SeuddU 

Wodet in 

^ St. Nicholas and New Grange are both in the parish of St. Andrews. favorem Brown, 

' On the 7th of September 1550, the Queen granted to Robert Stewart, son 
and heir-apparent of Henry Stewart of Rossjrth, the lands and baronies of 
Rossyth, Cragyis, Durrisdeir and Schambody ; which the said Henry personally 
resigned, reserving a free tenement {Register of Great Seal^ iv. No. 518). On the 
26th of March 1553 there is a confirmation in favour of Robert Stewart, *feodi» 
tario de Rossythy and Eufamie Murray his wife {Ibid,^ No. 770.) He was in 
Parliament in 1560 {Acts of Parliament ^ ii. 526). She was the second daughter of 
Sir William Murray, of Tullibardine, and was thrice married : first to Stewart, 
next to Robert Pitcaim, Commendator of Dunfermline, and afterwards to Patrick 
Gray of Innergourie (Wood's Douglass Peerage^ L 145, 146). 

' John Brown was exhorter in Kinghom Wester, or Burnt Island, in 1567, 
with a stipend of xl merkis, and was reader there from 1574 to 1589 (Register 
of Ministers, 6^^. , Mait. Club, p. 25 ; Scott's Fasti, ii. 528). His stipend in 
1574 was ;f 20 and the kirk-land ( Wodtxrvo Miscellany, p. 362). 



176 



REGISTER OF 



minister of Kyngome foyrsayd, the Superintendent, avysed wyth 
the complant of Johan persewar, ansuer and confession of Mr. 
Dauid, deposicionis of wytnes, and al otheris deduced in the 
sayd caus, fyndis clerly provyn that Mr. Dauid, oppynle in the 
Grenerall Essembly of the Kyrk of Scotland, in Edynburgh, 
and also befoyr the ministerie of Sanctandrois, injuirit and 
diffamit Jhon Brown readar, calling and affirmyng hym to be 
ane hypocrit, ane idolatar, ane mes mongar; and heirfor 
[decemis that]^ instantly befoyr the ministerie the sayd Mr. 
Dauid on his kneis ask the sayd Ihone Brown forgyfhes. And 
farther decemis and ordenis the said Mr. Dauid, ane of thir nixt 
twa Sundayes following, to pas to the kyrk of K)mgome Est 
and thar mak ane sermon, and at the end tharof, in the public 
essemble of the congregacion, acknawledge and confes hymself 
to have excedit the bowndis of his office in dischergyng of Ihone 
Brown fra his office of readyng of the common prayeris, and 
calling of hym raschely knayfF; and to ask hym and the 
congregacion forgyfhis: and fra thyn furth dischergis and 
deprivis the sayd Mr. Dauid fra ministracion of the Word, at 
the discrecion of the Superintendent, for sic tym as he sail 
appoynt to hym, and quhill he obteyn new admission.^ 



Accusacio 
Th4muSfyr- 
lyng Ucioris 
tn Cray II 



Die XX Januarii anno Domini etc boy. 

The quhilk daye, Thomas Skyrlyng, readar in Crayll, sum- 
mond for ministracione of baptisme and mariaige nocht being 
admitted, he comperand and tharof accused, for liis defence 
producis ane commission in wryt, subscrivit be Ihon Maleyn 
minister of Crayll, Wyliam Annand, Mr. George Meldrum, 
Thomas Bane, and rest of the eldaris of Crayll, for excusyng of 
his ministracion [of] ^ mariaige. In respect of the quhilk, the 
Superintendent ordenis the saydis minister and eldaris to be 
summond to compeyr befoyr hym and the ministerie of Sanct- 



1 Omitted. 

* Mr. Dauid does not appear to have been reinstated, for Thomas Biggar, who 
* had been a member of the chapter of St. Andrews previous to the Reformation,' 
was admitted as his successor in 1564 (Scott's Fas» /, ii. 543). 

• The words of baptisme and have been erased — no doubt the of by 
mistake. 



ST. ANDREWS KIRK SESSION. 177 

androis this nixt Wednisday. And as to his ministracion of 
baptisme, he allegis speciall command of the eldaris to minister 
baptisme, quhilk is statut to hym to prev upon Wednisday nixt 
to cum. Also the Superintendent inhibitis the sayd Thomas 
fra using his office in the kyrk, quhill the end of this his oifences 
and tryall tharof. 

Die xxvij Januarii anno quo supra. 

The quhilk day, as in term assignit be the Superintendent to Decretumamtra 
Thomas Skyrlyng reader of Crayll to prev the command of the crayii. 
eldaris, and as daye affixt to the minister and eldaris to be 
summond, &c., the Superintendent, efler tryall takyn in the 
sayd mater, fyndis the sayd Thomas to have gretly oiFendit in 
ministracion of solemnizacion of the pretendit mariaige of 
Peter Jak, wythowtyn laufuU autorite or power granted to the 
sayd Thomas tharto, and the pley also of mariaige intentat be 
the clame of Besse Buge aganis the sayd Peter depending unde- 
cidit ; ^ and also in ministracione of baptisme wythowtyn admis- 
sion being onlye ane readar ; * and tharfor dischergis the sayd 

^ On the i6ch of September 1562, the Superintendent had inhibited Peter Jak 
from marrying any other woman until Besse Buge*s claim against him was 
decided ; but on the 20th of January, the same day that Skyrling was summond, 
Jak confessed that he had married another woman (see above, pp. 148, 149). 

' ' To the kirkis quhair no ministeris can be haid presentlie, must be appointed 
the most apt men, that distinctlie can read the Commoune Prayeris and the 
Scripturis, to exercise boyth thameselfis and the kirk, till thai growe to greattar 
perfectioun ; and in process of time he that is but a reader may attain to a farther 
degree, and, by consent of the Church and discreet ministers, may be permitted to 
minister the sacraments ; but not before that he be able somewhat to perswade 
by wholesome doctrine, beside his reading, and be admitted to the ministerie ' 
{First Book of Discipline^ fourth head). The reader of Crail was by no means 
the only aspiring member of his order, for, in July 1568, the General Assembly 
' ordeaned that superintendents command readers to absteane from all ministra- 
tioun of the sacraments, under paine to be accused as abusers, and criminall, 
according to the Act of Parliament ' (Calderwood*s History^ iL 422). In August 
1573 the reader at Dairy was enjoined by the Assembly 'to make his publict 
repentance upon two severall Lord's dayes, becaus, being discharged from all 
ministratioun of the Lord's Supper, [he] had not the lesse ministred the same, at 
Kilbumie, the last Easter. It was ordeanned, that this act sail strike upon all 
readers that sail be found guiltie of the same crime ' {Ibid, iii. 293). And in 
October 1576, the Assembly concluded 'that no reader within this realme 
minister the holie sacraments, except suche as have the word of exhortatioun in 
their mouths * {Ibid, p. 376). 

M 



178 



REGISTER OF 



CraylL 



Thomas fra the office of readyng quhill Sunday the vij of 
Februar nixt to cum ; and ordenis and commandis the sayd 
Thomas Skyrlyng this nixt Sunday to compeir in the public 
essemble of the congregacion in Crayll kyrk, and thar oppynly 
confes hym to have falyeit and offendit in ministracion of the 
pretendit mareaige of Peter Jak, nocht being laufully admittit 
to sic office, and the impediment standing in the part of the 
said Peter Jak be the clam of mariaige intentat be Bege Buge 
undecidit ; and tharfor on his kneis ask God mercy for his 
offence, and the congregacion forgyfnes of his sclander gevyn, 
and this to do under pane of excommunicacione.^ 
Decreium contra Upone the ferd daye of Februar, anno etc, Ixij^ the quhilk 
minisirSmtU daye, cognicione takyn anent the part of Jhon Maleyn, minister 

of Crayll, in the solemnizacion of the pretendit mariaige of 
Peter Jak wyth ane woman in Crayllis pareis be Thomas 
Skyrlyng reader in Crayll, it is fundyn that the said Johane 
Maleyn minister was sufficiently adverteist of the impediment 
and pleye of mariaige depending betuix the sayd Peter tod 
Bege Buge, and that he was deuly inhibit to solemnizat 
mariage betuix Peter Jak and ony other person quhill decision 
of the sayd pley befoyr the Superintendent depending; and 
tharfor the sayd Ihon Maleyn minister to be gilty in com- 
mittyng ony pretendit power to Thomas Skyrlyng readar to 
solemnizat ony mariagis in his absence, except he verefy that 
he publest the inhibicion foyrsayd gevyn to hym in the essemble 
of the congregacion, or ellis mayd excepcion of Peter Jak in 
the comission and power committit to the sayd readar. The 
rest of this mater and disciplyn is contenewit oneto sic tym as 
the Superintendent sail think gud to call the sayd Ihon 
Maleyn minister and eldaris of Crayll for this caws. 

The quhilk day, Marion Gray, in presens of lohan Jhon«- 
stoun, allegis that the sayd Ihon hes deflored hyr virginite, and 
tharfor haldyn of the law of God to marye hyr, and askis hym 
to be compelled and decemit to solemnizat mariaig wyth hyr. 
Quhilk Ihon allegis for his defence that the sayd Marion was 
deflored be James Kynnisman befoyr he knew hyr camaly, and 

^ Skyrling no doubt obeyed the Superintendent's penitential commands, for he 
was still reader at Crail in 1567. His stipend was paid by the town {Register of 
Ministers^ Exhorters aud Readers, Mait. Club, p. 23). 



Piticio 
Gray contra 
Ibonstoun. 



ST. ANDREWS KIRK SESSION. 179 

offeris hym to prev the same ; and at his desyr Wednisday the 
X day of Februar nixt to cum is statut to hym to prev. Parteis 
heirto summond be actis, &c. 

Upone the x day of Februar, as in term assignit to Johan inhiHcio 
Jhonstoin to prev his excepcion aganis Marion^ Gray, he com-**^ ansom. 
peris and his wytnes nocht comperand, the Superintendent 
oflFerris to the sayd Ihon letteres to summond his wytnes; 
quhilk he refused to resav, and stubbumly sayd and alleged 
the Superintendent culd do na thing to hym bot keip hym 
unmareit : he suld tak tham but mariaige that wald tak hym. 
In respect of the quhilk, the Superintendent inhibitis the sayd 
Johane to contract or procead to mariaig wyth ony other 
person, quhill decyding of this clam and caus of Marion per- 
sewar, under pan of excommunicacion ; and ordenis inhibicionis 
in wryt to be direc to all kyrkis necessar to the same effect. 

Die xvij Februarii anno etc. Ixij, 

The quhilk daye, Andro Angus,* reader in Leslye, accused Durttum contra 
and convict for ministracion of baptisme wythowtyn laufull \^ fSiie^** ^^ 
admissione, and also of barnis that war nether presented be 
father nor mother, in the pareis kyrk of Kynglasse ; and ther- 
for is decemit to absteyn fra all sic in tym cuming under all 
heast pane and cherge, and for his offence committit to compeyr 
this nixt Sunday in the public essemble of the congregacion of 
Kynglasse, and thar oppynle acknawledge his fait foyrsayd, ask 
God mercy and the congregacion forgyfhes. 

The quhilk day, Dauid Styrk delated, accused, and be his Decretum con- 
confession convict, of ministracion of baptisme in the kyrk of ^^jj^*" 
Kynglasse, both to the barnis of the same parreson and also 
of otheris paresonis, wythowtyn ony lawfull admission; nor 
havand na office in the kyrk also interponit h3rmself* to 
read the common prayeris in Kynglasse, and interruppit the 
reader tharof laufully admittit tharto. Heyrfor the Super- 

^ The last letters have been altered : it seems to have been Mariory. 

' 'Andro Anguse' occurs as reader at Kirkforthir in 1567 or 1568 with a 
stipend of xx merkis {.Register of Ministers ^ Exhorters and Readers^ p. 24) ; but 
he was reader at Leslie in 1574 with a stipend oi £\t and the kirk-land (ffW>vn^ 
Miscellany y p. 363) ; and he continued there as reader until 1591 (Scott's 
Fcuti^ ii. 549). • Angid in MS. * Hym hy^nself in MS. 



180 REGISTER OF 

intendent decemis hym to absteyu fra all office and ministracion 
in the kyrk quhill he be admittit ; ^ and for his offends foyr- 
sayd, this nixt Sunday, to accknauledge his oflfencis foyrsaydis 
in the public essemble of the congregacion of E3mglaBse, ask 
Grod mercy and the congregacion forgyfhes. 

Die tercio mensis Mardi aniw quo mipra, 

Dfcrttum mat- The quhilk daye, comperis Johane Zeasteris, sumtym monk 
Zeasteris H *" iDi Balmerinach,^ summond to underly disciplyn for cummyng 
Buncke, jj^ contrar of his promys, mayd in this session upon the xWij 

day of Marcii in the Ixj year, to absteyn fra cumpany and 
camall dayll havyng wjlh Eleyn Bunche, in havyng of new 
camall dayll agane wyth the said Eleyn, manifestit be pro- 
creacion of ane child betuix tham. Quhilk offencis the said 
Ihon Zeasteris confessis, offerris hym redy to underly disciplyn 
of the kyrk, and also offerris hym redy and wylling to solemnizat 
mariaige wyth the said Eleyn ; and this nixt Sunday hymself 
to compeir, and do his exact deligence to caus the sayd Eleyn 
compeir wyth hym at Sanct Talis kyrk,^ consent to the pro- 

^ He was afterwards reader at Kinglassie with a stipend of ;i'io {Register of 
Ministers, etc, p. 24). 

' The Cistercian Abbey of Balmerino, founded by Ermengarde, the widow of 
William the Lion, was burnt, 'with all thyngs that wer in it/ by the English 
under Admiral Wyndham, on the night of the 25th of December 1547. Dr. 
Campbell says that ' no new monks appear to have entered after that year ; ' but, 
as he supposes, * the injury inflicted on the buildings would, no doubt, be par- 
tially repaired in the interval between this period and the Reformation,' when 
it was practically suppressed {Balmerino audits Abbey , pp. 119, 127, 349). On 
the nth of July 1606 the Abbacy, together with the lands of Kirknewton and 
Balemo in the sherififdom of Edinburgh, was erected into a free barony and 
lordship of Parliament in favour of Sir James Elphinstone of Bamton. In the 
erection it is declared that, ' to the effect foirsaid, his Majestie and Estaittis of 
Parliament hes suppressit and extinguischit the memorie of the said Abbacy of 
Balmirrenoch that thair sail be na successour provydit thairto, nor na forder 
mentioun maid of the same in ony tyme heireftir' {Acts of Parliaments 0/ Scot- 
land, iv. 341-343)- 

' No vestige of the chapel of St. Alus or St. Ayle is known to remain, and 
even its exact site is somewhat uncertain. Dr. Campbell conjectures that it may 
perhaps have survived and been in use as the parish church of Balmerino until 
1595 or 161 1 {Balmerino and its Abbey, pp. 103, 104, 148). The reference in 
the text proves at least that it was used as a place of public worship after the 
Reformation ; and several entries in 1568 seem to imply that the parish of Bal- 
merino was then known as 'Sanct Teal parrochion.' 



ST. ANDREWS KIRK SESSION. 181" 

clamacion of thar bannis, and wythin xl dayes at the farrest nixt 
heirefter solemnizat thar mariaige.^ In respect of the premissis 
and that the same salbe deuly performit, the Superintendent 
ordenis the saydis Jhon and Eleyn this nixt Sunday following 
to compeyr in the public essemble of the congregacion of Sanct 
Talis kyrk, and thar mak public satisfaccion befoyr proclama- 
cion of thar bannis, and to fulfyll the foyrsayd premissis in all 
punctis under pane of excommunicacione. 

Die xxtiij Marcii anno quo supra. 

The quhilk day, Alexander Duncan askis Beatrix Wemys to PetUiomatH' 
be decemit to procead to solemnizacion of mariaige wyth hym Duncan er^a 
— as sche that had mayd promys of manage wjrth hym and he ^^'^'^J- 
in lyik wyis wyth hyr, wjrthowtyn ony condicione adjecked 
tharto, thai bayth beand fre personis tym of thar mutuall 
promys mackyn; quhilk promys the said Beatrix oppynlie 
confessed and affirmed in presens of hyr frendis, quhen sche 
wes desyrit of tham to contract manage wyth Wyliam Ballin- 
gall, schawand that be verteu of faythfull and trew promys 
fojo-sayd mayd bethuix tham sche mycht nocht contract wyth 
ony other — ^in presens of Beatrix, quhai denyis the sayd clame. 
And at desyr of Alexander Wednisday nixt to cum [is]* statut 
to hym to prev. Parteis heirto warnit be act. 

Upon the last of Marcii, in the sexty thre year, as in term Dtcretum at- 
assignit to Alexander Duncan to prev his clam and promys of ]Yemys contra 
mariaige denyed be Beatrix Wemys, comperis Jhon Duncan, ^^«^««- 



^ In a charter granted by the Commendator of Balmerino, and signed at the 
monastery in 1569, John Yeister, notary public, appears as a witness (Register 
ofthi Great Seal^ vol. iv. Na 2102). In 1574, and down to 1586, the names 
of Thomas Stevinson and John Yester occur as the two remaining monks who 
formed the 'convent.' Dr. Campbell also mentions John Yester the Com- 
mendator's bailiff, who appears from the Balmerino Writs to have been married, 
and expresses the opinion : — * It is thus probable that he was none other than 
the quondam monk, and that having embraced Protestantism, he followed still 
further the example of Luther by disregarding his vow of celibacy, and taking 
to himself a wife * (Balmerino and its Abbey ^ pp. 138, 139). But it is evident 
from the text that while the quondam monk had little respect for his vows of 
chastity, he would not have entered into matrimony had it not been for the 
pains of discipline. ' Omitted. 



18« REGISTER OF 

father to the said Alexander, and producis Dauid Duncan,^ 
Johan Wemys of Pytgrugny, and James Zong: quhilkis ar 
sworn, admittit and judicialie examinat, and na thing of the 
clame be thame provyn. Beatrix circumducis the term quoad 
nonproducta; and Ihon Duncan, in nam of Alexander his son, 
passis fra all farther probacion. The Superintendent, avysed 
wyth the proces, fyndyng na thing of the clam confessed nor 
provyn, pronuncis and absolvis Beatrix fra the clam of Alex- 
ander ; and ordenis Alexander to male public satisfaction in 
the essemble of Abymethy, this nixt Sunday, for his sclander 
and wrangus persut. 

Die xxiiij Marcii anno etc, Ixij. 

^^m^aL7nUr '^^ quhilk daye, Dauid Henderson and Eleyn Peblis, in the 
NemUrson et session of the Superintendent and ministerie, confessed mutuall 
promys of mariaige mayd betuix tham befoyr ane curat and 
famos wytnes. In respect of the quhilk, the Superintendent 
decemis and chargis the saidis Dauid and Eleyn to compleit 
and solemnizat thar mariaige wythin xxx dayes nixt heirefter, 
or ellis in myd tym ether of tham to propon and prev sum 
ressonabill caws quhy thai may nocht or suld nocht solemnizat 
thar mariaige, under pan of excommunicacione. 

Die quinto mensis Mail anno Domini rn^ifhnij, 

Pro€$ssusit The quhilk daye, comperis Dauid Malcom and alleges that 

momaU inter Agnes Duncan present is his wyfF — ^be verteu of promys mutuall 
ISmcMtf '' mayd betuix thame, wyth consent of hyr father, fowyr yearis 
syn bypast, befoir ane preist, accordyng to the use observed for 
that tym commonly, and camall dayll betuix hym and hyr 
followed tharupon — desyris the sayd Augnes to be decemit be 
the Superintendent to procead wyth hym to tlie solemnizacion 
of thar mariaige — in presens of Agnes, quhai confessis the sayd 
allegacionis, and allegis that the said Dauid sen thar promys 
foyrsayd wes mayd hes mynted and schawyn his deligence to 
drown hyr in to ane watter upon the nycht,^ and also hes gevyn 
his body in adulterie to Eleyn Allan Mackewyn : offerris hyr to 

' Afyci/ in MS. 



ST. ANDREWS KIRK SESSION. 183 

prev the sam be wytnes. Quhilk being admittit as ane resson- 
abyll defence to stop solemnizacion, Agnes producis Dauid 
Simderis and Dauid Clyd and James Clyd, wytnes, quhilkis war 
resavit, swome, admittit, in prcsens of Dauid, and instantly 
examinat. The Superintendent assignis to Agnes the x daye 
of Junii nixt to cum for farther probacion. Parteis heirto 
summond be act. 

The said x day of Junii being cum [and] ^ na deligence don 
for other probacion be Agnes, Dauid circumducis the term. 
The Superintendent statutis Itteratorie to pronurice. 

Upon the xvj day of Junii, anno etc. Ixttjy Dauid Malcolm 
and Agnes Duncan being laufully summond to this day be the 
Superintendentis* letteres, to heir pronunced in the caus of 
procedyng to solemnizacion of mariaige betuix tham, the 
Superintendent, avysed wjrth the clame of the said Dauid, 
ansuer and defens of Agnes, probacionis and deposicionis of 
wytnes, and all otheris deduced in the sayd caus, fyndis the sayd 
Agnes to have falyeit in probacion of hyr defensis, and heirfor 
pronuncis and decemis the said Agnes to procead in solem- 
nizacion of mariaige wyth Dauid Malcolme, wytliin xl dayes 
nixt heirefter. Pronunced in presens of Dauid and in pane of 
nocht comperance of Agnes heirto summond. 

Die septimo niensis Julii^ anno Domini etc. Ixiy. 

The quhilk day, efter that Schjrr Dauid Donaldson had beyn Decnium am" 
summond wyth the Superintendentis letteres, notit contumcuTy Dauidem Dan- 
and at he, being apprehendit wythin this cite and had fundyn ^ ^' 
caucion for his entering befoyr the Superintendent and falyeit, 
wes also summond to have comperit this daye befoyr the Super- 
intendent, personaly apprehendit, to underly correccion and 
disciplyn, anent the delacion gevyn in aganis hym for blas- 
phemus spekyn aganis the Word of God prechit and religion, 
and also for ane huyr-mongar, havand twa syndry women 
instantly wyth bame to hym begottyn in hurdom ; he oft 
tymmis called and nocht comperand, the Superintendent, wyth 
avyis of the ministerie of Sanctandrois, decemis inhibicion to 



Omitted. ' Superintentis in MS. 



184 REGISTER OF 

be direct to the minister of Monymayll to be execut thar, com- 
mandyng all Cristianis fearyng God to absteyn fra all societie 
and cumpany of the said Schir Dauid, declaryng hym to be 
fundyn and knawyn to be ane stubborn Papist, blasphemos 
spekar aganis the trewth of Goddis Word, and manifest indurit 
huyr-mongar, unworthy to hav societe or followschip wyth ony 
of the godly, and relacion to be mayd of his vicius l3rff and in- 
obedience to [the] ^ Justice Clark.^ 
Dfcrtiummat- The quhilk daye, Johane Lyndesay, in Reres Myll, in the 
^yndisaye^^ session of Superintendent and ministerie of Sanctandrois and 
Howasone, presens of James Howason, father of Cristen Howeson, in 
Lathonis, confessis that he hes deflored the virginite of the 
said Cristen and hes procreat ane barne wyth hyr, oblesis hym 
to solemnizat mariaig wyth the said Cristen, confessis hym to 
have mayd ane promys wyth hyr ; and the said James Howe- 
son father to the said Cristen consentis that the sayd mariaige 
be solemnizat. In respect of the quhilkis, the Superintendent, 
wyth avys of the ministery, ordenis the saydis Johan and 
Cristen to compeir in the public essemble of the congregacion 
of Sanctandrois, upon Sunday the xij of Julii instant, and mak 
public satisfaccion ; quhilk don, thar barne to be baptised efter 
nuyn day foyrsayd, and thai to procead and compleit thar 
solemnizacion of thar mariaig wythin ane quarter of year nixt 
after following, and to decist fra all camall copulacion of thar 
lK>deis in the myd tym. 



Die quarto Augusti anno quo supra. 

PiHcio matri- The quhilk daye, Johan Lyndsay, alta^ Kyninmonth, sum- 
^tra Lyidi^^ mond be the Superintendentis letteres, at the instance of Eliza- 
^y- beth Lyndesay, to heir hym decemit to procead to the solem- 

nizacion of mariaig betuix hym and the sayd Elizabeth, as he 
that is haldyn sa to do be verteu of deiloracion of hyr virginite, 
and promys of maruge mutuall mayd betuix tham befoyr he 
mayd ony other promys to ony other woman, wyth intimacion 
to the said Ihon as efierit, &c., as at mayr lenth is contenit in 



1 Omitted. 

- This is the last entry of the Register printed in the Maitland Miscellany. 



ST. ANDREWS KIRK SESSION. 185 

the saydis libellat summondis, deuly execut and indorsat. The 
said Ihon oft tymmis called and nocht comperand, in pan of 
his nocht comperance Elizabeth producis Archebald Dauidson, 
Robert Dauidson, Janat Lessellis, Margret Lyndesay, Thomas ^ 
Trayll ; quhilkis ar sworn, resavit, and to examinacion admittit, 
in pane of nocht comperance of Ihon, &c., and also instantly 
examinat. And upone the xviij of August Elizabeth pro- 
duced Thomas Bouy, Janat Smyth and Thomas Lessellis; 
quhilkis war resavit, suome, admittit, in peaiia contumadi of 
Ihon Lindesay herto summond, and war instantly examinat. 
And upon the fyrst of September, the sayd Ihon being sum- 
mond and nocht comperand, the Superintendent ordenis Ihon 
Lindesaye and Cristen Howeson to be summond agan Wednis- 
day nixt to cum, to heir and se procead in this caus ; and gyf 
Cristen or Ihon hes ony excepcion aganis^ ony of the wytnes, or 
ony other lawful defence to stop the mariaig betuix Ihon 
Lindesay and Elizabeth Lindesay, to allege the sam, as sche tyll 
tyn ^ and wyn. 

The quhilk daye, Thomas Cuthbert and Margret Reid ^^z*"*? R«d 
delated, called and accused for fomicacion committed betuix ben. 
tham, manifested be procreacion of ane child betuix thame. 
Thai bayth confes. And Thomas being demandit, Gyf he knew 
or had ony suspicion aganis Margret that sche wes corruppit 
befoyr he knew hyr camaly : quhai ansuered/^that he had na 
suspicion nor knawlege. And now Margret askis Thomas to 
be decernit to solemnizat mariaige wyth hyr, and tak hyr to 
his lawfuU wyf, according to the law of God, as he that hes 
deflored hyr virginite. Quhilk to do the said Thomas sim- 
pliciter denycd, wythowtyn ony resson gevyn be hym. The 
ministery statutis literatorie to pronunce in the clam of mari- 
aig and satisfaccion of parteis ; and in the myd tym ordenis* 
Margret to caus hyr father to compeir befoyr tham to schaw 
his wyl in the sayd caws. 



^ This name, which is supplied in the margin, has at first been Janat^ bat 
has been altered to make it Thomas, 
* Agns in MS. ' Lose. * Ordes in Ms. 



186 



REGISTER OF 



Die prima Septembris anno etc Iriij, 

Decniummat' The quhillc daye, in the caws and clam of mariaige of 
^conSuctmert. Thoimas Cuthbert acclamed be Margret Reid, the Superin- 
tendent and ministerie, avysed wyth the said caus and havand 
the mynd and consent of Thomas Reid, pronuncis and decernis 
the sayd Thomas Cuthbert to solemnizat mariaig wyth the sayd 
Margret Reid betuix this and Martymes nixt to cum, and 
falyeing tharof to pay to the said Margret twenty marchas, to 
towcher hyr wyth ane other man, at term fojrrsayd ; and to 
bayr his charge of the barn gottyn betuix tham as becummis 
hym of dewete. Pronunced in presens of the saidis parteis 
heirto summond. 



CoMcio Pater- 

900, 



Die xxia: Decembris anno quo supra. 

The quhilk daye, James Brog is becum souerte for Besse 
Paterson fornicator wyth Andro Baxtar huyrmongar, that sche 
sail underly disciplyn and obey the ordinance of the ministerie 
for hyr ^ transgressione. 



Piticic Kyd 
contra Jarden. 



Dtprivacio 
Jarden* 



Die pemdtimo Septembris anno Domini etc. hni}^ et xx9 

Octobris anno predicto. 

The quhilk day, Catren Kyd acclamis mariaige of Mr. Alex- 
ander Jarden minister, accordyng to the law of God, becaus 
the sayd Alexander hes deflored hyr virginite. Mr. Alexander 
confessis hym to have had camall dayll wyth Catryne, yit nocht 
certan gyf sche wes ane virgin befoyr he meld wyth hyr, as also 
dowtis gyf the bame pertenis to hym quhilk sche hes consavit ; 
desyris delay of tym, quharby sic tryall may be had as he maw 
knaw, be the byrth of hyr bame, quhidder the sam appertenis 
to hym or nocht. In respect of the quhilk clame, ansuer and 
confession of Mr. Alexander mayd tharto, the Superintendent 
dischergis and deprivis Mr. Alexander Jarden fra his ministerie 
of preching and funccion of all office in the kyrk, chargis hyra 
to desist tharfra in all tym cuming fra this hour furth, quhyll 
he be restored and of new admittit under all hcast pane of dis- 

* Nts in MS. 



ST. ANDREWS KIRK SESSION. 187 

ciplyn. The ministry ordenis Mr. Alexander Jarden to tak to Decretum 
his wyf Catrin Kyd, and solemnizat mariaig wyth hyr wythin xl "^Ja^^et 
dayes, or ellis in the myd tym to allege and varefy sum resson- Kyd, 
abyll caws quhy he suld nocht sa do.^ 

Die 3 Novembris anno quo supra. 

The quhilk daye, comperis Andro Trayll, sone of Mr. George Decretum 
Trayll, and oflFerris hym to underly disciplyn of the kyrk, for ^^AndJrim!.^ 
fomicacion committit betuix hym and Janat Anderson, desyr- 
ing his barne gottyn betuix hym and the said Janat to be 
resavit to baptisme. The ministerie understandyng sum brut of 
suspicion to be rased aganis Mr. George Trayll, father to the 
sayd AiJro, that he suld be father of the said barne, thai 
orden the said Mr. George to be called to this nixt Wedinsday, 
that his part tharin may be tryed and knawyn, and in this myd 
tym Andro Trayll and Janat Anderson to fynd caucion to 
underly disciplyn and obey the ordinance of the ministerie 
wythin xxj dayes, and, the sam fundyn, the barne to be bap- 
tised. And now Andro Trayll is becum caucion for Janat 
Anderson, and William Ferre for Andro Trayll, that thai sail 
fulfyll the ordinance of the ministerie. And Mr. George ^'^^ 

Georgij Trayll. 

^ On the 3ISI of December 1563, *Tuiching the question proponit be the 
Superintendent of Fyfe, anent Alexander Jarden, minister of Kilspindie, Inches- 
ture, and Rait, wha had committed fornication with a virgine, and therafter had 
maried her, and satisfiet the kirk, whither he sould be admittit againe to the 
ministrie or not ; the Kirk [i.e, the General Assembly] suspends the said Alex- 
ander fra all functioun of the ministrie within the kirk whill the nixt Assemblie. 
and then to receive ansuer * {Booke of the Universall Kirky Ban. Club, i. 45). 
Accordingly, on the 29th of June 1564, the matter again came before the General 
Assembly, when ' the haill Kirk, in consideratioun of his marriage and public 
satisfactioun wher the offence was committed, ordainit to make humble requeist 
to my Lord of Murray to be content that the said Mr. Alexander sould be 
received againe to his ministrie in respect of the premisses, and therafter that the 
Superintendent of FyflTe sould restore him againe to his ministrie as of befor * 
(Ibid, L 50). He became minister of Monimail — a mensal church of the Arch- 
bishop of St. Andrews before the Reformation— at Lammas 1568 ; in 1574 he 
had also Collessie, Auchtermuchty, and Abdie under his charge ; he removed to 
CoUessie before 1578, but returned to Monimail in 1579 (Scott*s Ftisti^ iL 501). 
One of the offences, with which the commission of the General Assembly was 
instructed to charge Patrick Adamson, in July 1579, was that he *had caused 
remove Mr. Alexander Jerdan from the kirk of Monymaill, being his own kirk ' 
{Booke of the Universall Kirk^ ii. 433). 



188 



REGISTER OF 



Trayll, being called and accused of the suspicion brited aganis 
hym, purgit hymsilf. 



Dtcretum 
contra Stanis 
et Symson 
fomicaUfres. 



Die xy Januarii anno Domini quo supra. 

The quhilk daye, Schir James Stanis, sumtym Papist preist 
and recanted, being summond to this daye and session, be the 
Superintendents letteres dewly execut indorsat and repro- 
duced, accordyng to the determinacion of the hoU Kyrk in thar 
Generall Essemble, haldyn at Edinburgh in December last wes,^ 
and also to ansuer anent his hurdom wyth Maig Symson ; and 
also the said Maig summond to the sam eiFect. Thai bayth 
called and nether of tham comperand, the Superintendent, \i^h 
the avyis of the ministerie, decemis letteres of excommunica- 
cion in dew forme aganis the said Schir James,^ accordyng 
to the determinacion foyrsayd of the holl Kyrk ; and the sayd 
Maige to be summond agan to certan day wyth intimacion as 
efFeris. 



Deeretum 
matrimoniaU 
inter Bit et 
Anderson in 
Ffysk, 



Peticio Tynclar 
contra Strang. 



Die viij Marcii anno Domini etc, hnij. 

The quhilk daye, Johane Bet and Besse Anderson in Flysk, 
fomicatoris, ar ordened be the Superintendent to mak public 
satisfaccion in the essemble of Flysk this nixt Sundaye. 
Quhilkis Johan and Besse also confes mutuall promys of mari- 
aig mayd betuix tham, and wylling to performe the sam ; 
quhilk thai ar decern it to compleit be solemnizacion wythin 
fyfty dayes nixt heirefter, under pane of excommunicacionie. 

The quhilk daye, Johane Strang being summond be the 
Superintendentis letteres, at the instance of Janat Thomson, 
alia^ Tynclar, to ansuer to hyr clame, as he that mayd promys 



^ If the General Assembly, which sat in Edinburgh from the 2Sth to the 31st 
of December 1563, took any special notice of Sir James Stanis, their deliverance 
is not preserved. Perhaps the reference is to the more general statement : — 
* The commissioners and brethren of Fyfe presented a row [i.e, a roll], wherein 
war diverse complaints given against the Superintendent of Fyfe : his answere was. 
That some of these things layed to his charge lay not in his power to amend. 
The complainers war commended for there zeale in delating things worthie of 
redresse, and admonished the Superintendent to be diligent in preaching and 
execution of his office * {Booke of the Universall Kirk^ i. 43). 

'^ fanes in MS. 



I 



ST. ANDREWS KIRK SESSION. 189 

of mariaige wyth the said Janat in presens of the ministerie of 
Kynros, and tharefter knew hyr camale, and sen syn hes jonet 
hymself in mariaige wyth ane other woman in Flysk, the said 
Ihon called and nocht comperand is noted contumax. The 
Superintendent decernis letteres of inhibieion upon the sayd 
Ihon and his pretendit wyf, chergyng tham to absteyn fra all 
cohabitacion and camall dayll, unto sic tym that the caus and 
clame of the said Janat be discussed. 

Die xxij Marcii anno quo supra. 

The quhilk day, comperis Johan Strang in Burlie and pre- ^trang. 
sentis the copy of the Superintendentis letteres execut upon ^y°^^'-3 
hym, be virteu of the quhilkis he wes comperit to schaw his 
obedience, wylling to defend the caws layd to his charge be 
Janat Thomson alias Tynclar. And Janat Tynclar nocht pre- 
sent to perseu hyr [clame] ' anon, the ministerie ordenis Ihon 
to compeir at the nixt summondis, t6 quhilk he consent is. 

Die XV Marcii anno Domini etc, Lriij, 

The quhilk daye, Johane Steynson, readar in the kyrk oi Decretum 
Abyrcrumme, and Marion Grymmen, his harlot, summond to sone^and*^" 
this daye and session be the Superintendentis letteres, as the Grymman 
secund summondis efter thai had beyn notit contumaces^ and to 
have ansuerit upon the delacionis gevyn in upon tham, to wyt, 
for huyrmongyn inveterat, and also of new manifestit be the 
being of Marion wyth barne to the sayd Ilion ; and also the 
sayd Dion for nocht communicateyng at the Lordis Tabyll be 
the space [of] ^ iiij yearis last bypast. The sayd Jhon comper- 
and, his delacion red, he confessis and submittis hym to dis- 
ciplyn and to obey all charge of the kyrk to be layd to hym. 
Aiid Marion called and nocht comperand is notet contumax. 
The Superintendent, wyth avys of the ministerie, decernis 
letteres of excommunicacion aganis Marion for hyr^ offencis 
and contempt ; and deprivis the sayd Ihon Steynsoun fra the 
ministracion of readyng and funccion of ony office in the kyrk, 
ay and quhill his repentance appeir, and he tharby be of new 

* Omitted. ' His in MS. 



190 



REGISTER OF 



Deprivacio 

Joannis 

SUynson, 



admittit.^ And also ordenis the sayd Ihon [to compeir]* this 
nixt Sunday, in the public essemble in the kyrk of Anstroyer, 
and mak public satisfaccion accordyng to the ordor of the 
kyrk, and to absteyn fra aU cumpany public or privat of the 
said Marione Grymman. 



[Wm-Huntar 
and Barbara 
Sanddandis.] 



Die vnj merisis Marcii anno quo supra. 

The quhilk daye, Wyliam Huntar, of Balcarros, and Barbara 
Sandelandis, spows of Ihon Forbes apperand of Reres, summond 
be the Superintendentis letteres, deuly execut and indorsat, to 
have compered this day, to underly disciplyn of the kyrk for 
thar fylthy adulteri committed l>etuix thame manifestit be 
procreacion of ane child betuix tham. Thai called and nocht 
comperand, Wyliam is excused be ane diet that he hes befoyr 
the Lordis, and Barbara is noted contumacc ; and the summondis 
contenewit to Wedinsday nixt to cum concernyng Wyliam 
Huntar. 



Die XV Marcii anno etc. Ixtij. 

Decretum The quhilk daye, as in term assignit be continuacione to 

^WmUHurUar Wiliam Huntar to compeir and underly disciplyn, for the 

^^Jl^^^^^^ offence and sclander rased be his occasion of adulterie committed 

aduiuriutn. betuix hym and Barbara Sandelandis, spows of Ihon Forbes 

apperand of Reres, the said Wiliam comperand offerris hym to 

underly disciplyn of the kyrk anent the sclander rased of the 

said adultery. The Superintendent, wyth the avyis of the 

ministerie, decemis the said Wyliam to compeir in the parro- 

chie kjrrk of Kylconquhar, upon Sunday the ix daye of Aprill 

nixt to cum, in the public essemble of the congregacion, and 

thar confes his offences humyll [hymj^self upon his kneis, fyrst 



^ Steynson*s place was speedily filled, if the three modern historical writers 
may be relied on, who assert that John Ferguson was reader at Abercrombie in 
1563 (Scott*s Fasti f ii. 402; Selections from the Minutes of the Synod of Fife, 
Abbot. Club, appendix, p. 201 ; Wood's East Neuk, 1887, P* 237) ; but they 
give no authority for the statement. Thomas Young, who had the vicarage, was 
reader in 1567 or 1568 {Register of Ministers y etc,, Mait. Club, p. 23) ; and he 
was still reader, with a stipend of ;^i6 and the kirk-land, in 1574 {IVodrow 
Miscellany y p. 361). * Omitted. 



ST. ANDREWS KIRK SESSION. 191 

ask God mercy, and sa mony particular personis — frendis of the 
said Johan Forbas and Barbara Sandelandis — as sail compeir to 
resave satisfaccion, and also generaly the holl congregacion 
present forgyfhes ; and also, at the sycht and discrecion of the 
ministerie of Kylconquhar, ansuer and deliver to thame ane 
pecuniall sowm of money, alwa)ds nocht exceding ten lib., to 
be distrubuted be tham to the puyr or kyrk work. And ordenis 
the minister or readar of Kylconquhar, ilk Sunday in this myd 
tym, to publeis the foyrsayd satisfaccion^ to be mayd be Wyliam 
at the said daye appoynted, requiryng the parteis offendit to 
be present. 

The quhilk day, James Dot and Margret Fyndlaye delated, Satisfacio Dot 
called, accused and convict for fomicacion committit betuix fomicatoris.^ 
tham, James for the fyrst fait, and Margret confessyng hyr to 
have borne thre bamis of befoyr, gottyn in fomicacion* wyth. 
thre syndry men, sche is ordened to stand ane hour in the jogis 
this nixt Setterday, at the marcat croce of Sanctandrois ; and 
upon Sunday nixt to cum, the sayd James and Margret, in the 
public essemble of the congregacion, to syt upon the penitent 
stull duryng the tym of the sermon, and at the end tharof 
acknawledge thar offencis on thar kneis, ask God mercy and 
the congregacion forgyfhes. 



Die xxix Mardi anno Domini m^tf sexagemno quarto. 

The quhilk daye, James Lyell, sumtym Papist prest, confessis Confissio et 
hymself to have recanted and to hav renuncit all Papistry ; and f^^SjLyeU. 
of his awyn proper confession oblcsis hym that in tym cuming, 
nether in Scotland nor ony other realm or cuntre, he sail, in word 
or deid, owtward signe, apparell, or ony other mancr or way, 
profes Papistry ; bot treuly constantly and manifestly profes the 
religion of Crist, according to the doctrin and profession be 
hym imbrased and confessed in his recantacione wythin this 
cite, utherwayis he to be estemed ane Papist. The contrary 
being provyn, the sayd James to underly all maner of dis- 
ciplyn alsoweyl of the kyrk as punischiment of the civil magis- 



^ Satisfaccn in MS. ^ - Fomcacon in MS. 



192 REGISTER OF 

tratis, and to be cuttit of as ane rannegalt and renunsar of his 
feyth.i 

Die ana: Aprilis anno Domini m'^iflxiiy*^' 

Peticio Bavireg. The quhilk daye, James Gylmor summond to this daye be 
the Superintendentis letteres, at the instance of Besse Bawerege 
his spows, to heir hym decemit to adheir to the said Besse as to 
his lawful! wyfi*; comperis James, and, for stop of his adherance, 

r*ih?^3 be way of exeepcion, allegis that the said Besse laytly, sen 

solemnizacion of thar mariaige, hes gevyn hyr body in fylthy 
adulterie and incest to Ihon Symson, sister sone to the said 
James, in presens of Besse quhai denyis the same. And the 
foyrsayd excepcione being admittit to probacion of James, and 
gret numer of wytnes be hym produced, resavit, swome, ad- 

Conc<nrdia inter mittit and cxaminat, the exeepcion unprovyn. Finaly, upone 

Baiu^e^. ^^ xxiiij day of Maii, anno quo supra^ the parteis being 

movid to concord, the said Besse Bawerege, in presens of James 
and hoU session of Superintendent and ministerie, purgis hyr 
of the sayd alleged adulterie aganis hyr, and acknauledgis and 
confessis hyr in tymmis past nocht to have beyn sa obedient to 
James hyr husband as becam hyr of dewetie toward hyr hus- 
band and head, quharby sche understandis hym to hav takyn 
occasion to intent and propon the exeepcion of adultery aganis 
hyr tending to divorcment ; and, at desyr of James, one hyr 
knes askit hym forgyfhes, and hes mayd promys never to be seyn 
in cumpany wyth Jhon Symson in prevy nor in [public]^ part, 
and to serve and obey hyr husband as becummis hyr of dewetie. 
And Robert Bauerege, hyr father, is becumin caucion to James 
that Besse salbe ane gud and faythfiill wyff and servand to the 



* Among those summoned to underlie * the sensiment off Parliament, for the 
tressonabill slauchter of umquhile David Cardinale Archbischop of Sanctandrois, 
Chancellar of Scotland, and for the taking and with-halding of the castell of 
Sanctandrois,' in 1546, there was a * Schir James Lyell chaplane ' {Register of the 
Privy Coufuil^ i. 32). It may be impossible to identify the * chaplane ' with the 
' sumtym Papist prest ' in the text ; but there can be no doubt that the person 
who came under this new obligation was the same ' Jacobus Lyell ' who recanted 
in February 1559*60 {supra, p. 14); and so there must have been some cause 
for doubting his sincerity. 

' Gylnor in MS. • Omitted. 



ST. ANDREWS KIRK SESSION. 198 

said James hyr howsband ; and gyf at ony tym sche falyeis, he 
never sail assist hyr wyth ony help, and heyrupon hes gevyn his 
hand to James. And James Gylmor remittis all caus and 
offence to Besse and resavis hyr in his favor and is finaly 
reconciled wyth hyr. 

Die quinto mensis Aprilis anno quo supra. 

The quhilk daye, Schyr NychoU Bawerege, Schyr George Bawerege, Tod, 
Tod, Den Johan Wylson,^ sa called in Papistry, being* sum- commimiait. 
mond, be the Superintendentis letteres deuly execut and Papistw. ^ 

, _ ..... . mcsmoDgaris. 

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 decemis 
letteres of excommunicacion in dew forme to be execut aganis 
tham accordyng to the ordor of the kjrrk. 

The quhilk daye, Thomas Walcar and M argret M owtray, Walcar and 
parrochinaris of Kyngome, delated for fomicacion committed ^^^oris 
betuix tham, and summond tharfor, be the Superintendentis* cxcommunicat. 
letteres deuly execut and indorsat, this day to compeir and 
underly* disciplyn ; and nocht comperand ar notat contumaces, 
and letteres decemit upon tham in forme of excommunicacion 
to be execut accordyng to the ordor of the kyrk. 

The quhilk day, Annabcll Adeson, nurice to Mr. Robert Adeson. harlot, 
Ayrth in Couper, and harlot to Schyr Dauid Donaldson,* Papist ^^"™""***** 
prest, summond to underly disciplyn befoyr the Superintendent ; 
and nocht comperand is notit contutnaa:^ and letteres of excom- 
municacion decemit to be execut aganis hyr accordyng to the 
ordor of the kyrk. 

The quhilk daye, Schyr Alexander Gaw and Catren Nesche, caw and Neis 
huyrmongaris and adulteraris, delated to the Superintendent, cxcommimicat. 
dwelland in Abymethy, summond to this day to underly dis- 
ciplyn ; and nocht comperand ar noted contumaces and letteres 

^ Dean John Wilson, canon of Holyrood and vicar of Kinghom, made a public 
recantation in the parish church of St. Andrews in February 1559-60 {supra, pp. 
11-13). Be in MS. ' Superiniendis in MS. 

* Undrly in MS. ' See supra, p. 183. 

N 



194 



REGISTER OF 



decernit upon tham in forme of excommunicacion, to be execut 
according to the ordor of the kyrk. 



Obligacio 
AHotrson 
vicarii de 
GUsche. 



Die X mends Man anno Domini 1564. 

The quhilk daye, Johane Anderson, sumtym vicar of Glesche,* 
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. 



Causa 
Bycartoun. 



Heir followis the proces led aganis Johane Bycartoun,^ 
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^ 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 bame,* 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* the holl kjrrk. Johane, called befoyr the 



* The parish of Glass in the presbytery of Strathbogie. 

' 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 1 550- 1, there is this plain statement : — 'Alex- 
ander Powte hes ressavit Johnn Bicartoun in prenteis, and the said Johnn oblessis 
h]mi 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, Andrews , MS.). He was 
one of those who befriended the Dominicans in St. Andrews (see supra^ 
p. 16, n.). 

• Lartn in MS. ^ TotovavL^. 



ST. ANDREWS KIRK SESSION. 195 

ministerie to have beyn accused heirof and comperand, pre- 
venit the accusacione, and, all reverence set asyd, stubbumly, 
wyth pertinacite, affirmit and mantenit his contempt of the 
said ordor, saying thir wordis in eflTect following: Quhat is 
this ye wald wyth me ? I knaw weyll anewch it is becaus I 
wald nocht present my awyn bame to baptisme ! I never pre- 
sented ane of my awyn bamis 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 wordis be hym spokyn and to 
submit hym to disciplyn, he stubbumly 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- SuppHcado 
cione of the cite and pareson of Sanctandrois, to the honour- baiues and 
abyll Provest, bailies and consayll of the sayd citie, Grace, ^^^'^^y^*!- 
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 emistly requestyng of your dewetie, and 



196 REGISTER OF 

autorite of your offices, to attend to the sauie ; [lest]^ that be 
the evyll exempill of one permitted, otheris and mo at efler 
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 fearfuU 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 sayll 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 xaciiij mensis Maii anno Domini 1564. 

[Bvcartoun The quhilk daye, it wes denunced to the ministerie in thar 

"* *^^' sessione that ther appered 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 faythfuU befoyr thar admission to the Lordis 
tabyll, as ane thing nether godly nor necessar to be used.* In 

' Omitted. 

^ 'AH 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 Cbristiane 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 eflTect direct 
fyrst Jhon Motto, ane of the eldaris, and George Blak, ane of 
the diaconis, to request hym to cum to tham : quhilk retum- 
yng wyth negatyve ansuer resavit fra the said Ihon, thai direct 
Master James Wylk and Mr. Martyn Gedde, eldaris [andAlea^- 
ander Myller diacon — deleted] to persuad and solyst hym 
brotherly to cum and speyk wyth the ministerie. Thai also 
retumand wyth negatyve ansuer, the ministere decemis ane 
summondis to be lebellat upon his contemptis wyth admonicion^ 
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 idtimo tfiensis Mali anno quo supra. 

The quhilk daye, in the session of the ministerie of Sfimct^ 
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 summc^d Ihon 
Bycartoun to this daye and session. Of the quhilk summondis 
the tenor foUowis : — 

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 )dt 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 DUcifliru^ ninth head). i 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 EtemaU, 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 resa\'it wythowtyn 
contempt or ony plane contradiccione of ony person; quhill now 
laytly, [upon] * 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 oflTence and sclander to the holl congregacion: 
the said Johan comperand befoir us prevenit our accusacion, 
and, all reverence set apart, stubbumly, 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 ^ 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, stubbumly 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 
faythfuU 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 mean is to have reduced 



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 )dt to tak non effect toward the sayd Ihon. 
Heirfor we requir you, in the name of the etemall 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 cans at eftemuyn, to heir hym 
decemit 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 detfiill 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 wrjrttyn, wytnes the holl 
congregacion and this my subscripsion manuall — George Blak, 
readeir, wyth my hand. 

The foyrsayd Jhon Bycartoun oft tymmis called, laufuU tym 
byddyn, and he nocht comperand is noted contumax. 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. 



aOO KEGISTEU OF 

deulv execut «aKi indorsat be the sayd Greorge, readar, thariii 
summaiHi to thk day and session Johane Bicartoun : of the 
quhilk the hMior foUowis. 
te Second [Exivptiv^ a few slight alterations it is exactly the same as 
"■****^' the first sumittons. The 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 
sumiuoml^ 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 
execiicion 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 etemall Grod, 
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. ' Gevyn under the sayll of the said ministerie, at 
Sanctandrois, the secund daye of Junii, the year of our 
redempcion 1564.**] 

FoUowis 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 congregacione, 
summond Johane Bycartoun oppynlie, efter the tenor of this 
summondis retroscript, to day and place wythin wryttyn, 
wytnes the hoU 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 contujtuu: 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 
Sundaye tharefter following. 



* Summond summond in MS. 



ST. ANDREWS KIRK SESSION. SOI 

i 

Die decimo quarto mensis Jtinii 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 monieion to compeyr to 
this daye and session, as at mayr lenth is eontenit 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 "°°° 
necessitated by this being the third summons.^ *We have 
caused the said Johan to be oppynlie summond be twa s)nidry 
admonicionis to have compered befoyr us in our session twa 
severall dayes.** ' Heirfor we requir yow, in the name of the 
etemall God, that ye now as of befoir in this our last and thrid 
monieion 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, ' wythowtyn 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, laufuU tjnn 
byddyn,^ and nocht comperand to obey this thrid and last 
admonicion, is notit contumux ; and be the ministerie decemit 
worthely to merit the sentence of excommunicacion, and * the 
sam to be execut aganis hym.* 

^ In one sentence the clerk has omitted an important ' not,' for he has 
written : — * As also sen syn he hes feared oppynly/ &c. 
^ Byddy in MS. ' And and in MS. 

^ This concluding paragraph has been copied into the Register by mistake 



90S RBGIaTER OF 



Die Vemtru dedmo Mxto wtemM Jmmii ammo Domimi 1561. 



Theqohilk ffaije, the ■mktcrie bexng coaTcnit and esemUed, 
to ooomlt anent the exccuciooe of the sentence of cxcom* 
imifarion agmnu Iboo B^cartouo, for his tnm giejbi onis con- 
tempt and inobedience, thnetnet aguus hpn in the thre public 
admoniciooifty and woidelT of hrm merit and ag;ui]s hjm 
decemit ;^ thai, maturlT avrsed, efter bng lesonjmg, haTe con- 
doded and ovdenis the minister, this nixt Sundaje, the xriij of 
Jonii instant, in his sermone, to dedar the danger of exoom- 
mimJCTJon, be oppvnnjmg of the Scripturis and pbhcis thaiof 
most apt for the purpos ; and also <^>pTnlT to grant to the said 
Jhon Bycartoun vit awcfat daves of merer, wrlling and desriyng 
the 6eindis of the said Johan in the mjd tvm to travdl wyth 
hym for his amendiment to repentance ; and also to signifye 
and geve place to oot person or personis, offendit wvth thir 
proceadvngis, to compeir the nixt Wednisdav in the olklj 
session of the mimsterie, and geve in be wrrt or wend the 
resBon and caus of thar offence to be discussed ; and gyf nane 
oomperis that day, certy^^ng tham thar silence to be bad for 
plan consent of the boll congregacione, and ordenis the sen- 
tence of excommunicacion to be put in wryt and dew forme, 
accordyng to the proces deduced aganis the sayd Dion 
Bvcartoun and rewyll of Sanct Paull wrvttvn to the Cor- 
ynthianis; and the sainmyn to be denunced and publidie^ 
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 
desjrryng of his frendis to labor wyth hym for reducyng of hjm 

before the ' tenor of indorsacion,' but the clerk has inserted marks to indicate 
*h*t the order should be changed. 

^ DecrnU in MS. ' Pablie in MS. 



ST. ANDREWS KIRK SESSION. 203 

to repentance, and requiryng and place gevyn to ony person 
or personis oflTendit 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] ^ reput 
for consent of the hoU congregacion : all thir premissis detfuUy 
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 retumyng 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. 



Folio wis 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 
etemall God, quho is the way the verite and the lyfF, by quhois cio^^antra 
mercye and gudnes, we, minister eldaris and diaconis of Cristis ^.y^«'^»»- 
kjrrk and congregacion of Sanctandrois, ar called as watchemen 
ower his flok, quhilk he * hes 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 hes 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. ^ He fum MS. 



804 REGISTER OF 

fyrst labor be all meanis to have reduced the said Johan to heir 
the voce of the kyrk wyth quietnes ; and fyndyng that our 
travell to tak non eifecct toward hym, we have uttered his 
caus and contemptis foyrsaidis to the hoU congregacion, be thre 
public citacionis and admonicionis mayd thre severall Sundajds 
in the public essemble ; wyth certificacion to hym, gyf he per- 
sistit in his contempt, we wald proceaid aganis hym wyth detful 
ordor to the execucion of excommunicacione as to the gretest 
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 opp)mn3mg 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. 206 

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 h3mi. 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 
accordyng to the tenor tharof denunced Johan Bycartoun 
excommunicated, and inhibit all and syndry faythfuU to 
accumpany wyth hym as is abov specify id. In wytnes heirof, 
I have subscrivit this my indorsacion wyth my hand, Cristofer 
Gt)odman, minister, &c. 

Die xiiij^^ mensis Februarii anno Domini mf*jflxiiy'^' 

Seing it hath pleased the gudnes of the etemall God, to penitenda tt 
move the hart of Johane Bycartoun (efter lang obduracione, y^''^**f^ 
and lying under the horribill sentence of excommunicacion /^tew. 
pronunced aganis hym be consent of the hoU kyrk for his 
transgressione of godly ordor, obstinacite in the same, inobedi- 
ence and contempt of the kyrk) to humyll hymself, and compeir 
l)efoyr the ministerie the vij day of Februar instant ; and thar, 
in acknawledg3mg 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 knawjmg 
thar dewetie, that as the said Johane was cut of be consent 
of the hoU 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 

wavis thar silence wald be had and reput for thar boll consent. 
And now nan coniperand to object, or allege impediment or 
stop, tbe ministeiie, wjth ^ad hartis in name of the boll kjric, 
declaris the said Joban Bvcartoun to be admittit to public 
repentance and satis&ccione. And understandyng the said 
Ihon to have sustenit gret dampneg and disays in guddis and 
body, throw his aw\-n 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 demiritei 
justlye doeth deserve, the ministerie tharfor at this present 
dispensb wyth all rigor, and ordenis the said Jhon, this nixt 
Sunday, the x\'iij of Febniar, at the end of the sermon befoir 
nuyn, in the public essemble of the congregacion, his offends 
brevely being repetit be the minister, to acknawlege the same 
and promys obedience in tym cuming to the lai^-full ordinance 
and voce of tlie kyrk, humyll h^-mself one his kneis, ask Grod 
mercye and the congregacione forgjfnes. This don, the 
minister sail fvrst 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 sj't together for that purpos; 
quhilkis in the name of the k}Tk sail resave hym and embrace 
hym as tliar brother to the unite of the kjTk. And last of all 
the minister sail geve thankis to God for his conversione, and 
mak public prayeris for liis 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 ^ the xviij of Februar.^ 

1 On the 28th of April 1567 * the maist part of the bretheren of halmennen* 
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 fortiBe and defend him, and stand with him in all and 
tyndrie 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 
diisierent 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 
wumu Marcii anno Domini mWlxvij obitus Jhonnis Bikarton * {Bouk off the 
SioMis and Ortiinansis oftki ffammermin of Samtandrous), 
^Januar in MS. 



ST. ANDREWS KIRK SESSION. 207 



Die octavo mensi^ Marcii anno Domini 1563. 

The quhilk daye, Robert Boswall and Jonat Wemys, his Processus inter 
pretendit spows, being summond be the Superintendentis Wemys, 
letteres to compeyr and heir thamselfis decemit to adheir to 
other, thai comperand and be the Superintendent requirit to 
adheir, Jonat allegis that Robert is ^ nocht h)T husband, and 
gyf he be hyr husband he hes cuttit hymself of fra hyr be 
committing adultery, and gevyng hyis body to divers and syndry 
women, as sche sail geve in this day awcht dayes ; quhilk is 
statut to hyr in presens of Robert herto summond. 

Die oov*^ 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- defcnsis/] ^ 
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 mfiv^hciiij^' 

The quhilk daye, as in term assignit to Robert Boswall to [Robert Bos- 
ansuer to the defensis proponit be Jonat Wemys to stop hyr Jhe d^lsi?] 
adherance to Robert, comperis Robert and confessis h3mi 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 

» His in MS. 



SOS REGISTER OF 

requirit hyr bayth in jugment and furth of jugiment to return 
(qubilk he offerris hym to prev), sche wes the cans tharof ; and 
sa sche, beand culpabill in that cans, awcht nocht to imput 
ony £Edt to hym. Iteniy Robert allegis that albeid Jonat wald 
all^e 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]^ far as thai war 
reconciled in gevyn of hyr body to h3mi that last nycht, sche 
hes no caus to stop hyr adherance. Quhilkis premissis the said 
Robert desyris to be discussed befojT 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 ge\yn 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 xij Aprilis anno etc, Ixitiy^- 

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 xix Aprilis anno quo supra. 

is The quhilk daye, as in term assignit be the Superintendent 
to gev interlocutor in the caus of adherance betuix Robert 
Boswall and Jonat Wemys, compiris Jonat and, befoyr inter- 

^ 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 : — ' We meane not, that synnes committed in our formar biyndnes 
(whiche be almost buried in oblivioun) salbe callit agane to examinatioun and 
judgment ' (First Book of Discipline^ ninth head). > Omitted. 



:ept 

I- 



ST. ANDREWS KIRK SESSION. 209 

locutor, passis fra all hjrr 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 desyris 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 Sa[nctandrois]. 

Die xjc AprUis anno predicto. 

The quhilk daye, as in term assignit to gev interlocutor in [The cxcepdon 
the caws of adherance betuix Robert Boswall and Jonat Wemys, mittit"to hyr 
the Superintendent, avysed wyth allegacionis and desyr and proba«on.] 
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 Mali 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 tertic mensis Mali anno quo supra. 
The quhilk day, comperis Jonat Wemys, Lady Claslogy,* [ J^** .w«"y» 

summondis 



1 Omitted. indorsat and 

2 Presumably Carslogie, near Cupar Fife, believed to have been the seat of •^^^ * 
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 fVemyss. Lord Campbell 
writes : — ' Soon after my mother's death my father ceased to reside in Cupar, 

O 



210 REGISTER OF 

quhai producis ane summoDclis of the Superintendentis, direct 
to ony minister or reader wythin the bowndis of bis office, to 
summond wytnes at the instance of the said Jonat, to prev hyr 
excepcion of adulterye proponit aganis Robert Boswall to 
stop hyr adberance to the said Robert as to hyr lawful hus- 
band, and to sununond 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 smnmonding of the said Robert Boswall in his 
maner, as the indorsacion beris. Comperis also James Roger, 
ser\'and of the said Robert Boswall, quhai presentit to the 
Superintendent ane wryt^Tig, under sail and subscripsion of 
Robert as the sam proportis, of the quhilk [the]^ tenor 
followis : — 
nor of the Superintendent of FyflF, and ministerie of the Cristiane con- 
S^^* gregacion of Sanctandrois, oneto your wysdomis humile schawls 
*^^^J and proponis Robert Boswell, in Ryalye, thir ressonis fol- 

lowing, quhilkis being be your wysdomis seyii 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 \*'ysdomis for the adherance betuix Jonat 
Wemys and me as my spows. Exhortand your wysdomis for 
the reward of the etemall God, quhai knawis the secreit of all 
hartis, to desist and ceas fra all forder preceding 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 unknawjTi 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' (Zi/<r of Lord Chancellor Campbell, 1881, L 19). 
* Omitted. 



ST. ANDREWS KIRK SESSION. 211 

caus ding owt all my harnis;^ quhilk your wysdomis wyll 
testefye, and gayf ansuer tharto. And one the mome [she]^ 
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 hoU 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]^ 
protestis for remeid of law and to have accion aganis your 
wysdomis, becaus of the notorite of the premissis. And als 
[I]^ 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, Itenij 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 Grod m®v*^ thre scoyr fowr yearis, befoir 
tliir wytnes, Thomas Dauidson, Johan Mwyr, wyth otheris 
divers — Robert Boswall wyth my hand, &c. 

The Superintendent,^ efter sycht and consideracion of the [The Super- 
execucion of the summondis, fjmdis Robert nocht laufully fra forder 
summond ; and for avoyding of nullite of proces, and also in rhSaausfj*" 
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 



^ Brains. 

' Omitted. ' SupcmtenditU in MS. 



212 REGISTER OF 

consideracionis moving h}mfi, cessis fra forder preceding 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 decemit the extract of this act to be deliverit in 
actentik forme to the said Jonat. 



IHe xocij mensi^ Marcii anno Domini m^xflxiij'*- 

rocmui inter Th^ quhilk daye, comperis Johane Moffat and Andro Moffat, 
homson ei 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 marye wyth the said Eliza- 
beth; becaus, befoir ony promys of maruaige niayd betuix thame, 
the said Robert hes tyistit the said Gelis Moffat thar sister, 
sche being ane virgin hes deflored hyr virginite, and tharfor 
hald3m 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 
G^lis 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]^ Jhon 
and Andro Moffat to compeir the said day, and bryng wyiJi 
tham the said Gelis Moffat thar syster ; and the proclamacion 
of bannis to ceas quhill discussing of this impediment proponet. 



Die xoAx menms Marcii anno Doniini m'^zflxiiij^- 

order tryall The quhilk daye, comperis Robert Thomson, Jhon Moffat, 
oadiment Andro Moffat, and wyth thaim G^lis Moffat thar sister, as in 

eponit to term assignit be the ministerie to thaim, for forder and better 

)p mariaige 

todzThomson 

dOikye.] 1 Omitted. 



ST. ANDREWS KIRK SESSION. 218 

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 camall dayll wyth ony other man nor the said 
Robert; and Robert Thomson confessis hym to have had 
camall dayll wyth Gelis Moffat. And the saidis Jhon and 
Andro MoflPat, 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 Grelis 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 wjrf the said Gelis, quhilk thai ask h3mi to be 
decemit to performe. And Robert Thomson ansuerand allegis 
that he hes 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 meihsis Aprills 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] ^ 
mare Gelis MoflPat, &c., comperis Robert and producis certan 
ressonis in wryt, in presens of Gelis MoflTat 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 h3mi alan, &c. 

Followis certan brev and schort ressonis for the part of [Ressonis pro- 
Robert Thomson, in Langraw, quhilkis being, be your wysdomis, xho^if^^ 
the minister eldaris and diaconis of this Cristian concrrefiracion *** suld nocht 

« o 1 • o o mane Gelis 

of Sanctandrois, seyn and rychteouslie considerit, the saidMoflBsu.] 

' Omitted. 



814 REGISTER OF 

Robert awcht nodit nor may na way be comptrllH to maij 
Gelis Mofiaiy nocht vythstanding byr pretendit confessiaii mayd 
in ane allegit act befoir your wysdomis the 3Lxix of Mardie last 
wes, bot he aluterly ^ ahsolvit fra the pretendit clam of Dion 
[and] ^ Andro Moffatis mayd in the said act. as it is oonoeaTit. 

In the f^Tst, becaus, in the said pretendit act and oootentis 
tharof, thar apperis na certan persetiar harand or that ony way 
may have aocion to desvr hvm to be compellit to manre the 
said Gelis, as may be easely seyn be inspeccion of the sammyn ; 
bot onlie that Ihone and Andro MofTati^ allegit bretheren to 
the said Gelis, desiris Robert Thomson to be compellit to manr; 
at quhais instance he one na way is haldyn to ansuer in this 
cace; nor yit can thai ony way pretend accion aganis hym 
tharfor, not her of the law nor yit practik of this realm, seing 
the said Gelis hes institut na accion aganis hym. In respect 
quharof he suld be absolvit fra the pretendit clam as it is 
concea^-j-t. 

Secondly, gevand that sche had institut ane accion, quhilk 
apperis nocht be the said act, thar is na caus nor reason con- 
tenit tharin quhy the said Robert suld !)e compellit to marye 
the said Gelis ; bot onlie hyr awATi meir assercion, wj^thowtyn 
ony peticion or clam preceding, or ony allegiance referrit be 
the said Robert to hyr ayth ; unto the quhilk be don, he is 
nocht haldjTi to mak forder ansuer. For hyr pretendit con- 
fession, as it is mayd wythowtyn ony j^eticion preceding as said 
is, can na way prejuge hym, nor he tharby be compellit of law 
equite nor gud conscience to mar\' the said Gelis, wj-thowt sche 
wald allege sum laufuU 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 wytho\%i:yn ony promis, yit 
alwayis sche suld l)e sic ane as war knawyn to be ane virgin, 
wythowt spot or offence notablie knawvn to have beyn don or 
committit be hyr ; quhilk is nother allegit nor provyn in this 
cace be the sayd Gelis, nanily, that sche wes ane virgin unde- 
florit the tym that the said Robert accunipaneit wyth hjT ; and 



Wholly. - Omitted. 



ST. ANDREWS KIRK SESSION. 215 

sua, befoir forder proces, he desyris ane qualefyid peticion and 
ane ^ competent day to ansuer tharto, utherwayis protestis for 
remeid of law tym and place. 

Thridly, under protestacion [that]^ the premissis be fyrst 
discussit in thar awyn ordor, the said Gelis is haldyn and reput 
ane brokyn woman, quhai hes divers tymmis jonit hyr body in 
fomicacion and unclenes wyth syndry men, lang befoir that 
ever the said Robert knew hyr camaly ; and is notable knawyn 
to have beyn suspect and in suspect placis wyth syndry men, 
specialy wyth Robert Dauidson, Thomas Anderson, Dauid 
Huntar, Peter FayrfuU, 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 camaly and have committit fomicacion wyth hyr ; 
quhilk the said Robert belevis sche wyll nocht in hyr conscience 
deny, ofterryng hym to preve the premissis sa far as thai ar 
affirmatyve ; and desyring the affirmatyve of the sammyn, sa 
far as thai ar negatyve, to be provyn be the said Gelis, or ellis 
to be haldyn pro confesso^ 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 ^{j|} ?^the*** 
that the saydis Ihon and Andro Moffat in thar peticion thrid admitiit.] 
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 fomicacion 
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 ooij Aprilis anno prescripto. 

The quhilk day, as in term assignit to Robert Thomson to f'^^^Pf ^'?1 
prev his excepcion of defloracion of virginite of Gelis Moffat, Thomson 
comperis Robert and desyris Thomas Crumblay, Catrin Mems, n^es^^^^ctT* 
Ihon Gybson, Marion Anderson, Jonat Criste, present, laufully hysothcrwytnes 

^ At'g in MS. 2 Omitted. 

^ Perhaps iAe affirmatyve ^should be deleted in this obscure sentence. 



216 REGISTER OF 

summond, to be resavit wytnes. Aganis the quhilkis peraonis 
Ihon and Andro Moffat allegis that thar cottaris to Robert* 
producer, haldis thar howsis and land (quharof thai have thar 
lyflO of ^^^^ ^^ Robert, duelland under hym in Langraw, quhai 
may put thaim fra the sam quhen he pleasis ; and [in] ^ respect 
tharof ^ ar wytnes suspect, and suld nocht be admittit bot 
repellit fra wytnes bearyng in liis 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 Balrymonth, Gressell Peblis thar, Alexander Sym- 
son, Alexander Castaris, citneris, Margret Greg, quhilkis ar 
swome resavit and to examinacion admittit, in presens of Grelis 
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 * per acta. 

Die xix Aprilis anno Domini etc, Ijciiij^^ 
[Robert Thorn- Tlie quhilk dave, as in term assiijnit to Robert Thomson to 

son DroQUcis * .^ ' cj 

thre may wytnes do deligeuce for Barnard Husband and Wyliam Brown wytnes, 

n^vit! and to *^^ ^^ ^^^^""^ ^^^ wytnes that he wyll use in this caus, comperis 
do diligence for Robert and producis Barnard Husband, Wyliam Brown, James 
comperand.] Hagy, ([uhilkis ar resavit sworn and to examinacion admittit, 

in presens of Gelis Moffat and hyr bretheren. And Dauid 
Iluiitut, 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 cHatis. 

Die tercw mens^is Mail anno Domini quo supra. 

[Dauid Huntar The quhilk daye, as in term assiemit to Rol)ert Thomson to 

produced and . , . 

resavit ; and do dilegence for Dauid Huntar, Wyliam Fayrfull and Dauid 

sont^do^"" Mows, comperis Robert and producis Dauid Huntar, quhai 

dilgence for 

ZTl^t'' ■ OmUted. 

Mows.] * yytaro in y\9. '-^ SumwoJ in US. 



ST. ANDREWS KIRK SESSION. 217 

is resavit sworn and admittit, in presens of Gelis and hjn* 
bretheren. And Wiliam FayrfuU [and] ^ 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 «r meims Man aniw quo supra. 

The quhilk daye, as in term assignit to Robert Thomson to [Th« pcrscuaris 
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. 

" •■ - »■.. 

FoUowis the deposicionis of wytnes producit in the caus. [Deposidonis 

1 Robert Brydy, cottar in Priorlethem, wytnes, sworn and ° ^^°^J 
examinat upon excepcion of fomicacion ^ 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. Itenij he deponis that upon ane tym he com to the 
bem in Langraw, fand the dur standand oppyn and past in 
tharat, saw Thomas Anderson lyand in the bem and Gelis 
Moffat also lyand in the bem, upon ane Sunday eftemuyn 
abowt four houris, at the Lammes tyd in the Ixij 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 camall 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 ^ 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. 

^ Omitted. ' Adultery in MS. ' 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, swome and examinat upon the defence of Robert 
Thomson, deponis that, abowt thre quarteris [of ane] ^ year syn, 
the deponar and Gelis Moffat war in thar beddis, into ane 
symmer momyng, into ane^wtschot of Robert Thomsonis hows 
in Langraw, upon fayr daylycht ; and Thomas Anderson ^ 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 * can nocht tell nor discend in sjjecitUl of ony person sche 
wes brutit wyth. Item^ as concemyng the brut betuix Grelis 
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 conniuuid, sche being his ser- 
vand ; and quhen the deponar com furth to the beni, 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. 



* Omitted. - Atuier in MS. ' Be in MS. 



ST. ANDREWS KIRK SESSION. 219 

9 Wylzam Brown, servand to Robert Caluart in Balr^nionth, 
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 wantones 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, ser\'and to James Hagy in Balrymontb, 
wytnes, examinat, sworn upon the sayd defence, be his 
ayth deponis that he never saw ony thing to Gelis Moffat 
that was suspect concemyng 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 Januarit anno Doniini etc, Ixinj} 

The quhilk daye, comperis Andro Moffat, Ihon and Gelis [Andro, Ihon 
Moffat, efter certain delay and avysiment, grantit to tham to fat still desyris 
avyis wyth and to schaw thar determinat mynd, quhidder thai ^n^J^i^®"*" 
wyll abyd at the desyr of mariaisre asked and persewed of deccrnit to tak 

. . . . . to his lawfiill 

Robert Thomson, in favoris of the said Gelis for defloracion of wyf the said 
hyr virginite. The said personis, wyth ane consent and assent, ^*^^^J 
desyris and requiris of the ministerie to decern Robert Thomson 
to tak to his laufuU 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 



^ Lxiij in MS., which is certainly a mistake. 



820 REGISTER OF 

ordenis the partes to be lawfully wamit to Widnisday nixt to 
cum,^ to heir pronuncit in the said caus. 

Followis the decreit. 

[The Decreit.] Wyth^ incalling of the nam of Crist Jesus, Son of the etemall 
and everlevyng God, quho is the way the verite and the lyff, 
we, minister eldaris and diaconis of Cristis kyrk and eongr^a- 
cion of the cite and parroche of Sanctandrois, jugis in the caus 
of impediment opponit, in nam of Gelis MofF[at],* 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]* 
presens of the said Robert Thomson, for offence done be the 
said Robert in defloryng of virginite of the said Gelis MoiFat ; 
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 IHeratorie to pronunce ; the parteis being heyrto laufuUy 
warnit, we — being ryplie avysid wyth the said j)eticion, 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 
deflorjTig of virginis, contenit and wryttyn in the Buk of 
Reformacion,^ and be us resavit observit and put in practik be 
divers decretis of befoir obtemperat be parteis havand interes 

* 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 IVyht in MS. 

' 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. 

* Omitted. 

' * 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 mine 
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 offcndar 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 etemall 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 ^ nixt 
heirefter ; nochtwythstanding the excepcion of fomicacion and 
imclennes 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** \^ Ixv 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. 

I}ie xaniif'^ Jvlii^ anno Domini etc.^ Ixiiy^' 

The quhilk daye, the Superintendent, wyth avyis of his Decrttum inter 
consall, efter tryall takyn anent the public talkyn and evyll ^^ircoi-' 
sayingis betuix Jhon Symson, minister of Kennoquhy, and ^"^ ^^ 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 ohy flatterar as ye ar ! Thir * premissis provjm 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 fojrrsaidis 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 

1 Daye in MS. • T%is in ms. 



222 REGISTER OF 

forgyfnes, offer liym redy to baptyis tlie 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 bame to baptisme, and to acknawlege hymself to 
have ansuerit raschely in sic wordis spekyn to the minister. 

Die sectindo Augusti anno Domini etc. hciiy*^' 

Concordia inter The quhilk daye, Robert Nycholson and Jonat Efflek his 
E^ik, 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 ^ 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 — remitteil hyr upon this condicion, that sche sail 
becum ^ 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 huslmnd, and knawyn 
in suspect cumpany and tharof beis conviyct, Robert to hare 
Ohligacio the sani previlege as this fait war nocht remittit : to the quhilk 

Jonat consentis, and oblesis hyr be this act tharto, and con- 
fessit tlie allegit be Robert aganis hyr; and one hyr kneis 
askit hym forgyfnes, oblesand hyr to be ane trew servand to 
hyui 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, quliar sclie is resident, to be punist 
civile, according to the ordour of that burgh. 

lyie XXV Julii anno etc, Ixitij^*'' 
Lyp.Scot. The quhilk daye, Ihon Lyp and Elizabeth Scot confessis 

^ If. ' Becam in MS. 



ST. ANDREWS KIRK SESSION. 228 

mutuall promys of mariage betuix tham mayd, and, beand 
commandit to procead to solemnizacion, Johan allegis that 
Elizabeth hes brokyn promys, in that sche hes treated James 
[Hayr — 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 apivi 
acta citatis. 



Die secundo Augusti anno que 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]^ Bege 
Donaldson atteched and nocht comperand, Elizabeth Scot con- 
sentis thai be had for resavit and admittit.^ 



Die secundo Augusti anno quo supra. 

The quhilk daye, Wyliam Walcar and Jonat Kyninmonth, waicar 
dilatit for fornicacion committit betuix tham, called and com- Kyninmonth. 
perand thai confes the sam ; and for that fait ar monist [to] * 
desist tharfra in tym cuming ; and for thar occasion of sclander 
gevyn ar ordenit, this nixt Sunday, in the public essemble of 
the kyrk befo)T nuyn, duryng the tym of the sermon, to syt 
upon the penitent stuU, 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. 

^ This entry is followed by a blank, reserved, apparently, for the conclosion 
of the case, which has never been filled in. 



( 



224 REGISTER OF 



Die aroiij AprUis anno Domini etc. brv^ 

iicar. The quhilk daye, Jonat Kyninmonth of new delatit as 

linmontb.] gugpgct wyth Wyliam Walcar, be banting and frequenting 
cumpany together, in drynkyn, and wescbing bis cktbis, and 
tbarof accusit, tbe woman confessis tbe frequenting of cumpany 
and drynkyn and wescbing of bis clatbis, purgis byr of camall 
dayll. Thai ar monist, for tbe secund monicion, that thai be 
nocht seyn nor knawyn to frequent otheris cumpany ony way 
in tym cuming. 

Die xxiiy*^ Augtisti anno etc, Ixiiiy^- 

lis, The quhilk day, Wyliam Peblis, son of Dauid Peblis in 

linmonth. Lammelethem, called and acused for defloracion of virginite 
of Besse Kyninmonth, dochter of Wyliam Kyninmonth in 
Kynglasse, in presens of tbe said Wiliam confessis the sam. 
And Wiliam refnsis simpliciter to geve his dochter in mariaige 
to Wyliam Peblis, and becaus he hes nocht in geyr to paye byr 
towcher, it is finale aggret betuix partes that Wiliam Peblis 
sail resave the bam 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 byr father of 
all coistus and cherge tbarof. And Dauid Peblis, fader of the 
said Wyliam, hes acceppit upon hym the burding and cherge 
of the sayd bame. Tbe 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 tbe ordor of the kyrk, and to absteyn fra all fylthines in 
tym cuming under pan of disciplyn in saier maner. 

Die penultimo Augtisti anno prescripto, 

j^Bxxum of '^^ quhilk daye, it being understand to the ministerie that 

Dond the parentis of Edmond Haye and Gressell Guthre, now efter 

neUGutbre. 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 camiall 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 F^ta. 
thai salbe requirit be the minister, acknawlege thar oiFencis, 
humyll tham selfis one thar kneis, ask God mercy and the con- 
gregacion forgyfiies ; and absteyn fra all camall copulaeion and 
suspicion tharof quhill thar mariaige be soliemnizat. 

Die xiy Septembris anno Domini etc. hciiy^^^ 

The quhilk daye, Johan Wyliamson and Cristen Dyk dilated Satisfejcdon of 
called and accused for fornicacion committit betuix tham, befoyr son and Cristen 
ony laufuU promys of mariaige mayd betuix tham knawyn to ^^^' 
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 selfis 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 XXV Octobris anno quo supra. 

The quhilk daye, Jonat Sm3rth askis Jhon Gardinar, servand Satisfacdon, 
to the Lard Cambe, to be decemit to present ane madyn bam smyth,%>riii- 
gottyn betuix tham to baptisme, and to concur wyth hyr anent ^^^o"*- 
the educacion and upbryngyn of the said bam. Ihon, dowtyng 
the bam nocht to be gottyn be hym as he allegit, desyrit the 
ayth of Jonat tharupon. Sche, sworn, and in his presens 



826 REGISTER OF 

examinat deligentlie, deponis that he is father of the said bam ; 
and that sche never had camall 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 forgyfhes, &c., and efter nuyn, 
Ihon to present thar bam to baptisme. And bayth ar ordenit 
to mak public satisfaccion in ony other kyrk quhair thai have 
gevjm occasion of sclander, ather be committing of thar fomica- 
cion, or quhair thar bam wes bom. And Ihon Sibbald is 
causion for Jonat, and Ihon for hymself. 
Satisfiuxdon of The quhilk daye, Johan Symson marchand and Besse 
jnJJlJJS^d Frostar, dilated and convict of transgression of the ordor of 
Besse FVostrar. \}yq kjrrk, in that thai have knawyn other camaly efter promys 
and befoir solemnizacion of thar mariaige, ar ordened to mak 
public satisfaccion befoir solemnizacion of thar mariaige, accord- 
ing to the ordor resavit and observit. 
Sdiyr Patryk The quhilk daye, Schyr Patrik Fergy, delated and summond 
J^^*^ 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 Tulebame ^ fra thar parroche 

kyrk, oft tymmis called and nocht comperand, he is notit 

contumoTy and ordenit to be summond for the secund monicion 

Uteratorie, 

Sdiyr Ihon The quhilk day, Sch)T Johane M oreson, efter his recantacion 

ti{*lISio'bI°^" admittit reader in MithyU,« delated, and summond be the 

exoommunicat 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, abusjTig the sam in privat 

howsis, as also in the kyrk yard, about the kyrkyard dykis, and 

resavyng fra ilk person that communicat ane penne;* and in 



> TulUbardine. « Probably Muthil in Perthshire. 

' 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 
Gaimside, 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 
t3rmmis monest to desist tharfra under panis of exeommunica- 
eion, now wordely mentis the sam to be exeeut aganis hym ; 
and sa decretit to be used. 

The quhilk day, Schjrr Ihon Stephyn delated, and summond Schyr ihon 
be the Superintendentis ^ letteres to this day and session to phanar of 
underly diseiplyn, for dayly ministracion of the sacramentis ^^^]^JJ^^ 
and solemnizacion of mariageis on the Papisticall fasson in the 
ehapell of Sanet Gormoo, ane prophane hous suspendit ; and als 
for mantenyng of ane huyr in his cumpanye, quhai hes bom to 
hym twa bamis, as yit unbaptisit except it be by hymself or 
sum other Papist prest. He, oft tymmis callit, nocht com- 
perand, is notit contumaa:, and to be summond agane for the 
secund monicione. 

Die primo Novembris cmno Domini etc, Lciiij^^' 

The quhilk daye, Thomas Kenzoquhy and Jonat Rynd Kcnzoqtihyand 
summond be the Superintendentis letteres to this day and ensconiumaces, 
session, to underly diseiplyn for adultery committit betuix 
tham — the wyf of the said Thomas beand one ly ve, the said 
Jonat nevertheles wes fostered in his hows and wyth bam to 
hym. Thai called and nocht comperand ar notit contumaces. 

The quhilk daye, Jhon Tod and Jonat Rynd delated, and 7^ ^^^^ 

* •' . . , z fonucatons. 

summond to underly diseiplyn, for fomicacion 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 * last wes, he, believyng [hjrr] * 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 : 
* Ou aye, sir, a penny I * 

^ Superindentis in MS. 

' The Sunday preceding Palm-Sunday. See Brand's Popular Antiquities^ 
1 8 10, pp. 361-367. • Omitted. 



sas 



REGISTER OF 



he dissavit; quharfor he hes repudiat hyr ira his hows and 
cumpany wyth hyr barne; and Thomas Eenzoquhy, acknaw- 
ledg3mg the barn to be his, hes caused the sam to be baptised 
in his nam be [6bnA:] Lawson, minister of ^ Mockartse,' 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,' Jonat Rynd, 
and Lauson, minister, to be summond to se probacion producit, 
and tham to be punist tharfor. 

Die xocij Novembris anno Domini etc. Ixiiij^^* 

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 lies gevyn hyr body and consavit barne, efter promys of 
mariaige mayd betuix tham privatle as sche allegis ; the 
ministere, understandi ig thir personis to be sister and brether 
bamis and tliat the man is absent, chargis Jonat to be present 
this nixt Wednisday and the man wyth hjrr, for tryall to be 
had toward his part in this mater. 



Satisfaccion 
and inhibecion 
of Scot and 
Mont. 



Die penultimo Novembris anno Domini etc, Ixiiij**'' 

The quhilk daye, Johan Scot and Jonat Mont, fomicatoris 
and sisteris barns, ar ordened this nixt Sunday for disciplyn to 
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.^ 



1 Ofof'm MS. 

' The first minister of Muckersey given by Scott is John Row in 1574; the 
parish has long been annexed to Forteviot [Fasti, ii. 642). • Stc, 

* 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 Dion Rychard- Satisfaccion of 
son in Bonetoun of the admission of his child to baptisme, efter excom- 
the Superintendent and ministerie beand certifyed be Master ™»^c*cio"- 
Wyliam Scot, minister of Carnbe,^ and exhibicion of sentence 
of excommunicacion execut aganis the said Ihon Rychardson, 
be ordinance of the ministerie of Cambe, for his contempt and 
inobedience of the said ministere of Cambe, in the moneth of 
December in the Ixij year, the said Ihon for that tym beand 
parrochinar in Cambe ; 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, wjrth 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 Cambe* 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 con- 
tempnar. And siclyik to stand in sum public place of the 
kyrk of Cambe, 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 forgyfhes. And he to be resavit in the bosum of 
the kyrk, be the minister and eldaris present in nam of the 
hoU kyrk ; and heirupon procur testimoniall to be presentit to 
this ministere of Sanctandrois, and efter sycht tharof his bame 
to be admittit and resavit to baptisme. 

Die tercio Januarii anno quo supra. 
The quhilk day, the clam of mariaige, be verteu of promys Peticio Bro^n, 

manage of 

Fowlis. 
for ordour to be taken therein ; in the mean time, that men take not libertie to 

themselves according to there fleschly filthie affectiouns ; 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 * {Bao^ 

of the Umversall Kirk, Ban. Club, i. 62). 

^ Hew Scott gives no minister of Cambee before David Spens in 1567 (Fasti, 
ii. 411). 

^ Canbe in MS. 



2S0 



REGISTER OF 



allegit mayd befoyr wy tnes, 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 preT 
the promys. Parteis hejrrto summond apud acta. 



Decretof 
mariaig betniz 
Iboo Fowlis 
uidMirabdl 
DTOwn. 



rlis. 



SaHsfaccio^ 
Fowl 



Die X mensu 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, 
oomperis 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 Ixiij year, befoir nuyn, in the 
hows of James Grourlay 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 
decemis the said Jhon Fowlis to solemnizat mariaig wyth the 
sayd Mirabell Brown wji;hin xl dayes, under pane of excom- 
munieacion ; and Dion to mak public satisfaccion in the kyrk 
this nixt Sunday, for other promys mackeyn wyth Eleyn 
Watson quhilk in the self is null. 



Anent the mari* 



Die decimo Januarii anno Domini 1564. 

The quhilk daye, anent the stop of mariaige betuix Thomas 
a^^ of Thomas Moncur and Eleyn Steward, Lady Lindesaye,* mayd be twa 

Lady Lindesay. 

^ StUisfacco in MS. 

' Helen Stewart, second daughter of John, second Elarl 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 Dcuglas's Peerage^ 1813, L 141, 385). 
Squire Meldrum pathetically exclaims in his Tesiament : — 

' My Lord Lindesay, adew abone all uther ; 
I pray to God, and to the Virgine Mane, 
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 wbhed to re-enter the married state. 



ST. ANDREWS KIRK SESSION. 231 

myssyvis of Patrik, Lord Lindesay,^ 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 cans, 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 ^ 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 kjrrkis 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 o{ [Largo — deleted] the ministerie of Largo, upon 
Sunday the xxj of Januar instant, and thar in speciall geve in 
the impediment in wryt, quhilk 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 
contentis of the foyrsaidis myssyvis. 

The quhilk daye, Wiliam Lawson and Bese Jak, fomicatoris, Lawson, Jak 

^ -^ & » y fomicatoris. 



^ 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). 

' xiiiij, in MS. 



232 REGISTER OF 

wylling to marie together, ar ordened to mak satisfisuxnon 
according to the ordor of disciplin in this kyrk. 

Die xxiiif^^' Januarii anno quo supra. 

Ramsay. Zowii, The quhilk daye, Rychard Ramsay talyour and Eufam ZowU, 
fornicatons. fomicatoris, 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 bam after nuyn to 
baptisme ; and Eufaip tharefter to resave the bame and ether 
hyrself foster the said bame or procur to it ane foster mother 
suflScient; and Rychard to concur in equall expens wyth Eufam 
anent the educacion of the bame. 



Die penultimo Januarii anno quo supra, 

Svmson and The quhilk daye, Walter Symson and Eufam Macke delated 

muut io*magis- *^^ acused for foraicacion wyth perseverance of huyrmongyn 
tratis. committit be tham. Thai bayth confes the sam, quharfor tiie 

ministerie be supplicacion committis tham to be punist civile 

be magistratis. 

Watson and The quhilk daye, Henry Watson, cuk to the Bischop of 

^^^^ ^° Cathnes,^ and Gelis Symson delated callit and accusit for fomi- 

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 decemis 
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. 



^ 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 Law^ 1842, i. 531-542). 



ST. ANDREWS KIRK SESSION. 233 



Die xxj Februarii anno Domini etc, Ixiiy'^' 

The quhilk daye, anent the delacion gevyn in aganis Andro Satisfaccion of 
Duncan and Besse Duncan, tweching the horribill incest com- Duncan for 
mittit betuix tham manifestit be procreacion of ane child betuix ^°^^^ 
thaim, the woman beand the relic of umquhill Dauid FyflF 
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]^ the disciplyn to be injineit to hyr. 
The Superintendent, wjrth 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 tjrm cuming, humyll thamselfis on thar kneis, 
ask God mercy and the congregacion forgyfhes; and, in the 
sam maner, thre Sundayes, mak the lyik satisfacion in the kyrk 
of Sanct lohnstoun,^ 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 Duretum 
M akcullo and Catrin Angus,and impediment to stop the sam pro- ,-^/^ M^vih 
ponit be Jhon aganis Catrin, the Superintendent and ministerie, ^^^^^S^- 
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 camall 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]^ and nocht 
provyn. 



Omitted. ' Perth. 



>iim. 



834 REGISTER OF 

Die xxy mensis Augusti anno Domini 1565. 

iSSwm'^ The quhilk daye, James Be3m8ton,apperand of Lammelethem,^ 
andji Hep- and Joanna Hepburn, dochter and naturall of Patrik, Byschop 
of Murray,^ 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 cans 
quhy^ 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 majmtym of the allegit contract, promys, or 
gevyng of consent to the proclamacion of bannis tharof, the 
said Joanna wes constranit and compellit be just fear and dredor 
that mycht fall in ane constant mai, and that be Patrik Hep- 
bum, parson of Kjmoyr,^ my brother, wyth sic wordis, pronuncit 
be h3rm wyth ane vehement and aufuU 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 

* Omitted. 

* Lamboletham, now in Cameron, was then in the parish of St. Andrews. 

* 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 commendam. 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 BibU, 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 
Aforaznensis, Ban. Club, p. xvi.). 

* Quhy quhy in MS. 

* 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. 236 

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^ 
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^ to geyf hyr ayth of calumpne, gjrf sche 
hes just caus to propon and allege the foyrsaidis defensis; quhilk 
desyr the sayd Joanna obeyit and fulfillit in gevjmg hyr ayth, 
and be the sam aflirmit sche had just 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 h3rm and the sayd 
Joanna, his father commandit hym to consent tharto, or ellis he 
suld never get^ 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 xooiw Augusti anno Domini etc, hrv^^- 

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 * 
Andro Bowey, hyr procurator be hyr mandat, and producis 

' Stickled. ' Ikon in MS. 

* Giid in MS. * Comperis comperis in MS. 



286 REGISTER OF 

Wyliam Cwnygham of West Bernis, Thomas Wod sumtym 
monk in Lundoris, Wiliam Lermonth in Scone, Wiliam Mone- 
penny citiner in Sanctandrois, Issobell M ortomi Lady of Bemis, 
Elizabeth Monepenny relict of Andro Wod, quhilk ar resavit, 
suom and admittit, in presens of James Beynstoun, and 
instantle examinat. Of the quhilkis thar deposicionis followis. 
[Depoddonisof Wyliam Cwnygham of West Bemis, wytnes, sworn and 

1 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 ^ 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. /fern, 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* 
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 majrr. 

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 h}!* cuming fra Sanct 



^ Excuses. 

' *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 Fifes hire, 1845, P- 3^5 )• 



ST. ANDREWS KIRK SESSION. 237 

Jhonstoun to Strawethy, had na consent of hyr father and wes 
dissavit be Patrik Hepburn h}!* brother that brocht hyr. 
Causam sciencie reddit^ the deponar hymself wes send be Patrik, 
Bischop of Murray, father to the said Joanna, sa son as he gat 
w)rt 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 reddtt^ 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 hjrr in 
Em, gyf sche consentit nocht to mary wyth James Beynstoun. 
Item^ the deponar affirmis the greting and tearis of Joanna, 
mayd bayth befo}!* 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 Joanna ; 
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 sajrr, and at lenth saw hyr cum wyth ane drery and 
sad contenance, [with] ^ tien,^ and waykly wyth law voce con- 
sent, and be support of Patrik gev furth hyr hand : and kennis 
na mayr in this cans. 

Jssobell Morton, Lady of Bemis, wytnes, sworn and examinat, 
be hyr ayth deponis that sche hard Joanna Hepburn say ^ 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 t)rm Joanna 
Hepburn burst owt wjrth greting and tearis; quhilk seyn be 



Omitted. ' Sorrow, vexation. ' Sayd in MS. 



S38 



REGISTER OF 



Declaradon of 
nullite of pre- 
tendit promys 
betuix Beyns- 
ton and He 
bum. 



[ep- 



the deponar, sche departit fra tham, beand disparit of ony 
gud succes to follow upon sic beg3mnyn. Iteniy 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 ^ thai suld harll hyr at ane hors 
tayll : and kennis na majrr in this mater. 

Elizabeth Monepenny, relict of Andro Wod, wytnes, sworn 
and examinat, be hyr ayth deponis, and is conform to Issobell 
Mortoun wytnes immediet preceding. 

The quhilk daye, the Superintendent and ministerie, avysit 
wyth this proces preceding, findis and understandis that the 
pretendit promys of mariaig betuix James Beynston, apperand 
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 wyllipg consent, bot mayd throw fear of thretnyngis, wyth 
wepying and lamentabyll contenance, dissavit be meanis of 
Patrik Hepburn, parson of Kyno}^, hyr brother, unratefyed be 
hyr in ony sort sen syn, and tharfor in the self nul and non 
effectum : * 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 decemis testimoniales to the parteis, &c. 



Cognidone 
anent the barn 
of Cristen 
Flukar allegit 
to perteyn to 
Mr. Danid 
Meldrum. 



Die septimo Februarii anno Domini etc, Ixiiij^^- 

The quhilk daye, Cristen Flukar, servand sumt3rm to Mr. 
Dauid Meldrum, delated to be wyth bame, sche nocht mareit 
and the father unknawyn, and fugytyve efter knaulege had of 
h}!* 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 foUowis. The said James in his ansueris, in 
his conscience, confessis that his brother, Thomas Chesolme, 



Although. 



' Offectum in MS. 



ST. ANDREWS KIRK SESSION. 239 

dwelland in Strolsownd, arryved at Dundei fiirth of Ducche 
land at the Rud-day,^ in Maye last wes, or tharby, and 
remanit in Scotland the space of ane moneth, and than departit 
toward Strolsownd ; and in the t3mi 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 camaly ; and heirefter abowt viij dayis efter the nixt plj^"' 
Lammes, 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,* this instant year of Ixiiij. Quhilk 
deposicion wryttyn, the Superintendent monest James Chesolm 
to Vompeyr this day xv dayes, befoyr hym and the ministere in 
thar essemble, quhen Cristen Filukar wes hayll, and caus hyr 
cum wyth h3rm : to the quhilk he consentit. 

Die xxj FebruaHi anno quo supra. 

The quhilk daye, as in term assignit to James Chesolm to Chesolm, 
compeir and wyth hym Cristen Flukar, comperis James Chesolm ^^"^• 
and excusis the absence of Cristen be impediment of instant 
tempest and storme of snaw. Quhilk excus considerit and 
admittit, the Superintendent n^|^t James to compeyr this 
day XV dayes and bring Cristen Flukar * wjrth hym. 

Die septimo mensis Marcii anno Domini etc, laniif'^- 

The quhilk day, as in term assignit to James Chesolm to Chesolm, 
compeir and bring wyth h3rm Cristen Filukar, comperis James 
and allegis he hes put the said Cristen fiirth of his hows ; and 
be his ayth deponis he wa)rt nocht quhar sche is at this present 
tym, and at na other person nor Cristen Flukar required h3rm 
to treat the said Cristen, nor to be wytnes at baptisme to hyr 
bame ; 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 



^ The 3d of May. « The 26th of December. » Flak 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^xFlaro*^- 

Chesoim, The quhilk day, efter that knawlege wes gottyn that Cristen 

FiSj^i^' Filukar, sa lang fugityve, wes duelland in Dunde, and had 
confessed to Dion Kynlowch, hyr master, that the bam be hyr 
borne wes begottyn betuix hyr and Master Dauid Meldrum, 
the said Master Dauid beand wamit to ansuer for hymself ; 
and also James Chesoim, 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 fo3Tsayd, 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 Chesoim 
anyvit 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 cans, that be the sam he may be 
convict of perjure and underly disciplin, and [be] ^ committit to 
the Justice be supplicacion to be puncst as the crym of fals W3rt- 
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 gottjni betuix tham, as the said Cristen hes confessed ; 
quhilk Mr. Dauid stowtly denyis hym to be gilte of the sayd 
accusacion, and oflTerred hym pron and redy to geve his ayth 
of calumpne. The Superintendent and ministere ordenis the 
said Mr. Dauid and James Chesoim 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] ^ caus Cristen Flukar to compeyr 
the sayd Wednisday. 

> 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 ai 
takyn anent the barn bom be Cristen Flukar for knawlege of n°k^.'°'' °^ 
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 hjrr 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 ^ ane momyng, his wyf beand at 
Sanct Leonardis prayeris,* he called upon the deponar to gyf 
hym his clathis, at quhilk tym the said Master Dauid f3rrst 
knew hyr carnaly, and that wes in the begynnyn of Lentron in 
the Ixiij year; and siclyik the said Master Dauid knew hyr 
carnaly twa syndry momyngis in his awyn bed, his awyn wyff 
ane of the sayd t3rmmes beand in Dunde. Iteniy the deponer 
confessis that efter sche wes knawyn to be wjrth barne. Master 
Dauid schew to hyr that his wyff endlit upon h}!*, and desyrit 
hyr to depart of the town ; and also deponis that the wyf of 
Mr. Dauid, knawing h}!* wyth bam, sperit at hyr quhai wes 
father to hyr bam ; and the deponar ansuerit that the father 
of hyr bam was nocht in Scotland ; and sa be that meanis sche 
bayd still in hows of Mr. Dauid quhill Mart3rmes at hyr term 
com. Item^ sche deponis at the term of Marty mes beand cum, 
at consayll and desyr of Master Dauid, sche past haym to hyr 
fatheris hows; and befo3rr hyr departing resavit fra Master 
Dauid XXX s. to mak hyr expensis, and sustenit h3rr tharwyth 
quhill sche wes lychtar ; and xiiij dayes efter sche wes lychtar, 
the deponar caused the vicar of Crech wryt ane byll in hyr 

^ An in MS. 

' 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 ' 
(Melviirs 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 supra, pp. 76, and 103, n. 

a 



242 REGISTER OF 

nam to send to Master Dauid, wythowtjn mencione of his nam 
tharin, and send the sam byll to Master Dauid wyth hyr fifiither; 
and efter Mr. Dauid had resavit the byll fira hyr father, James 
Chesolm in Scottiscrag com to Cowpar, and thar sowcht hyr 
father and met wyth hym, and sperit at hym gyf he had ane 
dochter lyand in child-bed, quhai confessied sa to be. And the 
sayd James requirit hyr father to cans the deponar cum and 
meit hym the nixt Sunday, at Sanct Talis kyrk^ wyth hyr 
bame, and he suld gar baptjds the bame; 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 nodit 
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^ father tald to 
hyr. Item^ the said Cristen [deponis] ' 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 k3rrk-yard ; quhai excused hym be absence of the minister 
of that kyrk that the bam wald nocht be gottyn baptised that 
daye ; and bald hyr be of gud comfort for sche knew the father 
of hyr bame had na may bamis, and he wald do * weyll to hyr 
barin and to hyrself. Iterriy the said James Chesolm, tym foyr- 
said, in presens of the said Cristen Patton, hyr brother wyt^ 
duelland in Corbe-hyll, requirit the deponar to father hyr bame 
upon Thomas Chesolm, his brother ; and tackis upon hyr con- 
science and sauU, 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 forgyfiies 
and hyr barn to be baptised. And the deponar beand in- 
struckit be James Chesolm, quhen sche wes required be the 
minister quhai awcht hyr bam, sche ansuerit Thomas Chesolm 
wes hyr bamis father. Item^ efter baptysing of h3rr bam, the 
deponar returned wyth hyr bam to hjrr faderis hows, and 
remanit thar quhill the Lard of Kjmayr send for hyr to inquir 



^ See su^a, p. i8o, n. 3. » His in MS. * Omitted. * 7"^ in MS. 



ST. ANDREWS KIRK SESSION. 243 

of hyr bamis father. And sche adverteist James Chesolm 
tharof, quhilk James causit hyr wyth hyr bam 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 bam ; and instruckit hyr of mony thingis that he 
desyrit h3rr 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 bame in 
his hows ; and efter that the deponar com agan to the hows of 
James Chesolm, and desyrit hyr bam to be deliverit to hyr, 
the sayd James refusit to deliver to hyr hyr awyn bam, bot 
wythhaldis and mantenis the sam. Iteniy the sayd Cristen 
deponis that befo}!* sche wes lychtar, sche revelit to Cristen 
Patton, hyr gud-sister, that Master Dauid Meldrum wes father 
of hyr bame. Itenij 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 bam, 
or sche com to the hows of James Chesolm.^ 



Die septimo Februarii anno etc, laniij '*'• 

The quhilk daye, Dauid Trumbull and Agnes Peblis delated, Satisfeicdon of 
called, accused, and convict of fomicacion committit betuix pebUs fornica- 
tham, manifestat be procreacion of ane child betuix tham and ^°"^ 
confessed. Thai ar ordened* to mak public satisfaccion in _ 
the essemble of the kyrk, and pay x s. to the box of pu}!*, and 
thar child to be resavit tharefter to baptisme. 

The quhilk daye, Baltasar Spens,* exortar in Kynowll, Deprivadon of 
delated and summond to this session be the Superintendent iifKynowiL 
letteres, to heyr hym decemit to underly disciplyn for abusing 
of his office and vocacion, in baptising of al bamis indifferently, 

^ The remainder of the page is blank in the Register, as if left for the con- 
dusion of the case. 

' Orden in MS. 

' D, Balthasare Spens, notario publico, witnesses a charter at Rossye, on the 
3d of December 1556 (Register of Great Seal, iv. Na 1130). 



244 REGISTER OF 

and divers others noicHus and wechty offends, and nocht com- 
pound, is worthdy deprint fira his office be Superintendent.^ 
Lav- The quhilk daje, James Myllar and Jonat Lauder delated 
^'^^'^callit and accused for fomicacion committit betuix tham. 
The woman confessis, and alibis secret promys of mariaige 
preceding the camall copuladon. James denjds 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 
camaU 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^Lrv**. 

1 Scot The quhilk daye, Niniane Smart and Catrin Scot, summond be 
the Superintendentis letteres, delated and accused for transgress- 
ing of the order of the kjrrk, and occasion of sclander gevyng to 
otheris, in that thai, after mutuall promys of mariaige befoyr 
solemnizacion tharof, hes kepit and hald3m 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 Wjrtsundaye, 
under pan of excommunicacione. 

Die ay mensis Jprilis anno qtio supra. 

riof The quhilk daye, James Adeson in Arneill and Elizabeth 
^Bowy delated called and accused of fornicacione, manifestit 
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 hjrr, and quitis and renuncis 
manage of hym, sche being dischergit of the burdyng and 
educacion of thar bame. And James oblesis h3rm to resave 
the bam, and accept upon hjrm the educacion and expens of 
the baxn, and to pay* x lib. to Elizabeth, tharof v lib. in hand, 

^ The contraction {ox per is repeated in MS. ' To pay to in MS. 



nica 



ST. ANDREWS KIRK SESSION. 246 

and fynd caucion for the other v lib. 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 xarv^^ Jprilis anno quo supra. 

The quhilk daye, Robert Watson, servand to the Bischop Watson and 
of Caytnes,^ and Margret Greiff, servand woman to Thomas tons commiitit 
MeflTen, dilated for fomicacion and wamit to this essemble; 
and nocht comperand, thai ar notit contumaceSy and committit 
be supplicacion to the Provest and balles of Sanctandrois to be 
punist civile, bayth for thar fomicacion and inobedience. 
JCij SeptembriSy Margret Greif is resavit and admittit to public Grcif admitUt 
satisfaccion for hyr fomicacion committit wyth Robert Watson, 
and hyr bam resavit to baptisme. 

Die secundo Mali. 

The quhilk daye, Jhon Leis and Margre Walcar delated Leis, Waicar. 
caUed accu8ed and convict of adulter committit betuix tham, S2S?r^~"- 
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 Octobris 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 scot."^ 
Senze-fayr* of Sanctandrois last bypast, that Jhon Leis hyr 

^ See supra, p. 232. 

' In 158 1, ' oure Soverane Lord and thrie estaitisof 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 Seinde 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- 
landy iii. 239). It was held in the cloister of the Priory (Martinets Jieliquiae 
Dim AndreaCy p. 188). 



246 



REGISTER OF 



husband had committit adultery wyth Jonat Walcar, quhilk 
offence for h}^! part sche hes remittit wyth hyr hart and is 
reconcilit wyth hym. 



Die secundo mensis Mali anno etc, Ixv, 

OS and The quhilk daye, Thomas Beins and Besse Smyth his spews 

th moncst, ^ monest be the ministere to adhear in mutuall cohabitacion 
incontinent, under panis of excommunicacion. 



liamson 
>lvit fra 
erance to 

L 



Die XXV mentis Mali anno quo supra. 

The quhilk daye, Dauid Scot and Eufam Wyliamson, beand 
delated to the Superintendent in his visitacion for nocht adher- 
ance nor preceding to solemnizacion of thar mariaige, beand 
under promys of mariaige and camall 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 camall 
copulacion betuix the sayd Dauid and hjrr, 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 hjrr; and tharfor askis hjrr 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 hjrm to hyr. 
The Superintendent, avysed wyth the defens and ansuer and 
confession, absolvis Eufam fra adherance and preceding 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^ the clam of mariaige perseuit be Issobell Rynd of Ihon ^^^1^^^™^ 
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 followit 
tharupon betuix tham ; and heirfor the Superintendent decemis 
and monesis the saydis Ihon Gardinar and Issobell Rynd to 
proceaid in solemnizacion of thar mariaige wythin xl dayes 
under pan of excommunicacion. 

Die xv'" 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 ^^^v™f,Sd 
underly disciplyn of the kyrk and correccion of the magistrates caucx)nv mar- 
betuix this and Alhallow-day* 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 quiien sche salbe requiret. Heyrfor thar bam to 
be baptised. 

Die xanx Jugusti anno Domini etc, Ixv^^- 

The quhilk daye, Andro Weland, in Kylrynne, and Anne Weland, 
Anderson, inhabitant in Sanctandrois, delated, callit and accused contoct"' 
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' 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 bam to be resavit to bap- 
tisme efter nuyn. 

Die quinto mensis Septembris anno Domini etc. Ixv*^- 

The quhilk daye, Patrik Lokarid and Cristan Thailand beand Lo^d. Thal- 
summond be the Superintendentis letteres laufully to compeir 

» Amnt amni in MS. ' 1st of November. • i8th of October. 



248 REGISTER OF 

in this e«emble, to heir tham decemit to proceid to solemnixa- 
cion of mariaige contract betiiix tham, or ellis ether of tham 
to schaw ane ressonabill cans quhy thai sudd nodit 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 mutuaU 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 
Kyngom Ester and otheris wytnes; according to the quhilk 
promys he for his part is wylling to procead to solenmizacion 
of mariaige, and that thar bannis be proclamit according to 
the ordor of the kyrk. And seing thar is na caus all^t 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 solenmizacion of mariaige wyth 
hjrm. The Superintendent admittis the all^acion of Patrik 
to his probacion, and statutis to hym literatarie to prev the 
sam as accordis of law. 



Die xij Septembrut 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,^ Wyliam Boswall, Dion K3rrkaldy, eldaris of Kyngom, 
and James Nycholson, of dayt the x day of September instant. 



* Biggar, who had been a member of the chapter of St. Andrews before the 
Reformation, was admitted minister of Kinghom in 1564, and died in 1605. 
His son Mr. Thomas, reader in the same parish, suffered for non-conformity in 
1621 (Booke of the UniversaJl Kirk, Ban. Club, i. 222 ; Scott's Fasti, iL 543). 



ST. ANDREWS KIRK SESSION. 249 

In payn of nocht comperance of the said Cristein, the Super- 
intendent, avysed wyth the testimonial! ^ and twa generall im- 
pedimentis specifyed tharin obecke^ 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 cans, sche to be 
hard and term to be assignit to hyr to prev the sam deuly as 
efferis. And gyf na relevant nor speciall cans 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 detfiill ordor. 



Followis the tenor of testimonial! producit. 

Master Thomas Byggar most emistlye 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 testimonial! 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 
Kyngome, 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. 



260 REGISTER OF 

perfyt mariaig wyih 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 
dejni 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 bannis 
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 Boswall, Thomas Byggar minister of 
Kyngorne, Ihon Kyrkaldy, lames Nuchalson, wyth my hand 
at the pen. 

Die septlmo Novembris anno etc, larv^^, 

Decretum The quhilk daye, efter that the ordinance of the Superin- 

inter Lokard ei tcndent specify ed in the act oclj Septcmbru 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 hes 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 thing allegit or spokyn be ony of the saidis parteis. 



ST. ANDREWS KIRK SESSION. 261 



Die Qoij Septemhris anno quo supra. 

The quhilk daye, Jhon Comfut is absolvit fra the clam of Comfm 
mariaig persewit of hym be Jonat Wylson, and the sayd Ihon *^'°^'"'' 
set at liberte to marye in the Lord wyth ony lawfull partye. 

Die xxvj Septemhris 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 pr^J^j ^^^ 
of Dion 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 WoUwod ^ 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 Repdled. 
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 bame laytle borne to present the sam to bap- ^ «ynnong. 
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 bame or nocht. Besse sworne, and in 
his presens examinat upon syndry headis, sche deponis the 
bame 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 Satisfaccione. 
Sunday in the essemble of the congregaxiion, thar bam to [be]' 
baptised efter nuyn, referryng civil punischment to be execut Committit. 
oganis the saidis personis, be the magistratis, as huyrmongaris. 

^ Admoiat in MS. 

' David Welwod was the son-in-law of John Motto, having married his 
daughter Janet {.Abstract of the Writs of St. Andrews^ No. 139). 
' Omitted. 



S52 



BEGISTER OF 



Russell, 

iCynnmontbi 

!^dop. 



Die X Octohris^ anno Domini etc. izr'*- 

The quhilk daye, Thomas Russell and Cristen K3mnmonth 
accused for fomicacion committit betuix tham. Thai bayth 
confes camall [dayll]^ 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- 
nail 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 
camall 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]^ Wednisday the xxiiij of October 
instant ; and Dauid Ledop to be summond to compeyr the 
sayd day, for farder try all 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 camall 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 decem hym 
to have liberte to mary wyth ony other laufull parte and pro- 
testis tharfor. 



Die xoAiij^^ Odobris anno gtio supra. 

The quhilk daye, as in term assignit to Dauid Ledop to be 
]J5^^^ gf summond, and to Thomas Russell and Cristen Kyninmonth 

* Omitted. 



ST. ANDREWS KIRK SESSION. 263 

wyth thar fatheris to compejrr, for forder tryall to be takyn 
anent dowbyll promys of maruaige wyth camall 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^ upon thes declaracion of the verite con- 
cemyng 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 hes 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^ 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]* liberte in the Lord to 
mary ony other lawfull parte. The Superintendent, wyth the 
avyis of the ministerie, avised wyth the hoU proces and confes- 
sionis of parteis, findis that Cristen Kyninmonth, be gevyng of 
hyr body to Dauid Ledop, efter promys and camall 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 belevjmg 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 gajm : and heirfor 
pronuncis and decemis 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 Superintend in MS. * And and 'm MS. • Omitted. 



254 



REGISTER OF 



Reconsiliacio 
Ledop et Kynn- 
month. 



Sunday in the public essemble of the congregacion of the kyrk 
of DininnOy 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 
gevyn to thir decreit, the saydis Dauid Ledop and Cristen 
Kyninmonth war reconsiled. Dauid remittit Cristen and re- 
savit hyr in favor and solemnizat the band of mariaige wyth 
hyr, requirand and obtenand the consent of the kyrk tharto. 



Lawson, 
Powcrd, forni- 
catoris com- 
mittit 



Die xocvnj mensis Novembris, anno Domini 1565. 

The quhilk daye, Jhone Lawson, baxtar, and Bege Powerd 
delated, callit, and the man accused of fomicacion committit 
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 fomicatorix wyth Dauid Layng, and 
now wyth Ihon Lawson. Thai bayth confes thar offensis foyr- 
saydis, and ar committit to the magistratis to [be]^ punist 
civile according to the law, quhilk being put in execucion thar 
bame to be baptised. 



Watson, 
Cowpar, forni- 
catoris com- 
mittit. 



Die quinto Decembris^ anno Domini quo supra. 

The quhilk daye, Wyliam Watson, cordinar, and Bege 
Coupar delated, callit and accused^ for fomicacion conunittit 
betuix tham. Thai confes. The woman allegis promys 
mutual of mariaige betuix tham. Wyliam denyis the sam, 
referrit to his ayth and he swome, purgis h)Tn, and is abspjvit. 
Bayth the parteis committit to the magistratis, to be punist 
civile according to the law for thar fomicacion foyrsayd. 






Di€ xij mensis DecembriSj anno Domini etc. Lw^^- 



The quhilk daye, Mathow Dwplyn, cordinar, inhabitant in 
iomica- Sanctandrois, efter mutuall promys of mariaug mayd betuix 



* Omitted. 



• Accised in MS. 



ST. ANDREWS KIRK SESSION. 266 

hym and Eleyn Smyth and carnall dayll 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^ athis thai 
singularlie, and ilk ane also in presens of other, confessis 
carnall dayll betuix thaim, befoyr Wytsundey in the Ixiij 
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 
Jbrnicatria^y 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 decemit fred of hyr Smyth divorciat 
promys fra the said Mathow, and liberte to marye in the Lord '^ ^' 
wyth ony lawfull parte. 



Die xix Decembris anno quo supra. 

The quhilk daye, Walter Flemyng and Margret Layng, P^^icio 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 bame 
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 bame last borne be Margret fatherit 
upon h)Tn, the said Margret, wyth hyr awyn tung spekand, 
confessit the sayd last bame to be the bame of George Clapan, 
vicar of Keremuyr, quhom sche requirit divers tymmis to caus 
the sam to be baptised as his bame : 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 ax;t. 



^ Gar in MS. 



266 REGISTER OF 



Die xvj Januarii anno quo supra. 

[Layng. The quhilk daye, as in term assignit to Margret Lajng to 

Fiemyng.] ^^y mutuall promys of mariaig betuix hyr and Walter 
Plemyng, and to Walter to prev the fathering of the last bame 
borne be Margret upon Greorge Clapan be hyr awyn tung 
spekand, the parteis called, comperis Walter [and,]^ in payn of 
nocht comperance of Margret, producis ane certificacion sub- 
scrivit be Peter Ramsay, minister, conten3mg [in]^ 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 maiiaige 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 Fehruarii anno Domini mPtfhrb^' 

A'/^^T^^^"^ ^'^^ quhilk daye, Margret La3^ig provyn lawfully summond 
ciameo Layng, be the Superinteudentis lettcres, deuly execut and indorsat, at 
the instance of Walter Fiemyng, 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 compcrand, Walter circumducis the 
term, protestis sche be na forder hard, and he to be absolvit fra 
hyr clam and [have] ^ liberte to procead to solemnizacion of his 
mariaige. The Superintendent for tryall of the verite caused 
the ayth of Walter to be takyn, quliai, be his ayth examinat, 
deponis that he never at ony tym maid promys to marye the 
said Margret, nether prevely nor oppynlie ; nor hes mayd ony 
promys to Margret of ony bud* or gayr,^ nor gevyn ony to hjrr, 
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 bame be Margret borne. In respect of the quhilk, 

* Omitted. » Bribe. » Gear. 



ST. ANDREWS KIRK SESSION. 867 

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 hjrm, committit wyth Margret sen^ procreacion and 
byrth of the fyrst bame bom to hym be Margret. 

Die nono mensis Januarii anno Domini m^tfhro^"' 

The quhilk daye, in presens of the Superintendent and his Protestacio 
coUegis, commissaris deput be the Generall Kyrk, and ministerie burgi dt CrayU, 
of Sanctandrois, coraperis Jhon Reid, allegit bailie of the burgh 
of Crayll, and Mr. Alexander Mortoun, allegit dark 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^ 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 
concemyng the minister nor parteis. 

The quhilk daye, Robert Arnot induellar in Crayll summond Kaye contra 

Arnot. 



Sc 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* (Book^ 
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). 

K 



258 REGISTER OF 

be the Superintendentis letteres, at the instance of Eufam 

Kaye,^ to ansuer anent the clamc of mariaige to be persewit be 

the said Eufame, and baytli the saidis parteis comperand, 

Robert allegis the said accione and clanie 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 foUowis : — 

de^tabMi- Dedmo octavo mensis Decembris anno Domini 1565. The 

vatorbythe quhilk day, Robert Amot and Eufanie Crostrophyn law- 

CrayU in favor fully summond and wamit 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 EiTe, 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 EflPe, and mayd his ayth 
of fidelite tharupon ; the said Effe allegiand his promys of 
mariaig be word alanerly ; nether promys provj'n befoir minister, 
eldaris, diaconis of Crayll, nor jit befoir ony other wytnes. 
And the said Robert producit ane act, of dayt the xix of 
M arcii, the year of God m^v^lxiij yearis, mayd be the minister, 
eldaris, diaconis of the burgh of Crayll, quhilk tenor of the act 
Suuutof the followis : — Becaws the holy band of mariaige is sa ordenit of 
of Crayll. Almychty God, excluding the wyckit in thar wyckitnes, and 

that becaws thai have nocht the inwart wyrkyng of the Holy 
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 voluntary elye com- 
mittit of both the parteis, except laufull wytnes be producit of 

* Twice called Crostrophyn and twice Kaye^ evidently by mistake. Corstar- 
phin or Crostrophyn^ it clearly appears, was the name of the woman Amot 
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. 269 

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 fo)rrsaidis, 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 decemit, and be thir present ordenis and 
decernis, the said Robert Amot to be fre of the said Efie 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 ^ 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 MalwUlj concionatorem verbi Dei in CrayU^ Jhon Reid, 
bailie, wjrth my hand, Wiliam Bowsy, wyth my hand, Eduafd 
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] ' Morton. 

The Superintendent, efter sycht of the sayd decret * red in 
presens of the sayd EfFe Kaye, schawis to hyr that, the said 
decreit standing in strenth unreducit, he can nocht procead 

^ Exclamacionis in MS. 

^ P'rom 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. 
^ Omitted. * Decret decret in MS. 



S60 REGISTER OF 

forder in hyr caws, re8erv3mg liberte to the said EfFe to apprev 
the said decreit or to perseu for reduceion tharof, as sche and 
hyr frendis sail think gud. Upon the quhilk Robert Amot 
requiris act. 

Die xxiij Jantiarii anno etc, larc^- 

The quhilk daye, Henry Layng and Mariory Cristy delated, 
callit and accused for fomicacion betuix thaim committit, com^ 
perand and confessand, thai ar committit to the magistratis of 
this cite as inhabitantis tharof, to be punist civile according to 
the law. 

Die penultimo mensh Jariuarii anno Dominvetc. hro*^- 

The quhilk daye, M. Ihon Dalgles^ and Jonat Wemys, 
Lady of Claslogy, inhabitantis of the cite of Sanctandrois, 
J , beand lawfully summond to this daye and sessione be letteres 
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 rcsave 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. Ixv, rcproducit, lau- 

^ Mr. Johne Dalglesche was one of those who joined the congregation by 
itpproviog the 'Generall Band' of the 13th of July 1559 {supra, p. 9). 



ST. ANDREWS KIRK SESSION. 261 

fully execut ^ 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 thar 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 mf^ifhuv^^' 

Tlie quhilk daye, comperis Mr. Ihon Dalgles and proponis FMr. Ihon 
certan excepcionis, dilatoris in his maner, and thareftir pro- perff ^djwj- 
ducis the sam wyth otheris in wrvt : quhilkis beand resavit be ^"*^** c«rtan 

J J ^ t. excepcionis 

the ministerie to be red in thar audience and be tham to be quhilkis ar 
considert, and cherge gevyn to the said M. Ihon to remane*^^ *^ 
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, 
nochtwythstanding the excepcionis producit, quhilkis ar repellit 
as thai ar notit. 



Die anij Februarii anno Domini etc, irr'^- 

The quhilk daye, George Blak, readar of the parrochie kjrrk 
of the cite of Sanctandrois, producit ane lettre of monicione 
under sayll of the ministerie of [Sanctandrois],* deuly execut 
and indorsat be hym, of the quhilk the tenor foUowis : — 

Minister, eldaris and diaconis of Cristis kyrk and congrega- [Tenor of the 
cione of the cite and pareson of Sanctandrois, to the redar of ^^oneS^SS^' 
the said kyrk, Grace, mercye and peace throw Jesus Crist, wyth ^f. Jhon Dal- 
perpetuall incres of the Haly Spirit. Forsamekill as M. Wemys.] ^^ 



^ Execeii in MS. ' Omitted. 



262 REGISTER OF 

Ihon Dalgles and Jonat Wemys, Lady of Claslogy — inhabitantis 
of the said cite and membris of the said congregadony sa reput 
and hald}^, being delated to us for hurdom committit be 
thaniy manifestit be procreacion 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 
let teres 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 resa>'it disciplin of 
the kyrk for thar foyrsaid offence or ellis to have purged tham 
deuly tharof, quharby the said sclander mycht have bejrn 
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 
decemit 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 etemall 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 tlie 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. 26S 

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. 

FoUowis 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 tynunis callit and [Letteres in the 
nocht comperand, lawfull tym byddyn, the ministerie ordenis SioSdon'to be 
letteres in the secund form of monicion to be put in forme and «tccut aganis 
execut^ this nixt Sunday following, and the saidis M. Jhon and 
Jonat to be summond to compeyr the nixt Wednisday as 
of befoir. 

Die XX meims Februarii anno Domini etc. Ixv^- 

The quhilk daye, M. Jhon Dalgles and Jonat Wemys, Lady [M. Ihon Dal. 
of Claslogy, beand monest for the secund monicion, and sum- wa^s wm^ 
mond in the public essemble of the congregacion be patent P*y^J 
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 efteris, or ellis acknawlege thar offences and resave 
disci plyn 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 signified and to be understand 

^ Exec it in MS. 



864 REGISTER OF 

fylthye lechery, committit wyth conteniiance, and pereeveryng 

in the said filthy vice to the gret sclander of this congregacion* 

[CoDtentiacion Efter quhilk inteq)retacion, at desyr of the saidis M. Ihon and 

grantit./ 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 xxvij Febniani anno Dcmtni etc, Ixv'^ 

[Thetihind The quhilk daye, as in term assignit be contenuacion to M. 

M. Ihon Dal- Ihon Dalgles and Jonat Wemys to ansuer to the delacion, and 
^Snwto^* ether be acknawlegyng of thar ofTensis, resavyng of disciplin 
«««nt OT the tharefor, or ellis 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, decemis and 
ordenis the thrid monicion to be put in forme and execut in 
the public essemble this nixt Sundaye as efTeris; quhilk be 
request of the Lard Craghall, under hop of obedience, wes con- 
teneuit quhill the vij of Aprill. 

Die X mensis J prills anno Domini nft IxiJ^^- 

The quhilk daye, George Blak, readar, producit ane lettrei 
of monicion of the ministerie of Sanctandrois under sayll of 
the said ministerie, be hvm execut and indorsat deulv, of the 
quhilk the tenor foUowis : — 
[Tenor of the Ministeris, eldaris and diaconis of Cristis kyrk and congre- 
don.] 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 l)e 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 eff*eris, or ellis to acknaw- 
lege thar saidis offences and resave and underly disciplyn of 
the kyrk tharfor, that tharby the sclander foyrsayd mycht be 
repressed and avoydit ; wyth certificacione to tham as effferit : 
and becaus thai coraperit 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 yow, in the nam of the etemall 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 ccmsall 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. Gevyn 
under the sayll of the said ministerie at Sanctandrois, upon the 
thrid day of April, the year of our redempcion m°v*^lxvj yearis. 
And foUowis indorsacion : Upon Sunday, the 7 of April, I, 



266 REGISTER OF 

George Blak, readar wythin wryttyn, execut thir presentis in 

the public essemble of the congregacion, in tym befoir the 

sermon, the hoU congregacion bcand wytnes. Ge. Blak redar. 

rM.john The foyrsaidis M. Ihon and Jonat oft tymmis callit, lawfull 

Jonat Wemys tjon byddyn, thai nocht comperand, the ministerie, in pane of 

p^wdtlwir ^^^^ nocht comperance and for thar contempt of the voce of 

contempt to be the kyrk, ordenis and decemis publicacion of the sam to be 

congr^acion, mayd in the congregacione essemblit this nixt Sundaye be the 

'^ minister ; and prayeris to be mayd for the saidis personis for 

thar amendimcnt, 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 tyro 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, ojBendit 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. 

Die xvij mensis Aprllis anno Dofnini m^xflaroj'^ 

FM. Ihon The quhilk daye, the ministerie, being convenit in thar olkle 

Jonat Wemys essemble, understandvng the ordor prescrivit Wednisday last 
*^urii<S*onthe ^^* ^® ^^^ minister to use this last Sundaye bypast in the 
▼ of Maii.] 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 imderly disciplyn, for ^ 
the occasion of sclander and offence be thaim gevyn be filthy 
hurdom^ 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 

* Fra in MS. a Hurdon 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 cans to be diseussit, 
wyth certificacion as eflFerit 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 committit be tham, as 
at mayr lenth is contenit in the pretendit byll; in 
respect of the [quhilk, the] ^ saidis M. Ihon and 
Jonat awcht nocht to enter in pley befoir [tham] ^ 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 allegis that [the] ^ IP*^*^!,!?*? ?^ ^* 
allegit minister, eldaris and diaconis of this citie, ar na juge and Jonat 
competent to cognosce in the said accione of delacion, becaus asSSuar^Su] 
thai ar mer layik and ignorant personis for the maist pairt, 
havand na commissione or power gevyn to thaim be our 

^ 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 ^ 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.^ Lyikas this pretendit caus and utheris siclyik 



. ^ And and in MS. 

' This proclamation must have been made after the Queen's marriage to 
Damley, 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 * ( Coficilij Scotiae, 
vol. i. p. clxxiv. n. i ). 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 iii 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 J 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 Cotmcil, 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 Practickst 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 * 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' {Coticilia Scotitie^ 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 
l^e 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 1570- 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 UniverscUl Kirk, 
i. 30, 88, 187). On the i6th 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 Consistorial 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 
Edinburg which was reversed by the commissaries on the 24th of February 
1581-2. Par lament 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 statut or law, be ony havand power to do 
the sammyn. And sua the saidis pretendit minister, eldaris 
and diaconis of this eitie, being bot certan pry vay and ignorant 
personis for the maist part, ar na wayis jugis competent to 
cognosce in this cans, havand na power thcu-to, as said is, bot 
onlye usurpit in hie contempt of the King and Quenis M aiesteis 
autorite and utheris mennis jurisdiccione, mitteiites Jblcem 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 special! deput to that effect, as said is : protesting, gyf ye, 
allegit mmister eldaris and diaconis, procedis forder 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,^ 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. 

^ 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, 
contcne thame selffis in quietnes, keip peax and civile societie amangis thame 
selffis ; 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 publict 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 hes 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 

Secundly, protesting alwayes that the formar allegiance be 
weyll and degestle avysit and discussit, for caus^ the saidis 
M. Ihon and Jonat allegis that gevand and nocht grantand that 
the saidis pretendit minister, eldaris and diaconis had ony 
jurisdiccion, gevyn to tham be ony havand power tharto, to 
cognosce or tak dilacion in sic causis, lyikas thai have nane ; 
yit thai^ are na jugis competent to the saidis M. Ihon and 
Jonat, be sa mekyll as the said M. Ihon is presentlie, lyikas he 
hes beyn lang befoyr the intenting of this pretendit accion, 
familiar 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 sicl)rik 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] * 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, lyikas 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, fjdr 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] * gevyn in upon the defendaris, upon occasion of 
sclander gevyn be tham be committing of hurdom, &c. ; nocht 

* Because. ^ Thar in MS. * Omitted. 



272 REGISTER OF 

specifying quhai gave in the delacion, nor yit condiscendant 
quha tharby is sclanderit be thar occasionis, quhar and quhat 
tym, place, daye, year and moneth the sammyn allegit hurdom 
wes committit, and quhat kynd of hurdoni it wes, quhidder 
fiimplex fornicacion or adultery, quhilk awcht and suld have 
beyn specified 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 exccpcione is repellit in respect of the summondis. 

Ferdly, the said M. Ihon and Jonat allegis that, gevand 
and nocht grantand thai had ony camall 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 sayi of Sanct- 
androis, to stop hyr pretendit adhcrance 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 ^ 
the tym of the mackyn tharof, sche mysknew that the said 
Robert wes jonit in mariaigc wyth ane uther callit Cristen 
Awer}'e yit alyre.^ And the said Jonat — bcand surly persuadit 
in hyr conscience, l>e verteu of the hearjTig 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 lawfuU 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 fojTsaid, fyndand the sammjii 
ressonabyll, admittit hyr foyrsaidis ressonis to hyr probacion, 
and direckit summondis to summond wytnes for prevyn of the 
sammyn, and lyikwyis xxx wytnes comperand l)efoir thaim to 
prev the sammyn, &c. The said M. Ihon — ^beand sercerat * of 



* Of in MS. » Supra^ pp. 207-212. » ? 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 Grod, 
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 
tliarfor can nocht induce ony kynd of hurdoin, bot rather 
honest and lesum consummacion of mariaugie. 

This ferd repellit, becaws the maner of asserseracion ^ 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 foUowand. 
Becaus, lang afloir tlie 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. Tlie 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 myndfuU of thar deweteis 
according to the law of Gtxl, 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. Ihon 



? 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 mcncionat in the defence, and that the minister and eldaris 

cognoscis in this present caus. 

Sentence of Wy th incallin^^ of the name ^ of Crist Jesus, Sone of the eter- 

exoommunica* •' *^ , , , 

tioun agaois nail and everlevyng God, quhai is the way the verite and the 
Dalgtesche and ^7^9 throwcht quhois gudnes and mercy we, ministeris, eldaris 
Jonct Wcmis. ^nj JJaconis of Cristis kyrk and congregacion of the cite and 
parochyn of Sanctandrois, ar callit as watchemen ower his 
flok, quhilk he hes 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 rcformit kyrk hes beyn seyn wythin this cite be the space 
of sex yearis, disciplyn usit and resavit ; and now occasion being 
ojBterrit be delacione gevyn in befoir us upon M. Ihon Dalgles 
and Jonat Wemys, Lady of Claslogye, inliabitantis of this cite 
and membris of this congregacion, so haldyn and reput hytherto, 
tweching the offence and occasion of sclander be tham gevjm 
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] ^ 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 



* Nam in MS. ^ Omitted. 



ST. ANDREWS KIRK SESSION. 275 

eUis 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 ^ place, bot contumacetly absentit tham and contemp- 
nit the voce of the kyrk, we decemit 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 fo3rrsaid ; 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 detfuU ordor to the finall execucione 
of the sentence of excommunicacion, and invocat * 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 grantit awcht dayes of delay and 
mercye, wylling thar frendis to travell wyth tham in myd tym 
for thar amendiment ; and grantit 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 cans of thar offence 
to be discussit ; wyth certificacion, gyf nane comperit we wald 
accept and reput thar silence for plane consent of the hoU con- 
gregacio[n] to the execucione of the excommunicacion. And 
becaus nan comperit, and that the saidis M. Dion 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. 



876 REGISTER OF 

and cuttit of from the societe aiid foUowschip of the congrega- 
cion 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 etemall Word, be 
this owr sentence we declar and denunce the saidis M. Dion 
Dalgles and Jonat Wemys, for thar grevos ofTencis, occasion of 
sclander, and contempt of the voce of the kyrk, excommuni* 
cated, seperated and cuttit of firom 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 faythfuU fear- 
ing God fra this hour furth accumpany wytli 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 certificacion gyf ony dois in the contrar 
thai salbe reput favoraris and fostararis of thar iniquiteis, caJlit 
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<^lxvj yearis. Followis the indorsacion of 
the minister executor of the excommunicacion.^ 



Die xarvij Marcii anno Domini etc, Ixvj, 

Fayrfull, Tlie quhilk daye, Peter Fayrfull and Catherin Cunnyne* 

nittuSs/ °^ callit and accusit for fomicacione committit betuix tham, 

manifestit be procreacion of ane child, thai confes thar offensis. 

Catrin allegis mutuall promys of maridge betuix Peter and 

hyr, quhilk he denyis. The sam referrit to his ay th be Catrin ; 

Fayrfull absol- he, sworne, purgis hym be his ayth, and is absolvit fra the said 
vit of mariaige. m. o ^ 

^ A blank has been left in the Register for the indorsation, but it has never 
been filled in. 
' An old form of Cunninghame, 



ST. ANDREWS KIRK SESSION. 277 

clam and promys. Bayth the saidis Peter and Catrin ar^ 
ordenit to ^ conveyn this nixt Sunday in the public essemble of 
the k3rrk, and mak public satisfaccion, according to the ordor 
of the kyrk, &c. 

The quhilk daye, Robert ZowU, maltman, inhabitant of this zowll, Hagy, 
cite, and Cristen Hagy, parrochinar, in Strykynnes, delated, *^"^***°™' 
callit and accusit for fomicacion committit betuix tham, 
inanifestit 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 ZowU com- 
to the law, as thar citiner. °^*^'- 



Die arvij 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 pretend it 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 Sundaye, 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 excomnmnicacion. 



Dk xxiuj'^ A prills anno quo supra. 

The quhilk daye, Walter Skaythlok, walcar,* inhabitant in Skaythlok uul 
Sanctandrois, and Regis Watson, in the new myll upon Edyn, tomajyc?''^ 
delated as fomicatoris, summond, callit and accusit. Bayth 
the parteis confessis camall dayll ; and Regis 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. - In to in MS. 

^ Prophanat in Ms. "* A fuller. 



278 REGISTER OF 

ane sufficient testimonial! ^ in wryt recognoscit. In respect of 
the quhilk, the Superintendent, wyth avyis of the ministerie, 
monesis bayth the parteis to procead in solemnizacion of thar 
mariaige wythin xl dayes under pane of excommunicacion. 

Die primo Mail anno quo supra. 

■n The quhilk daye, Dauid Lyddell, fornicator wyth Eleyn 

'*°'' [LydifeS— deleted] Harpar fugit3n'e, is ordenet to mak public 
satisfaccion, in the essemble of the congregacion, this nixt Sun- 
day befoir nuyn, and at efter nuyn his bam to be baptised. 

Die xv*^ Mail anno quo supra, 

ium ab- The quhilk daye, anent the clame of mariaige persewit be 
j^*** 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 a}i;h 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 lawful! promys betuix parteis 
is confessit nor provyn, the Superintendent absolvis Ihon fra 
the clam of mariaige of the said Jonat ; and, becaus of camall 
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 
^ucio deposicione of Ihon Hutson confessing hym to hav had camall 
Htttson.] ja^yii wyth Jonat Huntar, ordenis that the sayd Ihon mak 
public satisfaccion in the kyrk of Kylgowr, upon Sunday the 
xxvj of Maii instant. 

Die xxy Maii anno Domini etc. Ixvj^"- 

^11101, 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, 

^ TesHoall 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 Amot 
tistit hyr be his foyr promisis, namly, of mariaige (sche being 
ane virgin undeflorit ^ or difamit wyth ony spot concernyng hyr 
virginite) ; he deflorit hyr virginite and tharfor haldyn of the 
law of God for the forisayd offence to tak hyr to his lawfull 
wyf, and is nocht fre to mare wyth ony other ; and desiris and 
askis hym to be decemit 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 deflorit and lost hyr virginite befoyr 
he knew hyr canialye. 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 Jidll anno Domini etc, Ixvj^^- 

The quhilk daye, Thomas Arnot beand summond at the Beton, Amot. 
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 decemis 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 decemit to tak hyr to his wyf, 
becaus he lies grantit that he had camall 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 wamit be act. And Thomas allegis 
that he hes mayd satisfaccion to the kyrk and congregacion of 



Umdejlorit in MS» 



280 



REGISTER OF 



Lathrisk for his offence and fait, at command of the kyrk ; 
oflferris hym to prev the sam ; and allegis, in respect tharof, he 
suld be absolvit. And Cristen allegis that ives na mendis to 
hyr, for the fait he had mayd to hyr.^ 



Dtcftlum 
mairinumiale 
inter Gedde et 
Suntar, 



* Dtcnttuftt 
matrimomialt 
inter BtioH 
et Arnet: 



Die anx JuniU anno Domini mf^iflartj'^' 

The quhilk daye, Andro Gedde and Jonat Suntar, dochter 
of Ihon Suntar, citiner, callit befoir the ministerie for staying 
of thar solcmnizacion 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 wj-th the said 
Andro befoyr hyr awyn frendis, and tharefter, wyth * consent of 
hyr father and mother,* 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 * Blak, gyf sclie wes compellit or 
frely consentit to makyn of the said promys, sche confessit hyr 
consent wes fre wytliowtyn 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 xjttlii attfio quo supra, 

* 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 Amot and Jonat Anderson, and mariaig 
acclamit be the said Cristen Betoun of the sayd Thomas Amot, 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 decemis the said Thomas Arnot to mary and tak to 
his wyf the said Cristen Beton, in satisfaccion of the offence don to hyr be hjrm 
in defloryng of hyr virginite, nochtwythstanding the defence allegit be Thomas 
admittit to his probacion and nocht provyn ; and to proceid to solemnizadon of 
thar mariaige wythin xl dayes under pane of excommunicacion, thar bannis to be 
proclamit interim, Pronuncit in presens of parteis.* 

* 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, 

* Not her in MS. * Cherge in Ms. 



ST. ANDREWS KIRK SESSION. 281 

of mariaig betuix Andro Gedde and Jonat Suntar to be lawful! 
promys, and tharfor the parteis to abyd tharat, and to procead 
to solemnizacion of the sam betuix this and Michaelmes, under 
panis of excomraunicacione to be execut upon the inobedient : 
thar bannis to be proclamit hUerim. 



Die a' mensis Julii anno quo supra. 

The quhilk daye, in the cans of impediment mayd be Cristen Decretum 
Beton to the proclamacion of bannis of mariaige betuix Arno? ^^^ ^ 
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 tlie 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 cans, to wyt, that the said Cristen wes deflorit and had 
lost hyr virginite befoir he knew hyr canialye, admittit to his 
probacion, and all otheris deducit in the said cans, findes that 
the said Thomas be proponyng of the said peremptor defence 
hes confessit the intencion of the said Cristen perseuar ; and 
heirfor, liaving God only befoir his ees and the testimone of 
his trew and eternall Word, pronuncis and decemis the said 
Thomas Arnot gilte in defloracion of the verginite of the said 
Cristen Beton, and for his foyrsayd offence don to hyr he is 
haldyn to tak the said Cristen Beton to his lawfull wyf ; and 
tliarfor 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 Betoun ; nochtwythstanding 
tlie 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 xvy Julii anno Domini mfiflxtj^'*- 

^iS^^L^^ The quhilk daye, M. Wyliara Blacatar, parson of Methell,* 
inhibit fira callit and accused be the Superintendent for baptising of ane 
S^Jj^J^**^ barne gottyn in Iiurdom 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 tliar hurdom wes coramittit in procrea- 
cion of the said bame. The said M. Wyliara confessis hym to 
have baptist the said barne of necligence and be persuasion 
of Capitan Wemys, belevyng the barne had belangit to h3nii. 
The Superintendent, in respect of the said confession, inhibitis 
the said M. Wyliam Blacatar fra this tym fordwart to male 
ministracion of baptisme, except he be of new admittit tharto : 
quhilk inhibicion Master Wyliam acceppit, ansuerand and 
sayand he suld obey. 

Die Sabbati^ xx** Jidii anno quo supra, 

\Cau£io The quhilk daye, James Dwdyngstown is becum caucion for 

tor F^osmirand Janies Frostair and Jonat Anderson, fomicatoris, that thai sail 

Anderson.] underly and obey disciplyn of tlie kyrk for thar fomicacion 

qulien thai salbe requirit, and that tliai sail solemn izat thar 

mariaig betuix this and Martymes nixt to cum ; and gyf thai 

falye heirin James to payie, in nam of pane as sowm liquidat. 



^ Mr. William Blacater, rector of the Parish Church of Methil, 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, ' in 1545, the installation of 
Robert Swyne, 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 Afemorials of the Family of 
Wemyss of Wemyss, i. 143). In 1574 Robert Swyne was reader at Methil, with 
a stipend of £i'^, l6s. 8d. and the kirkland {Wodrorv 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. 120) ; 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). ' Saturday. 



ST. ANDREWS KIRK SESSION. 283 

the sowm 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. Lcvj'^- 

The quhilk daye, comperis Eufam Ogylwy and producis ane Absoivatorum 
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^ 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 caus; 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 [decemis]^ liberte to Robert to mary ony 
othir laufull parte wythowtyn impediment of the sayd Eufam. 



Die Marcurii xiij Novembris anno quo supra. 
The quhilk daye, NychoU Zong, parrochinar in Stramyglo, Nychoil Zong 

convict 
insest. 



summond be the Superintendentis * letteres and comperand, is ^^^"^'^^^ ^^ 



delated, accused of committing insest wyth Cristen Spyttell, 
naturall and lawfuU dochter of his awyn mareit wyf. He con- 
fessis his offence and that ane barne * 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, Satisfaccion of 
and Bege Scot summond, callit, comperand and accusit of adul- gcot adultcr- 



aris. 



* To the heyr in MS. * Omitted. 

' StiperitUemfis in MS. * Borne in MS. 



S84 REGISTER OF 

tery committit betuix thaim, maiiifestit be procreacion of ane 
child betuix tham, and for contempt of baptisme in nocht 
desymg thar barn to be baptisied. The sayd Wylliam and 
Bege confessis thar adultery, schauys* 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 
Iwtm be hym gottyn in adultery to fosteryng to the wyf [of]* 
Ihon Collfe, callit Besse Aleson, in Cassyngray;' and his sayd 
bam be his awyn procurment and consall of the sayd Iho Colfe 
wes baptist, in the 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* in the nam of 
the Father the Son and the Holy Gayst, wythowtyn ony prayer 
redjmg 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 
sjmdry 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. 
Recondliadon The quhilk daye, Besse Aytkyn, in presens of the Superin- 
and Ayftkyn 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]*^ incorrigibill adulterar. 

Die xv*^- Januarii anno Domini iW'z^lxvj. 

Processus inter The quhilk daye, Wyliam Cristeson and Issobell Lyndesay^ 
€t issobeliam beand summond be the Superintendentis letteres to heir thaim 

Lyndesay ejus 

^ ' 1 Schauyn in MS. ^ Omitted. 

• Cassingray is in the parish of Cambee. * A small silver coin. 

^ Isabell Lindsay was the eldest daughter of John Lord Lindsay of Byres and 



ST. ANDREWS KIRK SESSION. 285 

decemit to adheir in bed and burd as becummis the husband 
and wyf, or ellis ether of tham to schaw ane ressonabill cans 
quhy the sammyn suld nocht be don ; bayth the saidis parteis 
comperand, the said Issobell allegis sche suld nocht be coni- 
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 ZowU in the year of God 
1554 yearis, abowt fyve howris 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 mayd betuix hym, the said Wiliam, 
and the said Issobell, quharupon followit thar camall copula- 
cion wyth continuance ay sen syn betuix tham, thai haldyn 
and reput mareit person is 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 {^ ooA' s Dmtglas^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 Wiliara to his probacion, 
and at his desyr Wednisday nixt to cum statut to hym to prev 
his aUigacion. Parteis heirto summond apud acta. 



Die Mercuru xxij'^ Jamtarii 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 Issol)ell Lyndesay, comperis Wyliam 

and producis ane eik to his formar allegacionis in presens of 

Issobell, of the quhilk the tenor foUowis. 

[Eik to Wyliam In primis^ I, Wiliam Cristeson burges oP Cowpar, offerris me 

fomCT^ega- ^ P*^^ ^"^ solempt contract and promys of mariaige to be 

donis.] mayd betuix me and Issobell Lyndesay, Mastres of Rothesay, 

in verba de presently owr handis con j unit 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^ 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 wjrff ; 
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 hes 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 



' 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 ICncx, i86l, 
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 coraperand, and be the said Wiliam 
for probacion of his intent producit, vidz., Dauid Lyndesay of 
Piatstown, Master Robert NychoU, M. Robert Ayrth, Jhon 
Lyndesay, burges of Coupar, Margret Lanbart, Thomas 
Flesclier, Schyr Dauid Lowson, Dauid Welaind, Dauid Peter- 
son, Dauid Baxtar, Andro Thomson, quhilkis ar resavit, swome 
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 bamis ; 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^ ane testimoniall,^ under sayll of Dauid 
Ayrtli, bailie of the burgh of Coupar, and subscripsion of 
James Anderson, notar, of dayt the xiij day of Deceioaber, anno 
Domini 1556, contenyng sasing gevyn to the saidis parteis in 
conjunct fe as husband* and wyff ; and the rolment* and actis 
of court haldyn be Issobell Lindesay and Wyliam Cristeson hyr 
spows, under subscripsion of Thomas Flescher, notar, of de3rt 
xv^^' Juliiy anno Ivj ; 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 xocvj^^- Julii anno 
Domini etc. Ixiiy'^y contenyng resignacion of certan landis mayd 

• 

* Pro prodticis in MS. - Testioall in MS. 

^ Husbad in MS. ** 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]^ Cristeson hyr spows, subscrivit wyth hyr awyn hand 
be hyr recognoscit, and hyr seyll, of deyt tlie thrid of^ Marcii 
anno etc. Zry. Wyliam renuncis all forder probacion. The 
Superintendent statutis IHeratorie to pronunce in the sayd 
cans. 



FoUowis interrogatoris of Issobell. 

[Interrogatoris It mot be sperit at every ane of the wytnes, gyf thai be of 

kyn or allia'* to the said Wyliam producent, or gyf thai have 
gevyn hym parciall consall in this caus, or is rewardit, or in 
hop to resave giid deid fra hym for thar deposicion, and gyf 
thai favor the ane parte mayr nor the other, by equite and 
justice. 

liem^ 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, 
quhsd was minister tharat, quhidder ane Papist preist, or ane 
other laufull minister, and gyf mariaige wes 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 
tjnm. And that every wytnes geve ane relevant and concludand 
cans of thar kuawlege, gyf thai depon the mater to be of 
trewth, &c. 



FoUowis the depocicionis of wytnes producit. 

[Deposidonis Dauid Lyndesay of Pyatstown,* wytnes, summond, resavit, 
o wytnes.j swome, 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 ofo/'m MS. » Allies. 

* David Lindsay was in 156 1 served heir to his father, William Lindsay of 
Pyetstone, the second son of Patrick, fourth Lord Lindsay of the Byres {Lives 
of the Lindsays y 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^ concemyng the messag 
send fra the Lord Lindesay to Issobell Lyndesay and ansuer 
gevjm and confession of promys articulat, he deponis the sam 
trew. Examinat upon his cans of knawleg, the deponar con- 
fessis he wes messinger send be the Lord Lyndesay, did his 
raesseg 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 faytfuU ; 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, swome, and exa- 
minat upon the allegacionis of Wyliam Cristeson, deponis that 
lie 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 camall 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'^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 
nan nota, examinat, &c., be hyr ayth deponis and is conforme 
to Mr. Robert Nycholl, wytnes preceding, concemyng 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 
interrogatoris 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, hes, 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 haldjm 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, swome, 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^ 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, hes 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 notay sworne and examinat, &c., be his ayth deponis that 
he kennis nathing articulat, except that thir mone yearis the 
parteis hes 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 instrumentis 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 attejm to the 
producer in ferd and thrid of kjm. 

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 instrumentis and asseda- 
cionis to the parteis wyth bayth thar consentis, quharin the 
consent of Wyliam husband to IssobelP 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. Itenif concemyng the camall dayll and reputa- 
cion of mareaige betuix parteis, he deponis the sam trew ; he 
hard and kend the sam be reparyng to the parteis. Iterriy 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. 



S9S KEGISTER OF 

12 Dauid Weland, burges in Cowpar, wytnes, summond, sworn, 
admittit, and examinat, ftc., be his ayth deponis that he wes 
nocht present at the promys mayd in the hows of Robert M^ke 
articulat. Item^ sen s}^ he hard Issobell divers tymmis confes 
Wyliam to be hyr husband, and at sche had takyn hym to hyv 
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 
rthel^ hows of Lady Brakmonth, hard and saw as is articulat : 
Ld purgis hym of the interrogatoris, and kenni, 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 hes seyn and kend Wyliam 
Cristeson and Issobell Lindesay keip mutuall cohabitacion as 
mareit folk is, 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 complajmt 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 hes seyn the parteis in naked bed together. 

Dk quinto Februarii anno Domini etc. Ixvj*^- 

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,^ tharin summond Wyliam 
Cristeson and Issobell Lindesay to compeir befoyr the Superin- 
tendent in his session this day, to heir decemit and decreit 

* OmiUed. * 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 tuix Wyiiam 
lyff, M. Ihon Wynram, Superintendeint of Fyff, juge in the J^^obXLjSdc- 
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- 
tyve 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 Marcuriiy 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- furthu)Aws"^ 
montht, Provest of Kirkhill, and Margrat Kircaldy, the said ^omut^' 
Johne 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 cans, this be nocht ane 
preparative or drawn in exemple for utheris. 



Die Marcuriij tertio niensi^ Martiij anno Domini 1667. 

^Mn»y. 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 Marcuriiy decimo menms Martii^ anno Domino 1667. 

Vj^acci ..J The quhilk day, Dauid Hakstoun, in the parrochioun of 
Dunboug, being somound to this day to heir and see hym 
decemit 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 audit dayis. 

Fonet Bathe- The quhilk day, Jonet Bathesoun in Forther examinat upon 
on UsHs."] * ^^ ^ 

* 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. 296 

the last birtht of ane^ bairn, borne be Jonet Hakstoun in 
Forther wythtin the parrochioun of Lawthreis. 

The quhilk day, anent the inqiiisitioun takin upon the Law. Makke. 
father of the bairn begottin upon Maige Law, the Superin- "'' 
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] * 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 vltimo Martii 1568. 

Tlie 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 ^^^^*^^ 
his wyf, and William Moreis yownger and his wyf, obligat m Morns tt 
maneir abuir expremit. ^ 

Die Marcurii^ secundo die mensis Juniiy anno Domini 1568. 

The quhilk day, Johne Dayis servand to Andro Crastaris, Dayis, Waicar. 
smytht, being callit befoir the seat to heir hym decemit to 
solempnizat the band of matrimonie wjiiht 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] * referrit the sam to the said Johne aitht ; and 
he being sworn denyit that evir he maid promis, albeit he had 
camall 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. 



S96 REGISTER OF 



Die Marcurii uUimo Jumi 1568. 

RoUmnd, The quhilk day, the kirk, according to the Word of Grod 

[aSihto^Seie *^d practice of utheris reformat citeis and townis wythtin this 
SSd*S^i°^ realme, callit M. Dauid Dischingtoun, M. James RoUand, 

procuratoris, requiring them of the confessioun of thair faitht, 
that, according to Act of Parliament, we mycht miderstand 
quha kepit ane uthir face of religioun then Grod of his mereye 
now, eftir our lang blyndnes, had offered unto us, resavit and 
universalie apprevit in Parliament ;^ quhay comperand declarit 
that they could nocht gyf haesty ansueir and wythtout forthir 
[Deia;r ^[ranUt delay subscrive our articlis, and tharfoir requirit the copie of 
\o\xttif»/uht, ^^ articlis; and the xiiij day of Julii wytht thair awin consent 

was gevin to them, to gyf thair answeir in write to the saidis 
articlis. 

Die Marcurii xiiij^^ Julii 1568. 

Rolland. Tlie quhilk day, in the terme assignat be the kirk to 

[Forthcr delay Maisteris James Rolland and Dauid Dischingtoun to gyf thair 
xxiij^/uiiu 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 yryn 
hym, assignat to hym Fryday the xxiij day of Julii instant. 



Die Marcurii xaj*"^ Julii 1568. 

[Fortber delay The quhilk day, Maistcr Dauid Dischingtoun comperit 

VjSP/ulii, befoir the seat, alleging the cans of his absence in the last diet 

Dischington. to be 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. 



* 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 xxiij^ JuUi 1568. 

The quhilk day, Maister James Rolland comperit and Rolland. 
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 stubbumes 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.^ 



^ 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 reccivit 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 Kirki Ban. Club, i. 126, 127). 



298 



REGISTER OF 



Alexander, 
Alexander, 
Wischart. 



Primo 
Septemhris, 



Wilson, 
Gourlay. 



Primo 
Septembris, 



Die Marcurii^ undedmo meiuns Augusti, anno Domini mittesimo 

quingentesimo sexagestmo octavo. 

The quhilk day, Robert Alexander elder in Montflovry,^ 
Robert Alexander yownger thair, and Agnes Wischert thair, 
l)eing somound be the Superintendents lettres to compeir 
befoir hym and his ministerie of Sanctandrois this day, to heir 
hym ' decemit to be punisched for using and usurping of the 
office of ane minister or redar in the Kirk of Grod, 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 Kilbymis, 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 



* 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). 

* 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 
wamit to compeir the said day. 

1 Richart Leis, vritnes in the caus abuif wryttin betMrix [Dcposicionis 
Margaret Wilsoun and Patrik Gourlay, deponis that, upon ° *"^^ 
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^ I war nocht content the mater had 
nocht cum sa far fordward ! And [they]* kissit utheris ; and 
the deponent thareftir said. Ye maun^ 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 Kilbymis, 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 merms Septembris^ anno Domini 
j*"xflxviij^^ per dominum Superintendentem et sedem. 

The quhilk day, comperit Robert Alexander yownger in ^'f^f'^^^^^ 
Montflowrye, and Agnes Wischert thair, on the ane and \M\\v penes Robertum 
partis. Askit and demandit of the Superintendent, gyf they j^„^^gf 
war contractit in mareage, or solempnization of mareage maid 'ifi^^^V^^^ 

^ If. 2 Omitted. ' Must. 



300 



REGISTER OF 



MoDflovry. 



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 
manage betwix thame, quhill the said Robert Alexander 
yownger war fourtein [yens] ^ of aige compleit ;* becaus the 
said Robert Alexander yownger confessit hymself to be bot 
of threttein yeris of aige at Sanct Laurence ^ day last bipast- 
Sapcrintendcnt, The said day, in the terme of continuation of the citation 
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 wamit apud acta to 
heir probation led, &c., wytht intimation and certification, &c. 
The said day, in the terme assignat to produce ma* vritnes in 
the action and caus of promis of mareage betwix Patrik Gourlay 
and Margarete Wilson, war producit [e/oA;i^— 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 handis togethir ; bot Patrik Gourlay 
spak nocht ane word : and forther kennis nocht in the caus. 

9 Johne Michelson, witnes, deponis tliat he was present at the 
contract making betwix Patrik Gouriay and Margaret Wilson, 
and saw thair handis laid together be Johne Brown, ane of the 
eldaris of Sanct Teal parrochion ; and [it]^ being demandit be 
hym of them, gyf they war content of utheris, hard them say 
that they sa war. 

The said day, Andro Barthlhlat, in Sanct Teal parrochion, 
is decemit to be somound be the Superintendent lettres, to 
bear witnessing in the action and caus of promis of mareage 



[GourlaVi 
Wilson.] 



Gourlay, 
Wilson. 



1 Omitted. 

' * We afErm 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 y ninth head). 

• August loth. * More. * Omitted. 



ST. ANDREWS KIRK SESSION. 801 

betwix Patrik Gourlay and Margaret Wilson, to this day xv 

dayis, viz., xv of September instant. Patricio apud acta citato^ xv*» SeptemMs. 

etc., wytht powar to the said Margaret to somound utheris wit- 

nessis as sche pleasis to the said day peremptourlye. 



Die Marcurii, decinio quifUo Septenibris, anno Domini miUesimo 

quingentesimo seo'agesimo octavo. 

The quhilk day, in the terme assiffnat to Andro Barclaytht Decretum 
to compeir to bear witnessing m the action and cans of promis matrimonii 
of mareage betwix Patrik Gourlay and Margaret Wilsoun,-^^^JJ^ 
wytht onv utheris to be nominat be the said Margaret, comperit Gourlay et 
Andro Bartclaytht and Robert Tliomsoun in Balmerynocht, Wiuon infra 
somound be the Superintendentis lettres, in presence of^^*^'''* 
Margaret Wilson, quha war resavit and sworn : and forthir 
probation renuncit in presence of Patrik Gourlay. The Super- 
intendent, in respect of tlie 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 decemis 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 tliat, upon the day of the contract 
making and promis of mareage betwix Patrik Gourlay and 
Margaret Wilsoun, he was present in Christen Braed hows; 
cjuhair he saw and hard Patrik Gourlay cry on Margaret 
Wilson, being at the burn-syde weschyng claitht, and said, 
Margaret, sen we sould eik and end of this mater lat us go til it. 
^\nd 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]^ 
lik maneir sperit at Margaret gyf sche was content to have 
Patrik to hir^ husband, and she^ 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 ! 

^ Omitted. * Your in MS, ' He in MS. 



SOS 



REGISTER OF 



Dicrttum 
Thomson. 
Gilchriste. 



11 Andro Barclaitht, quha and Margaret Wilson ar sister 
baimis, conform to Robert Thomsoun. 

The quhilk day, the seat decernis and ordanis William Gil- 
christe to adhere to Jonet Thomson his spous, and intrait liir 
in bed and buird as becummis ane man his wyff continualie in 
tyme cuming, wythtin aucht 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 sufiiring^ the sam to 
dee and depart wythtout baptisme, undir siclike payne of 
excommunication. 



Agnes Thom- 
soun. 



I}\e Marcuriiy decimo quarto mensis Octobris, anno Domini 
miUesimo quingentesimo sexagesimo octavo. 

The quhilk day, anent the petitioun gevin in be Agnes 
Thomsoun, desyring hir to have licence to marye of new, 
nochtwythtstanding 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 tlie General Kirk* nixt to be 
haldin.'* 



1 Suffir in MS. a Kir in MS. 

' 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: — *Tbatyf 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 ofiendar, 
then we judge that in nowyse it shall be lauchfuU 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 1568-9, 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 manage or not* {Booke of thc\UniversaU 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 
be hym wytht Elizabeth Wallace, undir paine of xl lib. And 
siclik the homar^ in Ergail* 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 Eideris. 
maneir of personis having vote wythtin this citie to compeir to ^^^^' 
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 tliairfoir ordanis the electioun to pas 
ford ward. 



Die Marcurii xxinj^ Octobris 1568. 

The quhilk day, the seat hes creat and ordinat Maister Cf,^Htucio 
Alane Lawmontht and Maister Thomas Balfour thair procura- pr^}*ratorum 
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 
j ugis competent quhatsumevir, cum permis&ione 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 lawfuU or not * {/did, 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 manage;' but they forbade 
ministers and readers to marry any such persons under pain of deprivation 
simpliciUr^ and ordained the parties so joined to separate themselves {IHd. 

p. 377). 
^ A worker in horn ; but the name was also applied to an outlaw, one at the 

horn. 

^ A suburb of St. Andrews, immediately outside the city gates. 



S04 



REGISTER OF 



Brown, Turpie, The quhilk day, William Turpie, ansuering to the complent 
gevin in be Margaret Brown aganis hjnm, allegit that the said 
Margaret was corrupt and had carnal deal W3i;ht ane uthir man 
or he knew hir. This allegeances denyit be Margaret. The 
seat ordeined the said William to preve, this day aucht dayis. 



FlemiDg, 
Ramsay. 



Die Marcurii^ tertio Novembri^, anno Domini j'^tflxvi^^- 

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]^ to, and utheris twa merkis and ane half wythtin 
yeir and day nixt thaireftir. And to this effect to be actitat 
in the Stewarttis biikis 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 cans 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. 
Mylson, Pittiilo, The quhilk day, Thomas Myilsoun, smytht, is becum souerte 
Sym- of his awin propir confessioun for^ Thomas Pittiilo 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 
[*Sy^w^— deleted] Myilson be requirit upon xv dayis warning 
to caus the said Thomas Kttillo entir to that effect, quhow 
sone the said Thomas Pittiilo may guidlie cum to this citie 



Williamson, 
Parke. 



1 Omitted. 



= Thai in MS. 



ST. ANDREWS KIRK SESSION. 305 

wythtout suspicion of pest, undir paine of excommunication 
and XX lib. 

The quliilk day, in the term assignat to William Turpie to Turpie, Brow 
preve Margaret Brown to have bein corrupt or to have had 
carnal deal wytlit ane uthir man or he knew hir, producit be 
William, Archibald Dexten, Dauid Stein, Robert Fermour, 
((uha, being sworn resavit and examinat, deponit that tliey 
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 Marcuriiy decimo die mensi^ Novembri^y anno Domini 
mille^imo quingentesimo sexagesimo iiono. 

The quhilk day, in the terme assignat to William Turpie to Turpie, Brovs 
preve Margaret Bro\^ii to have bein corrupt or he had carnal 
deal wytht hir, comperit William, quha^ producit Jonet 
Symson, spous to Dauid Symson, in presens of Margaret 
Brown, quha deponit tliat, this tyme thre yeir or thairby, sche 
hard Margaret Brown say that sche had departit of bairn, bot 
quliom 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,* 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 Marcuriiy vigesimo quarto mensis Novembris^ anno Domini 
millesimo qtiingentesimo sexagesimo octavo. 

The quhilk day, Jonet Calland dwelland in Kilconquhar, [Cailand. Wi: 
dochtir to umquhill Johne Calland in Kilconquhar, Thomas ^°' ^^^* 
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 decern it to be punnesit for gaetting 

^ Qtm in MS. '^ Perhaps AusUane, 

U 



306 REGISTER OF 

of ane bairn borin be the said Jonet Calland, ilk ane for thair 
awn part, &€., 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 ^ this yeir ane kow fra ane calHt Toddie, 
8er\'and to Martine Dischington. And being demandit, gyf 
thair was ane madin bairn puttin to hyni and his wyf in nures- 
ing, at the first Marie day ^ last was or thairby, quha ansueris 
at the tyme foirsaid thair was ane madin bairn * put in foster- 
ing to his wyf, he nocht being at hame at that tjrme [bot]* in 
Xewbyggen selling ane hors to Andro Fairful. And being 
demandit, quha was the bairn father and mother, and quha ^ 
pat the bairn to his wyff, ansueris he kennis nethir the bairn 
father nor mother, and belevis ane calHt Margaret Ramsay in 
Kilconquhar and ane uthir woman of aige brocht the bairn to 
his hows. And being demandit, quhow lang the bairn was 
wji:ht hym in howseld, ansueris, fra the said Marimes quhil 
Monenday was aucht 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 
Tliomas maid the graifi^ quhairin the bairn was bureid. And 
being demandit, quha was present at the liaimis departur 
ansueris,^ liymself, his wyf, Jsobel Gilchriste, and Jonet Rogear ; 
and sayis that he kennis nocht quhethir the bairn was baptised 
or nocht. And attour sayis tliat 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, mead wyf in Balbuthie, witnes, sworn in the 
cans abuif wryttin, deponis that sche kennis perfitlie that 
Jonet Calland buir ane madin bairn, about the sext day of 



^ Bought. ' August 15th. ' Bom in MS. 

* Omitted. ^ Quha/ in MS. * Sayis attsueris 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 mydwyf 
at the t3mie ; and sayis thair was na crea,tur present at the 
bairn bering bot the deponent, Margaret Ramsay and twa 
baimis ; and sayis that the common bruit was that Martine 
Dischington was the baim[is] father, quha is guid brother to 
Jonet Calland. 

Marcuriiy octavo Decemhris^ anno Domini j^v<=lxviij^' 

The quhilk day, Jonet Calland being summond wytht the Calland, 
Superintendentis letteres to this day to heir trial takin of the ^^ °«toun. 
bairn that sche buir this last somyr, comperit the said Jonet, . 
quha, being inquirit quha was the baimis father, deponit as 
sche wald ansueir in the presence of God that George Disching- 
toun, brother to the Laird of Ardros, was the baimis 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. 

Tlie quhilk day [George Blah denuncit to the assemblie that — N<m tenet. 
deleted] Johne Gairdner and Besse Scott upon Sunday the 
xij day [ofd — deleted]. 

Non tenet, Sunday the xij day.^ 

Marcurii^ decimo quinto mensis Decembris^ anno Domini 1568. 

The quhilk day, it was decemit 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, decemit 
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 fomicatoris relapsit, and being punesit be the 
accusat thairof, confessit carnal deal betwix them and sche to ™agcstratia, 
be wytht childe. The Superintendent and assemblie hes referrit 
thame to be puneschit be the magestratis. 

^ These imperfect entries seem to show that no scroll minute-book was kept 
at this period. 



308 



REGISTER OF 



Rajt.j^giis. rij The quhilk day, the seat hes ordanit Elene Jnglis to be 
bris. warnit agane this day aucht dayis, to compeir to heir the 

objectiounis, proponit be hir aganis the witnes producit betwix 
hir and Alane Rait, discussit. 
Gcddy, Rykard. The quhilk day, Christen Geddye claniit mareage of Dauid 

Richard, be resoun of promis maid to hir ^ 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] ^ absolvit 
the said Dauid of the said clame. 



Wallace. 
Rymour. 



^RoulI» Dauid- 
son. 



Galbraitht, 
Brown. 



Rait, Jnglis. 



Die Marcuriiy vigesimo sectmdo Decembris^ anno Domini 

j^ifhcviij. 

The quhilk day, anent the complent and clame gevin in be 
Elspet Wallace aganis Henry Rymour, tweching the said 
Elspet desyre to cans 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, decemis the said 
Henrie to marie hir or content hir wytht gear. And now the 
saidis parteis hes 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 ^ nixt to cum. 

The quliilk day, Niniane Rowll and Eufame Dauidson, being 
dilatit to the Superintendent as fomicatoris, hes 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 
aucht nocht to adhere to Alane Rait hir husband, to wit, that 



* To hir to thir in MS. 



Omitted. 



' New- Year's day. 



ST. ANDREWS KIRK SESSION. 309 

Alane sould say that Tie 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 decemis 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 ^aduiterum, 
sekclaitht, for adultre committit be hir and haldand hir bairn 
unbaptizat be the space of thre yeris, undir paine of excom- 
munication. 



Die Marcuriiy vigesimo nono Decemh'is^ anno Domini 

j'^xflxviij'^' 

The quhilk day, Katharine Neische, dilatit to the Superin- Neische 
tendent as ane usurar, comperit and purgest hir self thairof ; ^^**^^^^' 
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,i dilatit to the Super- Todryk, 
intendent of fornication wytht Margaret Ramsay, comperit and ^^^y* 
purgist hym self be his grite aitht ; and monesit to abstein jfra 
hir in tyme cuming, et ab omni loco sufipedo^ undir paine of 
excommunication. 

Tlie said day, Jsobel Bonar, spous of Archibald Mwir, dilatit Bonarsponsa 
to the Superintendent for nocht cuming to the kirk to heir the j/^y* ^ * 
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.^ 

The said day, James Broig, Hev Lokart, Johne Blak and Barbourisof 
George Nairn, barbouris, dilatit to the Superintendent^ f^j. this atie. 
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. Morels, 
fornication to the Superintendent, comperit and confessit the 
sam ; and Margaret, now being wytht childe, and referrit to hir 



See pp. 28, 29. * Health. ' Superintendit in MS. 



810 



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, 
W3rthtin XX dayis efter hir birth t, [thai ar]^ to cum to mak 
satisfaction, &c. 



Ramsay, 
Duncan. 



Thowles, 
Christe. 



Die Marcurii, quinto die mensis Jantiarii^ anno Domini 



^m 



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 aucht da3ds. 

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 aucht dayis to gyf his testifi- 
cation thairof, wytht intimatioun gyf he comperis nocht it sal 
be haldin as confessit. 



Malwil, 
Lermontht. 



Die Marcurii, dtuxlecimo Januarii^ anno Dmnini millesimo 
quingentesimo sexagesimo octavo. 

The quhilk day, Agnes Malwill confessit that sche hes 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 
sclie maid satisfaction for hir offence in Marie Kirk of Aber- 
luthnot in the Meamis, in presence of the heal congregation 
thair. 



CitaHo Christe 
ad instantium 
Catharine 
Gourlay. 



Die Marcuriiy vigesimo seocto menMs Januarii^ anno Domini 

j*'*iflxi>iij''' 

The quhilk day, Thomas Christe, indwellar in Sanctandros^ 



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 incalling of the name of Christe Jesus, Sone of the Decretum 
eternal and evirleving God, quha is the way verite and lyfte, ^i^tUait 
throucht quhais guidnes and mercye we, minister eldaris and ^p^^ HtUni 
deacanis of Christe kirk and congregatioun of the citie and 
parrochioun of Sanctandros, ar callit as watchemen owre his 
flok, quhilk he hes mercifuUie delivered and reduceid from^ 
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 yens 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 ha vie 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 



^ Frorm in MS. 



312 REGISTER OF 

broclit 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 decemit 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 

Dicretum spousis to do ; and to this effect hes divers and sundrie tymis 

^lano^ait be our selves, and utheris myd person is of guid fame and con- 

conira Htitnam yersation, admonised the said Helene meikle gentely and als 

wytht threaetining of the paine of excommunication ; quhilkis 
admonitiounis sche hes stubbumle refusit to obey, and be na 
way wil adher[e] to hir said husband ; bot contemptueslie 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^ 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 benefitis of his Kirk, and to be deliverit to Sathan for 
destruction of the flesche, 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, occasioim 
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 
^vytht 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. S13 

gyf ony dois in the contrair they sulbe 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 wytlit hir. In witnes heirof the seal of the said 
ministere is affixt heirto at Sanctandros, &c. 

Per doinimim Superintendentein^ et minlsterium civitatis 
Sanctmndree^ die Marcurii^ seaindo die viensis ^ Februarii^ 
anno Doniini j^t^lxviij^- 

The quhilk day, Elizabetht Forret, spous to M. Dauid Gaw, Forret, Gaw. 
producit ane libellat somound of the Superintendents 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 laufuUie somound oft tjinis callit 
and nocht comperand, the Superintendent and ministerie 
assignat Wedinsday the nynte day of Februar instant to the NonoFebmarii, 
said Elizabetht, to preve hir somoundis in paine of non com- 
perence of tlie 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 
deceniit be the Superintendent and seat to be somound to heir 
and see hym decernit to proceid in mereage wyth Grissil Rau£P, 
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 t^^^^^^ 
the Superintendent and seat to present ane madin bairn, Chnste in 
begottin betwix hym and Maige Thowles, to baptisme on °^ 
Sunday nixt to cum, under pane of excommunication, and that 
in the parroche kirk of this cite. 

Per dominum Stiperintendentem et ministerium civitatis Sancti- 
andree^ die Marcurii^ nono die mensis Februariiy anno 
Doinin ij'^v^lrviif'^' 

The quhilk day, Andro Alexander, alias Gossept Andro, is Decretum 
admonisched be tlie Superintendent and seat that in tyme Andream 

Alexander. 

^ Stiperindentem in MS. - MensisJ. in MS. 



314 REGISTER OF 

cuming he suffer na opin cairting and dysyng, nycht walking 
and drynking, in his hows, under paine of excommunication 
and impresoning of his persoun. 



Per dominum Superintendentem et ministerium civitatis Sancti- 
andree, die Mercurii^ xvj*^ mensis Februarii, anno Domini 
j^v^lxviij'^' 

Dtcntumcontra The quhilk day, James Dudingstoun, maltman, being dilatit 

U^ston, " ^^^ using of cumpany in eating, drinking, and resaving in howss- 

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 hes bein in his hows sen sche was excommunicated, and 

hes eattin and drunkin wytht hir : quhairfoir the said James 

is decemit 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 soucrte to entir Male 

SooCrijxxiijo Robertson his sister befoir the Superintendent and seat this 

FOruanL j^y aucht dayis, to ansuere at the instance of James Scrimgeour 

hir spous, undir paine sic as salbe layit to his charge. 

Die Mercuriij xaoiij^ mensis Febriiarii^ anno Domini j'^tfhcviij^' 

Scot. The quhilk day, Johne Scot, as souerte to entir Male Robert- 

^SerSoiM' ^^ ^^^ ^^y^ ^^ 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] ^ 
remittit the injunction of the paine to Johne Scot to the 
Superintendent and modification thairof in like maneir. 

Die Marcuriiy penultimo mensis Martiij anno Domini j'^xflxiaf' 

Wcncsoun in The quhilk day, Thomas Weneson, in Kincaple, accusat for 

incap e. 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. 316 

jfra sic like in tyme cuming, quha hes promittit to do the 
sam. 

The quhilk day, James Thomsoun, dwelland in Balmerynocht, Thomson, 
being somound wytht my Lord Superintendentis lettres, to heir ^mytht. 
him decernit to complet and perform the band of matrimonie 
wytht Jonet Smytht, according to his promis maid to hir thair- 
upon, the saidis parteis compering be thame selves the said 
James deny it al promis. Tlie seat assignat this day aucht 
dayis to preve the sam. Partibus apud acta citatis. 

The said day Katharine Awat, dwelling in Balmerynocht, Awat, ^ 
being somoind wytht my Lord Superintendentis lettres, dilatit 
for commiting of incest wytht hir guidfather callit Andro 
Malcom,^ be ane child of twa yeris auld, and presentlie being 
wytht childe 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 seocto mensis Aprilis 1569. 

The quhilk day, anent the often tymis calling of George Decretum Su- 
Dischingtoun and Jonet Calland for ane procreatioun of ane ^/i^^J^^ntra 
childe ffottin betwix thame, quhilk departit unbaptizat, and Diuhington t 
nocht comperand, except the woman anis comperit ; m respect 
of tliair 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 Smytht, 
preve promis of mareage maid betwix hir and James Thomsoun 
in Balmerynocht, producit, be the said Jonet, Dauid Kay in 
Southt Ferritoun of Portin 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 yens 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 Kilbumis, Henry Boytour, 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 
lib., and Simon Adam promittit iiij boUis malt. 

Secundus testis. Thomas Kay secundus testis conformis Dauidj Kay primo 
testi. 

Tertius 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 aucht dayis, partibus apud 
acta citati^. 

Kenlowy. 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. 



/?v. 



Jamesoun, 
Staig, fij. 



Die Merairii^ xoovij^ mens'is Apnlis^ anno Domini f'^zflviay'y 

per Siiperintendentevi et sessionem, 

Anent the plcy of promis of mareage be Elspet Jamesoun 
aganis Thomas Staig, and they being somoind to this day the 
said Thomas and Elspet grantis that they [had]^ 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 hes nocht pro- 
bation, referris the promis to his aitht sirnplicHer, 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 



Omitted. 



ST. ANDREWS KIRK SESSION. 317 

hir bot gmd and honestie quhill the tyme he had deal wytht 
hir. Bot he allegis that thre yens 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 Tliomas confessis that he hes 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- ^™^ 
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]^ 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 ^ being callit Appreving of 
and accusat for nocht assemling wytht the rest of the congre- Thomas Meiiit 
gatioun to the communion, according to the ordour tane, and ^J^^^n *^' ,. 
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 

^ Omitted. 

' For his accusation, proud answers, and decreet against him, see pp. 135-138. 



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, primo Jujiiij anno Domini j*"ifhnaf' 

Rcsavingof The quhilk day, Laurence Dalgles comperit befoir the 

glcs 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 faithtfiillie 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, wytlit his awin hand. 

Laurence Dalglesche. 



Decretum 
Skirling. 



The quhilk day, the Superintendent, wytht avis of the assem- 
blie, hes ordinat and decemit 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 ^ 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^ in thir bukis, upon Wedinsday the xviij 
day of Maii last bipast. 

Die Merairii decimo octavo Maii 1569. 

Dischingtoun, The quhilk day, in respect of the promis of mareage, con- 
Caliand. fessit in presens of the Superintendent and assemblie, maid 



1 Followit in MS. 



^ 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 decemit the saidis Greorge 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 Kircaldy, 
Maister Andro Kircaldy and Sir Johne Bowsye, and of thair ^^^** 
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 ofTendit 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.^ 

I, Maister Dauid Dischingtoun, am content and promittis m. Dauid 
faithtfullie be thir presentis that, gyf the Superintendent of pi^^4°of° 
Fyiff and Maister Robert Hammiltoun minister of Sanct- J®!^"? ^o 
andros wil assure me on thair consciences that the ordour now 
usit be thame in the kirk of God concerning the ministratioun 

^ In the General Assembly, on the 25th of December 1565, * Mr. Johne 
Winram complainit upon the said Mr. Johne Fnide [minister of Dalmeny], that 
by his counsel! and perswasion the Ladie Kilconquhar and Johne We3m[iis had 
contractit mariage [per] verba de presenH, 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 
Universall Kirk^ i. 66). Andrew Kirkcaldy is mentioned as a notary in 1 529 
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 Wemyss^ ii. 156, 170, 209, 278). 



S20 REGISTER OF 

of the body and bluid of Christe is treulie usit and ministrat, 
according to Christis institutioun in his lettir supper; and 
that at resaving of the bread and vryne^ I resave spiritualie be 
faitht the body and blude of Christ, and my saule is nuresed 
thairby to lyft* 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 jone 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 Discliingtoun wytlit my hand. 

Maister Dauid Russal promittis tlie sam in name 

of my broder abone writtin. 

The xviij day of Maii 1569. 

Adjunctioun of The quhilk day, Maister Dauid Dischingtoun comperit 
^sSfngtoun befoir the assemblie, and, eftir the Superintendent and minister 
toreUgioun. had satisfiit hym as is abone wryttin, adjunit hym faithtfuUie 

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 quhito mcnsls JunU^ anno Doinini 
millesirno quingentesimo sejragcsivio nono. 

Decreium The quhilk day, the Superintendent and ministerie hes 

^PatriHum ordanit and decemit 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 
[ftZanAr], and gyf he be the father of the bairn or nocht ; and 
confessing the sam, he to be decemit 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 yens bigane and maid continual disobedience. 



Die Merairiiy lAgesimo secundo Junii^ anno Domini 1569. 

The quhilk day, Elizabetht Crychttoun Lady of Carmurie Decntum 
and Fatnk Cxray hir servand, bemg somound be the Supenn- matrimonii 
tendentis lettres deulie execut and indorsat to compeir this day, ^^^^^'^^ 
as they that, upon Sunday the twelf day of the monetht of 
Junii instant, at proclamatioun of the bannis for the thrid 
t3nme 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^ 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, decemit 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 tliat effect gyf myster be. 

Die Mercurii^ sexto Julii 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 thi in MS. 

X 



S2!2 



REGISTER OF 



seat referrit the ordour to be takin thairintil to the Superin- 
tendent. 
Waicar, Daiis. The said day, anent the clame of promis of mareage perseuit 
be Agnes Walcar aganist Johne Daiis smytht, ba3rth ^ 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 
awin consent and in ful contentatioun for defloring of hir vir- 
ginite, to hir support and help hes 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- 
,fagn causa. The seat hes decemit and ordinat this excusa- 
tioun to be publist be the minister on Sunday nixt to cum, and 
Maister Dauid to be present^ and confes the sam and appreve 
his adjunction and imbreassing of our religion. 



Jnglis, Rait. 



Die Marcurii^ decimo mensis Augusti^ anno DonnniJ'"TfIxia^, 

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 



^ Be in MS. 



' Presentlie in MS. 



ST. ANDREWS KIRK SESSION. 828 

nixt to cum, and continewat the decreit of correction to be 
pronuncit upon Wedinsday the xvij day of August instant. 



Die Mercurii^ xxiii}^^ merms Augusti, anno Domini miUesimo 

quingentesimo sexagesimo nono. 

The quhilk day, the sessioun hes ordeined Laurence Dalgles Laurence 
to cum to the parroche kirk upon Sunday nixt to cum, and to ^ ^ 
remain to ^ 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 ^ 
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 VeneriSy decimo quarto mensts OciohriSy anno Domini 

J'^xfLv nono. 

Eldaris electit and chosin. 

Maister Johne Dowglas, Rectour Maister Martine Geddye 

Maister Thomas Balfour Maister William Cok 

Maister William Ramsay Johne Motto, Johne Muflat 

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. 



Kemain t in MS. ^ TestitiJU in MS. 



824 REGISTER OF 



Die Mercurii^ secundo Novembris 1569. 

Dilatioun to be The said day, it was devisit statut and ordinal that gyf thair 
gem up be the ij^ ^^^ ^£ ^j^^ sessioun that kennis ony adulteraris fomicatoris 

or [persounis] ^ culpable of qny uther crymis, that they sould 
gyf up thair dilation this day aucht dayis. 



Die Mercuriiy nono Novembris 1569. 

Maling. The quhilk day, the sessioun hes ordinat Agnes Maling to 

be wamit to compeir befoir the assemblie this day' aucht 
dayis, to ansueir to sic thingis as sche salbe accusat of. 

Dischington. Iteniy siclik Maister Dauid Dischingtoun to be warnit in lyke 

maneir. 

Ramsay. Iteviy siclike Patrik Ramsay of CuUuthye 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, Pro vest of 
Kirkhill, was baptizat in Marie-kirk of Abirluthtnot, and 

Septimo Decern- that sche maid satisfaction to the kirk thair as sche allegis, 

^^' the vij day of December nixt to cum. 

Darny, Pater- The said day, Petir Demy and Marioun Dande alias Pater- 
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. 



soun. 



Die Mercuriij vigesimo primo Novembris^ anno Domini millesimo 

quingentesimo sexagesimo nono, 

Conftmo The quhilk day, Marable Ryad,' in Byrhillis, being dilatit 

^®**'- to the seat of fomicatioun, confessit that sche buir ane bairn to 



> Omitted. ' Dayis in MS. 

* Altered from Rtad^ probably meant for Kymi. 



ST. ANDREWS KIRK SESSION. 826 

Johne C/orstorphine cowper, brother to Martine Corstorphine 
in Byrehillis, at Martimes was twa yeris ; and the seat ordanis 
Jonet 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 Merairii^ septimo die mentis DecembriSy anno Domini 1569. 



»». 



The (juhilk day, the session hes Qohtinuat the action and Superintendent, 
cans intentat be the Superintendent of his office aganis Dauid 
Betoun ofiF Creicht and [blank] Lesly |iis spous, in presence of 
the said Laird and Lady, undir hoip of concord, to ferd day o{ Quarto 
Januar nixt to cum. The saidis personis wamit apud acta, Januanu 

Die Mercuriiy xiiij^'* Decembfis 1569. 

The quhilk day, Jonet Paterson in Pukye, and Jonet Brown Depositionii. 
thair, witnes, wamit at command of the seat to testifie in sa Brown. * 
far as they ken quha was the father of the bairn borne be 
Marable R}md in Byrehills, twa yeris 83me 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- 
deliverit, hard hir say, God let hir nevir be bettir nor sche 
was sche head nevir camail deal wytht man bot wytht Johne 
Corstorphine, Beiggis Fermour sone, and the baime was his. 



Die Mercurli, xjcj'"^ Decembris 1569. 

The quhilk day, Andro Lawson, in Nethir Mawgis, sworn, Cbaeplen, 
deponis that he was present quhen Jonat Lawsoun, now nurice ^"^°' ^^' 
in Lathokir, pat the bairn begottin betwix Johne Chaeplen in 
Ladedey and the said Jonet to ane mylk ^ 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] ^ ordanis the said Jonet to cal Catherine Mvir 
in Bwnfeild and witnes, to this day aucht dayis, to bear witnes 

1 Myk in MS. 2 Omitted. 



826 REGISTER OF 

and testifie that sche deliverit the bairn to the said Catharine 
in nurisching, &c. 
Durye. Wob- The said day, anent the Superintendentis 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^ 
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-hallowmes was ane yeir. And 
Johne allegis that he offered hym syndry tymis to reid the 
prayeris and was stoppit. Ad probandum hinc inde allegata 
hodie ad octo. 



Die Mercuriij xxviy^ Decembris^ 1569^ presente Superintendente. 

rwobstar, 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 decemit 
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 * the Superintendent writing to dischairge me 
and that ye ar admittit. 



* Superintentfit 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 rourye, 
his allegeance aganis Johne Wobstar, producit Alexander ^^^'^"'•J 
Sibbald of Rankelo,^ Florence Auchtmowty, Johne Spens, 
William Mylis, Dauid Dwn, Thomas Schewes : quhairof com- 
perit Alexander Sibl)ald, Florence Auchtmowty, and Thomas 
Schewes. Tlie 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 Auclitmowtye 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- JJ^bsiar. 
star and^ Dauid Dury to [do]' 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 iVemis de 
of the Superintendent of his office aganis Johne Wemis of 
that Ilk and Jonet Trail his spous,* anent thair adherence in 
bed and buird as man and his wyf aucht to do of the law of 
Grod, and anent sic thingis as he was to inquire of them, at 
thair compering befoyr^ hym, of his office, &c., [as]* at mair 



^ 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 {Hutory of Fife^ 1S03, 
pp. 393, 394 ; Anderson's Scottish Nation, iii. 450). 

2 Atid and in MS. * Omitted. 

^ In 1556 Sir John Wemyss of that Ilk divorced Margaret Otterbum, whom 
he had married in 1534 ; and, before the 21st of February 1 557-8, 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 1571-2. 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 
£iQOO Scots, in full satisfaction of all her claims of terce or conjunct infeftment ' 
(Sir William Eraser's Memorials of the Family of Wemyss, i. 150-1^5). 

' Be in MS. 



328 



REGISTER OF 



[Dunre 
•appeus.] 

[Wobstar, 
burjre.] 



lyntlit 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 pocht 
desyrus to do ony wrang or be ower heasty in proceding aganis 
ony of the parteis, bot rather to gyf to them sufficient tyme to 
produce thair defensis, and in hoip of concord be mediation of 
freindis, [he]^ ordanis the saidis personis to be somound to 
jrjrv*»7tf««flnv. 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 deceme them stmplictter 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 say 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 Wedinsday 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 tlie said day. 

The quhilk day, anent the adlierence betwix the Laird of 

Creicht and liis wyffe, the Superintendent, wytht avis of the 

assemblie, assignit Wedinsday the xxij day of Februar nixt to 

Dauid Beton of cum to gyf in and schaw al thair causis and resonis quhy they 

sould nocht adheir ; wytht intimation gyf they compeir nocht 

xxijf" Febru- that day to the effec foirsaid, the Superintendent wil deceme 

*"*' them simpliciter to adheir. Partibus predicts ajmd acta citaiu. 

Superintendent, 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 Pryde, denyis adulterie committit 



Wobstar, 

Durye. 

«/» januar it. 



Beton, Leslye. 



Syinson. 



Omitted. 



ST. ANDREWS KIRK SESSION. S29 

wytht Maige Burd ; and ^ confessis he hes had carnal deal W3rtht 
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 ^«^«»<^<» 
of Marche nixt to cum, to resave his injunctionis 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 ^ of Parliament. 

Die Maratrii, decimo octavo mensis Jantuirii^ anno 

Domini j'^xflxix"^' 

The said day, Maister Johne Dalglesche is decernit, be* sens- rij Dalglesche. 
ment of the Superintendente and assemblie, to reinuif Janet ^*""*- 
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 
excommunication. 



Die Mercurii^ xarc^'* mensis Jamiarii^ anno Domini j'"iflxiaf^ 

The quhilk day, in the terme assignit to Maister Johne Dalglesche, 
Dalglesche to compeir this day to preve sufficientlye that Jonet ^®"*^^ 
Wemis is his mareit wyfiFe, 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, ^y^^**"- 
that quhair upon Setterday the xxj day of Januar instant, 
undir silence of nycht, the said Johne schot hir and possit * 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 wamit be Alexander Roucht and 



^ And and in MS. *•• Actistis in MS. ^ Ba in MS. * Pushed or pounded. 



S80 REGISTER OF 

Alexander Myllar deakinnis to compeir this day befoir the 
session, contenualley disobeyt, thairfoir the session committit 
hym to the magistrattis. 



Die Mercufiif primo Februarii^ anno Domini mUlesimo 
qutngentesimo sexagesimo nono, 

Ogiiwy, Zwiil. The quhillc 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 common ing 
of contract of mareage betwix William Zwill hir father and 
Patrik Ogilwy 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 wamit 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 Ogilwy to 
Christen Zwill. 
Dicreiumses- The quhilk day, the sessioun hes ordanit public admoni- 
Johannem ' tiounis to be gevin furtht upon M. Johne Dalgles, to remuif 
Daif^iesche, Jonet Wemis persoun excommunicated furtht of his cumpany 
and mutual cohabitation,^ under paine of excommunicatioun, 
conform to the ordour ellis takin in the kirk. 



^ Excommunicalion in MS. 



ST. ANDREWS KIRK SESSION. 381 

Die Mercttrii, octavo die ntensis Febmarii, anno Domini 1569. 

The qiihilk day, Maister Johne Dalgles producit his com- Daiglesche 
plent to the seat ; the assemble, being present wanting ane ^tbruaHi. 
grite numbir thairof and in spetial the Superintendent and 
minister, continuat ansuere to the complent to this day xv 
dayis, to wit, the xxij day of Februar instant. 

Die Mercuriiy vigesijno secundo Februarii^ anno Domini 

j*^xF sexagesimo nono. 

The quhilk day, the seat, in respect of Jonet Patersoun Decreii of the 
aitht gevinand depositiounis of witnes maid anent the bairn ^^-.^^in 
bom be the said Jonet to Johne Corstorphine, ordanis the said ^ratorphine 
Jonet to cum to the parroche kirk of this 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 Supermtendent Beton, Lcsiy. 
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 
desyrit 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*»MariiL 
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. Partibns apud acta ciiatis. 

Die Maraif'iiy decimo quinto menms Martn^ anno Domini 

jm^rc sexagesimo 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 ^^^^^^* Leslye. 



882 REGISTER OF 

adhere to Dauid Betoun of Creicht, hir spous, in bed buird and 
mutual cohabitation, according to tlie last act of this caus, 
maid upon the xxij aay of Februar last bipast, the assemblie, 
in absence of the Superintendent, wytht consent of parteis, con- 
tinuat the said caus, in the sam stait form and effect as it is 
now, to the xij day of Aprile nixt to cum. Partibtis apud acta 
citatis, 
Zwil, Ogilwy. 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 tlie 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]^ upon 
ane Sunday.^ In respect of the premissis and utheris circum- 
stances moving the seat for the tyme, the seat condescendit and 
grantit the said request. 

Die Mercuriiy vige&lmo secundo mensis Martii^ anno Domini 
j'^v^lxiaf^^ in presentia domini Snperintendentis minhtri et 
sessionis. 



Decretum The said day, the sessioun ordanis Maister Johne Dalgles, 

M, johannem 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 hes nocht obtemperat. 

Spcns, Kairais, The quhilk day, anent the somoundis rasit at the instance 

^^' of Margaret Spens spous to Henry Kairnis aganis the said 

Henry, the sessioun decemis and ordanis the said Henry to 
be somound of new to this day aucht dayis, and in the mean 



1 Omitted. 

2 ' The Sunday befoir sennon 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. 833 

tyme the Rectour, minister, M. Thomas Balfour and Maister 
Martine Greddye to speak the said Henrye, to se gyf he may 
l)e reconciled wytht the said Margaret. 

The said day, Robert Braed, being dilatit to be ane Papist Decrehim 
and mentenar of Papistrie, is decemit be the sessioun that gyi^R^lurtum" ^ 
evir he be fund dilatit of the premissis again [he] ^ sal pay to ^^^^^ 
the coUectouris 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. 

IVie Vigesimo nono mensis Martii^ anno Domini millesimo quin- 

gentesinio septuagesimo. 

The said day, the sessioun, in respect of Jonet Wemis Ordinance of 
obedience schawing, ordanis hir, upon Sunday nixt to cum, to anenOonct 
cum to this parroche kirk, and thair to resave sic discipline ^*™»''- 
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] ^ be 
reasoun of the said Jonettis grite seiknes and infirmite. 

The said day, anent the complent of Margaret Spens aganis Decretum 
Henry Kaimis hir spous, the sessioun hes thocht expedient that ^Kairnt/S^" 
the Rectour, the minister, Maister Thomas Balfour and ^P^^^ cmjugts, 
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 buii-d and mutual cohabitation, &c., he to be 
publiclie admonesed to that effec in write, under paine of 
excommunication, &c. ; and to l)e summound to that effect to 
this day aucht dayis. 

Die Mercuriij decimo nana mensis Aprilis^ anno Domini j'^xf 

septuagestmo. 

The said day, the sessioun ordanis ane writing to be direct Daigies. 
to Robert Boswel in Ryallie, to compeir befoir the session this ^ '' 



' Oniitted. 



9S4 REGISTER OF 

day aucht dayis, to propone and all^e cans gyf he ony hes to 
stop mareage betwix Maister Johne Dalgles and Jonet Wemis ; 
wytht intimation gyf he comperis nocht, command sal be gevin 
to Greorge Blak redar to proclame the bannis on Sunday nixt 
to cum betwix the said Maister Johne and Jonet. 



DU Mercurii^ vigesimo sexto mensis Aprilis, anno Domini 1570. 

Dtcrehtmfnh The Said day, in the terme assignat to Maister Johne Dalgles 

^bMMt^um'inter ^® reproduce Robert Boswel ansuere of the writing direct be 

^/zL'**'** the session to hym befoore the proclamation of bannis of mareage 

Jometam l)etwix the said Maister Johne and Jonet Wemis, comperit the 

***"• said Maister Johne Dalgles, quha schew to the seat ane decrete 

absolvitourof 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 xxyj 

day of Marche yeir of God j™v^lx>nij yeris. In respect of the 

quliilk, the seat ordanis and decemis George Blak redar to 

proclame the bannis betwix the saidis Maister Johne and Jonet 

Wemis. 

Nota. The quhilk day, the sessioun, wytht avis of tlie Superintendent, 

to^^m^ter ^^ respect 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^ 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. 
Hifiiintio The said day, Maister Rol)ert Hammilton, minister of Sanct- 

HMnilton**' andros, and Maister William Ramsay, secound principal 
^^•""*y- maister of Sanct Saluatoris CoUeage, requirit M. Johne Winrani, 

Superintendent of FyifFe, and the session of Sanctandros (in 
consideration of ane accusacion gevin in aganis them respectii^ 
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 



Obtaining. 



ST. ANDREWS KIRK SESSION. 386 

William Clark, ministeris, quhair it was concludit that the 
trial of the said accusatiounis sould be reraittit 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.^ 



^ There is a blank after this entry, but on the 2 1st 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 ' 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 {Memcriales, 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 f 1662, second part, p. 368). Petrie adds within brackets — '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 Universall 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 fomudly 
approve his doctrine [Lectures on the History of the Church of Scotland^ L 303). 



336 REGISTER OF 

Die Mercurit^ tertio Man 1570, per Superintendentem et 

sesAonem^ mimstro presente. 

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 baimis father ; and 
oiFeris hir to swear the sam. And Dauid [in] ^ 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 * 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 * scho helpit hym of wytht his clathis and 
[he] ^ 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 off*eris hym to swear the sam. Attour, 
comperit Jonet Ademsoun and Male Abimethye, 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 they ar bot wemen and aucht 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, ordanis 
them to be sworn ressavit and examinat 

* Omitted. ' TAay in MS. * Aftd a$ul 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^ last bipast, sche was in Male Abiniethy hows, 
(|[uhair Maidge Pryde was extremely seik as woman mycht he 
in hir byrtht ; and the deponent askit of Maidge quha was 
the bairn father : sche ansuered, I warrand it is yowng Dauid 
Luklawis. 

Male Abimethy citaiajurata recepta et examinata conforms 
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 Mercuriij vigesimo quarto mensis Maii, mirw Domini 

j"*rF sepiuagemno. 

The quhilk day, in respect of the adulterie manifestlie com- Chnste, Rynd, 
mittit ^ be Thomas Christie wytht Jonet Rynd, and they being sessionis, 
accusat thairof and confessit, the sessioun hes committit 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 

The quhilk day, James Bisset is decernit be the Superintend- Decrttum 
ent to remove Catharine Ferry furtht of his hows, and [to entulontra 
abstein]^ fra forthir cohabitatioun wytht hir in tyme cuming ^"^''^ ^' ^*^'^* 
in bed or buird, wythtin xxiiij howris, undir paine of excom- 
munication. 

The said [day],' Robert Grub is decernit in al tyme cuming Decretum 
to observe and keip his pans kirk, for herjdng of the Word of ^^ ^ 
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 ^^' 
upon the promis of mareage referrit be Besse to his aitht, the 



^ Zwil Zwlis-eiuin in MS. ' Confessit in MS. Omitted. 

Y 



338 



REGISTER OF 



Decrtium 

Samson, 

Kempt. 



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, Niniane Rowl, Dauid Stevin and 
Johne Mwir. The Superintendent, in respect of the deposi- 
tionis of the witnes, ordanis and decernis Andro Kemp, upon 
Fryday nixt cumms eflir 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 Winrani 
coUectour to pay to Dauid Symson mother in first end of his 
stipend xxs. 
Peablis, Grub. The said day, Alexander Peablis and Johne Grub decemit to 
keip the kirk on the Sabbat day in tyme cuming, undir paine 
of excommunication. 



Bruce, Geddie, 
rij. 



Dteretum 
tesHmonialium 
M, WilUlmj 
Rawuay 
ministri 
vtrbi Dei, 



m^mialium 
mUlton 



D\e Mercuriiy xaj'"^ Junii 1570. 

The said day, the session hes 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, eflir 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 decemit 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. 389 

minister, Maister Robert Hammiltoun, as they wald ansueir 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 ^ wald ansueir in the pre- 
missis according to the trewtht, and to have thair testimonial 
thairintil in dew form as efferis, 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 fyifle day of Julii nixt 
to cum. The quhilk petitioun the assemblie, understanding to 
be resonable, willing to bear testimonie to the trewtht, testifiis 
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 ^ 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 instrumentis, is yit kepit amangis us ; 
and swa na abuse, prasit be God, cropin in in our kirk be his 
negligence, nor yit mentenit be h3rm, 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 ^mmlstcr ^^ 
healht, be reson that he being impedit sen syne wytht preach- licence to gyf 
ing of the Word, exercising of fastein, public prayeris, and cunt of his 
ministration of the Lordis supper to the land wart, that he ^^^^**^- 
mycht use it quhen he thocht tyme maest convenient. The 
session, al in ane voce, consentit to the prorogation of the said 
license. 



^ The in MS. ' Demeaned or behaved. 



S40 



REGISTER OF 



Deentum 
Derny. 



Die Mercurii, decimo nono mensis Julli^ anno Domini j^xf 

septiiogestmo. 

The quhilk day, Mareoun Dande exonerat, quit-clamit 
and dischargit Petir Daimy 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]^ ordanis the said Petir bannis to be proclamit 
this nixt Sunday. 



Die Mercuriiy vigesimo sexto mensis Jidiij anno Domini 
miUesimo quingentesimo septuagesimo. 

Betoun de The quhilk day, anent the somoundis rasit at the Superin- 

Creyckt, Lesfye. (^gndentis instance of his office aganis Dauid Betoun of Creich 
and Beterage Leslye his spous, tweching thair adherence, &c., 
as Christiane man and wyife, 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 
be assignat to hym to ansuere to the saidis allegeances, quhom 
to the Superintendent assignat the penult day of August nixt 
to cum. Partibus apud acta citatis. 



Penultimo 
AngttsH. 



Nota. 
Nota. 

Decrdt of the 
Mat anent the 
puiris. 



Die Mercuriiy nono die mensis Augusti^ anno Domini 
miUesimo quingentesimo septuagesimo. 

The quhilk day, it is decemit 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 frequentis 
and cummis to sermoundis, public prayeris, examinatioun and 
communioun, presenting of thair bairnis to baptisme, and wil 



1 Omitted. 



ST. ANDREWS KIRK SESSION. 841 

gyf corapt of thair faitht, and can say the Lordis Prayer, Beleve, 
and Conunandementis of God, or at the least sal learn the sam 
wythtin ane inonetht ; and als to mak it knawin and congrega- 
tion thair mareage.^ 



Mercnrii^ die pentdtimo me fish Aiigusti 1670. 

The quhilk day, in the ternie assignat to Dauid Betoun of Betoun, Lesly«b 
Creicht to ansueir to the allegeances of Beterage Leslye maid <'<''^*'- 
upon the xxvj day of Julii last bipcust, the saidis parteis com- 
perand be them selves, and the Superintendent being absent be 
reason of quhais absence the cause slepis. 



Die Mercurii, decimo tertio Septembris^ anno Domini miUesimo 

qui)igentesimo septuagesimo. 

' The said day, the sessioun hes ordanit ane supplicatioun to //oia. 
be direct to the magistratis of this citie for guid ordour to be oiTthTmSteB? 
takin in tyme cuming, for reformatioun of the grite abuse usit ^ycofnew 
be new mareit personis in violatioun of the Sabbat day ; and in wyihin thisdiic 
spetial quhen, the day of thair mareage eftir nuin,^ they resor[t] ISJsoSba? ^^ 
nocht to liering 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 Odobris^ anno Domini j^v^ 

aeptiuigesimo, 

Patrik Myllar and Catharine Donaldson hes agnoscit thair Millar, Donald- 
fail of fornication, and the said Catharine to be wytht childe *®°- 
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. 



^ This clause is unintelligible, probably through the omission of some words. 
- Marriages were then solemnised on Sabbath forenoon {infra^ p. 345, n. l). 



84S REGISTER OF 



DU Veneris, decimo tertio Octobris, anno Domini J'^v^ 

9epUiagesimo. 

Eldaris chosin be commoun voit and consent of the kirk, 

MaisterJohneDowIglas, Rector Mr. Martyne Geddye 

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 Greorge Blak 

William Gilford Andro Motto 

Johne Levingstoun Andro Watsoun 

Alexander Winchestir Thomas Layng in ElenehilL 
Alexander Roucht 

Die Mercurii, decimo octavo mensis Octobris, anno Domini 

j'^if sepiiiagesimo. 

Nota, The quhilk day, [the maest part o^^— deleted] the sessioun 

2«^rt fw" °^ being assemblit ratifiit and apprevit the Act maid of befoir, 
convening. tweching the convening to the assemblie at twa eflir 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 grautit. 

Die Mercuriiy decimo quinto mensis Novembris 1670. 

rimis^lra '^^ ^^^ ^y^ *^^ ^^^^ decemit Andro Forret and Agnes 

Forret^ et Wai- Wallace to desist and ces fra forthir mutual cohabitatioun in 

bed and buird, ay and quiiill he 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. 



* Forrret in Ms. 



ST. ANDREWS KIRK SESSION. 34S 

Johne Wilsoun, baxter, dilatit for ane common blasphemar, Decretum 

, , 11.1 1 / J • . sesHonis contra 

swearare, bannar and ane common drunkat, admonescd to desist wiison pis- 
in t3rme cuming, uthirwaiis he sal nocht be admittit to the '^'''*'* 
c'ommunioun nor his bairnis to baptisme, and gevin in the 
handis of the magistratis to be punesed. 

Grelis Symsoun, spous to George Vtein baxter, decemit to Decretum 

i., 1 .. •/• IT /» Ti ii 1 scsHonts contra 

desist and ceas m tyme cummg ira selling of candil and braed Symsonsponsam 
on Sundays, and nocht resorting to the kirk for heryng of ^'^^^O ytem. 
Goddis Word, missaying and disobedient to hir husband, undir 
pane of ten lib., and to sit in the joiggis xxiiij howris ; and 
lykwys dilatit for fliting wytht hir nychtbouris, and selling of 
brt»ad tyme of sermon on Sunday. 

Die Mercurii, vigesimo secundo merms Novernbris^ anno 

Domini j'^v^lxcxf^' 

[There is a blank after this heading.] 



Die Mercuriiy decimo tertio mensis Decembris^ anno 

Domini j'^iflxaf*^- 

The quhilk day, Jonet Smytht, lauful dochtir of Patrik Smytht, 
Smytht maltman citenar of Sanctandros, in presence of the ^'^°*'- 
Superintendent minister and sessioun-ecclesiastical of the said 
citie, exponit and declarit that it was nocht unknawin to them 
that quhow, in the monetht of November last biptust, 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,^ desyring heirfoir sic remedy of the 
Superintendent^ minister and sessioun mycht of Goddis law 
mak to liir 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 



* The Marlines owned the half of Gibliston from 1494 to 1622 (Wood's East 
Ncuk of Fife ^ 1887, pp. 268, 269). 

* Superindent in MS. 



ia. 



844 REGISTER OF 

bailies of the citie of Satictandros, 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 Icapit ^ na herm thair throw, bot was als 
cleine and pure thairof as sche was quhcn sche was borne of hir 
itrument mother. And heirupon the said Johne Martine, in name and 

behalf of the said Stevin M artine, askit act and instrument, 
daratioun of The said day, Maister Robert Hammiltoun, minister of the 
jnmiltottn citie of Sanctandros, schew to the sessioun quhow that it was 
'**^Si^***d* nocht unknawin to them quhat travel and^ labour he had tane 
rioun. 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 ^ of guid memorie; quhair- 
throw they mycht perceave that he was becum waik and debilitat 
in his bodie, and so unhable to sustein sic grite chairgis as 
befoir : * 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 they 
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^ 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 

* Received. ^ And and in MS. 

* The Regent Murray was murdered on the 23d of January 1569-70. 

* 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. 

' Here this entry is turned over the leaf, but the scribe has inserted the next 
entry — ^reUting to Zowng and Myles — at the bottom of this page. 



ST. ANDREWS KIRK SESSION. 846 

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 ; ^ 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 meiisis Januarii 1570. 

Comperit Mr. Antone Zowng and confessit ane bairn borne Zowng, Myics. 
be Gelis Myles to be his, and promittit to present the bairn to 
baptisme and submit hym to discipline ecclesiastical. 

Die Merciiriiy vigesimo primo die mensis Februarti, anno 
Domini millesimo quingentesimo septuagesimo. 

The quhilk day, the scssioun hes decernit Elene Jnglis * to Decreium 
bring ane sufficient testimonial fra Alane Rait hir spous that B^fJ^mj^u, 
sche hes adherit to hym in bed buird and mutual cohabita- 
tioun, and is content to remain wytht hym oure alquhair, at 



^ * Some churcheis may convene everie day ; some thryise or twise in the 
weeke ; some perchance hot 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 day 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, besydb 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). 

' She had been excommunicated for stubbornly refusing to adhere to her hus- 
Ixind and for contemptuously despising the voice of the kirk ; but had afterwards 
offered to submit to discipline [supray pp. 311, 312, 322). 



846 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.^ 

Nota, Patrik Myllar, cowper, dilatit that he said publiclie, that 

^ "• sum of the eldaris and dakinnis of the seat,^ 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. 
Layng, r//. 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 aucht 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 ^ 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 aucht dayis. 
Decritum The said day, the seat hes ordanit Maister Thomas Balfour 

^^i^lrtumHew ^^ deliver to Robert Hew officer of the session xx s., in compleit 
ojficiarium. payment of al thingis bi^ne, and quhil Michaelmcs nixt to 

cum to deliver to hym sic accidentis as may fal in the niein 
tyme. 

Die Mercurii^ qiuzrto die viensis Aprilis^ anno Domini j"'t^ 

septuagesimo primo, 

Decrete of the The quhilk day, anent the chartour of reces of the Super- 
&^!Sniradent intendentis presentit to the assemblie, the assemblie resoning 



chartour of 
reces. 



^ This entry is very faint, especially the words in the margin. 

^ Probably this clause should have been deleted. ' Quhat in MS. 



ST. ANDREWS KIRK SESSION. S47 

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 Mercurit a^viij^ 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 of ^^®"®J°*?**'' 
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 faithtfuUye 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 ^ salbe requirit of hir, and to find sufficient cautioun 
heirupon undir paine of fourtie lib. 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 decemit hir to be resavit again, 
and to bruik and jois the benefit of Christis Kirk, as ane livelye 
membir thairof. 



* As as in MS. 



848 



REGISTER OF 



DecretuiH 
sessionis, rij. 



Haminiltoun, 
Scot 



Vote of sessioun 
anent fasting. 



Decretum 
sesHonis, 



Die Mercurii, mgesimo tertio mensis Mail, anno Domini j'^xf 

sepitiagesimo primo. 

The said day, the brethir of the sessioun assemblit hes 
ordenit the officiar of the assemblie to wame the heal brethir 
of the sessioun and membris thairof, to wit, minister eldaris 
and diaconis, to compeir this day aucht days, to intrait upon 
sic thingis as sal be oifered 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 camall 
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 Maii^ anno Domini 1571. 

The quhilk day, it is voted be the sessioun [or^ at least be 
the maest part thairqf — deleted] that thair was na public 
fasting desyrit of the seat to be injunit and proclamit for ony 
occasioun or cans occurring befoir this day ; nocht the les the 
hael sessioun, in respect of grite trublis apperand, hes thocht 
expedient public fasting to be inditit, wytht avis of the 
Superintendent, and that conform to the act of the last General 
Assemblie ^ 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 hes ordenit the names of them that 
presented nocht thame self to the last communioun to be 
schawin to the seat. 



' 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 1 570-1, * 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' {.Bookeofthe Univenall Kirk^ i, 193, 194). 



ST. ANDREWS KIRK SESSION. 849 

The said day, the seat hes ordenit Alexander Roucht and Dtcretum 
Alexander Winchestir, deaconis, to wame Maister Dauid Disch- ^Magistrum^ 
ingtoun to compeir this day aucht dayis, to ansueir to sic ^[^^^^HLoun 
thingis as salbe proponit to hym. rij. 



mo. 



Die Mercurii, xoomj" mensis Junii^ anno Domini j'^iflxxj 

The quhilk day, comperit Elspet Hammiltoun and confessit Confessio 
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 camail deal wytht Thomas Scot cuik of 
the New CoUeage, befoir Candilmes immediatlie preceding. 

D^e Mercuriif undecimo JuUi^ anno Domini j'^tflxopj**"'' 

The quhilk day, Johne Authinlek and Jsobel Forret confessit Autbiniek, 
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 mensiis Jidiiy anno Doinini 

The quhilk day, the fleschearis of this citie being attachit Decrcii oPthe 
1 . 1 • 1 1 • 1 t* ■% 1 1 • session aoent 

and warnit to this day, to heir them accusat for brekkmg 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 hjrm 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 Memis, Alex- 
ander Lumisden servand and \blahk\} The seat ordenis the 
saidis personis to be ofiered up to the majestratis be supplica- 
tion, that ordour may be takin according to actis of Parlia- 
me[nt] ^ and statutis of this citie. 

^ This blank extends to nearly a line and a half. 

' In 1526 and again in 1 540, Parliament ordained that there should be three 



S50 



REGISTER OF 



Loquhoir, 
Logjre. 



Lawmontht, 
Rolland, rij. 



Die Mercurliy xxy''"' mensis Aiigustiy amw Domini j'^'tflxxj'^ 

The quhilk day, Mariory Loquhoir, spous to James Logye, 
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 absteiu fra al 
occasion of suspitioun in sic cases, undir al panis that eftir 
may follow. 

Die Mercurii decimo nono Septembris 1571. 

The seat, in respect that Henry Lawmontht hes bein diverss 
tymes socht be the officiar of the assemblie at his dwelling 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 wame 
hym to compeir on Wedinsday nixt to cum, wytht intimation 
that, gyf he comperis nocht, on Sunday nixt thairefUr he 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 
Mr. Thomas Balfour 
Mr. Johne Ruthirfurd 
Mr. William Cok 
Mr. James Wilke 
Mr. Alane Lawmontht 
Mr. Alexander Sibbald 
Mr. Martine Greddye 
Johne Motto 
Dauid Walwod 
Charles Geddy 
Mr. Johne Bonkil. 



and Rector of Sanctandros 



Diaconis. 
William ZwiU 
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 * anent the keiping of the Sabaoth day,* but its terms are not given 
{Ibid, iii. p. 56). 

^ Douglas was nominated Archbishop of St. Andrews on the 1 8th of August 



ST. ANDREWS KIRK SESSION. 861 



Tmm. 



Die Mercurii^ xxiiij'^ Odobris^ anno Domini j'^xflxxj* 

The said day, the seat concludit and ordinat Henry Law- Decretum 
montht to be wairnit to compeir befoir the sessioun this day ^^^'^£^" 
aucht dayis, to wit, Weddinsday the last day of October instant, ^tt«w<'«^« 
to ansueir to sic thingis as is contenit in the act of this sessioun 
maid upon the xix day of September last bipcust ; and the said 
Henry to be wamit be twa of the brethrin of this sessioun 
that war appointed to warn hym to this day ; and he being 
brotherly wamit and admonesed to compeir as said is and com- 
peir nocht, the seat ordeinat and decemit the said act of the 
dait the xix day of September to have ful stryntht and effect. 



Die Mercuriiy idtimo Octobris, anno Domini j^tflxa^'^' 

The said day, in respect that the brethir of the ses^oun, Lawmomhi, rij 
appointed to admonische and wame Henry Lawmontht to this ^^ Novmhns, 
day to compeir befoir the sessioun, could nocht apprehend hym 
to that effect, [the sessioun] ^ hes yit requestit the said brethir 
to wame 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 h}rm 
fra the communioun, callit be the seat to remem- 
brance and ordenit to be insertit 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 "*^ °«ton. 

1571, but was not inaugurated until the loth of next February (Richard Banna- 
tyne's Menioriales^ 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 
MemorialeSy p. 183). ^ Omitted. 



85S 



REGISTER OF 



Mr. Dauid 
Dischington. 



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 the 
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 conununioun 
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. 



Lawmontht, 
decretum 
sessionis rij q, 

NovemMs, 



Decretum 
sessionis penes 
Magistrum 
Dauidtm 
Dischington, 



Die Mercuriij septimo Novenibris 1571. 

The quhilk day, anent the bruit and sclandir of adulterie 
and incest committit be Henry Lawmonth wytht Eufame Hol- 
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 
da3ris. 

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 ^ 
promis maid be hym of befoir that he sould be participant 



* Against. 



ST. ANDREWS KIRK SESSION. 368 

thairof, &c. Quha ansuered, for causis moving his conscience 
at that tyme he could nocht communicat : and now hes pro- 
mittit faith tfullie 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 decemit that it sal bd procedit aganis 
hym to excommunicatioun, wythtout forthir calling. 

Die Mercuriif xiuj*^ Novernbris 1571. 

The said day, the seat hes ordenit ane citatioun to be gevin Duretum 
furtht upon Dauid Orm, Elene Lawmontht his spous, Maister ^HenHcum^^ 
Alane Lawmontht, Mr. William Skein, Waltir Makeson, Grisel ^."^^*' 
Wod his spous, to compeir upon Wedinsday, the xxj day of NovembHs, 
November instant, befoir the seat, to bear leal witnes upon the 
brute and sclander of adulterie and incest committit be Henry 
Lawmontht wytht EflTem Holland. And Henry to be wamit 
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 *°"" ^^^^ 
hym to mak satisfaction, the seat hes committit hym to the 
magistrattis to be punesed as ane fomicatour ; and satisfaction 
l)eing maid the said Thomas to proceid to mareage, and the 
bairn begottin betwix hym and the said Elspet to be baptized. 



Die Mercurii xxj*^ merms Novernbris 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 fLawmontht. 
sworn and examinat, deponis that he hard ane brute and podtiounis 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 he 
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 camel copulation wytht the said 

z 



854 



REGISTER OF 



Eifem or ncx;ht he kennis nocht, bot of brute thairof risen, &c. : 
and forthir knawis nocht in the mater. 

Waltir Makkesoun deponis that Henry Lawmontht cam to 
hym upon ane day, and desjrrit 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 
chahner : and forthir knawis nocht, &c. 

Grisel Wod, spous to Waltir Makeson, deponis that Henrj' 
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 wjrtht 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 wjrtht hir : and forthir knawis nocht. 



Lawmontht, 
Rolland, rij 
quinto Decern- 
oris. 



Die Mercuriij vigesimo octavo Novembris 1571. 

Tlie seat lies ordanit Dauid Orme, Elene Lawmontht his 
spous, [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 the 
session upon Wedinsday the v day of December nixt to cum, 
to bear witnessing in the caus of inquisition abone wryttin. 



Lawmontht, 
Rolland, rtt 
xif Decemiris. 



Die Mercuriiy quinto Decembris anno Domini 1571. 

In the terme assignat be the sessioun to Dauid Orm, Elene 
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, coinperit Patrik Ramsay ; and for the rest 
nocht comperand, the sessioun ordeins tliame, togethir wytht 
James Ramsay tailyowr, Elizabetht Myilson his spous, and 



ST. ANDREWS KIRK SESSION. 866 

Male Kengzow thair servand woman, to be wamit to this day 
aucht dayis ; wytht certification, gyf thay compeir nocht, they 
sal be wamit opinlie and [be]^ public admonition in write in 
the kirk. 

1 Patrik Ramsay, swome 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,* and that he convoyit hir 
out of Dunde to the said Waltir hows, and out of that to 
Crawmound. 

9, 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 ^ ^* ^^' 
Ballone spous to Patrik Ramsay, Henry Andersoun, Jsobel 
Meften 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 da3ris 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 La3mg say that 
Henry Lawmontht servand cam to the Elenehill to borrow 
anc hors, and horsit Eufame Rolland ; bot quhair he had hir 
to kennis not. 



Omiited. - Hews hows in MS. 



f • 



I 

I ; 



866 REGISTER OF 

4 Beiggis Corby, servand to Dauid Orm, witnes, sworn and 
examinat, deponis conform to Fatrik Ramsay witnes abone 
wiyttin. 

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. 

i vmsoninLam- The quhilk day, Thomas Wilson in Lambelathem, being 

; ^^^' accusat for getting of ane baime in adulterie with Beiggis Cow- 

I 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 den3ris the accusatioun simpliciter. 
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 S3mdry 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 Mercuriij decimo nono mensis [Decembri/\^^ anno 
Domini j'^v^ septuagesimo primo. 

Lawmontht, The quhilk day, in the terme assignat be the sessioun to 

jrJ^Z)^- Dauid Orm, Elene Lawmontht his spous, Henry Anderson, 
*^« Jsobel Methtwen his spous, and Dauid Lowtheane servand to 

Dauid Orm, to compeir to testifie in the actioun of inquisition 
of the adulterie and incest betwix Henry Lawmontht and 
Eufame Rolland, comperit Robert Hew officiar of the seat, and 
verifiit that he wamit 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 wamit be officiar of session 
to compeir this day aucht days, failyeing thairof to be warnit 
be public admonition in the kirk. 



^ Omitted. 



ST. ANDREWS KIRK SESSION. 357 

7 Jsobel Methtwen, spous to Henry Andersoun, examinat, 
deponis that sche knew nevir that Eufame Holland was in 
Waltir Makesounis ; hot, 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 Waltir 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 Holland ^ passit fra Dauid Orm 
hows, hard say that sche was in Waltir M^Keson hows. 

The said day, Margaret Gibsoun producit hir complent pi*»oun».J^«>- 
aganis Johne Kenlowy, desyring hym, according to his promis xxyji* Decern^ 
of mareage to hir maid and defloring of hir virginitie be pro- ^'^' 
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^^ Decembris 1571. 

In the terme assignat to Johne Kenlowy to ansueir to the Gibsoun. Ken- 
clame of Margaret Gibsoun aganis hym, tlie seat asinnis this ^' ^^' 
action to this day aucht dayis, wytht consent of parteis under 
hoip of concord. 

In the terme assignat to Dauid Orm and Elene Lawmontht ^v Law- 

<i. , ., •••■1* 11 •<^< montht, Rol- 

his spous, to corapeir to ansueir to sic things as sal be spent at umd. 
them in the caus of inquisition of adulterie and incest betwix 
Henry Lawmontht and Eufame Holland, and gyf they compeir 
nocht to be waniit 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. 



868 REGISITER OF 

Eufame RoUand was in Grantoun, send to see gyf that was of 
trewtht, and sche was fund to be thair. 



Die Mercurii^ secundo JanuaHi 1571. 

aiiowy, The said day, in the tenne assignat to Johne Kenlowy to 

"^'"^ anaueir to the complent of Margaret Gibson aganh 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 upbiynging of the bairn. 

nmiomht. 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 

fEdlowis. And as for Elene Lawmonht and Jsobel Straquhin, 

mojanuaril they war decemit to compeir this day aucht dayis, uthir wayis 

to be waiTiit be public admonition in the kirk. 

10 Thomas Layng, in Elene-hill, resavit and sworn, dcponis 

that trew it is he lent ane hors to Henry Lawmontht servand, 

as he hes doin at syndry utheris tymis, being requirit be his 

maister ; bot to quhat purpos it was, ethir to convoy Eufame 

Rolland or uthirways, lie kennis nocht. And of the allegit 

adulterie and incest committit he kennis na thing, bot be bruit 

and fame. 

jt, The said day, comperit Elspet Hammiltoun and desyrit the 

immilton. baim 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] ^ be his bil gevin 

in befoir, [he]^ confessit hir to be wytht baime to hym, and 

desyrit befoir his deperture that the baim in his absence be 

resavit to baptisme, and in respect of hir obedience, ordenis 

that eftir hir impresonment, and satisfaction to the kirk, the 

Imim to be resavit to baptisme, providing that at the said 



Omitted. 



ST. ANDREWS KIRK SESSION. 369 

Thomas resorting to this citie to male satisfaction, according 
to the ordour, of impresoning viij dayis, and satisfaction to the 
kirk. 



Die Mercuriiy iiono Januarii 1571. 

In the terme assignat to Elene Lawmontht and Jsobel Lawmontht. 
Straquhin to compeir to ansueir to sic thingis that salbe sperit ^°^^**' ^^' 
at them, anent the allegit adulteri[e] and incest committit 
betwix Henry Lawmontht and Eufame Holland, comperit 
Jsobel Straquhin, quha deponit as eftir fallowis. And [the 
seat]^ 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 forthir 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 Keniowy, 
bairn begottin betwix hym and Margaret Gibsoun to be resavit 
to baptisme. The seat, nochtwythtstanding that he hes 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 fomicatouris, and to mak repentance in the kirk; quhilk 
being don the bairn to be resavit to baptisme. 

Die Mercuriiy decimo sexto mensis 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 *^®i^'»^«J 
thingis as salbe sperit at hir, anent the inquisition of the adul- 
terie and incest allegit to be committit be Henry Lawmontht 
wytht Eufame Holland, and the seat to deceme quhat forthir 
maneir of proces sal be takin in the said caus of inquisition, 
comperit Elene Lawmontht and ausuerit as eftir fallowis. 



Omitted. 



360 REGISTER OF 

12 Elene Lawmontht, spous to Dauid Orm, examinat, deponis 
9m tenet. [that sche]^ kennis nothing, bot that hir gudman, undirstand- 
ing that Eufame Rolland was to depart from hym and fuitht 
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 wyfiis 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 Onn hir husband hows ; and forthir kennis 
nocht in the mater. 
13 Henry Andersoun, witnes, sworn resavit and examinat, kennis 
na thing in the caus except of sum bruit that he hard. 

Die Mercurii^ penultimo mensis Januarir^ anno Domini 

Zonfessio The quhilk day, Catharine Wilsoun, servand to Thomas 

^1^*** Bredfute, accusat be the seat for fornicatioun committit wytht 

^ 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 Kinninmonih 
sister to be presentlie wytht childe to Alexander Kinninmontht terT ^' * " * 
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 Merairiij sexto die mensis Februarii^ anno Domini 

The quhilk day, Mareoun Schewes and Henry Dikesoun Decretum 
being somound wytht the Superintendentis letteres to compeir Scbewes, Dih 
befoir hym and the seat, to heir and see them decernit to pro- ^°* 
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 selfiis the 
said Henry passit fro, the allegeance of carnal deal and allegit 
that at Witsunday, in the Ixviij 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 Mercuriiy vigestmo die mensis Febrtiarii^ anno Domini 

j'^if septuagesimo prima. Decrete of th 

session anent 

The said day, for guid ordour to be observit, as hes bein of d!5!rtme"sJ 
befoir, tweching the tyme of sermone aJs weil in teaching as on the Sabba 
hering, alsweil on the Sabbat day as on utheris oulk wark wark dayis. 



362 



REGISTER OF 



dayis, the Superintendent, wytht avis consent and assent of the 
seat, hes ordeined that in tyme cuming the minister sal b^in 
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. 



Lawmontht. 



Die Mercurii^ xxvij' Februarti^ anno Domini j'^iflxxj'^' 

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 
oftheddaris, 
deakonis, rij\ 



Die Mercurii, 1571, xij' Martii 

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 officiar of the assemblie. 



Cautiopro 
Dauide et 
Jsobella Bal- 
fowris. 
This act con- 
cerning Tsobel 
Balfowr^ deletit 
in respect that 
schehesalreddy 
maid hir re- 
pentance, and 
swa M. 

Thomas Balfour 
cautionar re- 
levitbecaus 
Tiobel¥fas 
tmpresoned. 
Jo. Bonkil.s 



Die Mercicrii, decimo nana mensis Martii^ anno Domini 

j'^'iflxaj'^ 

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 bom betwix hir and the said Dauid in fornication, wythtin 
viij dayis eftir sche be convalcscit of hir seiknes and risiii 
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. 



^ 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. 863 

Die Mercuriiy vlgesimo sexto Martti^ anno Domini j'^tfhoxy^- 

The said day, the seat — in respect of the present necessitie Kcnncthy. 
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 — hes 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 hes 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 decemit hym 
to be resavit to repentence wythtout impresonment. 

The quhilk day, James Makke, walcar, dilatit and accusat Decrttum 
for violating and brekking of the Sabbat day, and nocht re- ^MaSt^M^ 
sorting to the sermoun and praieris, is decemit be the seat^«»*- 
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 Aprilisy anno Domini j'^v^looxy^- 

The said day, comperit Henry Kilmoun, cuik, servitour to Kilmovn, 
my Lord Bischop of Caithnes,i and desyrit the bairn gottin ^«^*^*«"- 
betwix hym and \blank\ Methtwen in fornication to be admittit 
to baptisme. The seat, in respect of present necessite, hes 
ordened the bairne to be resavit to baptisme, and gyf evir the 
said Henry salbe fund to commit fornication again wjrtht the 
said \blan1c\ 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 [ifawXr] Methtwen entir in preson 
and male satisfaction according to the ordour, and that being 
doin, the bairn to be baptizat, becaus the man hes abeddy 
maid repentence. 



Decretum 
sesTumis penes 
i/saell-de- 
feted] Jonet 
Balfour. 



Decrdt of the 
session anent 
bairais begottin 
in adultery or 
fornication. 



Die Mercuriif nono die merms Aprilis^ aniw Domini 

j'^tfhoxij*^' 

The quhilk day, the seat hes 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 xoc** lib. 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. 

The said day, the seat hes decemit and ordeined that in 
tyme cuming na baime, begottin in adulterie or fomicatioun 
outwytht \thvt cttie of Sanctandrois and par — deleted] this par- 
rochioun of Sanctandrois, be resavit to baptisme, and albeit the 
sam be borne in the citie of Sanctandros. 



Dewar, 

Scbifwrycht. 

Stormc.^ 



Die Mercuriiy xxiy'* metms Aprills^ anno Domini j^^iflxxij^- 

The quhilk day, George Dewar, wobstar, is becuni souerte 
wytht his awin consent to entir Lucas Schifwrycht, in Ergail, to 
ansueir in the seat to sik thingis as sal be inquirit of hyni 
quhenevir he ^ beis requirit thairto, undir paine of twenty lib. 
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'^^z^lxxy^- 
Decretcofthe The quhilk day, the fleschearis of this citie undirwryttin 

sessioun anent -j^ i /• • .1 • • . • 1 • ^i • .111 

the fleschearis. coniperit beioir the mmistene, and in thair presence the auld 



^ Storme has been added. 



* Be in MS. 



ST. ANDREWS KHLK SESSION. 365 

actis contenit in the bukis of this assemblie was red, quhairiii 
the saidis flescheris war admonesed to keip the Sabbat day 
haly, according to the fourt commandemand of ahnychty 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 baimis, 
and participatioun of the Lordis table, wythtout they mak 
public repentence for thair faill, quhilk sal be injoined to them 
be the ministerie. 



Die Mercurii^ septimo Mali, anno Domini j^'iflxanj^- 

The quhilk day, the seat hes ordeined that in tyme cuming s^^i i^anis 
nane sal present thair selves to the communion wythtout tikat ^^*" ^^^ ^ 

,.11 presentis thamc 

resavit fra the dark of the quartar quhair they dwel or selves to the 
minister. And quha that dois the contrar sal mak public wythtout tikat. 



866 REGISTER OF 

satisfactioun, and upon thair kneis ask God and the congrega- 
tion forgifhes. 



IXda* 



Die decimo quarto Mail, anno Domini j'^xflxanj 

unsay. The said day, anent the complent gevin in be Jonet Sm3rtht 

^^ ^ 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, xjcj^^ Maii^ anno Domini j'^rfboxij^' 

ekye, Coling. ^\^q quhilk day, 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]^ in adulterie ; the said Thomas compering 
be hym self confessit and granted that he had camail 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 baimis 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. 
amsay, The said day, in the terme assignat to Patrik Ramsay and 

^v- I ^J' j^jg spous to compeir to ansueir to sic thingis as sal be inquirit 
of thame, anent the promis of mareage maid be Androw Ram- 
say thair sone and Jonet Smytht, they being verifiit wamit to 
compeir be Robert Hew officiar of the seat and nocht com- 
perand, the seat ordeined them to be wamit 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 Maiij anno Domini j'^xflxxij^' 

Tlie said day, in the terme assignat to Patrik Ramsay to 5*°^^' 
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.^ 

Die Mercuritj undecimo Junii 1572. 

The said day, Lucas Storme confessit adulterie committit be Confiasio adnl- 
hym wytht Elizabetht Drowmoind, spous to Thomas Stevinson, iJ^. ^^ 
and also incest wytht Elspet Wallace his wyflBs sistir, or he 
mareit his wyife ; and thairfoir George Dewar wobstar is becum Cautio Storme 
souerte for the said Lucas that he sal fulfil the heal injunctiounis ^' 
to be injoined to hym, be my Lord Archibischop of Sanct- 
andros the kyrk and the assemblie, undir the paine of twenty 
lib. 

Die Mercurii^ pentdtimo die mensis Jtdiij anno Domini j'^tf Decreit of the 

. seat of the com- 

septuagestmo secunao. mission to com- 

missionaris to 

The quhilk day, the session thinkis expedient ane commis- J« ^i"*V 
sion to be gevin to Mr. Robert Hammilton, minister, and Mr. the Kirk « to be 

^ 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 ' enter in the place of the parent,' and ' admit thame to manage ' 
(Firsi Book of Discipline^ ninth head). 2 ^,y j^ ^g^ 



368 REGISTER OF 

*»idip »t P«rtht William Cok, bailie, to compeir in the Assemblie General to 
nizt to cum. be haldin at Pertht the vj of August nixt to cum. 

Die xarvtj^ Atigusti^j'^'iflxxy'^^ 

Deerehtm The said day, William Prat is decernit be the seat to resave 

Prat, Tullos. QeUs 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^ vigesimo secundo Octohris^ 1572. 

MyUar et Mont' Gelis Monipenny confessis hir to be wytht childe to James 
i^, ^*^^*^' Myllar, sum tjrme servand to Dauid Orme, and James confessis 

hym to have had c€U-nal deal wytht the said Gelis. 
PiHUlo, johne- Jonet Johnestoun confessis hir to be wytht child to Johne 
iara, PittiUo, servand to Mr. Alexander Jarden. 

BrtfWH, Howe- Ames Brown confessis hir to be wytht childe to Greoree 

.CAM fftKmi/'/im ^ O 

tens. Howeson, chaepman, in this citie, and ids confessit be George 

Howeson to the dilation foirsaid. 
Tweddellet EfFe Tweddel confessis hir wytht childe to Robert Zowng, 

t^s,^^*^^ servitour to the Laird of Kinkell. 

Die Mercurii^ quinto die meiisis Novembris^ anno Domini 

Eldaris. 
Mr. Johne Ruthirfurd, Provest of Sanct Saluatoris Colleage 
Mr. James Wilke, Principal of Sanct Leonardis Colleage 
Mr. Archibald Hammiltoun,^ 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. 



^ Ixxmj* 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. 
' Archibald Hamilton was one of the five Hamiltons who entered St. Mary's 



ST. ANDREWS KIRK SESSION. 369 

Diaconis. 

flames Brydie William Main 

Alexander Crastaris Alexander Hay 

William Zwill George Blak 

William Gyfterd Thomas Layng in Eleinhill 

Alexander Myllar Andro Lawson in Nethir Magas 

Dauid Foster in Kincaple. 

The form of the aitht gevin be eldaris and diaconis, 
wjrtht certaine particular actis and ordinances con- 
cerning the ministerie and sessioun. 

We sweir and promisis, conform to the chairge this day A'o/tf. 
injoined to us, to stay remove and wythtstand according to our be ci<£uis fad " 
power al idolatrie blasphemie disordour, and al uthir thingis ^|^Sne*acU5**^ 
contrar the Word of God, reformatioun of the Euuangel, and concerning 
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 oft* the final conclusioun, salbe kepit secrete ; and then 
l)eing 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 Rhetoric to the station of third master in 
1569, and to that of second master in 1575* (I.ee*s Lectures, i. 228, 345, 346). 
For a long time during Knox*s last visit 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, M)ec us that he affirmed, in his teich- 
ing, that Hammiltounes wer murthereris ' (Bannatyne*s A/emoriales^ p. 262). 
He afterwards went to France, recanted his Protestantism, and wrote two 
virulent works against the Scottish Reiormers (M*Crie*s Kncx, n. G G G). In 
connection with the eldership, he will be met with again in this Register, 



870 REGISTER OF 

and keip the statutis and ordinances that ar devisit be the 
brethir, seat, and Greneral Assemblie, and word of God,^ and 
procuir the sam according to our power. 

Iteniy we, all befoir swome, 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- 
dentis or ony uthir, be presented befoir us quhill the effaris of 
Nota. oure awin kirk be decemit and concludit, and thaireftir it be 
lesum to depart, gyf that willinglie we find nocht guid to 
remain. 

Iteniy that na persoun sal remain wytht us, electit eldaris and 
deaconis,^ at voting, wythtout they be tacheris w)rthtin our 
congregatioun, and hes promisit to reveil nothing intrated in 
this privat assemblie. 

Itemy last, that all thingis- may be doin W3rtht 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 g3rf ony conten- 
tioun throucht heat of disputatioun ryis amangis the brethrin, 
he sal be brotherlye admonesed be the minister, that wytht ane 
cumlie ordour all thingis may be concludit. And gjrf the 
minister brekkis this ordour that he be admonesed be the 
eldaris wytht modestie. Ixcta et approbata, 

Jo. Bon[kii«] 

Die xxj^ Mai hj^- 

[Here the entry, * 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.**] 



^ The words and word of God are in the margin, and are indicated by marks 
to come before General Assemblie, thus throwing both the ands together. 
* The words electit eldaris and deaconis are added in the margin. 



ST. ANDREWS KIRK SESSION. 871 

Die Mercuriiy decimo noiu) tnen^is Novembris^ anno Domini 
miUesimo quingentesimo septuagesimo secundo. 

The said day, the sessioun hes statute and ordinat the towne yoia. 
to be quartered, to the effect that trial may be takin of the Siamt of 
confession of thair faitht befoir the public fasting and com- ceming trial, 
munioun nixt to be celebrat. And the inhabitantis namis of *^' 
this citie to be rollit, according to the act statut red and 
approvit yerlye in this kirk. 



Die Mercuriiy tertio Deceinbris^ anno Domini j'^tfLrxy'^' 

The quhilk day, the sessioun statut and ordeined the names ^^/a. 
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 oHhem that 
of everilk quarter be the ministeris and examinatoris thairof : J^^'^jJ^^J^ 
and siclik that inquisitioun be takin be dilatioun of them that munion and 
ar commoun bidars from the doctrine and preachingis the ^^the doctrine 
dayis appointeid thairto ; and to begyn the premissis this day *"** pr^Wng, 
aucht dayis, to wit, the tend day of December instant. 



Die Mercuriij decimo Decembris^ anno Domini j'^iflxxy'^^- 

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 (^mnranion.] 
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 lemit. 

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 twjrs, and cam nevir 
to examination bot twys. 

Johne Lundy, servand to the Ladyis of Culuthy and Ardre, 
nevir communicated, and confessis that he was wamit be 



372 



REGISTER OF 



George Blak and William Main to cum to the last com- 
munioun and gyf confession of his faitht. 

Thomas Orok confessis h)rm nocht to ^ have communicated 

thir sevin yens bygain, and can nocht say the Lordis Prayer. 

Omftssio ' Stevin Ade, masoun, being callit and accusit for nocht cum- 

batton^f our"* ing to the last communioun, nor yit sen beginning of Reforma- 

reiegion. tion, ansuered that he was nocht evir remanent heir, yit in 

Brechein hes twys communicated wyth M. Johne Helpbum ; 
and promisit to bryng ane testimonial thairupon betwix this 
and the first of Aprile nixt to cum ; and ratifiis 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 bame 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 \aiii also Katerine and Wiliam — deleted] 
and fathered the bairn upon Patrik Myllar.'^ 

Jsobel Hardy confessis hir to be wytht childe to Dauid Mark 
ser\'and to Henrv Wilsoun maltman. 



Cv7tfessio 
Myilar. 



Hardy, Mark, 
foraicatoris. 



Confessio 
adulterii 
Mark. 



Johne 
Tailzowr. 



lyie Mercurii^ vigesimo quarto meruns Decemhris^ anno Dornini 
millemno quingcntesimo septnoffcsimo secundo. 

The said day, Margaret Mark, spous to Androw Brown 
tailyowr, grantis hir to have bein absent fra c&habitatioun 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 arte 
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 



^ / in MS. 



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 6( celebration of communioun. 

Johne Bell, cuik, nevir communicat bot twis, alleging hym johne BcL 
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 Craiii 
say no tliyng. 

Nicol Howat nevir communicated. ^^^^ Howat 

Die Marcurii^ vige&imo primo Jantmriiy anno Domini 

Androv Law presentit his bairn to baptisme, and gaif con- Confessio La^ 
fessioun o[f] his faitht, 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 thamc ^^^^^p^nes 
selves in tyme cuming, and cummis nocht the oulk day ^^sentes a 

.fCSStOflt. 

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,^ it is statut and ordinat, anent the punischement av^/c. 
of adulteraris and fomicatoris in tyme cuming, that the session sessionis pents 
send thair supplication to the magistratis of this citie, to execut ^f^^j^-^' 
the actis and ordinances of the seat, and also to tak ordour contumacti 
wytht thame that ar wamit to compeir befoir the seat and com- jfati et mm 
peris nocht ; and George Blak to present the supplication and -J^X"^^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 



^ //<r///, // is siciik in Ms. 



874 



REGISTER OF 



to do his deutie conserving the sam, [as well as] ^ utheris magis- 
tratis and maisteris of howsis. 



I..ttiiiisden nry. 



Admonesit to 
eschew al 
sclandir in 
tyme cuming. 

Howeson. 
Brown, ny. 



Soott, Meffen, 
rtj. 

Leyis, Walcar, 
ft/. 

Mark. Hardy, 
fornicatoris. 



Die Mercurii^ vige&imo octavo Jantmrii^ anno Domini 

Margaret Lumisden, relict of umquhill Alane Brown skinner, 
is dilatit to the seat as ane commoun resetter of Thomas Tullos 
in Hilcaimie, nycht and day, and to have carnal deal wytht 
hym and utheris diverss person[is] ; and thairfoir the seat ordenis 
hir to be callit and accusat thairfoir this day aucht dayis. 

Iteniy 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 
[A/anA:] MeiFen his harlot of auld, to be callit as said is. 

Item^ Johne Leiys, in Kincaple, frequentis Margaret Walcar 
his auld harlot, to be callit tit supra. 

Dauid Mark, servand to Henry Wilson, confessis Jsobel 
Hardy to be wytht childe to hym ; and committit to tlie magis* 
traitis to be punisched as fornicatoris. 



Die Mercurii^ decimo octavo mcihsls Fvbnutrn^ anno Domlm 

j"'v^ivx}y^ 

Tweddcl The quhilk day, Hannis Tweddell, accusat for brekking of 

brekking of the the Sabbat day in thresching of come fra fowre howris in the 
fonSwrhine nioming quhil foure howris at evin, confessit his offence ; the 
of come. correctioun committit be the seat to the magistratis. 

The quhilk day, Elspet Wallace, being askit upon ane grite 
aitht gyf sche schow to Beterage Wallace hir sister, befoir sche 
was mariit wytht Lucas Storm, that he had carnal deal wjrtht 
hir, quha ansuered that sclie 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 



Wallace. 
Wallace. 
Storm. 



^ Probably omit led. 



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 decemit the bairn begottin Myiiar, 
betwix Patrik Myllar and Agnes Patersoun to be resavit to 
baptisnie, 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 quliilk day, M. Johne liuthirfurd, Charles Geddy, M. Daiddson. 
(ieorge Leslye, and Johne Scot, chosin wytht avis of the ^ 
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 decemit, that gyf athir of the saidis per- 
sonis heireflir 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 Mercui'll^ vigesimo quinto Februarii^ anno Domini 

The quhilk day, befoir sermoun, Johne Forret, sumtyme RecantaHo 
cidlit Schir Johne Forret,^ Vicar of Swentoun in the Mers ^''"^• 



' Perhaps the same John Forret who acted as procurator for John Forret ot 
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 St. 
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, 



876 



REGISTER OF 



wythtin the diocy of Sanctandros, recautit in maneir eftir 
following, willinglie offbring hym self as ane subject of the 
Archibischoprie of Sanctandros. 



Die Mercuriij decimo octavo mensis Martii^ anno Domifn 



Nata. 

Sututofthe 
session anent 
Pftpistis. 



The quhilk day, it is statut and ordinat be the sessioun that 
the namis of the Papistis wythtin this congregatioun be serchit 
and gevin in bil to the minister, that ordour ma be takin wytht 
them according to Act of Parliament betwix this and the aucht 
Octavo Apriiis, 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 Mercuriij vigesimo quinto mensis Martii^ anno Domifd 
miUesimo quingentesimo septuagesimo tertio, 

Nota, The quhilk day, that all suspitioun of Papistric in this 

^Vwythiin reformat congregatioun be removit, it is ordenit : That the 
this ciiie, rij, q. heal 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. 
jWota. The Lady Ardre and Lady of Cuhitliye and Jolme Lundye 

thair servand dilatit and suspectit of Papistrie. 

Besse Brown, servand to Schir George Read, Papist and 

nevir cam to the communioun. 

Schir Dauid Mwir, ane of the fundatioun of our Lady alter 

wythtin the parroche kirk of the citie of Sanctandros, ane 

Papist unrecantit and obstinet. 



Ladiis of Ardre 
and Culuthie. 

Nota, 
Besse Brown. 

Nota, 
Dauid Mwir. 



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 Papistric in the Kirk of Sanct Andrews ; and thereafter 
he admittit him to administer the sacrament of baptisme.* *The Assembly 
ordained the said Popish prie>t 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* {Bookeofthe Universall Kirk^ Ban. Club, i. 255). 



ST. ANDREWS KIRK SESSION. 877 

J)k Mcrcurii^ anno Domini j'^'iflxxiij^' decimo qulnto Aprilus. 

The quhilk day, Lucas Storme, schifwrycht, callit befoir the Con/tssio incts^ 
session, and accusal ^ of adulterie atid incest committit wy tht storm, 
Elspet Wallace, sistir to Beterage Wallace his wyffe, divers and ^^'^'''^^• 
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 Accmacio 
wytht childe be committing of fomicatioun, denyit the sam ; forni«tori&*^°' 
and gyf it be fimd uthir waiis sche to be punesched for the said 
denyal according to the ordour.* 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. 



D\e Merairii^ vigesimo secundo Aprilis^ anno Domini j**''iflxj:iy'^ 

The quhilk day, it is statut and ordeined be the sessioun Decretum ses- 
that Lucas Storm and Elspet Wallace be * publiclie somound v^^ce.^""' 
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 Afercuriij sexto Maii^ anno Dornini j'"iflxxi\j'' 
Tlie ciuhilk day, anent the fomicatioun committit be ^v^/a. 

Decreit of the 

servandis wy thtin mennis howsis, alsweil to burght as land session anent 
wytht[in]^ this parrochion of Sanctandros, the seat ordenis ^^^^J[^™' 

ihair maisteris. 

* Accasat in MS. 

• The concluding sentence of this paragraph has been added afterwards. 
^ To be in Ms. ^ Omitted. 



378 



REGISTER OF 



ane supplicatioun to be offered up to the magistratis to consent 
[to] ^ ane act to be maid that quhatsumevir servand committk 
fomicatioun, 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. 
Celebratioun of The quhilk day, tweching the celebratioun of the communioun 
nixt to be, [it] ^ 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. 



Uie com- 
munion : ex- 
amination and 
dilatiounis be- 
foir the com- 
munion. 



Pittiilo, 
Johneson. 



Die Mercuru xiij^ Maii 1673. 

The said day, anent the fomicatioun committit betwix Johne 
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 aired dy 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 ^ paine of xl lib. to compleit 
the band of matrimonie betwix them, betwix this and mydsomer 



7 .... 



m anno etc. Ixaniy. 



Angus. Dauid- 
soun, fomica- 
tores. 



Rogear, Just. 



Mair, Gray. 



Die Mercurii^ vigvmno Alalia anno Domini j'"i^ I jcjciij''' 

The quhilk day, Nannis Angus confessis hir to be wytht 
childe to Thomas Dauidsoun, sone to Agnes Wilsoun, and 
Nannis confessis na promis of mareage betwix hir and the said 
Thomas. And James Rogear and Christen Just confessis ane 
childe gottin betwix them in fornication, and offeris them ta 
discipline of the kirk, and the kirk remittis them to the magis- 
tratis. And Margaret Mair confessis hir wytht childe to 
Malcom Gray chaepman. 



Omitted. 



7 '/tat undir in .Ms. 



ses- 



ST. ANDREWS KIRK SESSION. OT9 



Die Mercurily tertio Juniij anno Domini j*"'tflxxiy*' 

The quhilk day, it is denuncit and schawin to the sessioun Cristeii. 
that Johne Christal, indwellar in the burght of Dunde, is ane De^jj of 
excommunicat persoun, and hantis and resortis to this citie, and f on anent 

. . .„ , . . 1 !• n 1 Johne Chnstal 

resavit thamntill and mentenit, to the grite sclandir of the person excom- 
sam ; quhairfoir the sessioun, for evading of the said 9clandir, Sundet*. 
hes fund and decernit the premissis to be opinlie publist in 
pulpet ; and, publication being maid, gyf ony persoun or per- 
sounis, inhabitantis of this citie, resavis hym in thair hows, bys 
or sellis wjrtht hym, or communicatis or usis cumpany wytht 
hym, quhil he be reconsilit to his awin kirk, [they] ^ sal be 
giltie of his cryme and excommunicated. 

The quhilk day, James Portarfeild is denuncit to the ses- James Ponar- 
sioun, to absent hym self wilfuUie fra the communion and ane ^* * 
public contemnar of the religioun. 

And [Johne — deleted] Stevin Robertson, aiins Sowtar, and Stevin Bobert- 

1, •!• • ••! 11 It* j.i_ son alias Sow* 

us twa sisteris, nevir communicated ; and he and his mother tar and his 

and saidis sisteris lyis in bed togethir. sisteris. 

Item^ it [is] ^ denuncit to the sessioun that Alexander Naper Alexander 
hes separated hym self fra liis wyfFe, esteming and allegeing hir ^'^P*""- 
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- ^J^nUs^cnf* 
niunion wythtout tikatis, or wytht fengyeit tikatis, of the dait ^^^^ *o^*»« 
the vij day of Maii 1572, be put to executioun ; and likwis the wythtout liketis 
act and statut maid on them that cummis nocht to examina- SkatS*^^'^ 
tion and communioun. 



Die Merciwii^ xxiiip^- Junii^ anno Domini j'"tflrxiy^- 



The quhilk day, anent the allegit promis of mareage betwix Ednenj, PittiUo. 
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. 



Omitted. 



S80 



REGISTER OF 



Bdyllar, Moni- 

penny. 

Woia. 



Quhilk promis the said Thomas denyit, and allegit that he 
maid na promis to hir, hot this commoning was betwix them,^ 
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 preve hir allegeances of 
promis, said sche could nocht preve the sam ; and referrit the 
said Thomas allegeance of promis simpliciier 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 ^ hir 
by ony uthir woman. In respect of the quhilk the seat absolvit 
them of premissis hinc hide geving licence to them to mary in 
the Lord. 

The quhilk day, William GyfFerd and Thomas Playfeir ar 
becum souerteis for James Myllar 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** lib. 
In respect of the quhilk, the sessioun hes ordained the bairn 
gottin betwix them in fornication to be resavit to baptisme. 



Bred. 



Morels, Parke, 
rijix SepUm- 



[Guidlat.J 



Die Mcrcuni^ seaindo Septembrls^ anno Domini j'"'ifla'x\ij^' 

The quhilk day Robert Bred being accused for brekking of 
the Sabbat day in leading of his cornis confessit the said fail. 

The quhilk day, William Moreis, wrycht, is decernit he the 
sessioun, in respect that he allegis the bairn fathered be Beiggis 
Parke on hym is nocht his, bot ane uther mannis in the 
])arrochioun of [blank] callit;^ ordanis the said William to 
preve the sam this day audit days, the nynte day of September 
instant, uthir waiis to tak wytht the bairn. 

The said day Johne Guidlat maltman, accusal for brekking 
of the Sabbat day binding of benis, confessit the sam. 



1 These words commoning was 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. 

^ Nevir martit in MS., but as the words ane uthir have been deleted after 
mareit so should nevir, 

^ The name is omitted. 



ST. ANDREWS KIRK SESSION. 381 

D'w Mcrcuriiy decivio sexto mcnsis Septembrls^ anno Domini 

j'^tflxany^' 

Tlie quhilk daye, Jolme Gourlay niarinar confessis Jonet ConftsHo 
Myllar to be wytht childe to hym, and the said Jonet confessis MyUar.^* 
the sam, and submittis them to discipline of the kirk. And 
Joline Lawsoun 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 Lawson. 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 Ndlson, Swao 
consent of the seat — nochtwythtstanding the promis of mareage *°*°**"' ^^ 
betwix George Neilsoun in the parrochioun of Seres and Elspet 
Swan, in respect that the said George hes gevin his body and 
contractit wytht ane uthir woman callit Jsobell Kinsman, and 
marcit 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 adheir to hym ; and als 
ordenis the said George Neilson to desist and ces fra al forthir 
adherence wytht the said Jonet Grig, undir paine of excom- 
munication.^ 

D\e septimo rnemis Octobris^ anno Dovitni j'^xflxxiy" 

Elene Florymound alias Oliphant dilatit to the seat to be Fornicatons. 
ane commoun harlat, and to be callit, and the magistratis to ^lldcireoiin 
tak ordour wytht hir be ordour of ane assis ; 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 Ctdthnes * servand, and that scho hes promis of 
mareage of hym ; and in likwis confessis and grantis hir to have 
had camail conversatioun wytht Johne Betoun, servand to oiipham. 
George Dowglas, in myd September last was or thairby, wythin ^^^""• 
the citie of Sanctandros. 



* Excommmiicatio in MS. * See jw/m, p. 232 n. 



382 REGISTER OF 

Die decimo aexto merm/t Octobrut, amio Domini j'^v^txaiif^ 

The quhilk day, the personis undir wryttin, wytht commoun 
consent of the inhabitantis of the citie of Sanctandros, war 
electit and chosin eldaris and diaconis. 

Eldaris. 

Maister Johne Ruthirfurd, Provest of Sanct Saluatouris 

CoUeage 
Maister James Wilke, Principal of Sanct l-iconardis CoUeagi* 
Maister George Gillespie, regent in the New CoUeage 
Maister Alane Lawniontht 
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 Smyddic 

Charles Guthre^ Grein. 

Diaconis. 

Alexander Crastaris William Main 

James Brydie George Blak 

William Zwill James Alane 

William GyfFerd Dauid Foster in Kinkaple. 

Alexander MyUar 

Die xxj'*"' inemis Octobris anno 1573. The quhilk day, the 
actis concerning the ai[tht],^ hour of assemblie appointed to 
con vein, allowit and red of befoir, war th[is] day red publesed 
and apprevit. 

Die Mercuriij quarto die niensis Novembris^ anno Domini 

j'**iflxxiy^' 

Mom, Hagye. Th^ quhilk day, Marioun Dawsoun maedwyf in Ladeddye 
and James Mont in Strakinnes being somound to compeir 

^ In this year Charles Guthrie is described as master of the fabric of the 
parish church {Abstract of the Writs of St. AndrewSy Nos. 140, 147). 
' 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 

.1 •■•1 ' ^ nr ' All* • L L differris dcd* 

them, compent the said Manoun. And being exammat anent sioun of this 
ane bairn begottin in adulterie betwix the said James and Chris- ^^^ttton be 
ten Hagye, the said Marion, comperand be hir self, deponis that taidn wyUit the 
sche was wytht the said Christen in the extremitie of hir birtht, biie of the 
and demandit of hir quha was the baimis father, and Christen ^**'*^- 
ansuerit, the said James was the baimis 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. coUectit Ordinance of 
be Maister Thomas Balfour and Maister Martine Geddye, to the luppwt of*^ 
support of Jsobel Adesoun, relict of umquhill Andro Kemp, Jsobci ^^^^" 
being in grcvous 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 jMercuriiy undecinw die mensis Novembris^ anno Domini 

j^'iflxxiij^' 

The cjuhilk day, the membris of the seat having considera- Nota, 
tioun of the multitude and grite numbir of infantis wythtin the sUmU pates^' 
parrochioun of Sanctandros, als weill to Burgh as land, bom K^^jp^J!^ 
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, waim and chairge in general all thais wythtin the 



S84 REGISTER OF 

parrochioun of Sanctandros, als weil to burgh as land, that 
hes thair baimis yit unbaptized, that they present thair baimis 
and children unbaptized in the communioun iile^ 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 Merctirii, dedmo octavo mensis NovenibriSy anno Domim 
millesimo quingentesimo septuagesimo tertio. 

Sibbald. 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 

wamit to the said day. 

Die Mercurii^ vigesimo quinto Novemhris^ 1573. 

[Sibbaid.Bred.] The said day, in the terme assignat to Robert Bred to 
ansueir to the complent gevin be William Sibbald aganis hym,- 

Nicoi, Bureii. 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 l^foir Fasterennis evin last was, and bom 
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 he 
chargit, undir pane of xl lib. 

> 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 Mom, Hagye 
betwix James Mont in Strakinnes and Christen Hagye thair, 
the seat thocht gude 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 Decembris, anno Domini 

j^tflxxiij'^' 

The said day, anent the trial of adulterye committit betwix Mont, Hagie. 
James Mont in Strakinne[s] 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 ^ 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 baimis 
fathir ; sche ansuerit and said, God lat hir nevir be bettir then 
sche was at [that]^ howr bot the said James Mont was the 
baimis father and na uthir. 



Die Mercurii^ nono de mensis DecembriSj anno Domini 

j'^xflxxiy. 

The said day, William Moreis is decemit be decreit o{Decretum 
sessioun, for non presenting the baim to baptisme begottin ^^r^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 baim 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 baim ^ begottin as is Burel, NicoL 

^ Perhaps Mylsan, ' Omitted. ' Borun in MS. 

2b 



386 REGISTER OF 

allegit in adultery betwix William fiurell 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 fiurrel brother say that sdie lay 
ane nycht wyth them : and asking hir quhy sche lay wyth them, 
sche ansuered. It was better to ly in cunipany 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 Nicol 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. 
jifoia. The said day, the seat ordeined the minister to mak public 

^Son'forconf ^dmonitioun upon Sunday nixt to cum, to al theis that hes 
tcmnarisofthe thair baimis to be baptised, and hes nocht gevin up thair 

sacrament of • ■ i i • • j • . . i . i • i • • 

baptisme. names m the day appomted nor yit presented thair baimis, 

that fra this furtht they be accusit and punisched as contem- 
naris of the sacrament of baptisme. 

Die Mercurii^ xvj'^ Decembrhy anno Domini j'*"iflxxi\j^' 

Zowngr, The quhilk day, comperit Robert Zowng, servand to the 

^^ ® • Laird of Kinkel, desyring the bairn begottin betwix hym and 

Efte Tweddel to be baptised, allegeand that he knew nocht the 
admonition maid to them that presented nocht thair baimis to 
baptisme. [The seat] ^ hes ordeined the saidis Robert and EfiTe 
to present thairselves to the penitent stuil of the parroche kirk 
of this citie, and the said Robert to pay to the coUectour of 
the puir almes v s., and that being doin the bairn to be bap- 
tised ; and for performing heirof Johne Moreis baxter souertie 
for Robert, and the said EfFe hes fund M. Thomas Balfour 
cautionar that [at] ^ the furtht rinning of hir nurischep sche sal 



' Omitted. 



ST. ANDREWS KIRK SESSION. 887 

cum to be irapresoned, according to the ordour undir paine 
[of] 1 XX lib. 

Die Mercuriiy vigesimo Januarii^ aniio Domini j^^xflxxiy^' 

Tlie quhilk day, Patrik Myllar cowper is decemit be decreit Myiiar, 
pf the sessioun to marie Catharine Donaldson, his handfast wyf, ^^'»*ldso'>' 
betwix this and Fasterennis-ewin, and to gyf to the puir x s. 
For payment of the quhilk William Main is cautionar, and 
Patrik to releve his cautionar. 

The said day, George Saige in Ergail is becum souerte and Burell, Nicol, 
cautionar for William Burell in Kairskirdo, to fulfil the or-^^e- 
dinance of this sessioun anent the bairn begottin be hym as is 
allegit in adulterie wytht Margaret NicoU, eftir consultation be 
takin in the General Assemblie of the Kirk, undir paine of ane Th^ Gcnaai 
hunderitht merkis, and the said William to releve the said Assemblie. 
George undir pain foirsaid, and William Mufiat baxter cau- 
tionar for Margaret NicoU to releve hir cautionar. 

The said day, the sessioun hes ordeined the bairn begottin Decrete of 
betwix Andro Weland and Agnes Andersoun to be resavit to AndcnLnw*** 
baptisrae, in respec that Besse Law mydwyf, Elen Hwnyman ^™ ^^ 
and Besse Lawson, deponit that they * war present wytht the 
said Agnes the tyme of hir birtht, and hard hir confess the 
bairn to be Andro Welandis. 



Die Mercurii^ vigesimo septimo Januarii^ anno Domini 

jffzflrjnij^' 

The quhilk day, it is ordinat be my Lord Archibischop o{ Nota. 
Sanctandros ' and the heal membris of sessioun to be in- ^^^y^us 

- -^— keping of Zwill- 

1 Omitted. « The in MS. ^y ^^y- 

' 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 siippression 

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 CoUedge; that he preached not in Sanct Andrews, where he made his 
residence.' In his defence he urged that since the previous Assembly he had 
l)een 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^ in thir bukis, ad futuram rei memoriam^ that quhow 
upon Sunday the xxiiij day of Januar instant Waltir Ramsay 
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-day, 
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.* 

Andrews for visiting of the QoWt^gts^ {Booke of the Universall Kirky 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 y part ii. p.