|Kilmaurs Parish Session Records
According to Duncan McNaught’s Kilmaurs Parish and Burgh (printed by Alexander Gardner, Paisley, 1912) the earliest surviving session records from Kilmaurs are a volume beginning in November 1698, and ending in September 1718. The minutes were recorded by Rev. Hugh Thomson until 1713, and often read like some of the more sensational early novels of the ilk of Tom Jones and Joseph Andrews. A second surviving volume covers the years from 1806 to 1858, mostly in the hand of the Rev. John Roxburgh up to 1835.
The following records are those which contained the references to Cuthbertsons, and others found on the same pages. The first set contain excerpts of records from 1705-1715. The second set of minutes contains records from the 1820s. Excerpts of the surviving Session account book naming those to whom parish funds were issued in the 1750s are also included.
Several cases in the following minutes were referred to the Presbytery of Irvine, but unfortunately the presbytery minutes from this period seem to be no longer extant, or at least are not in the National Archives of Scotland or other registered sites.
Notes from McNaught’s history:
This first is too good to omit:
The very first case dealt with in the book is a “libel” [dated January 22, 1699] given in by the minister against [Robert Boyd] “the late schoolmaster in Kilmares, containing a great may things very scandalous in the said Mr. Robert’s practice, particularly that he did steal a new peiry-wig from him clipping it about wt sizzars that it might not be known, and wearing it a good many weeks.” Mr. Robert… at first stoutly denied the accusation, but latterly “gave in his acknowledgments and hearty sorrow for the samen.” (p. 163)
Also, more pertinently to this project:
In 1699, it was proposed in the Kirk Session that “the laird of Craige might have liberty to build a seat betwixt Thorntone seate and the Tower seate,” [Tower or Tour was a property in the parish, not a part of the church building] against which the baron officer of the Earl of Dundonald, who was then the Lord Superior, lodged a protest in the Earl’s name. [this officer is elsewhere identified by McNaught with the male offender cited in the Margaret Montgomerie case – i.e. William Cuthbertson “older” of Buntinhill.] (p. 120)
Records received by KLC dating from 1705ff. begin at:
…Stevenson for his Intrest, with James Bankhead in Corshouse, James Smith Eldr, James Luke, James Findlay witnesses and John Hunter also to be summon agt the nest Session Day.
May the 17 1705
The sd day an act of the Synod anent the admission of persons to the Lords Table and distribution of tokens was read. The Tenor whereof follows
Glasgow April 20, 1705
An act anent admission of persons to the Lord’s Table and distribution of Tokens
The Synod of Glasgow and Air appoints each Minister and Session judicially met to determine who in their parish may be admitted and who are to be debarred and that Elders doe not give Tokens to any but to such as are admitted by the Session under pain of ensure and that neither minister nor elders give tokens to person of other congregations without testimonials from their own Minister if he be at home or in absence by two or three of the Elders or if any private person shall be found to give the token allowed upon themselves to another person both the person giving and receiving shall be publickly rebuked for the sd irregularity and as to the admission of persons in vacant congregations to the Lords table that have never communicated that the Elders in vacant congregations keep a roll of all examinable persons and that ministers sent to supply vacancies at preaching do likewise ____ and ____ they can keep at least one dyat of Examination upon the sd Rolls and that in the beginning of Summer or sometime before the giving of the Communion in Parishes near others ____ vacant That the presbytrie send ____ of theyr number expressly to catechize as well as to preach
And that the Elders of vacant congregations bring such persons of their several bounds to be examined as they know designe to communicate having never communicate before and that the knowledge of the person examined and that the testimonials of such persons as have never communicated be subscribed by two or three Elders in vacant congregations bearing the persons Christian behavior and their having been examined by such a Minister and the Minister having declared his satisfaction with ym as to the point of knowledge in order to their admission to the Lords table qlk act within their bounds betwixt [now] and the first of June next.
Extracted by Subscription John Lokart
The sd day it was unanimously agreed that the sacrament of the Lords Supper should be celebrate upon the first Sabbath of July
May 23 1705
After prayer Sederunt Mr Hugh Thomson Minister
James Watt, Robt Harper, Hugh and James Bankheads, Allan Brown, James Fairie, John Lambroughton, William Cudbertson, Robt. Miller, James and John Willsons, & Robtt Huie
The sad day the Minister reports that the presbytrie having considered Hugh Linn’s case now that he has not only been guilty of fornication but lived in a trait (?) of whordom for five or six years both upon Sabbath days and week days, and also understanding how much he is hardened by sin….
(pages 74 & 75 not included)
… James Fairie, John Lambroughton, John and James Willsons, John Andrew, James Smith and Robert Willson
The sacrament of the Lord’s Supper was celebrate according to appointment
The sd day John and Robt. Smith ____, Robt Smith hahill Eldr., William Colqhan, Alexr. and Robtt. Thomson, Robt. Templeton being called compeared all except Robtt. Thomson and acknowledged individually their total neglect of family worship and dyatts of Catechising, their slighting of sacred prayer and seldom attending upon ordinances for qlk they were severely rebuked and a promise of amendment taking of each of them with certification that if after a mons tryall they were found guilty in any of the things their names should be read out publickly and they debarred from all sealing ordinances. The [Se]derunt closed with prayer.
Agust 15, 1705
The Session appointed testimonials to George Findley, James Boyd and Robert Simpson.
Septmr 20 1705
The sd day the sentence of Greater Excommunication execute agt Adam Kellburn in portglasgow and Robert Pollock in Dri( )enbeg according to ane act of the General Assembly was intimate in this Church by the appointment of the Synod of Glasgow and Air.
Septr. 23 1705
The Session Elected John Cuningham of Caddell Ruling Elder to attend upon the presbyteries until Aprill & the Synod at that time. The sd day Alexr. Smith in Town of Kilmares was delated for theft and appointed to be summoned to the next Session.
Oct. 10th 1705
The Session mett. After prayer. It was represented to the Session that Allan Orr Schoolmr. At Corshouse (a “suburb” of Kilmaurs Town lying towards Kilmarnock and Riccarton) was about twenty days ago or thereby drunk to that pitch that he could not walk and was found sleeping
By the wayside whereupon the Session appointed him and the witnesses to the next Session.
The qlk day also Alexr. Smith compeared and acknowledged that in Harvest of 1704 he (__)eously took away two sheeves of corn from off Busby land in the nighttime, but sett them back qr he gott them again, for his conscience would not allow him to keep them, for qlk he was severely rebuked and exhorted to repentance, but was not absolved until further proof of his carriage be made.
The sd day they appointed Testimonials to Robert Cochrane, Janet Adam, and Michael Roxburgh
Octbr 19 (or, 14) 1705
The Session mett after prayer. The sd Day John Galt in Town of Killmares petitioned the session for baptism to his child qlk was denyed him in regard he had slandered and calumniated the Baylifs of the Town of Killmares in saying they had beate his wife until she had parted with child and calling them murdering dogs. He was summoned to the next Session.
The sd day Alexr Bigger was appointed to be summoned to the next Session being delated for drunkness and for defending of Drunkards.
The Derunt closed wt. prayer.
October 21, 1705
After prayer Sederunt Mr Hugh Thomson Moderator
The Laird of Caddell, Hugh and William Bankhead, Rott Harper, James Watt, Allan Brown, James Smith, James Fairie, John and James Willsons, John Lamburghton, William Cudbertson, Rott Huie
The qlk day Allan Orr was called and compeared and being challenged upon his being drunk he at first denyed that he was the worse drunk the day alleged
But at length acknowledged that before he come to the end of the forty akers he felt the drink working upon him and disordering his brain dimming his eyes and putting his body in very great disorder producing the effects of drunkenness upon him and that he made to stagger frequently for all qlk and for what offence he has given by his unsuitable carriage under the pretext of indisposition he declared his hearty sorrow and promises through the Lord’s grace never to be found in the like again
Sic—subscribitur Allan Orr
Whereupon the Session gravely rebuked and admonished him to be more circumspect for the future and so absolved him.
This day John Galt compeared and denyed the whole lybell whereupon Robert Harper was appointed to bring to the next Session his lybell and confession before the Civill Court subscribed by the Bayliffs and ____ and him to be summoned apud acta agt that time.
The sd day Alexr. Bigger was called and compeared and confessed what was lybelled agt. Him that he was drunk and yt he had reflected upon the Session for which he begged the Sessions pardon. For all qlk he was rebuked and a promise of amendment taken of him & absolved.
The sd day they appoint a certificate to Robert Huie
The Derunt closed with prayer.
October 31 1705
After prayer Sederunt, Mr. Hugh Thomson Modrar –
Hugh Bankhead, Rott Harper, Allan Brown, John Lambroughton, James Fairie, John and James Willsons, Robt. Huie
The whilk day John Galt was called and compeared and again denyed the whole lybell and declared he
never confessed the one half of that lybell qrof the Magistrates has given ane extract under their hands as confesse by him in every point before their court. The Session thought to delay the affair for some time.
The sd day it was represented to the Session that David Burns carriage with Betty Galt had been very scandalous & therefore they are appointed to be summoned to the next Session.
The sd day they appointed John Templeton to get up his penalty
The Derunt closed with prayer.
November 11th 1705
The Session mett after prayer. Betty Galt was called and compeared not, it was recommended to James Fairie in Milltaine to get word to Mr. Lindsey to cause her to be summoned pro _do (?) agt. The next Session.
David Burns was called and compeared and judicially acknowledged the sin of fornication with Betty Galt and that particularly at the May fair last and sometimes since, and that she was with child to him.
The sd day also the Session appointed testimonials to Robert Glass and John Cunninghame
The Derunt closed with prayer.
Novmr. 18 1705
The Session mett after prayer. Sederunt. Mr. Hugh Thomson Moderator, Hugh Bankhead, Robtt Harper, James Watt, Allan Brown, John Andrew, James Fairie, William Cudbertson, James Smith, James Wilson, Robt Huie
The qlk day Betty Galt compeared and acknowledged herself guilty of fornication with David Burns….
(pages 80 & 81 not included)
…her child baptized.
Aprill 13 1706
The sd day James Cuthbertson and Janet Boyd were delated to the Session as persons guilty of adultery and were appointed to be summoned to the Session agt Sabbath next.
[Note: The identity of these two is open to some speculation. The James Cuthbertson who often shows up in the parish register during this period was at this time married to Marion Morison, and after her death in about 1713 he married Margaret Lindsay at Kilmaurs in 1715. Marion Morison was sister to the Margaret Morrison of Unthank whose death figures in another case in the following minutes. There may have been another James Cuthbertson at Old Yard in Kilmaurs during this time. But it is unclear whether or not he was distinct from the James Cuthbertson just mentioned. Old Yard has not been otherwise identified, except for a mention in the Session minutes ca. 1711 concerning Alexander Broun and an itinerant laborer named James Orr.
There are two or three Janet Boyds who appear in the Kilmaurs registers during this period. According to extracted records in the IGI, in 1693 there was a Janet Boyd who married David Moore (Muir), and another who married a William “Wacker” (maybe William Walters listed on page 100? Or Walker?). In 1703 there was a Janet Boyd who married William Cuthbertson “younger” in Kilmaurs. It may have been a second marriage for both, in which case she might be the same as one of the 1693 pair. If the Janet Boyd involved in this case was the one married to William Cuthbertson younger, it is likely that the adulterous James Cuthbertson was not her husband’s sibling but a cousin. (William “younger’s” half brother James would only have been aged about 11 at this time.)
It is notable that the William Cuthbertson who served on the Session – Wm. C. “older,” or was the younger Williams the Session member? – was absent for nearly all proceedings against this pair. William “older” was the father of William “younger” and possibly an uncle of the James who married Marion Morison and Margaret Lindsay.]
The qlk day also Margrat Andrew spouse to Adam Weir in Grassmuirside was delated for horrid cursing and imprecautions as particularly ____ God damne her husband and children divele take them, divell take you through hell, call yn Hells __gths, divells __gths, devells gets, and that habitually, and was appointed with witnesses to be summoned agt Sabbath next.
Aprill 21, 1706
After prayer Sederunt. Mr. Hugh Thomson, The Laird of Caddell, James Hugh and William Bankheads, Robt. Harper, James Watt, Allan Brown, James Smith, John Lamburghton and James Willson
The sd day compeared Janet Boyd and confessed adultery with James Cudbertson and that she had brought firth a child to him begotten in adultery. [No further record of this child has surfaced thus far.]
James Cudbertson was called and compeared and he dually confessed adultery with Janet Boyd they were both summoned apud acta to the presbytrie upon Tuesday next and the session called for their testimonials the had gotten before this scandal broke up.
Margrat Andrew was called and compeared and denyed the whole lybell. Elizabeth Buntine aged 50 years or thereby admitted by the panel, being sworn purged of malice and partial counsel deponed that she heard her
Use all these and the like expressions contained in the lybell, and that frequently, and instanced both time and place, and declared she could not write.
Stephan Thomson aged 39 years or thereby being sworn purged of malice and partiall counsell declared he hear her swear all the oaths and use all the imprecautions contained in the lybell and many more if it were needful he could rehearse them. Sic subscribitur – Stephan Thomson.
The sd Margaret after the deposition of the witnesses was interrogate if she would acknowledge these things. Ansr: she would never do more after it then.
The Session finding her to be hardened and obstinate they appointed her to be summoned apud acta to the presbytrie agt Tuesday next which was done.
Adam Weir being called compeared and was dealt with to see if he could be brought to any further confession of these his oaths formerly lybelled: but to no purpose.
The Session finding that what he has confessed already is highly scandalous and greatly aggravated came to this resolution that upon Sabbath next he should present his child in order to baptism providing he would allow his lybell and process before the congregation, and he own the same and acknowledge his sense of the guilt and be rebuked for all qlk the sd Adam consented to and declared he would acquiesce therein. The Derunt closed with prayer.
Aprill 28 1706
After prayer Sederunt. Mr Hugh Thomson Moderator
James, Hugh and William Bankheads, Robtt Harper, James Watt, James Fairie, Allan Brown, John Willson, James Smith, Robert Huie
The qlk day the Minister reports that James Cudbertson and Janet Boyd had been at the presbytrie & were spoken to and reni-lled (?) back to the Session whereupon they were both appointed to be summoned to the Session agt this ____ fortnight and to prepare their penalties agt that day.
This session considering again Adam Weir’s affair and his wife’s thought best to delay the baptism of his child and regard that upon Thursday last he came to the Minister in a very rude manner as his use is and accused him of Injustice for inflicting such a sentence against him alledging it was the first fault and committed privately and therefore he would by no means give obedience to the Sessions sentence to talk the Minr. Replyed that it was not the first fault of yt kind that he was guilty of an yt it was not a private offence but a publick scandal flagrant through both this and neighboring parishes and a sin so highly aggravated being upon the Lord’s day, Invocating of the Divell on that day and therefore behoved to be publickly rebuked for a terror to others. To all qlk he answered he should make a 100 yea 1000 to hear it and should goe to Kilmarnock [Town? Or, Earl?] and represent how he was abused and could not get leave to possess the Earles Land in Peace and that he
Should enter the Bayliff Cunninghame on the Ministers to__ and a great deal of the like mannaires. Moreover he alledged that his wife was sadly wronged in regard they had not proven the same thing at the same time, to qlk the Minr. Replied there was as much proven already as would ____ guilt upon her. But if she pleased there might be a dozen gotten to prove the same things at the same time and much more than qt was lybelled, to qlk he replyed who would never take with these things while her blood was warm, notwithstanding the Elders after the Session was dismissed particularly James William and Hugh Bankheads, James Watt and Robert Harper and there promised to come in the Sessions will, and would standup in the Raill with her husband the next Lord’s day and receive a publick rebuke for these sins she was guilty of upon qlk account her summonds was not called at the presbytrie.
The Session upon this account thought fitt to refer the whole affair to the presbytrie for advice and appointed ane extract of the whole to be given to the Minr agt that time.
The sd day they appointed testimonials to John Todd and William Miller.
The sd day they Elected James Smith Ruling Elder for the next Synod
The Derunt closed with prayer.
May 20 1706
After Prayer Sederunt. Mr. Hugh Thomson Modr.
John Cunningham of Caddell, James, Hugh and William Bankheads, James Watt, James Faire, John Andrew, James Smith, Allan Brown, John Lamburghton, John and James Willsons, William Cudbertson & Robert Huie.
The qlk day they appointed certificates to Robert Simpson, John Willson and Margaret Brown.
The sd day Nigellus Craufurd and Susanna Jameson asking for testificats were refused in regard there was a flagrant report through the country that they had been very scandalous and offensive in their carriage particularly that one night she should have gone to his bedstock (he being alone in his naked bed) at very unseasonable hours about Eleven if not twelve of the clock at night, as also another night he and she were found in the back house in a very unseemly posture he having his hand up beneath her cloaths all qlk the said Susanna denys except that they were in the back house that night with the door shut.
Nigellus Craufurd being called compeared and acknowledged that she came sometimes to his bedstock at unseasonable hours when there was no body with him in bed, being interrogate if he did not ____ to Margaret Willson that he would be oblidged to goe to the yeard some night to shift her. Ans. He minded not whether or not. Being again interrogate if he and she were in the back house in the posture lybelled ansr. Indeed he kissed her with his hand about
Her neck; but that his hands were never up under her cloaths he was willing to depone.
They being both removed the session taking it to their consideration judged it a scandal in her to go by his bedstock at unseasonable hours when he was in his naked bed and nobody with him, and therefore thought fitt to rebuke her severely for this her unseemly carriage as also for her disingenuity and appointed that her testimonial to be given her bearing that she has been light and offensive in her behavior for qlk She has been rebuked and the offence removed, all qlk was done and upon promise of amendment was absolved. The sd Nigellus was appointed to be rebuked and his testimonial to be given him in communi forma
The sd day they appointed testimonials to Helen Hanna and William Stevenson.
The sd day Adam Weir came in to the Session and craved that his child might be baptized, and he should stand in the pillar [pillory?] a whole week if the Session pleased and acknowledged his sense of sin and promised amendment. Whereupon the Session appointed his child to be baptized upon his giving obedience to the former sentence qlk the sd Adam willingly adhered to.
The sd day they appointed the sense of Excommunication agt Elzabeth Roubison to be intimate on Sabbath next as also the sentence of lesser excommunication agt Hugh Linn.
The sd day they appointed John and Robert Smiths ____ and Alexr. Thomson to be debarred fm all sealing ordinances and the sentence to be intimate publickly for the habitual slighting of family worship and absenting
Absenting from dyatts of catechizing and slighting of the ordinances.
May 26 1706
The qlk day the sentence of Greater Excommunication agt Elizabeth Robisone and Lesser agt Hugh Lin and Jean Nimoch was intimate. The same sentence being past agt John and Robert Smiths and Alexr. Thomson and its intimation was by order of the Session delayed until further and tryall to be made of their practice.
The sd day they appointed testimonials to Andrew Love, William Huie, David Wylie, Andrew Armour and his spouse.
July 7 1706
The Session appointed testimonials to Agnes Chalmers, Matthew Smith and Agnas Thomson.
July 21 1706
The Session met after prayer. Sederunt. Mr Hugh Thomson Modrar
James and Hugh and William Bankheads, James Watt, James Fairie, James Smith, John Lamburghton, Allan Brown, John and James Willson, John Andrew, Wm. Cudbertson, Robt. Harper and Rott Huie
Quo die the comitee formerly appointed to that effect gave a accompt to the Session.
The sd day they appointed James and Hugh Bankhead and James Watt to call for the money due to the Session as also to borrow 50 lb. Scots to defray the Sessions debt until their money be gotten in to pay for the Mortcloth qlk is bought according to appointment.
The Session appointed James Cudbertson to be summoned to the next Session and both him and Janet Boyd to the next presbytrie.
The sd day it was acted that John Templton should lose his penalite for breaking the act in keeping of a penny wedding
The sd day they appointed a testimonial to James Smith and John Auld to get up his pennaltie
The Derunt closed with prayer.
July 28 1706
The Session mett after prayer James Cudbertson being called compeared before ym to their satisfaction and was gravely rebuked and exhorted to repentance and recommende to the presbytrie and appointed to pay his pennaltie betwixt and the next presbytrie day.
This day they appoint a testificate to John Smith alias Trouper (?) another to James Allan and the Sederunt closed with prayer.
Agust 11, 1706
The Session mett after prayer Sederunt. Mr. Hugh Thomson Modr.
The Laird of Caddel, Hugh & William Bankheads, Allan Brown, John Andrew, James Smith, John Willson
The sd day the Mir. Reports that James Cudbertson and Janet Boyd had been at the presbytrie and were again recommended to the Session to doe with them as they had light, upon qlk the Session appointed ym to appear in Sabbath in the publick next Lord’s day.
The sd day Jean Nimoch was called and compeared & after a grave rebuke and advice was appointed to appear in the publick the next Lord’s day and be absolved.
The Derunt closed with prayer.
Agust 18 1706
James Cudbertson and Janet Boyd appeared in the publick in sackcloth and were rebuked for the first time.
Agust 25 pro 2do [i.e. “secundo” & c. following…] 1706
Septr. 1st pro 3o
Septr 8 pro 4to
Septr. 15, 1706
The sd day James Cudbertson appeared in publick and was rebuked pro 5to
Septr 22 pro 6to
Septr 29 pro 7m [“septimo”]
The sd day the Session appointed a testificate to Charles Calhoun
October 20 1706
The sd day Margaret Wylie had her child baptized her brother James being sponsor who also promised to give his bond under the penaltie of 40 lb. Scots that she should satisfie for the scandal in the parish qr. It was committed and bring from there a sufficient testimonial ____ this parish.
The sd day it was reported that in regard a very weighty and concerning work was in hands before the parliament [perhaps the Treaty of Union with England, which had major implications for the Kirk?] the provincial synod of Glasgow and Air thought fit to enjoin every presbytrie within their bounds to sett a day apart for fasting and prayer amongst ymselves as also yt every presbytrie should make ane act enjoing every Minister within their bounds with the members of his Session and other Christians that have a mind to join with them to keep a day of fasting and prayer. In obedience to qlk act the Session thought fitt to nominate and set apart the twentyfifth day of this instant for yt effect
October 21 (?) 1706
According to appointment the Minister, the Laird of Caddell, James and Hugh Bankheads, Allan Brown, Robtt Harper, James Farie, John Lamburghton, John and James Willsons, William Cudbertson, James Smith, Robt Huie and mett for prayer and fasting.
The sd day it was represented to the Session that
Margaret Morrison in Unthank now deceased did upon her deathbed confess and acknowledge the sin of fornication with John Connell in Grassmuirside to Mr Thomson and severall others before the sd John as also yt he had drunken at Stewarton all that night befor our communion fast, and came home in the morning, as also that he should have drunken the whole night at another time in Thomas Smiths house in Killmares qlk hath given great offense and therefore the Session appointed the sd John to be summoned to the next Session.
[Margaret Morrison was the widow of James Neill. Unthank actually lay within the bounds of Kilmarnock parish. James Cuthbertson who married her sister Marion is listed in the Kilmarnock OPR as being her servant at the time of his marriage to Marion in 1702.]
The sd day they appointed a testificate to Jean Smith & one to Helen Miller and one to Janet Wood with a reproof and caution.
December 5, 1706
The Session mett and called John Connall being before summoned who did not compear and appointed him to be summoned pro 2do
December 8, 1706
After prayer Sederunt Mr Hugh Thomson
Hugh and William Bankheads, James Watt, Allan Brown, John Andrew, James Smith, Rott Harper, James Farie, John Willson, John Lamburghton, William Cudbertson, Rott Huie.
The qlk day John Connell being summoned was called and compeared and absolutely denyed fornication wt the decease Margaret Morrison and also denyed that ever he hear her confess the samen, although she not only confessed fornication with him in his hearing but fornication for a considerable tract of time and that after she was obliged by the Minister to tell nothing but the truth and all before the sd John, and also denyed drinking all night in Stewarton the night
Lybelled and declared he came home agt Eleven of the Clock at night. Being questioned anent the drinking all night in Thomas Smiths in ____ and even to excess ans. He was indeed all night in Thomas Smiths, but denyed yt he either drank all night or to excess, qrupon the Session finding him so hardened and obstinate appointed him to be summoned apud acta to the presbytrie at West killbryde upon Tuesday next qlk was done. The Derunt closed with prayer.
Decr. 15 1706
The Session allowed Janet Boyd to appear again in the publick in sackcloth for some days because she had applied to them for yt end.
As also yy appointed James Cudbertson to converse with severall of the Elders before he be admitted to the publick again.
Decr. 22 1706
This day Janet Boyd appeared in publick in sackcloth and was rebuked pro 5to
She appeared pro 6to
Janr. 15 1707
Janet Boyd was recommended to the presbytrie for advice with respect to her absolution.
The sd day James Cudbertson was admitted again to his publick appearance.
Febr. 9 1707
The qlk day report was made that Janet Boyd had been at the presbytrie and yr upon the Sessions testimony remitted her back to the Session in order to her absolution. Whereupon the Session appointed her to stand the next Lord’s day and intimation to be made of her absolution the Lord’s day following.
The sd day it was reported that John Connall had been at the presbytrie and denied the whole lybell or yt Margaret Morison had charged any guilt upon him in his hearing. Whereupon he was summoned apud acta to the presbytries next meeting and the witnesses declarations were appointed to be taken down agt that day.
The sd day it was represent to the Session that Hugh Linn in Langmuir his carriage was very stumbling and not suitable to one in his circumstances and therefore it was recommended to the Session to have their thoughts about him to see what shall be done with him.
Febr. 16, 1707
Janet Boyd appeared this day in sackcloth pro 9no and intimation was made of her absolution the next Lord’s day.
Febr. 23 1707
The sd day Janet Boyd was rebuked for the sin and absolved from the scandal of adultery according to appointment.
March 2d 1707
John Connell in Grassmuirside being perempturly summoned to the presbytrie the last presbytrie day disobeyed the summonds and therefore was by the presbytries appointment summoned from the pulpit to their next meeting.
The sd day ane act was read for a voluntary contribution for repairing the Tollbooth and Steeple of Tain.
March 23 1707
The sd day John Lambrughton was gravely
Rebuked before the Session for his swearing and other scandalous and offensive carriage, and absolved from the sd scandal and a testificate appointed him.
The sd day John Connall was summed before the Presbytrie agt Tuesday next from the pulpit pro 2do.
The sd day they appointed Matthew Smith to get up his penaltie
The sd day William Bankhead was elected Ruling Elder to attend upon the insuing Synod
April 30 1707
The sd day John Connall having disobeyed The ____ summonds by appointment was summoned from the pulpit pro 3to with certification.
The sd day John Dryce was appointed a certificate for himself and his family.
May 11th 1707
This day the Session appointed tesitmonialls to William Mills James Sheock (?) and Christian Dickie.
May 29 1707
After prayer Sederunt. Mr. Hugh Thomson Modrdor
The Laird of Caddell, Hugh and Wm. Bankheads, James Watt, John Andrew, Robtt Harper, James Farie, John and James Willsons, James Smith, John Lamburghton, William Cudbertson, Robt Huie
The qlk day the tokens were Sessionally distribute & the Sacrament of the Lord’s Supper appointed to be celebrate.
The sd day Marion Miller in Killmares Town being convict before the session of the sin of drunkenness was rebuked and absolved but a token was denyed
Her until further proof be made of her carriage
William Brown convict of the same sin was rebuked upon his sense of the samine and promise of amendment and absolved and allowed a token.
The sd day Mr Oughter [Walter?] Farie was delated to the Session for drunkenness, cursing and swearing and fighting and ysfar he with John Millar and William Smith were appointed to be summoned to the first week days Session after the communion.
The sd day a certificate was appointed to Agnes Dunlop and Jean Nimoch.
June 18, 1707
After prayer Sederunt. Mr Hugh Thomson Modrar
Hugh and William Bankheads, Robt. Harper, James Watt, Allan Brown, John Andrew, James Smith, John Lamburghton and William Cudbertson.
The qlk day Mr. Oughter Farie was called and compeared and acknowledged the whole lybell, only he was not sensible of his swearing, but was so fare conscious of the guile that he would not allow the witnesses to depone, he denyed fighting with William Smith owned he fought with John Miller
John Miller was call and compeared and being lybelled with fighting wit Mr oughter Farie & blooding him, as also for ____ William Smith and slandering him in saying he was more guilty than either of them, denied that part of the lybell respecting Mr. Oughtr but owns he
Accused William Smith but cannot prove it but by his Mother and Sister and Mary Smith sister to the sd William. William Smith being called in objects agt the Mother & Sister in regard they were the accusers nearest relations. 2ly he alleges Malice and as ane evidence instances him accusing him at the Session table without being inquired at, all qlk the Session thought highly reasonable and therefore injoins the sd John to prove his accusation.
The Session considering Mr. Oughters affair unanimously voted the he should be Sessionally rebuked and brought under solmene tyes and ingadgement to be more watchful and tender for the future qlk sentence was execute and he absolved from the scandal.
The sd day Hugh Boyd being lybelled with perjury in swearing before the Bayliff Cunninghame that he never intromitted with any of his brothers gear qr as it is noticed and also confessed by himself that he gott a plough and some straw. 2ly with theft. 3ly with habitual absenting from ordinances dispensed in the place, and 4ly with slandering and traducing the Minister, and using all means possible to draw others away from his ministry. He was called and compeared and required to double of his lybell, and promised to give his answer agt the next Session Day.
The Sacrament of the Lord’s Supper was celebrate according to appointment.
John Lamburghton was called and compeared and acknowledged that he did three times swear by the divell for qlk he was gravely rebuked and exhorted to repentance and promised to be watchfull for the future and qrupon was absolved.
The sd day the appointed a testificate to John Fairie his wife and family, to ____ ____ & Margt ____.
The Derunt closed wt prayer.
July 23 1707
The sd day the Session appointed testimonials to Mary Ferguson and Martha Reid as also for William Willson to get up his pennaltie.
Agust. 17 1707
The Session appointed testimonial to William Willson and his family, Will Dickie and his wife and Hugh Smellie as also Matthew Willson and David Dickie to get up their penalties
October 5 1707
This day the Laird of Caddell was elected Ruling Elder to attend upon the insuing Synod.
Novmr. 2 1707
It was suggested to the Session that John Smith and Mary Steel had fallen in fornication together and that she was with child and so were appointed to be summoned to the next Session
Novmr. 9 1707
After prayer Sederunt Mr. Hugh Thomson Modr.
Hugh Bankhead, Allan Brown, John Andrew, Robt. Harper, James Fairie, William Cudbertson, James Smith, James Willson and Rott Huie.
The qlk day Mary Steel was called being before summoned and compeared and confessed the guilt with John Smith and that she was with child to him begotten on May day.
John Smith being called compeared and confessed Judicially the guilt they were both admonished and rebuked and appointed to enter upon their publick appearance next Lord’s day and pay their penalty.
The sd day they apponted a testificate to Mary Craige.
The Derunt closed with prayer.
Novmr. 16 1707
The Session mett, after prayer. Compeared William Gilchrist and petitioned for a testificate qlk at first was refused him upon the account of some scandals committed by him some time ago at John Houstones, particularly swearing by the Great God, qlk charge the sd William most ingenuously acknowledge and professed his sorrow for the samine and being dismissed the Session considering his Ingenuity in the matter appointed him to be Sessionally rebuked and absolved and his testificate to be given him.
The sd day they appointed John Auld to get up his pennaltie and a testificate wt the admar (?) clause
The sd day John Smith and Mary Steel convict of the sin of fornication together appeared publickly and were rebuked pro primo
The sd day Hugh Boyd seeking baptism to his child was refused upon the account of a lybell agt him yet undiscussed and therefore the Minister required that a comitee be appointed to deall with the sd Hugh in order to his conviction: whereupon the Session appointed William Bankhead, Robt. Harper & William Cudbertson with the Clerk to meet for that effect. The Derunt closed with prayer.
Novmr 17 1707
The qlk day the comitee according to appointment mett they reported that the sd Hugh Boyd being convened acknowledged the charge and professed his sorrow and repentance for the samen for qlk he was appointed to be rebuked publickly and his child appointed to be baptized qlk was done.
Novmr 19 1707
Session mett after prayer. Compeared James Cudbertson and
petitioned the Session that they might take his case to their serious consideration and professed much sorrow and grief of heart for his sin. Qrupon the Session allowed him to make a publick acknowledgement of his sorrow for his sin and sincere repentance the next Lord’s day
The same day John Smith not having money to pay his fine offered his bond and John Steel Jocktorne cationer both for himself and the sd Mary Steel, the qlk the Session condescended and appointed the Clerk to draw his obligation agt Sabbath next qlk was done. The Derunt closed with prayer.
Novmr 23 1707
After Prayer Sederunt. Mr Hugh Thomson Modrar
Hugh and William Bankheads, John Andrew, Allan Brown, James Smith, James Farie, John Lamburghton, John Willson and Robt Huie.
The qlk day James Cudbertson appeared in sackcloath & was rebuked and yrafter the Session referred him to the presbytrie for advice with respect to his absolution.
The sd day John Smith and Mary Steel appeared in the publick and were rebuked pro 2do
They appointed a testimonial to Hugh Miller and his family.
Janr. 18 1708
The qlk day David Templeton in Kirktown was delated for his falling upon John Loudon in a most barbarous & inhuman way and manner in the house of William Waters and beating and abusing him in a most terrible manner, and threatening to put his head into the fire, daring any to take him
Out & yea moreover threatening if he gott him out by he would never goe from his hands, and that without any provocation, all qlk was accompanied with most dreadfull oaths and imprecations particularly by god and by the Divell.
The Session appointed him and the witnesses to be summoned to the next Session
Febr. 1st 1708
After prayer Sederunt. Mr. Hugh Thomson
William Bankhead, Allan Brown, James Smith, James Farie, John and James Willsons, William Cudbertson, & c:
The qlk day David Templeton compeared being before summoned and denyed the whole lybell.
William Walters admitted by the panel being called compeared and declared that all contained in the lybell was matter of fact and literally true, and moreover added that not only once or twice but for ____ that night he swore by God and by the Divell and if he had not helped John Loudon he had murdered him, and that he flew in his throat for helping to ridd ym. Al qlk he offered to depone.
Mary Barr spouse to the sd William admitted by the panel was called and compeared and declared just as the sd William had done.
[Note: Might Wm. Walters be the Wm. “Wacker” who married one Janet Boyd at Kilmaurs in 1693? If so, this reference to Mary Barr would likely indicate that the Janet Boyd who committed adultery with James Cudbertson was not that particular Janet. She would have almost certainly have been dead.]
The Session taking the matter to consideration thought fitt to delay the taking of witnesses oaths until the next Session day and they were summoned agt that time.
The sd day James Cudbertson having many times petitioned the Session to absolve him from the scandall the Session appointed the sixteen lb. Scots
In William Cudbertson youngers hand to be paid against the next Lord’s day and him to give in his bond to the Session for the remainder against that time and upon his so doing they allow him to appear in publick and intimation to be made of his absolution on the day following if no objection to the contrary be made.
Febr 8th 1708
After prayer Sederunt. Mr. Hugh Thomson Modrar
Hugh Bankhead, Robtt Harper, James Watt, John Andrew, Allan Brown, James Smith, John and James Willsons, John Lamburghton, & c:
The qlk day compeared David Templeton who after much pains and many exortations confessed the whole lybell and declared his sense of the samine and was rebuked at that time suspending what further sentence should be Inflicted upon him until some other occasion.
The sd day James Cudbertson appeared in the publick & was rebuked and Intimation made of his absolution according to appointment.
The sd day they appointed a testificate to James Picken
Febr 15 1708
This day James Cudbertson was absolved from the scandal of adultery and admitted to Church priviledges.
Febr. 18 1708
The sd day the Session appointed as many new daills to be bought out of the first and readiest of James Cudbertsons penaltie as be a door to the churchyeard dyke and also the window of the east gavel [i.e. “gable”] of the church to be repaired out of it.
[Note: a “daill” is defined in the Scots Dialect Dictionary as “a deal-board; a stretching-board for a corpse.”]
Febr 28 1708
John Gemmill seeking baptism to his child was refused upon the account of some scandals and slanderous reports he had spread abroad upon the Minister….
(pages 102-107 not included)
… the sd day Mr. Alexander Fairie pnt (?) Schoolmaster demitted and laid down his charge as Schoolmr. in the place.
Novmr. 21 1708
The whilk day publick Intimation was made from the pulpit to all Heritors Elders and Heads of familys within the parish to meet upon Wensday come eight days; being the first of December insuing in order to make choice of a schoolmr in the room or Mr. Alexr. Fairie
Decembr 1st 1708
The Session mett after prayer Sederunt Mr. Hugh Thomson Modr. Charles Barkley of Busby, Robtt Harper, Gabriell Farie prs. Baliff, David Bigger, Wm. Craigs Elder and Younger of Holm, Wm. Steell, John Steel, John Broun, John Smith Land/Laird?, David Henderson, John Smith Langmuir, Hugh Boyd, John Smith Braehead, Hugh and William Bankheads, James Watt john Andrew Allan Broun, James Farie, John and James Willsons, John Lamburghton, Wm. Cudbertson Elder and Younger, & Robtt Huie.
The qlk day Mr. Hugh Thomson represent yt the case of his making intimation of this meeting was a letter from the Earle of Eglintoune recommending Mr. John Gray to be elected and chosen Schoolmr. in the parish of Killmares
Which letter was produced and read, as also a letter from the sd Earle to William Miller of Seamill and in his absence to bailiff Harper, signyfying his sd.desire to have Mr. Gray Settled Schoolmr. in Kilmares and undertaking with the Earle of Dundonalds being well pleased therewith. Also a letter from the Right Honorable Earl of Dundonald, shewing ____ unseasonable it is to make choice of Mr. Gray and that he will not goe in to his Election. Also a letter from Mr. Cunninghame Minr. At Dreghorn requiring Charles Barkly of Busby to protest and take Instruments agt the Sessions proceding in case they should elect Mr. Gray – because he was their settled schoolmr. at Dreghorn and could not legally be removed from them. Also two ltrs. Fm Mr. Francis Finleyson and Mr. Wm Wright Minrs of Killmarnock recommending Mr. John Muir as a most pious, learned, and well qualified young man and one that would be most painfull and diligent in the office . After all it came to the vote make choice of Mr. Gray or Mr. John Muir, it carried Mr. Gray providing he could procure My Lord Dundonalds, Hugh Mongomerie of Busbys and the Laird of Caddells their consents and be legally loosed from Dreghorn and that betwixt and this day fortnight; otherwise they doe unanimously Elect Mr. John Muir
And appoints Mr. Thomson to signify this to the right Honorable Earles of Eglintoune, Dundonald, and the absent Heritors in order to obtain their consent. The [Se]derunt closed with prayer.
Session December 15, 1708
After prayer Sederunt Mr. Hugh Thomson Moderator
Hugh Montgomerie of Busby, Charles Barkley of Busby, William Miller of Seamill, Gabriell Faire, Allan Broun, Robtt Harper, Hugh Bankhead, James Smith, & William Cudbertson.
The qlk day the Minutes of the last Sederunt were read and a letter was produced from the Right Honorable the Earle of Dundonald showing that he would not interfere with the Earl of Eglintoune in the matter of Mr. Grays settlement also a letter from Hugh Montgomerie of Busby showing his consent which he owns before the meeting also an oyr letter from the Right honorable the Earle of Eglintoune qrin he desires Mr. Gray to be pmtly installed schoolmr in Killmares and undertakes for the Earle of Dundonald, that if his answer be not satisfying he shall procure another in any terms we please. Also another from Mr. Alexr Cunninghame to William Miller of Seamill to be communicate to the Session thereby commissionating the sd William Miller to protest against the Session of Killmares’s proceding to settle him this day in regard he
Is not legally loosed from the parish of Dreghorn, and is still lying under ane order of two Justices of the Peace to return to his charge in the same parish; as also anoyr from the Laird of Caddell declaring he has no satisfying account of the young man with severall other like expression and protests that he may be free of paying sallarie to the Schoolmr. at Killmares until a sallarie of twenty Mrks be settled to the schoolmr in the downer end of the parish. [i.e. Crosshouse]
Upon the whole the meeting came to this conclusion that they judge Mr. Gray should be installed providing it be made evident that he agreed in Dreghorn but for half a year and therefore can legally free himself of them and recommends it to Mr Gray to use his indeavors to satisfie Mr. Thomson, Robt. Harper Allan Broun, James Smith, and William Cudbertson whom the Session appoints herby a Comitee to received his information theranent on Saturday next qlk of satisfying to them; the Session hereby impowereth them to Install him, and to make intimation to the congregation of the samen and to appoint what day he and they shall agree upon to take up the school that intimation may be made to the congregation upon the Lord’s day immediately following.
December 18 1708
The comitee according to appointment mett after prayer Sederunt. Mr. Hugh Thomson,
Allan Brown, Robtt Harper, James Smith & c:
They not being satisfied that Mr. Gray was altogether loosed from his charge at Dreghorne, yet not being without hopes that he would be very shortly loosed formally and obtain his testimonials from that session did adjourn till the Session should be further acquainted. The [Se]derunt closed with prayer.
Session Janr. 30 1709
After prayer the Minister aquainted the Session that the comitee had adjourned themselves but the Session was aquainted that they were not fully satisfied that Mr. Gray was formally loosed from his charge at Dreghorn, and therefore they waited for further appointment from the Session.
The sd day the Session were informed that Mr. Gray had received ane extract of his being formally loosed from his charge as Schoolmr. Session Clerk and Presentor at Dreghorn: whereupon the Session appointd a comitee to meet tomorrow and received the sd Extract and if satisfactory to them to receive him and appoint him to officiate as Schoolmr. Session Clerk and Precentor.
The Session appointed William Huie a testificate.
The Sederunt closed with prayer.
Janr. 31 1709
The comitee according to appointment mett. After prayer Sederunt. Mr Hugh Thomson, Robert Harper, James Smith & c:
The sd day Mr. Gray compeared and produced a testimonial of the date Dreghorn the 25 [Janr.?] 1709 testifying that upon Mr. John Grays petitioning the Session of Dreghorn to loose him from his charge and appointed him ane Extract of the same, subst. Mr. Robert Fulton Session Clerk pro tempore. Whereupon the sd comitee find yt now all difficulties in the way of Mr. John Grays settlement as Schoolmr. in Killmares were now removed They did and hereby doe received the sd Mr. John Gray as their schoolmr. after Session Clerk and Precentor willing him to officiate as such , and to uplift the profits and Emmolluments belonging to the sd offices and to begin and enter thereto fm. The date forsd.
Session Febr. 6 1709
[Note: Remember in the following account of the charge lodged by Hugh Thomson against Mgt. Montgomerie that witchcraft was officially a capital offense in Scotland until 1735, and that the last known execution occurred in 1727. Though prosecutions had long been in decline, there was a major prosecution in neighboring Renfrewshire in 1697, with 20 accusations, 6 executions, and a suicide in prison. The accuser in that 1697 case was a girl named Christian Shaw, who later married Rev. John Miller. John Miller was Hugh Thomson’s successor at Kilmaurs.]
The Session being mett after prayer.
Margaret Montgomerie compeared and desired a testificate. But the Minister lybelled her for greatly reproaching and misrepresenting him and his family and likewise for threatening to give one of his daughters the witch mark, and having severall oyr things to say agt her, but it being the Lord’s Day he did not think to mention them. Margrat Mongomerie confessed before the Session that she did indeed threaten to give one of his
Daughters the witch mark, but says that she had no designe in so doing, and likewise says that with grief. She acknowledges the calumnies qrwith she has reproached The Ministers family and particularly his spouse.
Whereupon the Session appointed a Comitee to search into that affair concerning Margarat Montgomerie viz Mr. Hugh Thomson, Allan Broun, Wm. Cudbertson, James Smith, John Lamburghton & c:
Febr. 9 1709
The comitee according to appointment mett after prayer. Sederunt. Mr. Hugh Thomson, Allan Broun, James Smith, John Lamburghton, Wm. Cudbertson
Margaret Montgomerie being called compeared agt. Whom the Minister produced the following lybel.
Impr. For deserting his service without any just cause or provocation and that in the middle of the term to the laying him desolate of a servant to his great prejudice.
2do. For deserting of his service without provocation (as said is) or if she have any let her mention it here.
3to. For lying and railing calumnies and reproaches upon his family and particularly upon his spouse.
4to For her threatening to leave her death upon his spouse.
5to For offering to give one of his daughters the witch mark.
6to The she should have said to Robert Templeton
In his own family that she never served any Master but she and he had to do with other by way of carnal dealings.
Margarat Montgomrie being inquired at what she had to say in her own defence agt the sd lybell she replied as to the first, she confessed it. As to the 2d. She says she had no cause for deserting the Ministers service. As to the third being urged again and again by the comitee to tell if she had any thing to say agt. Mr. Thomsons spouse? She replied she had nothing and affirmed that what she had said about Mr. Thomsons spouse ryping her to the shirt and the locks of her hair was false. As to the 4th she confesseth it. The fifth she had confessed before the Session and now adheres to it before the comitee: but she says she had no evill designe in it. As to the 6th she answered “It was no wonder oyr people reproached her when her own stepmother said that she never served any master but she and he had to doe together (by way of carnall dealings)
After all Margaret Montgomerie being Inquired at by the comitee what sense she had of these her sins she replyed that she was grieved in the sight of God.
Upon the whole the Comitee are of opinion that she is highly scandalous and therefore ought to be severely censure and that at present she be rebuked and the matter referred to the Session for further decision. But concerning the 6th
Article, They appointed William Cudbertson & John Lamburghton to make further inquiry thereanent, and to report to the Session the next Sederunt.
She being called in again was rebuked and admonished to a more humble and circumspect walk and carriage and being again interrogate what sense she had of her sins and if that she had any peace in her mind in doing what she had done? She replied she had no peace, but was greatly grieved for what she had done. The Sederunt closed wt. prayer.
Sess. Febr. 12, 1709
After prayer William Cudbertson reported to the Session that upon his Inquiry about the 6th article according to appointment, Robert Templeton said to him that Margarat Montgomerie had said to him (viz. Rott Templetone) that her stepmother said that she (viz. Marg. Montgomerie) never served any master but she and they had to doe together.
This day likewise its reported that he forsd Margt. Montgomerie has said that William Cudbertson Elder in Buntenehill had to doe with her & that she has parted with child begotten by him. Qch report is referred to the Elders to make Inquiry into.
[Note: It is not explicitly clear here that the Session member William Cuthbertson, who was part of the investigative committee, and the accused William Cuthbertson Elder – i.e. “older” and not necessarily an “Elder” of the Kirk – are one and the same. But, circumstances point to that conclusion. First, from this point on William Cudbertson is never mentioned as a sitting elder on the Session, except for one instance where William “younger” is listed among the elders. Second, the testimony of Allan Broun – below, manuscript page 138f. – makes the most sense if William Cuthbertson “older” of Buntinhill was one of the investigating elders indicated here.]
Sess. March 27, 1709
After prayer. William Broun applying to the Session for a testificate, the Session thinks that it cannot be
Granted until he satisfie those persons qm he had covetously cheated, and likewise acknowledges the offence given both to them and to the Session and then his sense yrof. The matter was he had gone to severall persons in Killmarnock and elsewhere in other folks names and had made false tokens out of his own head and yrby had obtained several things from those persons qm he had deceived with pretended tokens and had not as yet restored the goods either in specie or in value. It being now inquired at him whither or not he had satisfied them? Ansr: The he had. The likewise and acknowledges his sorrow for offending the Lord’s people. Whereupon he being exhorted to a more circumspect walk a testificate is allowed him.
This day Robert Harper is appointd Ruling Elder to attend upon the Insuing Synod and the presbytries until that time. The [Se]derunt closed wt. prayer.
[Warning – the following entries often contain some fairly graphic, crude, and explicit language.]
At Killmares Aprile 18 1709
After prayer Sederunt. Mr. Hugh Thomson, Rott Harper, James Smith, & c:
The sd Day Margarat Montgomerie made application to the Minr. And desired that a Quorum of the Session might meet and hear her confession of severall scandalous sins she is guilty of under the conviction qrof she can have no quiet till she make her confession. Accordingly the Comitee above named mett.
Margaret Montgomerie compeared and made her acknowledgement as follows
Imprs (?) She alleges she committed adultery with Wm. Cudbertson Elder in Bunteenhill and particularly about 14 (?) days before Belltan [May Day] was a year in his own (?) barn upon a Fryday his wife being at Killmarnock for about ane hour before the sunsett the sd Wm. coming out of the place came into her shaking straw in the barn, saying to her if Thou knew the desirableness of it thou wouldest ly down to me tho in the midst of a hole, & said that he could have knowledge wt her & not get her with child, what needed her fear & yt five times he had carnal dealings with her during her half years service in the new lands. One time. One time in the Innseat and particularly betwixt the two beds upon the floor. Wm Ferguson leaving him and her and going to Killmares. Another time in the _oom horse stall qn Wm Ferguson was gone to Killmarnock with straw; and two times in the Lad’s bed, one time before his wife took her dead ill and another time after. One time in Wm Ferguson Sheephouse and twice in the Garnell house and also this in adultery befor his wife’s death. And moreover confesses that she and the sd Wm. Cudbertson lay together in fornication in his own barn the morrow after his wife’s burial about two of the clock in the afternoon after qlk time she conceived with child to the sd Wm: and being about Eleven weeks gone with child she
Confesses that she went from her service in the hill [Hill was the private home and farm of Rev. Hugh Thomson] to his own house and told him: She feared she was wt child for it was not with her as it want to be & told him it would be sure that she was with child.
He replies then Thou must leave the Ministers service.
She answered I cannot doe that with my credite.
Quoth he thou fashes me with thy clatter. Goe thy way God damne thee. It thou be not the filthiest Jadd that ever I knew in the world. Thereupon she left him and about 8 days yrafter the sd Margt. Leaving the minrs Service alledges she went to him again at Stewarton fair qlk night he brought home Elizabeth Miller John Boyds wife behind him unto the road that goes and she went to the old Thorn at Billslands land end, qr the sd Wm and she again committed uncleanness, and he for fear the Minr. Should get word caused her to goe to old Shaw end that night and the She came to the hill, & went from thence to the Shaw end till Wensday some eight days. At qlk time She went to the Bunteenhill before he rose, and shortly yr after Wm. Cudbertson went to Irvine to pay a load of meal, and he mett wt a skipper as he informed her, and give him two gills of brandie, and told the skipper he had a friend to send with him to Ireland and desired him to be kind to her & he should pay the freight
But she refused to Ireland: whereupon he replyed if thou will not goe as I would have thee I shalt take another way with thee, upon which he took her out to his own sheephouse end, and cast her over a big stone and sett his two knees upon her and so bruised and pressed her that she was not able to speak for the space of two hours; after ward he suffered her to arise saying God Keep me I fear I have murdered thee I fear, I fear, thou shad not with that wain yet & ten he sett in his two thumbs in her two sides and gripped her so severely that she thought to have fallen down. Thereafter she parted with child against the morrow at twelve of the clock, and she informing him that she was all wrong; he ansered I’le warrand thee after this. Thereafter about 14 days or thereby yy had carnal dealing together in his own meadow head beside a trampqurle (?) of hay. Sicklyke one night after she was entered with John Connell on a Wensday night in Jocksthorns ward Another time in his house when Margaret Huie was gone up to Stewartoune. Another time before he went to Margmass [Martinmass?] fair on a wensdays morning in his own horse stall. Another time one a Monday before she entered unto the Ministers service. The last time was upon a Fryday night before he was booked with Sarah Boyd in
His own sheephouse about 12 of the clock at night . She alledges yt he dissuaded her from confession because she would not be believed, having said so much ill of the Minister and his family, and telling her that none could feyle her if she keeped her own tongue and that the Minr. Would send her to the Indians if she confessed and what better would she be to confess for he would swear the contrair and that he would say she had him at envy and malice and would make it good because she had threatened to make him begg his bread. Wherupon she told him that she should not confess until he was married because yt would be said that it was out of envy; whereupon he took up his staff and beat her and told her that if she did confess, he should leave his seven motherless babies curses upon her, & that he would buy paper at Stewarton (being yn going hither) and write it with his blodd and leave it among his papers that none might see it till he died, that he left all yr curses upon her, and declares that she is willing to subscribe and setts to her mark. Sic Subscribitur M:M
Session April 25 1709
The Minutes of the comitees sederunt being read to the Session, yy think it fit to meet upon Wensday next to inquire into yt affair and appointed William Cudbertson to be summoned to compear before ym the said day.