Category: Kirk Session

L is for Lookups

14/4/2016

A couple of months ago, while doing some eighteenth-century research for a client in the Carrington Kirk Session records, I came across a much later letter which had evidently been bound in with the accounts at a later date:

[Blind-stamped address]
Vogrie
Gorebridge, N[orth] B[ritain]
Aug 27th 1902

Dear Sir

I understand that a register of the Kirk discipline of Carrington is in existence dating from 1653 also Minutes of the Kirk Session of Carrington from 1695 to 1698,

I do not know whether they will be in your possession or not but if they are I should be greatly obliged if you would be so kind as to examine them & let me whether they contain any references to Dewar. My G. G. G. G. grandfather resided in the parish & his 2nd marriage is duly noted in the Register of Baptisms & Marriages under date 1658.

He died in 1699 & is buried at Carrington. The period I should like the two registers examined is from 1653 to 1699.

Very truly yours

J Cumming Dewar

In a different hand – seemingly that of William Granville Core, minister of Carrington, who at this time was also acting as session clerk for the parish – the following two entries are extracted:

1695 Febry 10 Received from James Dewar in Capilaw & his wife being th[ei]r collection for the building of Kinkell harbour 7 shillings by reason they were not here the day if was gathered.

1696 April 26 This day given in by Wm Cunningham as he & Robt Tait had received it from Sir John Ramsay of Whitehill & James Dewar in Capilaw £2-10 as their collection for the harbour of Queensferrie.

This is an example of what is known in genealogy circles as a lookup – a request for somebody to inspect a particular record set and to report back any entries that match the requester’s requirements. Instances are scattered throughout the Kirk Session records. There was a particular flurry of them following the enactment of the Old Age Pensions Act 1908, which for the first time granted the right to a pension to people aged 70 and over. Claimants had to prove their age, and often this would involve the pensions committee contacting the parish of birth to request confirmation of the information provided by applicants. Diligent clerks in some parishes incorporated copies of these lookup requests into the original Kirk Session records, sometimes providing useful information about what happened to parishioners.

Occasionally you will come across a request from someone researching their ancestry. We also recently found a letter to the session clerk of Dumbarton requesting a lookup about the writer’s grandfather, who was born in 1854. The letter was sent from Tasmania in 1973 – a fantastic discovery if you happen to be researching Robert Brown Ballantyne.

In the modern age, however, you don’t have to find the name and address of the parish clerk, send off a speculative letter and wait for a response by post, which might never come. (It would seem Robert Brown Ballantyne’s grand-daughter may never have received a reply, as her international reply coupon is included with her letter in the Dumbarton records!). We have recently launched a service offering lookups in Kirk Session records for a very affordable price, which we are gradually rolling out across the whole of Scotland. Those parishes currently available are shown below. If you don’t see the parish you’re interested in listed, let us know and we’ll have a look for you.

Lookup parishes currently available
Parish	County	NRS Reference
Aberdeen St Nicholas	Aberdeenshire	CH2/2

Aberdour	Fife	CH2/3

Aberlady	East Lothian	CH2/4

Alford	Aberdeenshire	CH2/9

Alva	Stirlingshire	CH2/10

Alves	Morayshire	CH2/11

Anwoth	Kirkcudbrightshire	CH2/14

Arbuthnott	Kincardinshire	CH2/16

Athelstaneford	East Lothian	CH2/18

Auchtergaven	Perthshire	CH2/22

Ayton	Berwickshire	CH2/26

Beith	Ayrshire	CH2/31

Bolton	East Lothian	CH2/37

Cambusnethan	Lanarkshire	CH2/48

Canisbay	Caithness	CH2/52

Carmichael	Lanarkshire	CH2/57

Carmunnock	Lanarkshire	CH2/58

Carnock	Fife	CH2/59

Carriden	West Lothian	CH2/61

Carrington	Midlothian	CH2/62

Carstairs	Lanarkshire	CH2/63

Castleton	Roxburghshire	CH2/64

Ceres	Fife	CH2/65

Cleish	Kinross-shire	CH2/67

Coldingham	Berwickshire	CH2/69

Colinton	Edinburgh	CH2/123

Corstorphine	Edinburgh	CH2/124

Coull	Aberdeenshire	CH2/71

Craigie	Ayrshire	CH2/73

Cranstoun	Midlothian	CH2/74

Crichton	Midlothian	CH2/75

Culross Abbey	Perthshire	CH2/77

Cumbernauld St Ninian's	Dunbartonshire	CH2/79

Cumbrae	Bute	CH2/80

Currie	Midlothian	CH2/83

Dalkeith St Nicholas	Midlothian	CH2/84

Dalmellington	Ayrshire	CH2/85

Dalmeny	West Lothian	CH2/86

Dalrymple	Ayrshire	CH2/87

Dalton	Dumfriesshire	CH2/88

Delting	Shetland	CH2/90

Deskford	Banffshire	CH2/91

Dron	Perthshire	CH2/93

Drumblade	Aberdeenshire	CH2/94

Drumelzier	Peeblesshire	CH2/95

Duddingston	Edinburgh	CH2/125

Dumbarton	Dunbartonshire	CH2/97

Dunbarney	Perthshire	CH2/100

Dunblane	Perthshire	CH2/101

Dunbog	Fife	CH2/102

Dundonald	Ayrshire	CH2/104

Dunkeld	Perthshire	CH2/749

Dunnichen	Angus	CH2/108

Dunnottar	Kincardinshire	CH2/110

Dunrossness & Fair Isle	Shetland	CH2/112

Dunscore	Dumfriesshire	CH2/114

Dyce	Aberdeenshire	CH2/117

Dysart	Fife	CH2/390

Eastwood	Renfrewshire	CH2/119

Edinburgh Greyfriars	Edinburgh	CH2/126

Edinburgh New Street (Canongate)	Edinburgh	CH2/132

Ellon	Aberdeenshire	CH2/147

Fettercairn	Kincardinshire	CH2/152

Forgandenny	Perthshire	CH2/161

Fossoway	Kinross-shire	CH2/163

Garvald and Bara	East Lothian	CH2/167

Glamis	Angus	CH2/170

Glenelg	Inverness-shire	CH2/966

Kilmartin	Argyll	CH2/793

Kilmichael Glassary	Argyll	CH2/1029

Kilwinning	Ayrshire	CH2/591

Lethendy and Kinloch	Perthshire	CH2/240

Little Dunkeld	Perthshire	CH2/107

Old Cumnock	Ayrshire	CH2/81

Redgorton	Perthshire	CH2/883

Riccarton	Ayrshire	CH2/1014

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K is for Kirk Session

13/4/2016

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The Church of Scotland is a Presbyterian church. Although the term Presbyterian is now often associated with a stern, austere form of Christianity, strictly speaking the term refers to the Church's hierarchical organisational structure. The supreme body of the Church of Scotland is the General Assembly, which meets annually in Edinburgh. The next level down from the General Assembly are the Synods, which are organised on a territorial basis. Synods are further subdivided into Presbyteries (whence the word Presbyterian). Finally, presbyteries are in turn divided into parishes. The parish is the basic unit of church governance.

Each parish had its own governing body, known as the Kirk Session. Each Kirk Session was convened by a Moderator, who in practice was the parish minister. The Session also had a Session Clerk who, in addition to his (until relatively recently, all members of the Kirk Sessions were men) duties as minute taker and record keeper, also had a significant role as an intermediary between the minister and the congregation. Parish schoolmasters often served as Session Clerks to supplement their meagre teaching incomes. The other members of the Kirk Session were the elders, generally chosen by the congregation. Elders were ordained for life, or until they resigned their position (usually through ill health, but occasionally elders were effectively forced out by scandal).

Perhaps the best way to understand the role of Kirk Sessions is to consider them as a combination of court and management body. In some parishes – particularly larger urban parishes – the administrative functions of the Session were hived off to a separate management committee, responsible for such matters as maintaining the church buildings, secular business and the like. Before 1845, and to some extent afterwards, Kirk Sessions were also responsible for provision of support to local paupers – often including members of other denominations – and Kirk Session records contain a great deal of information about payments to poor people. These records can be particularly informative where a dispute arose as to which parish was responsible for supporting paupers. Parishes would often make interim payments to poor people, and then claim the money back from the responsible parish. We will consider Sessions' role in poor relief in a future post.

But perhaps the most useful role of the Kirk Session was its quasi-judicial role. Kirk Sessions were notoriously inquisitive about what were considered sexual improprieties – particularly children born outwith marriage – and records of their interrogations of unmarried mothers are among the most interesting and useful of the Kirk Session records (see for instance here, here and here). Even if your ancestors were not cited to compear before the Session for sexual misdemeanours, they may have been cited as witnesses, or for other “scandals”, such as Sabbath breaking and irregular marriage.

Other records produced by the Kirk Session include Communion Rolls (see here for an example from Kinclaven), accounts (which can include payments for mortcloth hire, which can serve as a substitute where no burial or death registers survive), testificates (the system used when parishioners moved from one parish to another, certifying that they were members of the Church), registers of marriages and baptisms (which continued after the introduction of civil registration of births and marriages in 1855, and as we have seen, can sometimes contain important information not included in the statutory registers), as well as many other records.

Kirk Session records are a fantastic resource for genealogists and family historians. Unfortunately, unlike birth, marriage and death records, they have for the most part not been indexed, and are therefore much harder to access, particularly if you don’t live in Scotland. That is why we have started offering a lookup service, to make them accessible to Scottish genealogists around the world. To see which records we are currently able to lookup, browse our parish pages starting here. If we haven’t yet listed the available records for your parish, let us know and we will be glad to do so.

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J is for Jamaica

12/4/2016

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There have long been links between Scotland and Jamaica. As early as 1656, 1200 prisoners of war were deported to Jamaica by Oliver Cromwell. Later, many Scots migrated to Jamaica in search of their fortune. Famously, Robert Burns was set to sail for Jamaica before the success of the Kilmarnock Edition of his Poems Chiefly in a Scottish Dialect persuaded him to remain in Scotland.

Many Scots became plantation owners and wealthy merchants in Jamaica, frequently based on the exploitation of slaves. Often they would return to Scotland, having made their fortune. Others would leave money to the poor in their home parishes. One such was William Duffes (or Duffus), from Deskford in Banffshire.

The Kirk Session records of Deskford include a list of the recipients of £15 left to the poor of the parish:

List of the Poor of the Parish of Deskford nominated by the Revd Walter Chalmers Minister of Deskford & George Duffes in Knappycawset in terms of the will to receive the Legacy bequeathed by the late Mr William Duffes of Jamaica 17th November 1826

Christina Huie	4/-
Janet Keir	7/-
Isobel Nicol	8/-
Ann Currie	5/-
Elisabeth Dougal	8/-
Jane Riach	8/-
Margaret Cruickshank	6/-
Girrel Dunbar	6/-
Ann Whyte	7/-
Margt Taylor	7/-
Margt Huie	7/-
Isobel Ingles	8/-
Elspet Duffes	1
Jane Mcintosh	8/-
Isobel Duffes A Duffes' sister	1
John Wright's Relict	6/-
John Milton	8/-
Isobel Duffes	1
Elspet Longmore	5/-
Helen Fraser	9/-
Isobel Smith Craibston	6/-
Elspet Henderson	6/-
James Ritchie	9/-
George Taylor	8/-
Isobel Ross	10/-
James Craib	6/-
Jane Leg	6/-
Isobel Mess	6/-
Jane Ball	6/-
Alexr Wilson	8/-
Elspet Huie	4/-
Andrew Morison	8/-
Isobel Smith Kirktown	10/-
Janet Robertson	10/-
Ann Dawson	8/-
Elspet Keir	8/-
Margt Hunter	4/-
	15

You can find more information on the records of Deskford - including nearly 700 heads of families from 1834 to 1840 - here.

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I is for Illegitimate

11/4/2016

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Historically, illegitimacy – being born outwith marriage – often carried a great social stigma. It was considered something to be ashamed of – as if somehow the child was responsible for the actions of his or her parents. In my own family, my paternal grandmother was born before her parents were married, a fact that she kept hidden from my dad. She’d even gone to the length of consistently lying about her age to cover her tracks. It wasn't until about ten years after she died that I discovered the truth – much to the amusement of my dad, who had endured years of his mum putting his dad down because his father was illegitimate!

This social stigma was incorporated in law: the Registration (Scotland) Act 1854 [Link] required that all illegitimate births be marked as such in the original register (a requirement which wasn’t removed until 1919). Section 35 of the Registration (Scotland) Act stated:

In the Case of an illegitimate Child it shall not be lawful for the Registrar to enter the Name of any Person as the Father of such Child, unless at the joint Request of the Mother and of the Person acknowledging himself to be the Father of such Child, and who shall in such Case sign the Register as Informant along with the Mother

Consequently, unless the father acknowledged paternity and agreed in person to be registered as the father, it was illegal to record his name in the birth register, with one proviso:

Provided always, that when the Paternity of any illegitimate Child has been found by Decree of any competent Court, the Clerk of Court shall, within Ten Days after the Date of such Decree, send by Post to the Registrar of the Parish in which the Father is or was last domiciled, or in which the Birth shall have been registered, Notice of the Import of such Decree in the Form of the Schedule (F.) to this Act annexed, or to the like Effect, under a Penalty not exceeding Forty Shillings in case of Failure; and on Receipt of such Notice the Registrar shall add to the Entry of the Birth of such Child in the Register the Name of the Father and the Word "Illegitimate," and shall make upon the Margin of the Register opposite to such Entry a Note of such Decree and of the Import thereof

In other words, the father’s name could be added to a birth record after initial registration if paternity was proven subject to a court order, although the stigma of the word illegitimate would remain.

Section 36 of the Registration (Scotland) Act also illustrates an unusual feature of Scots law which distinguishes it from English law:

In the event of any Child, registered as illegitimate, being legitimated per subsequens matrimonium, the Registrar of the Parish in which the Birth of such illegitimate Child was registered shall, upon Production of an Extract of the Entry of such Marriage in the Register of Marriages, note on the Margin of the Register opposite to the Entry of the Birth the Legitimation of such Child per subsequens matrimonium, and the Date of the Registration of such Marriage

Under Scots law, a child born outwith marriage could be legitimated after birth per subsequens matrimonium – literally “by subsequent marriage” – if the parents later married, provided that they were free to marry at the time of the child’s birth.

From a genealogy perspective, the main import of illegitimacy is that it can prove a significant obstacle to tracing the child’s paternal ancestry. However, it need not always prove to be a brick wall.

Take the case of George Kerr Waterston, an illegitimate child born on October 9 1863 in Dunnichen, Angus. His statutory birth record does not name his father, instead just giving his mother’s name as Elspeth Waterston. As mentioned earlier, the law stated that in cases of illegitimate children, the father’s name could only be included if the father signed the register in person. The following entries from the records of Dunnichen parish demonstrate that the strict rules in force for civil registration did not apply to the Church, and thus how Kirk Session records can often be used to identify fathers of illegitimate children.

At Dunnichen the 18th day of October 1863 years
[…]
Compeared Elizabeth Waterstone Letham and pled guilty of fornication, accusing John Kerr, Junior, Blackhillock as the father of the child to which she had given birth on the 9th day of October last. The said Elizabeth Waterstone being admonished by the Moderator, the Clerk was instructed to cite the said John Kerr and the said Elizabeth Waterstone to compear before this Session on Sabbath the 22nd day of November next immediately after divine service.
[NRS Reference CH2/108/2 p. 35-36]

At Dunnichen the 22nd day of November 1863 years
[…]
Compeared also Elizabeth Waterstone but no compearance being made on the part of John Kerr, the Clerk was requested to cite him to compear before the Session next Lord’s day.
[NRS Reference CH2/108/2 p. 36-37]

At Dunnichen the 6th day of December 1863 years
[…]
Compeared Elizabeth Waterstone, and the Moderator having produced the following letter from John Kerr Greenhillock
Greenhillock 23 [November?] 1863
Sir,
I have not come as you hopped but I hope you will Baptise the child.
(signed) John Kerr
Your Servant
The Session hold that it was a sufficient acknowledgement by the said John Kerr.
The said Elizabeth Waterstone being suitably admonished by the Moderator was restored to the privileges of the Church.
[NRS Reference CH2/108/2 p. 37-38]

A couple of weeks later, in the Baptismal Register for Dunnichen, we find the following entry:

Kerr, George Kerr Waterston (illegitimate), S[on]. [Father] John Kerr Junior, Greenhillock Tulloes; [Mother] Elspeth Waterston, Letham. Birth 9th October 1863, Baptism 9th December 1863
[NRS Reference CH2/108/3 p. 32]

This entry provides another useful lesson - it's always worth checking baptismal registers, even after the introduction of civil registration.

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E is for Education, in Ellon

6/4/2016

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The Reformation in Scotland placed great emphasis on education. In 1560, the First Book of Discipline established the ideal of universal education, of a school in every parish. Although the ideal was never actually realised in practice, it remained a worthy objective.

As a consequence, many wealthy individuals left legacies for educational purposes. Some, such as George Heriot in Edinburgh, left money to establish educational institutions for poor children, often referred to slightly confusingly as Hospitals. Others endowed funds to pay school fees for children in a district. One such fund was the Milne Bequest in the parish of Ellon, Aberdeenshire. The Parliamentary Educational Endowments (Scotland) Commission described it thus:

The Milne Bequest, which is said to be dated in 1797, but did not come into operation till 1808, its precise date not being ascertainable, but a record of it appearing in the kirk session minutes under date July 21, 1808, was left by the Rev James Milne, minister of Ellon, ‘for the purpose of educating poor children’. Its amount is nearly £20 of capital, and it is paid to the School Board for the education of poor children.

p. 483, Fourth Report of the Educational Endowments (Scotland) Commission with Evidence and Appendix, Edinburgh, HMSO 1887

The benefactor being a minister, it is perhaps not surprising that operation of the Milne Bequest was placed in the hands of the Kirk Session of Ellon. Fortunately, the elders kept excellent records of payments made under the bequest. The entries for 1862/63 are as follows:

Milne Bequest 1862-63 [NRS Ref CH2/147/9 p 97-98]
Name	Age	Parents or guardian	No of whole family	No under 14 at home	Causes of absence
Allan, Alexander	11	Francis Allan, beadle; Jane Low	five	five	measles
Allan, William	8				measles
Angus, James	11	Elspet Angus or Hay, dom servt
Bowman, Mary	7	Robert Bowman, f s; Jessie Low	seven	six
Bowman, Robert	12				engagement at farm work
Donaldson, George	9	Jean Low, guardian			unwell
Edwards, Isabella	12	Jean Low, guardian
Elrick, Anne	7	James Mackie, guardian
Ewen, Isabella	11	Peter Ewen, ag lab; Jane Taylor	seven	two
Ewen, Peter	13
Gibson, Charles	9	Charles Gibson, f servt; Anne Taylor	six	five	measles
Gibson, Jane	7				measles
Gray, George	8	Alexr Gray, f servt; Margt Kelly	six	five
Gray, Peter	10
Johnston, James	7	Elspet Webster, mother
Kennedy, Mary	9	John James, guardian
Low, Christian	8	George Low, ag lab; Ch Gill	six	four	measles
Low, Margaret	8	Forbes Robertson, step father; Helen Findlay	4	4	diphtheria
Milne, James	8	John Milne, guardian			measles
Mitchell, Francis	7	John Mitchell, ag lab; Jane Lyon	five	five	parental negligence
Mitchell, Margaret	9				parental negligence
Reid, Anne	11	John Reid, ag lab; Anne Coupland	six	six
Reid, Bathia	9
Sheriffs, Elizabeth	13	James Sheriffs, lab; Anne Elrick	four	one	dishealth
Stewart, Charlotte	9	Mary Connon, mother			diphtheria
Sutherland, Catherine	9	George Taylor, guardian			measles
Thom, Anne	8	Alexr Thom, grieve; Mary Wood	ten	four
Thom, Christian	10
Wilson, William	8	John James, guardian
Rae, John	7	Alexr Cruickshank, guardian			fever

The Kirk Session records of Ellon parish include payments made from the Milne Bequest from 1852 to 1880. Apart from the details of ill health as shown above, and the details of guardians of children - presumably orphans - some of the earlier records also include comments on the individual pupils ("giddy, thoughtless", "less fair from want of parental oversight") that offer a unique insight into their characters. You can request a lookup in these and other Ellon parish records here.

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Birthdays - but which one?

2/4/2016

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One of the slightly unusual features of the Scottish system of statutory registration is the Register of Corrected Entries (now known as the Register of Corrections, Etc, or RCE). This allows for errors in original records to be corrected. In modern times, the RCE is a separate volume - the original register is not actually changed; instead a note is added in the margin, with a reference to the RCE.

While the RCE system only applies to statutory registration of births, marriages and deaths, as introduced in Scotland in 1855, it was clearly not without precedent, as the following entry from the Kirk Session of Barony, in Glasgow, shows:

31 October 1832
Compeared Mr John Hamilton who stated to the Session that he had lately discovered that a mistake had been made in the Register of Births belonging to the Parish which related to the recording the date of the birth of his lawful twin children a daughter & son named Mary Ann & John, and which he requested that the Session would have the goodness to get rectified. The mistake was this, that it was recorded, that these children were born on the 10th & 12th of November 1811 years whereas the truth is, that they were born on the 10th and 12th of October 1811. The Session satisfied of the truth of the above statement unanimously agree to Mr Hamilton's request, and do hereby order their Clerk to insert anew the birth of his twin children named Mary Ann & John born on the 10th and 12th October 1811 years, into the Parish Register of Births and Baptisms.
[Glasgow Barony Kirk Session CH2/173/13 p. 89]

Several things stand out from this entry. Firstly, it shows that even contemporary, primary sources can be incorrect: although in this case, it seems that the clerk did change the original register, and a modern researcher would find the correct date (assuming the father was telling the truth). Secondly, you have to wonder how and why the father noticed the error, almost exactly 21 years after the event. Perhaps the children were involved in some legal matter that required them to be 21 years of age, possibly an inheritance. And thirdly, it also inadvertently offers a glimpse into family history as opposed to genealogy: Mary Ann and John were twins, but they were born 2 days apart, suggesting that their mother (unnamed in this entry, but she was Agnes Robertson) must have experienced a lengthy labour of at least 24 hours, more than 35 years before James Young Simpson pioneered the use of anaesthesia in childbirth.

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Adultery in Athelstaneford

1/4/2016

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The following entries are from Athelstaneford Kirk Session minutes, and the minutes of the Presbytery of Haddington.

Athelstaneford Kirk Session minutes CH2/18/1 p. 180
Athelstaneford 27th April 1834
This day the Session met and being constituted by prayer, compeared Janet Brook charged with being with child. Being interrogated she acknowledged the truth of the charge and declared that Mr Thomas Darling, tenant of West Fortune is the father of the child, with which she has been pregnant eight months. She said that Mr Darling promised to support the child. She was admonished and dismissed. Sederunt closed with prayer.

CH2/18/1 p. 182-185
Athelstaneford 11th July 1834
The Kirk Session of Athelstaneford met according to appointment and was constituted, consisting of the Moderator and Mr Walter Gibson, Mr Francis Shirreff and Sir David Kinloch Baronet, Elders. Sir David Kinloch stated that the object of this meeting was to make a brief statement of facts relative to the conduct of Mr Darling, farmer in this parish, when a short statement was laid before the meeting, with being altered and amended is as follows –
Statement
Mr Thomas Darling a farmer in this parish, having been accused of Adultery with Janet Brook, and the Minister having written him a friendly letter, advising him to subject to the Rules of the Church, and get the matter settled, Mr Darling in replay acknowledged his guilt, and proposed to pay a fine for behoof of the poor of this parish; but said he would not appear before the Kirk Session, and if this was indispensable, his case must remain on the same footing in which it stands.
The usual time of dispensing the Lord’s Supper in this parish being at hand, and Mr Darling having acknowledged himself guilty of adultery, the Kirk Session had no idea that he would claim the privilege of Church membership until he was regularly absolved from the scandal under which he lay; but on the Saturday before the Communion, the day on which tokens are given, he demanded a token from the Elders, which they refused, in consequence of which many abusive expressions were uttered against them by him.
His wife having got a token, he took it from her and violently threw it away as far as he could. On the Sabbath morning he behaved to the Elders in a similar manner, and his conduct was so abusive and outrageous as to put one of the Elders into such a state of agitation that it was with difficulty he could perform the duties of his office that day. His conduct at that time was so violent as to be heard within the Church, and disturbed part of the congregation whilst worshipping. Notwithstanding his being refused a token, and being remonstrated with by the Elders, Mr Darling intruded himself to the Lord’s table, and the Kirk Session, in order to prevent a riot and confusion in the Church during the solemnity did not use force to remove him from the table.
The Kirk Session of Athelstaneford can not overlook this outrage and daring violation of the Rules of the Church, and in order to prevent similar outrages being committed in time to come, they will, if advised to do so, apply to his Majesty’s Solicitor General, that this disorderly person be prosecuted in some competent Court, there being much ground to suspect that his conduct on his occasion was intended to throw contempt on our venerable Church and on her office bearers.
In the meantime the Kirk Session resolve to lay the above statement of facts before the learned Procurator for the Church of Scotland, and they respectfully crave his advice in this case.
The Kirk Session feel it their duty to lay a similar statement of this case before the Presbytery of Haddington, to whom they look up with great respect, for advice and direction in this and in other difficult cases.

CH2/18/1 p. 186
Athelstaneford 22nd August 1834
The Kirk Session of Athelstaneford being met and constituted by prayer, they did and hereby do, agreeably to the advice of the Presbytery of Haddington, issue a summons to Mr Thomas Darling, farmer of West Fortune, to attend a Meeting of the Kirk Session of this Parish, immediately after Sermon on Sabbath first, if convenient for him, or at farthest on Sabbath the 31st current, immediately after Sermon. And the Kirk Session appoint John Paterson, Kirk Officer of this Parish, to leave this summons at the house of Mr Darling before witnesses. This meeting closed with prayer.

Athelstaneford 22nd August 1834
The Kirk Session of this Parish being met and constituted, they reviewed their statement of the 11th of July last relative to Mr Darling. They adhere to that statement and they hereby refer the whole of it, so far as it bears on his conduct, to the consideration of the Presbytery of Haddington.

Athelstaneford 7th Sep 1834
This day the Kirk Session met, and being constituted by prayer, compeared Janet Brook (see minute 27th April 1834). Being suitably rebuked and admonished she was absolved from the scandal of the offence. Sederunt closed with prayer.

Presbytery of Haddington CH2/185/14 p. 128-129
Haddington 2d September 1834
[…]
There was produced and read a Reference from the Kirk Session of Athelstaneford dated 22d August 1834. The Presbytery sustained the Reference, and appointed their officer to summon Mr Thomas Darling farmer at West Fortune to appear before the Presbytery on the 4th day of October next at 12 o’clock noon to answer the Charges of Adultery and profane intrusion on the Ordinance of Our Lord’s Supper. And also to summon the Kirk Session of Athelstaneford to appear before them on the same day.

CH2/185/14 p. 130
Haddington 14th October 1834
[…]
Parties having been called in the case referred to the Presbytery from the Kirk Session of Athelstaneford. Compeared for the Kirk Session the Revd William Ritchie, and Sir David Kinloch, Elder. And Mr Thomas Darling for himself. After mature deliberation the Presbytery agreed to delay giving judgment in this case till next meeting.

CH2/185/14 p 132
Haddington 9th December 1834
[…]
Parties having been called in the case from the Kirk Session of Athelstaneford there appeared the Reverend Mr Ritchie for the Kirk Session, and Mr Darling for himself, with Mr Younger as his Counsel. Parties having been heard, and Mr Darling having been interrogated whether he cordially and unqualifiedly expressed his sorrow and contrition both in the sight of God and of man for the sin of Adultery and profane intrusion on the Lord’s Supper with which he had been charged before the Presbytery, he replied that he did so unqualifiedly. And being also interrogated whether he would willingly submit himself to the authority of the Kirk Session of Athelstaneford according to the rules of the Church, he also replied that he would do so willingly.
After reasoning the Presbytery agreed to remit this most distressing and important case to the Kirk Session of Athelstaneford with instructions to proceed according to the rules of the church; and before they proceed to absolve Mr Darling, to report to the Presbytery, which report shall lie on the table till the next ordinary meeting thereafter.

Thomas Darling is not mentioned again in the Kirk Session minutes for Athelstaneford. He does appear at West Fortune in the 1841 census, a farmer aged 42. Janet Brook is also found living in Athelstaneford village in 1841, with her 7 year old son, David Darling. Although the child is not named in the Athelstaneford Kirk Session or Presbytery of Haddington records, it seems almost certain that David Darling is in fact Thomas Darling's son.

Without the Kirk Session records, it might not otherwise have been possible to identify David's father. These entries also illustrate how individual Kirk Sessions could refer cases to their Presbytery for a ruling. As well as revealing the likely father of David Darling, the entries also reveal something of the character of Thomas Darling. You can see what other records are available for Athelstaneford here.

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Never on a Sunday - magic and the Sabbath

31/3/2016

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Rowan trees have a special place in Scottish folklore. They are traditionally seen to have apotropaic power - that is, they can ward off witchcraft, and particularly the evil eye. Sometimes this tradition can appear in unexpected places, such as this case from the Kirk Session of Cumbernauld parish, from 1728:

18th Febry 1728
The which Day, the Session, upon Information that Mary, George & Alexr Starks in Cumbernauld had last Lord’s Day been taken up in using Charms as Antidotes to bodily Disorders which they imputed to Witchcraft, appointed their Officer to summond them to next meeting.

25th Febry 1728
This Day Mary, George & Alexr Starks, summoned & called, Compeared; when Geo & Alexr Starks confessed that they, at the Desire of the said Mary, went to the Wood on the Lord’s Day, & brought thence a timber called Rowntree, which the said Mary owned she boiled & gave the juice of it to her Daughter to drink. But declares she gave it not as any Charm for Witchcraft but merely as a Drunk that might do good to her Daughter’s Health. They were removed. And the Session finding that the Guilt in this Case is Principally Profanation of the Lord’s Day, after deliberating on the several Circumstances of it, they judged it proper, & accordingly appointed that Geo & Alexr Starks be rebuked before the publick Congregation on this Day three weeks; & if they give satisfying evidences of their Repentance be absolved; & that they attend the Minr, twixt & that time, to be conversed with.

17th March 1728
George & Alexr Starks appeared before the Congregation this Day to be rebuked & shew Repentance of their Sin of Sabbath Breaking, & other suspicious Practices; & Alexr Stark professing a suitable Sorrow for & Repentance of his sin was absolved; But George discovering no such Disposition, is continued under Scandal.

[Cumbernauld Kirk Session minutes, NRS Ref CH2/79/1]

Clearly the members of Cumbernauld Kirk Session were more concerned with Sabbath breaking than the potential use of magic. But this is just one example of some of the fascinating snippets of social, local and family history to be found in the Kirk Session records. We will be writing more about some of our discoveries in Kirk Session records over the next few months as we roll out our kirk session records lookup service.

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Never on a Sunday - magic and the Sabbath

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