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From: "Jim Bundy" <>
Subject: fenwick kirk session minutes 1644-99, note 54
Date: Sun, 6 Jun 2004 12:14:12 -0700


Page 59

& upon the oath syd theirof

Crawferdland with sevrall other of the leser heritors at ?ed from
without the ground stone of the kirkyaird dyk ? and ane half ell to be
an pasag way and did sett mei? Marches acordinglie and also apointed
the lyk bounds ? sydes & corners of the kirkyaird dyk

Sess Aprill 1 1674

Apeared 11 dayes

The Qlk day being cited compeared Jean Smith & confessed her adulterie
with Edwart Hemphill foirsd and is apointed to compear in publik the
nixt Sabbath in Sackloath the qch she did

Sess Aprill 9 1674

At direction of the Min and for his ?se alomerlie

The Qlk day the Laird of Rowallane yonger John Gemill in Dalsraith
David Gemill portioner of horshill & Adam Gillmur in oldhall are
apointed to misior the yaird that Patrick Gemill doth posess and desyr
him to produce ane fack or els to cause sumond him to remove against
the nixt year

The persons foirnamed conveened misoured the said yaird and finding
twentie falls of ground in the said yaird grass he formerly played but
for sixteen falls did appoint the other fewer falls of yaird to the
new house builder by John Moor

Sess May 6 1674

The Qlk day Robert Howat church officer is appointed to sumond Elspeth
Dunlop spouse of John Cuthbetsone to come to the publick place of
repentance the nixt Lords day gateing sealed in her ? mise formerly
with certification that she will be suthr preceded against

Sess May 17 1674

The Qlk day James Brown in arness and Agnes Harper being dilaited are
apointed to be cited to the nixt Sess

Sess Juny 3 1674

The Qlk day compeared Agnes Harper being accused of her scandalous
cariage with James Brown confesses that James Brown did strugll with
her in arness killn about midsumer the last year upon ane evening of
the sevnig of the son and that she did not bry ther tym was in the tym
of the ? garbet he strugled with her in the medow & did cast her down
& as she thoght had ane purpose to fall with ? The third tym was upon
she was washing cloaths at a well siting upon her knees hee strugled
with her & drew her backward & she ran away and left him The 4 tym was
upon ane harvest night upon she was washing her cloathes being a wet
night in a place in the yaird and afterward siting a whyll in the
yaird at the barn dor ? she was awar the sd James was standing hard by
her shee asked what he wuld be at hee sd he wuld ? with her within the
barn dore she ofering ? ? lep she grip go after hee had cast her down
? ? ? barn dore



Page 58

The sd Edwart and so he did very offen frequent on another's company
upon the Sabbath dayes and ther to kep his horses because hee was to
leed peits with them on the morrow and when hee arose in the morning
hee found the sd Edwart and her standing together besyde the horses
also the sd Robert being at another tym being at the changhous Edwart
being their also hee began to quaell with the sd Robert because hee
had rebuked him for hauuting Jean Smith her company at which tym
Edward sd hee wold hant her company & iff hee held then with her hee
would gre hem and doe it abe ag an th? Sam night also Alexr Mitchell
being examined declaires that upon ane Sabbath afternoon her and his
servant John Whyly going to bring home his perfes ther saw ane whyt
horse a littill distant from them and before ther wer auar they saw
Edwart Hemphill som to the whyt horse and horse himself & ryd away
speedilie to his own house at which tym they perceaves a woman in the
furrow betwixt two ridges but als seen as the woman perceaved that
they saw her she did creip down the furrow upon her hands and her feet
The sd Alexr & his servant seemg that they delayded themselves that
they might catch her The sd Alexr coming to her and towhing her asked
her what she was doing in that place But she answered not but blushed
her countenanc and would not speak to him, upon the sd Jean is asked
by the minister why she did hyd herself she answered because she was
blamed with Edwart Hemphill The sd Jean confesses she was in that
furrow and sat a whyll with the sd Edwart also confesses hee was in
that furrow feeding the horse

The Qlk Jean Patoun being examined declares upon she was servant to
Edwart upon ane Sabbath as Jean Smith was going betwixt the nether
Raith & the grassyeards a so coming near by the sd Elizabeth Patoun sd
to her tell no bodie that thou saw me after Jean Smith goes along
Edwart his dyk syd towards a fild of growing bear and a considrall
space after this Edwarts wyf cam seeking him and Eliz Patoun saw the
sd Edward com out from among that sam feild of bear

The Qlk day Edward Hemphill and Jean Smith are cited to the nixt
Session

Sess March 25 1674

Appeared in publik the Sabbath is absolved

The Qlk day compeares Edward Hemphill & confesses his adulterie with
Jean Smith in his first wyf her tyme in or about the year 1663 and is
apointed to come to the publik place of repentance the nixt Sabbath
the qch he did severall Sabaths

The Qlk day at the desyr of the Session conveened the Lairds of
Rowallane oldr & yongr the Laird of Lochrig William Montgomerie for
the Laird of

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