Margaret Jarmson Servant to John Sutherland of Burrigill
The immediate following is an abbreviated story. The full transcription of the record is below.
March 1742 Margaret Jarmson was a servant in the house of John Sutherland of Burrigill – an old farm near Forse. She turned up in great distress, at the house of her brother Frances Jarmson having had a problem with her master John Sutherland. Margaret’s sister-in-law Katheron later denied knowing or seeing anything other than that Margaret had lain in her house for a week.
11 April 1742
William Grasich, elder, heard that Margaret Jarmson had ‘aborted’ a six week old embrio.
If this was true it was a serious problem to the elders as the 1690 Scottish ‘Act Anent Murdering of Children’ stipulated that ‘if any woman shall conceal her being with child, during the whole space, and shall not call for and make use of help and assistance in the birth, the child being found dead or amissing, the mother shall be holden and repute the murderer of her own child.’ This 1690 Act in abbreviated form, was read out to congregations in Scotland regularly.
Establishing if Margaret had a ‘miscarriage’ or deliberate abortion was a problem for the elders but they were suspicious anyway and determined to get the truth.
Margaret was called in before the elders and denied there had been any birth and that her sickness was her natural [monthlies].
The elders said that she either had to swear by oath that she had no carnal dealings with a man since the first of November last or she had to tell the name of the man who was the father to her pregnancy. Three elders were appointed to deal with her conscience! How terrifying for her.
18 April 1742
Margaret was summoned again but did not appear - for two reasons. One that an officer told the elders he had cited her to appear but he hadn’t. He told a lie but he just got told off! The other reason was she said her master was in great distress. His distress may relate to fact that he was sick and needed her with him.
2 May 1742
Margaret eventually appeared before the Dyat and was interrogated. She said she had never aborted but because she had carnal dealings with Alexander McCormack, another servant to John Sutherland in Burrigill, she imagined she had aborted but it was a false conception.
The session said she must be publickly shamed in the usual way (sackcloth before the congregation). Then they brought in Alexander McCormack for questioning. He denied having carnal relations with Margaret Jarmson and was prepared to say so under oath.
So the next move was for the elders to bring in Margaret and Alexander together to find out the truth but this failed because he enlisted as a soldier ‘recruit’ and left the district. The session decided to ask the Presbytery what to do next.
Now comes the money question. There is a ‘mult’ or fine due from Margaret so the elders ask her master John Sutherland in Burrigill to secure that. Margaret is by oath to confess the truth and give glory to God. Her oath that she had no carnal dealings is read out to her and a date set.
Old crofts at Corr near Burrigill
4 August 1743
Now Margaret gets the guilts – which is what the Session elders wanted all along. Feeling deeply guilty Margaret now says that the person she had carnal dealing with was her Master John Sutherland of Burrigill and that he owes her a year’s wages. The session are extremely glad she has acknowledged the truth and say she has to leave her master’s employ immediately.
18 September 1743
Now the elders turn their attention to John Sutherland at Burrigill. He gets a visit from a quorum of elders. John Sutherland admits ‘living in a leud way’ with Margaret Jarmson. But he insisted that he is sickly and infirm and unable to get to the kirk to make a publick confession. He offers to ‘acknowledge the Box beyond the ordinary rate’ that is pay his fine plus some. How convenient for John Sutherland. He will buy his way out of this problem while his servant Margaret Jarmson, who hasn’t been paid her wages for a year, will be shamed publickly. He hadn’t been too infirm to have carnal dealings with her!
The session elders met with John Sutherland and ‘intensely conversed with him’. He admitted that he could not get himself out of the charge. The session considered that he claimed to be a dying man and unable to make satisfaction before the congregation so they decided on a penalty of sixteen marks (a merk was 13 shillings and four pence or 2/3 of a pound Scots so a substantial fine) which was due at Martinmas. Martinmas day, usually 11 November, marked the end of harvest and the beginning of winter.
John Sutherland agreed to put away Margaret Jarmson at
Martinmas, otherwise, he was warned, he would be labelled obnoxious to the
Session. The session also decided to keep an eye on John Sutherland in case he
was falsifying his condition in which case he would have to be proceded against
in the usual way. On top of that the Session decided to remove John Sutherland
from his position as an elder because of him Margaret Jarmson had to perjure
herself. And he did his wicked hidden work of darkness and heinous agravation
of sin. The moderator was to declare the sentence from the pulpit next Lord’s
Day. .jpg)
Scotland. James VI of Scotland. 1577. Half Merk
Closed with prayer
Niandt near Burrigill
Margaret Jarmson 1742 Transcription
The following is the full transcription of the records of Margaret Jarmson and John Sutherland of Burrigill. Where there is a question mark I am not sure of the word in the original.
Bleau Atlas of Scotland 1654
11 April 1742 Pages 102 - 103
This day the session had laid before them the minute of session held by Mr Pope the twenty eight day of March, anent (concerning) a delation given in by William Grasich Elder anent Margaret Jarmson servant to John Sutherland who was reported to be with child and to have aborted in the house of Francis Jarmson the woman’s brother and the several witnesses for proving the said point being cited to this Dyat in order to find out what truth was in that matter.
Compeared Katheron Taylor wife to the said Francis Jarmson and the Session propose to take her declaration what she knew of this matter previous to her oath. And she declares that the night Margaret Jarmson came to her house and told her she was in great Disorder her master having quarrelled her for some piece of neglect that she grew immediately sick and that she told the Declarant that she believed that she had aborted and that the embrio was not but about six weeks old but that she (Katheron Taylor) did not see it and knew no more about it and that she said Margaret Jarmson lay in her house about a week afterwards.
The Session next called in Margaret Jarmson to confront her with the said Katheron Taylor and being asked whether or not such a conversation passed between them. She greatly equivocated and shifted the truth averying contrary to all probability that she had no birth and that her sickness was only natural. The session resolved to deal with the woman’s conscience and are determined that she must give the father to her untimely birth or process of time deguilt herself by oath that no man had carnal dealings with her from the first of November last until the time of this delation to the session. The Session appoint three of the elders to deal further with the conscience of the said Margaret Jarmson Viz Alexander McKy: Benjamin Roy, John Gun. All parties concerned are appointed to wait the next meeting of session. Closed with Prayer.
18 April 1742 Page 103
Margaret Jarmson Summoned Called Compeared Not but the officer informs that she could not wait the Session because her Master was in great distress.
It appears that George McCain Officer did not cite Margaret Jarmson to this Dyat though he adhered in face of the session that he did. The Session deferred and reproved to fortify him not to do the like again.
Page 104 Margaret Jarmson Summoned Called Compeared Not. Appoint her to be summoned protertio (for a second time).
2 May 1742 Page 104
Margaret Jarmson Summoned to this Dyat was Called and having Compeared and being interogat whether or not she aborted. Answered that she never had anything like that but a conviction of her being guilty of carnal dealing with Alexander McCormack servant to John Sutherland in Burragill, her master, made her imagine that she had aborted when it was but a false conception.
The Session judge it no further for edification to enquire into this dark affair but rest satisfied in appointing Margaret Jarmson to make publick satisfaction in the ordinary way. And the said Alexander McCormack is appointed to be summoned to the next meeting of Session.
9 May 1742 Page 106
Alexander McCormack Summoned, Called, Compeared and being charged anent the former allegiance answered negatively. Therefore the session enjoines the officer that he cites the said Alexander McCormack and Margaret Jarmson to the next session to be both confronted and in case the session do find themselves still straightened seeing McCormack refutes all guilt with her and offers his oath that the session because of many circumstances truly straightening and intricate to them advise the Presbytery whether or not the woman’s own oath should not rather be demanded than the man’s oath she alleges to be guilty with her.
16 May 1742 Page 107
The session is informed that Alexander McCormack is enlisted for a recroot (recruit) so that they can have no access to him. Therefore the session refers to the advice of the Presbytery how to deal with the woman.
John Sutherland session Ballzie is desired to secure as much of Margaret Jarmson fees as will pay her mult.
5 September 1742 Page 116
The minister informs that he advised the Presbytery the case of Margaret Jarmson and as there are more strong suppositions that she had bought forth one untimely (?) birth and that the session were entirely sceptical of Alexander McCormack alias Gun his innocence with respect to what she charged him with. Therefore the session is empowered to require her oath that she was guilty with no man from Michaelmas one thousand seven hundred and forty one year’s till Whitsunday one thousand seven hundred and forty two years and the session appoints her to be summoned against this day eight days that the time may be intimated to her.
12 September 1742 Page 117
Margaret Jarmson Summoned Called Compeared and the former minute being read to her she was seriously admonished to consider the nature of her oath and to [give] glory to God in making one ingenuous confession with respect of her abortion and required to attend next Lords Day that her oath may be read to her and that the Session may deliberate what time her oath may be taken.
23 January 1743 Page 118
Margaret Jarmson Summoned Called Compeared Not appoints her to be summoned to the next pro 2do.
4 August 1743 Page 129
Margaret Jarmson having applied to the Session for access (?) was admitted and earnestly craved to take her confession now as she was under deep improfession (?) of guilt and no ways able to make oath as she formerly affirmed and therefore was now in fact acknowledged that John Sutherland in Burragill her Master was the man who was guilty with her and owned that her Master was due her a year’s fee at Martinmas next. The Session considering the above confession was extremely glad that the said Jarmson was not so abandoned as to offer her oath and approve of her (?) though late. She was reproved and publickly exhorted and to depart that man’s service instantly.
And the said John Sutherland is appointed to be cited against this day fourth night.
18 September 1743 Page 133
The Minister reports that he went and saw John Sutherland in Burrigill who with (?) owned his living in a leud way with Margaret Jarmson. He insisted much that he was unable to come the length of the Kirk to make confession before the session and consequently make satisfaction before the congregation being very sickly and infirm but would acknowledge the Box beyond the ordinary rate. Since as he said he could not give other satisfaction that was usually done.
The session considering the above report resolve that the minister with the session Ballzie together with William Grasich, William Sutherland elders as a quorum to (?) about of the lack to (?) to converse the said John Sutherland and take his (?) confession and do what further they shall for progress with respect to this affair.
Burrigill 19 September 1743
The quorum of the session met according to appointment and having intensely conversed with John Sutherland before them and he being asked whether he was guilty with Margaret Jarmson his own servant and lived in a bad way with her. According to her confession answered that he could not safely get himself from the charge and warned that about a year and a half before she made her confession he was guilty with her and this is his confession before the session.
The session considering that John Sutherland is in a bad state of health, a dying man and unable to make satisfaction before the congregation have taken the penalty of sixteen merks from him for himself and partie for which he has granted Bill to the Ballzie of the date payable at Martinmas.
The said John Sutherland engaged to put away the woman at term otherwise to be obnoxious to the Session.
25 September 1743 Pages 133 - 134
The Session approve of what the quorum did forthwith to John Sutherland only that in case it appear that he was falsifying his disposition that it be inquired unto and if it appears to be true that he be proceeded against in the ordinary way for satisfaction.
There after the Session unanimously agree that they remove the said John Sutherland from the office of his eldership - his age and manifest practising on Margaret Jarmson to make her perjure herself in order for him in his wicked hidden work of darkness, are heinous aggravations of his sin and to alarm and admonish the congregation.
The session appoint the moderator to intimate this their sentence from the pulpit next Lord’s Day declaring the said John Sutherland his eldership to be void and null in all time coming.
Closed with prayer
https://www.scotlandspeople.gov.uk/virtual-volumes/ Latheron kirk session, Minutes (1734-1776, with gaps) Pages 102 - 134
Crofts of Burrigill at rear
Burrigill is a small crofting township on the East coast of Caithness located near Forse. The farm at Burrigill is a very old farm as shown in the map records.
Jarmson is not a common name in the records on Scotland’s People. The few records there are come from Shetland. I think it is likely that Margaret Jarmson had Shetland connections and may not have had family support other than her brother and his wife when Margaret got into trouble with the Latheron kirk session elders.
