Elizabeth Sinclair is Raped by Donald Hendry. Part C

 

Lady Ulbster, Wednesday, 6 Jan, 1740 the minister went to Thurso East and reported the case to Lady Ulbster ‘upon whose interest he lives’. Lady Ulbster confirmed that she would allow the minister and session to deal with Hendry but that she would not otherwise ‘meddle’ with the case. She sent a letter via Mr Corse (probably her tacksman) asking for a copy of the proceedings, which was sent to her, but she did not respond further.

The minister also reported that he had not yet laid the matter before the Presbytery.

In the meantime whilst they were waiting to hear back from Lady Ulbster, the wife of Donald Hendry had a baby. Donald Hendry approached the minister and asked for baptism for his baby. The session decided that for edification the Hendry child could not be baptised until Donald Hendry made some satisfaction to the session and the congregation. In spite of the intention of the session elders there is no record of Hendry spending any time in jail although it is possible that he did. Nor is there evidence that Donald Hendry showed any remorse for his drunken, violent rape of Elizabeth Sinclair. It seems that Donald Hendry was merely required to stand one day in Sackcloth before the congregation and pay six pounds Scots. He was informed by the minister that he could not have any church privileges or have his baby baptised until he had fulfilled the sentence.

Wednesday, 24 Feb, 1740 the session met and decided that Donald Hendry must compear in sackcloth before the congregation next Lord’s day. He was also to pay a mult of three pounds Scots to George Aborneathie teaching the school at Clyth. It is not clear if this is in addition to the fine of six pounds Scots the session agreed to previously.

 

 In England Rape had long been an offence punishable by death, usually hanging. It seems that in this case, even though the session found that Hendry had no good reason going the way of Alexander Cormack’s house and agreed that it was very likely he wanted to do violence to Elizabeth Sinclair and also to James Forbes wife, the Scottish kirk session used their discretion in his management and he avoided the gallows.

 

At the time of Elizabeth I (1558-1603)

Thursday, 23 March, 1741 the baby Donald Hendry was baptised. David Sutherland in Mavisy and Allexr Sutherland were witnesses.

What of Elizabeth Sinclair? I could not locate any more records in the session minutes about her. But Alexander Cormack stood by his wife and on Wednesday, 3 May, 1741 he presented their baby daughter Jannet for baptism. Elizabeth’s father and Alexander’s father were witnesses to their granddaughter’s baptism. There is no suggestion that baby Jannet was a result of the rape which had happened in late May 1739. Nor is there any indication that the baptism was delayed after the birth as was the case with Donald Hendry’s baby. 

 

On 3 May 1741 Alexander Cormack presented his baby daughter, named Jannet, for baptism.  Witnesses James Sinclair in Clyth and James Cormack there.

The whole congregation knew of the dreadful circumstances of the violent rape of Elizabeth Sinclair. Looking back to the list of relations and neighbours who were prepared to appear in front of the session elders in support of Elizabeth and confirm Hendry’s bad character it is good to know they were there for her.

www.scotlandspeople.gov.uk Latheron kirk session, Minutes (1734-1776, with gaps) (1754-1783, with gaps), CH2/530/1 pgs 57 - 70