Parents of David Hamilton of Maybole, Scotland

Date: 1800 to 1801
Location: Maybole, Ayrshire, Scotland
Surname/tag: Hamilton,McClure

Shortly before September 1800, Margaret McClure had a son, David, in Maybole, Ayrshire, Scotland, outside of marriage. She was called before the Maybole Kirk Session on September 15 and asked who the father was. She stated it was "William Hamilton mason in Maybole."

Hamilton was also called before the court and denied that he was the father.

Margaret and William appeared in court again in October and each repeated their position.

At the November session, it was reported that William had left town.

For several months, the session continued to try to make William return to Maybole to appear before them. Finally, in May, he did and being asked again if he was the father, this time he stated he was.

In July 1801, Margaret appeared again before the session, where she was "rebuked and absolved from the scandal." William did not appear again. ^[1]

The Maybole kirk session was "a church court that sat within the presbytery of Ayr and the synod of Glasgow and Ayr." ^[2] Minutes of the session are available to view for free at ScotlandsPeople.

The session was concerned, among other things, with cases of children born outside of marriage because the church was responsible for the child's support if the mother was impoverished and the father would not accept responsibility. It went to great lengths to determine the biological father of such children and to get him to admit his responsibility.

Although the child in this case is never named in the minutes, we know it was David Hamilton because his death certificate states he died 1 September 1867 in Maybole, that he was 67, and that his parents were William Hamilton and Margaret McClure. ^[3]

This case is important because many trees on other sites show David's mother to be Agnes Hepburn, the legal wife of William Hamilton.

The minutes never refer to William as being a married man, as they usually do in such cases, but he had his legal child, Elizabeth, baptized in the same church a month after being accused by Margaret and just days before leaving town. ^[4]

Below is a transcription of part of the manuscript minutes of the kirk session from September 1800 to July 1801. It provides genealogical evidence for:

• the parents (William Hamilton and Margaret McClure) of David Hamilton;
• the approximate date of his birth;
• the occupation (mason) of his father;
• the date (October 1800) the father left Maybole; and
• where he moved to (St Quivox).

Transcription

Transcription by Bennet George.

Maybole Septr. 15th 1800

Margaret MClure cited to this diet being called compeared. [appear before a judge in court] she being asked who was the father of the child she had brought forth in an unmarried state at the same time being solemnly admonished not to accuse any person falsely, dilated [accuse, charge, inform against] William Hamilton mason in Maybole as the father of her child. William Hamilton who was also cited to this diet being afterwards called compeared and was thereupon informed that Margt. MClure had dilated him as the father of the child which she has lately brought forth. He being asked of he acknowledged himself to be so he answered that he was not the father of the child and that he never had known her carnally. Said Margt. MClure being further asked if she could adduce any presumptive evidence of William Hamilton's guilt with her, said she could not. The Session defer passing any judgement at present and the parties are cited apud acta [legal latin: among the recorded proceedings] to compear before this Session on the fifth day of October next.

Maybole, October 5th 1800

Wm. Hamilton and Margt. MClure compeared. she still accused Wm, as being the father of her child, he denied that he ever had carnal dealings with her but at same time proposed that the Session should delay giving any sentence till their next ordinary meeting that she might have time to think on the matter and that he would allow her to give her oath to the verity of her accusation if the Session pleased to take it.

Maybole, Novr. 2d 1800

William Hamilton and Margty. MClure sumd. apud acta to this diet being called did not compear as it is said that Wm Hamilton has left the place. the Session allow this matter to lye over till their next meeting.

Maybole, Decr. 7th 1800

Margt. MClure compeared to this diet but as William Hamilton did not compear the Clerk is to write to the Minister of the parish of St Quivox^[5] to cause his officer cite sd. William Hamilton to compear before this session agst. the first Sabbath of January next.

Maybole, Jany. 25th 1801

The Clerk having wrote Mr. McQuhae to cause cite William Hamilton to compear before this Session against the first Sabbath of Jany. but the letter not having reached Mr. McQuhae in time sd. William Hamilton did not compear but he having been cited to this diet did compear as also his accuser Margt. MClure. She being asked if she still adheared to her accusation of Wm Hamilton said she did he being seriously admonished to tell the truth and being asked of he was the father of her child declared he was not. The Session having deliberated on this matter did and here by do refer the matter to the Presby. requesting them to give such a final decision [?] as to them shall seem meet which sentence was intimated to the parties and they were sumd. apud acta to compear before the Presby. at their first meeting on Wednesday the 25th of March next.

Maybole, Apr. 5th

The Clerk is desired to write Mr. McQuhae to cause his officer cite Wm. Hamilton to compear before this Session against the first Sabbath of May next. Margt. MClure is cited apud acta to compear sd. day.

Maybole, May 4th 1801

Compd. also Wm. Hamilton and Margt. MClure. she being asked if she adheared to her accusation of Wm. Hamilton sd. she did. He being asked if he acknowledged his being the father of her child said he did.

Maybole, July 5th 1801

Wm. Hamilton and Margt. MClure cited to this diet. being called Margt. compeared but Wm. did not. She was rebuked and absolved from the scandal.