South Leith Kirk Session Minutes 1640. 2 separate vols cover same period. Why ?

[mattfrombann]

While investigating a love triangle in South Leith 1639/1640 (of which a separate post later) I was bemused to discover that CH2/716/1 and CH2/716/4 (Scotland's People) both contain entries for the period Feb/March 1640 with the parties of interest mentioned in both. This ostensibly indicates the session meeting several times over one week with different records for each. This caused a certain amount of sighing trying to fit the story together and puzzlement as to why the separate records? FYI:-
CH2/716/1 Image 59 shows John Bankhead and Agnes Clarke and their fornication 8/15th March 1640
CH2/716/4 Images 14 and 16  of 20/27th Feb 1640 show the same couple and John's eventual wife Helen Cowie and a story of disputed parenthood with tangled relationships.

Bemused

Matt

[Alb R]

Loooking at the NRS catalogue, it shows CH2/716/1 as 'Minutes and discipline' while CH2/716/4 is simply 'Minutes'.
Maybe they preferred to separate matters into a different register (minutes and discipline) once the people had been found to have done something wrong and were to face some kind of punishment. But until the facts had been established and they had been found guilty the people would be discussed in the normal kirk session minute books. Does this sound like it fits the way the entries switch from one register to another?

[mattfrombann]

Well it's an interesting story. It starts with CH2/716/4 (Image 14) of Feb 20th 1640. This is what I think it says;-

Agnes Clarke compered with child to John Bankhed he compered and confessed fornication with her but denied the child to the woman  Declared their time of copulation (?) was in August 1639 and that it was born in Feb of said year and the woman was ordained to bring her penaltie and the man continued Helen Cowie to be warned who is said to be with child to him also and he Bankhead is ordained to ? caution of him (?) for satisfaction.

One week later (Image 16)

John Bankhead and Helen Cowie appeared and also Agnes clark both with child to him he being to marry Helen Cowies and session caused him pay being but poor £6 (?) to enterr his ? continued repentance on ? day next and the woman continued named Agnes Clark ? they to bring caution to performed marriage and ? her certain bond for their marriage for to ? then satisfy the church

Would be greatful for accurate transcription(s) as some of the writing defies my ability

Then onto March and CH2/416/1 Image 59

8th John Bankhed  was ? for his fornication with Agnes Clark
15th Agnes clark for....... John Bankhed

Then onto the actual marriage register

On 24th March the marriage of John Bankhead and Agnes Clark is recorded but subsequently crossed out. Hmmm

On 19th June John Bankhed marries Helen Cowie.
They had a daughter Elizabeth baptised 18th April 1644. I can find no baptismal entry for a child of Agnes Clark or any other children of John B and Helen C. Also unclear if "with child " means "pregnant" or whether it could also be "with a child" as one entry seems to indicate.

All suggestions welcome

Matt