Cossar’s Wynd, previously Crow’s Wynd

While researching Robert Cossar of the Saint George Hotel (see previous post), I came across the following passage in Historic Dunbar: Historic Closes & Wynds by local historian Roy Pugh.

“We next encounter Cossar’s Wynd adjacent to Bowe Sports & Leisure at no. 67 High Street. The wynd or small street was once known as Crow’s Wynd, named for the proprietor of the St George Hotel; the wynd was mentioned in a case of rape in 1744, in the Parish Kirk Session Minutes.  By 1837, the hotel was owned by a Robert Cossar who by 1867 was operating a postal service, the hotel having long been a stop for mail and passenger coaches plying between London and Edinburgh.“

10 June 1744 Jannet Spiers accuses Captain James Hay of Rape in Crow’s Wynd

Once the Kirk Session minutes became available on ScotlandsPeople I looked for any entries pertaining the incident. I was surprised to see that the accused was Capt. James Hay Br (brother) to Mr John Hay of Belton as I had been looking into that very family.

“Dunbar 11 June 1744.
After prayers sederunt (a list of people present) Moderator and Elders.
Janet Spiers being called compeared owned herself to
be with child, and declared that Captain James Hay brother
to Mr John Hay of Belton is the father of it & that it
was begot by him about one o’clock in the morning on the
fourth day December last at the foot of Crow’s Wynd
where he threw her down & was guilty with her being
sent by her master to light him up the Town to his
quarters. Owned she had never acquainted Captain Hay
of her being with Child. The session appointed the Moderator
to acquaint Captain Hay of this Charge.“

5th July 1744 Jannet Spiers changes her story and Captain Hay admits “being Guilty with her in the Stable“

“July 5th 1744
After prayers, sederunt The Minister & Town Elders with
James Young.
The Minister represented that he had at
Captain Hay’s desire, called this meeting, he being in Town &
willing to appear before The Session. in order to answer the
Charge laid against him by Jannet Spiers & that the Said
woman is cited to attend.
Compeared Captain James Hay, and the charge laid against
him by Jannet Spiers being read to him, He denied the whole
Charges, declared that he never offered Violence to that
Woman at any time upon the Street and as to that night,
she condescends upon he affirms that Baillie John Pollock
Mr Castellaw & Clerk Higgins conveyed him from the said
Clerk Higgins House to his Quarters the whole way and that
Clerk Higgins went up Stairs to his Room and saw him to bed
in Mr Castellaw’s House.
Being asked if ever he had carnal dealings with that woman
answered to that question as it is not founded in the Charge.
The woman being cited to this session was called to hear what
Captain Hay had offered in his own Vindication, She compeared
and being seriously exhorted to be ingenuous, she in presence
of Captain Hay adhered to her former Confession affirming ___
___ He was the father of her Child: only said that it was… “
(continued on next page).

(continued from previous page)
“…not at the foot of Crow’s Wynd that the Captain took an opportunity
at her, but at about the middle of that vennel leading from Mr
Higgin’s House to Master Sibbald’s and that long before
that night the Captain had dealings with her in the Stable.
The woman being removed, Captain Hay was asked if he owned
his being Guilty with her in the Stable to which he answered
he could not deny it, but it must have been at least three
months before the time she alleges his being last
guilty with her when she says the Child was begot.
He being removed, and the woman again called, the Moderator
seriously exhorted her to declare the Truth and give up the
true father of her child if she had been guilty with any
other than Captain Hay, she positively refuted her being guilty with
any other and affirmed that none but he was the father of
her Child. She being removed, and the session taking this
affair under consideration, found that she gas remarkably varied
as to the circumstances of her Charge against Captain Hay, &
that the affair seems to be intoicale (?) & difficult for them to
judge in, they therefore did & hereby do refer it ___ ___
to the Determination of the Reverend Presbytery, and
order and order an extract of the whole Process to be laid before
them at their next meeting Wednesday first.“

11 July 1744 Meeting of Dunbar Presbytery

“Dunbar, 11th July, 1744
The Presbytery being constitute by Prayer, sederunt
Mr William Orr, Moderator, Messrs. Alexander
Pyot, David Smith, George Home, John Clunie &
John Lundie, Ministers. Mr William Gilloch
ruling Elder. Absent, Messrs Henry Shaw, John
Hamilton, George Buchanan & Matthew Reid.
………
A reference from the Kirk Session of Dunbar
was produced and read concerning Jannet Speirs guilty of
Fornication according to her own confession shewing (showing)
that the said Jannet alledges that Captain James Hay
is the Father of her Child and that the said Captain Hay
acknowledges guilt with her but not at the time condescended
upon by her. She being summoned to this Diet was called
& compeared & adhered to her former confession.
The Presbytery considering the Affair without determining
the Point as who is the Father of her Child as not competent
to them, order them both to be censured according to the
Rules of the Church and their confessed guilt and the
woman being present at suitably exhorted was ordered to
obey the Order of the Kirk Session of Dunbar as to
the time of her appearing before the Congregation.“

5th August 1744 Captain James Hay and Jannet Spiers to compear before the Congregation

The Minister reported the decision of the Presbytery to Dunbar Kirk Session on 5th August.

“”Dunbar August 5th
After prayers, Sederunt Minister & Elders
…….
The Minister reported that the Presbytery had ordered
the Session to call Captain James Hay to remove the
Scandal according to his Confession and also to order Jannet
Spiers to compear before the Congregation but not to absolve
her because of her prevarication.
The Moderator is to acquaint Captain Hay of this.“

Pronunciation of the thorn

Note the use in the minutes of the archaic letter Þ or Thorn, which looks similar to a y, in words such as Þe. This is often transcribed as “ye” but as Þ is an old form of “th” it should really be transcribed as “the“.

Who Was Jannet Spiers?

Although Jannet Spiers has not been identified, it seems possible that she may have been the Janet who was baptised on 30th May 1725 in Dunbar parish or the Janet who was baptised on 19th April 1724 in Innerwick parish.

Who Was Captain James Hay?

As citied in the Dunbar Kirk Session minutes, Captain James Hay was the younger brother of John Hay, Baron of Belton. He was baptised on 31 July 1710 in Dunbar, being the son of Lord David Hay, Baron of Belton and his wife Rachel Hayes.

Captain Hay rose to the rank of Major and remained single until 19 June 1780 when he was almost 70. He married his cousin Dorothea Hay and went on to have five children with her, two of whom went on to inherit the Barony of Belton.

Captain Hay’s paternal grandparents were John Hay, first Marquis of Tweeddale and his wife Lady Jane Scott. His paternal grandmother Lady Jane Scott was a descendant of King James II of Scots and therefore if the child of Jannet Spiers was indeed his, they could count the early Stewart Kings and Robert the Bruce amongst their ancestors!