Page:Dictionary of National Biography volume 44.djvu/47

  [Kay's Edinburgh Portraits; Notes and Queries, 2nd ser. x. 249, 509; Gent. Mag., 1807 ii. 977, 1809 i. 348, 1812 i. 440; Archibald Constable and his Correspondents.]  PATON, JAMES (d. 1596), bishop of Dunkeld, descended from the family of Ballilisk, Kinross-shire, was ordained minister of the parish of Muckart, Kinross-shire, in 1567. He purchased from the family of Douglas the small farm of Muchartmill, which the Earl of Argyll is said to have persuaded him to convey to him in return for the appointment to the bishopric of Dunkeld, Paton also promising to give to the earl a certain share of the tithes (, Scottish Bishops, ed. Russel, p. 204). Paton succeeded Robert Crichton, who had joined the queen's party. It was Crichton, and not Paton, who, after the capture of the castle of Edinburgh in 1573, was confined for some time in prison. Paton's letter of appointment to the bishopric was dated 16 Feb. 1572, and the letter of his consecration 25 July 1572. On 27 April 1573 he took an election oath to King James as the only true and lawful sovereign (Reg. P. C. Scotl. ii. 223–4). At a meeting of the general assembly on 26 Aug. he was delated for receiving the name and not exercising the office of a bishop within the bounds; for not proceeding against papists, and chiefly the Earl of Atholl and divers others within his bounds; for a simoniacal paction between him and the Earl of Argyll touching the bishopric, and for voting in parliament against the Act of Divorcement (, History, iii. 288). He confessed his oversight in not executing sentence of excommunication against Atholl and his wife, and was commanded to confess his fault publicly in the cathedral of Dunkeld on a Lord's day, in time of service (ib. p. 303). He first sat as a member of the privy council 8 March 1574–5. At a session of the assembly in August 1574 he promised to pronounce sentence of excommunication against John, earl of Atholl, within forty days; nevertheless, at the meeting of the assembly in August 1575, the complaints against him were renewed, and a committee was appointed to reason with him (ib. pp. 347–8). Finally, in April 1576, the assembly decreed that, having been found guilty of simony, he should be deprived of his office, against which decision Paton appealed to the lords of parliament (ib. p. 360). Decrees were further passed against him in 1580 (ib. p. 465) and 1582 (ib. p. 681), but he continued to defy them. On 9 Feb. 1580–1 the privy council decreed that ‘as he had no function or charge in the Reformed Kirk of this realm,’ and was thus less worthy to enjoy the patrimony of the bishopric, he should be required to provide out of it for the relief of his predecessor (Reg. P. C. Scotl. iii. 356–8). He was succeeded in the bishopric by Peter Rollock [q. v.] He died 20 July 1596, and was buried at Muckart, where there is a tombstone to him with the following inscription: ‘Jacobus Paton de Middle Ballilisk quondam episcopus de Dunkeld, qui obiit 20 Julii 1596.’ He had a son Archibald, to whom the king made a gift, 20 May 1574, of the altarage of St. Peter in Dunkeld for seven years, to enable him to study grammar in the school of Dunkeld.

[Keith's Scottish Bishops; Scot's Fasti Eccles. Scot. ii. 776, 837; Melville's Diary (Bannatyne Club and Wodrow Society); Calderwood's and Spotiswood's Histories; Reg. Privy Council Scotl. vols. ii. iii.]  PATON, JAMES (d. 1684), covenanter, was born at Meadowbank in the parish of Fenwick, Ayrshire, where his father had a farm. Until near manhood he was employed in agricultural pursuits. According to one account he went as a volunteer to Germany, and served with such distinction in the wars of Gustavus Adolphus that he was raised to the rank of captain. According to another, he was present with the Scots army at Marston Moor. With the rank of captain, he fought with great gallantry against Montrose at Kilsyth, 15 Aug. 1645, and escaped uninjured during the flight. After the defeat of Montrose at Philiphaugh on 13 Sept. he returned home to Fenwick. He took part with the people of Fenwick in opposing General Middleton in 1648. With other Scottish covenanters he, however, supported the king against Cromwell in 1650 and, accompanying him in 1651 into England, fought for him at the battle of Worcester on 3 Sept. After the Restoration he fought, in command of a party of covenanting cavalry, on 28 Sept. 1666, at Rullion Green, where he had a personal encounter with Sir Thomas Dalyell [q. v.] He was also at the battle of Bothwell Bridge 22 June 1679. He was excepted out of the indemnities passed after both battles, but succeeded in lurking safely in various hiding places, until in 1684 he was taken in the house of a covenanter, Robert Howie. Dalyell on meeting him is said to have stated that he was both glad and sorry for him. The fact that he had fought for the king at Worcester atoned in Dalyell's eyes for much that was unjustifiable in his subsequent behaviour. He severely rebuked an insult that was offered him, and is supposed to have exerted special influence to procure his pardon. Lauder of Fountainhall mentions that Paton ‘carried himself very discreetly before