Page:Protestant Exiles from France Agnew vol 1.djvu/274

 French congregation in that city. The Town Council Minutes begin in 1573; the first surviving registration of a baptism is dated 3d August 1609, and the first marriage on record, 1st November 1612. The one entry to which I allude is a minute of Town Council, dated 23d February 1628, “Ordanes the dean of gild to aggrie with Dunlope, and to reseave him burges and gild brother, and gif his fyne to Maister Robert Scott for releis of the Frainche ministeris sonnes debt.”

It is remarkable that most families in Scotland who claim Huguenot refugee ancestry descend, if their tradition is well founded, from the earlier refugees. The biographer of Sir James Young Simpson, Bart., M.D., declares confidently that the maternal grandmother of that distinguished Professor belonged to “the Huguenot refugee family of Jarvey.” This surname was originally Jervay, which looks like a corruption of the French Gervais. But the first occurrence of that surname is evidently Scotch. In the Commissariot of Edinburgh, 21st May 1577, Malie Browster, widow, succeeds to her deceased husband, James Jervay, farmer in Holenebuss (i.e., Hollybush), on the estate of Lord Fleming. Apparently in this case, as in two or three others, a modern surname may represent two distinct ancient surnames. There is, however, another point of departure for Scoto-Huguenots brought to light by the industry of old John Pointer, M.A., of Oxford, in his “Chronological History of England”:—

Such an Act may be accounted for by the condition of the Protestants of France at that date. Browning says in his History of the Huguenots:—

“An edict against emigration was issued in 1669; the tyrannical enactments on this subject afford materials for extensive commentary; edict followed edict in rapid succession; and the degree of penalty proceeded in an awful gradation from fine to imprisonment — the galleys — and death. Colbert’s influence was still in favour of the Protestants, and the threatened storm was for a time postponed. But the revocation of the Edict of Nantes was certainly contemplated in 1669.”

The Act of the Scottish Parliament for the Naturalisation of Strangers escaped the notice of Wodrow. It is dated at Edinburgh, December viii,, and is as follows:—

"Our Soverane Lord, out of his innate bounty and royall inclination to favour and protect strangers, and for the incres and promoveing of trade and manufactories, being graciously pleased and willing to give incouragement to strangers to repair to and duell and reside within this kingdome, have therefor thought fit, lykas his Majestie, with advice and consent of his Estates of Parliament, doth heirby statute, ordeane, and declair That all strangers, being of the Protestant religion, either such who haveing estates shall think fit to bring the same to this kingdom to dwell and inhabite within the same, or who shall come to set up new works and manufactories therein, and shall repair to and satle their abode, dwelling, and residence within this kingdome, shall be and are heirby naturalised as native borne subjects of the kingdome of Scotland, and are to enjoy his Majestie’s royall protection, the benefite of the law, and all other priviledges which ane native doeth enjoy, als freelie in all respects as if they themselffs had been borne within the same; and that they shall have libertie and freedome of trade, and freedome to buy and purchese lands, heretages, and other goods moveable and unmoveable, and to enjoy the same be succession, pushes, or donation, or any other way, and to dispose therof and transmit them to their airs and successors who are to succeid therunto; and to enjoy all other liberties, priviledges, and capacities which doeth belong to, and are competent and shall belong to any native subject borne within the kingdome. And further, his Majesty doeth declare that, upon application to be made to him be these strangers, he will grant unto them the frie and publick exercise of their religion in their oune languages, and the libertie of haveing churches within this kingdom. It is alwayes heirby provydit that no person or persons shall have the benefite of this Act wntill first by petition to the Lords of his Majesties Privy Councill, containing ane exact designation of their names, places of their birth and former residence, and that they are of the Protestant religion, it be fund by the Councill that they are qualified according to this Act and ought to have the benefite therof. And it is heirby declared that these presents, with ane extract of the Act of Councill in favors of the saids persons to the effect forsaid, shall be unto them a sufficient naturalization to all intents and purposes; which extract shall be given unto them freelie without payment of any money or composition, save only the fee of nyne pund Scots money to the Clerks of Councill and their servants.”

It does not appear in the Minutes of the Scottish Privy Council that any French Protestants applied for naturalisation. The reason may be that the Town Councils of Royal Burghs could give them permission to reside and trade in towns, and thus