ordered the Crown lawyers, with all diligence, to 1716 prepare indictments against all Episcopal ministers w guilty of this offence. The prisoners were accordingly served with an indictment, setting forth, that a statute of Queen Anne was enacted for preventing disturbance to those of the Episcopal communion in Scotland: that this statute specially provided, that no person should presume to officiate as a pastor in such congregation, without having previously lodged with the justices of peace letters of orders from a Protestant Bishop; and without also praying in express words, some time during the service, for her most sacred Ma 'jesty Queen Anne, and the most excellent Princess Sophia, Electress and Duchess Dowager of Hanover, while living:'* That notwithstanding the demise of the late Queen, these clauses remained perpetual conditions; and that by an order of the Regency, August 1st, 1714, the clergy were required to pray in express words for his most sacred Majesty King George:' that nevertheless the prisoners had presumed to celebrate the Episcopal worship without letters of orders, which was contrary to the establish+ ment of the Church of Scotland, as settled by act of Parliament, and ratified by the Union; and that they had also neglected to pray for King George: for which transgressions the prisoners ought to be punished in terms of the act. Informations were lodged for both parties; but, as the arguments for the prisoners were over-ruled, most of them to save trouble to the Court confessed * Statute 10th Anne, cap. 7. 1716 both charges. The whole of the prisoners except one who had produced letters of orders from an exauctorated* Scottish Bishop, were debarred from preaching till they should produce letters of orders in terms of the act; and twenty-one of them were fined £20 Sterling each, half to the informer, and half to the poor of the parish; a sentence palpably illegal; for, as this penal statute annexed the penalty of £20 to the not praying for Queen Anne, while living, it was repugnant to every rule of law, to every principle of liberty, to extend the penalty to the not praying for King George after she was dead. As the Court had omitted to grant letters of horning, this Majesty's Advocate, about six months af ter, prayed the Court for letters of horning, seeing no informer would apply; and they were granted accordingly for £10 against each of these persons, to be paid to his Lordship as informer. About the same time, a petition was presented to the Court by the magistrates of Edinburgh, setting forth, that their Lordships, by their sentence of the 28th of June, had commanded all sheriffs and magistrates of boroughs to prevent those clergymen from officiating within their districts; that however they had now produced their orders, which were registered * An objection was stated before the magistrates of Edinburgh, to the letters of orders of Mr. Greenshiels, as granted by an exauctorated Bishop. The objection was sustained by the magi strates, and afterwards by the Lords of Session; but the decree was reversed on appeal. Journal of the House of Lords, March 1, 1710. A form of the law of Scotland, necessary for distraining the person and goods of a debtor. as the statute directs; that the Lord Advocate had 1716 delivered a message to the magistrates from his Royal Highness the Regent, signifying his opinion that they had been remiss in executing the sentence of Justiciary, and his expectation that they would pay more zealous attention to carry it into execution: and the magistrates being at a loss how to proceed, in respect of the letters of orders being produced, craved the directions of the Court. Their Lordships returned an answer to the petition of the magistrates, dark and equivocal as the Sybilline Oracles, importing that the process was ended; that they could not alter their own sentence, and the said Lords look⚫ed on the said sentence as containing a full warrant for the execution of the same.'-I apprehend that the Lords of Justiciary and the magistrates of Edinburgh had reciprocally endeavoured to devolve on each other the odium of the people for executing of the sentence, or the indignation of the Prince for not executing of it. It appears that the shutting up of meeting-houses was by no means rigorously enforced; for I find several of those very clergymen within a few months again convicted for the same offence. Indeed, the criminal records, for some years after this, are in a manner engrossed with prosecutions against Episcopal Nonjurors. 1588 OF WITCHCRAFT. prac WITCHCRAFT first made it appearance in our Alison Pearson. Alison Pearson in Byre-hills, Fifeshire,t was convicted of practising sorcery, and of invoking the devil. She confessed that she had associated with the Queen of the Fairies for many years, and that she had friends in the Court of Elfland, who were of her own blood. She said that William Simpson, late the King's smith, was, in the eighth year of his age, * Mary, Parl. 9. c. 73. A. D. 1563. In the original it is Queen of Elfiand. carried off by an Egyptian to Egypt, where he re- 1588 mained twelve years; and that this Egyptian was a giant: that the devil appeared to her in the form of this William Simpson, who was a great scholar, and a doctor of medicine, who cured her diseases: that he has appeared to her, accompanied with many men and women, who made merry with bagpipes, good cheer, and wine: that the good neighbours* attended, and prepared their charms in pans over the fire; that the herbs of which they composed their charms, were gathered before sunrise; and that with these they cured the Bishop of St. Andrews of a fever and flux. She underwent all the legal forms customary in cases of witchcraft, i. e. she was convicted and condemned, strangled and burned. Janet Grant and Janet Clark. 1590 Janet Grant and Janet Clarkt were convicted of bewitching several persons to death, of taking away und the privy members from some folks, and bestowing them on others, and of raising the devil. John Cunninghame. It was proved against John Cunninghame, that the devil appeared to him in white raiment, and promised, that, if he would become his servant, he should never want, and should be revenged of all his enemies: that he was carried in an ecstacy to the kirk * Good Neighbours was a term for witches. People were afraid to speak of them opprobriously, lest they should provoke their resentment. + Records cf Justiciary, 7th August, 1590. Ibid. 26th December, 1590. |