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MISCELLANY XIII
samyn to the tryell of the assyse, quhairupon the perseweris askit
instrumentis.
2. It is allegit aganis the second article of the said dittay, that the samyn is
nawayis relevant becaus it is nocht qualifeit thairin that the pannell
consortit with Irishe Jonet sciens et prudens1 that she was ane witche.
Secundo, quhair it is allegit in the said article that the pannell, with Irishe
Jonet, invocat and raisit the Devill to play the part of the hieland doctor in
maner specifiet thairin: non relevat except it war condiscendit quibus
mediis he was raisit be thame, et quid dictum aut factum ftiit,2 and that
the words of invocation war speciallie denominat and expressat in the
dittay.
[2v.] Tertio, quhair it is allegit in the said article that eftir the devill had
sichtit the patient, and had gevin his opinion of his diseas at his away
cuming, the deid baime in the basing was offerit and sacrifecet to him be
Geillis: that part quhairof is nawayis relevant, becaus it is cleirlie testifeit
be all that wrytis of sorcerie and witchcraft that the devill being raisit,
may for his prize ressave ane quick and na deid offering, and it is
manifest be the dittay that the pannelfs dochtir in law was deliverit lang
befoir hir time of ane deid baime, and that was only ane embryon
quhairwith scho partit, sa that the devill wald ressave na sicc deid
offering, and thairfoir that part of the said article is nawayis relevant.
Nather is it condiscendit upone quo modo3 the said offering was maid.
Last, quhair it is allegit in the said second article that the said Irische
Jonet, being thairefter apprehendit and put in ward within the tolbuth of
Mussilburgh for sorcerie and witchcraft, confessit to the persones
contenit in the said article that the said Geillis gave James Duncane her
son’s baime to the devill with hir awin hands, and that the said Irische
Jonet laid the devill thairefter hir self: that part of the said Irische Jonet
hir deposition is nawayis relevant and sould not be respectit becaus gif
ony deposition or confessioun was maid be the said Irishe Jonet, the
samyn was in carcere extra judicium.4 Nather can hir allegit deposition
work aganis the said Geillis, sho being ane woman quho of the law can
nocht be witnes in ony matter. Like as it is affirmet that the said Irische
Jonet being heivelie torturit in the stokis and imes, [[being]] [[was]] the
said confessioun aganis the pannell was extoirtit out of hir for eschewing
1 deliberately and knowingly
2 what was said and what was done
3 how
4 in extrajudicial confinement

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