Series 5 > Miscellany [of the Scottish History Society] XIII
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MISCELLANY XIII
Ordanis the said article to be deleit inrespect the samyn is nocht insert in
the coppie of hir dittay.
[6v.] 18. It is allegit be the panned aganis the xviii article of hir dittay,
anent the bewitcheing and inchanting be sorcerie and witchecraft of
Thomas Calderwoid, his malt, guids, and geir, taking thairby fra him the
proffeit and tred of making of malt, and anent the declaration maid be
Robert Murray upon his deid bed, etc.: that the said article in the haill
pointis thairof is altogidder irrelevant nocht condiscending thairin quibus
mediis, vel qua forma the said witchcraft was done. And as to the allegit
confessioun or deposition maid be Robert Murray quha is now deid, nihil
operatum,1 except the said deposition buir per expression quhat particular
factis, hurt, or harme was done. Quhilk declaration aucht nawayis to be
respectit, seing it was extra presentiam partis non coram judicem,2 the
deponer nevir being swome nor examinat thairupon in presence of ane
judge, et est cautione testis vincus,3 quha can nocht prove a matter of
fourtie shillings of the law.
Answeris, aucht to be repellit inrespect of the dittay.
Findis the factis sett doun in the said article relevant and remittis the
samyn to the assyse to be tiyit be thame, and repellis that part of the said
article anent the declaration of Robert Murray as nocht relevant,
quhairupon the persewars askit instrumentis.
19. It is allegit be the panned and hir prelocutoris against the ninetene
article of dittay producet aganis hir, anent the cureing of the Laird of
Carberrie his oxen and ky of the lowing ill be sorcerie and witchcraft in
maner set doun in the dittay, etc.: that article is nawayis relevant inrespect
thair is na sorcerie or inchantment particularlie qualifeit thairin, quo
modo vel quibus mediis the samyn was done, bot only be eirding of the
twa oxen quik, quhilk the panned denies to be of veritie.
Answeris, the article stands relevant and sould be referrit to the assyse.
Remittis this xix article to the tried of ane assyse, quhairupon the
persewaris askit instrumentis.
20. It is adegit be the panned and hir prelocutoris against the twentie
article of hir dittay anent hir adegit raising of the devil! within hir
1 it can work nothing.
2 outside the presence of the party (i.e. Geillis) and not before a judge.
3 and is to be treated with caution as a restricted witness, ie. one not competent to testily in
;case.
MISCELLANY XIII
Ordanis the said article to be deleit inrespect the samyn is nocht insert in
the coppie of hir dittay.
[6v.] 18. It is allegit be the panned aganis the xviii article of hir dittay,
anent the bewitcheing and inchanting be sorcerie and witchecraft of
Thomas Calderwoid, his malt, guids, and geir, taking thairby fra him the
proffeit and tred of making of malt, and anent the declaration maid be
Robert Murray upon his deid bed, etc.: that the said article in the haill
pointis thairof is altogidder irrelevant nocht condiscending thairin quibus
mediis, vel qua forma the said witchcraft was done. And as to the allegit
confessioun or deposition maid be Robert Murray quha is now deid, nihil
operatum,1 except the said deposition buir per expression quhat particular
factis, hurt, or harme was done. Quhilk declaration aucht nawayis to be
respectit, seing it was extra presentiam partis non coram judicem,2 the
deponer nevir being swome nor examinat thairupon in presence of ane
judge, et est cautione testis vincus,3 quha can nocht prove a matter of
fourtie shillings of the law.
Answeris, aucht to be repellit inrespect of the dittay.
Findis the factis sett doun in the said article relevant and remittis the
samyn to the assyse to be tiyit be thame, and repellis that part of the said
article anent the declaration of Robert Murray as nocht relevant,
quhairupon the persewars askit instrumentis.
19. It is allegit be the panned and hir prelocutoris against the ninetene
article of dittay producet aganis hir, anent the cureing of the Laird of
Carberrie his oxen and ky of the lowing ill be sorcerie and witchcraft in
maner set doun in the dittay, etc.: that article is nawayis relevant inrespect
thair is na sorcerie or inchantment particularlie qualifeit thairin, quo
modo vel quibus mediis the samyn was done, bot only be eirding of the
twa oxen quik, quhilk the panned denies to be of veritie.
Answeris, the article stands relevant and sould be referrit to the assyse.
Remittis this xix article to the tried of ane assyse, quhairupon the
persewaris askit instrumentis.
20. It is adegit be the panned and hir prelocutoris against the twentie
article of hir dittay anent hir adegit raising of the devil! within hir
1 it can work nothing.
2 outside the presence of the party (i.e. Geillis) and not before a judge.
3 and is to be treated with caution as a restricted witness, ie. one not competent to testily in
;case.
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| Scottish History Society volumes > Series 5 > Miscellany [of the Scottish History Society] XIII > (137) Page 122 |
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| Permanent URL | https://digital.nls.uk/127315173 |
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| Description | Edinburgh: Printed for the Scottish History Society by Lothian Print, 2004. Scottish History Society ; 5th ser., v. 14. Contents: Eight thirteenth-century texts / edited by W.W. Scott -- Dunfermline gild court book, 1433-1597: missing folios / edited by E. Patricia Dennison -- A memorandum on the customs, 1597 / edited by Athol L. Murray -- The trial of Geillis Johnstone for witchcraft, 1614 / edited by Michael B. Wasser & Louise A. Yeoman -- An early seventeenth-century Scottish conversion narrative / edited by David G. Mullan -- Fiscal Feudalism in seventeenth-century Scotland / edited by Julian M. Goodare -- Witchcraft cases from the register of commissioners of the privy council of Scotland, 1630-1642 / edited by Louise A. Yeoman -- John Hay, earl of Tweeddale, 'Relatione of the wrangs done to the Ladie Yester, 1683' / edited by Maurice Lee, Jr -- Colin Maclaurin's Journal of the 'Forty-five / edited by Bruce A. Hedman. |
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| Shelfmark | SCS.SHS.173 |
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| Description | Over 180 volumes, published by the Scottish History Society, containing original sources on Scotland's history and people. With a wide range of subjects, the books collectively cover all periods from the 12th to 20th centuries, and reflect changing trends in Scottish history. Sources are accompanied by scholarly interpretation, references and bibliographies. Volumes are usually published annually, and more digitised volumes will be added as they become available. |
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