Series 5 > Miscellany [of the Scottish History Society] XIII

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MISCELLANY XIII
quhairupoun his depositioun is soucht, is committit aganis him self, and
as he could nocht pas upoun the assyse in caice he had bene callit, na
mair can he be admittit witness to geve any declaratioun thairin, the fact
being allegit done aganis him selff, the veritie of the quhilk is sufficientlie
knawin to the assyse.
Answeris, aucht to be admittit nochtwithstanding of the allegeance.
Repellis the said Isaac Runcieman as witness.
Admittis the said Gavin Duncane, the gudman of Carberrie, Robert
Dykis, and Richerd Bennet, of consent of partie, as witnessis.
The [[persewaris]] pannell protestis that the witnessis’s depositiouns in
this matter may be tane judiciallie in presence of the lordis, partie, and
assysoris to the effect the treuth of the pannelPs giltines or innocencie of
the crymes lybillit may be knawin the better.
[[The lordis ordaneis the saidis witnessis to be examinat judiciallie in
thair presence [[befoir the]] and in presence of the assyse befoir thai be
incloset.]]
[lOv] The depositiones of the witnessis following, tane up judiciallie in
presence of the lordis, the assysoris, and parteis, asweill persewaris as
defendaris, befoir the assyse war incloiset.1
1. David Baimefather, being swome and demandit2 gif he was servand to
Geillis Johnestoun, confessis that he was hir servand a fyve yeir syne or
thairby. Demandit gif he hes ressavit ony informatioun of hir, or of ony
of hir freindis, to depone in this matter to hir behaif, or hes ressavit ane
new stand of cloithes and ane cloik of gray or ony uther guid deid for that
effect, declaris as he sail answer to God he ressavit na sic
acknowledgement or guid deid or promeis of guid deid. Nather yit
confereit he with the said Geillis or ony uther in hir name upone sic
matter, or was travellit with be ony thairuntill. Being demandit gif he left
his service and come away [[with]] fra the said Geillis against hir will or
nocht, or gif the tyme of his service with hir he persavit hir to be ane
witche or ane hanter with witches, and gif the diseis set doun in the first
1 Although it is not recorded here, Sir Thomas Hope states that this procedure was
followed despite an allegation (presumably on the part of the pursuers) that the witnesses
should be examined outside of the presence of the ‘partie’ (presumably meaning the
accused). Hope, Major Practicks, ii, 306.
2 Who was asking the questions is never specified, but it was probably Dunfermline and