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

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MISCELLANY XIII
knawis nathing thairof. Being demandit gif he was seik at that tyme
quhan his guidsister James Duncane his wyfe pairtit with the baime, and
how he was curet of that diseas, declairis he was seik a sex dayis of befoir
and convalessit, hot was nocht chairmet nor curet be witchcraft or ony
uther unlaufiill meane,1 ather be his mother or ony uther to his knawlege
as he sail answer to God.
6. Mr Patrik Hendersoun, reider in Edinburgh, suome and examinat,
demandit quhat he knawis of Geillis Johnestoun concerning the
conference had be hir with Irishe Jonet for cureing of hir sone James
Duncane of his seiknes be witchcraft, and of the raiseing of the devill in
forme of ane hieland [[doth]] doctor and offering to him of the infant
baime, and charmeing of hir sone Robert Duncane of his seiknes, and
remanent crymes contenit in the secund article of hir dittay, depones
upone his grit aith that he knawis nathing of the said Geillis bot be a
cowmoun repoirte.
7. Sir James Richardsoun of Smetoun,2 swome, demandit quhat he
knawis of the fact set doun in the secund article of the said Geillis’s dittay
or of ony uther fact of witchcraft quhairof sho is accuset, depones he
knawis nathing thairof.
[llv.] 8. Gavin Duncane, suome and examinat, being demandit gif his
mother Geillis Johnestoun or ony uther hes delt with him to conceill the
verritie of the fact set doun in the fourt article of hir dittay, declairis as he
sail answer to God, na persone delt with him in that matter, ather to
conceill or reveill the samyn. Being demandit gif be his mother’s
directioun he past at the tyme contenit in the said fourt article to the
tolbuth of Mussilburgh, Irish Jonet being than wairdit thairuntill, and pat
his finger in the lok of the tolbuth dur, and at his returning hame to his
mother gif he found the said Irishe Jonet in the hous with hir, and gif he
had declairit and confessit this to ony persone to be of verritie, depones as
he sail answer to God, he nevir ressavit any sic directiounis of his mother.
1 That Robert Duncan was testifying on this point shows to what extent Scottish criminal
trials could be inconsistent, even with such legal luminaries as Dunfermline on the
bench, for this part of the second article had been declared irrelevant by the judges and
assessors—the jury should not have considered it, and there was no need for Robert to
testify on it. See above, p. 115.
2 Smetoun was one of the bailie deputes of the regality, and was sitting on the bench
during this trial. It is very interesting to find a man acting as a witness in a trial in which
he was also a judge.