by Walter Scott
It would be disgusting to follow the numerous cases in which the same uniform credulity, the same extorted confessions, the same prejudiced and exaggerated evidence, concluded in the same tragedy at the stake and the pile. The alterations and trenching which lately took place for the purpose of improving the Castlehill of Edinburgh displayed the ashes of the numbers who had perished in this manner, of whom a large proportion must have been executed between 1590, when the great discovery was made concerning Euphane MacCalzean and the Wise Wife of Keith and their accomplices, and the union of the crowns.
Nor did King James's removal to England soften this horrible persecution. In Sir Thomas Hamilton's Minutes of Proceedings in the Privy Council, there occurs a singular entry, evincing plainly that the Earl of Mar, and others of James's Council, were becoming fully sensible of the desperate iniquity and inhumanity of these proceedings. I have modernized the spelling that this appalling record may be legible to all my readers.
"1608, December 1. The Earl of Mar declared to the Council that some women were taken in Broughton as witches, and being put to an assize and convicted, albeit they persevered constant in their denial to the end, yet they were burned quick [alive] after such a cruel manner that some of them died in despair, renouncing and blaspheming [God]; and others, half burned, brak out of the fire,[78] and were cast quick in it again, till they were burned to the death."
This singular document shows that even in the reign of James, so soon as his own august person was removed from Edinburgh, his dutiful Privy Council began to think that they had supt full with horrors, and were satiated with the excess of cruelty which dashed half-consumed wretches back into the flames from which they were striving to escape.
But the picture, however much it may have been disgusting and terrifying to the Council at the time, and though the intention of the entry upon the records was obviously for the purpose of preventing such horrid cruelties in future, had no lasting effect on the course of justice, as the severities against witches were most unhappily still considered necessary. Through the whole of the sixteenth, and the greater part of the seventeenth century, little abatement in the persecution of this metaphysical crime of witchcraft can be traced in the kingdom. Even while the Independents held the reins of government, Cromwell himself, and his major-generals and substitutes, were obliged to please the common people of Scotland by abandoning the victims accused of witchcraft to the power of the law, though the journals of the time express the horror and disgust with which the English sectarians beheld a practice so inconsistent with their own humane principle of universal toleration.
Instead of plunging into a history of these events which, generally speaking, are in detail as monotonous as they are melancholy, it may amuse the reader to confine the narrative to a single trial, having in the course of it some peculiar and romantic events. It is the tale of a sailor's wife, more tragic in its event than that of the chestnut-muncher in Macbeth.[79]
Margaret Barclay, wife of Archibald Dein, burgess of Irvine, had been slandered by her sister-in-law, Janet Lyal, the spouse of John Dein, brother of Archibald, and by John Dein himself, as guilty of some act of theft. Upon this provocation Margaret Barclay raised an action of slander before the church court, which prosecution, after some procedure, the kirk-session discharged by directing a reconciliation between the parties. Nevertheless, although the two women shook hands before the court, yet the said Margaret Barclay declared that she gave her hand only in obedience to the kirk-session, but that she still retained her hatred and ill-will against John Dein and his wife, Janet Lyal. About this time the bark of John Dein was about to sail for France, and Andrew Train, or Tran, provost of the burgh of Irvine, who was an owner of the vessel, went with him to superintend the commercial part of the voyage. Two other merchants of some consequence went in the same vessel, with a sufficient number of mariners. Margaret Barclay, the revengeful person already mentioned, was heard to imprecate curses upon the provost's argosy, praying to God that sea nor salt-water might never bear the ship, and that partans (crabs) might eat the crew at the bottom of the sea.
When, under these auspices, the ship was absent on her voyage, a vagabond fellow, named John Stewart, pretending to have knowledge of jugglery, and to possess the power of a spaeman, came to the residence of Tran, the provost, and dropped explicit hints that the ship was lost, and that the good woman of the house was a widow. The sad truth was afterwards learned on more certain information. Two of the seamen, after a space of doubt and anxiety, arrived, with the melancholy tidings that the bark, of which John Dein was skipper and Provost Tran part owner, had been wrecked on the coast of England, near Padstow, when all on board had been lost, except the two sailors who brought the notice. Suspicion of sorcery, in those days easily awakened, was fixed on Margaret Barclay, who had imprecated curses on the ship, and on John Stewart, the juggler, who had seemed to know of the evil fate of the voyage before he could have become acquainted with it by natural means.
Stewart, who was first apprehended, acknowledged that Margaret Barclay, the other suspected person, had applied to him to teach her some magic arts, "in order that she might get gear, kye's milk, love of man, her heart's desire on such persons as had done her wrong, and, finally, that she might obtain the fruit of sea and land." Stewart declared that he denied to Margaret that he possessed the said arts himself, or had the power of communicating them. So far was well; but, true or false, he added a string of circumstances, whether voluntarily declared or extracted by torture, which tended to fix the cause of the loss of the bark on Margaret Barclay. He had come, he said, to this woman's house in Irvine, shortly after the ship set sail from harbour. He went to Margaret's house by night, and found her engaged, with other two women, in making clay figures; one of the figures was made handsome, with fair hair, supposed to represent Provost Tran. They then proceeded to mould a figure of a ship in clay, and during this labour the devil appeared to the company in the shape of a handsome black lap-dog, such as ladies use to keep.[80] He added that the whole party left the house together, and went into an empty waste-house nearer the seaport, which house he pointed out to the city magistrates. From this house they went to the sea-side, followed by the black lap-dog aforesaid, and cast in the figures of clay representing the ship and the men; after which the sea raged, roared, and became red like the juice of madder in a dyer's cauldron.
This confession having been extorted from the unfortunate juggler, the female acquaintances of Margaret Barclay were next convened, that he might point out her associates in forming the charm, when he pitched upon a woman called Isobel Insh, or Taylor, who resolutely denied having ever seen him before. She was imprisoned, however, in the belfry of the church. An addition to the evidence against the poor old woman Insh was then procured from her own daughter, Margaret Tailzeour, a child of eight years old, who lived as servant with Margaret Barclay, the person principally accused. This child, who was keeper of a baby belonging to Margaret Barclay, either from terror or the innate love of falsehood which we have observed as proper to childhood, declared that she was present when the fatal models of clay were formed, and that, in plunging them in the sea, Margaret Barclay her mistress, and her mother Isobel Insh, were assisted by another woman, and a girl of fourteen years old, who dwelt at the town-head. Legally considered, the evidence of this child was contradictory and inconsistent with the confession of the juggler, for it assigned other particulars and dramatis personæ in many respects different. But all was accounted sufficiently regular, especially since the girl failed not to swear to the presence of the black dog, to whose appearance she also added the additional terrors of that of a black man. The dog also, according to her account, emitted flashes from its jaws and nostrils to illuminate the witches during the performance of the spell. The child maintained this story even to her mother's face, only alleging that Isobel Insh remained behind in the waste-house, and was not present when the images were put into the sea. For her own countenance and presence on the occas
ion, and to ensure her secrecy, her mistress promised her a pair of new shoes.
John Stewart, being re-examined and confronted with the child, was easily compelled to allow that the "little smatchet" was there, and to give that marvellous account of his correspondence with Elfland which we have noticed elsewhere.
The conspiracy thus far, as they conceived, disclosed, the magistrates and ministers wrought hard with Isobel Insh to prevail upon her to tell the truth; and she at length acknowledged her presence at the time when the models of the ship and mariners were destroyed, but endeavoured so to modify her declaration as to deny all personal accession to the guilt. This poor creature almost admitted the supernatural powers imputed to her, promising Bailie Dunlop (also a mariner), by whom she was imprisoned, that, if he would dismiss her, he should never make a bad voyage, but have success in all his dealings by sea and land. She was finally brought to promise that she would fully confess the whole that she knew of the affair on the morrow.
But finding herself in so hard a strait, the unfortunate woman made use of the darkness to attempt an escape. With this view she got out by a back window of the belfry, although, says the report, there were "iron bolts, locks, and fetters on her," and attained the roof of the church, where, losing her footing, she sustained a severe fall and was greatly bruised. Being apprehended, Bailie Dunlop again urged her to confess; but the poor woman was determined to appeal to a more merciful tribunal, and maintained her innocence to the last minute of her life, denying all that she had formerly admitted, and dying five days after her fall from the roof of the church. The inhabitants of Irvine attributed her death to poison.
The scene began to thicken, for a commission was granted for the trial of the two remaining persons accused, namely, Stewart, the juggler, and Margaret Barclay. The day of trial being arrived, the following singular events took place, which we give as stated in the record:—
"My Lord and Earl of Eglintoune (who dwells within the space of one mile to the said burgh) having come to the said burgh at the earnest request of the said justices, for giving to them of his lordship's countenance, concurrence and assistance, in trying of the foresaid devilish practices, conform to the tenor of the foresaid commission, the said John Stewart, for his better preserving to the day of the assize, was put in a sure lockfast booth, where no manner of person might have access to him till the downsitting of the Justice Court, and for avoiding of putting violent hands on himself, he was very strictly guarded and fettered by the arms, as use is. And upon that same day of the assize, about half an hour before the downsitting of the Justice Court, Mr. David Dickson, minister at Irvine, and Mr. George Dunbar, minister of Air, having gone to him to exhort him to call on his God for mercy for his bygone wicked and evil life, and that God would of his infinite mercy loose him out of the bonds of the devil, whom he had served these many years bygone, he acquiesced in their prayer and godly exhortation, and uttered these words:—"I am so straitly guarded that it lies not in my power to get my hand to take off my bonnet, nor to get bread to my mouth." And immediately after the departing of the two ministers from him, the juggler being sent for at the desire of my Lord of Eglintoune, to be confronted with a woman of the burgh of Air, called Janet Bous, who was apprehended by the magistrates of the burgh of Air for witchcraft, and sent to the burgh of Irvine purposely for that affair, he was found by the burgh officers who went about him, strangled and hanged by the cruik of the door, with a tait of hemp, or a string made of hemp, supposed to have been his garter, or string of his bonnet, not above the length of two span long, his knees not being from the ground half a span, and was brought out of the house, his life not being totally expelled. But notwithstanding of whatsoever means used in the contrary for remeid of his life, he revived not, but so ended his life miserably, by the help of the devil his master.
"And because there was then only in life the said Margaret Barclay, and that the persons summoned to pass upon her assize and upon the assize of the juggler who, by the help of the devil his master, had put violent hands on himself, were all present within the said burgh; therefore, and for eschewing of the like in the person of the said Margaret, our sovereign lord's justices in that part particularly above-named, constituted by commission after solemn deliberation and advice of the said noble lord, whose concurrence and advice was chiefly required and taken in this matter, concluded with all possible diligence before the downsitting of the Justice Court to put the said Margaret in torture; in respect the devil, by God's permission, had made her associates who were the lights of the cause, to be their own burrioes (slayers). They used the torture underwritten as being most safe and gentle (as the said noble lord assured the said justices), by putting of her two bare legs in a pair of stocks, and thereafter by onlaying of certain iron gauds (bars) severally one by one, and then eiking and augmenting the weight by laying on more gauds, and in easing of her by offtaking of the iron gauds one or more as occasion offered, which iron gauds were but little short gauds, and broke not the skin of her legs, &c.
"After using of the which kind of gentle torture, the said Margaret began, according to the increase of the pain, to cry and crave for God's cause to take off her shins the foresaid irons, and she should declare truly the whole matter. Which being removed, she began at her former denial; and being of new essayed in torture as of befoir, she then uttered these words: 'Take off, take off, and before God I shall show you the whole form!'
"And the said irons being of new, upon her faithfull promise, removed, she then desired my Lord of Eglintoune, the said four justices, and the said Mr. David Dickson, minister of the burgh, Mr. George Dunbar, minister of Ayr, and Mr. Mitchell Wallace, minister of Kilmarnock, and Mr. John Cunninghame, minister of Dalry, and Hugh Kennedy, provost of Ayr, to come by themselves and to remove all others, and she should declare truly, as she should answer to God the whole matter. Whose desire in that being fulfilled she made her confession in this manner, but (i.e., without) any kind of demand, freely, without interrogation; God's name by earnest prayer being called upon for opening of her lips, and easing of her heart, that she, by rendering of the truth, might glorify and magnify his holy name, and disappoint the enemy of her salvation."—Trial of Margaret Barclay, &c., 1618.
Margaret Barclay, who was a young and lively person, had hitherto conducted herself like a passionate and high-tempered woman innocently accused, and the only appearance of conviction obtained against her was, that she carried about her rowan-tree and coloured thread, to make, as she said, her cow give milk, when it began to fail. But the gentle torture—a strange junction of words—recommended as an anodyne by the good Lord Eglinton—the placing, namely, her legs in the stocks, and loading her bare shins with bars of iron, overcame her resolution; when, at her screams and declarations that she was willing to tell all, the weights were removed. She then told a story of destroying the ship of John Dein, affirming that it was with the purpose of killing only her brother-in-law and Provost Tran, and saving the rest of the crew. She at the same time involved in the guilt Isobel Crawford. This poor woman was also apprehended, and in great terror confessed the imputed crime, retorting the principal blame on Margaret Barclay herself. The trial was then appointed to proceed, when Alexander Dein, the husband of Margaret Barclay, appeared in court with a lawyer to act in his wife's behalf. Apparently, the sight of her husband awakened some hope and desire of life, for when the prisoner was asked by the lawyer whether she wished to be defended? she answered, "As you please But all I have confest was in agony of torture; and, before God, all I have spoken is false and untrue." To which she pathetically added, "Ye have been too long in coming."
The jury, unmoved by these affecting circumstances, proceeded upon the principle that the confession of the accused could not be considered as made under the influence of torture, since the bars were not actually upon her limbs at the time it was delivered, although they were placed at her elbow ready to be again laid on her bare shins, if she was less explicit in her declaration than her
auditors wished. On this nice distinction they in one voice found Margaret Barclay guilty. It is singular that she should have again returned to her confession after sentence, and died affirming it; the explanation of which, however, might be either that she had really in her ignorance and folly tampered with some idle spells, or that an apparent penitence for her offence, however imaginary, was the only mode in which she could obtain any share of public sympathy at her death, or a portion of the prayers of the clergy and congregation, which, in her circumstances, she might be willing to purchase, even by confession of what all believed respecting her. It is remarkable that she earnestly entreated the magistrates that no harm should be done to Isobel Crawford, the woman whom she had herself accused. This unfortunate young creature was strangled at the stake, and her body burnt to ashes, having died with many expressions of religion and penitence.
It was one fatal consequence of these cruel persecutions, that one pile was usually lighted at the embers of another. Accordingly in the present case, three victims having already perished by this accusation, the magistrates, incensed at the nature of the crime, so perilous as it seemed to men of a maritime life, and at the loss of several friends of their own, one of "whom had been their principal magistrate, did not forbear to insist against Isobel Crawford, inculpated by Margaret Barclay's confession. A new commission was granted for her trial, and after the assistant minister of Irvine, Mr. David Dickson, had made earnest prayers to God for opening her obdurate and closed heart, she was subjected to the torture of iron bars laid upon her bare shins, her feet being in the stocks, as in the case of Margaret Barclay.
