Part 13

"Kirkcudbright, 28th June, 1805.

"The Steward-Depute having considered the Verdict of the Assize, bearing date the twenty-first day of June current, and returned into Court that day against Jean Maxwell, the Pannel, whereby she is found guilty of pretending to exercise WITCHCRAFT, SORCERY, INCHANTMENT, and CONJURATION, and of undertaking to tell fortunes, contrary to the Enactments and Provisions of the Act of Parliament passed in the 5th year of the Reign of King George the Second, Chapter fifth, in the manner charged against her in the Indictment, at instance of the Procurator-Fiscal of Court; the Steward Depute, in respect of the said Verdict, Decerns and Adjudges the said Jean Maxwell to be carried back from the Bar to the Tolbooth of Kirkcudbright, and to be Imprisoned therein for the space of One Whole Year, without Bail or Mainprize; and Once in every Quarter of the said year to stand openly upon a Market day in the Jugs or Pillory, at the Market Cross of the Burgh of Kirkcudbright, for the space of One Hour, &c.--(Signed) ALEXR. GORDON."

It only remains to be added that this sentence was rigorously carried out.

A small, and now scarce volume, containing a full account of the trial, was published at Kirkcudbright the same year, of which the following is a copy of the title-page:--

REMARKABLE TRIAL OF JEAN MAXWELL THE Galloway Sorceress:

Which took place at KIRKCUDBRIGHT on the twenty-eighth day of June last, 1805:

For Pretending to Exercise WITCHCRAFT, SORCERY, INCHANTMENT, CONJURATION, etc.

"And that distilled by Magic slights Shall raise such artificial sprights, As by the strength of their illusion Shall draw him on to his confusion." --Macbeth.

KIRKCUDBRIGHT: Printed by Alexander Gordon. 1805.

PROCEEDINGS IN DUMFRIESSHIRE.

Concerning Dumfriesshire there falls to be recorded numerous instances of accusation and trial, which includes the ever-to-be-regretted consummation of fanaticism in this district--the burning of nine unhappy women on the Sands of Dumfries in the year 1659.

Burgh of Dumfries.

Extract from the Dumfries Burgh Treasurer's Books, May 27th, 1657.--Detailed items of expenditure incurred at the burning of two women convicted of witchcraft: "For 38 load of peitts to burn the two women, £3 12s (Scots). Mair, given to William Edgar for ane tar barrell, 12s; for ane herring barrell, 14s. Given to John Shotrick, for carrying the twa barrells to the pledge (house), 6s. Mair, given to the four officers that day that the whiches was burnt, at the provest and bayillis command, 24s. Given to Thomas Anderson for the two stoups and the two steaves (to which the women were tied), 30s."(36)

Resolution of Kirk-Session of Dumfries, 1658.--The Kirk-Session of Dumfries, after solemn deliberation on the subject, required the minister to announce from the pulpit that all persons having evidence to give against such as were under suspicion of "the heinous and abominable sin of witchcraft," should be ready to furnish the same to the Session without delay; and at their next meeting the elders wisely qualified the order, by resolving that anyone who charged another with being guilty of "sic devilisch practises," without due reason, should be visited with the severest discipline of the Kirk.(37)

Official Information regarding the burning of the nine women on the Sands of Dumfries, 13th April, 1659.

These women were first strangled and then burned. The following particulars were gleaned from the books of the High Court of Justiciary kept at the Register House, Edinburgh:--

1659.--The Court was opened at Dumfries on the 2nd of April, in the above year, by the "Commissioners in Criminal Cases to the people in Scotland," Judge Mosley and Judge Lawrence; and that ten women, each charged with divers acts of witchcraft, were brought before them for trial. The proceedings appear to have lasted until the 5th. One of the accused, Helen Tait, had a rather narrow escape--the jury finding by a plurality of voices that the "dittay" in her case was "not cleirly proven." Nevertheless, before being dismissed from the bar, she was required to find security to the extent of £50 sterling for her good behaviour, and that she would banish herself from the parish. The nine other unfortunates were all convicted, as is shown by the subjoined minute, giving the finding of the jury and the deliverance of the judge, as pronounced by the official dempster, "F. Goyyen":--(38)

"Drumfreis, the 5th of Apryle, 1659.--The Commissioners adjudges Agnes Comenes, Janet M'Gowane, Jean Tomson, Margt. Clerk, Janet M'Kendrig, Agnes Clerk, Janet Corsane, Helen Moorhead, and Janet Callon, as found guilty of the severall articles of witchcraft mentioned in the dittayes, to be tane upon Wednesday come eight days to the ordinar place of execution for the burghe of Drumfreis, and ther, betuing 2 and 4 hours of the afternoon, to be strangled at staikes till they be dead, and therefter ther bodyes to be burned to ashes, and all ther moveable goods to be esheite. Further, it is ordained that Helen Moorhead's moveables be intromitted with by the Shereff of Nithsdaile, to seize upon and herrie the samin for the King's use."(39)

Resolution of the Dumfries Presbytery regarding the attendance of clergymen before the carrying out of the sentence, and at the actual "burning" of the women, on the Sands:--

"5th April, 1659.

"The Presbytery have appoynted Mr Hugh Henrison, Mr Wm. M'Gore, Mr George Campbell, Mr John Brown, Mr Jo. Welsh, Mr George Johnston, Mr Wm. Hay, and Mr Gabriel Semple, to attend the nine witches, and that they tak thair own convenient opportunity to confer with them; also that they be assisting to the brethren of Dumfries and Galloway the day of the Execution."(40)

Dumfries, 14th November, 1664.--An edict from the Town Council: "The Counsall being informed that Janet Burnes, commonly reputed a witche, and quho hath bein banished out of severall burghis, and put out of this burgh in the month of August last, for cheating the people upon pretence of knowledge of all things done by them in tym past, or that may fall out in tym cuming, with certification to be scurgit if ever she was sein within the burgh theireafter; and being well informed that she was sein within the town on Saturday, they have ordaint that intimation be made by touk of drum, that non of the inhabitants resset or give meit or drink unto the said Janet Burnes."(41)

Court of Justiciary, Tolbooth of Dumfries, May 18th, 1671.--Warrant for the execution of two alleged witches: "Magistrates of Drumfreis, Forasmuch as in ane Court of Justiciarie, holden be us within the Tolbuthe of Drumfreis, upon the fyftein day of May instant, Janet Muldritche, and Elspeth Thomsone, now found guiltie be ane assyze of the severall articles of witchcraft specified in the verdict given against them thereanent, were decerned and adjudged be us, The Lords Commissioners of Justiciary, to be tane upon Thursday next, the eighteen day of May instant, betwixt two and four houres in the afternoune, to (the) ordinare place of executione, for the toune of Drumfreis, and there to be worried at ane stake till they be dead; and theirafter their bodies to be burnt to ashes, and all their moveable goods and geir to be escheit. You shall thairfoir cause put the said sentence to due executione, whereanent their presents shall be your warrand. Given at Drumfreis the sixteen day of May, 1671."(42)

Court of Justiciary, Dumfries, 1709.--Last trial for witchcraft in Scotland: The accused was named Elspeth Rule; the indictment against her being that she was by habit and repute a witch, and had used threatening expressions towards persons at enmity with her, who, in consequence of such menace, suffered from the death of friends or the loss of cattle, while one of them became mad.

The jury by a majority of votes found the charges proven; and the judge condemned the prisoner to be burned upon the cheek with a hot iron and banished for life. It is told how, when this brutal act of branding the cheek was being carried out, smoke was seen issuing from the poor woman's mouth.(43)

Dumfries and Major Weir, the notorious Edinburgh warlock--a slight connecting link with Dumfries.

In his more youthful days Major Weir led an active military life, serving as an officer in the Puritan Army during the Civil War (1641). In the Registers of the Estates under March 3rd, 1647, reference is made to a supplication by Major Thomas Weir, asking "that the Parliament wald ordain John Acheson, Keeper of the Magazine, to re-deliver to the supplicant the band given by him to the said John upon the receipt of are thousand weight of poulder, two thousand weight of match, and an thousand weight of ball, sent with the supplicant to Dumfries for furnishing that part of the country."

Presbytery of Dumfries (Southern District), March, 1692.--Marion Dickson in Blackshaw, Isobel Dickson in Locherwood, Agnes Dickson (daughter of Isobel), and Marion Herbertson in Mouswaldbank, had for a long time been "suspected of the abominable and horrid crime of witchcraft," and were believed to have "committed many grievous malefices upon several persons their neighbours and others." It was declared to be damnifying "to all good men and women living in the country thereabouts, who cannot assure themselves of safety of their lives by such frequent malefices as they commit."