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NOTES AND QUERIES. [ii s. i. FEB. 12,
upoun the said day, pretending ane lauchfull
excuis for thame in the said mater that na day in
the oulk wes grantit to thame for thair releif
fra thair lawbour except the said Sabboth."
As sometimes happens, those in authority in the conduct of justice forgot the necessity of being above suspicion in their handling of affairs, and in the punishment of those " inferiour officiaris rl who were chiefly implicated in the derelictions of duty there had been some slackness. To obviate the continuance of such imputa- tions, James VI. issued a proclamation that he would be
" reddie to ressave and heir the complaintis and informationis of his distressit subjectis, and sua sail hald hand to the dew ordour, taking with thair complaintis as nane sal have just caus or occasioun to complene."
The King laid it down, with no unstinted plainness of speech, that in the adminis- tration of justice there was to be no favour nor friendship, and that judgment would be impartially dealt, as he recognized that on the fair dispensing of justice was the " speciall grand quhairupoun his Hienes croun standis and dependis."
Although certain crimes were tryable by the Sheriff, there were others beyond his jurisdiction, and left for the decision of the High Court. In connexion with this a unique question was raised in the Court of the Sheriff of Berwick. There was resident in Eyemouth one Isobel Falconer, spouse to Patrick Sinclair. She was " suspect guiltie of witchcraft," and, as was often the case, some of those who neighboured her did not sit very softly in the same company, and accordingly seized upon this suspicion in order that they might get on even terms with her. In due form she was reported to the Sheriff -officer, who announced his intention to try the case. Isobel must have been a woman of some smeddum, for she forthwith petitioned the Privy Council that she was
- ' altogidder free and innocent of that foull
cryme [witchcraft], and to this houre hes livit in a verie gude fame and reputatioun among hir nychtbouris, unspotted or suspect of ony sic divilische and detestable cryme."
Even if there was any suspicion of leanings that way, as it was a
" verie heich cryme, thair wald be [ought to be] men of judgment, learning, gude conscience, and experience, quha hes knawledge to discerne upoun every point and circumstance of the dittay, and upoun sic doubtis and questionis as will result in sic ane tryall."
She had before her mind's eye the position of the Sheriff. Admitting that he was " ane young gentilman of gude qualiteis and
conditions," she thought her case would be
so far prejudiced as he was not of that
" aige and experience to cognosce upoun sa heich
a cryme, and he will not faill upoun errour and
ignorance, to proceid agains the said complenair
becaus in this particulair he is reullit be sie per-
sonis as ar the said complenairis deidlie enemeis."
Further, she protested that the preju- dices against witches were so great that the men wlio would be called as a jury would be inflamed against her from the first, and that it was a very great hardship " to hasard the lyff of ane innocent upoun the toung and deliverie of a nowmer of ignorant and un- letterit men." To show her conviction of her own innocence of the charge, she found caution " to underlie the law '* in the tol- booth of Edinburgh when required. Her pleading was not in vain : Sinclair appeared for his spouse, and no attempt being made by the Sheriff to uphold his contention, Isobel was able to keep her would-be smirchers at arm's length.
In the early part of the seventeenth century there was on the Borders consider- able lawlessness, and for the better preserva- tion of order, it was decided that Justice Courts should be held four times a year, at which the prisoners mixed up in these forays should have the chance of a fair trial. But, in the Middle Marches, some miscreants paid the penalty of their misdeeds in a different fashion so much so that in order to whitewash the Warden, Sir William Cranstoun, the King had to issue a special edict. It bore that Sir William, in carrying out his difficult duties, had " moist dewti- fullie carreyed himselff, and done us verie guid service in that his employment. " The work was difficult, and needed special, and in some cases speedy, handling, so much so (what a diplomatic mode of expression !] that it "mycht not alwyse permit th( prolixe formes accustumed in the civile pairtis of the kingdome to be used at all tymes ?? ; so that the Warden, when encum- bered with a number of prisoners, did no1 find it always convenient to convey them to prison. Such being the case, he was moved
" often tymes summarlie to mak a quick dis- patche of a grite many notable and notorkn theves and villanes by putting chame u> present death, without preceiding tryall of jurye or assyse, or pronunciatioun of ony convictione or dome."
His Majesty therefore thought fit to ex- onerate him for all things hitherto done him in the execution of his office as Warder of the Marches.
In Royal Burghs which were the seat of Circuit Court the Provost and magistrates,
