Page:The Green Bag (1889–1914), Volume 12.pdf/393

sooner was the pain of torment abated than It is a relief to turn to another part of this the spirit of the man revived; and we learn record and mark how, in spite of the awful what followed from a tract printed in London abuse of the law, even-handed justice was gradually being brought into play in dealing at the time : — "Notwithstanding that his owne confession with accused persons. One vital defect still appeareth, remaining in recordé under his owne continued in force, namely, that the most hande writting, and the same thereunto fixed in heinous crimes escaped punishment if nobody the presence of the King's Majestie and sundrie appeared as " pursuer." There was no dan of his Councell, yet did hee utterly dénie the ger of such a lapse in cases of witchcraft; same. Whereupon the King's Majestie, per the clergy, or some agent of the king, were al ceiving his stubborne willfulnesse, conceived and ways ready " to pursue " in those cases where imagined that .... hee had entered into newe the neighbors of the accused were either too conference and league with the Devil his master frightened or too sensible to appear. But in .... for more tryall of him, to make him con murder cases it was different. If the mur fesse, hee was commaunded to have a most dered was wealthy, or had sufficient interest straunge torment, which was done in the manner at court, the nearest of kin could generally following. His nailes upon all his fingers were riven and pulled off with an instrument called in be " satisfied " by hard cash, and granted Scottish a Turkas, which in England wee call a " letters of slanes," which caused the case to payre of pincers, and under everie nayle there be abandoned. Thus, in 1605, when the was thrust in two needels over even up to the Earl of Crawford and three others set upon heads. At all which tormentes notwithstanding, Sir David Lindsay of Balgaweis and slew the Doctor never shronke anie whit; neither him near Brechin, Margaret, daughter of woulde he then confesse it the sooner, for all the the murdered knight, gave such " letters of tortures inflicted on him. Then was hee, by all slanes," "beiring satisfactioun and Assytheconvenient speede, by commaundement, convaied ment to be maid be the said Erie for the againe to the torment of the bootes, wherein hee foirsaid slauchter," " passed simpliciter fra continued a long time, and did abide so many the persute," and the earl went free. blowes in them that his legges were crusht and But a notable departure from former prac beaten together as small as might bee; and the bones and flesh se brused, that the bloud and tice was made in another murder trial, in marrow spouted forth in great abundance; 1624, when "Harie Liston, indueller in the whereby they were made unserviceable forever." bak of Plesance [Edinburgh], callit the Bak The brave doctor continued staunch in Raw," was charged with the murder of a his refusal to confess, wherefore his poor farmer on the Borough Moor. For the first mangled body was condemned to be strangled time on record, the prisoner was allowed to and burnt, which of course would have been produce witnesses in court to prove his inno cence. Up to this time, strange as it may his fate in any case. Faugh! Dr. Fean was but one out of hun sound in modern ears, the examination of the dreds of victims to this beastly superstition, prisoner and all witnesses was conducted by which, like all worst kinds of cruelty, took its the Ixml Advocate before the Privy Council, rise out of blind terror, driving this most or a commissioner appointed by that body. Christian king to commit precisely the same The evidence so obtained, together with all atrocities as are practiced by black African declarations and confessions made in camera, tyrants. Boxes were set up in the churches were produced in court, and the assize had to receive anonymous accusations against to return a verdict upon these alone, no sub all and sundry and these convenient vehi sequent evidence being admitted or crosscles of privy malice sufficed to set the law examination allowed. All honor, then, to in motion against suspects. Sir William Oliphant of Newton, then Lord