Chapter 21 of 60 · 3995 words · ~20 min read

Part 21

As an illustrative case--exhibiting this oppressive mulcting system, and that general interference with personal liberty which the revolutionary government (by the unavoidable necessity, we may admit, of its position) was accustomed to visit upon its subjects, when these were in any degree slack of obedience--we may mention the case of James Farquharson of Inverey, in Aberdeenshire; premising that the statement is his own in a petition to the Estates. Having been summoned by the Committee of Estates in May 1647, but not duly receiving the notice, he failed of course to attend, and was consequently punished with a fine of £4000 [Scots?]. The exaction of this fine was assigned to Forbes, Laird of Leslie, probably in recompense of services or repayment of public debt; and Forbes immediately became the prosecutor of Farquharson at law. It was in vain that Farquharson, when apprised of his liability, offered to stand a trial for any offence laid to his charge. In the spring of 1649, he, being a man of seventy-three years of age, was dragged from his house, his wife and young children, to Edinburgh, where probably this Deeside baron had never been in his life. There he was clapped up in the Tolbooth, and kept for twelve weeks, till, afraid to perish in so horrible a den, and sensible of the hard condition of his family at home, he at length succeeded in attracting some charitable attention from the Estates. It was only, after all, on his agreeing with the Laird of Leslie for a composition of his fine, that this gentleman, who boldly challenged any trial, but was never tried, could obtain his liberty.

* * * * *

[Sidenote: JUNE.]

[Sidenote: 1649.]

One Alexander Stewart, calling himself professor of physic,[128] travelled about the country, picking up a scanty livelihood by the exercise of his art, but also beholden in part for his subsistence to the kindness of friends. He had lived in this way twenty years, without any fixed habitation of his own, and it chanced in the summer of this year that he had to travel from the house of his brother, the minister of Rothesay, to St Johnston, ‘hoping to have had some residence there in the exercise of his calling,’ when he was seized as ‘an intelligencer and seminary priest,’ carried to Edinburgh, and imprisoned in the Tolbooth. He was under the necessity of petitioning the Estates, setting forth his innocency of all offence against kirk or state, and shewing that he had already cleared himself before the presbytery of St Johnston, ‘who could find nothing of that kind against him;’ yet he was suffered to lie ‘miserably in prison, destitute of all help.’ The Estates, having apparently ascertained that a mistake had been made in the seizure of this poor mediciner, ordered his liberation.

* * * * *

This was a year of extreme dearth. Wheat was at seventeen pounds Scots per boll; oats, twelve pounds; and other grains in proportion. Owing, also, to the coldness and dryness of the spring, the herbage and hay proved deficient, and cheese and butter consequently attained high prices--the former three, and the latter six pounds per stone. ‘In the beginning of June, the parliament licensed Englishmen to buy and transport oxen, kine, sheep of all sorts, likewise horses and colts; which was one of the most hurtful acts could be made to ruin Scotland, and advance the designs of the enemies thereof; bestial of all sorts being at so high a rate these four years past in this country, and flesh in the common markets scarce buyable but at very exorbitant rates; the like has not been seen in this kingdom heretofore since it was a nation.’--_Bal._

The luxuries of life were correspondingly dear at this time: the best ale, 3s. 4d. (3-1/3d. sterling); sack wine, 36s.; and French wine, 16s. per pint.

* * * * *

[Sidenote: AUG.]

‘About Lammas and afterwards, in many parts of this kingdom, both among bear and oats, there were seen a great number of creeping things--which was not ordinar--which remained in the head of the stalk of corn, at the root of the pickle.’--_Lam._

* * * * *

‘About Lammas ... there was a star seen by many people of Edinburgh, betwixt twelve and two hours of the day, even when the sun shined most bright; which was taken for a comet, and a forerunner of the troubles that followed.’--_C. P. H._

[Sidenote: 1649.]

No such comet is noted by astronomers, the only two in the first half of the seventeenth century being in 1607 and 1618. It was probably a star of high magnitude, or planet rendered visible by some extraordinary state of the atmosphere.

* * * * *

The anxiety about witchcraft manifested by the General Assembly and parliament this year, was not allowed to expend itself in empty words. ‘This summer,’ says Lamont in his _Diary_, ‘there was very many witches taken and brunt in several parts of this kingdom, as in Lothian and Fife.’ The register of the Committee of Estates shews no fewer than five several commissions issued on the 4th, and two on the 6th of December, for the trial of witches in various parts of the country. The procedure, as far as revealed to us, seems to have been this: The suspected were first taken in hand by the minister and his session or consistory, with a view to obtain proof or extort confession. Generally, the poor wretches--moved partly by their own religious feelings--confessed; then a commission was sought for and granted to certain gentlemen of the district, for the trial of the accused. The trial seems to have been little more than a form, for condemnation and execution almost invariably followed.

Margaret Henderson, ‘Lady Pittathrow,’ described as sister to the Laird of Fordel, and residing in Inverkeithing, was delated by sundry persons who had lately suffered for witchcraft, ‘to be ane witch, and that she has keepit several meetings and abominable society with the devil.’ So says a grave petition of the General Assembly to parliament (July 19). Fearing punishment, she withdrew to the city of Edinburgh, and there lurked ‘till it pleasit the Almighty God to dispose in His providence that she is now apprehendit and put in firmance in the Tolbooth.’ The Assembly now craving her trial, so that ‘this land and city may be free of her, and justice done upon her,’ the Estates were pleased to issue a command to Mr Thomas Nicholson, his majesty’s advocate, to proceed with her arraignment before the justice-general; and if she be guilty of the said crime, ‘to convict and condemn her, pronounce sentence of death against, cause strangle her, and burn her body, and do every requisite in sic cases.’ The diarist Lamont gives us the conclusion of the case. ‘After remaining in prison for a time, [she] being in health at night, was upon the morning found dead. It was thought and spoken by many that she wronged herself, either by strangling or poison; but we leave that to the judgment of the great day.’

[Sidenote: 1649.]

There was a kind of infection in witchcraft, for one unhappy victim was sure to accuse others, albeit with no more justice than what there was in the charge against herself. It was probably in consequence of such ‘delations’ on the part of Lady Pittathrow that we find the presbytery of Dunfermline and minister of Inverkeithing giving in a supplication to parliament (July 31, 1649), shewing that there had been ‘declarations of witchcraft against the wives of the magistrates and other persons of the burgh of Inverkeithing, whom the said magistrates refused to apprehend.’ The presbytery had visited the burgh, and ‘dealt with the magistrates and town-council to give the full power and commission to certain honest men of the town, to apprehend, put in firmance, and tak trial of such persons as they should allow and judge worthy to be apprehendit and tried, as said is.’ The surprise of these worthy bailies on being told that the wives of their own bosoms were witches, would have been not a little amusing to a man of the nineteenth century, could he have been present to witness it. We are told that they at first seemed to see the reasonableness of deputing their ordinary power to a set of ‘honest men’ for the trial of their suspected helpmates; but when their ghostly visitors had left them, they were brought to view things in a different light. The magistrates now ‘slights that work, and refuses to give the power in manner foresaid.’ For this reason it had become necessary to apply to parliament for a commission to the ‘honest men’ to do the duty of the magistrates, and this was readily granted. What came of the magistrates’ wives under this perilous accusation, does not appear.[129]

[Sidenote: 1649.]

In August, a poor woman, named Bessie Graham, living in Kilwinning, was apprehended and thrown into prison, for some threatening words she had used in drink against a neighbour woman who had since died. During a confinement of thirteen weeks, she was visited by the minister, Mr James Fergusson, who, it was thought, might ascertain whether she was a witch or not. He found her obdurate in non-confession, and was greatly inclined to think her innocent. One Alexander Bogue, ‘skilled in searching the mark,’ came to examine her person, and finding a spot in the middle of her back, thrust in a pin, which neither inflicted pain nor drew blood. Still the minister hesitated to believe her guilty. He entered on a course of prayers for divine direction. Soon after, going one evening to the prison with his bedral, Alexander Simpson, he made a strenuous attempt to induce Bessie to confess, but without effect. To pursue his own narrative: ‘When I came to the stair-head, I resolved to halt a little to hear what she would say. Within a very short space, she begins to discourse, as if it had been to somebody with her. Her voice was so low, that I could not understand what she said, except one sentence, whereby I perceived she was speaking of somewhat I had been challenging her of and she had denied.... After a little while, I heard another voice speaking and whispering as it were conferring with her, which presently I apprehended to be the foul fiend’s voice.... She, having kept silence a time, began to speak again; and before she had well ended, the other voice speaketh as it were a long sentence, which, though I understood not what it was, yet it was so low and ghostly, that I was certainly persuaded that it was another voice than hers. Besides, her accent and manner of speaking was as if she had been speaking to some other; and that other voice, to the best of my remembrance, did begin before she had ended, so that two voices were to be heard at once.

‘By this time fear took hold on Alexander Simpson, being hindmost in the stair, and thereby he cries out. I did exhort him with a loud voice not to fear; and we came all of us down the stair, blessing God that had given me such a clearance in the business.’

This poor woman, on a subsequent conference with Mr Fergusson, confessed all she was accused of, except the imputed witchcraft. She said: ‘She knew she would die, and desired not to live; and she thought we would be free before God of her blood, because that, however she was free, yet there were so many things deponed against her, that it was hard for us to think otherwise of her than we did; yet she knew well enough her own innocence.’ Bessie was soon after tried, condemned, and executed, denying her guilt to the last.[130]

[Sidenote: 1649.]

In the ensuing month, Agnes Gourlay was examined by the kirk-session of Humbie, concerning some practices of hers for charming the milk of kine. It was alleged that Anna Simpson, servant to Robert Hepburn of Keith, having found fault with the milk she drew from her master’s cows, Agnes told her of a way to remedy the evil, and soon after came and put it in practice. Throwing a small quantity of the milk into the _grupe_ or sewer of the cow-house, she called out: ‘God betak us to! May be, they are under the earth that have as much need of it, as they that are above the earth!’ after which she put wheat bread and salt into the cows’ ears. Agnes by and by confessed that she had so done, and was ordained to make public repentance in sackcloth.[131]

* * * * *

Lord Linton, son of the Earl of Traquair, married Henrietta Gordon, daughter of the lately executed Marquis of Huntly, and relict of George Lord Seton; she being an excommunicated papist. ‘The minister of Dawick, being an old man, did marry thir foresaid persons privately, without proclamation of their banns, according to the custom; for which, shortly after, he was excommunicate, his church declared vacant, and he by the state banished.’--_Lam._ Lord Linton was fined in £5000 Scots, and likewise excommunicated and imprisoned.--_Nic._

* * * * *

[Sidenote: DEC. 18.]

[Sidenote: 1649.]

The reader will remember the strenuous opposition of John Mean, merchant in Edinburgh, to the Episcopal innovations, and his sufferings in that cause; likewise the strong suspicion entertained that it was his wife who discharged her stool at the bishop’s head when the Service-book was introduced into St Giles’s in July 1637. It was natural that John, who was a man of good account in the world, as well as a most earnest Presbyterian, should have flourished under the present order of things. We therefore hear without surprise that the Post in Edinburgh--the germ of a most important institution--was now under the care of John Mean. It seems to have been confined as yet to the transmission of letters between London and Edinburgh. At the date noted, he addressed a petition to the Committee of Estates, regarding ‘his great charges and expenses in attending the Letter-office in this city, and his allowance therefor.’ He states that ‘the benefit arising by the letters sent from this to London and coming from thence hither, by the ordinary post, will amount to four hundred pounds sterling yearly or thereby, all charges being deduced for payment of the postmaster from Newcastle to Edinburgh inclusive, and no proportion thereof laid upon the Berwick pacquet.’ In consideration of his charges, John was allowed to retain for himself the eighth penny upon all the letters sent from Edinburgh to London, and the fourth penny upon all those coming from London to Edinburgh.--_R. C. E._

* * * * *

In the year 1649, as is believed, a cateran named Mac-Allister, with a band of followers, kept a large portion of Caithness in terror. The people of Thurso having somehow given him offence, he determined to revenge himself by suddenly coming down upon them on a Sunday and burning them in church. He and his men had provided themselves with withes of twigs to fasten the doors, in order to keep the people in, while fire should be set to the building. Some one remonstrating with him for contemplating such an unholy design on the Sabbath-day, he avowed that, in spite of God and the Sabbath both, he would shed blood. Fortunately, some humane person became aware of the design, and set off at speed to give the alarm. This had scarcely been done, when the caterans, twenty in number, arrived. There were seven doors to the church, as may be verified by an inspection of the ruins at this day. An old woman dexterously thrust her stool into one near which she sat, so as to prevent it from being closed; the people were eager to defend the rest as far as they could. Mac-Allister himself came to the door of a gallery at the south-west angle of the building, accessible by an outer stair. Here sat Sir James Sinclair of Murkle, an able and determined man, who made a practice of coming to church armed. Meeting the robber in the doorway, he thrust his sword through him, but with no apparent effect. His servant, however, superstitiously fearing that Mac-Allister was impervious to cold steel, cut a triangular silver button from Sir James’s coat, and with that shot the fellow in the head. He tumbled over the stair, saying in Gaelic: ‘Hoot-toot, the bodach has deafened me!’ It was a mortal wound in the ear. The rest of the party were then set upon by the congregation, and after a hard contest, overpowered, many of them, like their master, being killed.[132]

* * * * *

[Sidenote: 1650.

MAR. 9.]

[Sidenote: 1650.]

The Marquis of Douglas, formerly Earl of Angus, one of the greatest and wealthiest of the nobility, was a Catholic; and his wife, a daughter of the first Marquis of Huntly, was a not less firm adherent of the ancient faith. For many years past, the presbytery of Lanark had acted as an inquisition over them, sending deputations every now and then to Douglas Castle, to deal with them for their conversion, intermeddling with their domestic affairs, and threatening them with excommunication if they did not speedily give ‘satisfaction.’ With great difficulty, and after many conferences, they had prevailed on the _Lady Marquesse_ to attend the parish church, and allow her children to be instructed in the Presbyterian catechism: a mere external conformity, of course, but involving a homage to the system which seems to have pleased the ecclesiastical authorities. It took six years to bring the marquis to an inclination to abjure popery and sign the Covenant; and great was the rejoicing when he performed this ceremony before the parish congregation. A moderator of presbytery reported his ‘great contentment’ in seeing his lordship communicate and give attentive ear to the sermons. Seeing, however, that the lady remained immovable, the reverend court deemed it necessary to demand of the noble pair that their children should be secluded from them, in order that assurance might be had of their being brought up in the Protestant religion. This seems to have been too much for the old peer. He plainly broke through all engagements to them, by going and joining Montrose.

As his lordship fell into the hands of the Estates, by whom he was imprisoned in Dumbarton Castle, the presbytery obtained an increased power over the lady. They now brought her before them, to examine her touching her ‘malignancy and obstinate continuance in the profession of popery.’ Imagine the daughter of the superb Huntly, the mother of the future head of the chivalric house of Douglas, forced to appear ‘with bated breath and whispering humbleness’ before the presbytery of Lanark! She really did give them such smooth words as induced them to hold off for a little while. But they soon had occasion once more to bewail the effects of their ‘manifold expressions of lenity and long-suffering’ towards her, which they saw attended by no effect but ‘disobedience.’ The process for her excommunication and the taking away of her children was in full career in January 1646; and yet by some means which do not appear, it did not advance.

[Sidenote: 1650.]

[Sidenote: 1650.]

Meanwhile the marquis had been suffering a long imprisonment for his lapse with Montrose, and his estate was embarrassed with a fine of 50,000 merks. It had become indispensable for the good of his family, that he should be somehow reconciled to the stern powers then ruling. At the beginning of 1647, the descendant of those mail-clad Douglases who in the fifteenth century shook the Scottish throne, was found literally on his knees before the Lanark presbytery, expressing his penitence for breach of covenant, and giving assurance of faithfulness in time to come. The Estates consequently contented themselves with one half of his fine, and an offer of the use of his lands for the quartering of troops, and he was then liberated. Soon after, he agreed to consign his children to be boarded with the minister of the parish of Douglas, while a young man should attend to act as their preceptor; but the satisfaction produced by this concession was quickly dashed, when the presbytery learned that his lordship was secretly arranging to send his youngest son to be bred in France. It was really a curious game between their honest unsparing zeal on the one hand, and his lordship’s craft and territorial consequence on the other. Every now and then we have a peep of the demure lady, not less resolute in adhering to her faith than they were pertinacious in seeking to bring her to the superior light. How the recusant pair must have in secret chafed under the mute acquiescence which they were forced to give, in a rule outraging every sense of natural right, and every feeling of self-respect! With what smothered rage would they view those presbyterial deputations on their approach to Douglas Castle--more formidable than a thousand of the troops of Long-shanked Edward had ever been to the good Sir James! During the predominance of the Hamilton Engagement, there was a slight intermission: in those partially clouded days of the church, the presbytery was obliged to speak a little less resolutely. In October 1648, the cloud had passed away: Cromwell was now in the Canongate, conferring with Argyle, Loudon, and Dickson. We accordingly find the Lanark inquisition laconically ordering that, failing immediate satisfaction, his lordship be summoned and the lady ‘excommunicat.’ The noble marquis appeared in this month before them, to answer sundry challenges--‘for not keeping his son at the school with a sufficient pedagogue approven by the presbytery; for not delivering his daughter to some Protestant friend by sight [that is, under the approbation] of the presbytery; for not having a sufficient chaplain approven as said is, for family exercise in his house; for not calling home his son, who is in France;’ and, finally, for his grievous oppression of his tenants. On all of these points, he was forced to make certain professed concessions. And we soon after find this proud grandee pleading to have his son brought from the school of Glasgow to that of Lanark, but ‘_not to come home to his parents except the presbytery permit_.’ Still there was no real progress made with either the marquis or his lady, and simply because they continued to be Catholics at heart, and had it not in their power to give more than lip-worship to any other system.

Such being the case, what are we to think of the conclusion of the affair with the marchioness, when, on the 9th of March 1650, two ministers went to pass upon her that sentence of excommunication which was to make her homeless and an outlaw,[133] unless she should _instantly_ profess the Protestant faith; at the same time telling her ‘how fearful a sin it was to swear with equivocation or mental reservation.’ The lady of course reflected that the system represented by her visitors was now triumphant over everything--that, for one thing, it had brought her brother Huntly, not a twelvemonth ago, beneath the stroke of the Maiden. She ‘declared she had no more doubts,’ and at the command of one of the ministers, held up her hand, and solemnly accepted the Covenant before the congregation. ‘After he had read the Solemn League and Covenant, and desired her to hold up her hand and swear by the great name of God to observe, according to her power, every article thereof, she did so; and after divine service was ended, he desired her to go to the session-table and subscribe the Covenant, and, before the minister and elders, she went to the said table and did subscribe.’