I have tar-barrell'd mony a witch.—P. [159]. v. 1.
Human nature shrinks from the brutal scenes, produced by the belief in witchcraft. Under the idea, that the devil imprinted upon the body of his miserable vassals a mark, which was insensible to pain, persons were employed to run needles into the bodies of the old women who were suspected of witchcraft. In the dawning of common sense upon this subject, a complaint was made before the Privy Council of Scotland, 11th September, 1678, by Catherine Liddell, a poor woman, against the baron-bailie of Preston-Grange, and David Cowan (a professed pricker), for having imprisoned, and most cruelly tortured her. They answered, 1st, She was searched by her own consent, et volenti non fit injuria; 2d, The pricker had learned his trade from Kincaid, a famed pricker; 3d, He never acted, but when called upon by magistrates or clergymen, so what he did was auctore prætore; 4th, His trade was lawful; 5th, Perkins, Delrio, and all divines and lawyers, who treat of witchcraft, assert the existence of the marks, or stigmata sagarum; and, 6thly, Were it otherwise, Error communis facit jus.—Answered, 1st, Denies consent; 2d, Nobody can validly consent to their own torture; for, Nemo est dominus membrorum suorum; 3d, The pricker was a common cheat. The last arguments prevailed; and it was found, that inferior judges "might not use any torture, by pricking, or by with-holding them from sleep;" the council reserving all that to themselves, the justices, and those acting by commission from them. But Lord Durie, a lord of session, could have no share in these inflictions.
FOOTNOTES:
[31] For his pedigree, the reader may consult the Appendix to the ballad of Johnie Armstrong, Vol. I.
[32] It stands upon the water of Dryfe, not far from Moffat.
[33] Gray Mare's Tail—A cataract above Moffat, so called.
[34] "He took bread and salt by this light, that he would never open his lips." The Honest Whore, act 5, scene 12.
[35] Lair'd—Bogged.
[36] Far yaud. The signal made by a shepherd to his dog, when he is to drive away some sheep at a distance. From Yoden, to go. Ang. Sax.
[37] Brock—Badger.