As knowledge and learning began to increase, the gentlemen and clergy of Scotland became ashamed of the credulity of their ancestors, and witch trials, although not discontinued, more seldom disgrace our records of criminal jurisprudence.
Sir John Clerk, a scholar and an antiquary, the grandfather of the late celebrated John Clerk of Eldin, had the honour to be amongst the first to decline acting as a commissioner on the trial of a witch, to which he was appointed so early as 1678,[81] alleging, drily, that he did not feel himself warlock (that is, conjurer) sufficient to be a judge upon such an inquisition. Allan Ramsay, his friend, and who must be supposed to speak the sense of his many respectable patrons, had delivered his opinion on the subject in the “Gentle Shepherd,” where Mause’s imaginary witchcraft constitutes the machinery of the poem.
[Footnote 81: See Fountainhall’s “Decisions,” vol. i. p. 15.]
Yet these dawnings of sense and humanity were obscured by the clouds of the ancient superstition on more than one distinguished occasion. In 1676, Sir George Maxwell, of Pollock, apparently a man of melancholic and valetudinary habits, believed himself bewitched to death by six witches, one man and five women, who were leagued for the purpose of tormenting a clay image in his likeness. The chief evidence on the subject was a vagabond girl, pretending to be deaf and dumb. But as her imposture was afterwards discovered and herself punished, it is reasonably to be concluded that she had herself formed the picture or image of Sir George, and had hid it where it was afterwards found in consequence of her own information. In the meantime, five of the accused were executed, and the sixth only escaped on account of extreme youth.
A still more remarkable case occurred at Paisley in 1697, where a young girl, about eleven years of age, daughter of John Shaw, of Bargarran, was the principal evidence. This unlucky damsel, beginning her practices out of a quarrel with a maid-servant, continued to imitate a case of possession so accurately that no less than twenty persons were condemned upon her evidence, of whom five were executed, besides one John Reed, who hanged himself in prison, or, as was charitably said, was strangled by the devil in person, lest he should make disclosures to the detriment of the service. But even those who believed in witchcraft were now beginning to open their eyes to the dangers in the present mode of prosecution. “I own,” says the Rev. Mr. Bell in his MS. “Treatise on Witchcraft,” “there has been much harm done to worthy and innocent persons in the common way of finding out witches, and in the means made use of for promoting the discovery of such wretches and bringing them to justice; so that oftentimes old age, poverty, features, and ill-fame, with such like grounds not worthy to be represented to a magistrate, have yet moved many to suspect and defame their neighbours,