In 1718, the celebrated lawyer, Robert Dundas of Arniston, then King’s Advocate, wrote a severe letter of censure to the Sheriff-depute of Caithness, in the first place, as having neglected to communicate officially certain precognitions which he had led respecting some recent practices of witchcraft in his county.  The Advocate reminded this local judge that the duty of inferior magistrates, in such cases, was to advise with the King’s Counsel, first, whether they should be made subject of a trial or not; and if so, before what court, and in what manner, it should take place.  He also called the magistrate’s attention to a report, that he, the Sheriff-depute, intended to judge in the case himself; “a thing of too great difficulty to be tried without very deliberate advice, and beyond the jurisdiction of an inferior court.”  The Sheriff-depute sends, with his apology, the precognition[83] of the affair, which is one of the most nonsensical in this nonsensical department of the law.  A certain carpenter, named William Montgomery, was so infested with cats, which, as his servant-maid reported, “spoke among themselves,” that he fell in a rage upon a party of these animals which had assembled in his house at irregular hours, and betwixt his Highland arms of knife, dirk, and broadsword, and his professional weapon of an axe, he made such a dispersion that they were quiet for the night.  In consequence of his blows, two witches were said to have died.  The case of a third, named Nin-Gilbert, was still more remarkable.  Her leg being broken, the injured limb withered, pined, and finally fell off; on which the hag was enclosed in prison, where she also died; and the question which remained was, whether any process should be directed against persons whom, in her compelled confession, she had, as usual, informed against.  The Lord Advocate, as may be supposed, quashed all further procedure.

[Footnote 83:  The precognition is the record of the preliminary evidence on which the public officers charged in Scotland with duties entrusted to a grand jury in England, incur the responsibility of sending an accused person to trial.]

In 1720, an unlucky boy, the third son of James, Lord Torphichen, took it into his head, under instructions, it is said, from a knavish governor, to play the possessed and bewitched person, laying the cause of his distress on certain old witches in Calder, near to which village his father had his mansion.  The women were imprisoned, and one or two of them died; but the Crown counsel would not proceed to trial.  The noble family also began to see through the cheat.  The boy was sent to sea, and though he is said at one time to have been disposed to try his fits while on board, when the discipline of the navy proved too severe for his cunning, in process of time he became a good sailor, assisted gallantly in defence of the vessel against the pirates of Angria, and finally was drowned in a storm.