Chapter 27

1677.

A little case of the heart comes in as a pendant to the above narrative. Four days after the end of the term assigned in the act of the Privy Council, James Baynes, wright, came before that august body with a petition, setting forth how ‘one Monsieur Devoe, servant to the mountebank who was lately in this place, hath, by sinistrous and indirect means, secured and enticed the petitioner’s daughter and only child to desert her parents, and to live with him upon pretence of a clandestine marriage.’ There being reason to fear that he might escape, unless very prompt measures were taken, the Council granted warrant to have the offender imprisoned in the Tolbooth. After escaping from these matrimonial troubles, Devoe settled in Edinburgh as a dancing-master, and we shall find his name coming before us several times on other occasions.

Feb.

The deaf and dumb Laird of Duntreath, a noted person in those days, being at Paisley, ‘made signs to some of great fightings and troubles to be in the land in a few months.’—Law.

This gentleman, who was said to be, notwithstanding his deficiencies, of a very devout frame of mind, had in the preceding December made a more special divination. ‘There was one of his acquaintance went forth to a water at a good distance frae him upon the ice, and had fallen in; and he, at that instant of time, gave warning of it by a sign.’ On another occasion, when the Dumb Laird was sitting in his own house at Duntreath, ‘two of his neighbours falling out at two miles’ distance from him, the one striking the other with a whinger in the arm, he, in the same instant of time, makes a sign of it.’

It was a general belief that many persons born deaf and dumb possessed this supposed gift of clairvoyance or second-sight. One, attended by another man, coming to the Boat of Balloch, at the foot of Loch Lomond, and seeing a salmon-net drawing in, signed that there were five fish in it, and one of them with a hook in its mouth, indicating the hook by crooking his finger and putting it in his cheek. ‘The other man, being curious to know the truth of it, causes reckon the fishes, and see if any of them had a hook; and it was found so as it was signed by the dumb man. He tells the fishers what the dumb man had signed, and they gave the dumb man one of them.’—Law.

1677.

At Colzium House, the seat of Sir Archibald Edmondstone of Duntreath, there is a portrait of his predecessor, the Deaf and Dumb Laird, presenting an aspect of intelligence much beyondwhat could have been anticipated regarding one subject to so great an infirmity. It is a tradition in the family that, in early life, finding himself much overlooked on account of his inability to communicate, and being in particular left at home when the rest went to church, he was found one day, on the family returning from worship, sitting among the horses in the stable. When his mother let him know that this conduct excited surprise, he imparted to her by such means as were at his command, that, seeing himself treated as if he were something less than a human being, he had thought it only right and proper that he should place himself in the society of the animals which had the same deficiency as himself. The reproach was felt, and he was thenceforth treated more on a footing of equality, and allowed to go to church with the rest of the family.

June.

The public mind being again morbidly excited about witchcraft, the usual result of a fresh crop of cases—a witch-storm, it may be called—ensued. In the beginning of this month, a serving-woman, named Lizzy Mudie, was burnt at Haddington for witchcraft. Her mistress, Margaret Kirkwood, had hanged herself in her own house on a Sunday forenoon, while the people were at church. Lizzy on that occasion made some disturbance, by running aloud over the numbers, one, two, three, &c., till she came to fifty-nine, when she cried: ‘The turn is done!’ It being found that Margaret Kirkwood, whose age was fifty-nine, had ended her life at that moment, Lizzy was taken up on suspicion, and examined for witch-marks. These were found upon her, and she confessed herself to be a witch. She alsodelatedfive other women (two of them midwives) and a man, as likewise guilty of witchcraft, relating particular circumstances of their alleged guilt; but they denied all. Fountainhall says: ‘I did see the man’s body searched and pricked in two sundry places, one at the ribs, and the other at his shoulder. He seemed to find pain, but no blood followed.... The marks were bluish, very small, and had no protuberancy above the skin.’ He adds, with regard to the official pricker: ‘I remained very dissatisfied with this way of trial, as most fallacious; and the fellow could give me no account of the principles of his art, but seemed to be a drunken foolish rogue.’

1677.

The trade of a pricker of witches, which had some time before been a regular and a prosperous one, was beginning to fall under suspicion among the authorities. One Cowan, of Tranent, whohad learned the art from ‘Kincaid, a famous pricker,’254was complained of by one Catherine Liddel, before the Privy Council, about this time, for subjecting her to the process on suspicion of witchcraft; and he was by that tribunal condemned to prison during their pleasure. It fully appears, indeed, that the present rulers of Scotland, while so ruthless towards religious dissenters, were more enlightened and humane than any of their predecessors in the matter of necromancy. While introducing the use of torture in the one case, they discontinued it in the other. They did, indeed, as we see, still allow of witch prosecutions; but this perhaps it was beyond their power to resist, and it must be admitted in their favour that the requirement of voluntary confessions was a great step in the right direction. On the other hand, the fact of voluntary confessions being so often made, where death was the certain consequence, and where a stout denial usually seems to have saved the accused, is one of a highly remarkable character, and which might give scope to some interesting speculations. One remark forcibly occurs regarding such cases, that the accused must have had intentions towards necromantic results and a full conviction of their possibility, if not of their occurrence; consequently must havefeltguilty.

One of the persons accused by Lizzy Mudie was Marion Phin, a woman of eighty years of age, living in Haddington. Being consequently thrown into jail, she lay there three months in a most miserable condition, suffering much, we presume, from the severity of the treatment, so unsuitable to her great age, and also distressed by the loss of her good name, she having hitherto ‘lived always under a good report, never being stained with the least ignominy, far less with the abominable crime of witchcraft.’ ‘It were hard,’ she said in a petition to the Privy Council, ‘that, being of so known integrity, she should suffer upon the account of such lying accusers, who may and ordinarily do blunder the best of God’s servants.’ Her petition for being liberated on caution (August 10) was not yielded to by the Council. They contented themselves for the meantime with ordering the commission for her examination to proceed with their duty.

1677.

TheFlorida, a large vessel of the Spanish Armada of 1588, carrying sixty guns, had been blown up and sunk in the Bayof Tobermory, in the island of Mull:255an old and consistent tradition represents it as having come to this fate by means of Smollett of Dumbarton, presumed to have been the ancestor of the celebrated novelist. The guns, treasure, and other valuable things, known or supposed to have been on board, made the incident a memorable one, and induced a desire, if possible, to weigh up the vessel, or at least to fish up from it such things as might be accessible to divers. In the seventeenth century, the recovery of sunk vessels and their contents was a favourite project among ingenious and adventurous men. The late Marquis of Argyle had obtained from the Duke of Lennox, Lord High Admiral of Scotland, a formal gift of this vessel, and had become ‘clad with possession’ by taking guns and other things out of it. In 1665, a more vigorous attempt was made to get up some of its treasures by the present Earl of Argyle, the immediate operator being, apparently, Maule of Melgum, a Forfarshire gentleman, who had invented an apparatus precisely of the nature of what was a century later revived as theDiving-bell. Another person engaged in the business was the almost sole active cultivator of physics in Scotland during this age—the celebrated George Sinclair, professor of philosophy in the University of Glasgow—who also obliged the world some years later with a treatise, entitledSatan’s Invisible World Discovered. Sinclair, in a work named below,256tells us that on this occasion they brought up three pieces of ordnance, one of brass, one of copper, and one of iron, two of which were eleven feet in length, and more things might have been recovered but for the coming on of tempestuous weather. He says they were surprised to find that the bullets employed for these guns were of stone, instead of metal.

July 27.

1677.

Hearing of these experiments of the Earl of Argyle, the eminent lawyer, Sir George Lockhart, prompted the Duke of York to claim the property as the present Lord High Admiral; and so there arose a litigation on the subject. Various arguments werepresented against Argyle’s right, particularly that to make possession complete it was necessary that he should have stirred the ship from the place where it was when his father got the gift. The earl himself appeared in court, and made a few remarks, shewing the large expense he had laid out on the discovery of the lost vessel, and concluding with a wish that it were brought above board ere any dispute took place about the property, ‘lest it should verify the story of the king of Spain’s gold.’ The court gave the case in favour of Argyle.

It is curious to find these two men engaged in such a plea only seven or eight years before standing in the relative positions of rebellious subject and vengeful sovereign. Still more curious it is to hear of this unpopular prince, that ‘he wrote down a very complimentary letter to Argyle, approving the justice of the lords’ sentence, and shewing his hearty compliance and acquiescence therein.’—Foun.

It is worthy of notice that after ‘unfortunate Argyle’ had passed from life—namely, in May 1686—a warrant was given by James VII. for a patent to William Harrington and three others, merchants of London, for enabling them to ‘weigh up, recover, and obtain from under water, in the roads and seas of Scotland, ships, or ship guns, treasure, and other goods, which have been shipwrecked, lost, and sunk, and particularly one ship of the Spanish Armada, sunk in the western seas of his majesty’s kingdom of Scotland’—the patent to endure for fourteen years.257

Oct. 1.

1677.

The Egyptians or gipsies still roamed in a lawless manner over the country, without attracting much notice from the authorities, their conduct being now probably less troublesome than it had been in the reign of King James. Two bands of these people, the Faws and the Shaws, on their way from Haddington fair to Harestanes, in Peeblesshire, where they expected to meet and fight two other tribes, the Bailies and Browns, fell out among themselves at Romanno about the spoil they had lately acquired, and immediately engaged in battle. ‘Old Sandie Faw, a bold and proper fellow,’ and his wife, then pregnant, were killed on the spot, while his brother George was very dangerously wounded. The Laird of Romanno apprehended ‘Robert Shaw; Margaret Faw, his spouse; James, Patrick, Alexander, and Thomas Shaws, their sons; and Helen Shaw, their daughter; Robert and John Faws;John Faw younger; Agnes and Isobel Shaws; Isobel Shaw younger; and George Faw, and did commit them prisoners within the Tolbooth of Peebles;’ whence they were speedily removed to Edinburgh to be tried. We soon after find the Council despatching a warrant to the Laird of Romanno and Mr Patrick Purdie, to send to Edinburgh ‘themoney,gold,gold rings, and other things which were upon these persons;’ likewise the weapons with which they had fought. An account of expenses sent by the magistrates of Peebles was disallowed, excepting only £15 Scots (£1, 6s. 8d. sterling) for the sustenance of the company while in jail.—P. C. R.

In February next year, ‘Old Robin Shaw’ and his three sons were hanged in the Grassmarket for this murder, and John Faw was executed in the following week for another murder. Two or three years after, the Laird of Romanno—a quaint physician named Pennecuik, who wrote verses—erected a pigeon-house on the scene of the conflict, with this inscription over the door:

‘The field of gipsy blood which here you see,A shelter for the harmless dove shall be.’258

‘The field of gipsy blood which here you see,A shelter for the harmless dove shall be.’258

‘The field of gipsy blood which here you see,A shelter for the harmless dove shall be.’258

‘The field of gipsy blood which here you see,

A shelter for the harmless dove shall be.’258

Nov. 3.

A great fire took place in Glasgow, by which a large part of the Saltmarket on both sides was burnt. It commenced near the Cross, through the instrumentality of a smith’s apprentice, who being beaten by his master, set the workshop on fire at night, and fled. This conflagration was considered an equal calamity to that of 1652. It threw between six and seven hundred families out of their homes, in a ruined and starving condition.—P. C. R.‘The heat was so great, that it fired the horologe of the Tolbooth. There being some prisoners in it, of whom the Laird of Carsland [Kersland] was one [who had been confined in various jails for eight years on account of his concern in the Pentland rising], the people broke open the doors, and set them free.... Great was the cry of the poor people, and lamentable to see their confusion.’—Law.

1677.

The Town Council, in a minute of December 4, speak of ‘the great impoverishment this burgh is reduced to’ by the fire, which they regard as a just punishment from God for their iniquities, ‘which we pray him to mak us sensible of, that we may turn from the evil of our ways to himself, so his wrath may be averted.’Yet, they go on to say, ‘because such things are more incident to burghs, by reason of their joining houses to houses ... especially being reared up of timber, without so much as the window of stone,’ therefore the Council think it well to enact that whenever any of the people are in a condition to rebuild their houses, they shall rebuild them of stone.—M. of G.On a petition from the magistrates, the Privy Council ordered a charitable collection to be made throughout the country for the poor starving people.

It does not appear that the engine made in 1657 for quenching of fire was of any use on this occasion. It had probably been allowed to fall out of order, as in December 1680, we find an order from the Town Council to ‘see if it can be yet made use of in case of need.’—M. of G.In 1725, another fire-engine was got from London, at an expense of £50.—Strang.

1677.

The late Laird of Ayton, in Berwickshire, had left an only daughter, under age, in the care of the Countess of Home. He had bequeathed to this young lady, Jean Home, his whole estate, though it was more customary in such cases in Scotland to destine land-property to the next heir-male. Home of Plendergast, who stood in that relation, was of course disappointed, but he hoped that a reparation might be made by the young lady marrying a member of his own family. When, in December 1677, the time approached for her choosing her curators—being then, we presume, twelve years of age—Plendergast presented a petition to the Privy Council, desiring that she should be brought as usual to their bar in order to pass through that ceremony in the presence of her general kindred. This gentleman, however, appears to have been in disfavour with the other gentlemen of his name in that province, as well as with the Countess of Home and Charles Home, the brother of the earl, with whom the young lady of Ayton at that time lived. On the evening of the very day when the petition was presented to the Council, Charles Home, accompanied by Alexander Home of Linthill, Sir Patrick Home of Polwarth, John Home of Ninewells, Robert Home of Kimmerghame elder, and Joseph Johnston of Hilton, proceeded to the residence of the young lady, and carried her off across the Border. ‘There they, in a most undutiful and unchristian manner, carried the poor young gentlewoman up and down like a prisoner and malefactor, protracting time till they should know how to make the best bargain in bestowing her, and who should offer most.They did at last send John Home of Ninewells259to Edinburgh, and take a poor young boy, George Home, son to Kimmerghame, out of his bed and marry him to the said Jean, the very day she should have been presented to the Council.’ The ceremony was wholly irregular, and performed by an English minister, ‘opening thereby a new way to slight the clergy of Scotland.’ At the same time, the countess appeared before the Council, and apologised for the absence of her ward, ‘as being sickly and tender, and not able to travel, and not fit for marriage for many years to come.’

1678.Mar. 16.

The Council took this matter up in high style, and dealt with the offending parties in strict terms of the statutes which they had broke. The young husband lost his interestjure mariti; the young wife hersjure relictæ. The former was fined in £500 Scots, and the latter in a thousand merks, for their clandestine marriage. Further, for contempt of the Council, the young wife was fined in a thousand merks, to be paid to Home of Plendergast. Ninewells and Hilton suffered amercement respectively in 1000 and 2000 merks, the former sum to be paid to Plendergast. The young couple were, moreover, to suffer three months’ imprisonment in Edinburgh Castle.—P. C. R.

1678.Mar. 7.

Three enterprising persons at Haddington, including William Lamb, one of the bailies, and Mr James Lauder, sheriff-clerk, formed a project for a twice-a-week stage-coach ‘to pass through the whole year betwixt Edinburgh and Haddington, which will be of great conveniency for travellers of all sorts who may have occasion to repair to Edinburgh from the eastward.’260It was their resolution ‘to employ a considerable stock of money for erecting the said stage-coaches, buying of horses, and all other furniture requisite, in expectation of some small profit by progress of time.’ Wherefore they petitioned for the exclusive right to have stage-coaches upon that road. The right was granted for seven years.—P. C. R.

July 29.

1678.

A very few months after this date, William Hume, merchant in Edinburgh, appears to have set up a stage-coach between his own city and Glasgow, encouraged thereto by the liberality of the two municipalities. The city of Glasgow undertook to pay four hundred merks annually for two years.—M. of G.Humeproposed that his conveyance should carry only six passengers, at £4, 16s. Scots each in summer, and £5, 8s. in winter (respectively 8s. and 9s. sterling), being at the rate of 2s. 8d. a mile in summer, and 3s. in winter. The Privy Council, on his petition, gave him an exclusive privilege for seven years, and assured him against his horses being pressed for any kind of public service.—P. C. R.

These are the first conveniences of the kind we hear of as established between one place and another in Scotland, except the coach between Edinburgh and Leith, first in December 1610, and secondly in September 1660 (which see). It is, however, probable that none of all these enterprises proved successful, or was carried on for any considerable length of time. A traveller in Scotland in 1688 tells us: ‘Stage-coaches they have none.... The truth is, the roads will hardly allow them those conveniences, which is the reason that their gentry, men and women, choose rather to use their horses. However, their great men often travel with coach and six, but with so much caution, that, besides their other attendance, they have a lusty running footman on each side of the coach, to manage and keep it up in rough places.’ It is added: ‘This carriage of persons from place to place might be better spared, were there opportunities and means for the speedier conveyance of business by letters. They have no horse-posts besides those which ply betwixt Berwick and Edinburgh, and from thence to Port-Patrick for the sake of the Irish packets.... From Edinburgh to Perth, and so to other places, they use foot-posts and carriers, which, though a slow way of communicating our concerns to one another, yet is such as they acquiesce in till they have a better.’261

What makes it the more improbable that William Hume’s enterprise was successful, notwithstanding the well-meant patronage of the Glasgow magistrates, is that, in October 1743, the Town Council of the western city was found considering a similar project of one John Walker, merchant in Edinburgh, who proposed to ‘erect’ a stage-coach betwixt the two cities, with six horses, and holding six passengers, to go twice a week from the one to the other in summer, and once in winter. The corporation was called upon to guarantee that as many astwo hundred ticketsshould be sold each year. The proposal does not appear to have been entertained.

1678.

In 1749, a caravan—a kind of covered spring-cart—passed twice a week from the one city to the other, taking a day and a half to the journey!—Strang.

May 2.

Two old women, belonging to the village of Prestonpans, were tried for witchcraft by a commission, and, ‘on their confession,no ways extorted, were burnt.’ Before their death, they gave information regarding some other persons who, they said, were also witches; and, one telling on another, there were in September as many as eight or ten collected from the parishes of Ormiston, Pencaitland, and Crichton, besides seven who belonged to Loanhead of Lasswade. The justices shewed a disinclination to treat all these poor creatures as witches; and Sir John Clerk of Pennicuik—first baronet of a family which has produced many scholars, judges, antiquaries, and men of general talent—declined to be upon the commission appointed for the seven of Loanhead, ‘alleging drily that he did not feel himself warlock (that is, conjuror) enough to be judge upon such an inquisition.’262The leniency of the justices was cried out upon by some, as interfering with the discovery of these enemies of mankind. As usually happened, the accused made confession of guilt, telling much the same story of intercourse with the devil, renouncing their baptism, and going about in the form of ravens, &c., as was set forth by the witches of Auldearn in 1661—a traditionary set of hallucinations, they may be called, the uniformity of which ought in itself to have put judges sooner on their guard against a misjudgment of these unfortunate beings. Fountainhall, who conversed with a few of the present group, speaks somewhat rationally about them, and it is evident he was inclined to regard their adventures with the devil as mere dreams. ‘Only,’ he says, ‘in these diabolic transports their sleep is so deep, that no pinching will awake them scarce’—an intimation, some will think, of the sleep being mesmeric. Sad to say, however, nine of the East Lothian women were condemned on their confession, although seeming rational and penitent; and were burnt, five between Edinburgh and Leith, and four at Painston, while the seven of Loanhead were reserved for future procedure.

1678.

The statement of this case has induced Fountainhall to mention one or two others by way of digression. In the time of JamesVI., a Scottish gentleman, being troubled with a disease, sought relief from a magician in Italy, but was told he need not have come so far from home, as there was a person in Scotland who could cure him, and this person he particularly described, so that the gentleman might know him. Some years after, being returned, the patient met, on the Bridge of Earn, one to whom the description in every particular applied; and, having accosted him, and asked for his aid, he was cured by this stranger with a few simple herbs. The story being told, the curer of the disease was prosecuted as a necromancer, in compact with the devil, and found guilty, notwithstanding his protestation that the cure was natural, and the devil’s having named or described him was no fault of his. In this narration, the reader will recognise a story which has been told with many variations, as to person, place, and circumstances, but always with the assumption of what would now in certain circles be described as an exercise of the power ofclairvoyanceregarding a person unknown and living at a great distance.

1678.

The other story is even more curious in its details. Fountainhall says: ‘As for the rencontre between Mr Williamson, schoolmaster at Cupar (he has writ a grammar), and the Rosicrucians, I never trusted it till I heard it from his own son, who is present minister of Kirkcaldy.’ A stranger coming to Cupar called for Mr Williamson, and they went to drink together at a tavern. When the reckoning came to be paid, the stranger whistled for spirits, and one in the shape of a boy came and gave him some gold. It is to be remarked that no servant had been seen attending the stranger while riding into the town, or at his inn. ‘He caused his spirits next day bring him noble Greek wines from the pope’s cellar, and tell the freshest news then was at Rome.’ Some time after, Mr Williamson, being in London, and passing along London Bridge, heard himself called by name, and turning about, discovered it was his Rosicrucian. At the request of the stranger, he met him at dinner in a house to which he was directed, and there found a magnificently spread table, with a company of good fashion, all being served by spirits. The conversation turned on the advantage of being served by spirits, and Mr Williamson was asked to join their happy society; but he started back with dismay, when it was mentioned as a necessary preliminary, that he shouldabstract his spirit from all materiality, and renounce his baptism. In his alarm, he fell a praying, whereupon they all disappeared. He was then in anew alarm, dreading to have to pay a huge reckoning; but the boy who answered his summons, told him that ‘there was nothing to pay, for they had done it, and were gone about their affairs in the city.’ It is barely necessary to remark to those who have seen and believed in the wonders of what is called electro-biology, there is nothing in Mr Williamson’s case which might not be explained on that principle—namely, a condition of brain artificially produced, in which the suggestion of objects and events is enough to make the patient believe them real.

After this date, witch-cases before the high court are rare, and there had evidently set in a disrelish for such prosecutions. The fact may reasonably be attributed in some degree to the publication, in 1677, of Webster’s rational treatise,The Displaying of Supposed Witchcraft.

July 19.

James Gray, a ‘litster,’ that is, dyer, in Dalkeith, went to Glasgow in March this year as a lieutenant in the Midlothian Militia. He there met, over a bottle, a young man, named Archibald Murray, son of the Laird of Newton, and who was a trooper in the king’s Life Guard. When heated with liquor, Gray began to boast that to be a lieutenant under the Duke of Lauderdale was as good as to ride in the king’s Life Guard—rather a petulant speech from a Dalkeith craftsman to the son of a laird in its neighbourhood. Murray stormed and called him a base fellow, to compare himself with gentlemen! They went out and fought, and Gray soon returned, saying: ‘I trow I have pricked him,’ never imagining that he had taken the young man’s life. Such, however, proved to be the case. Gray, who was a handsome, vigorous man, of about fifty, was tried for the act, and much interest was felt in his behalf, as it was believed that he had meant nothing like murder. Five thousand merks were offered to the friends of the deceased, by way of assythment. But all was in vain. On the day noted in the margin, ‘he was beheaded, dying with courage, and declaring that ambition, leading to discontents and quarrels,joined to marrying an old woman, had ruined him.’—Foun.

Aug. 15.

1678.

Scotland now had a visitor of an extraordinary kind. In a petition presented to the Privy Council, he described himself as Mercurius Lascary, a Grecian priest, a native of the island of Samos. He stated that himself, his brother Demetrius, who was also a priest, and two sons, had been seized by night byAlgerine pirates; and his brother had now been detained for three years in a most miserable condition in Barbary. Testimonials from the patriarch of Constantinople and various Greek bishops confirmed this sad tale; and on his petition, a general charitable contribution was ordered to be raised in his behalf.—P. C. R.

Sep. 12.

In the history of the introduction of the more refined arts into Scotland, there is no reason why one so ingenious ascabinet-makingshould not be included. We now first hear of it on the occasion of a petition from one James Turner, styling himself ‘cabinet-maker and mirror-glass maker.’ He having, as he says, ‘with much labour, pains, and expenses, attained to the art of making cabinets, mirror-glasses, dressing-boxes, chests of drawers, comb-boxes, and the like curious work, of the finest olive and princes’ wood, not formerly practised by any native of this country,’ had been peaceably exercising his craft, when he was assailed by the deacon of the corporation of wrights as an unfreeman. He had first been forbidden to work, and then they took away his tools and materials. On his petition, however, he received the protection of the Council.—P. C. R.

Not long after (February 1682), we hear of a kindred trade as being practised in Edinburgh. Hugh M‘Gie,mirror-makerin the Canongate, gave in a bill to the Privy Council, representing that, by the practice of other nations, any tradesman having seven sons together, without the intervention of a daughter, is declared free of all public burdens and taxes, and has other encouragements bestowed on him, to enable him to bring up the said children for the use and benefit of the commonwealth; and claiming a similar privilege on the strength of his having that qualification. The Council recommended the magistrates to take Hugh’s seven sons into consideration when they laid their ‘stents’ upon him.—Foun.

Some years later (January 1685), Turner being again troubled by the wrights’ corporation, the Privy Council, on his producing an essay piece of ‘an indented cabinet and standishes,’ gave him a licence to set up as a freeman.—Foun. Dec.

Sep. 13.

1678.

At Prestonpans dwelt a respectable old widow named Katharine Liddell, or Keddie. During the late panic in East Lothian regarding witches, she had been seized by John Rutherford, bailie of Prestonpans, as one liable to suspicion of that crime.With the assistance of a drummer, two salt-makers, and other persons, he barbarously tormented her in prison in order to extort a confession, ‘by pricking of pins in several parts of her body, to the great effusion of her blood, and whereby her skin is raised and her body highly swelled, and she is in danger of her life.’ She had also been kept from sleep for several nights and days. It was not till she had undergone this treatment for six weeks, that on her petition an order was obtained from the Privy Council for her liberation.

There must have been some unusual force of character about Katharine Liddell, for not only had she stood her tortures without confessing falsehood, as most of her sister unfortunates did, but she turned upon her tormentors by presenting a petition to the Council, in which she charged them with defamation, false imprisonment, and open and manifest oppression, and demanded that they should be exemplarily punished in their persons and goods. After hearing the accused in answer, the Council declared Liddell entirely innocent and free, and condemned Rutherford and his associates for their unwarrantable proceedings. In respect, however, of ‘the common error and vulgar practice of others in the like station and capacity,’ they let him off without any punishment. ‘David Cowan, pricker,’ the most active of the tormentors, they sentenced to be confined during pleasure in the Tolbooth.—P. C. R.

Oct.

At this time, eighty persons were detained in prison in Edinburgh, on account of matters of religion, waiting till they should be transported as slaves to Barbadoes.263—Foun. Dec.

In connection with this distressing fact may be placed one of a different complexion, which Fountainhall states elsewhere. The magistrates, he tells us, were sensible of the inadequacy of their Old Tolbooth for the purposes of justice in these days of pious zeal. Consequently, one Thomas Moodie leaving them twenty thousand merks to build a church, they—declaring ‘they have no use for a church’—offered to build with the money a new Tolbooth, above the West Port, ‘and to put Thomas Moodie’s name and arms thereon!‘—Foun.

1678.

In the entire history of the municipality of Edinburgh, this isnot the worstof its attempts at the perversion of funds intended for the building of a church. And it really appears that ourancestors looked upon the building of a jail as a public act of some dignity and importance.Patriae et Posteris[for our country and posterity] is the self-complacent inscription on the front of the Canongate Tolbooth.

Nov. 13.

A civil process of this date between Sir R. Hepburn of Keith and David Borthwick his tenant, reveals the fact that lime was ‘the usual way of improving and gooding land in East Lothian, at least in that corner of it.’—Foun. Dec.

1679.

So early as 1590 a foreigner came to Scotland, and applied for some encouragement to his design of erecting a paper-work within the kingdom.264There is reason to believe that this design proved abortive, and that there was no further attempt at a native manufacture of paper till 1675, when a work was established at Dalry Mills, a place on the Water of Leith, in the immediate vicinity of Edinburgh. This work obtained the benefit of an act passed in 1662, offering privileges to those who should erect such manufactories within the kingdom, and French workmen were introduced as necessary for the instruction of the natives. After suffering a temporary stoppage in consequence of the burning of the buildings, the work was again in such a condition in 1679, that it was able, according to the statement of its owners, to produce ‘gray and blue paper much finer than ever this country formerly offered to the Council.’

Mar. 7.

1679.

At this date, Alexander Daes, merchant, one of the proprietors, presented a petition setting forth how this work not only supplied good paper, but promised another general usefulness in the ‘improvement of rags, which formerly were put to no good use,’ and in the gathering of which many poor and infirm people could make their bread: in the work itself, moreover, ‘many Scotsmen and boys are already, and many mo may be, instructed in the art of making paper.’ There was but one thing wanting for the due encouragement of the work, and that was the suppression of ‘a faulty custom, not practised anywhere else,’ of employing fine rags in the making of wicks for candles. This custom, it was alleged, involved a cheat to the lieges, in as far as these rags, not exceeding eight or ten shillings (8d. or 10d. sterling) per stone in value, formed part of the weight of the candles, of which the price was three pounds ten shillings (5s. 10d.sterling). It was represented that cotton-wicks should be employed, which, if dearer, were also better, as they gave more light. Thus it was that, in those days, hardened as every one was in the spirit of monopoly, one trade made no scruple in interfering with another, if its own selfish ends could thereby be advanced.

The Council did actually ‘discharge the candlemakers to make use of clouts and rags for the wicks of candles.’

A subordinate branch of the petition for an extension of the time during which the privileges granted by statute were to last, was silently overlooked.—P. C. R.

There is reason to conclude that this paper-mill was not continued, and that paper-making was not successfully introduced into Scotland till the middle of the succeeding century.

July 11.

Robert Mean, keeper of the letter-office in Edinburgh, was brought before the Privy Council, accused of ‘sending up abye-letterwith the flying packet upon the twenty-two day of June last, giving ane account to the postmaster of England of the defeat of the rebels in the west, which was by the said postmaster communicated to the king before it could have been done by his majesty’s secretary for Scotland, and which letter contains several untruths in matter of fact.’ Notwithstanding an abject apology, Mean was sent to the Tolbooth, there to remain during the Council’s pleasure.—P. C. R.

Mr Mean’s office was at this time a somewhat critical one. On the 19th of August 1680, he was imprisoned by a committee of the Privy Council ‘for publishing the news-letter before it was revised by a councillor or their clerk; though he affirmed he had shewn it to the Earl of Linlithgow before he divulged it.’ What offended them was a false piece of intelligence contained in it, to the disparagement of the Duke of Lauderdale. Robert was liberated in a day or two with a rebuke.265

1679.

The bringing of the news of the defeat of the rebels at Bothwell Bridge seems to have been looked upon as a matter of a high degree of consequence. The instrument was one James Ker, a barber in the Canongate, who acted as a messenger between the royal army and the capital, under favour of the Chancellor Duke of Rothes, whom he had perhaps attended professionally in Holyroodhouse. The lords of the Privy Council were so over-joyedat the intelligence, that they promised James some signal mark of their gratitude; and he soon after asked them, by way of discharging the obligation, to get him entered as a freeman in the city corporation of chirurgeons. They used influence with the deacon of this important body to get Ker’s wish gratified; but it could not be done—he had not served the proper apprenticeship. He went to London, and petitioned the king on the subject, ‘who, finding that the corporation stuck upon their privilege, was graciously pleased to refer [him] back to the Council, to be rewarded as the Council should judge fit.’ Upwards of three years after (December 14, 1682), he is found petitioning the Council for this suitable reward, representing that by the expense of his journey to London and the loss of his employment, he and his wife and numerous family had been reduced to ‘great straits and necessity.’ They could only refer him to the Bishop of Edinburgh, that he might deal with the magistrates, to see their first recommendation made effectual.—P. C. R.

In 1673, two brothers, probably of English birth, Edward Fountain of Lochhill and Captain James Fountain, had their patent formally proclaimed throughout Scotland, asMasters of the Revels within the kingdom. They thus possessed a privilege of licensing and authorising balls, masks, plays, and such-like entertainments; nor was this quite such an empty or useless privilege as our traditionary notions of the religious objections formerly cherished against public amusements might have led us to suppose.

July 24.

At the date noted, the two Fountains petitioned the Privy Council against sundry dancing-masters who took upon them to make ‘public balls, dances, masks, and other entertainments in their schools, upon mercenary designs, without any licence or authority from the petitioners.’ It was set forth that this practice not only invaded their privileges, but tended to ‘the eminent discouragement ofthe playhouse,’ which ‘the petitioners had been at great charge in erecting.’ Agreeing with the views of the petitioners, the Council ordered all dancing-masters to desist from the above-described practice, and in particular prohibited ‘Andrew Devoe to keep any ball to morrow, or at any other time,’ without proper licence.—P. C. R.

1679.

This as far as I am aware, is the only notice we possess of a theatre in Edinburgh about 1679. It sounds strange to hear of a dancing-master’s ball in our city little more than a month after the battle of Bothwell Bridge, and while a thousandpoor men were lodging on the cold ground in the Greyfriars’ Church-yard.

We find in September 1680 the two Fountains adverting to their playhouse as still kept up—‘at great expenses;’ and they then petition for redress against such as ‘keep public games, plays, andlotteries’ without that licence which they, as masters of the revels, were alone entitled to grant. The Council on that occasion directed letters of horning to be issued against the persons complained of. Soon after, February 10, 1681, Andrew Devoe, who made his bread by teaching the children of noblemen and gentlemen to dance, complained that he was troubled by the two Fountains demanding from him that he should give caution not to have any more balls in his school. It was an unheard-of thing in Europe, in Andrew’s opinion, that a school-ball should be regarded as an infringement of the patent of a master of revels. The Lords, entering into his views, ordered that any former acts they had passed in favour of the Messrs Fountain should be held as restricted topublicshows, balls, and lotteries.

The privilege of the Messrs Fountain must have in time become an insupportable grievance to the lieges, or at least such of them as were inclined to embroider a little gaiety on the dull serge of common life. While the parliament sat in August 1681, an act was projected, though not brought forward, to complain of some oppressive monopolies, and ‘particularly of Mr Fountain’s gifts as Master of the Revels, by which he exacts so much off every bowling-green, kyle-alley, &c., through the kingdom, as falling under his gift of lotteries.’266In June 1682, Hugh Wallace appeared before the Privy Council as agent for ‘the haill royal burghs of the kingdom,’ shewing that individuals were daily charged by these gentlemen ‘upon pretence of gaming at cards and dice, and other games, or having such plays at their houses,’ acting thus on the pretended powers derived from certain general letters of the Council, and proceeding in due course to hornings and captions where their demands for money were not complied with. The Council ordained letters to be directed to the Masters of the Revels, if the petitioner could ‘condescend upon particular acts of exaction.’


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