Heritable jurisdictions were abolished in Scotland soon after the
Stuart rising of 1745. This privilege, enjoyed till then by many
landowners north of the Tweed, was popularly known as the "right of
pit and gallows," the pit being for the drowning of women and the
gallows for the hanging of men. In 1679, a certain woman, Janet
Grant by name, was convicted of theft in the baronial court of
Sir Robert Gordon of Gordonstone, held at Drainie, in Elginshire,
and was sentenced to be drowned in Spynie Loch. In this and other
similar cases water was used as a means of execution. In the case of
witchcraft it was called in as a witness in the trial. The criminal
proceedings for the detection and punishment of so-called witches form
a painfully dark chapter in Scottish history. As Mr. W. H. Davenport
Adams pointedly puts it, in his "Witch, Warlock, and Magician," "The
common people for a time might have been divided into two classes,
'witches and witchfinders.'" The same writer observes, "Among the
people of Scotland, a more serious-minded and imaginative race
than the English, the superstition of witchcraft was deeply rooted
at an early period. Its development was encouraged not only by the
idiosyncracies of the national character, but also by the nature of
the country and the climate in which they lived. The lofty mountains,
with their misty summits and shadowy ravines, their deep obscure glens,
were the fitting homes of the wildest fancies, the eeriest legends,
and the storm--crashing through the forests, and the surf beating on
the rocky shore, suggested to the ear of the peasant or fisherman the
voices of unseen creatures--of the dread spirits of the waters and
the air." A favourite method of discovering whether an accused person
was guilty or not, was that technically known as pricking. It was
confidently believed that every witch had the "devil's mark" somewhere
on her person. The existence of this mark could be determined: for if a
pin was thrust into the flesh with the result that neither blood came,
nor pain was felt, the spot so punctured was the mark in question. This
showed, without doubt, that the accused was guilty of the heinous
crime laid to her charge. Charles Kirkpatrick Sharpe, in his "History
of Witchcraft in Scotland," gives instances of the finding of the
"devil's mark." He mentions the case of Janet Barker, a servant in
Edinburgh, who acknowledged that she possessed this particular mark
between her shoulders. A pin was stuck into the spot and remained
there for an hour without her being aware of its presence. Such, at
least, was the way of stating the case in 1643. With this simple test
at command it is not easy to understand why water should have been
required to give evidence. But so it was. Among various nations the
water-ordeal has been in fashion. It was specially popular in Scotland
a couple of centuries ago. Part of the bay at St. Andrews is still
styled the Witches' Lake, recalling by its name the crude notions and
Public-domain text, read in full here on John Shaqi.
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