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Appendix I: the Scottish Witchcraft Act, 4 June 1563

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Appendix I: the Scottish Witchcraft Act, 4 June 1563 Appendix I: The Scottish Witchcraft Act, 4 June 1563 Anentis Witchcraftis ITEM Forsamekill as the Quenis Majestie and thre Estatis in this present Parliament being informit, that the havy and abominabill superstitioun usit be divers of the liegis of this Realme, be using of Witchcraftis, Sorsarie and Necromancie, and credence gevin thairto in tymes bygane aganis the Law of God: And for avoiding and away putting of all sic vane superstitioun in tymes tocum: It is statute and ordanit be the Quenis Majestie, and thre Estatis foirsaidis, that na maner of persoun nor persounis, of quhatsumever estate, degre or conditioun they be of, tak upone hand in ony tymes heirefter, to use ony maner of Witchcraftis, Sorsarie or Necromancie, nor gif thame selfis furth to have ony sic craft or knawlege thairof, thairthrow abusand the pepill: Nor that na persoun seik ony help, response or cosultatioun at ony sic usaris or abusaris foirsaidis of Witchcraftis, Sorsareis or Necromancie, under the pane of deid, aslweill to be execute aganis the usar, abusar, as the seikar of the response or consultatioun. And this to be put to executioun be the Justice, Schireffis, Stewartis, Baillies, Lordis of Regaliteis and Rialteis, thair Deputis, and uthers Ordinar Jugeis competent within this Realme, with all rigour, having powar to execute the samin. 329 Appendix II: The Witchcraft Act, 1735 9 Geo. 2 c. 5 An Act to repeal the Statute made in the First Year of the Reign of King James the First, intituled, An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits, except so much thereof as repeals an Act of the Fifth Year of the Reign of Queen Elizabeth, Against Conjurations, Inchantments, and Witchcrafts, and to repeal an Act passed in the Parliament of Scotland in the Ninth Parliament of Queen Mary, intituled, Anentis Witchcrafts, and for pun- ishing such Persons as pretended to exercise or use any Kind of Witchcraft, Sorcery, Inchantment, or Conjuration. Be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the Statutue made in the first Year of the Reign of King James the First, intituled, An Act against Conjuration, Witchcraft, and dealing with evil and wicked Spirits, shall, from the Twenty-fourth Day of June next, be repealed and utterly void and of none Effect (except so much thereof as repeals the Statute made in the Fifth Year of the Reign of Queen Elizabeth, intituled, An Act against Conjuration, Inchantments and Witchcrafts). II. And be it further enacted by the Authority aforesaid, That from and after the said Twenty-fourth Day of June, the Act passed in the Parliament of Scotland, in the Ninth Parliament of Queen Mary, intituled, Anentis Witchcrafts, shall be, and is hereby repealed. III. And be it further enacted, That from and after the said Twenty-fourth Day of June, no Prosection, Suit, or Proceeding, shall be commenced or car- ried on against any Person or Persons for Witchcraft, Sorcery, Inchantment or Conjuration, or for charging another with any such offence, in any Court whatsoever in Great Britain. IV. And for the more effectual preventing and punishing of any Pretences to such Arts and Powers as are before mentioned, whereby ignorant Persons are frequently deluded and defrauded; be it further enacted by the Authority aforesaid, That if any Person shall, from and after the said Twenty-forth Day of June, pretend to exercise or use any kind of Witchcraft, Sorcery, Inchantment or Conjuration, or undertake to tell Fortunes, or pretend from his or her Skill or Knowledge in any occult or crafty Science, to discover where or in what Manner any Goods or Chattels, supposed to have been stolent or lost, may be found, every Person so offending, being thereof law- fully convicted on Indictment or Information in that part of Great Britain 330 Appendix II: The Witchcraft Act, 1735 331 called England, or on Indictment or Libel in that part of Great Britain called Scotland, shall for every such offence suffer Inprisonment by the Space of one whole Year without Bail or Mainprize, and once in every Quarter of the said Year in some Market Town of the proper County, upon the Market Day, there stand openly on the Pillory by the Space of One Hour, and also shall (if the Court by which such Judgement shall be given shall think fit) be obliged to give Sureties for his or her good Behaviour, in such Sum, and for such Time, as the said Court shall judge proper according to the Circumstances of the Offence, and in such case shall be further imprisoned until such Sureties be given. Bibliography Unpublished manuscripts DGA, CH2/537/14. St. Michael’s Kirk Session Dumfries 1668–1688. DGA, CH2/537/15/1. St. Michael’s Kirk Session Du mfries 1689–1698. DGA, CH2/537/15/2. St. Michael’s Kirk Session Dumfries 1699–1712. DGA, CH2/1284/2. Records of the Presbytery of Dumfries 1687–1695. DGA, CH2/1284/3. Records of the Presbytery of Dumfries 1695–1701. DGA, CH2/1284/4. Records of the Presbytery of Dumfries 1701–1710. NAS, CC2/2/109. Argyll Commissary Court 1700 –1825. NAS, CC2/2/113/6. Argyll Commissary Court 1700–1825. NAS, CH2/185/2. Haddington Presbytery Minutes. NAS, CH2/197. Irvine Presbytery Records. NAS, CH2/214/1. Kilmory Kirk Session Minutes. NAS, CH2/296/1. Pencaitland Kirk Session Records. NAS CH2/355/2. Torryburn Kirk Session Records. NAS, CH2/373/1. Register of the Presbytery of Wigtown. NAS, CH2/625/2. Anstruther Kirk Session Records. NAS, CH2/833/3. Pittenweem Kirk Session Records. NAS, CH2/1071/1–2. Scalloway Presbytery Records. NAS, CH2/1131/1699–1705. St Andrews Presbytery Records. NAS, CH2/1132/21. St Andrews Presbytery Records. NAS, CH2/1290/1. Presbytery of Dornoch Minutes. NAS, GD23/6/300. Bught Correspondence, no. 285. Letter from James Grant (of Redcastle) to James Grant (of Bught), (20 June 1794). NAS, GD/124/15/1263. MS. “Account of the Highlanders and Highlands by Lord Grange for Viscount Townshend, Secretary of State”. 29 Dec 1724, 2 Jan 1725. NAS, GD103/2/3/17/1. Letter from Robert Wylie to William Hamilton, laird of Wishaw, (16 June 1697). NAS, GD190/3/279. Letter to David Smyth (19 Nov 1716). NAS, JC2/10. Books of Adjournal. NAS, JC2/11. Books of Adjournal. NAS, JC2/13. High Court Process Notes. NAS, JC2/14. High Court Process Notes. NAS, JC2/15. Books of Adjournal. NAS, JC2/19. High Court of Justiciary, Books of Adjournal. NAS, JC3/1. Books of Adjournal. NAS, JC3/1/87–8. Books of Adjournal. NAS, JC10/3. Circuit Court Books. NAS, JC10/4. High Court of Justiciary, Circuit Court Minute Book. NAS JC26/38. Process Notes. NAS, JC26/81/D2. Process Notes. NAS, JC26/81/D9. Process Notes. NAS, JC26/86. Process Notes. NAS, PC1/51. Privy Council, acta. 332 Bibliography 333 NAS, PC1/53. Privy Council. NAS, SC20/5/1. Sherriff Court Records. NAS, SC62/10/13. Sherriff Court Records. NAS, SC62/10/14. Sherriff Court Records. New College Library, Edinburgh. McCulloch, William. Examination of Persons under Scriptural Concern at Cambuslang during the Revival in 1741–2 by the Revd. William McCulloch, Minister of Cambuslang. ‘The McCulloch Manuscripts’ MS. W 13.b.212. NRS, CH2/82/2. Cupar Presbytery Records. SCA, Stirling Presbytery Records, CH2/722/5. SCA, Stirling Holy Rude Kirk Session Records 1597 –1968. Printed primary material Anon. A History of the Witches of Renfrewshire. A New Edition. With an Introduction, Embodying Extracts Hitherto Unpublished from the Records of the Presbytery of Paisley. Paisley: Alex. Gardner, 1877. Anon. An Answer of a Letter from a Gentleman in Fife. Edinburgh: n.p., 1705. Anon. Narrative of the Sufferings and Relief of a Young Girl in the West (Christian Shaw, the Laird of Bargarran’s Daughter), with Trial of the Seven Witches Condemned to be Execute at Paisley. Edinburgh: Watson, 1698. Anon. A Narrative of the Sufferings and Relief of a Young Girl Strangely Molested by Evil Spirits and their Instruments in the West: Collected from Authentic Testimonies, with a Preface and Postscript, Containing Reflections in What Is Most Material or Curious, Either in the History or Trial of the Seven Witches Who Were Condemned and Burnt in the Gallow-Green of Paisley. Paisley: Alexander Weir, 1775. Anon. Newes from Scotland. 1591 . London: The Bodley Head, 1924. Anon. Remarkable Trial of Jean Maxwell, the Galloway Sorceress; Which Took Place at Kirkcudbright on the Twenty-Eighth Day of June last, 1805; For Pretending to Exercise Witchcraft, Sorcery, Inchantment, Conjuration, &c. Kirkcudbright: Alexander Gordon, 1805. Anon. Mr Taylor’s Case Stated, or a Just Reply to a Book, Intituled, a Vindication of Mr John Taylor Minister of Wamphray. Dumfries: Robert Rae, 1718. Anon. A True and Full Relation of the Witches at Pittenweem. To Which Is Added by Way of Preface, an Essay for Proving the Existence of Good and Evil Spirits, Relating to the Witches at Pittenweem, Now in Custody, with Arguments against the Sadducism of the Present Age. Edinburgh: John Reid, 1704. Anon. Witchcraft Proven, Arreign’d, and Condemn’d in Its Professors, Professions and Marks: By Diverse Pungent, and Convincing Arguments, Excerpted Forth of the Most Authentick Authors, Divine and Humane, Ancient and Modern. By a Lover of the Truth. Glasgow: Robert Sanders, 1697. Adams, W. H. Davenport. Witch, Warlock, and Magician: Historical Sketches of Magic and Witchcraft in England and Scotland. London: Chatto and Windus, 1889. Ady, Thomas.
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