The Procedure for Witch Trials
in Scotland in the 16th Century.

When the clergy had done with the accused and made their report, there was a precognition taken before the Privy Council, and here the evidence of superstitious neighbours was taken down. the supposed witch was then put into solitary confinement, and there subjected to cold and hunger, deprived of the common necessaries of life, and deserted by relatives and friends.

The most common way of obtaining the so-called confession was to deprive the subject of sleep. An iron collar - a witch's bridle - was put on her head and the iron prongs forced into her mouth. She was sometimes kept in that position for days, until she was ready to confess anything so that she might have her pain ended by the death which she felt was sure to follow the confession.

The confession thus exorted was the substance of the case for the prosecution.

The court compared the dittay or indictment and the confession, and then heard any written or oral testimony the prosecution cared to adduce, and of course returned a verdict of "Culpable and fylit" (in other words guilty). The Dempster then pronounced that she be brought to the place of execution (in Edinburgh it was the Castlehill) and there be strangled at a stake and then burnt to ashes, and her whole goods "escheat and forfeited to the King's use."

When application was made to the Privy Council for a commision to try witches and put them to death the application was granted, and in one case at least the following instructions were given to the commissioners appointed :-

"Information how to proceed in the trial of the witches after commission granted to judge them.
A jury must be summoned by a warrant subscribed by the commisioners named in the commision, of fifteen honest men. A dempster of court must be created and sworn; and then the court must be fenced. Then the panels brought and charge read.
But before the reading of the charge the names of the jurors must be called.
After the reading of the charge the panels must be asked if they confess the charge to be true. And if confess, the jury must be called and sworn; but before they be sworn, the panels must be asked if they have anything to say against them.
After they have sworn they must inclose themselves till they give out there verdict. The jury must choose a foreman, who must pronounce the verdict and subscribe it. After all, the commissioners must pronounce the sentence.

"Before the court be fenced a procurator fiscal must be chosen and sworn, who must give in the charge and roll of the jurymen to the clerk, and must take instruments upon witch's confession, the swearing of the jury and their verdict, and upon the sentence.
The sentence must run :- 'That forasmuch as ................... are found guilty by a jury of the horrid crime of witchcraft contained in the charge, therefore the commissioner appointed by His Majesty's Privy Council for trying the persons ..................... do by the mouth of ....................... their dempster, ordain and adjudge the said persons to be taken upon the ....... day of .......... to the ............ and there they to be strangled to a stake and their bodies burnt to ashes, and their moveable goods to belong to His Majesty.'"

In 1662, women in Strathglass, Inverness-shire, were accused of witchcraft, and complaint was made that the commissioners;

"most cruelly and barbarously tortured the women by waking, hanging them up by the thumbs, holding the soles of their feet to the fire, burning of them, and drawing of others at a horse's tail, binding them with withes about the neck and feet and carrying them so alongst on horseback to prison, wherby, and by other torture, one of them became distracted, another of then removed by death, and all of them have confessed whatever they were pleased to demand of them."

The 16th century in Scotland was smitten with witch mania and the first recorded trial was in 1563 under the court of King James IV.

Bessie Boswell, in Dunfermline was banished and exciled for witchcraft, it was the first trial of it's kind and it is the only instance when such a light sentence was passed

1572 saw the next trial, when Jonet Boyman was found guilty of witchcraft and the sentence was "Convict and Brunt".

There were many other trials throughout Scotland in those days, but the first real shock came when the Court of Justiciary in Edinburgh heard the case of Bessie Dunlop who was gifted with powers of a spiritual medium (as we would see it now). Of course, she was found guilty through hidious torture, strangled, burnt and her moveable goods handed over to the courts.