[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.
In the year 1722, a Sheriff-depute of Sutherland, Captain David Ross of Littledean, took it upon him, in flagrant violation of the then established rules of jurisdiction, to pronounce the last sentence of death for witchcraft which was ever passed in Scotland. The victim was an insane old woman belonging to the parish of Loth, who had so little idea of her situation as to rejoice at the sight of the fire which was destined to consume her. She had a daughter lame both of hands and feet, a circumstance attributed to the witch's having been used to transform her into a pony, and get her shod by the devil. It does not appear that any punishment was inflicted for this cruel abuse of the law on the person of a creature so helpless; but the son of the lame daughter, he himself distinguished by the same misfortune, was living so lately as to receive the charity of the present Marchioness of Stafford, Countess of Sutherland in her own right, to whom the poor of her extensive country are as well known as those of the higher order.
Since this deplorable action there has been no judicial interference in Scotland on account of witchcraft, unless to prevent explosions of popular enmity against people suspected of such a crime, of which some instances could be produced. The remains of the superstition sometimes occur; there can be no doubt that the vulgar are still addicted to the custom of scoring above the breath[84] (as it is termed), and other counter-spells, evincing that the belief in witchcraft is only asleep, and might in remote corners be again awakened to deeds of blood. An instance or two may be quoted chiefly as facts known to the author himself.