Minstrelsy of the Scottish border - National Library of Scotland

THE SCOTTISH BORDER. iGj
fessed pricker,) for having imprisoned, and most cruelly tortured
her. They answered, 1st, She was searched by her own
consent, et volenti nonjit injuria ; 2d, The pricker had learn-
ed his trade from Kincaid, a famed pricker ; 3d, He never
acted, but when called upon by magistrates or clergymen, so
what he did was auctore prwtore ; 4th, His trade was lawful
5th, Perkins, Delrio, and all divines and lawyers, who treat
of witchcraft, assert the existence of the marks, or stigmata
sagarmn; and, 6thly, Were it otherwise. Error communis
faciijus.—Answered, 1st, Denies consent ; 2d, Nobody can
validly consent to their own torture ; for Nemo est dominus
niemb7-orum suorum ; 3d, The pricker was a common cheat.
The last arguments prevailed ; and it was found, that infe-
rior " judges might not use any torture, by pricking, or by
" with-holding them from sleep ;" the council reserving all
that to themselves, the justices, and those acting by commis-
sion from them. But Lord Durie, a Lord of Session, could
have no share in such inflictions.
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