Publications of the Scottish History Society, Volume 36 - Journals of Sir John Lauder Lord Fountainhall with His Observations on Public Affairs and Other Memoranda 1665-1676 by Sir John Lauder
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page 39 of 544 (07%)
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to domestic affairs. But in the _Observes_ there are every year notes and
reflections on the events passing in every part of Europe, and especially France. There is some interest in the following passage, almost the last sentence in the _Historical Observes_, 'In regard the Duke of Brandenburgh and States of Holland have not roume in ther countries for all the fugitive Protestants, they are treating with Pen and other ouners of thesse countries of Pensylvania, Carolina, etc., to send over colonies ther; so that the purity of the Gospell decaying heir will in all probability passe over to America.' The foreign schools of law where he had studied naturally affected his treatment of legal questions. Until the publication of the great work of Stair, the common civil law of Scotland was in a comparatively fluid state, though there were some legal treatises of authority, such as Craig's _Feudal Law_. Mackenzie's _Criminalls_ was published in 1676, and is often referred to by Lauder. Many of his contemporaries at the bar had studied like himself in the foreign schools of the Roman Civil Law, and in his reports of cases the original sources are quoted with enviable familiarity and appositeness. TORTURE, ASTROLOGY, AND WITCHCRAFT In questions of social ethics, such as torture, and of popular belief, such as astrology and witchcraft, Lauder was not much in advance of his age. He frequently mentions the infliction of torture without any comment. When Spence and Carstairs were tortured with the thummikins, he describes them as 'ane ingine but lately used with us,' and possibly he had some misgiving. The subjects of astrology and witchcraft had an attraction for his inquiring and speculative mind.[26] He believed in the influence of the heavenly bodies, and more firmly in witchcraft, for which many unhappy women were every year cruelly put to death. These trials at times evidently |
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