Margaret Clerk, a woman of modest means hailing from the coastal community of Seatown, Cullen in Banff, found herself embroiled in the turbulent witch trials of late 17th century Scotland. Married and occupying the lower rungs of the socioeconomic ladder, Margaret's life took a tumultuous turn in 1674 when accusations of witchcraft were levied against her. The charges were initially brought forward by two lairds—local landed gentlemen—and a bailie, reflecting a common pattern where influential figures used the witchcraft trials to exert control over their communities or settle personal grievances. However, Margaret exhibited both courage and legal acumen, challenging the competence of her accusers to preside over such a grave allegation.
The records detail how Margaret boldly appealed to the High Court in Edinburgh, arguing that the local authorities in Banff had not adhered to due judicial processes. She highlighted the lack of procedural fairness: her lack of access to the list of the assize—essentially the jury—and witnesses, as well as the absence of witness testimony in her presence. Margaret further contended that the local authorities lacked the requisite education to manage a case of this magnitude, which caught the attention of the High Court. In a remarkable turn of events, the High Court agreed with her objections, highlighting procedural errors by the local officials.
On June 4th, 1674, the High Court ordered a trial, yet it progressed no further. The diet was deserted because her accusers, the two lairds and the bailie, failed to appear as required. This procedural dismissal rendered Margaret's ordeal a notable example of the intersection of local power dynamics and legal safeguards of the period. Through her appeal, Margaret Clerk secured a rare victory amid the often grim circumstances of the Scottish witch trials, marking her story as a testament to the precarious but sometimes attainable justice for those accused.