Part 5
_Dalry Kirk-Session, 1696._--Elspeth M'Ewen, an old woman living alone at a place called Bogha, near the farm of Cubbox, in Balmaclellan, was suspected by the country-side of various acts of "witching." In particular, she was believed to have at her command a wooden pin that was movable and that could be withdrawn from the base of the rafters resting on the walls of the cottage, which particular part of the building was in these old days called the "kipple foot."
With this pin Elspeth was supposed to have the supernatural power of drawing an exhaustive milk supply from her neighbour's cows merely by placing it in contact with the udder, and this it was reported she practised freely. Other cantrips laid to her door included capricious interference with the laying power of her neighbour's hens, causing them sometimes to fail altogether, at others to produce in amazing plenteousness.
At last complaint was made to the Session, and the beadle, by name M'Lambroch, was sent away with the minister's mare to bring her before the Session. On the journey there is a tradition that the mare in a panic of fright sweated great drops of blood at the rising hill near the Manse, since known as the "Bluidy Brae."
After being examined she was sent to Kirkcudbright, where she lay in prison for about two years.
_Dalry Kirk-Session, October 15th, 1697._--The following entry evidently refers to the expense of her maintenance in prison: "Given for alimenting Elspet M'Koun, alledged of witchcraft in prison, £01.01.00."
_Kirkcudbright, 1698._--In Kirkcudbright prison Elspeth M'Ewen was so inhumanely treated that she frequently implored her tormentors to terminate a life which had become a grievous burden to her.
In March, 1698, a Commission was appointed by the Privy Council for her trial, along with another woman, Mary Millar, also accused of witchcraft, "to meet and conveen at Kirkcudbright." The following is an extract from the said Commission:--
_Extract from "Commission for Judging of Elspeth M'Cowen and Mary Millar, alleadged Guilty of Witchcraft, 1698."_
"The Lords of his Majesties privie Councill, being informed that Elspeth M'Cowen and Mary Millar, both within the Stewartry of Kirkcudbright, presently prisoners within the tolboth of Kirkcudbright, are alleaged guilty of the horid cryme of witchcraft, and hes committed severall malifices; and considering it will be a great deall of charges and expenses to bring the saids Elspeth M'Cowen and Mary Millar to this place, in order to a tryall before the Lords commissioners of justiciary: Besides, that severall inconveniences may aryse by there transportation. And the saids Lords lykewayes considering that this horid cryme cannot be tryed and judged by any persons in the countrie without a warrant and commission from their Lordships for that effect; And the saids Lords being desyreous to have the said matter brought to a tryall, that the persones guilty may receive condigne punishment, and others may be deterred from committing so horid a cryme in time coming; They do hereby give full power, warrant and commission, to Sir John Maxwell of Pollock,--Maxwell of Dalswintoune, Hugh M'Guffock of Rusco, Adam Newall of Barskeoche, Dunbar of Machrymore, Thomas Alexander, Stewart Depute of Kirkcudbright, Robert M'Clellend of Barmagachan, and Mr Alexander Fergussone of Isle, Advocate; And declare any three of the foresaids persones to be a sufficient quorum, the said Stewart Depute of Kirkcudbright being one of the three, To take tryall off, and to judge and do justice upon the saids Elspeth M'Cowen and Mary Millar, for the cryme of witchcraft. And in order thereto, To meitt and conveen at Kirkcudbright, the second ffryday of Apryle next to come, and there to accept for this present commission, and upon there acceptance to administrate the oath of fidelity to the person whom the Lord Justice Clerk or James Montgomery of Langshare, Clerk to the Justice Court, shall depute and substitute to be clerk to the present Commissione, With power to the saids Commissioners or their said quorum, to choyse their own Clerk for whom they shall be answerable, In caise that the saids Lords Justice Clerk and James Montgomery, shall refuse to nominate a Clerk in this matter, they being first requyred so to doe, With power lykewayes to the saids persones hereby commissionat or their said quorum, To create, make, and constitute Serjants, Dempsters, and other Members of the said court, And to Issue out and cause raise precepts or lybells of indictment at the instance of Samuell Cairnmount, writer in Kirkcudbright, as procurator fiscall for his Majesties interest in the said matter, against the saids Elspeth M'Cowen and Mary Millar, accused of Witchcraft, ffor sumonding and citeing them upon ffyfteen dayes, by delyvering to them a full copie of the lybell or indictment, with the names and designationes of the Assyzers and witnesses subjoined; And for citeing there assyzers and witnesses in the ordinary and under the usual paynes and certificationes, To compear before the saids Commissioners hereby commissionat, ... With power to the saids Commissioners or their said quorums, To decern and Adjudge them to be burned, or otherwise to be execute to death within such space and after such a manner as they shall think fit, and appoints the saids commissioners, there said quorum or Clerk, to transmit the haill process which shall be ledd before them against the said Elspeth M'Cowen and Mary Millar, and severall steps thereof and verdict of the inquest to be given thereupon to the saids Lords of his Majesties privie Councill, betwixt and the ffyfteenth day of June nixt to come."(27)
On the 26th of July the committee of Privy Council reported that they had examined the proceedings of the commissioners in the case of Elspeth M'Ewen (the report signed by the Lord Advocate), who had been pronounced guilty upon her own confession and the evidence of witnesses "of a compact and correspondence with the devil, and of charms and of accession to malefices." It was ordered that the sentence of death against Elspeth should be executed under care of the Steward of Kirkcudbright and his deputies.
Found guilty by her own confession, a certain means to end a miserable life, Elspeth M'Ewen suffered the extreme penalty of being burned at the stake, the execution taking place in what is now known as Silver Craigs Park, on the 24th day of August, 1698.
The following extracts connected with the trial and execution are taken from some old Kirkcudbright records, which were brought to light by the late Mr James Nicholson:--
"Ane accompt of my (George Welsh) depursements as Thessr.[14] from Michaelmas, 1697, to Michaelmas, 1698, as follows--
Item for Item to Barbara Roddin for ane pound and ane half of candle yt night the Assyse sat on Elspet M'Keown 000 09 00
22 July, 1698. Item to the men that took William Kirk, by Ba. Campble's order 000 04 00
Item given to him yt day 000 03 00
Item for Satterday, Sunday and Monday yrafter 000 09 00
Item given to William Kirk of earnest by Ba. Campble's orders in money and in aill with him 00j 0j 00
Item to William Kirk for six days at three shills per day 000 18 00
4 Aut., 1698. Item to William Kirk for twenty days tyme yt he was in prison at ffour shills per day, is 004 00 00
20 Aut., 1698. Item given to the Proveist to give William Kirk to buy drink, and by his orders to buy ane leg mutton 000 ij 00
Item. Sspent by the Proveist wt Howell and Ba. Dunbar, the day of Elspet M'Keown's execution, ane gill brandie 000 04 06
Item be the Proveist's order, to William Kirk to buy meal wt. 000 10 00
Item payed in James M'Colm's yt the Proveist drank with Ba. Dunbar and oyrs the day of Elspet M'Keoun's execution 000 06 00
Item to Wm. Kirk to buy meill wt. 000 07 06
Item to Wm. Kirk to buy meill wt. 000 07 06
Item payed to Barbara Roddin for candles to Elspet M'Keoun's guard 000 17 00
Item to Mart. M'Keand for ffour Ells and three quarters Red, to William Kirk, at twenty shill Scots per Ell, is 004 15 00
Item to Helin Martin for plaiding to be hose to him 000 08 00
Item to thrid whyt and collured 000 03 00
Item for ane Bonnet to him 000 09 00
Item for harne to be pockets, and for shoen 000 17 00
Item for three ells harne to be ane shirt, and for making yrof. 001 00 00
Item for ane long gravate to him 000 12 00
24th Aut., 1698. Item given to the Proveist to give him the day of execution 002 16 00
Item for peits to burn Elspet wt. 00j 04 00
Item for twa pecks of colls 000 16 00
Item for towes, small and great 000 04 00
Item for ane tarr barle to Andrew Aitken 00j 04 00
Item to Hugh Anderson for carrying of the peits and colls 000 06 00
Item to William Kirk qn she was burning, ane pint of aill 000 02 00
Item payed to Robert Creighton, conform to precept, viz., eight shill Scots for beating the drumm at Elspet M'Queen's funerall, and to James Carsson, his wife threeteen shillings drunken by Elspet's executioner, at seall times 00j 0j 00
It would thus appear that the executioner (William Kirk) had to be kept in jail in order that he should be forthcoming at the execution. He seems to have been an old, infirm man, without relations or friends, and on 8th July, 1699, he addressed the following petition to the Provost and Magistrates:--
"To the Right Honorable my Lord Provest, Baylies, and Cownsell of the Royal Burgh of Kirkcut.--Humbly sheweth, That yor Honors patchioner is in great straits in this dear time and lik to sterv for hwnger, and whan I go to the cowntrie and foks many of them has it not and others of them that hes it say they are overburdened with poor folk that they are not able to stand before them, and they will bid me go hom to the town to maintain me and cast stanes at me. May it therefore please your honors to look upon my indigent condition and help me for the Lord sake, and yor honors pettioner shall ever pray."
In answer to the above "earnest cry and prayer" there appears the following entry in the "Thessr's" account:--
"8th Jully, 1699.
"The sd day the magistrates and Counsell ordains the Thessr. to give the petitioner the next week six shill Scots forby his weekly allowance."
Another document, which throws a curious side-light on Elspeth M'Ewen's trial, is the sentence against one Janet Corbie, who advised Elspeth to plead not guilty. It is as follows:--
"Kirkcudbright, -- day of July, 1698.
"The same day, it being most palpably and cleirly evident and made appear to ye magistrates and Consell yt. Janet Corbie, dauter of Wm. Corbie, hath been and as yet continues in a most scandlous carrige, abusing of her neybors by scandlous expressions, whereffor there hath been fformer ffines put upon her, and that she is a persoun yt leeves by pyckering and stealing as is most justly suspect yrof, and yt she hath been endevouring to harden Elspeth M'Keoun, wha is in ye laigh sellar as ane wich, in endevouring to dissuad her to confess and that people sinned ther sowl wha said she was a wich, and ffor her constant practis in abuse of ye Lord's Day emploing herselff yrin ofthymes in stealing her neybors guids such as unyuns and bowcaill and taking them to ye countrie and makin sale yr of, and sevll oyr thing yt upon just grownds could be mayd appere so yt to long she hath been suffered to resyde in this place; yrfor, and yt ye place may be troubled with such a miscrent, and scandlous person nae langer in tym coming, ye magistrates and consell out of a due sens of yr dutie and of ye justice of her sentens, ordains the said Janet Corbie to remain in prison while Munday morning neist att ten o'clock and then to be taken ffurth of the tolboth by ye officers and wt tuck of drum to be transported over the ferry bote, to be exported in all tyme coming from ye sosiety or convercacioune of all guid Christians and indwellers in ye place, and never to return yrto, prohibiting and discharging all inhabitants, qur parents, relaciouns, or any oyrs wtin ye toun's bouns, to harbor, reset, convers, commune with, or entertane the said Janet or receve her to their society or company at any place or tyme in all tyme coming, and yt under ye pain of fforty pounds Scots muney to be peyd by ilk transgressor, toties quoties to ye toun's Thessr. atower whatever oyer punishment the magistrets and consell sall think fit further to impose, and ordains thir presents to be publish at ye Mercat Cross yt non may pretend ignorans in tyme coming, and the magistrats ordane to see the sentence put in execution."
_Extracts from Minute Book of the Kirk-Session of Kirkcudbright._(28)
"Janet M'Robert in Milnburn is delated to the Session for Witchcraft, the signs and instances qrof (whereof) are afterwards recorded. The Session therefor recommends to the Magistrates to apprehend and incarcerate her till tryall be had of that matter."
"Feb. 6, 1701.
"As to Janet M'Robert in Milnburn, it is delated by Elizabeth Lauchlon, lawfull daughter to John Lauchlon yr., (there) that the sd. (said) Elizabeth went to Janet's house, when she was not within, and looking in at the door saw a wheel going about and spinning without the help of any person seen by her, and she went in and essayed to lay hold of the said wheel, but was beat back to the door and her head was hurt, though she saw nobody. And yt. (that) after she was in the said Janet's House (being at school with her) the Devil appeared to her in the likeness of a man, and did bid her deliver herself over to him, from the crown of her head to the sole of her foot, which she refused to do, saying she would rather give herself to God Almighty. After the Devil went away the sd. (said) Janet, who was present with her, laid bonds on her not to tell. And yr after he came a second time to her, being in Janet's house alone, in the likeness of a gentleman, and desired her to go with him, and yr after disappeared, seeming not to go out at the door.
"Robert Crichton's wife farther delates, that when she was winnowing corn in Bailie Dunbar's barn, the said Janet came in to her and helped her, tho' not desired, till she had done, and desired of her some chaff for her cow. She gave her a small quantity in her apron, with which she seemed not to be satisfied, so upon the morrow thereafter, the said Robert Crichton's wife's breast swelled to a great height, which continued for about the space of five weeks, so that the young child who was then sucking decayed and vanished away to a shadow, and immediately yr after their cow took such a distemper that her milk had neither the colour nor taste that it used to have, so yt no use could be made of it, all which happened about three years ago.
"It is further delated by Howell, that being one day in John Robertson's in the Milnburn, he desired to buy two hens. They said they had none, but perhaps Janet M'Robert would do it, and accordingly he asked Janet, who answered she had none to sell to him. He replied, 'you have them to eat my goodmother's bear when it is sown; but (said he), my rough lad (meaning his dog) will perhaps bring them to me.' She answered, 'your rough lad will bring none of my hens this two days;' and before that he went to the town, the dog went mad to the beholding of many.
"Further, it is delated, that a friend of the said Janet's living in Rerwick, whose wife was lying on childbed, did send his daughter to Janet to borrow some money which she refused to give at the first, yet upon a second consideration she gave her two fourteens, but still assured the Lass that she would lose them. 'What,' (says the Lass) 'am I a child yet?' and for the mare security she took a purse out of her pocket in which there were no holes, and took out some turmour (turmerick) which she had in it, and did put in the two fourteens and threw the neck of her purse (as she used perhaps to do) assuring herself that she should not lose them now, and went home, and when she came there, she opened the purse to take out the two fourteens, and she had nothing.
[Illustration: "A WITCH TRIAL." J. Copland.]
"Further, it is delated by John M'Gympser's wife, Agnes Kirk, that the said Janet came one day there, and desired a hare's bouk (carcase) which she refused, and since that time their dog hath neither been able to run or take ane hare."
"Feb. 12th, 1701.
"As to Janet M'Robert, John Bodden in Milnburn delates, that at the laik wake of his child three years ago, Patrick Linton's son heard a great noise about Janet's house, so yt he was afraid to go out at the door, and John Bodden himself going to the door heard it also, at which he was greatly affrighted. Upon the morrow yr after, the said Janet went into John's house, and they told her what they heard the night before about her house. Janet answered, 'It is nothing but my clocken hen'; but John declared that 'all the hens within twenty miles would not have made such a noise.'
"The sd. John further delates that, upon the Wednesday after Janet was incarcerated, he did see about cock-crow a candle going through the said Janet's house, but saw nothing holding it."
The Finding--
"April 10th, 1701.
"As to Janet M'Robert, an extract of the delations against her being sent to Edinburgh, and a commission written for to pursue her legally it was denyed in regard they judged the delations not to be sufficient presumptions of guilt, so as to found a process of that nature. Notwithstanding thereof the said Janet consented to an act of banishment, and went hence to Ireland."
_Extracts from Session Book of Twynholm._(29)
"18th April, 1703.
"Jean M'Murrie in Irelandton, suspect of witchcraft, being aprehended and incarcerated in the tolbooth of Kirkcudbright upon a warrant from the civil magistrate, the minr. (minister) is desired to cause cite to the next Session any whom he can find to have any presumptions of witchcraft agt the said Jean."
"25th April, 1703.
"The minister reports that he (as he was desired) has caused cite some persons anent Jean M'Murrie's suspected witchcraft, such as--
"1st. Florence Sprot, who being called and compearing, declares that by the report of the country Jean M'Murrie has been under the name of a witch for many years.
"2d. John M'Gown in Culcray, in Tongland, declares, that he having a daughter of Jean M'Murrie's with him, the said Jean came one day to his house before her daughter went from him, and the sd Jean having conceived some anger because her daughter came to him without the said Jean's consent, she staying a little in his house, went away to a neighbour's house, and stayed there all night, and the said John going to her to-morrow, when she saw the said John she inquired how it came to pass that he took her daughter without her consent; and he desiring her back again to his house, but she by no entreatie wd (would) go to his house, and left the said John in a rage, and within about four days his wife took a dreadful stitch thro' her, as if she had been stricken with a whinger or knife, and his wife desiring earnestly that Jean M'Murrie would come and see her, but the sd Jean would never come to see her (altho' bidden by Janet Dallan in Irlandton), and so the said John's wife continued in great pain until she died.
"3d. Issobel M'Gown in Netherton, who, being called and compearing, declares that Jean M'Murrie has been under the name of a witch for many years by the report of the country.
"4th. Christian Bisset in Glencroft, declares that Jean M'Murrie has been under the name of a witch since she came to the parish, which is more than ten years."
"2nd May, 1703.
"Janet M'Haffie in the Mark of Twynhame, declares that, in harvest 1700, Jean M'Murrie came one night to the said Mark after they had been at the Mill, and the said Janet M'Haffie going to milk the kye, disowned the said Jean (not knowing that it was she), neither did any other about the Mark own the said Jean that night, and Jean going away without any alms that night, upon the morrow their milk was made useless, having a loathsome smell, likewise the said Janet M'Haffie fell sick, and was like a daft body for about eight days, at the end whereof both the sd. Janet and their milk grew better."
"2nd May, 1703.
"Margaret Kingan in Inglishtown, declares along with Quintin Furmount, kirk-officer, that John Neilson in Waltrees said to them, that this last ware Jean M'Murrie was selling about a peck of corn to the said John, and the said John would not give the said Jean what she would have for the said corn, and so the said Jean went away from him in anger, and the said John's horse did sweat until he died."
"2nd May, 1703.
"Robert Gelly and Sarah M'Nacht, in Chappell in Tongland, heaving been hearing sermon in Twynhame this day, were desired by the minister to wait upon the Session, which was to meet after sermon, which accordingly they did, and the said Sarah declares before the Session that upon a day about Midsummer last, Jean M'Murrie came into the Chappel and sought a piece bread to a lass that she had with her, and Sarah M'Nacht said she had no bread ready. Jean M'Murrie said, she (viz. the lass that was with her) would it may be take some of these pottage (Sarah having some pottage among her hands) but, however, Sarah gave her none, and Jean M'Murrie going away muttering, said, either 'you may have more loss,' or 'you shall have more loss,' and within about six hours or thereby thereafter, Robert Gelly lost a horse, and that the said Jean came never to Robert Gelly's house since that time, and the said Robert declares that he has still the thoughts that his horse was killed with divelrie."
"2nd May, 1703.
"Robert Bryce, Robert M'Burnie, and William Brown, ruling elders, declared that Thomas Craig in Barwhinnock said to them that upon a day more than two years ago Jean M'Murrie came to his house and sought his horse, and began to discourse to the sd Thomas and his wife about flesh. Thomas said they had no flesh. She went away in a rage and said, 'God send them more against the next time she should come there,' and within a week the said Thomas lost a quey by drowning."
The finding:--
"9th May, 1703.
"Robert Bryce attended the Presbytery. The minister reports that Jean M'Murray, having sought an Act of Banishment to transport herself out of the Stewartrie of Kirkcudbright within or at the end of ten days, and never to be found within the same again under the pain of death, is let out of Prison."