Part 10

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.

"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.'