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—