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.”