Warrant, 15 February 1705, Edinburgh

Act, 12 March 1705, Edinburgh

Att Edinburgh the Fyfteinth day of February Jaj vijc and fyve years

A1705/2/191

Warrant

Approbation of the Report of the Committie anent the murder att Pittenweem

The Lords of her Majesties Privie Counsell Doe heirby Nominat and appoynt the Earles of Rothes and Hadingtoun, Lords Yester, Advocat and Ensteruther to be a Committie to inquyre into the murder Committed upon a woman in Pittenweem as Suspect of witchcraft, And recommends To the said Committie to meet to morrow at twelve acloak in the midd-day, And call for Baillie Couts in Pittenweem, and know at him why he Suffered the said murder to be committed and did not keep the publict peace in the place, And Appoynts the Solicitors to cite the rest of the Magistrats of the said burgh of Pittenweem to appear befor the Said Committie, and answer to what Shall be laid to their charge for ther not keeping the peace of the place as said is, And declairs any three of the said Committie a Quorum, And to report, Report of the Committie appoynted to enquyre after the murder committed at Pittenweem att Edinburgh the fourteinth day of February Jaj vijc and fyve yeirs, Sederunt the Earle of Rothes, The Lord Yester, the Lord Ensteruther, and her Majesties Advocat, The Baillies Compearing and haveing given in a Subscribed Information of the matter of fact, with a double of the precognition taken by them anent the murder of Janet Cornfoot, They find that the said Janet was brought from the parish of Lewchars by two men to the town of Pittenweem wpon the threttieth of January Last about Six acloak at night, that the men brought her first to the Minister after She had Stayed a Litle in a private house of the town, And that the Minister being for the tyme at Baillie Cooks house, She was brought befor Baillie Cooks foor, but not imediatly Secured as She ought to have been; That when the officer Peter Innes after a litle tyme was found, and Sent to Secure her, the rable was wp, and that they deforced the officer, and made him flee, That the officer went to the other two Baillies, and gott ther verball orders, But they concerned themselves no further, That when Baillie Cook heard of the rable, he came out himselfe and dispersed them, and rescued the poor woman, but found her allmost halfe dead Lying within the Sea mark, That She being in that condition, Baillie Cook did not order her to prisone, but ordained the officer and four men to take her to a private house That they carried her to Nicolas Lawson’s, other houses being wnwilling to receive her, that befor Nicolas Lawson’s door She was again assaulted, cast down and murdered, And that it appears the principall Actors wer Rot Dalziell a Skippers Son, Walter Watsone in Bruntisland and one Groundwater ane Orknay man, all three fled; But that it also appears that John Ramsay, Andrew Flee and Alexander Mcgregor and Peter Innes the officer, four of the fyve that carried her ther, wer all present when the other persons murdered her, And yet non of them came back to tell any of2 the Baillies, That the Baillies have in prisone Rot Alexander, John Findlay, David Jack, and Andrew Flee, who wer also present when the poor woman was murdered, And that the murder happened about ellevine acloak at night, the poor woman haveing Sett doun befor the Said Nicolas Lawsons door, and changed her head cloaths, but then was barbarously cast into a gutter, and a door laid wpon her, and stones wpon the door, wherby they putt out her lyfe, That John Greenhorne and Thomas Donaldson a Schooll-boy wer actors, but are fled with two more, who are English men, Sic Subscribitur Rothes P.C. The Saids Lords doe heirby Recommend to Sir James Steuart her Majesties Advocat to raise a proces and lybell at his instance befor their Lordships Against the Magistrats of Pittenweem for ther not keeping the peace of the place, And Suffering Such tumults and rables, and other Such outrages to be committed within their burgh, And not Suppressing the Samen, As also Recommends to the Said Lord Advocat to raise a proces at his lordships instance befor the Lords Commissioners of Justiciary Against Robert Alexander, John Findlay, David Jack and Andrew Flee, and Peter Innes the officer, or any other persons who have had any3 hand in and been accessory to the murder comitted wpon the presence of Janet Cornfoot att Pittenweem, And that the Lord Advocat insist therin to the finall end and decision therof; And appoynt the foirnamed persons that are prisoners In the Tollbooth of Pittenweem to be transported from thence to Edinburgh, And gives order and warrand to the Keepers of the Tollbooth of Edinburgh, to receive them prisoners, Keep, hold and detaine them therin till furder orders.

At Edinburgh 15 February 1705

A1705/2/191

Warrant

Approbation of the report of the committee concerning the murder at Pittenweem

The lords of her majesty’s privy council do hereby namimate and appoint [John Leslie] earl of Rothes, [Thomas Hamilton] earl of Haddington, [Charles Hay] Lord Yester, [Sir James Stewart of Goodtrees] lord advocate, and [Sir William Anstruther] Lord Anstruther to be a committee to inquire into the murder committed upon a woman in Pittenweem as suspect of witchcraft, and recommend to the said committee to meet tomorrow at 12 o’clock in the midday. And call for Bailie Coutts in Pittenweem, and know at him why he suffered the said murder to be committed and did not keep the public peace in the place. And appoint the solicitors to cite the rest of the magistrates of the said burgh of Pittenweem to appear before the said committee, and answer to what shall be laid to their charge for their not keeping the peace of the place as said is. And declare any three of the said committee a quorum, and to report. Report of the committee appointed to inquire after the murder committed at Pittenweem: At Edinburgh 14 February 1705, sederunt [John Leslie] earl of Rothes, [Charles Hay] Lord Yester, [Sir William Anstruther] Lord Anstruther, and [Sir James Stewart of Goodtrees] her majesty’s advocate. The bailies appearing and having given in a subscribed information of the matter of fact, with a double of the precognition taken by them concerning the murder of Janet Cornfoot, they find that the said Janet was brought from the parish of Leuchars by two men to the town of Pittenweem upon 13 January last, about 6 o’clock at night. That the men brought her first to the minister after she had stayed a little in a private house of the town, and that the minister being for the time at Bailie Cook’s house, she was brought before Bailie Cook’s door, but not immediately secured as she ought to have been. That when the officer Peter Innes, after a little time was found and sent to secure her, the rabble was up, and that they deforced the officer, and made him flee. That the officer went to the other two bailies, and got their verbal orders, but they concerned themselves no further. That when Bailie Cook heard of the rabble, he came out himself and dispersed them, and rescued the poor woman, but found her almost half dead lying within the sea mark. That she being in that condition, Bailie Cook did not order her to prison, but ordained the officer and four men to take her to a private house. That they carried her to Nicolas Lawson’s, other houses being unwilling to receive her, [and] that before Nicolas Lawson’s door she was again assaulted, cast down, and murdered. And that it appears the principal actors were Robert Dalziel, a skipper’s son, Walter Watson in Burntisland, and one Groundwater, an Orkney man, all three fled. But that it also appears that John Ramsay, Andrew Flee, Alexander MacGregor, and Peter Innes the officer, four of the five that carried her there, were all present when the other persons murdered her, and yet none of them came back to tell any of the bailies. That the bailies have in prison Robert Alexander, John Findlay, David Jack, and Andrew Flee, who were also present when the poor woman was murdered. And that the murder happened about 11 o’clock at night, the poor woman having sat down before the said Nicolas Lawson’s door, and changed her head clothes, but then was barbarously cast into a gutter, and a door laid upon her, and stones upon the door, whereby they put out her life. That John Greenhorn and Thomas Donaldson, a schoolboy were actors, but are fled with two more, who are English men, Sic Subscribitur Rothes P.C. The said lords do hereby recommend to Sir James Stewart, her majesty’s advocate, to raise a process and libel at his instance before their lordships against the magistrates of Pittenweem for their not keeping the peace of the place, and suffering such tumults and rabbles, and other such outrages to be committed within their burgh, and not suppressing the same. As also recommend to the said lord advocate to raise a process at his lordship’s instance before the lord commissioners of justiciary against Robert Alexander, John Findlay, David Jack, and Andrew Flee, and Peter Innes the officer, or any other persons who have had any hand in and been accessory to the murder committed upon the presence of Janet Cornfoot at Pittenweem. And that the lord advocate insist therein to the final end and decision thereof. And appoint the forenamed persons that are prisoners in the tolbooth of Pittenweem to be transported from thence to Edinburgh. And givee order and warrant to the keepers of the tolbooth of Edinburgh to receive them prisoners, keep, hold, and detain them therein until further orders.

1. NRS, PC1/53, 358-9.

2. The phrase ‘any of’ an insertion.

3. Insertion.

1. NRS, PC1/53, 358-9.