Trial Details
T/LA/104 Elizabeth Bathgate
- Name of the accused
- Elizabeth Bathgate
- Associated case
- C/EGD/173 (4/6/1634)
- Trial process type
- Central Court
| associated trials | ||||
|---|---|---|---|---|
| trial reference | accused | trial type | trial year | trial place |
| no recorded trials | ||||
Pre-trial actions
| commissions | ||||
|---|---|---|---|---|
| commission body | type | date | seal | notes |
| Privy Council | Justiciary | 9/1/1634 | None | Order a central justiciary trial |
| previous commissions | ||||
|---|---|---|---|---|
| commission body | date | |||
| no recorded prior commission | ||||
| appeals | ||
|---|---|---|
| central authority | reason | appeal date |
| no recorded appeals | ||
| complaints | |||||
|---|---|---|---|---|---|
| type | date of complaint | lodged at | appeal date | complainent | involvement |
| Suspect's | 27/2/1634 | Privy Council | |||
| Suspect's | 16/12/1633 | Privy Council | |||
| Suspect's | 9/1/1634 | Privy Council | |||
| Suspect's | 11/2/1634 | Privy Council | |||
| move to higher legal authority | |
|---|---|
| moved to | date of move |
| no recorded move to higher legal authority | |
| denunciations | |
|---|---|
| denuncation date | dated |
| no recorded denunciations | |
| imprisonments | ||||
|---|---|---|---|---|
| incarceration date | central trial imprison | prison | location | moving |
| 11/2/1634 | yes | Tolbooth | Edinburgh | no |
| 11/3/1634 | yes | Tolbooth | Edinburgh | no |
| 9/1/1634 | no | Tolbooth | Duns | yes |
| tortures | |
|---|---|
| date of torture | torture type |
| no recorded tortures | |
| ordeals | |
|---|---|
| date of ordeal | ordeal type |
| no recorded ordeals | |
| confessions | |||
|---|---|---|---|
| central trial confession | date | location | notes |
| no recorded confessions | |||
other information
- Pre-trial notes
- She and her husband complained two times to PC, 1st about her false imprisonment, and then protesting her trial postponement and petitioning for her release from prison pending trial. She wanted an order to remain in Edinburgh (which was granted). Claimed financial hardship of maintaining her in prison. Her third complaint was that witness depositions taken outwith her presence, and not in a court of justice, were going to be offfered into evidence in her trial. The statements were disalllowed unless the deponers came to Edinburgh to ratify them.
- watched?
- no
- watch date
- no information
- arrested?
- yes
- arrest date
- no information
- fled?
- no
- date absconded
- no information
- action dropped?
- no
- action dropped date
- no information
- action dropped by
- no information
- trial action body
- no information
- confronting suspects?
- yes
Trial phase
- trial date
- 4/6/1634
- trial place
- no information
place of trial
- settlement
- Edinburgh
- parish
- no information
- presbytery
- no information
- county
- no information
- burgh
- no information
verdict
- verdict
- Not Guilty
- defence
- yes
- female accusers
- 4
- male accusers
- 11
- recorded as high status?
- yes
- order for central judiciary trial
- yes
- judiciary trial date
- no information
- circuit court (mixed central and local)
- no
- circuit name
- no information
- local court with central representatives
- no
- trial notes
- 11/2/1634-continuance for trial due to bad weather, witnesses and assize could not get to Edinburgh for the trial. 11/3/1634 the defence asked for a continuance because they hadn't yet seen the dittay. More strict adherence to rules of evidence than normal. Very detailed defence pleadings
| persons associated with the trial | ||||||
|---|---|---|---|---|---|---|
| name | title | office | occupation | involvement | witchpricker? | notes |
| Robert Burnet | Mr | Substitute Lord Advocate | Advocate | Defence advocate | no | Involved in trials in 1629-30. |
| Thomas Hope | Sir of Craighall | Lord's Advocate | advocate | Prosecutor | no | Involved in cases and trials in 1628-34, 1643 and 1645. |
| Thomas Hope | Sir (younger) of Craighall | substitute to Lord Advocate | advocate | Prosecutor | no | Involved in trial in 1634. |
| John Oliphant | Mr | substitute Lord's Advocate | advocate | Prosecutor | no | Involved in cases/trials in 1629, 1630, 1634 and 1645. |
| Patrick Home | Sir of Ayton | None | None | Prosecutor | no | Involved in cases in 1613, 1624, 1629-30, 1633-34 and 1642. He was summond to PC on a complaint from E. Bathgate and A. Pae for false arrest. The summons was witnessed by Mr George Home, minister of Ayton, and Mr George Ochterlony in Eymouth. (RPC 2nd S, v5 p. 572). He was also going to testify against E. Bathgate but was dissallowed. |
| John Ramsay | Sir of Edington | Sheriff Depute | None | Prosecutor | no | Involved in cases and trials in 1629 and 1633-4. ?related to David Ramsay of Edington LA/154. |
| John Home | Mr | None | minister | Prosecutor | no | Transferred from Ladykirk to Eyemouth in 1627 and then to Edrom in 1646. Involved with cases in 1629 and 1634, He was summond to PC on a complaint from E. Bathgate and A. Pae for false arrest. The summons was witnesses by John Gray and John Broun, portioners of Eymouth. (RPC 2nd S, v5, p. 572). Not the same as JO/1068. |
| Mark Home | None | None | None | Chancellor | no | Involved in trial in 1634. |
| Isobel Young | None | None | None | Witchcraft precedent | no | Cited in trials in 1629 and 1634. |
| John Home | Mr | None | minister | Expert Witness | no | Transferred from Ladykirk to Eyemouth in 1627 and then to Edrom in 1646. Involved with cases in 1629 and 1634, He was summond to PC on a complaint from E. Bathgate and A. Pae for false arrest. The summons was witnesses by John Gray and John Broun, portioners of Eymouth. (RPC 2nd S, v5, p. 572). Not the same as JO/1068. |
| George Home | Mr | None | minister | Expert Witness | no | Involved in trial in 1634. Minister at Ayton from 1627 until he was deprived in 1650. |
| Christopher Knowes | Mr | None | Minister | Expert Witness | no | He was dismissed for adultery on 6 May 1641 (Fasti v2, p. 36). Involved in trial in 1634. |
| Alexander Pae | None | None | maltman | Defence | no | Elizabeth Bathgate's husband, involved in her trial in 1634. |
| Laurence MacGill | Mr | None | advocate | Defence advocate | no | Involved in trials in 1629 and 1634. |
| David Prymrois | Mr | None | advocate | Defence advocate | no | Involved in cases and trials in 1628-9, 1632 and 1639. Name might also be spelled Primrose. |
Post-trial phase
- sentence
- no information
- executed?
- no
- execution date
- no information
- execution place
- no information
- execution method
- no information
- post trial notes
- None
| other named witches | ||
|---|---|---|
| name | trial link | accused link |
| Elspeth Wilson | T/LA/133 | A/EGD/1263 |
| Agnes Wilson | T/LA/134 | A/EGD/1158 |
| Alison Wilson | T/LA/136 | A/EGD/1157 |
| Margaret Ballame (Baleny) | T/LA/151 | A/EGD/1156 |
| Janet Liddel | T/LA/152 | A/EGD/1121 |
| Agnes Falconer | T/LA/139 | A/EGD/1123 |
| Janet Williamson | T/LA/141 | A/EGD/1260 |
| Cristiane Wilsoune | T/LA/143 | A/LA/2585 |
| William Mearns | T/LA/148 | A/EGD/1262 |
| Patrick Smith | T/LA/150 | A/EGD/1259 |
Mentioned as a witch
| mentioned as a witch | ||||||
|---|---|---|---|---|---|---|
| type | name | mention date | fate | linked trialdate | trial link | notes |
| no mentions | ||||||