The Survey of Scottish Witchcraft

1563-1736

By Julian Goodare, Lauren Martin, Joyce Miller and Louise Yeoman, January 2003


The Survey of Scottish Witchcraft logo

Trial Details

T/LA/326 Agnes Williamsone

Name of the accused
Agnes Williamsone
Associated case
C/EGD/434 (27/1/1662)
Trial process type
Central Court

Pre-trial actions

commissions
commission body type date seal notes
Parliamentary Justiciary 3/4/1661 None Petition to parliament from Earl of Haddington. He claimed that witchcraft was increasing in his lands and had imprisoned the suspects. He also claimed that two of them were accused of robbery as well.
Privy Council Justiciary 7/11/1661 None resulted from a petition from the Earl of Haddington saying that she had been in jail there for 8 months and needed to be tried to spare the public expense.
previous commissions
commission body date
no recorded prior commission
appeals
central authority reason appeal date
From the Earl of Haddington 3/4/1661
complaints
type date of complaint lodged at appeal date complainent involvement
Other 7/11/1661 Privy Council John Hamilton
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
None no None Haddington yes
None yes Tolbooth Edinburgh no
tortures
date of torture torture type
no recorded tortures
ordeals
date of ordeal ordeal type
1661 Searching
confessions
central trial confession date location notes
no 20/5/1661 Edinburgh None
no 1649 None None

other information

Pre-trial notes
She confessed to Judges Commissionate on 20/5/1661. Someone drew up a memorandum outlining the case in 1662. The confession was disputed and presented as extrajudicial. Earl of Haddington said she was a burden to his tenents while awaiting trial, presumably because they had to watch and ward her. She is also listed in process notes in the Privy Council from 1649
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
27/1/1662
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
3
male accusers
9
recorded as high status?
yes
order for central judiciary trial
no
judiciary trial date
no information
circuit court (mixed central and local)
no
circuit name
no information
local court with central representatives
no
trial notes
Found her not guilty of the substantive charges, but guilty 'by repute and delation'. On 28/1/1662, justice was postponed until 3/2/1662. We have the trial text in JC2 (i.e. High Court Books of Adjournal) and in draft form in JC26/28. The rest of the group were not tried with her at the High Court - they may have had a local trial.
persons associated with the trial
name title office occupation involvement witchpricker? notes
Andrew Birnie Mr sometime substitute to lord's advocate Advocate Prosecutor no Involved in trials in 1661-2.
Nathaniel Fife Mr None advocate Defence advocate no Involved in cases in 1661-2. Was defence advocate.
William Weir None None merchant Chancellor no Involved in case and trial in 1629.

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
Margaret Bannyntyne T/JO/1039 A/EGD/1926
Elspeth Baillie T/JO/1034 A/EGD/1342

Mentioned as a witch

mentioned as a witch
type name mention date fate linked trialdate trial link notes
no mentions