The fate of Elizabeth Burns

[weemantam]

Can someone explain the outcome of this to me with respect to Elizabeth? Am I missing something? The year is 1698 in Tarves, Aberdeenshire.

On a search being made Elizth. Burn’s child was found murdered and lying in her bed under the straw, upon which the Minr.  And other honest peopell being called to be spectators, after all she stood to a denyall ye she had murdered the child, but yt it was dead born.  The mater being evident yt. the child had been stifled, she was sent to Aberdeen to be kept in close prison till further tryall.  Being there periodically examined, the jury not finding her guiltie of death, she was ordained to be ducked at ye crann, which being done she departed this lyf, how soon the executioner had don his offis’.  Her master, John Leth, who confessed himself the father of the child, was tried also, but acquitted.  He, however had to appear 14 times on the pillory and before the Presbytery also and before being absolved was ordered to pay a fine of 20 merks (handwritten note in the margin by author states £3.6.8

[Forfarian]

I interpret that as saying that she was drowned.

This might help https://en.wikipedia.org/wiki/Ducking_stool

[weemantam]

Hi Forforian,

Yes she was certainly drowned, the point is she was ducked in spite of "the Jury not finding her guiltie of death". That's what I don't get, I'm wondering if it was (to paraphrase python) wood floats, so she should be burned and if she sinks then she is innocent type messed ye olde way of thinking. But if so, why the 'Jury'? It's very confusing.

[Forfarian]

Hi Forforian,

Yes she was certainly drowned, the point is she was ducked in spite of "the Jury not finding her guiltie of death". That's what I don't get, I'm wondering if it was (to paraphrase python) wood floats, so she should be burned and if she sinks then she is innocent type messed ye olde way of thinking. But if so, why the 'Jury'? It's very confusing.

If you read through the Wikipedia article, that is exactly what happened in many cases. If the victim survived she was guilty and was executed. If she didn't she was obviously innocent but oh dear, she's dead.

I have no idea why she would be ducked if she was found innocent by a jury.