The English ambassador in Edinburgh,
Robert Bowes, heard that Napier and others were accused of a practice to kill the king by witchcraft and "compassing" the death of the Earl of Angus, and would be tried on 12 April. He heard that she wrote a letter to
Francis Stewart, 5th Earl of Bothwell, who was also accused of involvement in witchcraft. The jurors on her assize found her guilty only of the lesser crime of consulting with witches. She was acquitted of involvement with Sampson in making an image of the Earl of Angus, and attending the alleged convention of witches at
North Berwick. This seems to have been because the evidence against her consisted only of testimony from people already found guilty of witchcraft. James VI acknowledged there was "no testimony but of witches". Bowes learnt that the assize debated the case past midnight. Barbara Napier had "many kinsfolk and friends of good credit" and they were able to help and even serve as her jurors on the assize.
James VI was displeased by this verdict, and on 10 May 1591 he wrote to the
Justice Clerk Lewis Bellenden to hasten her execution. Her sentence or "doom" was pronounced, and she said she was pregnant. James VI ordered the Chancellor
John Maitland of
Thirlestane to have her examined by physicians her to see if she was pregnant, and if she was not, to have her burnt and publicly disembowelled. James wrote to Maitland with his instructions to continue questioning Euphame MacCalzean and Ritchie Graham:Try, by the mediciners' oaths, if Barbara Napier be with bairn or not. Take no delaying answer. If ye find she be not, to the fire with her presently and cause bowel her publicly. Let Effie Makkaillen see the stoup two or three days and upon the sudden stay her in hope of confession if that service adverts. If not, despatch her in the next oulke anis [week, sometime], but not according to rigour of her doom. The rest of the inferior witches, off at the nail with them. But gar see [make sure] that Ritchie Grahme want not his ordinary allowance till I take farther order with him. The king wanted an appeal to overturn the first verdict against Napier, in order to better prosecute the
Earl of Bothwell, and an "assize of error" was planned. James VI spoke to the jurors, who faced penalties for their former decision, on 7 June 1591, and they agreed with his views and were pardoned of their "error". Some members of the original
assize were employees of the royal household at
Holyroodhouse, including; John Boig, Master Porter, George Boig, Master of the Ale Cellar, and John Seaton,
creil-man. Other members were represented by the lawyer
John Russell. The lawyers offered some opposition to James VI, arguing that his views confounded a "nice" distinction between civil and criminal law. Barbara Napier's fate is unclear. The town council bought materials to build a fire for her execution and these were used on 25 June 1591 at the burning of
Euphame MacCalzean. The opinion of the 17th-century historian of the Douglas family,
David Hume of Godscroft, was that Barbara Napier had been released. Her property was forfeit to the crown by "
escheat", and passed to Robert Learmonth and to the
Earl of Morton, who arranged that the goods would return to Barbara Napier's daughter. She was released from custody on 23 February 1592, but not declared innocent and her brother William Napier of Wrychtishouses was her cautioner. Evidence that Barbara Napier was not executed and lived on more than ten years after the trial is provided by the appearance of her name in the Registers of Deeds and the Registers of Decreets, records of legal transactions in the
National Records of Scotland and Edinburgh City Archives. ==References==