In the spring of 1662, the legal mechanisms of Haddington were set into motion against Elspeth Fermor as part of a wider series of judicial proceedings following the extensive denunciations of a local youth named James Welch. Although Welch was considered too young to face a formal trial and was subsequently placed in confinement, his testimony carried significant weight with the authorities of the time. The depositions he provided, detailing his alleged interactions with others, were taken seriously enough to form the basis for the investigation into Elspeth and several other members of the community.
The case against Elspeth, officially recorded under the reference C/EGD/549, reflects the complex atmosphere of the period, where confessions and accusations from individuals—regardless of their age—could trigger formal state action. Following her denunciation, the administrative process moved forward to the trial phase, cataloged under reference T/LA/1380. As the judicial machinery of the mid-seventeenth century engaged with the specific claims made by Welch, Elspeth became a central figure in a legal process that sought to reconcile these testimonies within the frameworks of contemporary Scottish law.