00:00:00.160Hi, I'm Clare Mitchell QC. Welcome to the Witches of Scotland podcast.
00:00:05.220I'm a lawyer who specialises in miscarriage of justice cases and we're bringing you this podcast
00:00:10.120because we want to tell you about the women who were accused, prosecuted, convicted
00:00:15.240and ultimately executed as witches in Scotland.
00:00:18.780I'm Zoe Vendetotsi and I'm a writer who's always had an interest in the witches
00:00:22.780and I feel that this dark mark against Scotland needs a reckoning.
00:00:26.500The campaign Witches of Scotland wants three things.
00:00:29.600Firstly, a pardon for all those convicted of witchcraft.
00:00:33.120Secondly, an apology for all those who were accused as witches.
00:00:37.420And finally, a national monument in recognition of all those who were affected by this terrible miscarriage of justice.
00:00:44.420Over the forthcoming weeks, we'll be talking to a whole host of experts about the history and the modern day connections to the witches of Scotland.
00:00:54.760Hello and welcome to the Witches of Scotland podcast.
00:00:57.480This is episode 19 and today we are delighted to be talking to musicians and artists Heel
00:01:04.320and Harrow from Scotland who are giving an artistic response to the witchcraft story.
00:01:09.860So we're going to be looking at three women again this week who were charged as witches
00:01:14.940and what's really interesting about this is that Claire did the research on the survey
00:01:19.220of Scottish witchcraft online and used the database and through using that was able to
00:01:24.000see that the three women we're going to talk about their stories were interwoven.
00:01:27.480so Claire will tell you more about that but the first woman that we're looking at this week is
00:01:31.760Margaret Abernethy so what we know about her was that she was a widower and is described as having
00:01:37.820low status there's a mention of her begging for arms so she was she was clearly somebody that0.58
00:01:42.500didn't have anything and on the 15th of July 1669 Margaret Abernethy was accused of maleficium0.96
00:01:50.020do you think that's right Claire maleficium rather than maleficium maleficium or maleficium
00:01:55.120It's, I think you would have Latin scholars maybe arguing it was one particular way,
00:02:00.800but maleficium, I would probably say.0.58
00:02:03.400And that is an act of witchcraft performed with the intention of causing damage or injury.
00:02:09.100So that is also known as any magical act intended to cause harm or death to people or property.
00:02:14.700We know that the Privy Council granted a commission to try her as a witch
00:02:18.080and that she was actually held in custody in Aberdeen prison while she awaited her trial.
00:02:24.840She was accused of providing what's described as raw, enchanted flesh so that Galis Burnett or Burnett could kill her husband.
00:02:34.240And she was supposedly paid sixpence and a pint of ale.
00:02:38.100But we don't know the outcome of the trial.
00:02:40.000Now, that on its own is super interesting to me for various reasons.
00:02:43.580But what is the super interest of this week is that it's interwoven then with the story of Galis Burnett.
00:02:49.640So I'm going to hand over to you, Claire, so you can explain why this is interwoven.
00:02:53.500Yeah, so what happened was I was looking at the story of Margaret Abernethy online and I noticed that as a lot of these witch trials are, they're interwoven because people make allegations about other people in their village and then they are tried as well.
00:03:11.240Sometimes they're tried at the same time, sometimes they're tried at different times and there's a connection between these people.
00:03:18.600Now, what happened, it would appear, is that Margaret Abernethy was prosecuted first and she was prosecuted alone.
00:03:27.360And by that, I mean that she wasn't prosecuted with Galis.
00:03:31.300Is it Galis or Geelis, Burnett? I'm not quite sure.
00:03:35.420If anyone knows the pronunciation of that, please let us know through our social media.
00:03:40.480I'll go with Galis while I'm speaking to you.
00:05:11.220you're going to do your bidding that's an illegal act indeed you're equally as culpable
00:05:18.680in criminal law sometimes we're when we're trying to describe how different people can do different
00:05:24.180parts of a criminal act we describe it by way of a bank robbery and see if you are somebody who's
00:05:31.740contracted to drive a car and you sit outside a bank but don't go into the bank and you let people
00:05:38.820you know that the plan is to go into the bank to rob the bank and to to bring the money out
00:05:43.520you're equally as culpable of that robbery as somebody who's gone in and brandished the weapon
00:05:50.960and asked for the the money even though you haven't committed that at that physical act
00:05:57.360but you're equally as culpable because you're called what we call in scotland art and part
00:06:03.100guilty which means that you're acting along with or another old phrase we use is acting
00:06:08.540in concert with so there is a common criminal plan and that common criminal plan is to do
00:06:15.200something bad in this case the common criminal plan was to give Gaelis Burnett something which0.99
00:06:24.160she would use to kill her husband. So that hasn't really changed in all those years then in Scotland
00:06:30.520that's a big part of the of the accused isn't it so that's very interesting. The way the Witchcraft
00:06:35.820act deals with it is that it instead of saying that they were acting together in concert to kill
00:06:40.980someone the witchcraft act deals with it slightly differently what it says is that you're guilty of
00:06:46.640witchcraft if you were a witch providing the spells or you were also guilty of witchcraft if you asked
00:06:52.860someone to provide a spell so it dealt with it in a technically slightly different way by providing
00:06:59.980for two different crimes there but they both come under the umbrella of witchcraft. You would
00:07:07.820probably have expected these women to be tried at the same time, Margaret Abernethy and Gaelis
00:07:14.160Burnett but they weren't and what we do know is that for some reason Gaelis Burnett was not tried
00:07:19.660until 1671, that's some two years later than Margaret Abernethy. We are told that the
00:07:27.400characterization of her witchcraft crimes are consulting a known witch, which would of course0.57
00:07:34.040be consulting Margaret Abernethy, the demonic pact, and the demonic pact is the pact that you
00:07:41.540make with the devil to be bad and do his bidding, and that usually means renouncing your baptism.
00:07:46.940Not the pact between then the witch and the client, as it were, so that's not that pact,
00:07:51.720it's about you as the accused witch's personal pact with the devil.
00:07:55.200Yes, that's the demonic pact is that you make an agreement with the devil and it's usually, well, you have to renounce your baptism, obviously, and then the devil offers you something.0.55
00:08:06.020I saw on the survey of Scottish witchcraft one person saying that she was promised all the riches by the devil, but when the devil left her, it turned into mud.
00:08:18.800She confessed, inverted commas, to the devil having given her all these riches and having it changed to mud as part of the demonic pact.
00:08:26.780So the characterisation of her crimes were consulting a known witch, a demonic pact, and maleficium, i.e. Gaelis Burnett, was said to have gone to Margaret Abernethy and said, can you give me a spell to kill my husband?
00:08:40.560now it's said that she was implicated not by one but by two witches so by implication we think that
00:08:48.340Margaret Abernethy perhaps named her as a person that had asked her for help because if she was
00:08:55.720implicated as it was said here implicated by two witches one of them would certainly appear to be
00:09:01.660Margaret Abernethy but I had to do a wee bit of searching around and it was really easy on the
00:09:06.780Scottish database I'd have to say I was able to a bit of searching around and find out that the
00:09:12.800other person was called Isabel Spens and we'll come to her story in a minute but sticking with
00:09:18.260Gaelis Burnett at the moment what we know was that she was accused of killing her previous two
00:09:24.500husbands by witchcraft so when she went to ask Margaret Abernethy to help her kill her husband
00:09:32.880by way of providing a spell the raw enchanted flesh so that she could kill her husband that
00:09:39.900appears to have been her second husband John Smith. Her first husband had also died John Gibson0.66
00:09:46.840and she was accused of killing him as well but it's not known doesn't say anywhere how she was
00:09:53.300said to have killed him. What we are told is that on both accused killings she placed something
00:10:01.840under her then husband's bed. Of course we know in the case of Margaret Abernethy it was said
00:10:08.700that it was a piece of enchanted raw flesh. For the alleged murder of her first husband it was said
00:10:17.340that she had bought enchanted powder. The powder supposedly caused him to have problems in his
00:10:25.000inverted commas, in his privy parts with burning. Now I don't know whether or not it's alleged that
00:10:33.060this was a spell of Isabelle Spence or Isabelle Spence was just somebody who was named as a witch0.92
00:10:41.200and not actually involved in it at all but we can see here she's alleged to have killed both her
00:10:47.140husbands in these two odd ways involving alleged witchcraft. What we know in this trial however
00:10:54.340is Gaelis Burnett was defended by advocates.
00:13:31.760Probably one advocate was more senior than the other.
00:13:34.360At the Faculty of Advocates, we have a definition of junior advocates and senior advocates, and the senior advocate would take the lead role in a case, and the junior advocate would take the lesser role, but they might have more to do with, for example, research, bringing together cases, that sort of thing, and the lead advocate would be more lead in the actual hearing itself.
00:14:00.400So it says there were the two of them, Alexander Anson and George Bands.
00:14:05.000They also named two other people for the defence, David Deik, D-E-I-K, and George Nicholson.
00:14:10.980And I think they were probably solicitors, because advocates in Scotland can't simply represent clients directly.
00:14:19.680They are instructed by solicitors, and the client relationship with the solicitor and the solicitor's relationship is with the advocate.
00:14:28.260and that is how people are instructed in those sorts of cases so I suspect that David Deke and
00:14:35.500George Nicholson because there's no information about them being advocates I suspect that they
00:14:40.320were the solicitors the law agents involved in instructing Alexander Anderson and George Bands
00:14:47.240to act on behalf of Galis Burnett so what I think we can tell about Galis Burnett is she was a woman
00:14:54.920of some means because she was able to instruct a large team of advocates not simply one advocate
00:15:02.300but two when her first husband died quite quite possibly what we also know is we also know the
00:15:10.400names of the prosecutors in this case she was prosecuted by Mr Alexander Brown and Mr William
00:15:20.020Moneypenny, Advocate Depute, and that's the deputisation from the Lord Advocate Prosecute.
00:15:27.400So they were, Mr William Moneypenny was a prosecuting advocate, and Mr Alexander Brown
00:15:32.680may have been a solicitor, it doesn't say that he was an advocate. And we don't know anything
00:15:38.440about the trial, but she was acquitted of the charges against her. So it would appear that
00:15:47.360having people that were able to defend you in your case, well, might or might not have played
00:15:54.380a part in this. We do know, of course, that many people who were legally represented were still
00:15:59.740convicted. And we also know some people who had no representation at all were acquitted. So I don't
00:16:06.940think we can read too much into that. But it certainly must have helped that she was assisted
00:16:12.740by advocates and she was acquitted of the charge. So what of the third person involved in all of
00:16:20.560this, the other person that Galus was said to have consulted or had been named by Galus,
00:16:28.260Isabel Spence. We know that she was from Aberdeen, that she was a widower and her
00:16:34.940socioeconomic status is described as middling. It's noted that her husband that she'd been
00:16:42.200married to was a bookbinder. His name was Francis Van Hagen. The allegation against her was that
00:16:48.700Gaylis Burnett supposedly consulted her for the killing of her husband. We know that the man who
00:16:56.140investigated the case was called John Preston and what's recorded, and it's really strange Zoe,
00:17:02.420that such details are recorded. I suppose they needed such financial records but we know that
00:17:07.180he was paid 10 mercs per day for his work but what we don't know even though we know how much
00:17:14.780the investigator was paid and all this detail is unfortunately the records don't record the outcome
00:17:20.820of her case so we know that's really telling isn't it yeah just you know what you know you'd said to
00:17:29.140me before we've got the names of the of the legal team as it were written down we know about the
00:17:33.780money side of it a little bit anyway but you know to not actually record the outcome of the trial
00:17:38.860that speaks volumes doesn't it it's very very sad that we don't have those but these were three
00:17:46.580women um accused of witchcraft we know one of them was acquitted we don't know the outcome
00:17:54.280of the trial or the other two what we do know about those is that the accusation of witchcraft
00:18:00.500would cause people to be taken into custody to be tortured to be held in very very bad conditions
00:18:07.160pending their trial and what would have happened to these women would have been incredibly
00:18:12.100unfortunate now some people might say well if that woman really consulted two other women about
00:18:18.580killing their husband should they not be still guilty should they not be found guilty of witchcraft
00:18:24.700and my answer to that is whatever they might have been doing it wasn't witchcraft yeah if there was
00:18:31.660evidence that it was a you know like a kind of a straightforward pact to to murder then they would
00:18:38.140have gone with that surely you know the fact that there's this kind of nebulous there was a you know
00:18:42.140powder under the bed there was enchanted flesh under the bed I mean that doesn't seem like the
00:18:47.700strongest of evidence no to say the least it doesn't say it seemed like the strongest of
00:18:52.780evidence but yes you would expect if there were if there if it was a straightforward murder case
00:18:59.600for it to be dealt with as a murder case even then whatever these women were doing even if they were
00:19:05.940doing what is said that was happening they weren't doing witchcraft and of course we have to remember0.56
00:19:12.040that we're hearing these stories only because allegations of witchcraft had arisen it could
00:19:19.120all be lies made up because people were placed in situations where they were trying to avoid
00:19:27.500further torture so the stories are interwoven into these three cases you have to take with a
00:19:36.740large pinch of salt because the stories that were obtained from people were obtained in circumstances
00:19:44.700that in any ordinary court would never be admissible
00:19:49.780because they had been teamed in a manner so unfair
00:20:12.120So I hope these women weren't killed of witchcraft on this very scant information in relation to this one woman at the centre of it.0.95
00:20:22.520Yeah, it just goes to show again, you know, like the complete nonsense of the idea that you sell your soul to the devil or however you want to term it.
00:20:30.840And that, you know, you're doing that for power and riches.0.83
00:20:33.740And yet the first one we're talking about here was a beggar, you know, like that.0.99