00:00:00.200Hi, I'm Clare Mitchell, QC. Welcome to the Witches of Scotland podcast.
00:00:05.200I'm a lawyer who specialises in miscarriage of justice cases,
00:00:08.740and we're bringing you this podcast because we want to tell you0.61
00:00:11.580about the women who were accused, prosecuted, convicted,
00:00:15.720and 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,
00:00:23.040and I feel that this dark mark against Scotland needs a reckoning.
00:00:26.720The campaign Witches of Scotland wants three things.
00:00:29.580Firstly, a pardon for all those convicted of witchcraft.
00:00:33.240Secondly, 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.
00:00:55.880Hello and welcome to the Witches of Scotland podcast.
00:00:58.960We are still amazed by this, still going, endlessly going on for the rest of our lives.
00:01:06.260And this is episode 37 that we're doing today.
00:01:09.660So Claire's brother, David, our sound engineer, will be delighted that we're 31 episodes past what we told him it would be in the very early days.
00:01:17.920Today, we've got a really fascinating guest and it's somebody that we talk to a lot on Twitter.
00:01:22.580But before we introduce her, Clare, has there been any news this week in the issue of witches and history?
00:01:31.400Well, I'm glad you narrowed it down, because otherwise that could mean a pretty long podcast.
00:01:38.440Clare speaks the news. Yeah, so there has, in fact, funny you should ask, been news.
00:01:46.120And we were absolutely delighted to see that the Humanist Society Scotland, of which I am a member,
00:01:51.380although I wasn't actually involved in this response or asking them to do it or anything
00:01:56.920but they have responded to the petition that we put into parliament as a group and they have said
00:02:03.700that they are in support of the petition and they've actually written a submission to the
00:02:09.200Scottish government and so the Scottish government can read what they think about it and that's
00:02:14.460publicly available. I think we have it to hand Zoe. Yes I will read this so this is the Humanist
00:02:20.560Society Scotland's submission of 5th of July 2021. So they say that they support the petition
00:02:25.860in recognising, pardoning and having a memorial to those convicted under historic witchcraft laws.
00:02:31.840As the petitions committee has already heard an evidence submitted by the petitioners,
00:02:36.060thousands of people in Scotland face persecution, torture and execution under such statutes.
00:02:41.380Such persecution was overwhelmingly directed at women and much of the evidence and expertise
00:02:46.740on witchcraft was based on falsehoods, personal obsessions and irrational beliefs which fueled a
00:02:52.120moral panic. Witchcraft accusations and persecution were also meted out on individuals who did not
00:02:57.340conform with religious or societal expectations as a way to punish their misdemeanors. We support0.76
00:03:03.520the petition and parliament learning from other jurisdictions, notably Massachusetts USA, on ways
00:03:09.400in which historical abuses handed out by the state on accusations of witchcraft may be sensibly
00:03:14.240accounted for and in some way rectified. Humanist Society Scotland too is aware of and calls for
00:03:20.600better understanding of current witchcraft-based violence in other states. For the past six years
00:03:26.040Humanist Society Scotland has held a twinning partnership with Humanists Malawi as part of
00:03:31.420the Scotland-Malawi partnership. A significant part of Humanists Malawi work in recent years
00:03:36.340has been on education of the public at large and on campaigning on behalf of those accused of
00:03:40.960witchcraft and the impacts of such persecution. The campaign group Advocacy for Alleged Witches,
00:03:47.040AFAW, so that you'll remember is Leo Igwe, who we interviewed some time ago, have highlighted how
00:03:53.380the approach of some Western NGOs to have, quote, respect for African religious and cultural beliefs,
00:03:59.040end quote, fail to condemn or properly tackle witchcraft-based violence because they refuse
00:04:04.760to determine such beliefs as superstitions. The AF-AW states that attempts to tackle the issue
00:04:10.800by Western NGOs are at best wishy-washy programmes that paper over the problem of witchcraft allegations.
00:04:17.460We would encourage the Scottish Government and the Committee, when considering this petition on
00:04:21.860historical witchcraft, to also consider how the Government's current work in international
00:04:26.320development, particularly through the Scotland-Malawi partnership, can better challenge witchcraft-based
00:04:32.120violence. So that's really gratifying that they made such a full statement there that is obviously
00:04:38.220exactly what we are saying as well with the looking to current and contemporary issues
00:04:43.880with accusations of witchcraft. Yeah I spoke to Leo about it or should I say I spoke to him
00:04:49.980through the media of text and he was delighted to see that the work has been highlighted because
00:04:55.900again his work being highlighted helps him in terms of being taken seriously by other people
00:05:03.340saying that the work he's doing is very important assists him in his job so I'm really really glad
00:05:09.660that we're once again able to highlight the great work that he's doing and trying to assist people
00:05:14.800and also it's great the Humanist Society Scotland are working with groups in Malawi as well trying
00:05:20.960to deal with these witchcraft matters so I think that's fantastic that they're able to flag that up
00:05:27.120what was quite interesting there was touched upon issues of proofs about evidence-based matters and
00:05:33.700proofs in relation to finding people guilty of witchcraft trials because I have two women I would
00:05:40.720like to name as women not witches who are in fact women who were put to trial but were successfully
00:05:50.540acquitted because there wasn't evidence in verse commas of course there never really was evidence
00:05:55.720but in this case it was accepted that there was no evidence against these women and the two women
00:06:01.720are from Dunoon the trial took place on the 10th of September 1680 their names and that's all we
00:06:10.580know about them no other details their names were Anne MacArthur and Isabel McClartish and they were
00:06:17.920accused of having caused the death of a woman by using witchcraft and accused of having the devil's
00:06:26.000mark and it's recorded that they were investigated for having the devil's mark but it was found that
00:06:33.320they had no marks on them and that there was no evidence that they were involved in the death of
00:06:39.080the woman so they were acquitted of that charge. Interestingly what I also found and this is
00:06:45.760looking at the records which are tagged in the Survey of Scottish Witchcraft,
00:06:50.100the interactive map, was that not only were the charges dropped
00:06:54.320against the two women that were accused of witchcraft,
00:06:57.560but the accuser in this case, who isn't named,
00:07:00.900went on to be sentenced to a period of public penance.
00:07:05.960So the person, and that's the first time I've ever found that,
00:28:46.540But on the other hand, it was, nah, she's pretending to be addled in her wits1.00
00:28:50.480because that's her being a tricksy witch again.1.00
00:28:52.520She's pretending that she's got a dementia or confusion or madness.0.96
00:28:59.560And again, that splits, there's a gender split there again0.99
00:29:02.820because women were constantly accused of faking being addled in their wits.0.67
00:29:08.560Male witches who were addled in their wits got sent to the asylum.
00:29:12.240there are lists of male witches in the asylum house in edinburgh female witches were still
00:29:18.520executed but they were they were adults on their wits they couldn't put to trial and couldn't be
00:29:22.780executed so they were put away in an asylum whereas if they were female i were still going0.73
00:29:27.760to try them anyway the doctors would examine these women and say yep she's at that mary she's0.90
00:29:32.540handled in her wits and the cut minister would come in and go no she's not she's faking it and
00:29:37.500you'd end up in trial that's so fascinating so even before we get to the stage of proving someone
00:29:43.680was a witch if men were if their mental ability at that time was such that they weren't making
00:29:50.040sense that could be attributed to being a witch but if that happened to men they were placed in
00:29:58.000asylums or some of them they were most most of them were um it depended but most of them were
00:30:04.500I mean, there's a couple of cases, there's Hobgreave and Lauder who was still executed, even though he was completely addled in his wits, because of the treatment he had received while in prison.
00:30:13.840But he was still executed. But most men were. There's notes in Stobel.
00:30:19.360In Stobel, there were two men who visited the warlock in the asylum in Edinburgh.
00:30:25.860And not only was this warlock in the asylum in Edinburgh not been executed, the two men that visited him on a frequent basis were not arrested.
00:30:34.500for consulting with a witch or a warlock which was illegal now you made the point there that
00:30:38.980witches and warlocks weren't just email and nail a warlock was something different can you explain
00:30:45.860what a warlock was and why that's different yes a witch is the devil's handmaiden and that's why
00:30:52.040the majority were women although you could get male witches but if you were a man of some status
00:30:58.080the Kirk couldn't get their heads round witches having power. Witches' power had to come from
00:31:05.340the devil, had to come from Old Nick. But if you got a male witch, the Kirk got very confused by0.72
00:31:10.520this because this meant that men were on the same level as women, as witches. And so what they did
00:31:18.620was for the men who had a bit of education or a bit of money or a bit of status in the community,
00:31:23.760they got promoted to warlock and so you weren't a handmaiden anymore you were a follower because0.99
00:31:30.380witches just blindly followed down because all women are stupid we know that so we all just1.00
00:31:35.280followed what we just did as we were told because we're all idiots whereas men made a pact with the1.00
00:31:40.860devil isn't that worse yes it was worse but it was their get out of jail free card to still allow men0.99
00:31:47.680to have a superior status to women i mean one of the worst cases they had was major thomas weir
00:31:52.620of Edinburgh who was a minister and turned out to be a warlock as well he was also sleeping with
00:31:57.560his sister but they glossed over that part but yes if you were a warlock it was worse than being a
00:32:02.940witch but it did mean that you had power and also as a warlock you controlled the witches so that
00:32:08.520made sense because that's the hierarchy of the world and there had to be a hierarchy so they
00:32:13.280sort of invented warlocks and were they still executed most were was it the same method as
00:32:20.080was used with the witches with the female witches ah no the death of male witches and warlocks was
00:32:26.180also slightly different if you were a male witch you tended to be worried strangled and then your
00:32:33.020dead body burned but if you were a warlock and depending on how much money and status you had0.61
00:32:37.440you could be executed with an axe so it was a lot quicker and a lot cleaner allegedly0.54
00:32:44.180but yes you could do that there was also high numbers of male witches who were allowed to
00:32:50.960escape it's amazing how many of them managed to escape from prison I'm not aware of any female
00:32:57.020witch in the records ever managing to escape from prison male witches were also when you were0.56
00:33:02.180arrested as a female witch you went straight to the tall booth no questions asked as a male witch
00:33:07.140if you were arrested you would say oh well I mean I know I'm a witch but I don't want to go to
00:33:11.300prison can I stay at home until my trial and that was allowed so they got away with that which meant
00:33:17.680could escape those that couldn't escape often committed suicide because if you die as a witch0.89
00:33:23.840your estate is forfeit to the crown if you die as a suicide it's still a disgrace but your family0.89
00:33:29.740can inherit so the men could do that even as I say even after sentencing there's a higher rate
00:33:37.400for acquittal. Men had a higher acquittal rate than women and then even if they were found guilty0.55
00:33:43.260they frequently seemed to escape somehow the cell door seemed to be left open or something. I'm not
00:33:50.800quite sure how that happened but it seemed to happen quite a lot for men and not so much for
00:33:54.940women. I've never come across the record of a woman escaping prison ever. We came across one
00:34:00.880recently. That's the only one that I've ever found. How do you remember all this Claire? You've got
00:34:06.640such a such a sharp legal mind because i'm equally cursed and blessed with something sticking in my
00:34:13.620mind but not why i came into any given room at any time that totally escapes me but yeah
00:34:19.660there were also cases where people were found not guilty and not released there's a case in
00:34:25.380in 1629 i think where 24 people were brought to trial and 24 or 25 say it was 24
00:34:36.140and 22 of them were found guilty and executed.
00:34:40.360The other two were found, your legal mind will like this,