MarketWitch trials in early modern Scotland
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Witch trials in early modern Scotland

In early modern Scotland, in between the early 16th century and the mid-18th century, judicial proceedings concerned with the crimes of witchcraft took place as part of a series of witch trials in Early Modern Europe. In the Late Middle Ages, there were a handful of prosecutions for harm done through witchcraft, but the passing of the Witchcraft Act 1563 made witchcraft, or consulting with witches, capital crimes. The first major issue of trials under the new act were the North Berwick witch trials, beginning in 1590, in which King James VI played a major part as "victim" and investigator. He became interested in witchcraft and published a defence of witch-hunting in the Daemonologie in 1597, but he appears to have become increasingly sceptical and eventually took steps to limit prosecutions.

Origins
Legal origins , from his Daemonologie (1597) For late medieval Scotland there is evidence of occasional prosecutions of individuals for causing harm through witchcraft. High-profile political cases included the action against John Stewart, Earl of Mar for allegedly using sorcery against his brother King James III in 1479. They were accused of divination and malefice, using harmful magic. From the late sixteenth century attitudes began to change, and witches were seen as deriving powers from the devil, with the result that witchcraft was seen as a form of heresy. These ideas were widely accepted by both Catholics and Protestants in the sixteenth century. Role of James VI James VI's visit to Denmark in 1589, where witch-hunts were already common, may have encouraged an interest in the study of witchcraft, and he came to see the storms he encountered on his voyage as the result of magic. The king subsequently set up royal commissions to hunt down witches in his realm, recommending torture in dealing with suspects. James is known to have personally supervised the torture of women accused of being witches. James imported continental explanations of witchcraft. In the view of Thomas Lolis, James I's goal was to divert suspicion away from male homosociality among the elite, and focus fear on female communities and large gatherings of women. He thought they threatened his political power so he laid the foundation for witchcraft and occultism policies, especially in Scotland. The point was that a widespread belief in the conspiracy of witches and a witches' Sabbath with the devil deprived women of political influence. Occult power was supposedly a womanly trait because women were weaker and more susceptible to the devil. However, after the publication of Daemonologie his views became more sceptical, and in the same year he revoked the standing commissions on witchcraft, limiting prosecutions by the central courts. == Nature of the trials ==
Nature of the trials
Although Scotland had probably about one quarter of the population of England, it had three times the number of witchcraft prosecutions, at an estimated 4,000 to 6,000 over the entire period. This was about four times the European average. The overwhelming majority were in the Lowlands, where the Kirk had more control, despite the evidence that basic magical beliefs were very widespread in the Highlands. Persecution of witchcraft in Orkney differed from the mainland with most trials taking place before 1650. Large series of trials included those in 1590–91 and the Great Scottish Witch Hunt of 1597, which took place across Scotland from March to October. At least 400 people were put on trial for various forms of diabolism. The number of those executed as a result of these trials is unknown, but is believed to be about 200. Later major trials included hunts in 1628–31 and 1649–50. Probably the most intense witch-hunt was in 1661–62, which involved some 664 named witches in four counties. 's Discovery of Witchcraft, 1584 Most of the accused, some 75%, were women, though some men were also executed as witches or as warlocks. Modern estimates indicate that over 1,500 persons were executed. Most of these were older women, with some younger women and men accused because they were related to an accused witch, usually as daughters and husbands. Some men were accused because they were folk healers who were felt to have misused their powers, although folk healers as a group were not targeted. Most were not vagrants or beggars, but settled members of their communities. Most had built a reputation for witchcraft over years, which resulted in prosecution when a "victim" suffered ill fortune, particularly after a curse had been issued. The use of curses by some women as a means of acquiring social power may have made this process more likely to occur. Almost all witchcraft prosecutions took place in secular courts under the provisions of the 1563 Act. In 1649 the religiously radical Covenanter regime passed a new witchcraft act that ratified the existing act and extended it to deal with consulters of "Devils and familiar spirits", who would now be punished with death. There were three main types of court in which accused witches could be tried. First was the Court of Justiciary in Edinburgh, which took cases from all over Scotland, with a heavy bias to the local region. Next were the circuit courts, presided over by judges from the central courts and held in the various shires of the country. Finally, there were a series of ad hoc local courts, held under commissions by the Privy Council or Parliament and staffed by local landholders and gentlemen to try witches in the places where they were accused. Based on known outcomes, the execution rates for the local courts were much higher than the courts run by professional lawyers, with the local courts executing some 90 per cent of the accused, the Judiciary Court 55 per cent, but the circuit courts only 16 per cent. After the revocation of the standing commissions in 1597, the pursuit of witchcraft was largely taken over by kirk sessions, disciplinary committees run by the parish elite, and was often used to attack "superstitious" and Catholic practices. The central courts only launched a trial when the Privy Council issued a commission, although the council did not have full control over prosecutions in the Court of Judiciary. Scottish witchcraft trials were notable for their use of pricking, in which a suspect's skin was pierced with needles, pins and bodkins as it was believed that they would possess a Devil's mark through which they could not feel pain. Professional prickers included John Kincaid and John Dick, whose actions helped set off the outbreak of witch-hunting in 1661–62, and whose exposure as frauds, and subsequent imprisonment, helped end the trials. Judicial torture was used in some high-profile cases, like that of John Fine, one of the witches accused of plotting the death of the king in 1590, whose feet were crushed in a shin press, known as the boots. However, these cases were relatively rare. Confessions, considered the best evidence for conviction, were more usually extracted by "waking" the witch, keeping the suspect sleep deprived. After about three days individuals tend to hallucinate, and this provided some exotic detail in witchcraft trials. In Scotland, convicted witches were usually strangled at the stake before having their bodies burned, although there are instances where they were burned alive. == Witch beliefs ==
Witch beliefs
'' The belief that witches could cause harm was common among all social groups in early modern Scotland. In 1701 in Anstruther, Elizabeth Dick had been turned away from the local mill when begging. She cursed the mill and several witnesses testified that the grain in the mill turned red. Only when one of the people who had refused her help ran after her and gave her alms did she bless the mill and everything returned to normal. Alison Dick of Kirkcaldy in Fife was accused with her husband by neighbours for putting 'curses' on them, and was burned to death on 8 November 1633. She is one of the thirteen accused witches in an exhibition Witches in Word, Not Deed by artist Carolyn Sutton, at the Edinburgh Central Library in 2023. == Decline ==
Decline
In the seventeenth century there was growing scepticism about the reality of witchcraft among the educated elite. East Lothian in 1678 and in Paisley in 1697. The last executions in the records of the central courts were in 1706. The last trial was held in the court of a sheriff-depute at Dornoch in 1727, and was of questionable legality. The British Parliament repealed the 1563 act in 1736, making the legal pursuit of witches impossible. Nevertheless, basic magical beliefs persisted, particularly in the Highlands and Islands. == Causes ==
Causes
Various reasons for the Scottish witch-hunt, and its more intense nature than that in England, have been advanced by historians. Older theories, that there was a widespread pagan cult that was persecuted in this period and that the witch-hunts were the result of a rising medical profession eliminating folk healers, have been discredited among professional historians. Christina Larner suggested that the outbreak of the hunt in the mid-sixteenth century was tied to the rise of a "godly state", where the reformed Kirk was closely linked to an increasingly intrusive Scottish crown and legal system. It has been suggested that the intensity of Scottish witch-hunting was due to an inquisitorial judicial system and the widespread use of judicial torture. However, Brian P. Levack argues that the Scottish system was only partly inquisitorial and that use of judicial torture was extremely limited, similar to the situation in England. A relatively high level of acquittal in Scottish trials may have been due to the employment of defence lawyers in Scottish courts, a benefit not given accused witches in England. The close involvement of the Scottish Kirk in trials and the decentralised nature of Scottish courts, where local magistrates heard many cases (in contrast to England where most were before a small number of circuit judges), may have contributed to higher rates of prosecution. The diabolic pact is often stated as a major difference between Scottish and English witchcraft cases, but Stuart Maxwell argues that the iconography of Satan may be an imposition of central government beliefs on local traditions, particularly those concerned with fairies, which were more persistent in Scotland than in England. The proliferation of partial explanations for the witch-hunt has led some historians to proffer the concept of "associated circumstances", rather than one single significant cause. ==21st-century pardons and memorials==
21st-century pardons and memorials
In 2020 and 2021, three centuries after repeal of the Witchcraft Act, and after a two-year campaign by the Witches of Scotland group, a member’s bill in the Scottish parliament has the support of the Scottish administration to clear the names of those accused. On the International Women's Day in 2022, First Minister Nicola Sturgeon officially apologized on behalf of the Scottish government to those accused under the Witchcraft Act. The Kirk apologised in May 2022 for its part in the persecution of those accused of witchcraft. In Forfar, a plaque was placed on the Town House which has been built on top of the tolbooth where the victims of the Forfar witch trials were imprisoned; in additional a local couple also erected a memorial to the victims close to Forfar loch. In 2023, there was an exhibition of thirteen figures of accused witches, Witches in Words, not Deeds, created by Carolyn Sutton. Alison Dick was one of the figures exhibited at Edinburgh's Central Library. ==See also==
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