Committee
Citizen Participation and Public Petitions Committee 23 February 2022
23 Feb 2022 · S6 · Citizen Participation and Public Petitions Committee
Item of business
Continued Petitions
Witchcraft Act 1563 (Pardon and Memorial) (PE1855)
Claire Mitchell
Watch on SPTV
We of course acknowledge that these things happened a very long time ago. That is a relevant and necessary question for us to be able to answer. My first answer is that there is no time limit on justice. It was wrong when it happened; those people were not guilty of those offences and they paid a terrible price, in the most brutal way. That they were convicted and killed as witches was wrong then and it is wrong now. Rather than, “Why would we do this now, hundreds of years later?”, we might ask, “Why didn’t we do this hundreds of years ago—why has it taken until now to address that point in Scottish history?” I very much believe that the answer is that history is written by the victors. It was not written by the people who could not write—the ordinary people who could not record their history in that way. As such, the history of witchcraft in Scotland has fallen to the side. It has been an academic exercise, but not one for the general public. In respect of the question that you ask about changing times and how we can square what happened then with the modern day, one of the things that really encouraged me to lodge this petition was the recent parliamentary decision to pardon people who were convicted of homosexual offences many years ago. What the Parliament said when it granted the pardon to those people who were convicted of same-sex offences was that those people ought never to have been criminalised, as the thing that they did is not a crime. That is true for those people—I heartily endorse that—and it is also true for the people who were killed as witches. One other thing that I reflect on when we talk about these events being a long time ago is that, although 300 or 400 years seems like a long time, it is the blink of an eye in the grand scale of history. We still talk about things that affected Scotland 300 or 400 years ago—those things are important to us. Once again, I hesitate to say it, but the history that we know better is to do with, for example, battles that happened a considerably longer time ago than that, and we still reflect upon and learn from those things. I hope that, in the modern day, we can reflect upon what happened during the period that the petition is concerned with and bring those reflections to the 21st century in a way that is of use. People say, “What’s the point? It was hundreds of years ago and you can’t help those people now.” To that, I say that we can do something to help them: we can try to restore those people properly to history as people who suffered a miscarriage of justice—that is the first thing—but we can also, as citizens, reflect upon what caused what happened to happen and why people who were in a vulnerable situation were subject to allegations and were used in a power structure that meant that they paid with their lives. We can reflect on that wrong and vow to do better. As Zoe Venditozzi has said, more broadly, it is a symbol for the world. She might want to say a bit more about that.
In the same item of business
The Deputy Convener (David Torrance)
SNP
Welcome to the third meeting in 2022 of the Citizen Participation and Public Petitions Committee. There are apologies from our convener, Jackson Carlaw, and ...
Claire Mitchell QC
Good morning. Thank you for the opportunity to speak and to answer any questions that you have for us. We are delighted about the progress that has already b...
The Deputy Convener
SNP
Zoe Venditozzi, do you have any initial comments?
Zoe Venditozzi
I will just say thank you for having us.
The Deputy Convener
SNP
I will start the questions. What first led you to explore the experience of witches who were convicted in Scotland, and why did you feel that it was importan...
Claire Mitchell
I work as a lawyer, and I have specialised over past years in cases that involve miscarriages of justice. I therefore look through the lens of history at whe...
The Deputy Convener
SNP
Thank you for that comprehensive answer. I was going to speak about pardons, an apology and a national monument, all of which you have covered. Does Zoe Vend...
Zoe Venditozzi
It is important and it has become increasingly obvious to us during the campaign that, sadly, the issue is not relegated to the past. There are countries aro...
The Deputy Convener
SNP
Thank you. My colleagues will now ask questions.
Ruth Maguire (Cunninghame South) (SNP)
SNP
Good morning, Zoe and Claire. Thanks for being with us. What would lead to a woman being accused of witchcraft? There are some misapprehensions about the ty...
Zoe Venditozzi
Sadly, that could have been anything. The person might have fallen out with somebody about the price that they had paid for something, they might have been a...
Claire Mitchell
There are misconceptions that the people who were accused were healers or midwives—that is a common misconception—that they had red hair, or that there was s...
The Deputy Convener
SNP
Ruth, do you have any further questions?
Ruth Maguire
SNP
I do. Will I just keep coming back in, convener?
The Deputy Convener
SNP
Yes, please, and indicate when you are finished.
Ruth Maguire
SNP
Okay. I will not wait for an invite. Who would normally conduct the trials, and what sort of evidence would be used to secure a conviction? Claire, you gave...
Claire Mitchell
Certainly. Another misconception is that the trials were religious trials, but they were conducted by the state, and that is why it is appropriate for the st...
Ruth Maguire
SNP
In your opening statement, you mentioned 2,500 people being executed and 4,000 being tortured. How confident are you that the figures set out in the survey o...
Claire Mitchell
The experts have obviously done a great deal of research on the matter. In so far as they have been able to, they have gone through the records of what happe...
Ruth Maguire
SNP
That does say something to the scale of it. I want to ask about the change in law in 1735 after the so-called “glorious revolution”. Will you talk a bit mor...
Claire Mitchell
I will answer that legal question and then perhaps Zoe Venditozzi can take over. The state and the church vehemently believed that the devil was among us....
Ruth Maguire
SNP
Zoe, do you have anything to add on those questions?
Zoe Venditozzi
No. Claire has definitely covered everything from the legal perspective. I am not a lawyer; I have come into this like any normal person who does not know an...
Alexander Stewart (Mid Scotland and Fife) (Con)
Con
It has been fascinating to hear the history that you have given us and to gain an understanding of the culture in Scotland at the time and the power of the s...
Claire Mitchell
We of course acknowledge that these things happened a very long time ago. That is a relevant and necessary question for us to be able to answer. My first ans...
Zoe Venditozzi
I would just say that, although we have changed a lot over time and have, obviously, grown and now view ourselves as being more civilised, there is still an ...
Alexander Stewart
Con
You talk about the miscarriage of justice, and I think that many people would identify that as the core issue. However, many would also identify the fact tha...
Claire Mitchell
Absolutely—I could not agree more. That is exactly how it was. What we want for Scotland in the 21st century and looking forward is a generation that comes a...
The Deputy Convener
SNP
I believe that Ruth Maguire has some more questions. 10:30
Ruth Maguire
SNP
I think that they have been covered. I wanted to explore a bit more the discriminatory nature of the issue, but the petitioners have told us in their evidenc...