Faith: The Kirk and the Witch Hunts, 1563–1736
Faith · No. 21Card 021

The Kirk and the Witch Hunts, 1563–1736

Contents
  1. TL;DR
  2. Key Findings
  3. Key Facts
  4. Claim Status
  5. After the Reformation
  6. North Berwick and the King
  7. How the Hunts Worked
  8. Why So Many?
  9. 1697: Paisley and Aikenhead
  10. How Historians Changed the Story
  11. The End of the Hunts
  12. Belief After the Law
  13. Apology and Memory
  14. Timeline
  15. Did You Know?
  16. Honest Caveats
  17. FAQ
  18. Related
  19. Sources

TL;DR

Between the Witchcraft Act of 1563 and its repeal in 1736, around 4,000 people in Scotland were accused of witchcraft. Probably more than half were executed, usually strangled and then burned. Around 84% of the accused were women. Scotland's per-head rate of prosecution was among the highest in Europe. The reformed Kirk, through its local kirk sessions, played a central part in identifying suspects, alongside local landowners and the Privy Council. In 2022 the First Minister issued a formal apology to those accused.

Key Findings

  • Witchcraft became a capital crime in 1563. The Scottish Parliament passed the Witchcraft Act three years after the Reformation, and it stood until the British Parliament repealed it in 1736.
  • The scale was large for a small country. The University of Edinburgh's Survey of Scottish Witchcraft names 3,837 accused people. Estimates of executions range up to about 2,500.
  • Most of the accused were women, about 84%, often older, poor or living on the margins.
  • The hunts came in waves. There were major panics in 1590–91, 1597, 1628–30, 1649–50 and 1661–62, rather than a steady stream of cases.
  • The Kirk was central, not the only actor. Kirk sessions gathered accusations and confessions, but trials needed authority from the Privy Council or Parliament, and local lairds and ministers drove many cases.
  • There has been an apology, but no pardon in law. Nicola Sturgeon apologised on 8 March 2022. A proposed bill to pardon those convicted had not become law at the time of writing.

Key Facts

Witchcraft Act
1563, Scottish Parliament
Repeal
1736 (Witchcraft Act 1735, Great Britain)
Accused
3,837 named (Survey of Scottish Witchcraft); about 4,000 is often cited
Executed
Estimated at up to about 2,500 (estimates vary)
Women among accused
About 84%
Peak panics
1590–91, 1597, 1628–30, 1649–50, 1661–62
Usual method of execution
Strangling, then burning
Last execution (traditional)
Janet Horne, Dornoch, usually dated 1727
Apology
First Minister Nicola Sturgeon, 8 March 2022

Claim Status

established

  • the Act of 1563 and its repeal in 1736;
  • the number of named accused in the Survey;
  • the role of kirk sessions;
  • the waves of panic;
  • the 2022 apology.

shared

  • execution totals. They depend on incomplete records, so scholars give ranges rather than a single figure.

disputed

  • the date and details of the last execution. Janet Horne at Dornoch is traditionally dated 1727, but records are thin and some historians suggest other dates.
  • how far the hunts were driven by the Kirk, as opposed to the state and local elites.

traditional

  • that witches were "burned alive" as standard. In Scotland most were strangled before burning.
  • that the "ducking" or swimming test was routine. It was used much less than in England.

After the Reformation

The Reformation Parliament of 1560 abolished papal authority and the Mass. Three years later, Parliament made witchcraft and consulting witches capital crimes. The new Kirk sought a godly society, and its kirk sessions disciplined sin at parish level, which put ministers and elders at the front line of accusations.

North Berwick and the King

The first great panic came in 1590–91. James VI believed witches had raised storms against his ship as he brought his bride home from Denmark. Dozens of people in East Lothian were accused of gathering at North Berwick kirk with the Devil. The king took part in interrogations, and in 1597 he published Daemonologie, a treatise on witchcraft. Torture, though legally restricted, was used. The most common method was sleep deprivation, known as "waking" or "watching".

How the Hunts Worked

An accusation often began with a quarrel, a curse, or a misfortune such as sick cattle or a dead child. Neighbours reported the suspect, the kirk session gathered evidence and sought a confession, and a search might be made for the "Devil's mark". A trial required a commission from the Privy Council or Parliament. During the great panics, commissions were issued in batches, and local courts of lairds and burgh officials tried and executed the accused.

Why So Many?

Historians point to several factors:

  • religious zeal after the Reformation;
  • the belief that witches made a pact with the Devil, which turned folk magic into heresy;
  • a legal system that let local elites run trials;
  • periods of famine, plague and political crisis.

Scotland executed far more people for witchcraft per head of population than England.

1697: Paisley and Aikenhead

The last determined witch-hunt came in 1697 in Renfrewshire, after Christian Shaw, the young daughter of the laird of Bargarran, accused local people of bewitching her. Several of those convicted in the Paisley trials were executed. In the same year, the Edinburgh student Thomas Aikenhead was hanged for blasphemy, an execution the historian Jenny Wormald calls brutal and "probably illegal". She reads the two events together. In the 1690s, she argues, the Kirk was losing confidence. Edinburgh students were reading Hobbes, Spinoza and the deists, and the Kirk was lashing out to regain control. To outsiders, the result confirmed an image of the "horrendous godliness" of the Scottish Kirk. Stewart J. Brown notes that Aikenhead's was the last execution of its kind in Scotland, and that the growing language of toleration, influenced by John Locke, helped end both blasphemy and witchcraft prosecutions over the next generation.

How Historians Changed the Story

Modern study of the Scottish witch-hunt began with Christina Larner's Enemies of God (1981). She showed how often kirk sessions took the initiative in seeking out suspects, who could include local healers skilled in herbal remedies. Julian Goodare has since stressed that the hunt was directed overwhelmingly against women. In his reading, the godly commonwealth was making an intrusive effort to control women and their sexuality. Historians of the family, such as Lauren Martin, now also use witchcraft depositions as rare evidence of quarrels and tensions within and between ordinary households.

The End of the Hunts

From the late seventeenth century, judges grew sceptical of confessions and of "spectral" evidence, and prosecutions declined. In 1736 the British Parliament replaced the old laws with an Act that treated pretending to have magical powers as fraud. That Act was itself repealed only in 1951.

Belief After the Law

shared Repeal ended prosecutions, not belief, and emigrants took ideas about witches across the Atlantic. The historian David Hackett Fischer, in Albion's Seed (1989), traces folk magic in the American backcountry, which was settled in the eighteenth century largely from Ulster, the Scottish Lowlands and the north of England. Samuel Kercheval, writing of the Valley of Virginia in 1833, remembered "witch-masters" who "made a public profession of curing these diseases, inflicted by the influence of witches", as quoted by Fischer. Fischer also notes that no one is known to have been executed for witchcraft anywhere in the southern highlands. The belief crossed the ocean; the machinery of kirk session, commission and assize did not.

shared Two cautions apply. Fischer himself says this folklore came from Ireland, Scotland and the north of England, and was constantly added to from Native American, African and German sources, so no single charm can be called Scottish without separate evidence. And most of his examples were collected by folklorists in North Carolina and the Ozarks in the twentieth century. They show that witch belief lasted among the descendants of British emigrants; they say little about what any Scottish parish believed in 1700.

Apology and Memory

The Witches of Scotland campaign, launched in 2020 by the lawyer Claire Mitchell and the writer Zoe Venditozzi, called for an apology, a pardon and a national memorial. On International Women's Day 2022, Nicola Sturgeon apologised in the Scottish Parliament for "an injustice of epic proportions". Some historians argued that an apology for events centuries old was a political rather than historical act. Others welcomed it.

Timeline

1560

Reformation Parliament —

1563

Witchcraft Act — Capital crime

1590–91

North Berwick trials — James VI involved

1597

Daemonologie published; national panic —

1628–30

Major panic —

1649–50

Major panic — Covenanting regime

1661–62

The largest panic — After the Restoration

1697

Paisley (Bargarran) witch trials; Thomas Aikenhead hanged for blasphemy — Last determined hunt

1727 (traditional)

Janet Horne executed, Dornoch — Date disputed

1736

Witchcraft laws repealed —

1833

Samuel Kercheval's History of the Valley of Virginia recalls backcountry "witch-masters" — Belief carried by emigrants

8 Mar 2022

First Minister's apology —

Did You Know?

  • James VI personally questioned suspects in the North Berwick trials.
  • The 1736 replacement Act made it a crime to claim magical powers. It was used against spiritualist mediums into the twentieth century and was repealed in 1951.
  • The University of Edinburgh's Survey of Scottish Witchcraft database is free to search online.
  • In the eighteenth-century American backcountry, where many Scottish and Ulster emigrants settled, people still paid "witch-masters" to cure bewitchment, yet no one there is known to have been executed for witchcraft.

Honest Caveats

  • Execution numbers are estimates, because many trial outcomes are unrecorded. Published figures vary widely: Stewart J. Brown's survey chapter in the Oxford Handbook of Modern Scottish History gives "some fifteen hundred women" executed, well below the higher estimates of up to 2,500.
  • Repeal date: the repealing statute is the Witchcraft Act 1735 and took effect in 1736, so both dates appear in the literature.
  • The last execution's date and details rest on limited evidence.
  • Responsibility was shared: the relative roles of the Kirk, the Crown and local elites are still debated.
  • Emigrant folklore: do not present the witch charms collected in Appalachia and the Ozarks as Scottish. Fischer says they came from Ireland, Scotland and northern England and were mixed with other traditions, and most were recorded in the twentieth century. His wider "borderland" thesis about the backcountry is influential but contested.

FAQ

1How many people were accused of witchcraft in Scotland?

The Survey of Scottish Witchcraft names 3,837. About 4,000 is often cited.

2How many were executed?

Estimates vary, ranging up to about 2,500, probably more than half of those accused.

3Were they burned alive?

Usually not. Most were strangled before their bodies were burned.

4Was the Kirk responsible?

Kirk sessions played a central role, but trials needed state authority, and local elites drove many cases.

5Has Scotland apologised?

Yes. The First Minister apologised in 2022. A legal pardon had not been enacted at the time of writing.

6Did belief in witches end with the repeal of 1736?

No. The new Act ended prosecutions for witchcraft, but folk belief in witches and charms lasted much longer, in Scotland and among emigrants abroad.

7Did Scottish emigrants take witch belief to America?

Partly. The historian David Hackett Fischer finds "witch-masters" and witch lore in the eighteenth-century backcountry settled from Ulster, Lowland Scotland and northern England. The lore was mixed from several sources, so it cannot all be traced to Scotland.

8Were there witch trials in the American backcountry?

Fischer found no known execution for witchcraft anywhere in the southern highlands, unlike seventeenth-century New England or Scotland.

Sources

Primary/Institutional

Scholarly/Critical

  • David Hackett Fischer, Albion's Seed: Four British Folkways in America (Oxford University Press, 1989)

General

Further reading

  • Christina Larner, Enemies of God: The Witch-Hunt in Scotland (London: Chatto & Windus, 1981).

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