Bullet point 3 - reasons extent of persec Scotland to 1597

• Judicial Procedures

  • 2 major hunts 1590s - North Berwick of 1590-91 and hunt of 1597.
  • 1591-97 number of other trials
  • 1595 three suspected witches sent to Edinburgh from Caithness after apparently fraternising with Bothwell.
  • Same year, number of witches burned in Scottish boarder region Merse.
  • 1596 Alison Jollie held at Edinburgh, accused of hiring witch to kill neighbour.
  • All cases 1592-96 relatively isolated.
  • 1597 a national hunt began.
• • Historian Cristina Larner suggested a general commission for the trying of witches was established in closing stages of NB panic, miscarriages of justice meant it was revoked.
  • Julian Goodare questioned whether formal commission existed at all 1591-97, argues procedures for trying witches did not change 1590s.
• • Judicial procedures 1591-97 made trials easy to arrange and convictions likely.
  • October 1591, 5 judges named on commissions , given commission to torture at will.
  • Mid 1592 commissions given by the king to nobles and magistrates for the investigation and trial of witches.
  • 1595, authorities in Edinburgh tortured a suspected witch, Alison Balfour, for 2 days without warrant from the king.
  • Her 81 year old husband tortured by having iron bars pressed on his body, son tortured with boots, and daughter with thumbscrews.
  • Executed despite recanting confession made under torture.
• • 1596, James proclaimed all requests for commissions go to Privy council, not him.
  • Same year, commission given to Sir William Steward to investigate accusations of sorcery and witchcraft, as well as other crimes (murder and theft etc)
• • The next great hunt in NB 1597, large trial took place in Aberdeen against Janet Wishart.
  • Accused of raising storms and causing injury to victims with several accomplices.
  • Executed with one of her accused accomplices.
  • Hunt over by October, but had spread as far as Fife, Perthshire and Stirlingshire, leading to around 400 accusations: Margaret Aitken.
  • She travelled around ScOutland with the King‘s agents to identify witches for trial. Authorities became sus in August when she began proclaiming people as witches that she had previously said were innocent.
  • Hunt ended, 30 yrs till next.
• • 1597 hunt not officially documented by central gov because many interrogations at local level.
  • Came at time of poor harvest, widespread plague and disease (ideal conditions for hunt).
  • Judicial procedures also contributed to increased executions, under instruction of local officials who relied on disgruntled local witnesses.
  • The rogue judicial system meant miscarriages of justice were more likely to take place.
• • In law, torture could only take place with consent of Pruvy Council or Parliament of Scotland, but as Acottish monarchy relatively weak, local judges often allowed torture without suffering repercussions.
• Lack of strong central control

  • James always had problems maintaining central control.
  • The Kirk had vested interest in ensuring James failed.
  • 1585 and 92, relatuve peace between monarch and Kirk, relations broke down after 1592, open conflict in 1596.
  • Friction caused by James‘ unwillingness to take action against Catholics in Scotland.
• • Trials often carried out by local officials without interference and no instructions from central gov on how to carry out trials.
  • Difficult for the gov to maintain control far from Edinburgh, in the Highlands and Islands. In these areas, most trials on estates of large landowners, reports to Privy council limited.
  • Bothwell’s role a threat, as long as James remained without an heir, he could make claim to Scottish throne.
  • If James married Anne and had children, Bothwell had no claim.
• The role of King James and significance of ‘Daemonologie’

  • Published 1597, following the witch hunt of that year.
  • Outlines reasons for writing, stating Reginald Scot’s sceptical work in particular had caused him to clarify his stance on witches.
  • Key points: reality of witchcraft, Devils power and danger on earth, allegiance to the devil, power of witches and devil limited by God at beginning of time.
  • Provided guide for identifying: devils mark, swimming test, demonic possession, and women in particular due to Eve.
• • Deffo conceived in response to trials of 1590-91, and its publication towards end of 1597 suggests immediate reaction to trials of that year.
  • James talks of the hunts as a recent event, a plan to publish the 1597 witches’ confessions at the same time.
  • James had role in promoting NB hunt, but his role in 1597 was a sceptic rather than someone who encouraged persecutions.
  • Argues 1592 James was content to pass on much responsibility.
• • Definitive evidence James wanted to interrogate witches personally in 1597, took active interest in Stirlingshire. September 16th, ordered magistrates of Stirling to send unnamed suspect witch to him. Case close to being squashed but reignited in response to letter from King.
  • Apparent miscarriages of justice in 1597 affected James, became sceptical of witchcraft by turn of next decade. More concerned with discovering fraudulent witches.
  • He wrote a letter to his son, Prince Henry, congratulating him on uncovering a false witch, warned caution.
• • Overall, if a less sus monarch was on the throne, local officials may not have been give such free hand to carry out torture, trials and execution.
  • Additionally, weakness of monarch and long rivalry in Scotland, also played part.
  • Bothwell clearly wanted the throne, but his involvement unknown.