Chamber and committees

Petitioner submission of 5 December 2021

PE1855/E - Pardon and memorialise those convicted under the Witchcraft Act 1563

We were delighted that the Committee expressed its supportive views on the terrible miscarriage of justice that occurred to those convicted under the Witchcraft Act 1563.

This document should be read in conjunction with the previous response we provided : for some reason this was not put before the Committee on the last occasion.

Given the Scottish Government response that a legislative approach is the appropriate one, as we had previously identified, we invite the committee to propose a Committee Bill. We understand such proposal would include the first (2) things, and can include (3)

1. A statement that the Committee is proposing a bill.
2. An explanation as to why the bill is needed and what it would do : put short the bill is needed to acknowledge that the state accused and executed thousands of people, mostly women, in what is universally acknowledged as a terrible miscarriage of justice. A pardon would provide a public declaration of the wrong done to these people and provide a record for historical accuracy that their conviction was a miscarriage of justice. This will restore to the history books an acknowledgment that these people were, as one memorial states “just folk”.
3. A draft of the bill. A bill is very simple in the present case, and needs no more than two sections. The below is drafted having looked at the wording of the Historical Sexual Offences (Pardons and Disregards) Act https://www.legislation.gov.uk/asp/2018/14/contents/enacted and the draft Miners Bill (the intention of the latter legislation being to provide a collective symbolic pardon which recognises the disproportionate consequences suffered by many miners because of their participation in the strike – with the Scottish Govt also acknowledging in its response that the Witchcraft Act 1563 was disproportionate and discriminatory against women)

“(1) Purpose of this Act

The purpose of this Act is to acknowledge the wrongfulness and discriminatory effect of past convictions for certain witchcraft offences by—

pardoning persons who have been convicted of those offences

(2) Witchcraft Offences – Defintion

(2) In this Act “witchcraft offences” mean any offences under the Witchcraft Act 1563

Like the proposed Miner’s Act the Act will be collective and posthumous and not require any administration.

In ordinary course Committees require to ask for the views of the public and any relevant organisations for its views, but this has already been done with the period of public consultation on the petition: the Committee have the views of the public in response to the bill, and also from the Humanist Society Scotland who decided to respond to the petition, as well as the Scottish Government who accept that the Act was discriminatory and, as is stated in its response to the petition.

“There are clearly similarities between the injustices of those convicted in a discriminatory manner for same sex sexual activity and the injustices of women classed as witches many centuries ago which could justify legislative steps being taken in this area”

Accordingly it is submitted that the Committee presents a report to the Scottish Government in the foregoing terms requesting that the Government considers legislation in this regard. Further it is submitted that Committee should consider asking the Govt to make an apology to all those affected by the witchcraft trials and ask the Culture Committee to consider a national monument to reflect both scottish history and the story of scottish women and men wrongly persecuted.

It is submitted that this could be considered, at least for the first time, in time for International Women’s Day 2022.

Claire Mitchell QC

Zoe Venditozzi

WITCHES OF SCOTLAND