A PETITION to the Scottish Parliament seeking a pardon for, and a national memorial to, the nearly 4000 people in Scotland who were convicted under the 1563 Witchcraft Act was accepted yesterday by the Citizen Participation and Public Petitions Committee.
The committee agreed that they should write to both the Scottish Government and the petitioners, the Witches of Scotland group, to explore matters further, and that may include the examination of a specific case or cases.
Between 1563 and 1736, when the Act was repealed, as many as 2000 people or more were executed – usually by being strangled and burned – for crimes of witchcraft with 85% of them being women.
The petition by Claire Mitchell QC calls “on the Scottish Parliament to urge the Scottish Government to pardon, apologise and create a national monument to memorialise those people in Scotland accused and convicted as witches under the Witchcraft Act 1563.”
READ MORE: Why a campaign to pardon Scots women killed as witches is starkly relevant today
Some 3414 signatures and 296 comments have been received by the Committee, including a submission by the Scottish Government.
Committee chair Jackson Carlaw MSP, the former leader of the Scottish Conservatives, told members: “In its submission the Scottish Government explains the process involved in granting a free pardon.
“If such a pardon is granted the conviction is disregarded to the extent that as far as possible, the person is relieved of all penalties and other consequences of the conviction.
“The conviction is not quashed, however, as only the courts have that power.
“The responsibility to review and refer alleged miscarriages of justice to the High Court lies with the Scottish Criminal Cases Review Commission. The Commission has the power to review a case, even after the death of the person or persons convicted.”
Carlaw (below) said the Humanist Society Scotland had provided a submission in support of the pardon outlined in the petition.
During the Committee’s discussions yesterday, Tess White MSP said the killing of more than 2000 people under the act should be recognised as “horrific”.
MSP Bill Kidd said: “It’s a matter of long-standing concern which still resonates today in some parts of the world but it resonates with people in Scotland on the basis that injustice was done to a large number of people.”
Paul Sweeney MSP suggested that instead of a referral to the Criminal Cases Review Commission, the First Minister should write to the Queen recommending the use of a Royal Prerogative of Mercy – the so called Royal Pardon.
A Scottish Parliament spokesperson said: “The Committee was sympathetic to the issues raised by this petition.
“MSPs have agreed to explore these further with the petitioner and the Scottish Government and their responses will be considered at a future meeting.”
Mitchell said: “We are delighted that the Citizen Participation and Public Petitions Committee have engaged so positively with the petition.
“Each of the Committee members expressed a view that they wished to take the matter forward and are now seeking more information from us and from the Scottish Government about the mechanics of pardoning those convicted.
“We have a real opportunity to address a terrible historic miscarriage of justice which allows us to address our past and to remind us never to repeat it.”
Witches of Scotalnd tweeted: “The Committee has decided to ask for more information from us and the Scottish Government on the technicalities of obtaining a pardon. It was good to hear that the committee recognised the wrong done to the 4000 people accused of witchcraft under the Witchcraft Act 1563. We have been invited to submit further representations to the Committee and the Committee have also asked the Scottish Government to advise the Committee on how a pardon could be obtained.”
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