Trial by Torment and Torture: Were Scottish ‘Witches’ ever truly fit to stand trial? By Donna Crighton

Can signs of dementia and a physical deformity be used as evidence of witchcraft? In a dark era of Scotland’s history it certainly could and that was the case with Janet Horne and her daughter. Neighbours made absurd assumptions that the daughter’s deformed hands were hooves and that Janet had turned her daughter into a horse so she could ride her to meetings with the Devil. This all led to a trial, a daughter escaping and an execution which was the last in Scotland. It influenced the legal system to re-examine the Witchcraft Act. If we evaluate her case along with a few others, you can see how communities were driven by their own mass hysteria and how the early justice system allowed them to target the most vulnerable.  

The Scottish Witch Trials occurred between 1563 and 1736 and took the lives of an estimated 2,500 people. A fair trial was not a consideration back then with so many being prosecuted with no legal support. While some were identified as witches due to their pre-existing mental health conditions, others developed mental health conditions due to their torture and treatment, which included sleep deprivation. In 1584, Reginald Scot in his book ‘The Discoverie of Witchcraft’ argued that women accused of witchcraft were often experiencing a ‘melancholic temperament’ caused by excess black bile. He states that this excess bile would make a person mentally unwell (melancholic temperament) and cause hallucinations, delusions and melancholia (clinical depression). However, King James VI wrote in his book ‘Daemonologie (1597), that witchcraft was a choice and a pact with the devil, not a mental illness.   

In the Scotsman newspaper article ‘Scotland’s ‘witches’, Consultant Psychiatrist Dr John Marshall argued that within psychiatry there seemed to be the belief that mental disorders were prevalent among those accused and that auditory hallucinations were seen as the ‘work of Satan’ by the superstitious accusers. He suggested that many of the accused were actually sleep deprived and tortured until they confessed. He added that those who had experienced this would of course end up with acute psychotic symptoms such as delusional beliefs. Professor Margeret Malloch agreed that many imprisoned were disorientated, suffering from illness and possibly suicidal when making confessions of witchcraft.  

During the 18^th century, there were no assessments of ‘fitness to stand’ trial like in the modern legal system of Scotland. There is now a legal process that ensures a fair trial and four requirements must be met under Criminal and Mental Health legislation to determine an individual’s fitness to stand trial. The core principles are whether the accused understands the charges against them; can they comprehend court pleas and processes; can they understand the evidence and whether they are able to instruct a legal practitioner. If the court suspects mental illness, an examination of fitness is required by two medical practitioners, one being a psychiatrist. The modern justice and psychiatric systems now place significant emphasis on statutory protections for those with mental illness. The legal system today certainly would have assessed some of the accused in these historical cases as being unfit to stand trial.  

Bessie Dunlop  

Bessie (also known as Elizabeth) was a farmer’s wife from Lynn Glen and was convicted of witchcraft on 8^th November 1576. Bessie believed that she was receiving messages on how to find lost items and how to heal illness from the spirit of a man named Thomas Reid who died in battle in 1547. She also claimed that the midwife for her last child was the fairy ‘Queen of Elfame’. This leads to the question, was Bessie experiencing delusions and hallucinations caused by postpartum psychosis? While genetics play a primary role in developing postpartum psychosis, there can still be a variety of risk factors, for instance sleep deprivation, fluctuating hormones and trauma. Bessie reportedly first saw the figure of Thomas Reid after she had given birth to another one of her children that would unfortunately die. She was also experiencing the grief and trauma of an ill husband and idle farmland. Witchcraft scholar and honorary fellow at Exeter University Emma Wilby asserts that these traumas were the catalyst for Bessie experiencing this spontaneous visual imagery. She had endured the loss of several babies and had to deal with the pain of repeated childbirth. The farming land was becoming barren and therefore she would be experiencing extreme hunger. Once arrested, she experienced horrific torture and was sentenced to death.  

Modern day psychiatry seeks diagnosis for postpartum psychosis through the clinical evidence of symptoms such as severe delusions and hallucinations. If Bessie had a psychiatric assessment before trial or even prior to arrest, she clearly would have met the criteria for a postpartum psychosis. In terms of standing trial, it is doubtful she would have met any of the criteria to do so. Postpartum psychosis blurs a person’s reality and makes them incapable of sufficient understanding and participation.  

Andro Man 

Andro was an Aberdeenshire male folk healer who was accused of sorcery. Author Dee Lawlor highlighted in her book ‘Contagious Enemies: The Aberdeen Witch Trials’ that his confessions included how ‘Chrystsondaye’ (the devil) had showed him the ‘great fire of Hell’. He refers to having had a sexual relationship with the Queen of Elves and assisting with ‘raising a beast’ with other witches. Andro’s vivid testimonies have led historians to look at his case through a variety of lenses. Many of the witches accused did confess through means of torture however Andro’s case isn’t quite as clearcut as that. Some would say that Andro could have been neurodivergent. If we consider his hyper-focus and fixation on rituals and routines or his intense sensory descriptions of spirits, these could be signs of ADHD or Autism. Taking a modern- day psychiatric approach would certainly point to neurodiversity. Psychiatrists would make the argument for this diagnosis through him demonstrating traits such as having different sensory experiences from his peers and a fixation on rituals. He was transparent about his ‘involvement’ with witches all the while being unaware of the consequences of such a confession. This type of atypical social awareness is another indicator of this potential diagnosis. In terms of his ability to stand trial, the belief in elves doesn’t prevent someone from standing trial however it can be argued that Andro would not be able to participate effectively and that due to his hyper focus on his beliefs, Andro would be unable to understand the accusations. Therefore, he would likely be deemed unfit for trial.  

Janet Horne  

In 1727, both Janet and her daughter were arrested. The daughter was said to have a disfigurement of her hands and feet. It was a belief that the Devil had turned the daughter’s disfigured limbs into hooves and that Janet would change her daughter into a pony so she could attend meetings with the Devil. Her daughter had managed to escape when they were held prisoner. Deputy Sheriff of Sutherland, David Ross, put Janet on trial which completely lacked legitimate judicial proceedings. He failed to inform the King’s Advocate, and he did not have the authority to convict those accused of witchcraft on his own. It is said by author Philip Paris in his ‘The Last Witch of Scotland’ book that she Janet was already experiencing dementia symptoms prior to being accused. She was described as being ‘in her dotage’, a term used to describe mental decline in old age, and she was returning to childlike behaviour. One of her tests to prove witchcraft involved reciting the Lord’s prayer in Gaelic however she made a mistake by saying ‘wert’ instead of ‘art’. Rather than this being viewed as confusion, it was utilised as evidence of witchcraft. During her execution, her cognitive decline was clear as when Janet saw the fire, she was about to be burned on, she said ‘what a bonny blaze’ which demonstrated she had no awareness of what was about to occur. She warmed her hands by the fire and made further comments ‘such a good fire’ and what a ‘cheerful sight’ when she saw all the neighbours gather around.  

Modern psychiatry defines dementia as a marked impairment in mental function, awareness and understanding. Janet appeared to demonstrate these symptoms prior and during her trial. Her cognitive decline was noted by others and neighbours reported she talked to herself. She warmed her hands to the fire that was going to kill her which suggests a cognitive inability to recognise the danger ahead. Janet would clearly be diagnosed with dementia in the modern day and there would be little doubt of her inability to meet trial criteria.  

We look back on the witch trials with distant horror and blame the tragedy on the fear of the devil however, if you remove all that you can see a system that targeted those who couldn’t defend themselves. By modern legal standards, those brought before the courts were unfit to stand trial. Recognising these past moral and legal injustices highlights the need to protect those considered vulnerable not only in the justice system but in wider society. As important as it is that those accused and who died have their stories told and understood, I find that a legal pardon is still well overdue. In Scotland, the Government issued an apology to over four thousand people (mainly women) who were accused and / or convicted of witchcraft. A full legal exoneration has not yet occurred however the organisation ‘Witches of Scotland’ continue to campaign for this legal and public pardon.  Their voices deserve to be heard.