Mark David L.

Gibbard 1

The Legality of the Supernatural: Scottish Fairy Trials

One of the greatest and most inescapable questions regarding any of the European witch

hunts is why anyone would confess to such fantastical happenings when it meant their certain

death, and was likely only provable with a confession. The usual answers are torture and mental

illness. Another possibility may sound counter-intuitive at first; that the accused confessed

thinking they could escape their fate. As Lizanne Henderson argues that Scottish cases like

Bessie Dunlop (1576), whose case this paper will analyse closely, likely drew upon folktales the

accused knew. 1 Having in no way experienced what they were relaying, they likely gave these

confessions on the belief it might save them from execution. Both Dunlop’s prosecutors and Dr.

Henderson determine that Dunlop’s fairy visitor Thom Reid was in fact a real person who died at

the Battle of Pinkie.2 It is entirely likely she had heard stories about this man; whether

supernatural or not is not relevant as she could have added fairy elements herself to suit her

accusers’ questions. Henderson doubts that Dunlop truly believed she had experienced

supernatural encounters.3 This paper will make use of the Survey of Scottish Witchcraft

(henceforth the Survey) to identify cases with folklore attributes, while ruling out those that deal

with conventional demons or the Devil, in order to determine whether all involved parties

believed that dealings with fairies were involved with witchcraft and therefore prosecutable.

Finding parallels between common folklore motifs and trials attributed to fairy-encounters will

also be considered. For example, any scholar studying the Scottish witch hunts should note that

the infamous North Berwick trials, in which a supposed attempt on King James VI’s life was

made, has obvious connections with one common fairytale catalogued by Donald Archie

1
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 144.
2
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 156.
3
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 162-163.
 Mark David L. Gibbard 2

Macdonald in which witches attempt to sink a ship by means of magic.4 This paper will therefore

also make use of Macdonald’s catalogue of common fairytale types where it can as a frame of

reference. Unfortunately, he does not attribute dates to his list of tales, meaning it is possible any

of the tales originated after the trials which they are similar to. However, even if he had listed

dates to his written sources they would not reflect the composition of an oral story. It is entirely

conceivable that some accused witches were unaware what they were admitting to was illegal. In

the case of those who were submitted to torture, while most would surely succumb and tell their

tormenters whatever they wanted to hear, some may have maintained enough presence of mind

to consider whether or not what they were saying would condemn themselves. They may have

instead confessed to what they believed was the most minor of offences. For the many Catholic

accused, who were the demographic often to maintain folkloric superstitions, there may have

been a number of ways these unfortunate “witches” unwittingly played into their prosecutors

hands.

Among other details difficult to dig out of the Survey, Alaric Hall points out “scholars of

Scottish fairylore have not hithero distinguished between the words elf and fary in their sources,”

including the Survey.5 To determine the execution rate of those cases dealing with non-demonic

entities, using the following deliberately specific search on the Survey so as to provide a narrow

enough number of cases to be properly scrutinized, we can possibly deal specifically with

victimless, non-demonic cases. That is, any of the following characteristics; fairies, folk healing,

other/unknown, unorthodox religious practise, and white magic; and any of the following non-

natural beings: fairy, female fairy, ghost, male fairy, other demon, spirit, and unspecified devil.

4
Versions of this motif in which the attempt is both successful and not are listed; Donald Archie Macdonald,
“Migratory Legends of the Supernatural in Scotland,” 42.
5
Alaric Hall, "Getting Shot of Elves," 20.
 Mark David L. Gibbard 3

This results in twenty-seven cases. Twenty-two cases are female accused, and five are male. In

twenty of these are the verdicts known, of which none were found innocent. Two of these shall

be excluded: the case of Andro Man (1598) who was found guilty but whose sentence is

undocumented, and Jean Brown (1706) who was found guilty in absentia only after she had

escaped imprisonment. Her fate is also ultimately unknown. This leaves eighteen cases to

determine the execution rate. One case, that of Janet Drever (1615), was merely banished. A

second, James Welch (1662) was deemed too young to stand trial and released after a year’s

imprisonment. All the remaining sixteen suffered execution, making the execution rate a rather

startling eighty-nine percent. This makes the answer to question of whether fairy-dealings truly

were illegal an unequivocal yes. Fourteen of the original twenty-seven cases make insignificant

or no references to the Devil or any other demon not identifiable as a folk motif. 6 Most of the

details of these cases are known through confessions of the accused. Many of these break the

notion that they were telling their accusers anything they wanted to hear by continuing to deny

certain elements, notably the involvement of the Devil or that they were willing participants,

some of which will be looked at in greater detail. But as a confession indicates some degree of

resignation to their fate, this begs the question as to why they would continue to deny certain

details. While it is of course to be taken skeptically, none of the cases that will be looked at in

detail mention torture. Although these denials might even point away from torture being a factor,

it is certainly conceivable that some of those who did experience torture might have maintained

some amount of integrity; perhaps enough to confess only to what they believed were minor

grievances and deny major crimes, still with the sense of preserving their lives.

6
The cases of demons deemed insignificant by this paper mostly refers to cases where prosecutors questioned the
accused about demonic relations, which the accused denied, or other instances where demons and/or the Devil were
mentioned but could be called ‘unproven.’
 Mark David L. Gibbard 4

Although Lizanne Henderson points to “clear evidence that fairy belief had become

entangled with the demon, well before the assimilation of continental witchcraft beliefs had

taken root in Scotland,”7 the Witchcraft Act does not specify anything regarding fairies.8 The

common population would therefore have had to have been informed that anything construed as

fairy-dealings was now illegal by some other means. In his treatise Daemonology, King James

VI maintains that all spirits, regardless of if they appear as angels and do only good towards

mortals, are always the Devil in disguise.9 However, it would be difficult to determine how well

known James’ work was outside of elite circles, or how quickly it spread. It is quite likely many

would have gotten their information on witchcraft, it being a spiritual matter, from sermons

given by their priests against this supposed abomination. However, this likely would not apply to

the Catholic parishes of Scotland, as Catholicism in Scotland was largely uninterested in witch

persecutions. As Edward J. Cowan argues folk-culture and Catholicism, had long “sustained”

each other while not necessarily aligned intentionally.10 While modern scholars are quick to

recognise hints of Catholicism in an accused witch’s testimony as indications of how they may

have incurred the wrath of the kirks, the accused themselves might easily be unaware that their

Christian references were not doing them any good. For Bessie Dunlop, her fairy acquaintance’s

greeting of the Latin “Sancta Marie”11 would likely have sounded to her as a good defense that

she was Christian, and not a Devil-worshiper, it being a distinctly Catholic refrain. It would

likely have been unknown to her that her accusers might use it as evidence of – as the Survey

calls it – “unorthodox religious practise.” Lizanne Henderson and Edward J. Cowan describe

both Dunlop and her fairy visitor as "looking back affectionately to the days before the

7
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 143.
8
Julian Goodare, “The Scottish Witchcraft Act,” 39.
9
King James VI, “Daemonology,” 188.
10
Edward J. Cowen, “Witchcraft and Belief in Early Modern Scotland,” 74.
11
Robert Pitcairn, Ancient Criminal Trials in Scotland, 52.
 Mark David L. Gibbard 5

Reformation when the articulation of such beliefs was not so risky,”12 as is evidenced when she

is questioned “Quhat fche thocht of the new law?” to which she relays what her fairy visitor,

Thom Reid said; “this new law was nocht gude; and that the auld ffayth fuld cum hame agane,

but nocht as it was befoir.”13 Just as many witches used Christian references to try and prove

their innocence, unaware the Catholic connotations were in fact harming them, it is similarly

possible they made confessions regarding fairy-encounters, unaware this constituted witchcraft.

There are a number of cases where the accused witch confessed to dealings with

supernatural beings, only to continue to insist they themselves were Christian. Sometimes they

claimed to be unwilling acquaintances of these beings, or even insisting the fairies themselves

were Christian. According to the Survey, Janet Boyman (1572) healed others and predicted

deaths by calling on the power of the Trinity, King Arthur, and the Queen of Elves.14 Henderson

and Cowan note the case of Andro Man (1598) as stating that the Queen of Elphen was powerful,

but all power including hers was under God,15 as well as an unnamed trial from 1620 who denied

the King of the Fairies had any connection to the Devil.16 Bessie Dunlop herself claimed that the

fairy Thom Reid asked to her to renounce Christianity to which she replied “That gif fiche fuld

be rev in at horif-taillis, fiche fuld neuir do that.”17 Like Andro Man, the case of Alisoun Pierson

(1588) claims that “itt wes thay guid nychtbouris that haiilit lit hit vnder God: And that fcho wes

cuming and gangand to Sanct Androus in hailing of folkis.”18 Although Alisoun Pierson’s fairies

are also said to go every year to hell,19 she is said to have cried and prayed for help from God

12
Lizanne Henderson & Edward J. Cowan, Scottish Fairy Belief, 130.
13
Robert Pitcairn, Ancient Criminal Trials in Scotland, 56.
14
The Survey of Scottish Witchcraft, 29/03/2014, Janet Boyman (1572)
15
Lizanne Henderson & Edward J. Cowan. Scottish Fairy Belief. 133.
16
Lizanne Henderson & Edward J. Cowan. Scottish Fairy Belief. 132.
17
Robert Pitcairn, Ancient Criminal Trials in Scotland, 52.
18
Robert Pitcairn, Ancient Criminal Trials in Scotland, 162.
19
Robert Pitcairn, Ancient Criminal Trials in Scotland, 163.
 Mark David L. Gibbard 6

when she first encountered them, to which they fled. The second time she prayed again, and this

time they did not flee.20 There are obvious connections regarding supernatural beings fearing

prayer in the folktale Donald Archie Macdonald titles Man Drowns Witches, of a woman who

either goes herself or sends her husband fishing without realising their companions are witches.

The witches are all drowned when the innocent person utters God’s name.21 Whether the

discrepancy in the two encounters in Alisoun’s story points to that these fairies were not harmed

by prayer the second time or if her prayers were faltering is unclear, but it is obvious she was

making her case as a Christian, and that she was resisting dealing with these fairies. Like Bessie

Dunlop, Alisoun Pierson worked doing good deeds for the community, having apparently been

visited by her uncle now living in Fairyland, who taught her healing magic. When she refused to

deal with fairies, she would be temporarily paralysed.22 As for Bessie, after having been

imprisoned but released after charges of slander regarding a dispute between her and her

neighbours Gabreill Blak and Geordie Blak,23 Lizanne Henderson notes that less than a month

later intolerance towards Gypsies was in plain discussion at the Privy Council, around the exact

time she was again arrested and charged with witchcraft.24 Having anything to do with fairies

was clearly illegal, regardless of her refusals,25 as is the case with Alisoun Pierson. This makes

their executions all the more shocking to modern readers, but also problematic contemporarily as

in King James’ words; it is “the consent in these turnes is death of the law.”26

Although James VI did list “the Fayrie” among the types of unholy spirits, the specifics

of it as they relate to many of these cases are left ambivalent. Of the four kinds of spirits defined

20
Robert Pitcairn, Ancient Criminal Trials in Scotland, 163.
21
Donald Archie Macdonald, “Migratory Legends of the Supernatural in Scotland,” 37-38.
22
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 145.
23
Robert Pitcairn, Ancient Criminal Trials in Scotland, 57-58.
24
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 149.
25
Lizanne Henderson & Edward J. Cowan, Scottish Fairy Belief, 129.
26
King James VI, “Daemonology,” 196.
 Mark David L. Gibbard 7

by James VI in Daemonology, “the Fayrie” is the only one not able to be conjured by a witch.27

Henderson points out, Bessie was never accused of raising Tom Reid.28 One would have

expected however that this would leave room for fairies appearing to unwilling bystanders.

James VI does state that Fairies may appear “to the innocent sort... and to the Witches” and that

the former should not in fact be punished, but “pittied.”29 However, he gives no advice on

distinguishing if a spirit came to an innocent person or witch. He also contradicts himself in

saying that “spectators... they meriting no better,”30 although this specific quote does not refer to

fairies specifically. He later specifies that if a confirmed witch sees any other person at any

gathering, they are “not a haire the lesse guiltie” regardless of the fact it is supposedly the

confirmed witch’s imagination.31 But regarding an unconfirmed witch, he leaves it unanswered if

these illusions alone are enough to condemn. He also believes that the Devil might deceive

anyone into believing they had been magically transported to a distant location, or any other such

fantastical event. He does not however believe the event to have actually occurred at all,

including when witches prophesise an event that comes true.32 One folktale, which Donald

Archie Macdonald titles Servant into Horse, tells of a man who is transported by his wife (a

witch) to a coven meeting. The man however, is unaware this is happening and required a

witness to explain his exhaustion every morning, meaning he would likely be innocent in King

James’ theory.33 However, the note about prophecies is problematic as well, as the majority of

the evidence presented against Bessie Dunlop were her prophecies. As James VI believed it

illusionary when witches’ prophecies were fulfilled, Bessie Dunlop’s prophecies should not have

27
King James VI, “Daemonology,” 183.
28
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 158.
29
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 194.
30
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 186.
31
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 196.
32
Lizanne Henderson, “Witch, Fairy and Folklore Narratives” Fantastical Imaginations, 193.
33
Donald Archie Macdonald, “Migratory Legends of the Supernatural in Scotland,” 37.
 Mark David L. Gibbard 8

been considered evidence by his logic. Let us not forget that those partaking of (not even

necessarily believing in) fairylore were not ignorant of the idea which James VI points out “that

since the comming of Christ... all miracles, visions, prophecies, & appearances of Angels or

good spirites ceased,”34 but rather explained it in what Donald Archie Macdonald calls Fall with

Lucifer that the Fairies originated when they were angels not necessarily aligned with Satan,

trapped on earth when God ordered the gates of heaven shut.35 It is obvious prosecutors were not

following King James’ treatise to the letter (understandably: it was not law). The accused also

seem unaware of his ideas on fairies.

Though some cases are simply problematic compared to Daemonology, the case of John

Stewart (1618) is a perfect example of a fairy-encounter apparently not being sufficient for a

conviction. After admitting to having met with the King of the Fairies, one of John Stewart’s

prosecutors was apparently not convinced of his guilt and had to prick the spot where the Fairy

King had touched him according to his story, in order to determine if it counted as a witch’s

mark. 36
In addition to it requiring confirmation that a “fairy’s mark” counted as a witch’s, it

should be noted this may suggest John Stewart had undergone no compulsion prior to this, and

perhaps truly did relay his meeting with the Fairy King willingly, unafraid that he would be

condemned for it. Regardless, it appears John Stewart unfortunately still did not escape his fate;

the Survey records that even before a verdict was determined, “Alastair Hendry notes that John

Stewart hanged himself in his cell.”37 This would suggest the possibility he was subjected to

torture, but possibly only after the record mentions the pricking, when he had already mentioned

his encounter with the Fairy King.

34
King James VI, “Daemonology,” 188.
35
Donald Archie Macdonald, “Migratory Legends of the Supernatural in Scotland,” 43.
36
Lizanne Henderson & Edward J. Cowan, Scottish Fairy Belief, 131.
37
The Survey of Scottish Witchcraft, 01/04/2014, John Stewart (1618).
 Mark David L. Gibbard 9

It should be pointed out that all the cases so far detailed are all relatively early in the

history of the Scottish witch trials, and all in the lifetime of King James VI. If there is any doubt

that any Catholic (or any other community) might have remained unaware of the association

between fairies and demons in the minds of the courts, it is also possible they simply had not yet

been made aware. There is one later case, that of Margaret Alexander who received a “standard

demonic line of questioning, but instead she confessed that she had renounced her baptism to the

king of fairies.” 38 It is likely many more cases exist in the later years that could be a topic for

further study. Edward J. Cowan notes instances where millers would claim their property was

protected by fairies, but during witch-panics they would avoid publicising this, making it quite

possible that in the later years those still partaking of fairy beliefs had learned to hide their

beliefs.39 Also regarding the possible changing definitions of fairies inside witchcraft, taking an

entirely linguistical approach, Alaric Hall points out ‘elf’ appears in both the Scottish mainland

and the as of yet Norwegian controlled Northern Isles, ‘trow’ appears exclusively in the Norse

areas. ‘Fary’ (coming from French) is a newer term than ‘elf’ (coming from Old English), the

former appearing on the mainland but spreading to the Isles once they were finally conquered by

the Scottish crown. 40 Whether those dealing with the Norse ‘trow’ were more or less prosecuted

than those dealing with Scot fairies similarly demands the attention of scholars, as the grouping

of all fairy-type creatures into one is an unfortunate misnomer on the part of the Survey. As

Lizanne Henderson points out, the demonization of fairies is largely unique to, and very clear in

Scotland.41 Some of course would not have shared this opinion, but rather than be a topic for

debate it unfortunately likely lead to their demise. But it is also possible some were unaware of

38
Julian Goodare, “Scottish Witchcraft in its European Context,” 33.
39
Edward J. Cowen, “Witchcraft and Belief in Early Modern Scotland,” 81.
40
Alaric Hall, "Getting Shot of Elves," 20.
41
Lizanne Henderson, “Witch Hunting and Witch Belief in the Gáidhealtachd,” 101-102.
 Mark David L. Gibbard 10

this idea’s existence and attempted to explain their accused deviances with stories of fairies

thinking it was less punishable than blatant Devil connections, just as Catholics were likely

unaware their practises might be labeled as demonic. In Scotland at the time, Catholics and those

believing in fairies were often the same people, the majority of which also were still speaking a

different language in the Gáidhealtachd than in the Scot Lowlands, making documents like

Daemonology possibly inaccessible to them. While it is very believable that possibly in the

Gáidhealtachd fairy-dealings were not considered illegal, we do not have enough documentation

to conclude accused magic-users were released if they dealt solely with fairies. If they were

never accused to begin with, there would be documentation and we will likely never know. Of

course, more in depth analysis of the Survey may reveal other patterns to when fairies were

associated with the Devil. Since most knowledge of fairies is known to us via confessions, it is

likely cases that did deal with fairies but determined to be legal would leave less documentation

as acquittals would always leave less of a paper trail than executions. It is both a bitter irony and

a somewhat hopeful respite to consider some of these unfortunate souls, even under threat of

torture and death, maintained the courage to continue preserving their own lives. The cases of

Bessie Dunlop and Alisoun Pierson which have been analysed most closely make no mention of

any other witches being subsequently accused by these two, unlike so many of these trials where

co-conspirators were named likely to appease their torturers. The irony is that the vast majority

of these accused failed to escape their fate, but it is quite likely that many cases of confessed

fairy-dealings were unaware of the illegality of what they confessed, unknowingly – and

unfortunately – speeding them on to their untimely deaths.

 Mark David L. Gibbard 11

Due to the large number of cases this essay has dealt with, many of whom have as of yet gone
unnamed, the author feels the need to list the names, dates, and outcomes of the trials of all persons
referenced here in memoriam so that may be more than merely statistics.

Janet Boyman, 1572: executed. Isobell Young, 1629: executed.

Bessie Dunlop, 1576: executed. Jon Neill, 1631: executed.
Alesoun Pierson, 1588: verdict unknown. Agnes Sampsoune, 1633: executed.
Issobell Watsonne, 1590: verdict unknown. Issobell Sinclair, 1633: executed.
Ewfame Makcalzene, 1591: executed. Margaret Alexander, 1647: executed.
Christian Reid, 1597: executed. Barbria Parish, 1647: executed.
Andro Man, 1598: found guilty, fate unknown. Katherine Remy, 1658: verdict unknown.
Patrick Lowrie, 1605: executed. Agnes Cairnes, 1659: executed.
Janet Drever, 1615: banished. Issobell Gowdie, 1662: verdict unknown.
Margret Reauch, 1616: verdict unknown. Jonet Morisone, 1662: verdict unknown.
Elspeth Reoch, 1616: executed. Jean Weir, 1662: executed.
John Stewart, 1618: found guilty, committed James Welch, 1662: deemed too young to
suicide while in prison. stand trial.
Unnamed case, 1620: verdict unknown. Margret Jackson, 1677: executed.
Issobell Haldane, 1623: verdict unknown. Jean Brown, 1706: escaped, found guilty in
Alexander Drummond, 1629: executed. absentia, excommunicated.

Bibliography:

Cowen, Edward J.. “Witch Persecution and Folk Belief in Lowland Scotland: The Devil’s Decade.”
Witchcraft and Belief in Early Modern Scotland, Julian Goodare et al, ed. Palgrave Macmillan
Ltd. (2008): 71-94.
Goodare, Julian. “Scottish Witchcraft in its European Context.” Witchcraft and Belief in Early Modern
Scotland, Julian Goodare et al, ed. Hampshire: Palgrave Macmillan Ltd. (2008): 26-50.
---. “The Scottish Witchcraft Act.” Church History. The American Society of Church History (2005): 39.
Goodare, Julian, Lauren Martin, Joyce Miller, and Louise Yeoman. “The Survey of Scottish Witchcraft,
1563-1736” (www.shc.ed.ac.uk/Research/witches/)
Hall, Alaric. "Getting Shot of Elves: Healing, Witchcraft and Fairies in the Scottish Witchcraft Trials."
Folklore 116, no. 1 (2005): 19-36.
Henderson, Lizanne. “Witch, Fairy and Folklore Narratives.” Fantastical Imaginations: The Supernatural
in Scottish History and Culture. Edinburgh: John Donald (2009)
---. “Witch Hunting and Witch Belief in the Gáidhealtachd.” Witchcraft and Belief in Early Modern
Scotland, Julian Goodare et al, ed. Hampshire: Palgrave Macmillan Ltd. (2008): 95-118.
Henderson, Lizanne & Edward J. Cowan. Scottish Fairy Belief. Scotland: Tuckwell Press (2001).
King James VI. “Daemonologie.” In Neil Rhodes, Jennifer Richards, and Joseph Marshall, King James VI
and I: Selected Writings. Hants: Ashgate Publishing Limited (2003): 149-197.
MacDonald, Donald Archie. "Migratory Legends of the Supernatural in Scotland: A General Survey"
Béaloideas, Iml 62/63 (1994/1995): 29-78.
Pitcairn, Robert. Ancient Criminal Trials in Scotland vol 1, part 2. Edinburgh (1833): 49-58, 161-165.