Early Laws Against Witchcraft
Witchcraft—the nature and theory of which will appear as we proceed—was treated with great severity in early times. In 840 a law was enacted in Scotland, making the punishment of witchcraft no less than the cutting out of the tongue; and, by the laws of Æthelstane in 928, witchcraft in England was made a capital crime. Witches were punished in the reign of Edward III.; and it suited the sanguinary temperament of Henry VIII., as well as the pedantry of other royal writers, to give written descriptions of this crime. Edicts were promulgated against prophets, sorcerers, feeders of evil spirits, charmers, and provokers of unlawful love. Sir Edward Cole thought it would have been "a great defect in government to have suffered such devilish abominations to pass with impunity."
]By a statute of Elizabeth, passed in 1562, against sorcerers, it was ordained that for a first offence the punishment was to be restricted to standing in the pillory; for second and subsequent offences, severer inflictions were to follow. Barrington estimates that in the two hundred years during which the greatest severity against supposed witches prevailed in England, thirty thousand judicial murders were committed, under the guise of legal punishments for such imaginary crimes.
A year later (1563) it was considered advisable by Queen Mary of Scotland and her Parliament to pass an Act, having for its object the punishment of persons guilty of any of the crimes under consideration. The Act sets forth:—
"For-sa-meikle as the Queenis Majestie and the three Estaites of this present parliament being informed of the heavie and abominable superstition used be divers of the lieges of this realm, be using of witchcraft, sorcerie, and necromancie, and credence given thereto in times by-gane, against the laws of God: And for avoyding and away putting of all sik vaine superstition in times to cum: It is statute and ordained by the Queen's Majestie, and the three Estaites foresaid, that na maner of person nor persons of quhat-sum-ever estaite, degree, or condition they be of, take upon hand in onie times hereafter to use onie maner of witch-craftes, sorcerie, or necromancie, nor give themselves furth to have onie sik craft or knawledge thereof, their-throw abusand the people: Nor that na persoun seik onie helpe, response, or consultation at onie sik users or abusers foresaidis of witch-craftes, sorceries, or necromancie, under the paine of death, alsweill to be execute against the user, abuser, as the seiker of the response or consultation. And this to be put to execution be the justice, schireffis, stewards, baillies, lords of regalities, and royalties, their deputes, and uthers or ordinar judges competent within this realme, with all rigour, having power to execute the samin."
James VI. of Scotland and I. of England decreed that any one who should use, practise, or exercise any invocation, or consult or covenant with, entertain or employ, feed, or reward any evil or wicked spirit, to or for any purpose, or take up any dead body, should, on being convicted thereof, suffer death.
[The laws against witchcraft remained in force, and were executed with severity, for a long time. During the continuance of the Long Parliament alone, three thousand unhappy persons were sacrificed because of their supposed connection with witchcraft. But by the Act 9 George II. cap. 5 it is ordained that no prosecution, suit, or proceeding shall be commenced or carried on against any person for witchcraft, sorcery, enchantment, or conjuration, nor shall any one charge another with any such offence, in any court whatever. But if any person shall pretend to exercise or use any kind of witchcraft, sorcery, enchantment, or conjuration, or undertake to tell fortunes; or pretend, from his skill or knowledge in any occult or crafty science, to discover where or in what manner any goods supposed to have been stolen or lost may be found: every person so offending, being convicted on indictment or information, shall suffer imprisonment for a year, and once in every quarter of the said year, in some market town of the county, upon the market day there, stand openly in the pillory for one hour, and also (if the court by which such judgment shall be given shall think fit) be obliged to give sureties for his good behaviour, in such sum, and for such time, as the said court shall judge proper, according to the circumstances of the offence, and in such case shall be further imprisoned until such sureties shall be given.
Sir George M'Kenzie, the distinguished Scotch lawyer, thought there was such a craft as witchcraft; and so did William Forbes, a member of the Faculty of Advocates, a professor of law in the University of Glasgow, and author of several works of considerable merit. The following extracts from Forbes's Institute of the Law of Scotland prove to some extent what was the legal creed in Scotland last century in regard to witches:—
"Witchcraft is that black art whereby strange and wonderful things are wrought by a power derived from the devil. It goes under several names, taken from particular effects and ways of its operation: As those] of magic, because it is a knowledge of more than is lawful to be known; divination, from a revealing of things past, present, or to come; enchantment, from a working by charms or ceremonious rites; sorcery, from the casting of lots to bring hidden things to light; necromancy, from the calling up and consulting the devil, in form of some dead person; fascination, from the hurting creatures by envious looks, and eye-biting, or by words, etc. Those who practise this art are, in like manner, termed witches, magicians, diviners, enchanters, sorcerers, necromancers, fascinaters. Which names, given for different causes to the devil's disciples, are, for the most part, promiscuously used to signify any person who, by covenant with Satan, and his assistance, doth work strange things, because of the affinity of all their operations, which have the same general foundation and tendency.
"An express covenant is entered into betwixt a witch and the devil appearing in some visible shape, whereby the former renounces his God and baptism, engaging to serve the devil, and do all the mischief he can, as occasion offers, and leaves soul and body to his disposal after death. The devil, on his part, articles with such proselytes concerning the shape he is to appear to them in, and the services they are to expect from him, upon the performance of certain charms or ceremonious rites. To some he gives certain spirits or imps to correspond with, and serve them as their familiars, known by them by some odd names, to which they answer when called. These imps are said to be kept in pots or other vessels that stink detestably. This league is made verbally if the party cannot write; and such as can write sign a written covenant with their blood. On the meaner proselytes the devil fixes, in some secret part of their bodies, a mark, as his seal to know his own by, which is like a flea-bite or blue spot, and sometimes resembles a little teat; and the part so stamped doth ever after remain insensible, and doth not bleed, though never so much nipped, or pricked, by thrusting a pin, awl, or bodkin into it. But if the covenanter be one of the better rank, the devil only draws blood of the party, or touches him or her in some part of the body, without any visible mark remaining.
"A tacit covenant with Satan is understood to be entered into by those who knowingly use the superstitious rites or ceremonies observed by witches, or unlawful means to bring anything about which they know to be ineffectual in themselves without the devil's concurrence.
"Witches used to be distinguished into good and bad witches. The bad witch, commonly called the black witch, or binding witch, is one who, by a league with the devil, is assisted by him to work mischief. The good witch is he or she who useth diabolical means to do good—as to heal persons, loose or undo enchantments, and to discover who are bewitched, and by whom. But this term of a good witch is very improper, for all who have commerce with Satan are certainly bad.
"Some works of witches are really what they seem to be; others are mere diabolical juggling, or a delusion of the eyes of spectators with some strange sleight of Satan. (To which last I may refer their imaginary passing through shut doors, and transforming themselves and others into the shape of cats, dogs, hares, and other creatures.) Some of their actions respect themselves, and their behaviour towards their infernal master; such as their coming to appointed meetings called their Sabbaths, where they pay homage to him, and are taught to act all manner of wickedness, and give an account of their horrid past proceedings. Witches are chiefly employed in plain mischief, by hurting persons or their goods, or by bringing some actual evil or calamity upon them. But they sometimes work mischief under a pretence or colour of doing good—as when they cure diseases, loose enchantments, and discover other witches. All their designs are brought about by charms, or ceremonious rites instituted by the devil, which are in themselves of no efficacy, and serve only as signals and watchwords to admonish Satan, as it were, when, where, and upon whom to do mischief, or perform cures, according to his compact with the witches."
