A History of Witchcraft in England from 1558 to 1718Notestein, Wallace
History
A History of Witchcraft in England from 1558 to 1718
Notestein, Wallace
Witchcraft -- England -- History
It must be noted, however, that the statute of 3 Hen. VII, cap. II,
provides that indictments shall be proceeded in, immediately, at the
king's suit, for the death of a man, without waiting for bringing an
appeal; and that the plea of _antefort acquit_ in an indictment shall be
no bar to the prosecuting of an appeal. This law was passed to get
around special legal inconvenience and related only to homicide and to
the single case of prosecution by appeal. In general, then, we may say
that the former-jeopardy doctrine was part of the common law, (1) an
appeal of felony being a bar to subsequent appeal or indictment, (2) an
indictment a bar to a subsequent indictment, and (3) an indictment to a
subsequent appeal, except so far as the statute of 3 Hen. VII., cap. II,
changed the law as respects homicides. For this brief statement I am
indebted to Professor William Underhill Moore of the University of
Wisconsin.
What Potts has to say about Anne Redfearne's case hardly enables us to
reach a conclusion about the legal aspect of it.
[12] This is the story in the MS. account (Brit. Mus., Sloane, 972). The
printed narrative of the origin of the affair is somewhat different.
Joan had on one occasion been struck by Mistress Belcher for unbecoming
behavior and had cherished a grudge. No doubt this was a point recalled
against Joan after suspicion had been directed against her.
[13] In John Cotta's _The Triall of Witchcraft ..._ (London, 1616),
66-67, there is a very interesting statement which probably refers to
this case. Cotta, it will be remembered, was a physician at Northampton.
He wrote: "There is a very rare, but true, description of a Gentlewoman,
about sixe yeares past, cured of divers kinds of convulsions, ... After
she was almost cured, ... but the cure not fully accomplished, it was by
a reputed Wisard whispered ... that the Gentlewoman was meerely
bewitched, supposed Witches were accused and after executed.... In this
last past seventh yeare ... fits are critically again returned." Cotta
says six years ago and the Northampton trials were in 1612, four years
before. It is quite possible, however, that Mistress Belcher began to be
afflicted in 1610.
[14] One of these was Sir Gilbert Pickering of Tichmarsh, almost
certainly the Gilbert Pickering mentioned as an uncle of the
Throckmorton children at Warboys. See above, pp. 47-48. His hatred of
witches had no doubt been increased by that affair.
[15] See what is said of spectral evidence in chapter V, above.
[16] At least there is no evidence that Alice Abbott, Catherine
Gardiner, and Alice Harris, whom he accused, were punished in any way.
[17] It seems, however, that Arthur Bill, while he sturdily denied
guilt, had been before trapped into some sort of an admission. He had
"unawares confest that he had certaine spirits at command." But this may
mean nothing more than that something he had said had been grossly
misinterpreted.
Public-domain text, read in full here on John Shaqi.
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