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
We have already referred to the pardons issued as one of the evidences
of the more lenient policy of the government. That policy appeared too
in the lessening rigor of the assize judges. The first half of
Elizabeth's reign had been marked by few acquittals. Nearly half the
cases of which we have record in the second part resulted in the
discharge of the accused. Whether the judges were taking their cue from
the privy council or whether some of them were feeling the same reaction
against the cruelty of the prosecutions, it is certain that there was a
considerable nullifying of the force of the belief. We shall see in the
chapter on Reginald Scot that his _Discoverie of Witchcraft_ was said to
have "affected the magistracy and the clergy." It is hard to lay one's
finger upon influences of this sort, but we can hardly doubt that there
was some connection between Scot's brave indictment of the witch-triers
and the lessening severity of court verdicts. When George Gifford, the
non-conformist clergyman at Maiden, wrote his _Dialogue concerning
Witches_, in which he earnestly deprecated the conviction of so many
witches, he dedicated the book "to the Right Worshipful Maister Robert
Clarke, one of her Maiesties Barons of her Highnesse Court of the
Exchequer," and wrote that he had been "delighted to heare and see the
wise and godly course used upon the seate of justice by your worship,
when such have bene arraigned." Unfortunately there is not much evidence
of this kind.
One other fact must not be overlooked. A large percentage of the cases
that went against the accused were in towns judicially independent of
the assize courts. At Faversham, at Lynn, at Yarmouth, and at
Leicester[28] the local municipal authorities were to blame for the
hanging of witches. The regular assize courts had nothing to do with the
matter. The case at Faversham in Kent was unusual. Joan Cason was
indicted for bewitching to death a three-year-old child. Eight of her
neighbors, seven of them women, "poore people," testified against her.
The woman took up her own cause with great spirit and exposed the
malicious dealings of her adversaries and also certain controversies
betwixt her and them. "But although she satisfied the bench," says
Holinshed, "and all the jurie touching hir innocencie ... she ...
confessed that a little vermin, being of colour reddish, of stature
lesse than a rat ... did ... haunt her house." She was willing too to
admit illicit relations with one Mason, whose housekeeper she had
been--probably the original cause of her troubles. The jury acquitted
her of witchcraft, but found her guilty of the "invocation of evil
spirits," intending to send her to the pillory. While the mayor was
admonishing her, a lawyer called attention to the point that the
invocation of evil spirits had been made a felony. The mayor sentenced
the woman to execution. But, "because there was no matter of invocation
given in evidence against hir, ... hir execution was staied by the space
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