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
But the king's most direct influence was in the passing of a new law.
His first Parliament had been in session but eight days when steps were
taken by the House of Lords towards strengthening the statute against
witchcraft. The law in force, passed in the fifth year of Elizabeth's
reign, imposed the death penalty for killing by witchcraft, and a year's
imprisonment for injuring by witchcraft or by allied means. James would
naturally feel that this law was merely one version of the statute
against murder and did not touch the horrible crime of contract with the
Devil and the keeping of imps.[9] Here was a sin beside which the taking
of life was a light offence. It was needful that those who were guilty
of it should suffer the severest penalty of the law, even if they had
not caused the loss of a single life. It was to remedy this defect in
the criminal code that a new statute was introduced.
It is not worth while to trace the progress of that bill from day to
day. It can be followed in the journals of the Lords and Commons. The
bill went to a large committee that included six earls and twelve
bishops.[10] Perhaps the presence of the bishops was an evidence that
witchcraft was still looked upon as a sin rather than as a crime. It was
a matter upon which the opinion of the church had been received before
and might well be accepted again. It was further arranged that the Lord
Chief-Justice of the common pleas, Sir Edmund Anderson, and the
attorney-general, the later so famous Sir Edward Coke, along with other
eminent jurists, were to act with the committee. Anderson, it will be
recalled, had presided over numerous trials and had both condemned and
released witches. As to Coke's attitude towards this subject, we know
not a thing, save that he served on this committee. The committee seems
to have found enough to do. At any rate the proposed statute underwent
revision.[11] Doubtless the privy council had a hand in the matter;[12]
indeed it is not unlikely that the bill was drawn up under its
direction. On the 9th of June, about two months and a half after its
introduction, the statute passed its final reading in the Lords.[13] It
repealed the statute of Elizabeth's reign and provided that any one who
"shall use, practise or exercise any Invocation or Conjuration of any
evill and wicked Spirit, or shall consult, covenant with, entertaine,
employe, feede, or rewarde any evill and wicked Spirit to or for any
intent or purpose; or take up any dead man, woman, or child, ... to be
imployed or used in any manner of Witchcrafte" should suffer death as a
felon. It further provided that any one who should "take upon him or
them by Witchcrafte ... to tell or declare in what place any treasure of
Golde or Silver should or might be founde ... or where Goods or Things
loste or stollen should be founde or become, or to the intent to provoke
any person to unlawfull love, or wherebie any Cattell or Goods of any
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