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
Up to that time the crime of sorcery had been dealt with in a few early
instances by the common-law courts, occasionally (where politics were
involved) by the privy council, but more usually, it is probable, by the
church. This, indeed, may easily be illustrated from the works of law.
Britton and Fleta include an inquiry about sorcerers as one of the
articles of the sheriff's tourn. A note upon Britton, however, declares
that it is for the ecclesiastical court to try such offenders and to
deliver them to be put to death in the king's court, but that the king
himself may proceed against them if he pleases.[5] While there is some
overlapping of procedure implied by this, the confusion seems to have
been yet greater in actual practice. A brief narrative of some cases
prior to 1558 will illustrate the strangely unsettled state of
procedure. Pollock and Maitland relate several trials to be found in the
early pleas. In 1209 one woman accused another of sorcery in the king's
court and the defendant cleared herself by the ordeal. In 1279 a man
accused of killing a witch who assaulted him in his house was fined, but
only because he had fled away. Walter Langton, Bishop of Lichfield and
treasurer of Edward I, was accused of sorcery and homage to Satan and
cleared himself with the compurgators. In 1325 more than twenty men were
indicted and tried by the king's bench for murder by tormenting a waxen
image. All of them were acquitted. In 1371 there was brought before the
king's bench an inhabitant of Southwark who was charged with sorcery,
but he was finally discharged on swearing that he would never be a
sorcerer.[6]
Public-domain text, read in full here on John Shaqi.
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