Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Two statutes were passed in 1551, one relating to false prophesies,
due no doubt to the machinations of Elizabeth Barton, the “Holy Maid
of Kent,” and the other was levelled at conjurgations, witchcraft and
sorcery.
The statute of Elizabeth, in 1562, recognized witchcraft as a crime
of first magnitude, punishable by death, regardless of whether it was
exerted against the lives, limbs, or property of the subjects.[25]
On his accession to the throne in 1604 King James passed the statute
whereby it was enacted that:
“If any person shall use, practice, or exercise, any
conjurgation of any wicked or evil spirit, or shall consult,
covenant with, or feed any such spirit, the first offense to be
imprisoned for a year and stand in the pillory once a quarter;
the second offense to be death.”
The milder punishment was not inflicted, but all convicted under this
statute were hanged and burned, or burned, without previous strangling,
“alive and quick.”
This statute continued on the statute books until the year 1736, when
it was repealed and suffered no longer to disgrace the intelligence of
the country, after which date witches, conjurers and fortune-tellers
were only subjected to the jail sentences common to other misdemeanors,
confinement for short intervals, or the pillory.
We are reliably informed that during the Long Parliament, in England,
three thousand witches were executed[26] and during the first eighty
years of the seventeenth century, it has been estimated that five
hundred people were annually executed for witchcraft, in England, making
a total of forty thousand who thus met their deaths, during the whole
period referred to.[27]
One of the rankest weeds in the garden of wild delusions that flourished
in England, in the seventeenth century was Matthew Hopkins, who prided
himself upon the title of “Witch-finder General.” About 1644 he made the
discovery of some moles or other marks on the accused persons, which he
advertised as “devil’s marks” and he immediately became in great demand
in helping to hunt down and convict persons accused of this crime.
He had several tests to subject them to, and one of the cruelest was to
tie the hands and feet of the prisoner together cross-wise, the right
thumb to the toe of the left foot and _vice versa_. Being thus tied, so
they could not swim, they were wrapped in a cloth or blanket and placed
in a pool of water or a river, on their backs. If they sank, they were
innocent, but drowned for their innocence, and if they floated, they were
adjudged guilty of witchcraft and hanged or burned.[28]
Public-domain text, read in full here on John Shaqi.
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