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Witchcraft in Early North America - Alison Games [81]

By Root 638 0
witchcraft was a crime in England, punished in secular courts, jurisdictions passed laws against it. This section contains two such laws, the English law of 1604 (document 6) and the Connecticut law of 1642 (document 7). In England, witchcraft did not become a felony until 1542, when Henry VIII passed a law singling out a witch’s evil intent as the main source of the crime. The statute was repealed by Henry VIII’s son Edward, and not until the reign of Elizabeth I was a new law passed in 1563. Three years later, the first women convicted of witchcraft in England were hanged at Chelmsford. James I, the author of a treatise on demonology and the victim of witches during his reign as king of Scotland, repealed Elizabeth’s law in 1603, and passed a new and harsher version in 1604. This revised law expanded the offenses punishable by the death penalty and made all second offenses punishable by death. The succinct Connecticut law of 1642 follows this lengthy catalogue of crimes.

What, according to the laws, did witches do? Why do you think these laws are so different? What might the differences tell you about the two societies that created them? Are the laws concerned with different kinds of crimes? And what can laws tell us about practices in any given society? For example, witch prosecutions actually declined in England from the 1580s onward, and there is no evidence of any witchcraft trial in Connecticut until 1647. Should we see laws as reflections of society?

An Acte against Conjuration, Witchcraft, and dealinge with Evill and Wicked Spirits

BE it enacted, by the King our Sovraigne Lorde, the Lordes Spirituall and Temporall and the Comons in this present Parliament assembled, and by the authoritie of the same. That the statute made in the fifth yeere of the Raigne of our late Sovraigne Ladie of moste famous and happie memorie Queene Elizabeth, intituled an Acte againste Conjurations Inchantments and Witchcrafts, be from the Feaste of St. Michaell the Archangell nexte coming, for and concerninge all Offences to be comitted after the same Feaste, utterlie repealed.

II. And for the better restrayninge the said Offenses and more severe punishinge the same, be it further enacted by the authoritie aforesaide, That if any person or persons, after the saide Feaste of St. Michaell the Archangell next cominge, 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 out of his her or theire grave, or any other place where the dead bodie resteth, or the skin bone or any other parte of any dead person, to be imployed or used in any manner of Witchcrafte Sorcerie Charme or Inchantment; or shall use practice or exercise any Witchcrafte Inchantment Charme or Sorcerie, wherebie any person shalbe killed destroyed wasted consumed pined [pained, tormented] or lamed in his or her bodie, or any parte thereof; that then everie such Offender or Offendors, their Ayders Abettors and Counsellors, being of any the saide Offences dulie and lawfullie convicted and attainted, shall suffer pains of deathe as a Felon or Felons, and shall loose the privilidge and benefit of Clergie and Sanctuarie.

III. And further, to the intent that all manner of practice use or exercise of witchcrafte Inchantment Charme or Sorcerie should be from henceforth utteilie avoyded abolished and taken away, Be it enacted by the authority of this present Parliament, That if any person or persons shall from and after the saide Feaste of St. Michaell the Archangell next cominge, take upon him or them by Witchcrafte Inchantment Charme or Sorcerie, to tell or declare in what place any treasure of Golde or Silver should or might be founde or had in the earth or other secret places, or where Goods or Things lost 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 person shall be destroyed wasted

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