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"A belief in witchcraft had always existed; it was entertained by Coke, Bacon, Hale and even Blackstone. It was a misdemeanor at English common law and made a felony without benefit of clergy by 33 Henry VIII, c. 8, and 5 Eliz., c. 16, and the more severe statute of I Jas. 1, ch. 12."
_Connecticut--Origin of her Courts and Laws_ (N.E. States, Vol I, p. 487-488), HAMERSLEY.
"Selden took up a somewhat peculiar and characteristic position. He maintained that the law condemning women to death for witchcraft was perfectly just, but that it was quite unnecessary to ascertain whether witchcraft was a possibility. A woman might not be able to destroy the life of her neighbor by her incantations; but if she intended to do so, it was right that she should be hung." _Rationalism in Europe_ (Vol. 1, p. 123) LECKY.
The fundamental authority for legislation, for the decrees of courts and councils as to witchcraft, from the days of the Witch of Endor to those of Mercy Disborough of Fairfield, and Giles Corey of Salem Farms, was the code of the Hebrews and its recognition in the Gospel dispensations.
Thereon rest most of the historic precedents, legislative, ecclesiastical, and judicial.
"Thou shalt not suffer a witch to live." Exodus xxii, 18.
What law embalmed in ancientry and honored as of divine origin has been more fruitful of sacrifice and suffering? Through the Scriptures, gathering potency as it goes, runs the same grim decree, with widening definitions.
"And the soul that turneth after such as have familiar spirits and after wizards ... I will even set my face against that soul and will cut him off from among his people." Deuteronomy xviii, 10-11.
"There shal not be found among you any one that maketh his son or his daughter to pass through the fire, or that useth divination, or an observer of times, or an enchanter, or a consulter with familiar spirits, or a wizard, or a necromancer." Deuteronomy xviii, 10-11.
"Saul had put away those that had familiar spirits, and the wizards out of the land." Samuel i, 3.
"Now Saul the king of the Hebrews, had cast out of the country the fortune tel ers, and the necromancers, and al such as exercised the like arts, excepting the prophets.... Yet did he bid his servants to inquire out for him some woman that was a necromancer, and cal ed up the souls of the dead, that so he might know whether his affairs would succeed to his mind; for this sort of necromantic women that bring up the souls of the dead, do by them foretel future events." Josephus, Book 6, ch. 14.
"For rebellion is as the sin of witchcraft." Samuel i, 15-23.
"And I will cut off witchcraft out of the land." Micah v. 12.
"Many of them also which used curious arts brought their books together and burned them." Acts xix, 19.
"But there was a certain man cal ed Simon which beforetime in the same city used sorcery and bewitched the people of Samaria." Acts viii, 9.
"If a man abide not in me, he is cast forth as a branch, and is withered, and men gather them and cast them into the fire, and they are burned."[C] John xv, 6.
[Footnote C: In the opinion of the eminent Italian jurist Bartolo, witches were burned alive in early times on this authority.]
These citations make clear the scriptural recognition of witchcraft as a heinous sin and crime. It is, however, necessary to draw a broad line of demarcation between the ancient forms and manifestations which have been brought into view for an illustrative purpose, and that delusion or mania which centered in the theologic belief and teaching that Satan was the arch enemy of mankind, and clothed with such power over the souls of men as to make compacts with them, and to hold supremacy over them in the warfare between good and evil.
The church from its earliest history looked upon witchcraft as a deadly sin, and disbelief in it as a heresy, and set its machinery in motion for its extirpation. Its authority was the word of God and the civil law, and it claimed jurisdiction through the ecclesiastical courts, the secular courts, however, acting as the executive of their decrees and sentences.
Such was the cardinal principle which governed in the merciless attempts to suppress the epidemic in spreading from the continent to England and Scotland, and at last to the Puritan colonies in America, where the last chapter of its history was written.
There can be no better, no more comprehensive modern definition of the crime once a heresy, or of the popular conception of it, than the one set forth in the New England indictments, to wit: "interteining familiarity with Satan the enemy of mankind, and by his help doing works above the course of nature."
In few words Henry Charles Lea, in his _History of the Inquisition in the Middle Ages_, analyzes the development of the Satanic doctrine from a superstition into its acceptance as a dogma of Christian belief.
"As Satan's principal object in his warfare with God was to seduce human souls from their divine allegiance, he was ever ready with whatever temptation seemed most likely to effect his purpose. Some were to be won by physical indulgence; others by conferring on them powers enabling them apparently to forecast the future, to discover hidden things, to gratify enmity, and to acquire wealth, whether through forbidden arts or by the services of a familiar demon subject to their orders. As the neophyte in receiving baptism renounced the devil, his pomps and his angels, it was necessary for the Christian who desired the aid of Satan to renounce God. Moreover, as Satan when he tempted Christ offered him the kingdoms of the earth in return for adoration--'If thou therefore wilt worship me al shal be thine' (Luke iv, 7)--there naturally arose the idea that to obtain this aid it was necessary to render allegiance to the prince of hell. Thence came the idea, so fruitful in the development of sorcery, of compacts with Satan by which sorcerers became his slaves, binding themselves to do all the evil they could to follow their example. Thus the sorcerer or witch was an enemy of al the human race as well as of God, the most efficient agent of hell in its sempiternal conflict with heaven. His destruction, by any method, was therefore the plainest duty of man.
"This was the perfected theory of sorcery and witchcraft by which the gentle superstitions inherited and adopted from al sides were fitted into the Christian dispensation and formed part of its accepted creed."
(_History of Inquisition in the Middle Ages_, 3, 385, LEA.) Once the widespread superstition became adapted to the forms of religious faith and discipline, and "the prince of the power of the air"
was clothed with new energies, the Devil was taken broader account of by Christianity itself; the sorcery of the ancients was embodied in the Christian conception of witchcraft; and the church undertook to deal with it as a heresy; the door was opened wide to the sweep of the epidemic in some of the continental lands.
In Bamburg and Wurzburg, Geneva and Como, Toulouse and Lorraine, and in many other places in Italy, Germany, and France, thousands were sacrificed in the names of religion, justice, and law, with bigotry for their advocate, ignorance for their judge, and fanaticism for their executioner. The storm of demonism raged through three centuries, and was stayed only by the mighty barriers of protest, of inquiry, of remonstrance, and the forces that crystallize and mold public opinion, which guides the destinies of men in their march to a higher civilization.
The flames burning so long and so fiercely on the continent at first spread slowly in England and Scotland. Sorcery in some of its guises had obtained therein ever since the Conquest, and victims had been burned under the king's writ after sentence in the ecclesiastical courts; but witchcraft as a compact with Satan was not made a felony until 1541, by a statute of Henry VIII. Cranmer, in his _Articles of Visitation_ in 1549, enjoined the clergy to inquire as to any craft invented by the Devil; and Bishop Jewel , preaching before the queen in 1558, said:
"It may please your Grace to understand that witches and sorcerers within these last few years are marvelously increased within your Grace's realm, Your Grace's subjects pine away even unto the death, their colour fadeth, their flesh rotteth, their speech is benumbed, their senses are bereft."
The act of 1541 was amended in Queen Elizabeth's reign, in 1562, but at the accession of James I--himself a fanatic and bigot in religious matters, and the author of the famous _Daemonologie_--a new law was enacted with exact definition of the crime, which remained in force more than a hundred years. Its chief provision was this:
"If any person or persons use, practice or exercise any invocation or conjuration of any evil and wicked spirit, or shall consult, covenant with, entertain, employ, feed or reward any evil and wicked spirit to or for any intent or purpose, or take up any dead man, woman, or child out of his, her or their grave, or any other place where the dead body resteth or the skin, bone, or any part of any dead person, to be employed or used in any manner of witchcraft, sorcery, charm, or enchantment, or shall use, practise, or exercise any witchcraft, enchantment, charm, or sorcery, whereby any person shall be killed, destroyed, wasted, consumed, pined or lamed in his or her body or any part thereof: every such offender is a felon without benefit of clergy."
Under this law, and the methods of its administration, witchcraft so called increased; persecutions multiplied, especial y under the Commonwealth, and notably in the eastern counties of England, whence so many of all estates, al sorts and conditions of men, had fled over seas to set up the standard of independence in the Puritan colonies.
Many executions occurred in Lancashire, in Suffolk, Essex, and Huntingdonshire, where the infamous scoundrel "Witch-finder-General"
Matthew Hopkins, under the sanction of the courts, was "pricking,"
"waking," "watching," and "testing" persons suspected or accused of witchcraft, with fiendish ingenuity of indignity and torture. Says James Howell in his _Familiar Letters_, in 1646:
"We have multitudes of witches among us; for in Essex and Suffolk there were above two hundred indicted within these two years, and above the half of them executed."
"Within the compass of two years (1645-7), near upon three hundred witches were arraigned, and the major part of them executed in Essex and Suffolk only. Scotland swarms with them more and more, and persons of good quality are executed daily."
Scotland set its seal on witchcraft as a crime by an act of its parliament so early as 1563, amended in 1649. The ministers were the inquisitors and persecutors. They heard the confessions, and inflicted the tortures, and their cruelties were commensurate with the hard and fast theology that froze the blood of mercy in their veins.
The trials were often held by special commissions issued by the privy council, on the petition of a presbytery or general assembly. It was here that those terrible instruments of torture, the caschielawis, the lang irnis, the boot and the pilliewinkis, were used to wring confessions from the wretched victims. It is all a strange and gruesome story of horrors told in detail in the state trial records, and elsewhere, from the execution of Janet Douglas--Lady Glammis--to that of the poor old woman at Dornoch who warmed herself at the fire set for her burning. So firmly seated in the Scotch mind was the belief in witchcraft as a sin and crime, that when the laws against it were repealed in 1736, Scotchmen in the highest stations of church and state remonstrated against the repeal as contrary to the law of God; and William Forbes, in his "Institutes of the Law of Scotland," calls witchcraft "that black art whereby strange and wonderful things are wrought by a power derived from the devil."
This glance at what transpired on the continent and in England and Scotland is of value, in the light it throws on the beliefs and convictions of both Pilgrim and Puritan--Englishmen al --in their new domain, their implicit reliance on established precedents, their credulity in witchcraft matters, and their absolute trust in scriptural and secular authority for their judicial procedure, and the execution of the grim sentences of the courts, until the revolting work of the accuser and the searcher, and the delusion of the ministers and magistrates aflame with mistaken zeal vanished in the sober afterthought, the reaction of the public mind and conscience, which at last crushed the machinations of the Devil and his votaries in high places.