target="_blank" rel="nofollow" href="#ulink_9ca855b2-b9fe-5608-9f28-6f8ef1fe6447">136. The husband was impracticable; he could not be disenchanted. Conjurations and charms failing, 'the countess was instructed to bring against the Earl of Essex a charge of conjugal incapacity: A commission of reverend prelates of the church was appointed to sit in judgment, over whom the king presided in person; and a jury of matrons was found to give their opinion that the Lady Essex was a maiden.' Divorce was accordingly pronounced, and with all possible haste the king married his favourite to the appellant with great pomp at Court. After the conspirators had been arraigned by the public indignation, a curious incident of the trial, according to a cotemporary report, was, that there being 'showed in court certain pictures of a man and a woman made in lead, and also a mould of brass wherein they were cast; a black scarf also full of white crosses which Mrs. Turner had in her custody; enchanted paps and other pictures (as well as a list of some of the devil's particular names used in conjuration), suddenly was heard a crack from the scaffold, which carried a great fear, tumult, and commotion amongst the spectators and through the hall; every one fearing hurt as if the devil had been present and grown angry to have his workmanship known by such as were not his own scholars' (Narratives of Sorcery and Magic, by Thomas Wright). Whatever may have been the crime or crimes for the knowledge of which Sir Thomas Overbury was doomed, it is significant that for his own safety the king was compelled to break an oath (sworn upon his knees before the judges he had purposely summoned, with an imprecation that God's curse might light upon him and his posterity for ever if he failed to bring the guilty to deserved punishment), and to not only pardon but remunerate his former favourite after he had been solemnly convicted and condemned to a felon's death. The crime, the knowledge of which prevented the appearance of Somerset at the gibbet or the scaffold, has been supposed by some, with scarcely sufficient cause or at least proof, to be the murder by the king of his son Prince Henry. Doubt has been strongly expressed of the implication at all of the favourite in the death of Overbury: the evidence produced at the trial about the poisoning being, it seems, made up to conceal or to mystify the real facts.
Chapter VIII.
The Literature of Europe in the Seventeenth Century proves the Universality and Horror of Witchcraft—The most acute and most liberal Men of Learning convinced of its Reality—Erasmus and Francis Bacon—Lawyers prejudiced by Legislation—Matthew Hale's judicial Assertion—Sir Thomas Browne's Testimony—John Selden—The English Church least Ferocious of the Protestant Sects—Jewell and Hooker—Independent Tolerance—Witchcraft under the Presbyterian Government—Matthew Hopkins—Gaule's 'Select Cases of Conscience'—Judicial and Popular Methods of Witch-discovery—Preventive Charms—Witchfinders a legal and numerous Class in England and Scotland—Remission in the Severity of the Persecution under the Protectorship.
Had we not the practical proof of the prevalence of the credit of the black art in accomplished facts, the literature of the first half of the seventeenth century would be sufficient testimony to its horrid dominion. The works of the great dramatists, the writings of men of every class, continually suppose the universal power and horror of witchcraft. Internal evidence is abundant. The witches of Macbeth are no fanciful creation, and Shakspeare's representation of La Pucelle's fate is nothing more than a copy from life. What the vulgar superstition must have been may be easily conceived when men of the greatest genius or learning credited the possibility, and not only a theoretical but actual occurrence, of these infernal phenomena. Gibbon is at a loss to account for the fact that the acute understanding of the learned Erasmus, who could see through much more plausible fables, believed firmly in witchcraft.137 Francis Bacon, the advocate and second founder of the inductive method and first apostle of the Utilitarian philosophy, opposed though he might have been to the vulgar persecution, was not able to get rid of the principles upon which the creed was based.138 Sir Edward Coke, his contemporary, the most acute lawyer of the age, or (as it is said) of any time, ventured even to define the devil's agents in witchcraft. Sir Thomas Browne (author of 'Pseudodoxia Epidemica' or 'Vulgar Errors!'), a physician and writer of considerable merit, and Sir Matthew Hale, in 1664, proved their faith, the one by his solemn testimony in open court, the other by his still more solemn sentence.
If theologians were armed by the authority or their interpretation of Scripture, lawyers were no less so by that of the Statute Book. Judge Hale, in an address to the jury at Bury St. Edmund's, carefully weighing evidence, and, summing up, assures them he did 'not in the least doubt there are witches: first, because the Scriptures affirmed it; secondly, because the wisdom of all nations, particularly of our own, had provided laws against witchcraft which implied their belief of such a crime.'139 Sir Thomas Browne, who gave his professional experience at this trial, to the effect that the devil often acts upon human bodies by natural means, afflicting them in a more surprising manner through the diseases to which they are usually subject; and that in the particular case, the fits (of vomiting nails, needles, deposed by other witnesses) might be natural, only raised to a great degree by the subtlety of the devil cooperating with the malice of the witches, employs a well-known argument when he declares ('Religio Medici'), 'Those that to confute their incredulity desire to see apparitions shall questionless never behold any. The devil hath these already in a heresy as capital as witchcraft; and to appear to them were but to convert them.'
John Selden, a learned lawyer, but of a liberal mind, was gifted with a large amount of common sense, and it might be juster to attribute the dictum which has been supposed to betray 'a lurking belief' to an excess of legal, rather than to a defect of intellectual, perception. Selden, inferring that 'the law against witches does not prove there be any, but it punishes the malice of those people that use such means to take away men's lives,' proceeds to assert that 'if one should profess that by turning his hat thrice and crying "Buz," he could take away a man's life (though in truth he could do no such thing), yet this were a just law made by the state, that whosoever shall turn his hat ... with an intention to take away a man's life, should be put to death.'140
If men of more liberal sentiments were thus enslaved to old prejudices, it is not surprising that the Church, not leading but following, should firmly maintain them. Fortunately for the witches, without the motives actuating in different ways Catholics and Calvinists, and placed midway between both parties, the reformed English Church was not so much interested in identifying her crimes with sorcerers as in maintaining the less tremendous formulæ of Divine right, Apostolical succession, and similar pretensions. Yet if they did not so furiously engage themselves in actual witch-prosecutions, Anglican divines have not been slow in expressly or impliedly affirming the reality of diabolical interposition. Nor can the most favourable criticism exonerate them from the reproach at least of having witnessed without protestation the barbarous cruelties practised in the name of heaven; and the eminent names of Bishop Jewell, the great apologist of the English Church, and of the author of the 'Ecclesiastical Polity,' among others less eminent, may be claimed by the advocates of witchcraft as respectable authorities in the Established Church. The 'judicious' Hooker affirms that the evil spirits are dispersed, some in the air, some on the earth, some in the waters, some among the minerals, in dens and caves that are under the earth, labouring to obstruct and, if possible, to destroy the works of God. They were the dii inferi (the old persuasion) of the heathen worshipped in oracles, in idols, &c.141 The privilege of 'casting out devils' was much cherished and long retained in the Established Church.
During the ascendency of the Presbyterian party from 1640 to the assumption of the Protectorship by Cromwell, witches and witch-trials increased more than ever; and they sensibly decreased only when the Independents obtained a superiority. The adherents of Cromwell, whatever may have been their own fanatical excesses,
