without further proofe; if anie bodie haue mistrusted hir, or said before that she was a witch.
‘Item. if anie come in, or depart out, of the chamber or house, the doores being shut; it is an apparent and sufficient euidence to a Witches Condemnation, without further triall:
‘Item, if a woman bewitch anie bodies eies, she is to be executed without further proofe.
‘Item. if anie inchant or bewitch men’s beasts, or come, or flie in the aire, or make a dog speake, or cut off anie man’s members, and unite them againe to men or children’s bodies; it is sufficient proofe to condemnation.
‘Item. presumptions and coniectures are sufficient proofes against witches.
‘Item. if three witnesses doo but saie, Such a woman is a witch: then it is a cleere case that she is to be executed with death. Which matter Bodin saith is not onelie certeine by the canon and civill lawes, but by the opinion of pope Innocent, the wisest pope, (as he saith) that ever was.
‘Item. the complaint of anie one man of credit is sufficient to bring a poore woman to the racke or pullie.
‘Item. a condemned or infamous person’s testimonie is good and allowable in matters of witchcraft.
‘Item a witch is not to be deliuered, though she endure all the tortures, and confesse nothing; as all other are in anie criminall cases.
‘Item, though the depositions of manie women at one instant are disabled, as insufficient in lawe; bicause of the imbecillitie and frailtie of their nature or sex: yet, in this matter, one woman, though she be a partie, either accuser or accused, and be also infamous and impudent (for such are Bodin’s words) yea, and alreadie condemned; she may, neverthelesse serue to accuse and condemne a witch.
‘Item, a witness uncited, and offering himselfe in this case, is to be heard, and in none other.
‘Item, a Capitall enimie (if the enimitie be pretended to grow by meanes of witchcraft) may obiect against a witch; and none exception is to be had or made against him.
‘Item, although the proofe of periurie may put back a witnesse in other causes; yet in this, a periured person is a good and a lawfull witnesse.
‘Item, the proctors and advocates in this case are compelled to be witnesses against their clients, as in none other case they are to be constrained thereunto.
‘Item, none can giue euidence against witches, touching their assemblies, but witches onelie; bicause, (as Bodin saith) none other can do it.’
Thus we see that the poor witch had everything against her, which will account in a great way for those marvellous confessions we read of, when the poor, weary, baited and tortured woman would confess to anything to get a few hours’ respite from pain, well knowing that execution would follow, whether she confessed or no. In fact, no other hypothesis is possible, when we read of the extraordinary matters to which these poor women confessed.
Chapter XIV.
Legislation against Witches—Punishment—Last Executions for Witchcraft—Inability to weep and sink—Modern Cases of Witchcraft.
There has not been much legislation against witches in England, the Acts simply keeping in force. It is said that Athelstane in 928 made witchcraft a capital crime, but our ‘statutes at large’ give 33 Henry VIII., cap. 8 (1541), as the first Act really touching witchcraft, as coming within the ken of this book. Next comes 5 Elizabeth, cap. 16 (1562), and then 1 James I., cap. 12 (1604), previously substantially quoted. This was the law of the land until it was abolished in 1736, 9 George II., cap. 5, which did away with capital punishment for witchcraft, and the present law on the subject dates from 1822, 3 George IV., where the word ‘witchcraft’ certainly disappears, and only ‘All Persons pretending to be Gipsies: all Persons pretending to tell Fortunes, or using any subtle Craft, Means, or Device, by Palmistry, or other wise, to deceive or impose upon any of His Majestys subjects,’ shall be adjudged ‘Common Rogues and Vagabonds,’ and sentenced as such.
Formerly the poor wretches were burned, a fearful fate, as Scot says, quoting Bodin. ‘Item, if a woman confesse freelie herein, before question37 be made; and yet afterward denie it; she is neuerthelesse to be burned.’ Possibly the last case of burning for witchcraft is one I shall record later on, at Bury St. Edmunds, in 1644; but the same year one Alice Hudson was burned at York for receiving small sums of money from the Devil.38
The last case of burning in Scotland was in Sutherland, in 1722, and the last in Ireland at Glarus, a servant being burnt as a witch in 1786. Probably the last burning for witchcraft, in any so-called civilized country, is the following, taken from the Steamer Edition of the Panama Star and Herald of June 5, 1871: ‘According to the Porvenir of Callao (Peru), 29th ult., a woman has been burnt in the public square of a town in the province of Guavina, about thirty-four leagues from the port of Iquique, for being a witch. This punishment, worthy of the flourishing days of the Spanish Inquisition, was ordered by the Lieutenant-Governor and Judge of the Province.’
Hutchinson, a very careful writer, whose ‘Historical Essay concerning Witchcraft,’ etc., was first published in 1718, and the second edition in 1720, says, referring to a case we shall hear of anon: ‘Susan Edwards, Mary Trembles, and Temperance Lloyd, hanged at Exeter, confess’d themselves Witches, but died with good Prayers in their Mouths. I suppose these are the last Three that have been hanged in England. 1682.’
James I. was ruthless against witches, vide the following:
‘Philomathes. Then to make an ende of our conference, since I see it drawes late, what forme of punishment thinke yee merites these Magicians and Witches? For I see that yee account them to be al alike guiltie.
Epistemon. They ought to be put to death according to the Law of God, the civill and imperiall Law, and municipall Law of all Christian nations.
Phi. But what kinde of death, I pray you?
Epi. It is commonly used by fire, but that is an indifferent thing to be used in every countrey, according to the Law or custome thereof.
Phi. But ought no sexe, age, nor ranke to bee exempted?
Epi. None at al (being so used by the lawful magistrate) for it is the highest point of Idolatry, wherein no exception is admitted by the Law of God.
Phi. Then bairnes may not be spared?
Epi. Yea, not a haire the lesse of my conclusion. For they are not that capable of reason as to practise such things.’
Before quitting the subject of witches for cases of witchcraft, it occurs to me that I have omitted one or two peculiarities relating to them. First of all, one personal peculiarity they had, according to the infallible authority Bodin—an inability to weep, or, at all events, they could only screw out three tears. And this was a great test, so much so that a form of conjuration is given in the ‘Malleus Maleficarum,’ and translated by Scot, which bears strongly upon this point: ‘I coniure thee by the amorous teares, which Jesus Christ our Saviour shed upon the crosse for the saluation of the world; and by
