How then came he to inquire into and write so strongly against witchcraft? Before the time of the eighth Henry, sorcerers were dealt with by the ecclesiastical law, which punished them as heretics. Moreover, their supposed offences against the person seem, chiefly at least, to have been taken notice of when they were supposed to interfere with high or state matters or persons, as in the cases of Joan of Arc or Dame Eleanor Cobham. But in Henry’s time, probably through the extension of continental ideas, aided, it may be, by a desire to restrain the ecclesiastical power, c. 8 of the thirty-third year of his reign was passed. By this it was enacted, that witches, etc., who destroyed their neighbours, and made pictures [images] of them for magical purposes, or for the same purposes made crowns, swords, and the like, or pulled down crosses, or declared where things lost or stolen were become, should suffer death and loss of lands and goods, as felons, and lose the privileges of clergy and sanctuary. Afterwards, by 1 Edw. I, c. 12, this and other offences first made felonies in Henry’s time were no longer to be accounted such. Thirdly, in the fifth year of Elizabeth, Parliament, by its twelfth chapter, enacted, that whereas many have practised sorceries to the destruction of people and their goods, those that cause death shall suffer as was declared by 33 Henry VIII, c. 8, except that their wives and heirs shall not have their rights affected by such attainder. But that when a person was only injured, or their goods or cattle destroyed, the offenders should for the first offence suffer a year’s imprisonment, and once a quarter be exposed in the pillory in a market town for six hours, and there confess their offences; and for the second offence suffer death as felons, with the exceptions before rehearsed. While any who seek treasure, or would bring about unlawful love, or hurt anyone in his body or goods, should for a first offence be imprisoned and suffer as before, and for a second be imprisoned for life and forfeit his goods and cattle. This, so far as humanity is concerned, is a distinct advance on Henry’s enactment, though an apparent going back from that of Edward. Perhaps, as before, it arose from a desire to remove the offences from the jurisdiction of the ecclesiastical law, which would have burnt them, nor, as evidenced by its little results, does it seem to have been made through any mania or scare in the matter. This came on later, when, as we are told by Brian Darcie in 1582, at what time, under pie-crust promises of favour, he was endeavouring to get women to confess, and then be hanged,—“there is a man of great learning and knowledge come over lately into our Queenes Majestie, which hath advertised her what a companie and numbers of Witches be within Englande: whereupon I and other of her Justices have received Commission for the apprehending of as many as are within these limites.” Alas, this man of great learning and knowledge seems to have been none other than that otherwise light of the English Church, the great, good, and pious Bishop Jewel, who, having returned from a forced residence abroad, was speedily promoted by her Majesty, and in a sermon preached before her, in 1572, brought in the subject as follows:—
“Heere perhaps some man will replie, that witches, and conjurers often times chase away one Divell by the meane of another. Possible it is so; but that is wrought, not by power, but by Collusion of the Divels. For one Divell, the better to attaine his purpose, will give place, and make as though he stood in awe of another Divell. And by the way to touch but a word or two of this matter for that the horrible using of your poore subjects inforceth thereunto. It may please your Grace to understand, that this kind of people, I meenes witches and sorcerers, within these few last yeeres, are marvellously increased within this your Grace’s realme. These eies have seene most evident and manifest marks of their wickednesse. Your Grace’s subjects pine away even unto the death, their collour fadeth, their flesh rotteth, their speech is benummed, their senses are bereft.”
“Wherefore, your poore subjects most humble petition unto your Highnesse, is, that the lawes touching such malefactours, may be put in due execution. For the shole of them is great, their doings horrible, their malice intollerable, the examples most miserable. And I pray God, they never practise further, then upon the subject. But this only by the way, these be the scholers of Beelzebub the chief captaine of the Divels.”
The plantings of the Queen in the commissions of her Justices thus instigated and encouraged, produced an abundant crop. According to the Dedications of Scot, Sir Roger Manwood, Lord Chief Baron of the Exchequer, had had “in these causes such experience”, A ii. v., while Sir Thomas Scot, as Justice of the Peace, had also had “manie poore old women convented before him for ... witchcraft”, A. vi. Various booklets also, presently to be spoken of more at large, excited still more the imaginations of a credulous people, and it had been supposed, before Scot wrote, as will be seen on p. 473, and in my note on that page, that the Queen’s person had been aimed at in that way.
It thus appears that though Scot may have been brought up in a traditional but little-regarded belief in witchcraft, he, when he was at least thirty-four, was not only unprepared, but startled, to witness and take part in this new departure from justice and mercy. Witchcraft, chiefly looked on as useful in discovering things lost, or in bringing a wished-for sweetheart to return the love of the seeker, or in curing ailments simple or grievous, became feared, reviled, and sought out: sought out by Commission of the Queen, sought out by the people as a great and fearful evil rapidly overspreading the land, and able and willing, like the Plague and Black Death, to count its victims by thousands, and from the cottage to the throne itself. He, a man both intelligent and compassionate, sees poor, old, decrepit creatures eking out a miserable livelihood by begging an occasional dole from their better off neighbours; ill-tempered by age and condition, and therefore abusive when refused such dole, or on slighter causes, sometimes perhaps through old knowledge or superstition, but probably more often for the sake of gain, pretending to be wise above what is known; he sees these accused of selling their souls for the sake of such a position in the world, he hears them accused sometimes of foul, more frequently of unlikely, crimes and acts, nay, such as an unprejudiced common sense must laugh at, while the evidence is nearly always so faulty that, were the accusation a different one, it would be at once turned inside out and thrown aside. Unfortunately, too, some of these old women being more or less mad, and others driven through fear on the one hand, or through promised favour on the other, confess themselves capable of doing these things, though any man of sense and observation could detect their state or motives. Luckily, too, he had had close to him, and in his wife’s family, the known and talked-of imposture of the Holy Maid of Kent; and in his own time and close to his own door, the case of the Pythonist of Westwell, at first carried out triumphantly, and then, on her own confession and her re-acted acts, branded as an impostor, like the Holy Maid. The Dutchman, too, at Maidstone, after being set forth as a worker of miracles and an exorcist, was found to be a rogue; and “manie other such miracles had beene latelie printed, whereof diverse had beene bewraied.” He had taken part also—apparently as one engaged for the defence—in that piece of folly called the trial of Margaret Simons, and knew the history of Ade Davie, and of her restoration to sanity without exorcism, hanging, or burning.
Is it not natural that his suspicions, and more than suspicions, should have been aroused, and that he should have been thus led to take up the whole subject seriously? One who had given himself up, as Wood says, to reading and thought as well as to healthy and useful exercise, must have sought for and obtained books on either side of the subject, and in especial the known book of Wier; and thoughtful reading of these, and meditation must have led him to extend his views, and gather them into a harmonious and consistent whole. Meanwhile, however, the bloodthirsty superstition daily increased, and there were published first, the mad book or books of Richard Gallis—spoken of in pp. 132-3—of the witches at Windsor, now, I believe, unfortunately lost, where, among other things, he narrates how, at a Sabbath meeting, he had a hand-to-hand encounter with the devil, and wounded him so sore that he stank of brimstone; and in 1582, there took place the wholesale condemnation of the poor old women of St. Osees, thirteen I believe of whom were hanged. There had been no such condemnation before in England. It is not unlikely that he himself witnessed their condemnation—see pp. xxv-vi. So unusual was it, that—as I cannot but believe on other evidence, as stated in my noting on Macbeth—a ballad was written on it, which became very commonly known, and was remembered as late as 1606. This same unusual breadth of punishment also created so much attention that Justice Brian Darcie thought it worth while to set forth in print, not the trial, but the depositions taken before him, and thus inform a too ignorant public that he and he alone was the primary cause of such a purification.