"My lofe in my lappe,
My penny in my purse,
You are never the better,
I am never the worse."

She was acquitted and doubtless continued to add penny to penny.[38]

We need not, indeed, be surprised that the state should have been remiss in punishing a crime so vague in character and so closely related to an honorable profession. Except where conjuration had affected high interests of state, it had been practically overlooked by the government. Now and then throughout the fourteenth and fifteenth centuries there had been isolated plots against the sovereign, in which conjury had played a conspicuous part. With these few exceptions the crime had been one left to ecclesiastical jurisdiction. But now the state was ready to reclaim its jurisdiction over these crimes and to assume a very positive attitude of hostility towards them. This came about in a way that has already been briefly indicated. The government of the queen found itself threatened constantly by plots for making away with the queen, plots which their instigators hoped would overturn the Protestant regime and bring England back into the fold. Elizabeth had hardly mounted her throne when her councillors began to suspect the use of sorcery and conjuration against her life. As a result they instituted the most painstaking inquiries into all reported cases of the sort, especially in and about London and the neighboring counties. Every Catholic was suspected. Two cases that were taken up within the first year came to nothing, but a third trial proved more serious. In November of 1558 Sir Anthony Fortescue,[39] member of a well known Catholic family, was arrested, together with several accomplices, upon the charge of casting the horoscope of the queen's life. Fortescue was soon released, but in 1561 he was again put in custody, this time with two brothers-in-law, Edmund and Arthur Pole, nephews of the famous cardinal of that name. The plot that came to light had many ramifications. It was proposed to marry Mary, Queen of Scots, to Edmund Pole, and from Flanders to proclaim her Queen of England. In the meantime Elizabeth was to die a natural death—at least so the conspirators claimed—prophesied for her by two conjurers, John Prestall and Edmund Cosyn, with the assistance of a "wicked spryte." It was discovered that the plot involved the French and Spanish ambassadors. Relations between Paris and London became strained. The conspirators were tried and sentenced to death. Fortescue himself, perhaps because he was a second cousin of the queen and brother of the Chancellor of the Exchequer, seems to have escaped the gallows.[40]

The Fortescue affair was, however, but one of many conspiracies on foot during the time. Throughout the sixties and the seventies the queen's councillors were on the lookout. Justices of the peace and other prominent men in the counties were kept informed by the privy council of reported conjurers, and they were instructed to send in what evidence they could gather against them. It is remarkable that three-fourths of the cases that came under investigation were from a territory within thirty miles of London. Two-thirds of them were from Essex. Not all the conjurers were charged with plotting against the queen, but that charge was most common. It is safe to suppose that, in the cases where that accusation was not preferred, it was nevertheless the alarm of the privy council for the life of the queen that had prompted the investigation and arrest.

Between 1578 and 1582, critical years in the affairs of the Scottish queen, the anxiety of the London authorities was intense[41]—their precautions were redoubled. Representatives of the government were sent out to search for conjurers and were paid well for their services.[42] The Earl of Shrewsbury, a member of the council who had charge of the now captive Queen Mary, kept in his employ special detectors of conjuring.[43] Nothing about Elizabeth's government was better organized than Cecil's detective service, and the state papers show that the ferreting out of the conjurers was by no means the least of its work. It was a service carried on, of course, as quietly as could be, and yet the cases now and again came to light and made clear to the public that the government was very fearful of conjurers' attacks upon the queen. No doubt the activity of the council put all conjurers under public suspicion and in some degree roused public resentment against them.

This brings us back to the point: What had the conjurers to do with witchcraft? By this time the answer is fairly obvious. The practisers of the magic arts, the charmers and enchanters, were responsible for developing the notions of witchcraft. The good witch brought in her company the black witch. This in itself might never have meant more than an increased activity in the church courts. But when Protestant England grew suddenly nervous for the life of the queen, when the conjurers became a source of danger to the sovereign, and the council commenced its campaign against them, the conditions had been created in which witchcraft became at once the most dangerous and detested of crimes. While the government was busy putting down the conjurers, the aroused popular sentiment was compelling the justices of the peace and then the assize judges to hang the witches.

This cannot be better illustrated than by the Abingdon affair of 1578-1579. Word had been carried to the privy council that Sir Henry Newell, justice of the peace, had committed some women near Abingdon on the charge of making waxen images.[44] The government was at once alarmed and sent a message to Sir Henry and to the Dean of Windsor instructing them to find out the facts and to discover if the plots were directed against the queen. The precaution was unnecessary. There was no ground for believing that the designs of the women accused had included the queen. Indeed the evidence of guilt of any kind was very flimsy. But the excitement of the public had been stirred to the highest pitch. The privy council had shown its fear of the women and all four of them went to the gallows.[45]

The same situation that brought about the attack upon witchcraft and conjuration was no doubt responsible for the transfer of jurisdiction over the crime. We have already seen that the practice of conjuration had probably been left largely to the episcopal hierarchy for punishment. The archdeacons were expected in their visitations to inquire into the practice of enchantment and magic within the parishes and to make report.[47] In the reign of Elizabeth it became no light duty. The church set itself to suppress both the consulter and the consulted.[48] By the largest number of recorded cases deal of course with the first class. It was very easy when sick or in trouble to go to a professed conjurer for help.[49] It was like seeking a physician's service, as we have seen. The church frowned upon it, but the danger involved in disobeying the church was not deemed great. The cunning man or woman was of course the one who ran the great risk. When worst came to worst and the ecclesiastical power took cognizance of his profession, the best he could do was to plead that he was a "good witch" and rendered valuable services to the community.[50] But a good end was in the eyes of the church no excuse for an evil means. The good witches were dealers with evil spirits and hence to be repressed.

Yet the church was very light in its punishments. In the matter of penalties, indeed, consulter and consulted fared nearly alike, and both got off easily. Public confession and penance in one or more specifically designated churches, usually in the nearest parish church, constituted the customary penalty.[51] In a few instances it was coupled with the requirement that the criminal should stand in the pillory, taper in hand, at several places at stated times.[52] The ecclesiastical records are so full of church penances that a student is led to wonder how effectual they were in shaming the penitent into better conduct. It may well be guessed that most of the criminals were not sensitive souls that would suffer profoundly from the disgrace incurred.

The control of matters of this kind was in the hands of the church by sufferance only. So long as the state was not greatly interested, the church was permitted to retain its jurisdiction.[53] Doubtless the kings of England would have claimed the state's right of jurisdiction if it had become a matter of dispute. The church itself recognized the secular power in more important cases.[54] In such cases the archdeacon usually acted with the justice of peace in conducting the examination,[55] as in rendering sentence. Even then, however, the penalty was as a rule ecclesiastical. But, with the second half of the sixteenth century, there arose new conditions which resulted in the transfer of this control to the state. Henry VIII had broken with Rome and established a Church of England around the king as a centre. The power of the church belonged to the king, and, if to the king, to his ministers and his judges. Hence certain crimes that had been under the control of the church fell under the jurisdiction of the king's courts.[56] In a more special way the same change came about through the attack of the privy council upon the conjurers. What had hitherto been a comparatively insignificant offence now became a crime against the state and was so dealt with.

The change, of course, was not sudden. It was not accomplished in a year, nor in a decade. It was going on throughout the first half of Elizabeth's reign. By the beginning of the eighties the church control was disappearing. After 1585 the state had practically exclusive jurisdiction.[57]

We have now finished the attempt to trace the beginning of the definite movement against witchcraft in England. What witchcraft was, what it became, how it was to be distinguished from sorcery—these are questions that we have tried to answer very briefly. We have dealt in a cursory way with a series of cases extending from Anglo-Saxon days down to the fifteenth century in order to show how unfixed was the matter of jurisdiction. We have sought also to explain how Continental opinion was introduced into England through Jewel and other Marian exiles, to show what independent forces were operating in England, and to exhibit the growing influence of the charmers and their relation to the development of witchcraft; and lastly we have aimed to prove that the special danger to the queen had no little part in creating the crusade against witches. These are conclusions of some moment and a caution must be inserted. We have been treating of a period where facts are few and information fragmentary. Under such circumstances conclusions can only be tentative. Perhaps the most that can be said of them is that they are suggestions.


[1] Benjamin Thorpe, Ancient Laws and Institutes of England (London, 1840), I, 41; Liebermann, Die Gesetze der Angelsachsen (Halle, 1906), and passages cited in his Wörterbuch under wiccan, wiccacræft; Thomas Wright, ed., A Contemporary Narrative of the Proceedings against Dame Alice Kyteler (Camden Soc., London, 1843), introd., i-iii.

[2] George L. Burr, "The Literature of Witchcraft," printed in Papers of the Am. Hist. Assoc., IV (New York, 1890), 244.

[3] Henry C. Lea, History of the Inquisition in Spain (New York, 1906-1907), IV, 207; cf. his History of the Inquisition of the Middle Ages (New York, 1888), III, chs. VI, VII. The most elaborate study of the rise of the delusion is that by J. Hansen, Zauberwahn, Inquisition und Hexenprozess im Mittelalter (Cologne, 1900).

[4] Lea, Inquisition in Spain, IV, 206.

[5] Pollock and Maitland, History of English Law (2d ed., Cambridge, 1898), II, 554.

[6] Ibid. See also Wright, ed., Proceedings against Dame Alice Kyteler, introd., ix.

[7] Ibid., x. Lincoln, not Norwich, as Wright's text (followed by Pollock and Maitland) has it. See the royal letter itself printed in his footnote, and cf. Rymer's Foedera (under date of 2 Jan. 1406) and the Calendar of the Patent Rolls (Henry IV, vol. III, p. 112). The bishop was Philip Repington, late the King's chaplain and confessor.

[8] L. O. Pike, History of Crime in England (London, 1873), I, 355-356.

[9] Ibid. Sir Harris Nicolas, Proceedings and Ordinances of the Privy Council (London, 1834-1837). IV, 114.

[10] English Chronicle of the Reigns of Richard II, etc., edited by J. S. Davies (Camden Soc., London, 1856), 57-60.

[11] Ramsay, Lancaster and York (Oxford, 1892), II, 31-35; Wright, ed., Proceedings against Dame Alice Kyteler, introd., xv-xvi, quoting the Chronicle of London; K. H. Vickers, Humphrey, Duke of Gloucester (London, 1907), 269-279.

[12] Wright, ed., op. cit., introd., xvi-xvii.

[13] James Gairdner, Life and Reign of Richard III (2d ed., London, 1879), 81-89. Jane Shore was finally tried before the court of the Bishop of London.

[14] Sir J. F. Stephen, History of the Criminal Law of England (London, 1883), II, 410, gives five instances from Archdeacon Hale's Ecclesiastical Precedents; see extracts from Lincoln Episcopal Visitations in Archæologia (Soc. of Antiquaries, London), XLVIII, 254-255, 262; see also articles of visitation, etc., for 1547 and 1559 in David Wilkins, Concilia Magnae Britanniae (London, 1737), IV, 25, 186, 190.

[15] An earlier statute had mentioned sorcery and witchcraft in connection with medical practitioners. The "Act concerning Phesicions and Surgeons" of 3 Henry VIII, ch. XI, was aimed against quacks. "Forasmoche as the science and connyng of Physyke and Surgerie to the perfecte knowlege wherof bee requisite bothe grete lernyng and ripe experience ys daily ... exercised by a grete multitude of ignoraunt persones ... soofarfurth that common Artificers as Smythes Wevers and Women boldely and custumably take upon theim grete curis and thyngys of great difficultie In the which they partely use socery and which crafte [sic] partely applie such medicyne unto the disease as be verey noyous," it was required that every candidate to practice medicine should be examined by the bishop of the diocese (in London by either the bishop or the Dean of St. Paul's).

[16] Stephen, History of Criminal Law, II, 431, says of this act: "Hutchinson suggests that this act, which was passed two years after the act of the Six Articles, was intended as a 'hank upon the reformers,' that the part of it to which importance was attached was the pulling down of crosses, which, it seems, was supposed to be practised in connection with magic. Hutchinson adds that the act was never put into execution either against witches or reformers. The act was certainly passed during that period of Henry's reign when he was inclining in the Roman Catholic direction." The part of the act to which Hutchinson refers reads as follows: "And for execucion of their saide falce devyses and practises have made or caused to be made dyvers Images and pictures of men, women, childrene, Angelles or develles, beastes or fowles, ... and gyving faithe and credit to suche fantasticall practises have dygged up and pulled downe an infinite nombre of Crosses within this Realme."

[17] Parliamentary History (London, 1751-1762), III, 229.

[18] Ibid.

[19] Autobiography of Edward Underhill (in Narratives of the Days of the Reformation, Camden Soc., London, 1859), 172-175.

[20] The measure in fact reached the engrossing stage in the Commons. Both houses, however, adjourned early in April and left it unpassed.

[21] Several of the bishops who were appointed on Elizabeth's accession had travelled in South Germany and Switzerland during the Marian period and had the opportunity of familiarizing themselves with the propaganda in these parts against witches. Thomas Bentham, who was to be bishop of Coventry and Lichfield, had retired from England to Zurich and had afterwards been preacher to the exiles at Basel. John Parkhurst, appointed bishop of Norwich, had settled in Zurich on Mary's accession. John Scory, appointed bishop of Hereford, had served as chaplain to the exiles in Geneva. Richard Cox, appointed bishop of Ely, had visited Frankfort and Strassburg. Edmund Grindall, who was to be the new bishop of London, had, during his exile, visited Strassburg, Speier, and Frankfort. Miles Coverdale, who had been bishop of Exeter but who was not reappointed, had been in Geneva in the course of his exile. There were many other churchmen of less importance who at one time or another during the Marian period visited Zurich. See Bullinger's Diarium (Basel, 1904) and Pellican's Chronikon (Basel, 1877), passim, as also Theodor Vetter, Relations between England and Zurich during the Reformation (London, 1904). At Strassburg the persecution raged somewhat later; but how thoroughly Bucer and his colleagues approved and urged it is clear from a letter of advice addressed by them in 1538 to their fellow pastor Schwebel, of Zweibrücken (printed as No. 88 in the Centuria Epistolarum appended to Schwebel's Scripta Theologica, Zweibrücken, 1605). That Bucer while in England (1549-1551) found also occasion to utter these views can hardly be doubted. These details I owe to Professor Burr.

[22] Various dates have been assigned for Jewel's sermon, but it can be determined approximately from a passage in the discourse. In the course of the sermon he remarked: "I would wish that once again, as time should serve, there might be had a quiet and sober disputation, that each part might be required to shew their grounds without self will and without affection, not to maintain or breed contention, ... but only that the truth may be known.... For, at the last disputation that should have been, you know which party gave over and would not meddle." This is clearly an allusion to the Westminster disputation of the last of March, 1559; see John Strype, Annals of the Reformation (London, 1709-1731; Oxford, 1824), ed. of 1824, I, pt. i, 128. The sermon therefore was preached after that disputation. It may be further inferred that it was preached before Jewel's controversy with Cole in March, 1560. The words, "For at the last disputation ... you know which party gave over and would not meddle," were hardly written after Cole accepted Jewel's challenge. It was on the second Sunday before Easter (March 17), 1560, that Jewel delivered at court the discourse in which he challenged dispute on four points of church doctrine. On the next day Henry Cole addressed him a letter in which he asked him why he "yesterday in the Court and at all other times at Paul's Cross" offered rather to "dispute in these four points than in the chief matters that lie in question betwixt the Church of Rome and the Protestants." In replying to Cole on the 20th of March Jewel wrote that he stood only upon the negative and again mentioned his offer. On the 31st of March he repeated his challenge upon the four points, and upon this occasion went very much into detail in supporting them. Now, in the sermon which we are trying to date, the sermon in which allusion is made to the prevalence of witches, the four points are briefly named. It may be reasonably conjectured that this sermon anticipated the elaboration of the four points as well as the challenging sermon of March 17. It is as certain that it was delivered after Jewel's return to London from his visitation in the west country. On November 2, 1559, he wrote to Peter Martyr: "I have at last returned to London, with a body worn out by a most fatiguing journey." See Zurich Letters, I (Parker Soc., Cambridge, 1842), 44. It is interesting and significant that he adds: "We found in all places votive relics of saints, nails with which the infatuated people dreamed that Christ had been pierced, and I know not what small fragments of the sacred cross. The number of witches and sorceresses had everywhere become enormous." Jewel was consecrated Bishop of Salisbury in the following January, having been nominated in the summer of 1559 just before his western visitation. The sermon in which he alluded to witches may have been preached at any time after he returned from the west, November 2, and before March 17. It would be entirely natural that in a court sermon delivered by the newly appointed bishop of Salisbury the prevalence of witchcraft should be mentioned. It does not seem a rash guess that the sermon was preached soon after his return, perhaps in December, when the impression of what he had seen in the west was still fresh in his memory. But it is not necessary to make this supposition. Though the discourse was delivered some time after March 15, 1559, when the first bill "against Conjurations, Prophecies, etc.," was brought before the Commons (see Journal of the House of Commons, I, 57), it is not unreasonable to believe that there was some connection between the discourse and the fortunes of this bill. That connection seems the more probable on a careful reading of the Commons Journals for the first sessions of Elizabeth's Parliament. It is evident that the Elizabethan legislators were working in close cooperation with the ecclesiastical authorities. Jewel's sermon may be found in his Works (ed. for the Parker Soc., Cambridge, 1845-1850), II, 1025-1034. (For the correspondence with Cole see I, 26 ff.)

For assistance in dating this sermon the writer wishes to express his special obligation to Professor Burr.

[23] Strype, Annals of the Reformation, I, pt. i, 11. He may, indeed, mean to ascribe it, not to the sermon, but to the evils alleged by the sermon.

[24] In the contemporary account entitled A True and just Recorde of the Information, Examination, and Confession of all the Witches taken at St. Oses.... Written ... by W. W. (1582), next leaf after B 5, we read: "there is a man of great cunning and knowledge come over lately unto our Queenes Maiestie, which hath advertised her what a companie and number of witches be within Englande." This probably refers to Jewel.

[25] See ibid., B 5 verso: "I and other of her Justices have received commission for the apprehending of as many as are within these limites." This was written later, but the event is referred to as following what must have been Bishop Jewel's sermon.

[26] Thomas Wright, Narratives of Sorcery and Magic (ed. of N. Y., 1852), 126 ff.; see also his Elizabeth and her Times (London, 1838), I, 457, letter of Shrewsbury to Burghley.

[27] Wright, Narratives, 130 ff.

[28] Ibid., 134.

[29] See Reginald Scot, The Discoverie of Witchcraft (London, 1584; reprinted, Brinsley Nicholson, ed., London, 1886), 4.

[30] A very typical instance was that in Kent in 1597, see Archæologia Cantiana (Kent Archæological Soc., London), XXVI, 21. Several good instances are given in the Hertfordshire County Session Rolls (compiled by W. J. Hardy, London, 1905), I; see also J. Raine, ed., Depositions respecting the Rebellion of 1569, Witchcraft, and other Ecclesiastical Proceedings from the Court of Durham (Surtees Soc., London, 1845), 99, 100.

[31] J. Raine, ed., Injunctions and other Ecclesiastical Proceedings of Richard Barnes, Bishop of Durham (Surtees Soc., London, 1850), 18; H. Owen and J. B. Blakeway, History of Shrewsbury (London, 1825), II, 364, art. 43.

[32] Arch. Cant., XXVI, 19.

[33] Hertfordshire Co. Sess. Rolls, I, 3.

[34] See Depositions ... from the Court of Durham, 99; Arch. Cant., XXVI, 21; W. H. Hale, Precedents, etc. (London, 1847), 148, 185.

[35] Hale, op. cit., 163; Middlesex County Records, ed. by J. C. Jeaffreson (London, 1892), I, 84, 94.

[36] For an instance of how a "wise woman" feared this very thing, see Hale, op. cit., 147.

[37] See Witches taken at St. Oses, E; also Dr. Barrow's opinion in the pamphlet entitled The most strange and admirable discoverie of the three Witches of Warboys, arraigned, convicted and executed at the last assizes at Huntingdon.... (London, 1593).

[38] Folk Lore Soc. Journal, II, 157-158, where this story is quoted from a work by "Wm. Clouues, Mayster in Chirurgery," published in 1588. He only professed to have "reade" of it, so that it is perhaps just a pleasant tradition. If it is nothing more than that, it is at least an interesting evidence of opinion.

[39] Strype, Annals of the Reformation, I, pt. i, 9-10; Dictionary of National Biography, article on Anthony Fortescue, by G. K. Fortescue.

[40] Strype, op. cit., I, pt. i, 546, 555-558; also Wright, Elizabeth and her Times, I, 121, where a letter from Cecil to Sir Thomas Smith is printed.

[41] The interest which the privy council showed in sorcery and witchcraft during the earlier part of the reign is indicated in the following references: Acts of the Privy Council, new series, VII, 6, 22, 200-201; X, 220, 382; XI, 22, 36, 292, 370-371, 427; XII, 21-22, 23, 26, 29, 34, 102, 251; Calendar of State Papers, Domestic, 1547-1580, 137, 142; id., 1581-1590, 29, 220, 246-247; id., Add. 1580-1625, 120-121; see also John Strype, Life of Sir Thomas Smith (London, 1698; Oxford, 1820), ed. of 1820, 127-129. The case mentioned in Cal. St. P., Dom., 1581-1590, 29, was probably a result of the activity of the privy council. The case in id., Add., 1580-1625, 120-121, is an instance of where the accused was suspected of both witchcraft and "high treason touching the supremacy." Nearly all of the above mentioned references to the activity of the privy council refer to the first half of the reign and a goodly proportion to the years 1578-1582.

[42] Acts P. C., n. s., XI, 292.

[43] Strype, Sir Thomas Smith, 127-129.

[44] A Rehearsall both straung and true of hainous and horrible acts committed by Elizabeth Stile, etc. (for full title see appendix). This pamphlet is in black letter. Its account is confirmed by the reference in Acts P. C., n. s., XI, 22. See also Scot, Discoverie, 51, 543.

[45] An aged widow had been committed to gaol on the testimony of her neighbors that she was "lewde, malitious, and hurtful to the people." An ostler, after he had refused to give her relief, had suffered a pain. So far as the account goes, this was the sum of the evidence against the woman. Unhappily she waited not on the order of her trial but made voluble confession and implicated five others, three of whom were without doubt professional enchanters. She had met, she said, with Mother Dutten, Mother Devell, and Mother Margaret, and "concluded several hainous and vilanous practices." The deaths of five persons whom she named were the outcome of their concerted plans. For the death of a sixth she avowed entire responsibility. This amazing confession may have been suggested to her piece by piece, but it was received at full value. That she included others in her guilt was perhaps because she responded to the evident interest aroused by such additions, or more likely because she had grudges unsatisfied. The women were friendless, three of the four were partially dependent upon alms, there was no one to come to their help, and they were convicted. The man that had been arraigned, a "charmer," seems to have gone free.

[46] Injunctions ... of ... Bishop of Durham, 18, 84, 99; Visitations of Canterbury, in Arch. Cant., XXVI; Hale, Precedents, 1475-1640, 147, etc.

[47] Arch. Cant., XXVI, passim; Hale, op. cit., 147, 148, 163, 185; Mrs. Lynn Linton, Witch Stories (London, 1861; new ed., 1883), 144.

[48] See Hale, op. cit., 148, 157.

[49] Hale, op. cit., 148; Depositions ... from the Court of Durham, 99; Arch. Cant., XXVI, 21.

[50] Hale, op. cit., 148, 185.

[51] Ibid., 157.

[52] Denham Tracts (Folk Lore Soc., London), II, 332; John Sykes, Local Record ... of Remarkable Events ... in Northumberland, Durham, ... etc. (2d ed., Newcastle, 1833-1852), I, 79.

[53] See, for example, Acts P. C., n. s., VII, 32 (1558).

[54] Cal. St. P., Dom., 1547-1580, 173. Instance where the Bishop of London seems to have examined a case and turned it over to the privy council.

[55] Rachel Pinder and Agnes Bridges, who pretended to be possessed by the Devil, were examined before the "person of St. Margarets in Lothberry," and the Mayor of London, as well as some justices of the peace. They later made confession before the Archbishop of Canterbury and some justices of the peace. See the black letter pamphlet, The discloysing of a late counterfeyted possession by the devyl in two maydens within the Citie of London [1574].

[56] Francis Coxe came before the queen rather than the church. He narrates his experiences in A short treatise declaringe the detestable wickednesse of magicall sciences, ... (1561). Yet John Walsh, a man with a similar record, came before the commissary of the Bishop of Exeter. See The Examination of John Walsh before Master Thomas Williams, Commissary to the Reverend father in God, William, bishop of Excester, upon certayne Interrogatories touchyng Wytch-crafte and Sorcerye, in the presence of divers gentlemen and others, the XX of August, 1566.

[57] We say "practically," because instances of church jurisdiction come to light now and again throughout the seventeenth century.


CHAPTER II.

Witchcraft under Elizabeth.

The year 1566 is hardly less interesting in the history of English witchcraft than 1563. It has been seen that the new statute passed in 1563 was the beginning of a vigorous prosecution by the state of the detested agents of the evil one. In 1566 occurred the first important trial known to us in the new period. That trial deserves note not only on its own account, but because it was recorded in the first of the long series of witch chap-books—if we may so call them. A very large proportion of our information about the execution of the witches is derived from these crude pamphlets, briefly recounting the trials. The witch chap-book was a distinct species. In the days when the chronicles were the only newspapers it was what is now the "extra," brought out to catch the public before the sensation had lost its flavor. It was of course a partisan document, usually a vindication of the worthy judge who had condemned the guilty, with some moral and religious considerations by the respectable and righteous author. A terribly serious bit of history it was that he had to tell and he told it grimly and without pity. Such comedy as lights up the gloomy black-letter pages was quite unintentional. He told a story too that was full of details trivial enough in themselves, but details that give many glimpses into the every-day life of the lower classes in town and country.

The pamphlet of 1566 was brief and compact of information. It was entitled The examination and confession of certaine Wytches at Chensforde in the Countie of Essex before the Quenes Maiesties Judges the XXVI daye of July anno 1566. The trial there recorded is one that presents some of the most curious and inexplicable features in the annals of English witchcraft. The personnel of the "size" court is mysterious. At the first examination "Doctor Cole" and "Master Foscue" were present. Both men are easily identified. Doctor Cole was the Reverend Thomas Cole, who had held several places in Essex and had in 1564 been presented to the rectory of Stanford Rivers, about ten miles from Chelmsford. Master Foscue was unquestionably Sir John Fortescue, later Chancellor of the Exchequer, and at this time keeper of the great wardrobe. On the second examination Sir Gilbert Gerard, the queen's attorney, and John Southcote, justice of the queen's bench, were present. Why Southcote should be present is perfectly clear. It is not so easy to understand about the others. Was the attorney-general acting as presiding officer, or was he conducting the prosecution? The latter hypothesis is of course more consistent with his position. But what were the rector of Stanford Rivers and the keeper of the great wardrobe doing there? Had Doctor Cole been appointed in recognition of the claims of the church? And the keeper of the wardrobe, what was the part that he played? One cannot easily escape the conclusion that the case was deemed one of unusual significance. Perhaps the privy council had heard of something that alarmed it and had delegated these four men, all known at Elizabeth's court, to examine into the matter in connection with the assizes.

The examinations themselves present features of more interest to the psychologist than to the historical student. Yet they have some importance in the understanding of witchcraft as a social phenomenon. Elizabeth Francis, when examined, confessed with readiness to various "vilanies." From her grandmother she said she had as a child received a white spotted cat, named Sathan, whom she had fed, and who gave her what she asked for. "She desired to have one Andrew Byles to her husband, which was a man of some welth, and the cat dyd promyse she shold." But the promise proved illusory. The man left her without marriage and then she "willed Sathan ... to touch his body, whych he forthewith dyd, whereof he died." Once again she importuned Satan for a husband. This time she gained one "not so rich as the other." She bore a daughter to him, but the marriage was an unhappy one. "They lived not so quietly as she desyred, beinge stirred to much unquietnes and moved to swearing and cursinge." Thereupon she employed the spirit to kill her child and to lame her husband. After keeping the cat fifteen years she turned it over to Mother Waterhouse, "a pore woman."[1]

Mother Waterhouse was now examined. She had received the cat and kept it "a great while in woll in a pot." She had then turned it into a toad. She had used it to kill geese, hogs, and cattle of her neighbors. At length she had employed it to kill a neighbor whom she disliked, and finally her own husband. The woman's eighteen-year-old daughter, Joan, was now called to the stand and confirmed the fact that her mother kept a toad. She herself had one day been refused a piece of bread and cheese by a neighbor's child and had invoked the toad's help. The toad promised to assist her if she would surrender her soul. She did so. Then the toad haunted the neighbor's girl in the form of a dog with horns. The mother was again called to the stand and repeated the curious story told by her daughter.

Now the neighbor's child, Agnes Brown, was brought in to testify. Her story tallied in some of its details with that of the two Waterhouse women; she had been haunted by the horned dog, and she added certain descriptions of its conduct that revealed good play of childish imagination.[2]

The attorney put some questions, but rather to lead on the witnesses than to entangle them. He succeeded, however, in creating a violent altercation between the Waterhouses on the one hand, and Agnes Brown on the other, over trifling matters of detail.[3] At length he offered to release Mother Waterhouse if she would make the spirit appear in the court.[4] The offer was waived. The attorney then asked, "When dyd thye Cat suck of thy bloud?" "Never," said she. He commanded the jailer to lift up the "kercher" on the woman's head. He did so and the spots on her face and nose where she had pricked herself for the evil spirit were exposed.

The jury retired. Two days later Agnes Waterhouse suffered the penalty of the law, not however until she had added to her confessions.[5]

The case is a baffling one. We can be quite sure that the pamphlet account is incomplete. One would like to know more about the substance of fact behind this evidence. Did the parties that were said to have been killed by witchcraft really die at the times specified? Either the facts of their deaths were well known in the community and were fitted with great cleverness into the story Mother Waterhouse told, or the jurors and the judges neglected the first principles of common sense and failed to inquire about the facts.[6] The questions asked by the queen's attorney reveal hardly more than an unintelligent curiosity to know the rest of the story. He shows just one saving glint of skepticism. He offered to release Mother Waterhouse if she would materialize her spirit.

Mother Waterhouse was her own worst enemy. Her own testimony was the principal evidence presented against her, and yet she denied guilt on one particular upon which the attorney-general had interrogated her. This might lead one to suppose that her answers were the haphazard replies of a half-witted woman. But the supposition is by no means consistent with the very definite and clear-cut nature of her testimony. It is useless to try to unravel the tangles of the case. It is possible that under some sort of duress—although there is no evidence of this—she had deliberately concocted a story to fit those of Elizabeth Francis and Agnes Brown, and that her daughter, hearing her mother's narrative in court—a very possible thing in that day—had fitted hers into it. It is conceivable too that Mother Waterhouse had yielded merely to the wish to amaze her listeners. It is a more probable supposition that the questions asked of her by the judge were based upon the accusations already made by Agnes Brown and that they suggested to her the main outlines of her narrative.

Elizabeth Francis, who had been the first accused and who had accused Mother Waterhouse, escaped. Whether it was because she had turned state's evidence or because she had influential friends in the community, we do not know. It is possible that the judges recognized that her confession was unsupported by the testimony of other witnesses. Such a supposition, however, credits the court with keener discrimination than seems ever to have been exhibited in such cases in the sixteenth century.[7]

But, though Elizabeth Francis had escaped, her reputation as a dangerous woman in the community was fixed. Thirteen years later she was again put on trial before the itinerant justices. This brings us to the second trial of witches at Chelmsford in 1579. Mistress Francis's examination elicited less than in the first trial. She had cursed a woman "and badde a mischief to light uppon her." The woman, she understood, was grievously pained. She followed the course that she had taken before and began to accuse others. We know very little as to the outcome. At least one of the women accused went free because "manslaughter or murder was not objected against her."[8] Three women, however, were condemned and executed. One of them was almost certainly Elleine Smith, daughter of a woman hanged as a witch,—another illustration of the persistence of suspicion against the members of a family.

The Chelmsford affair of 1579[9] was not unlike that of 1566. There were the same tales of spirits that assumed animal forms. The young son of Elleine Smith declared that his mother kept three spirits, Great Dick in a wicker bottle, Little Dick in a leathern bottle, and Willet in a wool-pack. Goodwife Webb saw "a thyng like a black Dogge goe out of her doore." But the general character of the testimony in the second trial bore no relation to that in the first. There was no agreement of the different witnesses. The evidence was haphazard. The witch and another woman had a falling out—fallings out were very common. Next day the woman was taken ill. This was the sort of unimpeachable testimony that was to be accepted for a century yet. In the affair of 1566 the judges had made some attempt at quizzing the witnesses, but in 1579 all testimony was seemingly rated at par.[10] In both instances the proof rested mainly upon confession. Every woman executed had made confessions of guilt. This of course was deemed sufficient. Nevertheless the courts were beginning to introduce other methods of proving the accused guilty. The marks on Agnes Waterhouse had been uncovered at the request of the attorney-general; and at her execution she had been questioned about her ability to say the Lord's Prayer and other parts of the service. Neither of these matters was emphasized, but the mention of them proves that notions were already current that were later to have great vogue.

The Chelmsford cases find their greatest significance, however, not as illustrations of the use and abuse of evidence, but because they exemplify the continuity of the witch movement. That continuity finds further illustration in the fact that there was a third alarm at Chelmsford in 1589, which resulted in three more executions. But in this case the women involved seem, so far as we know, to have had no connection with the earlier cases. The fate of Elizabeth Francis and that of Elleine Smith are more instructive as proof of the long-standing nature of a community suspicion. Elleine could not escape her mother's reputation nor Elizabeth her own.

Both these women seem to have been of low character at any rate. Elizabeth had admitted illicit amours, and Elleine may very well have been guilty on the same count.[11] All of the women involved in the two trials were in circumstances of wretched poverty; most, if not all, of them were dependent upon begging and the poor relief for support.[12]

It is easy to imagine the excitement in Essex that these trials must have produced. The accused had represented a wide territory in the county. The women had been fetched to Chelmsford from towns as far apart as Hatfield-Peverel and Maldon. It is not remarkable that three years later than the affair of 1579 there should have been another outbreak in the county, this time in a more aggravated form. St. Oses, or St. Osyth's, to the northeast of Chelmsford, was to be the scene of the most remarkable affair of its kind in Elizabethan times. The alarm began with the formulation of charges against a woman of the community. Ursley Kemp was a poor woman of doubtful reputation. She rendered miscellaneous services to her neighbors. She acted as midwife, nursed children, and added to her income by "unwitching" the diseased. Like other women of the sort, she was looked upon with suspicion. Hence, when she had been refused the nursing of the child of Grace Thurlow, a servant of that Mr. Darcy who was later to try her, and when the child soon afterward fell out of its cradle and broke its neck, the mother suspected Ursley of witchcraft. Nevertheless she did not refuse her help when she "began to have a lameness in her bones." Ursley promised to unwitch her and seemingly kept her word, for the lameness disappeared. Then it was that the nurse-woman asked for the twelve-pence she had been promised and was refused. Grace pleaded that she was a "poore and needie woman." Ursley became angry and threatened to be even with her. The lameness reappeared and Grace Thurlow was thoroughly convinced that Ursley was to blame. When the case was carried before the justices of the peace, the accused woman denied that she was guilty of anything more than unwitching the afflicted. That she had learned, she said, ten or more years ago from a woman now deceased. She was committed to the assizes, and Justice Brian Darcy, whose servant Grace Thurlow had started the trouble, took the case in hand. He examined her eight-year-old "base son," who gave damning evidence against his mother. She fed four imps, Tyffin, Tittey, Piggen, and Jacket. The boy's testimony and the judge's promise that if she would confess the truth she "would have favour," seemed to break down the woman's resolution. "Bursting out with weeping she fell upon her knees and confessed that she had four spirits." Two of them she had used for laming, two for killing. Not only the details of her son's evidence, but all the earlier charges, she confirmed step by step, first in private confessions to the judge and then publicly at the court sessions. The woman's stories tallied with those of all her accusers[13] and displayed no little play of imagination in the orientation of details.[14] Not content with thus entangling herself in a fearful web of crime, she went on to point out other women guilty of similar witchcrafts. Four of those whom she named were haled before the justice. Elizabeth Bennett, who spun wool for a cloth-maker, was one of those most vehemently accused, but she denied knowledge of any kind of witchcraft. It had been charged against her that she kept some wool hidden in a pot under some stones in her house. She denied at first the possession of this potent and malignant charm; but, influenced by the gentle urgings of Justice Darcy,[15] she gave way, as Ursley Kemp had done, and, breaking all restraint, poured forth wild stories of devilish crimes committed through the assistance of her imps.

But why should we trace out the confessions, charges, and counter-charges that followed? The stories that were poured forth continued to involve a widening group until sixteen persons were under accusation of the most awful crimes, committed by demoniacal agency. As at Chelmsford, they were the dregs of the lower classes, women with illegitimate children, some of them dependent upon public support. It will be seen that in some respects the panic bore a likeness to those that had preceded. The spirits, which took extraordinary and bizarre forms, were the offspring of the same perverted imaginations, but they had assumed new shapes. Ursley Kemp kept a white lamb, a little gray cat, a black cat, and a black toad. There were spirits of every sort, "two little thyngs like horses, one white, the other black'"; six "spirits like cowes ... as big as rattles"; spirits masquerading as blackbirds. One spirit strangely enough remained invisible. It will be observed by the reader that the spirits almost fitted into a color scheme. Very vivid colors were those preferred in their spirits by these St. Oses women. The reader can see, too, that the confessions showed the influence of the great cat tradition.

We have seen the readiness with which the deluded women made confession. Some of the confessions were poured forth as from souls long surcharged with guilt. But not all of them came in this way. Margerie Sammon, who had testified against one of her neighbors, was finally herself caught in the web of accusation in which a sister had also been involved. She was accused by her sister. "I defie thee," she answered, "though thou art my sister." But her sister drew her aside and "whyspered her in the eare," after which, with "great submission and many teares," she made a voluble confession. One wonders about that whispered consultation. Had her sister perhaps suggested that the justice was offering mercy to those who confessed? For Justice Darcy was very liberal with his promises of mercy and absolutely unscrupulous about breaking them.[16] It is gratifying to be able to record that there was yet a remnant left who confessed nothing at all and stood stubborn to the last. One of them was Margaret Grevel, who denied the accusations against her. She "saith that shee herselfe hath lost severall bruings and bakings of bread, and also swine, but she never did complaine thereof: saying that shee wished her gere were at a stay and then shee cared not whether shee were hanged or burnt or what did become of her." Annis Herd was another who stuck to her innocence. She could recall various incidents mentioned by her accusers; it was true that she had talked to Andrew West about getting a pig, it was true that she had seen Mr. Harrison at his parsonage gathering plums and had asked for some and been refused. But she denied that she had any imps or that she had killed any one.

The use of evidence in this trial would lead one to suppose that in England no rules of evidence were yet in existence. The testimony of children ranging in age from six to nine was eagerly received. No objection indeed was made to the testimony of a neighbor who professed to have overheard what he deemed an incriminating statement. As a matter of fact the remark, if made, was harmless enough.[17] Expert evidence was introduced in a roundabout way by the statement offered in court that a physician had suspected that a certain case was witchcraft. Nothing was excluded. The garrulous women had been give free rein to pile up their silly accusations against one another. Not until the trial was nearing its end does it seem to have occurred to Brian Darcy to warn a woman against making false charges.

It will be recalled that in the Chelmsford trials Mother Waterhouse had been found to have upon her certain marks, yet little emphasis had been laid upon them. In the trials of 1582 the proof drawn from these marks was deemed of the first importance and the judge appointed juries of women to make examination. No artist has yet dared to paint the picture of the gloating female inquisitors grouped around their naked and trembling victim, a scene that was to be enacted in many a witch trial. And it is well, for the scene would be too repellent and brutal for reproduction. In the use of these specially instituted juries there was no care to get unbiassed decisions. One of the inquisitors appointed to examine Cystley Celles had already served as witness against her.

It is hard to refrain from an indictment of the hopelessly prejudiced justice who gathered the evidence.[18] To entrap the defendants seems to have been his end. In the account which he wrote[19] he seems to have feared lest the public should fail to understand how his cleverness ministered to the conviction of the women.[20]

"There is a man," he wrote, "of great cunning and knowledge come over lately unto our Queenes Maiestie, which hath advertised her what a companie and number 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." No doubt he hoped to attract royal notice and win favor by his zeal.

The Chelmsford affairs and that at St. Oses were the three remarkable trials of their kind in the first part of Elizabeth's reign. They furnish some evidence of the progress of superstition. The procedure in 1582 reveals considerable advance over that of 1566. The theory of diabolic agency had been elaborated. The testimony offered was gaining in complexity and in variety. New proofs of guilt were being introduced as well as new methods of testing the matter. In the second part of Elizabeth's reign we have but one trial of unusual interest, that at Warboys in Huntingdonshire. This, we shall see, continued the elaboration of the witch procedure. It was a case that attracted probably more notice at the time than any other in the sixteenth century. The accidental fancy of a child and the pronouncement of a baffled physician were in this instance the originating causes of the trouble. One of the children of Sir Robert Throckmorton, head of a prominent family in Huntingdonshire, was taken ill. It so happened that a neighbor, by name Alice Samuel, called at the house and the ailing and nervous child took the notion that the woman was a witch and cried out against her. "Did you ever see, sayd the child, one more like a witch then she is; take off her blacke thrumbd cap, for I cannot abide to looke on her." Her parents apparently thought nothing of this at the time. When Dr. Barrow, an eminent physician of Cambridge, having treated the child for two of the diseases of children, and without success, asked the mother and father if any witchcraft were suspected, he was answered in the negative. The Throckmortons were by no means quick to harbor a suspicion. But when two and then three other children in the family fell ill and began in the same way to designate Mother Samuel as a witch, the parents were more willing to heed the hint thrown out by the physician. The suspected woman was forcibly brought by Gilbert Pickering, an uncle of the children, into their presence. The children at once fell upon the ground "strangely tormented," and insisted upon scratching Mother Samuel's hand. Meantime Lady Cromwell[21] visited at the Throckmorton house, and, after an interview with Alice Samuel, suffered in her dreams from her till at length she fell ill and died, something over a year later. This confirmed what had been suspicion. To detail all the steps taken to prove Mother Samuel guilty is unnecessary. A degree of caution was used which was remarkable. Henry Pickering, a relative, and some of his fellow scholars at Cambridge made an investigation into the case, but decided with the others that the woman was guilty. Mother Samuel herself laid the whole trouble to the children's "wantonness." Again and again she was urged by the children to confess. "Such were the heavenly and divine speeches of the children in their fits to this old woman ... as that if a man had heard it he would not have thought himself better edified at ten sermons." The parents pleaded with her to admit her responsibility for the constantly recurring sickness of their children, but she denied bitterly that she was to blame. She was compelled to live at the Throckmorton house and to be a witness constantly to the strange behavior of the children. The poor creature was dragged back and forth, watched and experimented upon in a dozen ways, until it is little wonder that she grew ill and spent her nights in groaning. She was implored to confess and told that all might yet be well. For a long time she persisted in her denial, but at length in a moment of weakness, when the children had come out of their fits at her chance exhortation to them, she became convinced that she was guilty and exclaimed, "O sir, I have been the cause of all this trouble to your children." The woman, who up to this time had shown some spirit, had broken down. She now confessed that she had given her soul to the Devil. A clergyman was hastily sent for, who preached a sermon of repentance, upon which the distracted woman made a public confession. But on the next day, after she had been refreshed by sleep and had been in her own home again, she denied her confession. The constable now prepared to take the woman as well as her daughter to the Bishop of Lincoln, and the frightened creature again made a confession. In the presence of the bishop she reiterated her story in detail and gave the names of her spirits. She was put in gaol at Huntingdon and with her were imprisoned her daughter Agnes and her husband John Samuel, who were now accused by the Throckmorton children, and all three were tried at the assizes in Huntingdon before Judge Fenner. The facts already narrated were given in evidence, the seizures of the children at the appearance of any of the Samuel family[22], the certainty with which the children could with closed eyes pick Mother Samuel out of a crowd and scratch her, the confessions of the crazed creature, all these evidences were given to the court. But the strongest proof was that given in the presence of the court. The daughter Agnes Samuel was charged to repeat, "As I am a witch and consenting to the death of Lady Cromwell, I charge thee, come out of her."[23] At this charge the children would at once recover from their fits. But a charge phrased negatively, "As I am no witch," was ineffectual. And the affirmative charge, when tried by some other person, had no result. This was deemed conclusive proof. The woman was beyond doubt guilty. The same method was applied with equally successful issue to the father. When he refused to use the words of the charge he was warned by the judge that he would endanger his life. He gave way.

It is needless to say that the grand jury arraigned all three of the family and that the "jury of life and death" found them guilty. It needed but a five hours' trial.[24] The mother was induced to plead pregnancy as a delay to execution, but after an examination by a jury was adjudged not pregnant. The daughter had been urged to make the same defence, but spiritedly replied, "It shall never be said that I was both a witch and a whore." At the execution the mother made another confession, in which she implicated her husband, but refused to the end to accuse her daughter.