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قراءة كتاب A History of Witchcraft in England from 1558 to 1718

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A History of Witchcraft in England from 1558 to 1718

A History of Witchcraft in England from 1558 to 1718

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دار النشر: Project Gutenberg
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with the young king. The first move was made by arresting a Roger Bolingbroke who had been connected with the duke and the duchess, and who was said to be an astronomer or necromancer. It was declared that he had cast the duchess's horoscope with a view to ascertaining her chances to the throne. Bolingbroke made confession, and Eleanor was then brought before "certayne bisshoppis of the kyngis." In the mean time several lords, members of the privy council, were authorized to "enquire of al maner tresons, sorcery, and alle othir thyngis that myghte in eny wise ... concerne harmfulli the kyngis persone."[10] Bolingbroke and a clergyman, Thomas Southwell, were indicted of treason with the duchess as accessory. With them was accused that Margery Jourdemain who had been released ten years before. Eleanor was then reexamined before the Bishops of London, Lincoln, and Norwich, she was condemned as guilty, and required to walk barefoot through the streets of London, which she "dede righte mekely." The rest of her life she spent in a northern prison. Bolingbroke was executed as a traitor, and Margery Jourdemain was burnt at Smithfield.[11]

The case of the Duchess of Bedford—another instance of the connection between sorcery and political intrigue—fell naturally into the hands of the council. It was believed by those who could understand in no other way the king's infatuation that he had been bewitched by the mother of the queen. The story was whispered from ear to ear until the duchess got wind of it and complained to the council against her maligners. The council declared her cleared of suspicion and ordered that the decision should be "enacted of record."[12]

The charge of sorcery brought by the protector Richard of Gloucester against Jane Shore, who had been the mistress of Edward IV, never came to trial and in consequence illustrates neither ecclesiastical nor conciliar jurisdiction. It is worthy of note however that the accusation was preferred by the protector—who was soon to be Richard III—in the council chamber.[13]

It will be seen that these cases prove very little as to procedure in the matter of sorcery and witchcraft. They are cases that arose in a disturbed period and that concerned chiefly people of note. That they were tried before the bishops or before the privy council does not mean that all such charges were brought into those courts. There must have been less important cases that were never brought before the council or the great ecclesiastical courts. It seems probable—to reason backward from later practice—that less important trials were conducted almost exclusively by the minor church courts.[14]

This would at first lead us to suspect that, when the state finally began to legislate against witchcraft by statute, it was endeavoring to wrest jurisdiction of the crime out of the hands of the church and to put it into secular hands. Such a supposition, however, there is nothing to justify. It seems probable, on the contrary, that the statute enacted in the reign of Henry VIII was passed rather to support the church in its struggle against sorcery and witchcraft than to limit its jurisdiction in the matter. It was to assist in checking these practitioners that the state stepped in. At another point in this chapter we shall have occasion to note the great interest in sorcery and all kindred subjects that was springing up over England, and we shall at times observe some of the manifestations of this interest as well as some of the causes for it. Here it is necessary only to urge the importance of this interest as accounting for the passage of a statute.[15]

Chapter VIII of 33 Henry VIII states its purpose clearly: "Where," reads the preamble, "dyvers and sundrie persones unlawfully have devised and practised Invocacions and conjuracions of Sprites, pretendyng by suche meanes to understande and get Knowlege for their owne lucre in what place treasure of golde and Silver shulde or mought be founde or had ... and also have used and occupied wichecraftes, inchauntmentes and sorceries to the distruccion of their neighbours persones and goodes." A description was given of the methods practised, and it was enacted that the use of any invocation or conjuration of spirits, witchcrafts, enchantments, or sorceries should be considered felony.[16] It will be observed that the law made no graduation of offences. Everything was listed as felony. No later piece of legislation on the subject was so sweeping in its severity.

The law remained on the statute-book only six years. In the early part of the reign of Edward VI, when the protector Somerset was in power, a policy of great leniency in respect to felonies was proposed. In December of 1547 a bill was introduced into Parliament to repeal certain statutes for treason and felony. "This bill being a matter of great concern to every subject, a committee was appointed, consisting of the Archbishop of Canterbury, the lord chancellor, the lord chamberlain, the Marquis of Dorset, the Earls of Shrewsbury and Southampton, the Bishops of Ely, Lincoln, and Worcester, the Lords Cobham, Clinton, and Wentworth, with certain of the king's learned council; all which noblemen were appointed to meet a committee of the Commons ... in order to treat and commune on the purport of the said bill."[17] The Commons, it seems, had already prepared a bill of their own, but this they were willing to drop and the Lords' measure with some amendments was finally passed. It was under this wide repeal of felonies that chapter VIII of 33 Henry VIII was finally annulled. Whether the question of witchcraft came up for special consideration or not, we are not informed. We do know that the Bishops of London, Durham, Ely, Hereford, and Chichester, took exception to some amendments that were inserted in the act of repeal,[18] and it is not impossible that they were opposed to repealing the act against witchcraft. Certainly there is no reason to suppose that the church was resisting the encroachment of the state in the subject.

As a matter of fact it is probable that, in the general question of repeal of felonies, the question of witch

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