Witchcraft Act
Encyclopedia
In England, Scotland, Wales, and Ireland a succession of Witchcraft Acts have governed witchcraft
and provided penalties for its practice, or (in later years) for pretending to practise it.
Act of 1542 (33 Hen. VIII c. 8) was the first to define witchcraft as a felony, a crime punishable by death and the forfeiture of the convicted felon's goods and chattels. It was forbidden to:
The Act also removed a right known as benefit of clergy
from those convicted of witchcraft, a legal loophole that spared anyone from hanging who was able to read a passage from the Bible. This statute
was repealed by Henry's son, Edward VI
, in 1547.
. It was in some respects more merciful towards those found guilty of witchcraft than its predecessor, demanding the death penalty only where harm had been caused; lesser offences were punishable by a term of imprisonment. The Act provided that anyone who should "use, practise, or exercise any Witchcraft, Enchantment, Charm, or Sorcery, whereby any person shall happen to be killed or destroyed", was guilty of a felony without benefit of clergy
, and was to be put to death.
This act stayed on Scottish statute books until repealed as a result of a House of Lords amendment to the bill for the post-union
Witchcraft Act 1735
s. The Act's full title was An Act against Conjuration, Witchcraft and dealing with evil and wicked spirits, (2 Ja. I c. 12). It was this statute that was enforced by Matthew Hopkins
, the self-styled Witch-Finder General.
The Acts of Elizabeth and James changed the law of witchcraft by making it a felony, thus removing the accused from the jurisdiction of the ecclesiastical courts to the courts of common law
. This provided, at least, that the accused witches theoretically enjoyed the benefits of ordinary criminal procedure. Burning at the stake was eliminated except in cases of witchcraft that were also petty treason
; most convicted were hanged instead. Any witch who had committed a minor witchcraft offence (punishable by one year in prison) and was accused and found guilty a second time was sentenced to death.
and a con artist, subject to fines and imprisonment. The Act applied to the whole of Great Britain, repealing both the 1563 Scottish Act and the 1604 English one.
In 1944, Helen Duncan
was jailed under the Witchcraft Act on the grounds that she had claimed to summon spirits. It is often contended, by her followers, that her imprisonment was in fact at the behest of superstitious military intelligence officers who feared she would reveal the secret plans for D-Day
. She came to the attention of the authorities after supposedly contacting the spirit of a sailor of the HMS Barham, whose sinking was hidden from the general public at the time. After being caught in the act of faking a spiritual manifestation, she was arrested during a seance and indicted with seven punishable counts: two of conspiracy to contravene the Witchcraft Act, two of obtaining money by false pretences, and three of public mischief (a common law offence). She spent nine months in prison.
Although Duncan has been frequently described as the last person to be convicted under the Act, in fact, Jane Rebecca Yorke
was convicted under the Act later that same year. The last threatened use of the Act against a medium was in 1950. In 1951 the Witchcraft Act was repealed with the enactment of the Fraudulent Mediums Act 1951
, largely at the instigation of Spiritualists through the agency of Thomas Brooks
MP.
It is widely suggested that astrology may have been covered by the Witchcraft Act. From the 1930s onwards many tabloid newspapers and magazines carried astrology columns, but none were ever prosecuted.
The Witchcraft Act remained legally in force in Northern Ireland, although it was never actually applied.
The Act is still in force in Israel
, having been introduced into the legal system of the British Mandate over Palestine
and with Israel having gained independence before the law was repealed in Britain in 1951. Article 417 of the Israeli Penal code of 1977, incorporating much legislation inherited from British and Ottoman times, sets two years' imprisonment as the punishment for "witchcraft, fortune telling, or magic for pay".
Witchcraft
Witchcraft, in historical, anthropological, religious, and mythological contexts, is the alleged use of supernatural or magical powers. A witch is a practitioner of witchcraft...
and provided penalties for its practice, or (in later years) for pretending to practise it.
Witchcraft Act 1542
Religious tensions in England during the 16th century resulted in the introduction of serious penalties for witchcraft. Henry VIII'sHenry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
Act of 1542 (33 Hen. VIII c. 8) was the first to define witchcraft as a felony, a crime punishable by death and the forfeiture of the convicted felon's goods and chattels. It was forbidden to:
The Act also removed a right known as benefit of clergy
Benefit of clergy
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law...
from those convicted of witchcraft, a legal loophole that spared anyone from hanging who was able to read a passage from the Bible. This statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
was repealed by Henry's son, Edward VI
Edward VI of England
Edward VI was the King of England and Ireland from 28 January 1547 until his death. He was crowned on 20 February at the age of nine. The son of Henry VIII and Jane Seymour, Edward was the third monarch of the Tudor dynasty and England's first monarch who was raised as a Protestant...
, in 1547.
Witchcraft Act 1562
An Act Against Conjurations, Enchantments and Witchcrafts (5 Eliz. I c. 16) was passed early in the reign of Elizabeth IElizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
. It was in some respects more merciful towards those found guilty of witchcraft than its predecessor, demanding the death penalty only where harm had been caused; lesser offences were punishable by a term of imprisonment. The Act provided that anyone who should "use, practise, or exercise any Witchcraft, Enchantment, Charm, or Sorcery, whereby any person shall happen to be killed or destroyed", was guilty of a felony without benefit of clergy
Benefit of clergy
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law...
, and was to be put to death.
Scottish Witchcraft Act 1563
Under the Scottish Witchcraft Act 1563 both the practice of witchcraft and consulting with witches were a capital offences.This act stayed on Scottish statute books until repealed as a result of a House of Lords amendment to the bill for the post-union
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
Witchcraft Act 1735
Witchcraft Act 1604
In 1604, the year following James' accession to the English throne, the Elizabethan Act was broadened to bring the penalty of death without benefit of clergy to any one who invoked evil spirits or communed with familiar spiritFamiliar spirit
In European folklore and folk-belief of the Medieval and Early Modern periods, familiar spirits were supernatural entities believed to assist witches and cunning folk in their practice of magic...
s. The Act's full title was An Act against Conjuration, Witchcraft and dealing with evil and wicked spirits, (2 Ja. I c. 12). It was this statute that was enforced by Matthew Hopkins
Matthew Hopkins
Matthew Hopkins was an English witchhunter whose career flourished during the time of the English Civil War. He claimed to hold the office of Witchfinder General, although that title was never bestowed by Parliament...
, the self-styled Witch-Finder General.
The Acts of Elizabeth and James changed the law of witchcraft by making it a felony, thus removing the accused from the jurisdiction of the ecclesiastical courts to the courts of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. This provided, at least, that the accused witches theoretically enjoyed the benefits of ordinary criminal procedure. Burning at the stake was eliminated except in cases of witchcraft that were also petty treason
Petty treason
Petty treason or petit treason was an offence under the common law of England which involved the betrayal of a superior by a subordinate. It differed from the better-known high treason in that high treason can only be committed against the Sovereign...
; most convicted were hanged instead. Any witch who had committed a minor witchcraft offence (punishable by one year in prison) and was accused and found guilty a second time was sentenced to death.
Witchcraft Act 1735
The Witchcraft Act of 1735 (9 Geo. 2 c. 5) marked a complete reversal in attitudes. Penalties for the practice of witchcraft as traditionally constituted, which by that time was considered by many influential figures to be an impossible crime, were replaced by penalties for the pretence of witchcraft. A person who claimed to have the power to call up spirits, or foretell the future, or cast spells, or discover the whereabouts of stolen goods, was to be punished as a vagrantVagrancy (people)
A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In...
and a con artist, subject to fines and imprisonment. The Act applied to the whole of Great Britain, repealing both the 1563 Scottish Act and the 1604 English one.
In 1944, Helen Duncan
Helen Duncan
Helen Duncan was a Scottish medium best known as the last person to be imprisoned under the British Witchcraft Act of 1735.-Early life:...
was jailed under the Witchcraft Act on the grounds that she had claimed to summon spirits. It is often contended, by her followers, that her imprisonment was in fact at the behest of superstitious military intelligence officers who feared she would reveal the secret plans for D-Day
D-Day
D-Day is a term often used in military parlance to denote the day on which a combat attack or operation is to be initiated. "D-Day" often represents a variable, designating the day upon which some significant event will occur or has occurred; see Military designation of days and hours for similar...
. She came to the attention of the authorities after supposedly contacting the spirit of a sailor of the HMS Barham, whose sinking was hidden from the general public at the time. After being caught in the act of faking a spiritual manifestation, she was arrested during a seance and indicted with seven punishable counts: two of conspiracy to contravene the Witchcraft Act, two of obtaining money by false pretences, and three of public mischief (a common law offence). She spent nine months in prison.
Although Duncan has been frequently described as the last person to be convicted under the Act, in fact, Jane Rebecca Yorke
Jane Rebecca Yorke
Jane Rebecca Yorke was an English medium who was the last person convicted under the Witchcraft Act of 1735.Yorke worked as a medium for many years from Forest Gate, east London. She was prosecuted by police in 1944 because of claims she was defrauding the public by exploiting wartime fears...
was convicted under the Act later that same year. The last threatened use of the Act against a medium was in 1950. In 1951 the Witchcraft Act was repealed with the enactment of the Fraudulent Mediums Act 1951
Fraudulent Mediums Act 1951
The Fraudulent Mediums Act 1951 was a law in England and Wales which prohibited a person from claiming to be a psychic, medium, or other spiritualist while attempting to deceive and to make money from the deception . It was repealed on 26 May 2008...
, largely at the instigation of Spiritualists through the agency of Thomas Brooks
Thomas Brooks
Thomas Judson Brooks, MBE, JP was a British coal miner and politician who became a Labour Party Member of Parliament. A spiritualist, his main achievement was to lead the successful campaign to repeal the Witchcraft Act 1735.-Working life:Brooks was born on Eastfield Farm at Thurgoland near...
MP.
It is widely suggested that astrology may have been covered by the Witchcraft Act. From the 1930s onwards many tabloid newspapers and magazines carried astrology columns, but none were ever prosecuted.
The Witchcraft Act remained legally in force in Northern Ireland, although it was never actually applied.
The Act is still in force in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, having been introduced into the legal system of the British Mandate over Palestine
Palestine
Palestine is a conventional name, among others, used to describe the geographic region between the Mediterranean Sea and the Jordan River, and various adjoining lands....
and with Israel having gained independence before the law was repealed in Britain in 1951. Article 417 of the Israeli Penal code of 1977, incorporating much legislation inherited from British and Ottoman times, sets two years' imprisonment as the punishment for "witchcraft, fortune telling, or magic for pay".