Witchcraft Act 1735

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Witchcraft Act 1735 [1]
Coat of Arms of Great Britain (1714-1801).svg
Long title An Act to repeal the statute made in the first year of the reign of King James the First, intitutled, An Act against conjuration, witchcraft, and dealing with evil and wicked spirits, except so much thereof as repeals an Act of the fifth year of the reign of Queen Elizabeth, Against conjurations, inchantments and witchcrafts, and to repeal, an Act passed in the parliament of Scotland in the ninth parliament of Queen Mary, intituled, Anentis witchcrafts, and for punishing such persons as pretend to exercise or use any kind of witchcraft, sorcery, inchantment, or conjuration.
Citation 9 Geo. 2. c. 5
Introduced by
Territorial extent Great Britain
Dates
Royal assent 24 March 1736
Commencement 24 June 1736 (1736-06-24)
Repealed22 June 1951 (1951-06-22)
Other legislation
Repealed by Fraudulent Mediums Act 1951
Relates to Vagrancy Act 1824 s. 4
Status: Repealed
Text of statute as originally enacted

The Witchcraft Act 1735 (9 Geo. 2. c. 5) was an Act of the Parliament of the Kingdom of Great Britain in 1735 which made it a crime for a person to claim that any human being had magical powers or was guilty of practising witchcraft. With this, the law abolished the hunting and executions of witches in Great Britain. The maximum penalty set out by the Act was a year's imprisonment.

Contents

It thus marks the end point of the witch trials in the Early Modern period for Great Britain and the beginning of the "modern legal history of witchcraft", repealing the earlier Witchcraft Acts which were originally based in an intolerance toward practitioners of magic but became mired in contested Christian doctrine and superstitious witch-phobia. [2] Instead of assuming as the earlier laws did that witches were real and had real magical power derived from pacts with Satan, the new law assumed that there were no real witches, no one had real magic power and those claiming such powers were cheaters extorting money from gullible people.

The law was a reversion to the view of the primitive and the medieval Church, expressed from at least the 8th century, at the Council of Paderborn, but contested by witch-phobic Dominican Inquisitors beginning in the mid 15th century, with some success in forwarding a new doctrine among the popes, as seen in the papal bull Summis desiderantes affectibus (1484), but with far less success among the bishops. Thus the Act of 1735 reflected the general trend in Europe, where after a peak around 1600, and a series of outbursts in the late 17th century, witch-trials quickly subsided after 1700. The last person executed for witchcraft in Great Britain was Janet Horne in 1727.

History

Lord Chief Justice of England Sir John Holt by Richard van Bleeck, c. 1700. Holt greatly influenced the end of prosecutions for witchcraft in England. National Portrait Gallery, London. Sir John Holt by Richard Van Bleeck.jpg
Lord Chief Justice of England Sir John Holt by Richard van Bleeck, c. 1700. Holt greatly influenced the end of prosecutions for witchcraft in England. National Portrait Gallery, London.
A portrait of James Erskine by William Aikman, painted in 1720. Erskine was the only Member of Parliament to voice significant opposition to the Act. James Erskine.jpg
A portrait of James Erskine by William Aikman, painted in 1720. Erskine was the only Member of Parliament to voice significant opposition to the Act.

Initially presented to the House of Commons on 27 January 1735/6 by John Conduitt, Sir John Crosse and George Heathcote, the Act received royal assent on 24 March and came into effect on 24 June. [4] In the words of Davies (1999), the new law meant that witchcraft was "no longer to be considered a criminal act, but rather an offence against the country's newly enlightened state". [4] Up until 1772, it was illegal for the newspapers to report on parliamentary debates, meaning that there is a lack of archival material on the parliamentary debate on the implementation of the Act. [4] According to Davies, it appears that the Act "generated only a modicum of debate" within Parliament, with several amendments being suggested in both the House of Commons and the House of Lords. [4]

The only figure to offer significant opposition to the Act was James Erskine, Lord Grange. Erskine not only fervently believed in the existence of witchcraft, but, it has been argued, also held beliefs that were deeply rooted in "Scottish political and religious considerations" and which caused him to reject the Act. [5] His objection to the Act "marked him out as an eccentric verging on the insane" among Members of Parliament, and in turn his political opponents would use it against him; one of his staunchest critics, Robert Walpole, who was then the de facto prime minister of the country, allegedly stated that he no longer considered Erskine to be a serious political threat as a result of his embarrassing opposition to the Act. [4]

The Witchcraft Act 1735 was frequently invoked in the early years of the 19th century in an attempt by the political elite to root out "ignorance, superstition, criminality and insurrection" among the general populace, and even more so under the Vagrancy Act 1824, one purpose of which was to reinforce the 1735 Act. [6]

Modern history

In September 1943, Helen Duncan was jailed under the Witchcraft Act 1735 on the grounds that she had claimed to summon spirits. Her followers often contend that her imprisonment was in fact at the behest of superstitious military intelligence officers, who feared that 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 HMS Barham, whose sinking was hidden from the general public at the time. After being caught faking a spiritual manifestation, she was arrested during a seance and indicted with seven punishable counts: two of conspiracy to contravene the Witchcraft Act 1735, two of obtaining money by false pretences, and three of public mischief (a common law offence). She spent nine months in prison. Duncan has been frequently described as the last person to be convicted under the Act.

Another candidate for the last person convicted under the Act was Jane Rebecca Yorke of Forest Gate in east London. On 26 September 1944 at the Central Criminal Court, Yorke was convicted on seven counts of "pretending...to cause the spirits of deceased persons to be present" and bound over. [7] [8]

The last threatened use of the Act against a medium was in 1950.[ citation needed ]

In 1951, the Witchcraft Act 1735 was repealed with the enactment of the Fraudulent Mediums Act 1951, largely at the instigation of Spiritualists through the agency of Thomas Brooks MP. [9]

The South African Witchcraft Suppression Act, 1957, which is still in force, was based on similar 19th-century laws in the Cape Colony which were themselves based on the Witchcraft Act 1735. [10]

Related Research Articles

Witchcraft, as most commonly understood in both historical and present-day communities, is the use of alleged supernatural powers of magic. A witch is a practitioner of witchcraft. Traditionally, "witchcraft" means the use of magic or supernatural powers to inflict harm or misfortune on others, and this remains the most common and widespread meaning. According to Encyclopedia Britannica, "Witchcraft thus defined exists more in the imagination of contemporaries than in any objective reality. Yet this stereotype has a long history and has constituted for many cultures a viable explanation of evil in the world." The belief in witchcraft has been found in a great number of societies worldwide. Anthropologists have applied the English term "witchcraft" to similar beliefs in occult practices in many different cultures, and societies that have adopted the English language have often internalised the term.

<span class="mw-page-title-main">Witch-hunt</span> Search for witchcraft or subversive activity

A witch-hunt, or a witch purge, is a search for people who have been labeled witches or a search for evidence of witchcraft. Practicing evil spells or incantations was proscribed and punishable in early human civilizations in the Middle East. In medieval Europe, witch-hunts often arose in connection to charges of heresy from Christianity. An intensive period of witch-hunts occurring in Early Modern Europe and to a smaller extent Colonial America, took place about 1450 to 1750, spanning the upheavals of the Counter Reformation and the Thirty Years' War, resulting in an estimated 35,000 to 50,000 executions. The last executions of people convicted as witches in Europe took place in the 18th century. In other regions, like Africa and Asia, contemporary witch-hunts have been reported from sub-Saharan Africa and Papua New Guinea, and official legislation against witchcraft is still found in Saudi Arabia and Cameroon today.

The Witchcraft Acts were historically a succession of governing laws in England, Scotland, Wales, Ireland, and the British colonies on penalties for the practice, or—in later years—rather for pretending to practise witchcraft.

<span class="mw-page-title-main">Familiar</span> Spiritual entity in European folklore

In European folklore of the medieval and early modern periods, familiars were believed to be supernatural entities or spiritual guardians that would protect or assist witches and cunning folk in their practice of magic. According to records of the time, those alleging to have had contact with familiar spirits reported that they could manifest as numerous forms, usually as an animal, but sometimes as a human or humanoid figure, and were described as "clearly defined, three-dimensional... forms, vivid with colour and animated with movement and sound", as opposed to descriptions of ghosts with their "smoky, undefined form[s]".

<span class="mw-page-title-main">Cunning folk in Britain</span> Practitioners of folk magic

The cunning folk were professional or semi-professional practitioners of magic in Europe from the medieval period through the early 20th century. In Britain they were known by a variety of names in different regions of the country, including wise men and wise women, pellars, wizards, dyn hysbys, and sometimes white witches.

<span class="mw-page-title-main">James Erskine, Lord Grange</span>

James Erskine, Lord Grange was a Scottish advocate, judge and politician. He served as Lord Justice Clerk and a Lord of Justiciary.

<span class="mw-page-title-main">John Holt (Lord Chief Justice)</span> Lord Chief Justice of England 1689-1710

Sir John Holt was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in English law.

<span class="mw-page-title-main">European witchcraft</span> Belief in witchcraft in Europe

European witchcraft is a multifaceted historical and cultural phenomenon that unfolded over centuries, leaving a mark on the continent's social, religious, and legal landscapes. The roots of European witchcraft trace back to classical antiquity when concepts of magic and religion were closely related, and society closely integrated magic and supernatural beliefs. Ancient Rome, then a pagan society, had laws against harmful magic. In the Middle Ages, accusations of heresy and devil worship grew more prevalent. By the early modern period, major witch hunts began to take place, partly fueled by religious tensions, societal anxieties, and economic upheaval. Witches were often viewed as dangerous sorceresses or sorcerers in a pact with the Devil, capable of causing harm through black magic. A feminist interpretation of the witch trials is that misogynist views of women led to the association of women and malevolent witchcraft.

Jane Rebecca Yorke was an English medium who was the last person convicted under the Witchcraft Act 1735.

In the early modern period, from about 1400 to 1775, about 100,000 people were prosecuted for witchcraft in Europe and British America. Between 40,000 and 60,000 were executed. The witch-hunts were particularly severe in parts of the Holy Roman Empire. Prosecutions for witchcraft reached a high point from 1560 to 1630, during the Counter-Reformation and the European wars of religion. Among the lower classes, accusations of witchcraft were usually made by neighbors, and women made formal accusations as much as men did. Magical healers or 'cunning folk' were sometimes prosecuted for witchcraft, but seem to have made up a minority of the accused. Roughly 80% of those convicted were women, most of them over the age of 40. In some regions, convicted witches were burnt at the stake.

<span class="mw-page-title-main">Cunning folk</span> Practitioner of folk magic in Europe

Cunning folk, also known as folk healers or wise folk, were practitioners of folk medicine, helpful folk magic and divination in Europe from the Middle Ages until the 20th century. Their practices were known as the cunning craft. Their services also included thwarting witchcraft. Although some cunning folk were denounced as witches themselves, they made up a minority of those accused, and the common people generally made a distinction between the two. The name 'cunning folk' originally referred to folk-healers and magic-workers in Britain, but the name is now applied as an umbrella term for similar people in other parts of Europe.

<span class="mw-page-title-main">Witchcraft Suppression Act, 1957</span> South African law

The Witchcraft Suppression Act 3 of 1957 is an act of the Parliament of South Africa that prohibits various activities related to witchcraft, witch smelling or witch-hunting. It is based on the Witchcraft Suppression Act 1895 of the Cape Colony, which was in turn based on the Witchcraft Act 1735 of Great Britain.

<span class="mw-page-title-main">Witch trials in early modern Scotland</span>

In early modern Scotland, in between the early 16th century and the mid-18th century, judicial proceedings concerned with the crimes of witchcraft took place as part of a series of witch trials in Early Modern Europe. In the late middle age there were a handful of prosecutions for harm done through witchcraft, but the passing of the Witchcraft Act 1563 made witchcraft, or consulting with witches, capital crimes. The first major issue of trials under the new act were the North Berwick witch trials, beginning in 1590, in which King James VI played a major part as "victim" and investigator. He became interested in witchcraft and published a defence of witch-hunting in the Daemonologie in 1597, but he appears to have become increasingly sceptical and eventually took steps to limit prosecutions.

Superstition refers to any belief or practice that is caused by supernatural causality, and which contradicts modern science. Superstitious beliefs and practices often vary from one person to another or from one culture to another.

Witch-hunts are practiced today throughout the world. While prevalent world-wide, hot-spots of current witch-hunting are India, Papua New Guinea, Amazonia, and Sub-Saharan Africa. Body counts of modern witch-hunts exceed those of early-modern witch-hunting.

The Witch trials in Portugal were perhaps the fewest in all of Europe. Similar to the Spanish Inquisition in neighboring Spain, the Portuguese Inquisition preferred to focus on the persecution of heresy and did not consider witchcraft to be a priority. In contrast to the Spanish Inquisition, however, the Portuguese Inquisition was much more efficient in preventing secular courts from conducting witch trials, and therefore almost managed to keep Portugal free from witch trials. Only seven people are known to have been executed for sorcery in Portugal.

The witch trials in the Netherlands were among the smallest in Europe. The Netherlands are known for having discontinued their witchcraft executions earlier than any other European country. The provinces began to phase out capital punishment for witchcraft beginning in 1593. The last trial in the Northern Netherlands took place in 1610.

<span class="mw-page-title-main">Witch trials in England</span>

In England, witch trials were conducted from the 15th century until the 18th century. They are estimated to have resulted in the death of perhaps 500 people, 90 percent of whom were women. The witch hunt was at its most intense stage during the English Civil War (1642–1651) and the Puritan era of the mid-17th century.

Unlike neighboring England and Scotland, there were few witchcraft accusations and trials in Wales throughout the 1500s to mid-1700s, and most of the accused were acquitted. Only five people were executed in Wales for witchcraft during this period.

<span class="mw-page-title-main">Witch trials in Virginia</span> Virginia witch trials

During a 104-year period from 1626 to 1730, there are documented Virginia Witch Trials, hearings and prosecutions of people accused of witchcraft in Colonial Virginia. More than two dozen people are documented having been accused, including two men. Virginia was the first colony to have a formal accusation of witchcraft in 1626, and the first formal witch trial in 1641.

References

Footnotes

  1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. Hutton, Ronald (1999). The Triumph of the Moon: A History of Modern Pagan Witchcraft . Oxford University Press. p.  107. ISBN   978-0-19-820744-3.
  3. Sir John Holt. National Portrait Gallery.
  4. 1 2 3 4 5 Davies, Owen (1999). Witchcraft, Magic and Culture 1736-1951 . Manchester University Press. pp.  1-2. ISBN   978-0-7190-5656-7. "The responsibility of all men of authority was reversed. Instead of instigating the scratching or swimming of a witch, the justice of the peace now turned to censuring those who took it upon themselves to perform such actions. Instead of overseeing the weighing of witches against the church Bible, Anglican clergyman now preached that the mother of all witches, the Witch of Endor, was nothing but a mere impostor. The fight was now not against the evil of witchcraft, but, instead, against the evil influence which such 'ignorant' and 'superstitious delusions' had on the minds of the uneducated masses.
  5. Newton & Bath 2008, pp. 224–225.
  6. "In Owen Davies's reconstruction of events, a change in attitudes occurred at the opening of the nineteenth century, as members of the social elite came to perceive that a faith in magic seemed to be as prevalent among the populace as it had been a hundred years before, even while a growing political turbulence among commoners gave their rulers a new interest in the idea of education and civility as stabilizing forces. Ignorance, superstition, criminality and insurrection seemed increasingly to make up a single package, and one result of this realization was a growing number of prosecutions under the 1735 Act and then considerably more under a new statute which was brought in to reinforce it in 1824." Hutton. p. 107.
  7. ""Witchcraft Act charges". The Times . London. 27 September 1944. p. 2.
  8. Chambers, Vanessa (24 January 2007), "The Witchcraft Act wasn't about women on brooms", The Guardian , London, retrieved 29 October 2010
  9. "Obituary of Thomas Brooks". The Times . London. 17 February 1958.
  10. "The 1957 Witchcraft Act". Quackdown. 29 August 2011. Retrieved 19 October 2015.

Bibliography