1563: 5 Elizabeth 1 c.16: An Act against Conjurations, Inchantments and Witchcraft

1563: 5 Elizabeth 1 c.16: An Act agaynst Conjuracions Inchantmentes and Witchecraftes.

WHERE at this present, there ys no ordinarye ne condigne Punishement provided agaynst the Practisers of the wicked Offences of Conjuracions and Invocacions of evill Spirites, and of Sorceries Enchauntmentes Charmes and Witchecraftes, the which Offences by force of a Statute made in the xxxiii yere of the Reigne of the late King Henry the Eyghthe were made to bee Felonye, and so continued untill the sayd Statute was repealed by The acte and Statute of Repeale made in the first yere of the Reigne of the late King Edwarde the vi; sythens the Repeale wherof many fantasticall and devilishe persons have devised and practised Invocacions and Conjuracions of evill and wicked Spirites, and have used and practised Wytchecraftes Enchantementes Charms and Sorceries, to the Destruccioon of the Persons and Goodes of their Neighebours and other Subjectes of this Realme, and for other lewde Intentes and Purposes contrarye to the Lawes of Almighty God, to the Perill of theyr owne Soules, and to the great Infamye and Disquietnes of this Realme: For REFORMACION wherof bee it enacted by the Quenes Majestie with the assent of the Lordes Spirituall and Temporall and the Commons in this presente Parliament assembled, and by the authoritee of the same, That yf any person or persons after the first daye of June nexte coming, use practise or exercise any Invocacions or Conjuracions of evill and wicked Spirites, to or for any Intent or Purpose; or els if any person or persons after the said first daye of June shall use practise or exercise any Witchecrafte Enchantment Charme or Sorcerie, wherby any person shall happen to bee killed or destroyed, that then as well every suche Offendor or Offendors in Invocacions and Conjuracions as ys aforesayd, their Concellors & Aidours, as also every suche Offendor or Offendors in Witchecrafte Enchantement Charme or Sorcerie whereby the Deathe of any person dothe ensue, their Aidours and Concellors, being of either of the said Offences lawfully convicted and attainted, shall suffer paynes of Deathe as a Felon or Felons, and shall lose the Priviledg and Benefite of Sanctuarie & Clergie: Saving to the Wief of such persone her Title of Dower, and also to the Heyre and Successour of suche person his or theyr Tytles of Inheritaunce Succession and other Rightes, as thoughe no suche Attayndour of the Auncestour or Predecessour had been had or made.

II. And further bee yt enacted by the authoritee aforesayd, That if
any person or persons, after the saide first daye of June nexte commyng, shall use practise or exercyse any Wytchecrafte Enchauntement Charme or Sorcerie, wherby any person shall happen to bee wasted consumed or lamed in his or her Bodye or Member, or wherby any Goodes or Cattelles of any person shall bee destroyed wasted or impayred, then every suche Offendour or Offendours their Councelloures and Aydoures, being therof lawfully convicted, shall for his or their first Offence or Offences, suffer Imprisonment by the Space of one whole Yere, without Bayle or Mayneprise, and once in every Quarter of the said Yere, shall in some Market Towne, upon the Market Daye or at such tyme as any Fayer shall bee kepte there, stande openly upon the Pillorie by the Space of Six Houres, and there shall openly confesse his or her Erroure and Offence; and for the Seconde Offence, being as ys aforesayd lawfully convicted or attaynted shall suffer Deathe as a Felon, and shall lose the Privilege of Clergie and Sanctuarye: Saving to the Wief of suche person her Title of Dower, and also to their heir & Sucessor of suche person, his or their Titles of Inheritance Succession and other Rightes, as thoughe no suche Attandor of The ancestor or Predecessor had beene hadde or made.

Provided alwaies, That yf the Offendour, in any of the Cases aforesayd for whiche the paynes of Deathe shall ensue, shall happen to bee a Peere of this Realme, then his Triall thereyn to be hadd by hys Peeres, as yt ys used in cases of Felonye or Treason and not otherwyse.

III. And further to thintent that all maner of practise use or exercise of Witchecrafte Enchantement Charme or Sorcerye shoulde bee from hensforthe utterly avoyded abolished and taken away; Bee it enacted by the authoritee of this presente Parliament, That yf any person or persons shall from and after the sayd first daye of June nexte coming, take upon him or them, by Witchecrafte Enchantement Charme or Sorcerie, to tell or declare in what Place any Treasure of Golde or Sylver shoulde or might bee founde or had in the Earthe or other secret Places, or where Goodes or Thinges lost or stollen should bee founde or becume, or shall use or practise anye Sorcerye Enchantement Charme or Witchcrafte, to thintent to provoke any person to unlaufull love, or to hurte or destroye any person in his or her Body, Member or Goodes; that then every suche person or persons so offending, and being therof lawfully convicted, shall for the said offence suffer Imprysonement by the space of One whole yere without Bayle or Mayneprise, and once in every Quarter of the said yere, shall in some Market Towne, upon the Marcket Daye or at such tyme as any Fayer shall bee kepte there, stande openly upon the Pillorie by the space of Six Houres, and there shall openly confesse his or her Error and Offence; And yf anye person or persons, being once convicted of the same Offences as ys aforesayd, doo eftesones perpetrate and committ the lyke Offence, that then every suche Offendour being thereof the seconde tyme convicted as ys aforesaid, shall forfaite unto the Quenes Majestie her heires and successoures, all his Goodes and Cattelles and suffer Imprysonement during Lyef.

Source & further reading: Newton and Bath, Witchcraft and the Act of 1604, Brill, 2008. Spelling lightly modernised.