Witches and the pursuit of them were common in early modern Europe and the Americas. While witches are still prevalent in our culture today, they are often seen as a source of entertainment in movies, children's literature, and during Halloween celebrations. A timely topic for October is the historical relationship between witch trials and the law.
Witchcraft Acts
In the 1500s and 1600s, various laws were established across England, Wales, Scotland, and Ireland to control magic and witchcraft. Among these, England's three primary witchcraft acts had the most impact on additional regulations and history.
The Witchcraft Act of 1542 (33 Hen. VIII c. 8) was the first to define witchcraft and to criminalize it as a felony punishable by death without clergy or sanctuary. The Act was repealed after the death of Henry VIII in 1547 (1 Edw. VI, c12) and was not replaced until five years into Elizabeth I's reign.
In 1562, an Act Against Conjurations, Enchantments and Witchcrafts (5 Eliz. 1. c. 16) reclassified witchcraft as a felony and shifted trials from church settings to secular courts. It also created penalties for first and second offenses that were less severe than death.
In 1604, The Witchcraft Act, officially titled "An Act Against Conjuration, Witchcraft, and Dealing with Evil and Wicked Spirits" (2 Jas. I c. 12), expanded the Act of 1562 by increasing the scope of crimes and expanding the death penalty punishment.
Witch Trials
Most of what we know about England’s historic witch trials comes from records of the assize courts. The Assizes, or Courts of Assize, served as the foundation for civil and felony criminal cases in English counties until 1971.
The book Witch Hunting and Witch Trials: The Indictments for Witchcraft from the Records of 1373 Assizes Held for the Home Circuit, 1559-1736 A.D., offers legal insight and a general historical examination of this time period. Some noteworthy sections include the names of convicted witches, jury instructions, jail rolls, and charging details by date within each monarch's reign.
The book is part of the Notable Trials Collection at the State of Oregon Law Library. This collection is not limited to European trials; it also features notable American cases. Among the collection is The American State Trials, a 17-volume set that includes The Trials of Bridget Bishop and George Burroughs. Bishop was the first person sentenced to death during the Salem Witch Trials in colonial Massachusetts, while Burroughs was the only Puritan minister to be executed.
Trials Collection
The law library's Notable Trials Collection includes significant historical trials from Britain and France, the Nuremberg war crime tribunals, and important American trials spanning from the colonial period to the 1980s. This collection addresses a wide range of topics, including treason, sedition, land use disputes, murder and assassination, court-martials, Cold War espionage, art and obscenity, as well as both judicial and presidential impeachments.